Bill Text: NY A07974 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the recovery of certain costs by school districts; makes such provisions permanent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to education [A07974 Detail]

Download: New_York-2011-A07974-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7974
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 25, 2011
                                      ___________
       Introduced by M. of A. THIELE -- read once and referred to the Committee
         on Education
       AN  ACT  to  amend  the  education  law,  in relation to the recovery of
         certain costs by school districts and to amend chapter 352 of the laws
         of 2005, amending the education law relating to implementation of  the
         federal  individuals  with  disabilities  education improvement act of
         2004, in relation to making such provisions permanent
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  7 of section 3602-c of the education law, as
    2  amended by chapter 378 of the laws  of  2007,  is  amended  to  read  as
    3  follows:
    4    7.  a. Boards of education of districts providing career education and
    5  gifted education services to non-resident students shall be entitled  to
    6  recover  tuition  from  the  district  of  residence of such students in
    7  accordance with a formula promulgated by the commissioner by regulation.
    8    b. In the case of the education for students with disabilities who are
    9  residents of New York, a school district of location providing  services
   10  to non-resident students shall be entitled to recover costs of services,
   11  costs  of evaluation, and costs of committee on special education admin-
   12  istration directly from the district of  residence  of  the  student  if
   13  consent  of  the  parent  or  person in parental relation is obtained to
   14  release of personally identifiable information concerning  their  child.
   15  If  such  consent is not obtained, the school district of location shall
   16  submit to the commissioner, in a form prescribed by the commissioner,  a
   17  claim for costs of services, evaluation costs, [and] AND/OR committee on
   18  special  education administrative costs that includes the address of the
   19  student's permanent residence, including the school  district  of  resi-
   20  dence, and a certification by officials of the nonpublic school attended
   21  by  the  student  that  such  address  is  the address of record of such
   22  student. Upon certification by the commissioner of the  amount  of  such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11639-01-1
       A. 7974                             2
    1  claim,  the  state  comptroller  shall deduct such amount from any state
    2  funds which become due to such school district of residence.
    3    c. The amount charged by the school district of location for services,
    4  evaluation, [eligible due process costs] and committee on special educa-
    5  tion administrative costs shall not exceed the actual cost to the school
    6  district  of  location,  after  deducting any costs paid with federal or
    7  state funds, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,  AND
    8  SUCH  AMOUNT  SHALL  BE ADJUSTED SO THAT IT DOES NOT EXCEED ANY REGIONAL
    9  RATES ESTABLISHED PURSUANT TO THIS  PARAGRAPH.  The  commissioner  shall
   10  [adopt  regulations prescribing a dispute resolution mechanism that will
   11  be available to a school district of residence where such district disa-
   12  grees with the amount of tuition or costs charged by the school district
   13  of location] ESTABLISH REGIONAL RATES FOR  SPECIAL  EDUCATION  SERVICES,
   14  EVALUATIONS,  AND COMMITTEE ON SPECIAL EDUCATION ADMINISTRATION, AND THE
   15  AMOUNT CHARGED BY THE SCHOOL  DISTRICT  OF  LOCATION  PURSUANT  TO  THIS
   16  SUBDIVISION FOR COSTS FOR WHICH A REGIONAL RATE IS ESTABLISHED SHALL NOT
   17  EXCEED SUCH REGIONAL RATE.
   18    S  2.  Section  22  of  chapter  352 of the laws of 2005, amending the
   19  education law, relating to implementation  of  the  federal  individuals
   20  with disabilities education improvement act of 2004, as amended by chap-
   21  ter 206 of the laws of 2009, is amended to read as follows:
   22    S  22.  This act shall take effect July 1, 2005, provided, however, if
   23  this act shall become a law after such date it shall take  effect  imme-
   24  diately and shall be deemed to have been in full force and effect on and
   25  after  July  1,  2005[; and provided further, however, that sections one
   26  through four and six through twenty-one of this act shall expire and  be
   27  deemed repealed June 30, 2012, and section five of this act shall expire
   28  and be deemed repealed June 30, 2012].
   29    S  3. This act shall take effect immediately, provided that the amend-
   30  ments to subdivision 7 of section 3602-c of the education  law  made  by
   31  section  one  of  this  act  shall  first  apply to charges for costs of
   32  services, evaluation and committee on special  education  administration
   33  that  relate to the provision of special education programs and services
   34  to students attending nonpublic schools for the 2011-2012 school year.