Bill Text: NY A10439 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to the methodology of rates to reimburse special education schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-06-14 - print number 10439a [A10439 Detail]

Download: New_York-2017-A10439-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        10439--A
                   IN ASSEMBLY
                                     April 23, 2018
                                       ___________
        Introduced  by M. of A. NOLAN -- read once and referred to the Committee
          on Education -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
        AN ACT to amend the education law, in relation to interim rates to reim-
          burse special education schools
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs a and c of subdivision 4 of section 4405 of  the
     2  education  law, paragraph a as amended by chapter 53 of the laws of 1990
     3  and paragraph c as amended by chapter  82  of  the  laws  of  1995,  are
     4  amended to read as follows:
     5    a.  The  commissioner  [of  education]  and the commissioner of social
     6  services shall develop reimbursement methodologies for the  tuition  and
     7  maintenance  components  of  approved  private  schools  and special act
     8  school districts. The commissioner [of education], in consultation  with
     9  the  appropriate state agencies and departments, shall have responsibil-
    10  ity for developing a reimbursement methodology for tuition  which  shall
    11  be  based upon appropriate educational standards promulgated pursuant to
    12  regulations of the commissioner [of  education].    Notwithstanding  any
    13  other  provision of law, rule or regulation to the contrary, the commis-
    14  sioner shall, as part of the reimbursement methodology for  the  tuition
    15  approval  process, include the use of interim plus rates consisting of a
    16  carryforward of the most recent certified rate issued for the two  thou-
    17  sand  thirteen--two thousand fourteen school year or thereafter, plus an
    18  amount representing approved growth for special act school districts  as
    19  defined in section four thousand one of this article, approved preschool
    20  special education programs pursuant to section forty-four hundred ten of
    21  this article and approved private residential or non-residential schools
    22  for  the  education  of  students  with  disabilities  including private
    23  schools established under chapter eight hundred fifty-three of the  laws
    24  of nineteen hundred seventy-six provided that interim plus tuition rates
    25  shall  only  be  issued  where the corresponding program or school is in
    26  compliance with the fiscal reporting  requirements  promulgated  by  the
    27  commissioner.  The commissioner of social services, in consultation with
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15296-06-8

        A. 10439--A                         2
     1  appropriate state agencies and departments,  shall  have  responsibility
     2  for  developing a reimbursement methodology for maintenance, pursuant to
     3  section three hundred ninety-eight-a of the social services law and  the
     4  regulations promulgated thereunder.
     5    c.  The  director of the budget, in consultation with the commissioner
     6  [of education], the commissioner of social services, and any other state
     7  agency or other source the director may deem appropriate, shall  approve
     8  reimbursement methodologies for tuition and for maintenance. Any modifi-
     9  cation  in  the approved reimbursement methodologies shall be subject to
    10  the approval of the director of the budget.  Notwithstanding  any  other
    11  provision  of  law,  rule  or  regulation to the contrary, tuition rates
    12  established for the nineteen hundred ninety-five--ninety-six school year
    13  shall exclude the two percent cost of living  adjustment  authorized  in
    14  rates  established  for  the  nineteen  hundred ninety-four--ninety-five
    15  school year.  Notwithstanding any other provision of law, rule or  regu-
    16  lation to the contrary, the director of the budget shall, as part of the
    17  reimbursement  methodology for the tuition approval process, include the
    18  use of interim plus rates consisting  of  a  carryforward  of  the  most
    19  recent certified rate issued for the two thousand thirteen--two thousand
    20  fourteen school year or thereafter, plus an amount representing approved
    21  growth for special act school districts as defined in section four thou-
    22  sand  one of this article, approved preschool special education programs
    23  pursuant to section forty-four hundred ten of this article and  approved
    24  private  residential  or  non-residential  schools  for the education of
    25  students with disabilities including private schools  established  under
    26  chapter eight hundred fifty-three of the laws of nineteen hundred seven-
    27  ty-six  provided  that  interim  plus tuition rates shall only be issued
    28  where the corresponding program or school  is  in  compliance  with  the
    29  fiscal reporting requirements promulgated by the commissioner.
    30    § 2. This act shall take effect immediately.
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