Bill Text: NY A00433 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 433 (Prior Session Legislation)

Introduced

Bill Title: Phases in over five years full state funding of school district costs for school age children receiving special education programs and services; requires school districts to reduce their real property tax levy in an amount equal to the increase in state assistance.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to education [A00433 Detail]

Download: New_York-2015-A00433-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          433
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. ABINANTI -- Multi-Sponsored by -- M. of A. KEARNS
         -- read once and referred to the Committee on Education
       AN  ACT  to  amend the education law, in relation to state assistance to
         school districts for each school age child receiving special education
         programs and services
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  findings  and purpose. The legislature finds
    2  that the costs to school districts and, indirectly, to real property tax
    3  payers for providing special education programs and services is increas-
    4  ingly a burden making the essential educational mission  more  difficult
    5  to  carry out. The legislature further finds that special education is a
    6  health based service and should more appropriately be borne by the state
    7  government. Therefore, it is the purpose of this act  to  phase-in  over
    8  five  years the assumption by the state of the costs to school districts
    9  for each child receiving special education programs and services and  to
   10  provide that school property taxes be reduced accordingly.
   11    S  2.  Section  3602  of  the education law is amended by adding a new
   12  subdivision 21 to read as follows:
   13    21. SPECIAL SUPPLEMENTAL APPORTIONMENT FOR SCHOOL AGE CHILDREN RECEIV-
   14  ING SPECIAL EDUCATION PROGRAMS  AND  SERVICES.  A.  NOTWITHSTANDING  ANY
   15  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY, EACH SCHOOL DISTRICT SHALL
   16  RECEIVE A SPECIAL SUPPLEMENTAL APPORTIONMENT  FOR  SCHOOL  AGE  CHILDREN
   17  RECEIVING  SPECIAL EDUCATION PROGRAMS AND SERVICES BEGINNING JULY FIRST,
   18  TWO THOUSAND SIXTEEN AND THEREAFTER AS PROVIDED HEREIN. AS USED IN  THIS
   19  SUBDIVISION, THE BASE YEAR APPORTIONMENT SHALL BE THE AMOUNT PAYABLE FOR
   20  EACH  SCHOOL DISTRICT'S CLAIMS FOR SCHOOL AGE CHILDREN RECEIVING SPECIAL
   21  EDUCATION PROGRAMS AND SERVICES  FOR  THE  SCHOOL  YEAR  BEGINNING  JULY
   22  FIRST,  TWO THOUSAND FIFTEEN.  FOR THE SCHOOL YEAR BEGINNING JULY FIRST,
   23  TWO THOUSAND SIXTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04360-01-5
       A. 433                              2
    1  APPORTIONMENT PLUS NOT  LESS  THAN  TWENTY  PERCENT  OF  THE  DIFFERENCE
    2  BETWEEN  SUCH  APPORTIONMENT  AND  ITS  TOTAL COST FOR SPECIAL EDUCATION
    3  PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND  SEVEN-
    4  TEEN,  EACH  SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT
    5  PLUS NOT LESS THAN FORTY PERCENT OF THE DIFFERENCE BETWEEN  SUCH  APPOR-
    6  TIONMENT  AND  ITS  TOTAL  COST  FOR SPECIAL EDUCATION PROGRAMS. FOR THE
    7  SCHOOL YEAR BEGINNING JULY FIRST,  TWO  THOUSAND  EIGHTEEN  EACH  SCHOOL
    8  DISTRICT  SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT PLUS NOT LESS THAN
    9  SIXTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL
   10  COST FOR SPECIAL EDUCATION PROGRAMS. FOR THE SCHOOL YEAR BEGINNING  JULY
   11  FIRST,  TWO  THOUSAND NINETEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR
   12  BASE YEAR APPORTIONMENT PLUS NOT LESS THAN EIGHTY PERCENT OF THE DIFFER-
   13  ENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION
   14  PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND  TWENTY
   15  AND  THEREAFTER, EACH SCHOOL DISTRICT RECEIVES AN APPORTIONMENT EQUAL TO
   16  ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS.
   17    B. SCHOOL  DISTRICTS  SHALL  APPLY  THE  INCREMENTS  IN  APPORTIONMENT
   18  RECEIVED  PURSUANT  TO  THIS SUBDIVISION TO REDUCING THEIR TAX LEVY FROM
   19  REAL PROPERTY TAXES. FOR EACH TAXABLE YEAR AFTER THE SPECIAL  APPORTION-
   20  MENTS  COMMENCE,  EACH SCHOOL DISTRICT SHALL CERTIFY TO THE COMMISSIONER
   21  THAT IT HAS MADE THE REDUCTION TO ITS REAL PROPERTY TAX LEVY AS REQUIRED
   22  BY THIS PARAGRAPH.
   23    C. THE LEGISLATURE SHALL ANNUALLY APPROPRIATE  AN  AMOUNT  WITHIN  THE
   24  APPROPRIATION  FOR  GENERAL  SUPPORT  FOR  PUBLIC  SCHOOLS SUFFICIENT TO
   25  SUPPORT ALL AID PAYMENTS INCURRED PURSUANT TO PARAGRAPH A OF THIS SUBDI-
   26  VISION.
   27    S 3. This act shall take effect immediately.