STATE OF NEW YORK
________________________________________________________________________
579
2021-2022 Regular Sessions
IN SENATE
(Prefiled)
January 6, 2021
___________
Introduced by Sens. MAYER, GAUGHRAN, HARCKHAM, SKOUFIS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education
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 title, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02642-01-1
S. 579 2
1 of nineteen hundred seventy-six provided that interim plus tuition rates
2 shall only be issued where the corresponding program or school is in
3 compliance with the fiscal reporting requirements promulgated by the
4 commissioner. The commissioner of social services, in consultation with
5 appropriate state agencies and departments, shall have responsibility
6 for developing a reimbursement methodology for maintenance, pursuant to
7 section three hundred ninety-eight-a of the social services law and the
8 regulations promulgated thereunder.
9 c. The director of the budget, in consultation with the commissioner
10 [of education], the commissioner of social services, and any other state
11 agency or other source the director may deem appropriate, shall approve
12 reimbursement methodologies for tuition and for maintenance. Any modifi-
13 cation in the approved reimbursement methodologies shall be subject to
14 the approval of the director of the budget. Notwithstanding any other
15 provision of law, rule or regulation to the contrary, tuition rates
16 established for the nineteen hundred ninety-five--ninety-six school year
17 shall exclude the two percent cost of living adjustment authorized in
18 rates established for the nineteen hundred ninety-four--ninety-five
19 school year. Notwithstanding any other provision of law, rule or regu-
20 lation to the contrary, the director of the budget shall, as part of the
21 reimbursement methodology for the tuition approval process, include the
22 use of interim plus rates consisting of a carryforward of the most
23 recent certified rate issued for the two thousand thirteen--two thousand
24 fourteen school year or thereafter, plus an amount representing approved
25 growth for special act school districts as defined in section four thou-
26 sand one of this title, approved preschool special education programs
27 pursuant to section forty-four hundred ten of this article and approved
28 private residential or non-residential schools for the education of
29 students with disabilities including private schools established under
30 chapter eight hundred fifty-three of the laws of nineteen hundred seven-
31 ty-six provided that interim plus tuition rates shall only be issued
32 where the corresponding program or school is in compliance with the
33 fiscal reporting requirements promulgated by the commissioner.
34 § 2. This act shall take effect immediately.