S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3284--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 15, 2011
                                      ___________
       Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
         and when printed to be committed to  the  Committee  on  Education  --
         recommitted  to  the  Committee on Education in accordance with Senate
         Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT to amend the education law, in relation to state aid for special
         education services for students with handicapping conditions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The education law is amended by adding a new section 4411
    2  to read as follows:
    3    S 4411. STATE AID FOR SPECIAL EDUCATION  SERVICES  FOR  STUDENTS  WITH
    4  HANDICAPPING  CONDITIONS.  1.  ON  AND  AFTER  JULY  FIRST, TWO THOUSAND
    5  TWELVE, THE COMMISSIONER SHALL MAKE PAYMENTS, WITHOUT APPORTIONMENT,  TO
    6  SCHOOL  DISTRICTS  AND MUNICIPALITIES FOR SPECIAL EDUCATION SERVICES FOR
    7  STUDENTS WITH HANDICAPPING CONDITIONS. THE FULL AMOUNT OF COST  DIRECTLY
    8  RELATED  TO  THE  SPECIAL  EDUCATION  SERVICES RENDERED TO SUCH STUDENTS
    9  SHALL BE REIMBURSED, PROVIDED THAT ANY PLACEMENT OF  SUCH  STUDENTS  WAS
   10  APPROVED BY THE COMMISSIONER.
   11    2.  ANY  MONEYS  DUE  TO  A  MUNICIPALITY  OR SCHOOL DISTRICT SHALL BE
   12  REDUCED BY THE AMOUNT OF ANY FEDERAL PARTICIPATION,  PURSUANT  TO  TITLE
   13  XIX  OF  THE SOCIAL SECURITY ACT, IN SPECIAL EDUCATION PROGRAMS PROVIDED
   14  PURSUANT TO THIS ARTICLE.
   15    3. WHENEVER THE STATE AID PROVIDED PURSUANT TO THIS SECTION CREATES  A
   16  BUDGETARY  SURPLUS  FOR  A SCHOOL DISTRICT OR MUNICIPALITY, SUCH SURPLUS
   17  SHALL BE UTILIZED SOLELY TO REDUCE TAXES FOR THE FOLLOWING FISCAL YEAR.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06446-02-2