S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2115

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M. of A. McENENY, GALEF, ENGLEBRIGHT, CLARK -- 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:

  Section 1. Legislative findings and  purpose.  The  legislature  finds
that the costs to school districts and, indirectly, to real property tax
payers for providing special education programs and services is increas-
ingly  a  burden making the essential educational mission more difficult
to carry out. The legislature further finds that special education is  a
health based service and should more appropriately be borne by the state
government.  Therefore,  it  is the purpose of this act to phase-in over
five years the assumption by the state of the costs to school  districts
for  each child receiving special education programs and services and to
provide that school property taxes be reduced accordingly.
  S 2. Section 3602 of the education law is  amended  by  adding  a  new
subdivision 21 to read as follows:
  21. SPECIAL SUPPLEMENTAL APPORTIONMENT FOR SCHOOL AGE CHILDREN RECEIV-
ING  SPECIAL  EDUCATION  PROGRAMS  AND  SERVICES. A. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO  THE  CONTRARY,  EACH  SCHOOL  DISTRICT  SHALL
RECEIVE  A  SPECIAL  SUPPLEMENTAL  APPORTIONMENT FOR SCHOOL AGE CHILDREN
RECEIVING SPECIAL EDUCATION PROGRAMS AND SERVICES BEGINNING JULY  FIRST,
TWO  THOUSAND  TWELVE AND THEREAFTER AS PROVIDED HEREIN. AS USED IN THIS
SUBDIVISION, THE BASE YEAR APPORTIONMENT SHALL BE THE AMOUNT PAYABLE FOR
EACH SCHOOL DISTRICT'S CLAIMS FOR SCHOOL AGE CHILDREN RECEIVING  SPECIAL
EDUCATION  PROGRAMS  AND  SERVICES  FOR  THE  SCHOOL YEAR BEGINNING JULY
FIRST, TWO THOUSAND ELEVEN.  FOR THE SCHOOL YEAR BEGINNING  JULY  FIRST,
TWO  THOUSAND TWELVE, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR
APPORTIONMENT PLUS NOT  LESS  THAN  TWENTY  PERCENT  OF  THE  DIFFERENCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01812-01-1
              

A. 2115                             2

BETWEEN  SUCH  APPORTIONMENT  AND  ITS  TOTAL COST FOR SPECIAL EDUCATION
PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO  THOUSAND  THIR-
TEEN,  EACH  SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT
PLUS  NOT  LESS THAN FORTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPOR-
TIONMENT AND ITS TOTAL COST FOR  SPECIAL  EDUCATION  PROGRAMS.  FOR  THE
SCHOOL  YEAR  BEGINNING  JULY  FIRST,  TWO THOUSAND FOURTEEN EACH SCHOOL
DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT PLUS NOT LESS  THAN
SIXTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL
COST  FOR SPECIAL EDUCATION PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY
FIRST, TWO THOUSAND FIFTEEN, EACH SCHOOL DISTRICT  SHALL  RECEIVE  THEIR
BASE YEAR APPORTIONMENT PLUS NOT LESS THAN EIGHTY PERCENT OF THE DIFFER-
ENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION
PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN
AND  THEREAFTER, EACH SCHOOL DISTRICT RECEIVES AN APPORTIONMENT EQUAL TO
ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS.
  B. SCHOOL  DISTRICTS  SHALL  APPLY  THE  INCREMENTS  IN  APPORTIONMENT
RECEIVED  PURSUANT  TO  THIS SUBDIVISION TO REDUCING THEIR TAX LEVY FROM
REAL PROPERTY TAXES. FOR EACH TAXABLE YEAR AFTER THE SPECIAL  APPORTION-
MENTS  COMMENCE,  EACH SCHOOL DISTRICT SHALL CERTIFY TO THE COMMISSIONER
THAT IT HAS MADE THE REDUCTION TO ITS REAL PROPERTY TAX LEVY AS REQUIRED
BY THIS PARAGRAPH.
  C. THE LEGISLATURE SHALL ANNUALLY APPROPRIATE  AN  AMOUNT  WITHIN  THE
APPROPRIATION  FOR  GENERAL  SUPPORT  FOR  PUBLIC  SCHOOLS SUFFICIENT TO
SUPPORT ALL AID PAYMENTS INCURRED PURSUANT TO PARAGRAPH A OF THIS SUBDI-
VISION.
  S 3. This act shall take effect immediately.