S T A T E O F N E W Y O R K
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:
Section 1. The education law is amended by adding a new section 4411
to read as follows:
S 4411. STATE AID FOR SPECIAL EDUCATION SERVICES FOR STUDENTS WITH
HANDICAPPING CONDITIONS. 1. ON AND AFTER JULY FIRST, TWO THOUSAND
TWELVE, THE COMMISSIONER SHALL MAKE PAYMENTS, WITHOUT APPORTIONMENT, TO
SCHOOL DISTRICTS AND MUNICIPALITIES FOR SPECIAL EDUCATION SERVICES FOR
STUDENTS WITH HANDICAPPING CONDITIONS. THE FULL AMOUNT OF COST DIRECTLY
RELATED TO THE SPECIAL EDUCATION SERVICES RENDERED TO SUCH STUDENTS
SHALL BE REIMBURSED, PROVIDED THAT ANY PLACEMENT OF SUCH STUDENTS WAS
APPROVED BY THE COMMISSIONER.
2. ANY MONEYS DUE TO A MUNICIPALITY OR SCHOOL DISTRICT SHALL BE
REDUCED BY THE AMOUNT OF ANY FEDERAL PARTICIPATION, PURSUANT TO TITLE
XIX OF THE SOCIAL SECURITY ACT, IN SPECIAL EDUCATION PROGRAMS PROVIDED
PURSUANT TO THIS ARTICLE.
3. WHENEVER THE STATE AID PROVIDED PURSUANT TO THIS SECTION CREATES A
BUDGETARY SURPLUS FOR A SCHOOL DISTRICT OR MUNICIPALITY, SUCH SURPLUS
SHALL BE UTILIZED SOLELY TO REDUCE TAXES FOR THE FOLLOWING FISCAL YEAR.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.