S T A T E O F N E W Y O R K
________________________________________________________________________
2172
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. McENENY, GALEF, JOHN, 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 25 to read as follows:
25. 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 TEN 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 NINE. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO
THOUSAND TEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPOR-
TIONMENT PLUS NOT LESS THAN TWENTY PERCENT OF THE DIFFERENCE BETWEEN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00003-01-9
A. 2172 2
SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS.
FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND ELEVEN, EACH
SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT PLUS NOT
LESS THAN FORTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT AND
ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS. FOR THE SCHOOL YEAR
BEGINNING JULY FIRST, TWO THOUSAND TWELVE 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 THIRTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE
YEAR APPORTIONMENT PLUS NOT LESS THAN EIGHTY PERCENT OF THE DIFFERENCE
BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION
PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND FOUR-
TEEN 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.