S T A T E   O F   N E W   Y O R K
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                                  5309

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Education

AN  ACT  to  amend  the  education  law,  in relation to the recovery of
  certain costs by school districts and to amend chapter 352 of the laws
  of 2005, amending the education law relating to implementation of  the
  federal  individuals  with  disabilities  education improvement act of
  2004, in relation to making such provisions permanent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  7 of section 3602-c of the education law, as
amended by chapter 378 of the laws  of  2007,  is  amended  to  read  as
follows:
  7.  a. Boards of education of districts providing career education and
gifted education services to non-resident students shall be entitled  to
recover  tuition  from  the  district  of  residence of such students in
accordance with a formula promulgated by the commissioner by regulation.
  b. In the case of the education for students with disabilities who are
residents of New York, a school district of location providing  services
to non-resident students shall be entitled to recover costs of services,
costs  of evaluation, and costs of committee on special education admin-
istration directly from the district of  residence  of  the  student  if
consent  of  the  parent  or  person in parental relation is obtained to
release of personally identifiable information concerning  their  child.
If  such  consent is not obtained, the school district of location shall
submit to the commissioner, in a form prescribed by the commissioner,  a
claim for costs of services, evaluation costs, [and] AND/OR committee on
special  education administrative costs that includes the address of the
student's permanent residence, including the school  district  of  resi-
dence, and a certification by officials of the nonpublic school attended
by  the  student  that  such  address  is  the address of record of such
student. Upon certification by the commissioner of the  amount  of  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08215-01-9
              

A. 5309                             2

claim,  the  state  comptroller  shall deduct such amount from any state
funds which become due to such school district of residence.
  c. The amount charged by the school district of location for services,
evaluation, [eligible due process costs] and committee on special educa-
tion administrative costs shall not exceed the actual cost to the school
district  of  location,  after  deducting any costs paid with federal or
state funds, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,  AND
SUCH  AMOUNT  SHALL  BE ADJUSTED SO THAT IT DOES NOT EXCEED ANY REGIONAL
RATES ESTABLISHED PURSUANT TO THIS  PARAGRAPH.  The  commissioner  shall
[adopt  regulations prescribing a dispute resolution mechanism that will
be available to a school district of residence where such district disa-
grees with the amount of tuition or costs charged by the school district
of location] ESTABLISH REGIONAL RATES FOR  SPECIAL  EDUCATION  SERVICES,
EVALUATIONS,  AND COMMITTEE ON SPECIAL EDUCATION ADMINISTRATION, AND THE
AMOUNT CHARGED BY THE SCHOOL  DISTRICT  OF  LOCATION  PURSUANT  TO  THIS
SUBDIVISION FOR COSTS FOR WHICH A REGIONAL RATE IS ESTABLISHED SHALL NOT
EXCEED SUCH REGIONAL RATE.
  S  2.  Section  22  of  chapter  352 of the laws of 2005, amending the
education law, relating to implementation  of  the  federal  individuals
with disabilities education improvement act of 2004, as amended by chap-
ter 378 of the laws of 2007, is amended to read as follows:
  S  22.  This act shall take effect July 1, 2005, provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after  July  1,  2005[; and provided further, however, that sections one
through four and six through twenty-one of this act shall expire and  be
deemed repealed June 30, 2009, and section five of this act shall expire
and be deemed repealed June 30, 2009].
  S  3. This act shall take effect immediately, provided that the amend-
ments to subdivision 7 of section 3602-c of the education  law  made  by
section  one  of  this  act  shall  first  apply to charges for costs of
services, evaluation and committee on special  education  administration
that  relate to the provision of special education programs and services
to students attending nonpublic schools for the 2009-2010 school year.