senate Bill S6491

2013-2014 Legislative Session

Provides special supplemental apportionment for school age children receiving special education programs and services

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 29, 2014 referred to education

S6491 - Bill Details

See Assembly Version of this Bill:
A3551A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง3602, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2115
2009-2010: A2172

S6491 - Bill Texts

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Phases in over five years full state funding of school district costs for school age children receiving special education programs and services; requires school districts to reduce their real property tax levy in an amount equal to the increase in state assistance.

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BILL NUMBER:S6491

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To provide special supplemental
apportionment for school age children receiving special education
programs and services.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill is the
legislative findings and purpose.

Section 2 amends education law section 3602 by adding a new
subdivision 21 to:

1. provide a special supplemental apportionment to schools to cover
the costs for school age children receiving special education services
beginning July 1, 2014 and to phase-in over five years the assumption
by the state of all special education service costs;

2. require school districts to apply the increments in apportionments
received under this act to reducing their tax levy form real property
taxes and to certify to the commissioner that the reduction to real
property taxes have been made as required in this subdivision;

3. require the legislature to annually appropriate funds sufficient to
support the payments to school districts required.

Section 3 is the effective date.

JUSTIFICATION: The costs to school districts and indirectly to real
property taxpayers for providing special education programs and
services is increasingly a burden making the essential education
mission more difficult to carry out. Moreover, special education is a
health based service and should more appropriately be borne by the
state government. The purpose of this act is 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 to
provide that school property taxes be reduced.

PRIOR LEGISLATIVE HISTORY: None in Senate

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately

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

                                  6491

                            I N  S E N A T E

                            January 29, 2014
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed 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 FIFTEEN 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 FOURTEEN.  FOR THE SCHOOL YEAR BEGINNING JULY FIRST,
TWO THOUSAND FIFTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR
APPORTIONMENT PLUS NOT  LESS  THAN  TWENTY  PERCENT  OF  THE  DIFFERENCE
BETWEEN  SUCH  APPORTIONMENT  AND  ITS  TOTAL COST FOR SPECIAL EDUCATION
PROGRAMS. FOR  THE  SCHOOL  YEAR  BEGINNING  JULY  FIRST,  TWO  THOUSAND
SIXTEEN,  EACH  SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTION-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05855-03-4

S. 6491                             2

MENT 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 SEVENTEEN 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 EIGHTEEN, 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  NINE-
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.

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