S T A T E   O F   N E W   Y O R K
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                                 3551--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced by M. of A. ABINANTI, KEARNS -- read once and referred to the
  Committee on Education -- recommitted to the Committee on Education in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05855-02-4
              

A. 3551--A                          2

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-
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.