BILL NUMBER:S6733

TITLE OF BILL:  An act to amend the education law, in relation to the
funding of supplementary aids for students attending certain schools
for severely disabled and medically at risk students

PURPOSE:

This bill would clarify that the funding spent for supplementary aides
to accompany the severely disabled students is eligible for state aid.

SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new § 4313-a of the Education Law,
requiring that where certain school districts have students residing
in such districts, including students residing in a city with a
population of one million or more, who attend a school whose student
body is comprised of students with severe physical disabilities and
severe medical conditions and receive state operating aid, such
district shall, where it is deemed medically necessary by such school,
provide for supplementary school personnel as a supplementary aide to
accompany certain students to such school, and be present and
assistive during the course of the school day as the medical condition
of such students requires. In addition, section 1 sets forth that such
districts will be eligible for reimbursement by the department for the
costs of such supplementary aides at the rate of ninety percent. The
              

commissioner is authorized to promulgate rules and regulations to
implement the supplementary aide reimbursement provisions of this
section.

Section 2 sets the effective date

JUSTIFICATION:

The Henry Viscardi School was established (then Human Resources
School) in March of 1963 and became eligible for state aid under the
provisions of Chapter 1060 of the laws of 1974. It is funded as if it
were a school for the blind and deaf. The school serves students from
Long Island, throughout New York City, and its northern suburbs, who
have severe physical disabilities and/or chronic medical conditions.

Some of the students' medical conditions require that an aide
accompany him or her to school each day. Some of these aides are even
nurses because that is the level of care that is needed. Without these
aides, these students could not continue to attend school, and likely
would be home bound. They would be denied a regular school experience,
and receive limited instruction at home. Some also may be
institutionalized. These aides have been provided for many years and
have been paid for by the student's home school district. In the Fall
of 2013, the City of New York informed the Viscardi School that it
must discontinue the provision of the aides for the approximately 30
students from the City that require these aides. The City of New York
stated that it had been informed by the State Education department
that the City was being improperly reimbursed for the cost of the
aides.


After several meetings last year involving the City and State, it was
agreed that the aides and the reimbursement would continue until the
end of the 2013-2014 school year. This bill does not increase funding
because the money for the aides (approx. $1.7M) has been spent for
many years and is being spent this year. The legislation, however,
clarifies that this expense is an aidable expense and that it is
clearly authorized under the education law.

FISCAL IMPACT:

To be determined.

LEGISLATIVE HISTORY:

This is a new bill.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to school years
beginning on or after July 1, 2014.