S T A T E O F N E W Y O R K
________________________________________________________________________
4338
2017-2018 Regular Sessions
I N S E N A T E
February 10, 2017
___________
Introduced by Sen. BAILEY -- 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 aid for special
education services for a child with a disability
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 4411
to read as follows:
§ 4411. STATE AID FOR SPECIAL EDUCATION SERVICES FOR A CHILD WITH A
DISABILITY. 1. ON AND AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, THE
COMMISSIONER SHALL MAKE PAYMENTS, WITHOUT APPORTIONMENT, TO SCHOOL
DISTRICTS AND MUNICIPALITIES FOR SPECIAL EDUCATION SERVICES FOR A CHILD
WITH A DISABILITY. THE FULL AMOUNT OF COSTS DIRECTLY RELATED TO THE
SPECIAL EDUCATION SERVICES RENDERED TO SUCH CHILDREN SHALL BE REIM-
BURSED, PROVIDED THAT ANY PLACEMENT OF SUCH CHILDREN WERE APPROVED BY
THE COMMISSIONER.
2. ANY MONEYS DUE TO A MUNICIPALITY OR SCHOOL DISTRICT SHALL BE
REDUCED BY THE AMOUNT OF ANY FEDERAL PARTICIPATION, PURSUANT TO TITLE
XIX OF THE SOCIAL SECURITY ACT, IN SPECIAL EDUCATION PROGRAMS PROVIDED
PURSUANT TO THIS ARTICLE.
3. WHENEVER THE STATE AID PROVIDED PURSUANT TO THIS SECTION CREATES A
BUDGETARY SURPLUS FOR A SCHOOL DISTRICT OR MUNICIPALITY, SUCH SURPLUS
SHALL BE UTILIZED SOLELY TO REDUCE TAXES FOR THE FOLLOWING FISCAL YEAR.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08675-03-7