NY State Senate Bill 2017-S7974

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2018	referred to education

2017-S7974 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education
Laws Affected:: Amd §3, Chap 507 of 1974

2017-S7974 (ACTIVE) - Summary

Relates to the calculation of nonpublic schools' eligibility to receive aid.

2017-S7974 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7974

SPONSOR: MARCELLINO
 
TITLE OF BILL:

An act to amend chapter 507 of the laws of 1974, relating to providing
for the apportionment of state monies to certain nonpublic schools, to
reimburse them for their expenses in complying with certain state
requirements for the administration of state testing and evaluation
programs and for participation in state programs for the reporting of
basic educational data, in relation to the calculation of nonpublic
schools' eligibility to receive aid

 
PURPOSE:

To clarify that the State Education Department may continue to utilize
the instructional time standard as the basis for providing reimbursement
to nonpublic schools for their participation in the mandated services
aid program.

 
SUMMARY OF PROVISIONS:

Section 3 of chapter 507 of the laws of 1974 is amended to clarify that
schools will continue to be eligible for reimbursement based on the
instructional time standard utilized historically by department.

Section 2 provides for an immediate effective date in order that the
department may process reimbursement claims currently being held.

 
EXISTING LAW:

Except for 2016 appropriation language, existing law has been silent on
the issue. Nonetheless, this legislation codifies the long-standing
reimbursement standard.

 
JUSTIFICATION:

For more than 30 years, the State Education Department has used the
instructional time standard (an approx. 180 day instructional school
year and a 5 / 5.5 hour instructional day) as the basis for aid to most
nonpublic schools under the Mandated Services Aid program. The "instruc-
tional time" standard, which is also used as the basis for aid to public
schools, is tied to the provisions of the compulsory education law and
helps to provide consistency and predictability in aid to schools.

In recent years, a number of nonpublic schools began receiving less aid
based on the department having adjusted the reimbursement standards for
those schools. Aid to most schools, however, continued without
reductions. In the 2016-2017 State Budget, language was enacted to
continue the historic practice of using "instructional hours" in the day
but it did not address the number of "instructional days" in the year.

Despite both houses having included the language relating to "instruc-
tional days" in their one-house budgets this session - it was not
included in the final budget.

The proposed language clarifies that reimbursement may continue based on
both the number of days as well as the number of hours of instructional
time. By defining the days as those on which attendance is taken,
schools will be required to also include days (or the portion of days)
during which tests are being administered. The legislation is necessary
to avoid a reduction in reimbursement to nonpublic schools.

 
LEGISLATIVE HISTORY:

2017: S.6089 Veto # 236

 
STATE FISCAL IMPLICATIONS:

Up to $6 million if schools whose reimbursement was reduced in prior
years are permitted to return to using the instructional time standard.

 
LOCAL FISCAL IMPLICATIONS:

Will help keep school reimbursement from being reduced.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to apportionments
made after July 1, 2014.

2017-S7974 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7974
 
                             I N  S E N A T E
 
                              March 15, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education
 
 AN ACT to amend chapter 507 of the laws of 1974, relating  to  providing
   for the apportionment of state monies to certain nonpublic schools, to
   reimburse  them  for  their  expenses  in complying with certain state
   requirements for the administration of state  testing  and  evaluation
   programs  and for participation in state programs for the reporting of
   basic educational data, in relation to the  calculation  of  nonpublic
   schools' eligibility to receive aid
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of chapter 507 of the laws of 1974,  relating  to
 providing  for  the  apportionment  of state monies to certain nonpublic
 schools, to reimburse them for their expenses in complying with  certain
 state  requirements  for  the administration of state testing and evalu-
 ation programs and for participation in state programs for the reporting
 of basic educational data, as amended by section 17 of part YYY of chap-
 ter 59 of the laws of 2017, is amended to read as follows:
   § 3. Apportionment. a. The commissioner shall  annually  apportion  to
 each  qualifying  school,  for  school years beginning on and after July
 first, nineteen hundred seventy-four, an amount equal to the actual cost
 incurred by each such  school  during  the  preceding  school  year  for
 providing  services  required  by  law  to  be  rendered to the state in
 compliance  with  the  requirements  of  the  state's  pupil  evaluation
 program,  the  basic  educational data system, regents examinations, the
 statewide evaluation plan, the uniform procedure  for  pupil  attendance
 reporting,  the  state's  immunization  program  and other similar state
 prepared examinations and reporting procedures.
   b. SUCH NONPUBLIC SCHOOLS SHALL BE ELIGIBLE TO RECEIVE  AID  BASED  ON
 THE  NUMBER  OF DAYS OR PORTION OF DAYS ATTENDANCE IS TAKEN AND EITHER A
 5.0/5.5 HOUR STANDARD INSTRUCTIONAL DAY, OR ANOTHER WORK DAY  AS  CERTI-
 FIED  BY  THE NONPUBLIC SCHOOL OFFICIALS.  THE AVERAGE HOURLY RATE SHALL
 BE COMPUTED USING THE FOLLOWING METHODOLOGY: THE TOTAL SALARY AND  BENE-
 FITS OF THE INDIVIDUAL DIVIDED BY THE TOTAL NUMBER OF HOURS WORKED, WITH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14872-01-8

 S. 7974                             2
 
 THE  TOTAL NUMBER OF HOURS WORKED BEING THE TOTAL NUMBER OF DAYS CLAIMED
 MULTIPLIED BY THE TOTAL NUMBER OF HOURS CLAIMED PURSUANT TO THIS  SUBDI-
 VISION.
   C. The commissioner shall annually apportion to each qualifying school
 in  the  cities  of  New  York,  Buffalo and Rochester, for school years
 beginning on or after July first two thousand sixteen, an  amount  equal
 to  the  actual  cost  incurred by each such school during the preceding
 school year in meeting the recording and reporting requirements  of  the
 state  school  immunization program, provided that the state's liability
 shall be limited to the amount appropriated for this purpose.
   § 2. This act shall take effect immediately and shall apply to  appor-
 tionments made after July 1, 2014.

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Senate Bill S7974

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Archive: Last Bill Status - In Senate Committee Education Committee

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2017-S7974 (ACTIVE) - Details

2017-S7974 (ACTIVE) - Summary

2017-S7974 (ACTIVE) - Sponsor Memo

2017-S7974 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2017-S7974 (ACTIVE) - Details

2017-S7974 (ACTIVE) - Summary

2017-S7974 (ACTIVE) - Sponsor Memo

2017-S7974 (ACTIVE) - Bill Text download pdf

Comments