S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8013
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2021
                                ___________
 
 Introduced  by  M. of A. BENEDETTO -- (at request of the State Education
   Department) -- read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to  providing  an  annual
   growth amount for tuition and regional rate reimbursement for approved
   school-age and preschool special education programs

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph c of subdivision 4 of section 4405 of the  educa-
 tion  law,  as  amended by chapter 82 of the laws of 1995, is amended to
 read as follows:
   c. The director of the budget, in consultation with  the  commissioner
 [of education], the commissioner of social services, and any other state
 agency  or other source the director may deem appropriate, shall approve
 reimbursement methodologies for tuition and for maintenance. Any modifi-
 cation in the approved reimbursement methodologies shall be  subject  to
 the  approval  of the director of the budget. [Notwithstanding any other
 provision of law, rule or regulation  to  the  contrary,  tuition  rates
 established for the nineteen hundred ninety-five--ninety-six school year
 shall  exclude  the  two percent cost of living adjustment authorized in
 rates established  for  the  nineteen  hundred  ninety-four--ninety-five
 school  year.]  TUITION AND/OR REGIONAL RATES APPROVED FOR THE TWO THOU-
 SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER  FOR
 SPECIAL SERVICES OR PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS BY APPROVED
 PRIVATE  RESIDENTIAL  OR  NON-RESIDENTIAL  SCHOOLS  FOR THE EDUCATION OF
 STUDENTS WITH DISABILITIES THAT ARE LOCATED WITHIN THE STATE, BY SPECIAL
 ACT SCHOOL DISTRICTS, AND BY JULY AND AUGUST PROGRAMS FOR STUDENTS  WITH
 DISABILITIES  APPROVED  PURSUANT  TO SECTION FORTY-FOUR HUNDRED EIGHT OF
 THIS ARTICLE, AND FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO PRESCHOOL
 STUDENTS  BY  PROGRAMS  SERVING  PRESCHOOL  STUDENTS  WITH  DISABILITIES
 APPROVED  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TEN OF THIS ARTICLE
 INCLUDING, BUT NOT LIMITED TO, SPECIAL CLASS AND  SPECIAL  CLASS  IN  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08508-04-1

 A. 8013                             2
 
 INTEGRATED  SETTING  PROGRAMS,  MULTI-DISCIPLINARY  EVALUATION PROGRAMS,
 SPECIAL  EDUCATION  ITINERANT  SERVICES,  AND  PRESCHOOL  TRANSPORTATION
 SERVICES  FOR  WHICH TUITION AND/OR REGIONAL RATES ARE DETERMINED, SHALL
 GROW BY A PERCENTAGE EQUAL TO THE GREATER OF:  (I) THE DIFFERENCE OF THE
 QUOTIENT  ARRIVED  AT  WHEN  DIVIDING  THE  STATEWIDE APPORTIONMENTS FOR
 GENERAL SUPPORT FOR PUBLIC SCHOOLS, AS DEFINED  IN  SUBDIVISION  ONE  OF
 SECTION  THIRTY-SIX HUNDRED NINE-A OF THIS CHAPTER, FOR THE CURRENT YEAR
 BY SUCH APPORTIONMENTS FOR THE BASE YEAR, AS SUCH TERMS ARE  DEFINED  IN
 SUBDIVISION  ONE  OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, AS
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
 BUDGET FOR THE CURRENT YEAR, LESS ONE; OR (II) ZERO.
   § 2. This act shall take effect immediately.