BILL NUMBER: S6000

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act in relation to providing that certain schools shall experience no
financial harm for reduced enrollment due to the outbreak of coronavirus
disease 2019 (COVID-19)

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill ensures that certain schools serving students with disabili-
ties experience no financial harm for reduced enrollment due to the
outbreak of coronavirus disease 2019 (COVID-19).

 
SUMMARY OF PROVISIONS:

Section 1 provides that if as a result of the state emergency executed
in Executive Order No. 202 on March 7, 2020, approved private schools
serving students with disabilities subject to articles 81 and 89 of the
education law, special act school districts, state supported schools
              

pursuant to article 85 of the education law, and approved preschool
special class and special class in an integrated setting programs pursu-
ant to section 4410 of the education law experience a reduction in
enrollment during the 2020-2021 school year, the per diem and/or tuition
rate shall be administratively adjusted by the state education depart-
ment, with no approval required by the division of budget, so that such
schools experience no financial harm for reduced enrollment.

Section 2 is the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic has upended the delivery of educational instruc-
tion and services to all students resulting in in-person instruction,
remote instruction or a combination thereof, with regular changes in the
mode of instruction depending on the impacts of the virus at schools.

The ability to provide instruction and other services to students with
disabilities enrolled in special education schools has been even more
challenging, resulting in decreased enrollment for many of these
schools. This is due to a variety of reasons, including the challenges
associated with providing housing during the pandemic for the many
students that have residential placements. While the housing is provided
by the agencies associated with the special education schools, if the
pandemic requires the closing of residences to protect student and staff
this often impacts the school's enrollment.  Some of these students may
not be able to receive remote instruction resulting in an enrollment
reduction for these special education schools. In addition,

many of these schools have experienced reduced enrollment due to
concerns of schools, agencies and parents that place these students and
have chosen not to place students in a residential setting.  The
students placed in these programs have significant special needs that
cannot be appropriately addressed in a traditional public-school
setting. It is critical to ensure that these non-traditional schools
that serve students with disabilities be able to continue providing
these critical educational and related critical services for their
students during the pandemic and those that will be placed when the
pandemic is under control. These schools have struggled financially
before the pandemic due to the complicated funding formula for these
schools. They should not be further financially harmed by losing funding
due to decreased enrollment during the pandemic. This bill will the per
diem and/or tuition rate to be administratively adjusted to ensure
necessary continued funding for these special education schools during
the COVID-19 state of emergency for the 2020-21 school year so they can
continue to serve these students with special needs.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately