S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8294--A
 
                             I N  S E N A T E
 
                              April 26, 2018
                                ___________
 
 Introduced  by  Sens.  MARCELLINO,  BRESLIN,  FUNKE,  GALLIVAN, HELMING,
   KENNEDY, RANZENHOFER, SEPULVEDA, SEWARD  --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Educa-
   tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to interim rates to reim-
   burse special education schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs a and c of subdivision 4 of section 4405 of  the
 education  law, paragraph a as amended by chapter 53 of the laws of 1990
 and paragraph c as amended by chapter  82  of  the  laws  of  1995,  are
 amended to read as follows:
   a.  The  commissioner  [of  education]  and the commissioner of social
 services shall develop reimbursement methodologies for the  tuition  and
 maintenance  components  of  approved  private  schools  and special act
 school districts. The commissioner [of education], in consultation  with
 the  appropriate state agencies and departments, shall have responsibil-
 ity for developing a reimbursement methodology for tuition  which  shall
 be  based upon appropriate educational standards promulgated pursuant to
 regulations of the commissioner [of  education].    NOTWITHSTANDING  ANY
 OTHER  PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMIS-
 SIONER SHALL, AS PART OF THE REIMBURSEMENT METHODOLOGY FOR  THE  TUITION
 APPROVAL  PROCESS, INCLUDE THE USE OF INTERIM PLUS RATES CONSISTING OF A
 CARRYFORWARD OF THE MOST RECENT CERTIFIED RATE ISSUED FOR THE TWO  THOU-
 SAND  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR OR THEREAFTER, PLUS AN
 AMOUNT REPRESENTING APPROVED GROWTH FOR SPECIAL ACT SCHOOL DISTRICTS  AS
 DEFINED IN SECTION FOUR THOUSAND ONE OF THIS ARTICLE, APPROVED PRESCHOOL
 SPECIAL EDUCATION PROGRAMS PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF
 THIS ARTICLE AND APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOLS
 FOR  THE  EDUCATION  OF  STUDENTS  WITH  DISABILITIES  INCLUDING PRIVATE
 SCHOOLS ESTABLISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE  LAWS
 OF NINETEEN HUNDRED SEVENTY-SIX PROVIDED THAT INTERIM PLUS TUITION RATES
 SHALL  ONLY  BE  ISSUED  WHERE THE CORRESPONDING PROGRAM OR SCHOOL IS IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15296-05-8

 S. 8294--A                          2
 
 COMPLIANCE WITH THE FISCAL REPORTING  REQUIREMENTS  PROMULGATED  BY  THE
 COMMISSIONER.  The commissioner of social services, in consultation with
 appropriate state agencies and departments,  shall  have  responsibility
 for  developing a reimbursement methodology for maintenance, pursuant to
 section three hundred ninety-eight-a of the social services law and  the
 regulations promulgated thereunder.
   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.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGU-
 LATION TO THE CONTRARY, THE DIRECTOR OF THE BUDGET SHALL, AS PART OF THE
 REIMBURSEMENT  METHODOLOGY FOR THE TUITION APPROVAL PROCESS, INCLUDE THE
 USE OF INTERIM PLUS RATES CONSISTING  OF  A  CARRYFORWARD  OF  THE  MOST
 RECENT CERTIFIED RATE ISSUED FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND
 FOURTEEN SCHOOL YEAR OR THEREAFTER, PLUS AN AMOUNT REPRESENTING APPROVED
 GROWTH FOR SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION FOUR THOU-
 SAND  ONE OF THIS ARTICLE, APPROVED PRESCHOOL SPECIAL EDUCATION PROGRAMS
 PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTICLE AND  APPROVED
 PRIVATE  RESIDENTIAL  OR  NON-RESIDENTIAL  SCHOOLS  FOR THE EDUCATION OF
 STUDENTS WITH DISABILITIES INCLUDING PRIVATE SCHOOLS  ESTABLISHED  UNDER
 CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED SEVEN-
 TY-SIX  PROVIDED  THAT  INTERIM  PLUS TUITION RATES SHALL ONLY BE ISSUED
 WHERE THE CORRESPONDING PROGRAM OR SCHOOL  IS  IN  COMPLIANCE  WITH  THE
 FISCAL REPORTING REQUIREMENTS PROMULGATED BY THE COMMISSIONER.
   § 2. This act shall take effect immediately.