S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5137
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A. BENEDETTO, COLTON, LUPARDO, DiPIETRO, BARRON,
   WALLACE, AUBRY, GRIFFIN -- read once and referred to the Committee  on
   Education
 
 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,  RECOMMEND  THAT, WHEN INTERIM RATES ARE ISSUED, SUCH
 RATES INCLUDE THE APPROVED TUITION REIMBURSEMENT GROWTH  RATE  FOR  EACH
 YEAR,  STARTING WITH THE YEAR USED TO FORM THE BASIS OF THE INTERIM RATE
 AND COMPOUNDED AT THE APPROVED GROWTH RATE FOR EACH SUBSEQUENT YEAR. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02642-02-1
              

 A. 5137                             2
 
   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, APPROVE
 THAT, WHEN INTERIM RATES ARE ISSUED, SUCH  RATES  INCLUDE  THE  APPROVED
 TUITION  REIMBURSEMENT GROWTH RATE FOR EACH YEAR, STARTING WITH THE YEAR
 USED TO FORM THE BASIS  OF  THE  INTERIM  RATE  AND  COMPOUNDED  AT  THE
 APPROVED GROWTH RATE FOR EACH SUBSEQUENT YEAR.
   § 2. This act shall take effect immediately.