S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4156
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2023
                                ___________
 
 Introduced  by M. of A. RA -- 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. Subdivision 2 of section 4003  of  the  education  law,  as
 amended  by  chapter  947  of  the  laws  of 1981, is amended to read as
 follows:
   2. The director of the budget, in consultation with  the  commissioner
 [of education], the commissioner of social services, the commissioner of
 health, the commissioner of mental health, and any other state agency or
 other source he OR SHE may deem appropriate, shall approve reimbursement
 methodologies  for tuition and maintenance. Any modification in any such
 methodology which has previously been approved shall be subject  to  the
 approval  of  the director of the budget. TUITION AND/OR FEE FOR SERVICE
 RATES APPROVED FOR THE TWO THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-
 FIVE  SCHOOL  YEAR  AND  THEREAFTER  FOR  SPECIAL  SERVICES  OR PROGRAMS
 PROVIDED TO SCHOOL-AGE  STUDENTS  BY  APPROVED  PRIVATE  RESIDENTIAL  OR
 NONRESIDENTIAL  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  TITLE,  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 TITLE INCLUDING, BUT NOT LIMITED
 TO, SPECIAL CLASS AND SPECIAL CLASS IN AN INTEGRATED  SETTING  PROGRAMS,
 MULTI-DISCIPLINARY  EVALUATION  PROGRAMS,  SPECIAL  EDUCATION  ITINERANT
 SERVICES, AND PRESCHOOL TRANSPORTATION SERVICES FOR WHICH TUITION AND/OR
 FEE FOR SERVICE RATES ARE DETERMINED, SHALL GROW BY A  PERCENTAGE  EQUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08886-01-3
              

 A. 4156                             2
 
 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 IS COMPUTED BASED ON AN ELEC-
 TRONIC  FILING DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER FOR THE
 CURRENT YEAR, LESS ONE; OR (II) ZERO.
   § 2. Paragraph c of subdivision 4 of section  4405  of  the  education
 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 FEE FOR SERVICE RATES APPROVED FOR THE  TWO
 THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFT-
 ER  FOR  SPECIAL SERVICES OR PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS BY
 APPROVED PRIVATE RESIDENTIAL OR NONRESIDENTIAL 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 INTEGRATED SETTING PROGRAMS,  MULTI-DISCIPLINARY  EVALUATION
 PROGRAMS,  SPECIAL EDUCATION ITINERANT SERVICES, AND PRESCHOOL TRANSPOR-
 TATION SERVICES FOR WHICH TUITION  AND/OR  FEE  FOR  SERVICE  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 APPOR-
 TIONMENTS FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS, AS DEFINED IN SUBDIVI-
 SION 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 IS COMPUTED BASED ON AN ELECTRONIC FILING DATA FILE USED  TO
 PRODUCE  THE SCHOOL AID COMPUTER FOR THE CURRENT YEAR, LESS ONE; OR (II)
 ZERO.
   § 3. This act shall take effect immediately.