S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2531
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2025
                                ___________
 
 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] THE DIRECTOR OF THE BUDGET 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-FIVE-
 -TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND THEREAFTER FOR SPECIAL SERVICES
 OR PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS BY APPROVED PRIVATE RESIDEN-
 TIAL  OR NONRESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISA-
 BILITIES THAT ARE LOCATED  WITHIN  THE  STATE,  BY  SPECIAL  ACT  SCHOOL
 DISTRICTS,  AND  BY JULY AND AUGUST PROGRAMS FOR STUDENTS WITH DISABILI-
 TIES 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05740-01-5
              

 A. 2531                             2
 
 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 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.
   § 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-FIVE--TWO THOUSAND TWENTY-SIX 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  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.