§ 3609-b. Moneys apportioned for students with disabilities, when and
how payable. Moneys apportioned to school districts for the excess cost
aid setaside pursuant to subdivision four of section thirty-six hundred
two of this article and the apportionments for students with
disabilities due in accordance with the provisions of subdivisions five
and five-a of section thirty-six hundred two of this article and section
forty-four hundred five of this chapter, shall be paid to or on behalf
of school districts in accordance with the provisions of this section,
provided, however, that payments made to or on behalf of any school
district pursuant to this section shall be adjusted subsequent to the
filing, in an acceptable manner, of aid claim forms prescribed by the
commissioner.

For aid payable in the two thousand seven--two thousand eight school
year and thereafter, "moneys apportioned" shall mean the sum of; (i) the
lesser of (A) one hundred percent of the respective amount set forth for
each school district as payable pursuant to this section in the school
aid computer listing for the current year, as defined in the opening
paragraph of section thirty-six hundred nine-a of this article, or (B)
the apportionment calculated by the commissioner for the current year
based on data on file at the time the payment is processed plus (ii) the
excess cost aid setaside computed pursuant to subdivision four of
section thirty-six hundred two of this article, based on data utilized
in producing such school aid listing for the current year. The
definitions "base year" and "current year" as set forth in subdivision
one of section thirty-six hundred two of this article shall apply to
this section.

1. Assignment of certain moneys. a. Any moneys to be apportioned by
the commissioner to school districts during the school year pursuant to
this section for services provided on or before June thirtieth, two
thousand nine that were reimbursed by the state on or before April
first, two thousand eleven shall, in the first instance, be designated
as the state share of moneys due a school district pursuant to title XIX
of the social security act, on account of school supportive health
services provided to students with disabilities in special education
programs pursuant to article eighty-nine of this chapter and to those
pupils who are qualified handicapped persons as defined in the federal
rehabilitation act of nineteen hundred seventy-three, as amended. Some
or all of such state share may be assigned on behalf of school districts
to the department of health, as provided herein; any remaining state
share moneys shall be paid to school districts on the same schedule as
the federal share of such title XIX payments and shall be based on the
monthly report of the commissioner of health to the commissioner; and
any remaining moneys to be apportioned to a school district pursuant to
this section shall be paid in accordance with the provisions of
subdivision two of this section. The amount to be assigned to the
department of health, as determined by the commissioner of health, for
any school district shall not exceed the federal share of any moneys due
such school district pursuant to title XIX. Moneys designated as state
share moneys shall be paid to such school districts based on the
submission and approval of claims related to such school supportive
health services, in the manner provided by law.

a-1. Any moneys to be apportioned by the commissioner to school
districts during the school year pursuant to this section for services
provided during the two thousand nine--two thousand ten school year and
thereafter, or for services provided in a prior school year that were
not reimbursed by the state on or before April first, two thousand
eleven, shall, in the first instance, be designated as the state share
of moneys due a school district pursuant to title XIX of the social
security act, on account of school supportive health services provided
to students with disabilities in special education programs pursuant to
article eighty-nine of this chapter and to those pupils who are
qualified handicapped persons as defined in the federal rehabilitation
act of nineteen hundred seventy-three, as amended. Such state share
shall be assigned on behalf of school districts to the department of
health, as provided herein; the amount designated as such nonfederal
share shall be transferred by the commissioner to the department of
health based on the monthly report of the commissioner of health to the
commissioner; and any remaining moneys to be apportioned to a school
district pursuant to this section shall be paid in accordance with the
provisions of subdivision two of this section. The amount to be assigned
to the department of health, as determined by the commissioner of
health, for any school district shall not exceed the federal share of
any moneys due such school district pursuant to title XIX. Moneys
designated as state share moneys shall be paid to such school districts
by the department of health based on the submission and approval of
claims related to such school supportive health services, in the manner
provided by law.

b. Any moneys remaining to be apportioned to a school district
pursuant to this section shall, in the second instance, be used to
reimburse the commissioner for any moneys due from a school district
found to be financially responsible, in accordance with the provisions
of paragraph e of subdivision four of section thirty-two hundred two of
this chapter, for the cost of instruction of a student with a disability
placed by a local social services district or other state department or
agency in a family home at board that receives program support from a
child care institution affiliated with a special act school district
which is located in another school district which contracts for the
education of such student, upon the recommendation of its committee on
special education, for the instruction of such student pursuant to
paragraph c, d, e or f of subdivision two of section forty-four hundred
one of this chapter or for a nonresidential placement pursuant to
paragraph one of such subdivision. In the event that a district owes
more than the moneys remaining to be apportioned to the district
pursuant to this section, the commissioner shall withhold such excess
from any other moneys due the district.

2. Payments to school districts. a. The moneys apportioned by the
commissioner to school districts in accordance with the provisions of
subdivisions five and five-a of section thirty-six hundred two of this
article and section forty-four hundred five of this chapter and the
moneys apportioned to school districts for the excess cost aid setaside
pursuant to subdivision four of section thirty-six hundred two of this
article, during the school year and remaining due after deductions are
made for the purposes of subdivision one of this section, shall be
payable, for the two thousand seven--two thousand eight school year and
thereafter in accordance with the following schedule:

(1) December payment. On or before December fifteenth, a portion shall
be paid equal to the positive remainder of twenty-five percent of the
moneys apportioned less any payments made pursuant to paragraph a of
subdivision one of this section for the current year.

(2) March payment. On or before March fifteenth, a portion shall be
paid equal to the positive remainder of seventy percent of the moneys
apportioned less any payments made pursuant to paragraph a of
subdivision one of this section and subparagraph one of this paragraph
for the current year.

(3) June payment. On or before June fifteenth, a portion shall be paid
equal to the positive remainder of eighty-five percent of the moneys
apportioned less any payments made pursuant to paragraph a of
subdivision one of this section and subparagraphs one and two of this
paragraph for the current year.

(4) August payment. To the extent that any moneys are owed to a school
district pursuant to this section, a portion shall be paid on or before
August fifteenth equal to the positive remainder of one hundred percent
of the moneys apportioned less any payments made pursuant to paragraph a
of subdivision one of this section and subparagraphs one, two and three
of this paragraph for the current year.

(5) Deferred September payment. Any amount payable to a school
district pursuant to this section which exceeded one hundred percent of
the respective amount set forth for such district as payable pursuant to
this section in the school aid computer listing for the current school
year shall be designated for payment for the month of September next
following the close of the current school year. Such payments shall be
made on the first state business day of the month of September, based on
data on file as of August first; provided however, that for the
September two thousand six payment such calculation shall be based on
the computer listing for the current year using data on file as of
August first.

b. Such moneys shall be payable to the treasurer of each city school
district, and the treasurer of each union free school district and of
each central school district and of each other school district, if there
be a treasurer, otherwise to the collector or other disbursing officer
of such district or board of cooperative educational services, who shall
apply for and receive the same as soon as payable. In the case of city
school districts of cities with one hundred twenty-five thousand
inhabitants or more, any payment which pursuant to this section is
required to be made to the treasurer of the city school district, shall
be made to the city treasurer or chamberlain.

3. Due minimum supplemental apportionment. Notwithstanding any
inconsistent provisions of subdivisions five and five-a of section
thirty-six hundred two of this article and section forty-four hundred
five of this chapter, for the two thousand seven--two thousand eight
school year and thereafter, the due minimum supplemental apportionment
shall equal the positive remainder resulting when the sum of the
apportionments due a school district pursuant to such subdivisions five
and five-a and such section forty-four hundred five for any school year
and, the moneys apportioned for the excess cost aid setaside pursuant to
subdivision four of section thirty-six hundred two of this article, is
subtracted from the amount designated as the state share of moneys due a
school district pursuant to title XIX of the social security act, on
account of school supportive health services provided to pupils with
disabilities in special education programs pursuant to article
eighty-nine of this chapter as determined in accordance with the
provisions of subdivision one of this section. Any additional
apportionment pursuant to this subdivision shall be computed and
recomputed by the commissioner in the normal course of auditing school
district claims for aid.

4. In addition to any other payments due a district pursuant to this
section, the commissioner shall also reimburse districts for any amounts
due in accordance with the provisions of paragraph e of subdivision four
of section thirty-two hundred two of this chapter as follows:

a. thirty-five percent of any amounts due shall be payable on or
before December fifteenth;

b. seventy percent of any amounts due, minus any payment made pursuant
to paragraph a of this subdivision, shall be payable on or before March
fifteenth; and

c. any remaining amount due shall be payable on or before June
fifteenth.