NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2413
SPONSOR: Ra TITLE OF BILL:
An act to amend the education law, in relation to the approval of
reimbursement methodologies for tuition and maintenance
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require the Commissioner of Educa-
tion to set tuition rates for Special Act Public School Districts and
853 Schools based on the same annual percentage rate increase provided
for general support for public schools (school aid).
SUMMARY OF PROVISIONS:
Amends chapter 82 of the laws of 1995, by,adding new language to para-
graph c of subdivision 4 of section 4405 of education law.
JUSTIFICATION:
Within the New York State education system, a variety of programs exist
for children depending on their specific needs. Some students might be
able to attend the local public school while others, due to their needs,
attend a Special Act School. Special Act Public School Districts and 853
Schools provide education to students with disabilities and students at
risk. These schools operate similarly to public school districts but
lack the ability to receive State-aid and levy taxes. They receive
tuition funding from local school districts and county departments of
social services. These schools should receive the same increase as
general public schools each year because all children, no matter their
disability, should be receiving the same funding for their education.
PRIOR LEGISLATIVE HISTORY:
A.3118 (2023-2024) - referred to Education
A.4451 (2021-2022) -held for consideration in Education
A.4130 (2019-2020) - held for consideration in Education
A.5855 (2017-2018) - held for consideration in Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2413
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. RA, SLATER -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to the approval of
reimbursement methodologies for tuition and maintenance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph c of subdivision 4 of section 4405 of the educa-
2 tion law, as amended by chapter 82 of the laws of 1995, is amended to
3 read as follows:
4 c. The director of the budget, in consultation with the commissioner
5 of education, the commissioner of social services, and any other state
6 agency or other source the director may deem appropriate, shall approve
7 reimbursement methodologies for tuition and for maintenance. Any modifi-
8 cation in the approved reimbursement methodologies shall be subject to
9 the approval of the director of the budget. [Notwithstanding any other
10 provision of law, rule or regulation to the contrary, tuition rates
11 established for the nineteen hundred ninety-five--ninety-six school year
12 shall exclude the two percent cost of living adjustment authorized in
13 rates established for the nineteen hundred ninety-four--ninety-five
14 school year] Tuition rates approved for the two thousand twenty-five--
15 two thousand twenty-six school year and thereafter for special services
16 or programs provided to school-age students by approved private residen-
17 tial or non-residential schools for the education of students with disa-
18 bilities that are located within the state and by special act school
19 districts shall grow by a percentage equal to the general support for
20 public schools appropriation provided to schools.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05677-01-5
