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A08013 Summary:

BILL NOA08013
 
SAME ASSAME AS S06516-A
 
SPONSORBenedetto
 
COSPNSRSimon, Wallace, Fall, McMahon, Lunsford, Stirpe, Griffin, Otis, Sayegh, Walsh, Fahy, Seawright, Rosenthal L, Gonzalez-Rojas, Miller M, Byrnes, Galef, Weinstein, Reyes, Kelles
 
MLTSPNSRDickens
 
Amd §4405, Ed L
 
Creates the calculation by which to determine yearly tuition and regional rate reimbursement for approved school-age and preschool special education programs.
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A08013 Actions:

BILL NOA08013
 
06/04/2021referred to education
06/07/2021reported referred to ways and means
06/10/2021reported referred to rules
06/10/2021reported
06/10/2021rules report cal.783
06/10/2021substituted by s6516a
 S06516 AMEND=A MANNION
 05/04/2021REFERRED TO DISABILITIES
 06/03/2021AMEND AND RECOMMIT TO DISABILITIES
 06/03/2021PRINT NUMBER 6516A
 06/08/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/08/2021ORDERED TO THIRD READING CAL.1654
 06/09/2021PASSED SENATE
 06/09/2021DELIVERED TO ASSEMBLY
 06/09/2021referred to ways and means
 06/10/2021substituted for a8013
 06/10/2021ordered to third reading rules cal.783
 06/10/2021passed assembly
 06/10/2021returned to senate
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A08013 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8013
 
SPONSOR: Benedetto
  TITLE OF BILL: 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   PURPOSE OF THE BILL: The proposed legislation would provide an annual growth amount, corre- lating growth in total state funding for general support for public schools, in the tuition and regional rate reimbursement for school age programs operated by in-state approved private schools for the education of students with disabilities, by special act school districts, and by approved July and August programs for students with disabilities; and for approved preschool special education programs.   SUMMARY OF THE PROVISIONS OF THE BILL: Section 1 of the bill amends paragraph c of subdivision 4 of section 4405 of the education law to provide that for the 2021-22 school year and thereafter, annual tuition and/or regional rates for school age programs operated by in-state approved private residential or non-resi- dential schools for the education of students with disabilities, by special act school districts, and by approved July and August programs for students with disabilities, and for approved preschool special education programs including, but not limited to, special class programs, special class in an integrated setting programs (SCIS), preschool multi-disciplinary evaluation programs (MDE), special educa- tion itinerant services (SEIS), and preschool transportation services 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 the Education Law 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 computed based on an electronic data file used to produce the school aid computer listing produced by the commissioner of education in support of the enacted budget for the current year, less one; or (ii) zero. Section 2 of the bill is the effective date.   STATEMENT IN SUPPORT OF THE BILL: Tuition and regional rate reimbursement for approved providers of special education programs and services is established by the New York State Education Department (Department) and approved by the Division of the Budget (DOB). The Department establishes annual tuition rates for over 1,000 approved special education programs at approved private schools, public schools, special act school districts, and BOCES and regional rates for NIDE, SETS, 1:1 teacher aide, 1:1 nurse, 1:1 inter- preter, and preschool transportation services. Annual tuition rates for special class and SCIS programs are established using a rate system that is based on actual provider historical cost and enrollment data, with a trend factor applied. The tuition rate methodology for special class and SCIS programs includes funding containment parameters to restrict fund- ing for executive compensation, limit reimbursement for facility and administrative expenses (it is expected that at least 70 percent of each reimbursable dollar will be spent on direct care services to students) and contain rates to a percentage increase from a previous year's rate. In instances where the funding containment measures place a hardship on a provider's ability to deliver mandated services and/or remain fiscally viable, a provider may submit a tuition rate appeal or waiver request with the Department to consider a tuition rate adjustment. In recent years, regional rates for MDE, SEIS, 1:1 teacher aide, and preschool transportation services have been calculated based on the prior's years rate plus any applicable approved percentage increase. In recent years, the volume of tuition rate appeals and waivers have increased at an unsustainable rate, the result of which is funding delays to the providers, which hinders the provider's ability to budget for their operations and make sound fiscal decisions. The Department, DOB, approved providers, and other stakeholders have been discussing issues with the current special education tuition and regional rate setting methodology and possible alternatives to the current methodology that would enable tuition and regional rates to be more flexible with programmatic needs and issued in a timely manner, which would allow providers to better manage their programs. While several administrative tuition and regional methodology reforms have been adopted in recent years that have provided some rate relief, tuition rate appeals continue to be sought at an unsustainable volume. Creating a statutory index to provide an annual funding increase commen- surate with the growth in the general support for public schools would help address the financial stability for approved school-age and preschool programs serving students with disabilities to enable them to better provide mandated services to the students they serve. This meas- ure. would establish predicable tuition and regional rate increases and allow for improved budget planning.' While in recent years the tuition growth for school-age providers has mirrored the growth in general support for public schools, the tuition growth for preschool providers of special class and SCIS programs, and the 1:1 teacher aide and preschool transportation services regional rates have been held at 2.0% annually. In 2019-20, SETS regional rates received a 2.0% increase with MDE rates remaining fiat since 2011-12. This legislation would ensure funding parity in tuition and regional rate reimbursement for the provision of free appropriate public education to preschool and school- age students with disabilities.   BUDGETARY IMPLICATIONS OF THE BILL: Linking the 2021-22 school year tuition growth rate for Special Adt School Districts, Approved Private Schools Serving Students with Disa- bilities (853 Schools), Extended School Year Programs operated by school districts and BOCES, and the rates for school-age 1:1 teacher aides, to the 7% growth in general support for public schools for the 2021-22 school year is projected to cost approximately $72.7 million ($45.7 million state, $24 9 million school districts, and $21 million counties) for the 2021-22 school year. Linking the 2021-22 school year tuition growth rate for preschool special class programs, SCIS, and regional rates for preschool SEIS, 1:1 teacher' aide, and transportation services to the 7% growth in general support for public schools for the 2021-22 school year is projected to cost approximately $88.2 million ($52 5 million state, $35.7 million counties) for the 2021-22 school year.   PRIOR LEGISLATIVE HISTORY: This is a new bill. However, bills containing similar provisions were previously introduced in 2014, 2015, 2016, and 2017. Specifically, in 2014, the similar bill was introduced by the Senate as 5.7638, was referred to the Education Committee and no further action was taken. It was also introduced by the Assembly as A.9767 and was reported from the Education Committee and referred to the Ways and Means Committee and no further action was taken. In 2015 and 2016, the similar bill was intro- duced in the Senate and Assembly (S.7916 Flanagan/A.5061-A Nolan) and remained in the Education Committees of both houses. In 2017, the simi- lar bill was introduced in the Senate and Assembly (S.5246-A Marcellino/A.6514-A Nolan) and passed the Assembly but remained in the Senate Education Committee.   EFFECTIVE DATE: This act would take effect immediately.
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A08013 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8013
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 4, 2021
                                       ___________
 
        Introduced  by  M. of A. BENEDETTO -- (at request of the State Education
          Department) -- 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:
 
     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 and/or regional rates approved for the two thou-
    15  sand twenty-one--two thousand twenty-two school year and thereafter  for
    16  special services or programs provided to school-age students by approved
    17  private  residential  or  non-residential  schools  for the education of
    18  students with disabilities that are located within the state, by special
    19  act school districts, and by July and August programs for students  with
    20  disabilities  approved  pursuant  to section forty-four hundred eight of
    21  this article, and for special services or programs provided to preschool
    22  students  by  programs  serving  preschool  students  with  disabilities
    23  approved  pursuant  to  section  forty-four  hundred ten of this article
    24  including, but not limited to, special class and  special  class  in  an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08508-04-1

        A. 8013                             2
 
     1  integrated  setting  programs,  multi-disciplinary  evaluation programs,
     2  special  education  itinerant  services,  and  preschool  transportation
     3  services  for  which tuition and/or regional rates are determined, shall
     4  grow by a percentage equal to the greater of:  (i) the difference of the
     5  quotient  arrived  at  when  dividing  the  statewide apportionments for
     6  general support for public schools, as defined  in  subdivision  one  of
     7  section  thirty-six hundred nine-a of this chapter, for the current year
     8  by such apportionments for the base year, as such terms are  defined  in
     9  subdivision  one  of  section thirty-six hundred two of this chapter, as
    10  computed based on an electronic data file used to produce the school aid
    11  computer listing produced by the commissioner in support of the  enacted
    12  budget for the current year, less one; or (ii) zero.
    13    § 2. This act shall take effect immediately.
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