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A00343 Summary:

BILL NOA00343
 
SAME ASNo Same As
 
SPONSORAbinanti
 
COSPNSR
 
MLTSPNSR
 
Amd 3602, Ed L
 
Phases in over five years full state funding of school district costs for school age children receiving special education programs and services; requires school districts to reduce their real property tax levy in an amount equal to the increase in state assistance.
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A00343 Actions:

BILL NOA00343
 
01/09/2019referred to education
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A00343 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A343
 
SPONSOR: Abinanti
  TITLE OF BILL: An act to amend the education law, in relation to state assistance to school districts for each school age child receiving special education programs and services   PURPOSE OR GENERAL IDEA OF BILL: To provide the state-wide assumption of special education costs for school age children receiving special education programs and services and to reduce real property taxes.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill is the legislative findings and purpose. Section 2 amends education law section 3602 by adding a new subdivision 21 to: 1. provide a special supplemental apportionment to schools to cover the costs for school age children receiving special education services beginning July 1, 2020 and to phase-in over five years the assumption by the state of all special education service costs; 2. require school districts to apply the increments in apportionments received under this act to reducing their tax levy from real property taxes and to certify to the commissioner that the reduction to real property taxes has been made as required in this subdivision; 3. require the legislature to annually appropriate funds sufficient to support the payments to school districts required. Section 3 is the effective date.   JUSTIFICATION: The costs to school districts and indirectly to real property taxpayers for providing special education programs and services is increasingly a burden making the essential education mission more difficult to carry out. Moreover, special education is a health based service and should more appropriately be borne by the state government. The purpose of this act is to phase-in over five years the assumption by the state of the costs to school districts for each child receiving special education programs and services and to provide that school property taxes be reduced.   PRIOR LEGISLATIVE HISTORY: 2017/18: A500 referred to education; 2015/16: A433 referred to education; 2013/14: A3551A referred to education; same as S6491 referred to educa- tion; 2011/12: A.2115; 2009/10: A.2172; 2007/08: A.1322; 2005/06: A.975; 2003/C4: A.409; 2001/02: A.3150; 1999/00: A.2075; 1997/98: A.3576-A; 1995/96: A.9582   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect immediately.
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A00343 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           343
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Education
 
        AN  ACT  to  amend the education law, in relation to state assistance to
          school districts for each school age child receiving special education
          programs and services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  findings  and purpose. The legislature finds
     2  that the costs to school districts and, indirectly, to real property tax
     3  payers for providing special education programs and services is increas-
     4  ingly a burden making the essential educational mission  more  difficult
     5  to  carry out. The legislature further finds that special education is a
     6  health based service and should more appropriately be borne by the state
     7  government. Therefore, it is the purpose of this act  to  phase-in  over
     8  five  years the assumption by the state of the costs to school districts
     9  for each child receiving special education programs and services and  to
    10  provide that school property taxes be reduced accordingly.
    11    §  2.  Section  3602  of  the education law is amended by adding a new
    12  subdivision 21 to read as follows:
    13    21. Special supplemental apportionment for school age children receiv-
    14  ing special education programs  and  services.  a.  Notwithstanding  any
    15  other  provision  of  law  to  the  contrary, each school district shall
    16  receive a special supplemental apportionment  for  school  age  children
    17  receiving  special education programs and services beginning July first,
    18  two thousand twenty and thereafter as provided herein. As used  in  this
    19  subdivision, the base year apportionment shall be the amount payable for
    20  each  school district's claims for school age children receiving special
    21  education programs and services  for  the  school  year  beginning  July
    22  first,  two thousand nineteen. For the school year beginning July first,
    23  two thousand twenty, each school district shall receive their base  year
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04400-01-9

        A. 343                              2
 
     1  apportionment  plus  not  less  than  twenty  percent  of the difference
     2  between such apportionment and its  total  cost  for  special  education
     3  programs.  For  the school year beginning July first, two thousand twen-
     4  ty-one, each school district shall receive their base year apportionment
     5  plus  not  less than forty percent of the difference between such appor-
     6  tionment and its total cost for  special  education  programs.  For  the
     7  school  year  beginning July first, two thousand twenty-two, each school
     8  district shall receive their base year apportionment plus not less  than
     9  sixty percent of the difference between such apportionment and its total
    10  cost  for special education programs. For the school year beginning July
    11  first, two thousand twenty-three, each  school  district  shall  receive
    12  their  base  year apportionment plus not less than eighty percent of the
    13  difference between such apportionment and its  total  cost  for  special
    14  education  programs. For the school year beginning July first, two thou-
    15  sand twenty-four and thereafter, each school district receives an appor-
    16  tionment equal to its total cost for special education programs.
    17    b. School  districts  shall  apply  the  increments  in  apportionment
    18  received  pursuant  to  this subdivision to reducing their tax levy from
    19  real property taxes. For each taxable year after the special  apportion-
    20  ments  commence,  each school district shall certify to the commissioner
    21  that it has made the reduction to its real property tax levy as required
    22  by this paragraph.
    23    c. The legislature shall annually appropriate  an  amount  within  the
    24  appropriation  for  general  support  for  public  schools sufficient to
    25  support all aid payments incurred pursuant to paragraph a of this subdi-
    26  vision.
    27    § 3. This act shall take effect immediately.
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