Authorizes payment of state aid by the commissioner of education for special education services for students with handicapping conditions for costs directly related to such services; provides that the results from savings should be given to school districts to be used to reduce school taxes.
TITLE OF BILL: An act to amend the education law, in relation to state aid for special education services for students with handicapping conditions
PURPOSE OR GENERAL IDEA OF BILL: To amend the education law, in relation to state aid for special education services for students with handicapping conditions.
SUMMARY OF SPECIFIC PROVISIONS: This legislation would alleviate the mandate of school districts to pay for special education. It will instead have payments made by the commissioner without apportionment, to the school districts and municipalities for these services. Any money due to the school districts and municipality would be reduced by the amount of Federal funding. The money saved by the school district would be directly applied to the reduction of school taxes.
JUSTIFICATION: This legislation would take the financial burden off the school district for the funding of special education.
PRIOR LEGISLATIVE HISTORY: 2009-10: S.5259 - Referred to Education A.3700 of 97-98, S.2753 of 2001-2002, S.3858 of 2003-2004, S.2242 of 2006-2007, S.2839 of 2008-2009
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3284 2011-2012 Regular Sessions IN SENATE February 15, 2011 ___________Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to state aid for special education services for students with handicapping conditions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 4411 to read as follows: S 4411. STATE AID FOR SPECIAL EDUCATION SERVICES FOR STUDENTS WITH HANDICAPPING CONDITIONS. 1. ON AND AFTER JULY FIRST, TWO THOUSAND ELEV- EN, THE COMMISSIONER SHALL MAKE PAYMENTS, WITHOUT APPORTIONMENT, TO SCHOOL DISTRICTS AND MUNICIPALITIES FOR SPECIAL EDUCATION SERVICES FOR STUDENTS WITH HANDICAPPING CONDITIONS. THE FULL AMOUNT OF COST DIRECTLY RELATED TO THE SPECIAL EDUCATION SERVICES RENDERED TO SUCH STUDENTS SHALL BE REIMBURSED, PROVIDED THAT ANY PLACEMENT OF SUCH STUDENTS WAS APPROVED BY THE COMMISSIONER. 2. ANY MONEYS DUE TO A MUNICIPALITY OR SCHOOL DISTRICT SHALL BE REDUCED BY THE AMOUNT OF ANY FEDERAL PARTICIPATION, PURSUANT TO TITLE XIX OF THE SOCIAL SECURITY ACT, IN SPECIAL EDUCATION PROGRAMS PROVIDED PURSUANT TO THIS ARTICLE. 3. WHENEVER THE STATE AID PROVIDED PURSUANT TO THIS SECTION CREATES A BUDGETARY SURPLUS FOR A SCHOOL DISTRICT OR MUNICIPALITY, SUCH SURPLUS SHALL BE UTILIZED SOLELY TO REDUCE TAXES FOR THE FOLLOWING FISCAL YEAR. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06446-01-1