S3343-2013 Actions

• Feb 1, 2013: REFERRED TO EDUCATION

S3343-2013 Memo

BILL NUMBER:S3343

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: 8.5259 -  Referred  to  Education
A.3700  of  97-98,  S2783 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.

S3343-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3343
 2013-2014 Regular Sessions
 I N  SENATE
 February 1, 2013
 
 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  THIR
 TEEN,  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.
 LBD06423-01-3

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