Bill S6491-2013

Provides special supplemental apportionment for school age children receiving special education programs and services

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.

Details

Actions

  • Jan 29, 2014: REFERRED TO EDUCATION

Memo

BILL NUMBER:S6491

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 special supplemental apportionment for school age children receiving special education programs and services.

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, 2014 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 form real property taxes and to certify to the commissioner that the reduction to real property taxes have 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 to provide that school property taxes be reduced.

PRIOR LEGISLATIVE HISTORY: None in Senate

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 6491 IN SENATE January 29, 2014 ___________
Introduced by Sen. TKACZYK -- 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 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: Section 1. Legislative findings and purpose. The legislature finds that the costs to school districts and, indirectly, to real property tax payers for providing special education programs and services is increas- ingly a burden making the essential educational mission more difficult to carry out. The legislature further finds that special education is a health based service and should more appropriately be borne by the state government. Therefore, it is the purpose of this act 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 accordingly. S 2. Section 3602 of the education law is amended by adding a new subdivision 21 to read as follows: 21. SPECIAL SUPPLEMENTAL APPORTIONMENT FOR SCHOOL AGE CHILDREN RECEIV- ING SPECIAL EDUCATION PROGRAMS AND SERVICES. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH SCHOOL DISTRICT SHALL RECEIVE A SPECIAL SUPPLEMENTAL APPORTIONMENT FOR SCHOOL AGE CHILDREN RECEIVING SPECIAL EDUCATION PROGRAMS AND SERVICES BEGINNING JULY FIRST, TWO THOUSAND FIFTEEN AND THEREAFTER AS PROVIDED HEREIN. AS USED IN THIS SUBDIVISION, THE BASE YEAR APPORTIONMENT SHALL BE THE AMOUNT PAYABLE FOR EACH SCHOOL DISTRICT'S CLAIMS FOR SCHOOL AGE CHILDREN RECEIVING SPECIAL EDUCATION PROGRAMS AND SERVICES FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND FOURTEEN. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND FIFTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT PLUS NOT LESS THAN TWENTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTION-
MENT PLUS NOT LESS THAN FORTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND SEVENTEEN EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT PLUS NOT LESS THAN SIXTY PERCENT OF THE DIFFERENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND EIGHTEEN, EACH SCHOOL DISTRICT SHALL RECEIVE THEIR BASE YEAR APPORTIONMENT PLUS NOT LESS THAN EIGHTY PERCENT OF THE DIFFER- ENCE BETWEEN SUCH APPORTIONMENT AND ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS. FOR THE SCHOOL YEAR BEGINNING JULY FIRST, TWO THOUSAND NINE- TEEN AND THEREAFTER, EACH SCHOOL DISTRICT RECEIVES AN APPORTIONMENT EQUAL TO ITS TOTAL COST FOR SPECIAL EDUCATION PROGRAMS. B. SCHOOL DISTRICTS SHALL APPLY THE INCREMENTS IN APPORTIONMENT RECEIVED PURSUANT TO THIS SUBDIVISION TO REDUCING THEIR TAX LEVY FROM REAL PROPERTY TAXES. FOR EACH TAXABLE YEAR AFTER THE SPECIAL APPORTION- MENTS COMMENCE, EACH SCHOOL DISTRICT SHALL CERTIFY TO THE COMMISSIONER THAT IT HAS MADE THE REDUCTION TO ITS REAL PROPERTY TAX LEVY AS REQUIRED BY THIS PARAGRAPH. C. THE LEGISLATURE SHALL ANNUALLY APPROPRIATE AN AMOUNT WITHIN THE APPROPRIATION FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS SUFFICIENT TO SUPPORT ALL AID PAYMENTS INCURRED PURSUANT TO PARAGRAPH A OF THIS SUBDI- VISION. S 3. This act shall take effect immediately.

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