Provides for the reimbursement to school districts for ninety percent of expenses incurred in providing transportation for children with special needs.
TITLE OF BILL: An act in relation to reimbursement of certain transportation expenses of school districts
PURPOSE OR GENERAL IDEA OF BILL: To restore the state's 90 percent reimbursement rate for expenses incurred by school districts for transporting children with disabilities.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 requires the commissioner of education to reimburse school districts 90 percent of their expenses incurred in transporting children to special education programs pursuant to section 4402 of the education law.
Section 2 requires the commissioner of education to promulgate any regulations necessary to implement the act.
Section 3 sets an immediate effective date providing that districts shall be eligible for 90 percent reimbursement beginning with 2012-13 school year expenses.
JUSTIFICATION: Prior to 1992, state transportation aid was equalized for all school districts with every school district being reimbursed 90 percent of their eligible transportation expenses. Since that time however, transportation reimbursement has been determined by the wealth of the district and rates vary considerably.
The expenses associated with transporting children with disabilities to special education programs are disproportionately high.
This measure seeks to reinstate the policy of equalized reimbursement for the expenses of transporting these particular children. In this way, our most fragile children will continue to have access to the programs that best meet their needs without unduly burdening local taxpayers.
PRIOR LEGISLATIVE HISTORY: New legislation.
FISCAL IMPLICATIONS: The cost would not be borne by the state until the 2013-14 state fiscal year and will depend on a number of factors including: 1) the number of school districts providing services pursuant to section 4402; 2) the number of children being transported and the respective expenses for transporting such children; and 3) the difference between ninety percent and the districts' current rate of reimbursement.
EFFECTIVE DATE: This act shall take effect immediately and shall apply to expenses beginning for the 2012-13 school year.
STATE OF NEW YORK ________________________________________________________________________ 7703 IN SENATE June 14, 2012 ___________Introduced by Sen. STOROBIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT in relation to reimbursement of certain transportation expenses of school districts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any provision of law, rule or regulation to the contrary, the commissioner of education shall reimburse school districts for ninety percent of their expenses incurred in providing transportation services pursuant to section forty-four hundred two of the education law. S 2. The commissioner of education shall promulgate any rules or regu- lations that may be necessary to carry out the provisions of this act. S 3. This act shall take effect immediately, provided, however, that school districts shall be eligible for reimbursement provided for in this act for expenses incurred beginning in the 2012-13 school year.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16266-01-2