§ 3609-B — Moneys apportioned for students with disabilities, when and how payable

New York § 3609-B

• Jurisdiction: New York
• Law EDN: Education
• Title 5: Taxation and Financial Administration
• Part 1: General Provisions
• Art. 73: Apportionment of Public Moneys

Text

§ 3609-b. Moneys apportioned for students with disabilities, when and\nhow payable. Moneys apportioned to school districts for the excess cost\naid setaside pursuant to subdivision four of section thirty-six hundred\ntwo of this article and the apportionments for students with\ndisabilities due in accordance with the provisions of subdivisions five\nand five-a of section thirty-six hundred two of this article and section\nforty-four hundred five of this chapter, shall be paid to or on behalf\nof school districts in accordance with the provisions of this section,\nprovided, however, that payments made to or on behalf of any school\ndistrict pursuant to this section shall be adjusted subsequent to the\nfiling, in an acceptable manner, of aid claim forms prescribed by the\ncommissioner.\n For aid payable in the two thousand seven--two thousand eight school\nyear and thereafter, "moneys apportioned" shall mean the sum of; (i) the\nlesser of (A) one hundred percent of the respective amount set forth for\neach school district as payable pursuant to this section in the school\naid computer listing for the current year, as defined in the opening\nparagraph of section thirty-six hundred nine-a of this article, or (B)\nthe apportionment calculated by the commissioner for the current year\nbased on data on file at the time the payment is processed plus (ii) the\nexcess cost aid setaside computed pursuant to subdivision four of\nsection thirty-six hundred two of this article, based on data utilized\nin producing such school aid listing for the current year. The\ndefinitions "base year" and "current year" as set forth in subdivision\none of section thirty-six hundred two of this article shall apply to\nthis section.\n 1. Assignment of certain moneys. a. Any moneys to be apportioned by\nthe commissioner to school districts during the school year pursuant to\nthis section for services provided on or before June thirtieth, two\nthousand nine that were reimbursed by the state on or before April\nfirst, two thousand eleven shall, in the first instance, be designated\nas the state share of moneys due a school district pursuant to title XIX\nof the social security act, on account of school supportive health\nservices provided to students with disabilities in special education\nprograms pursuant to article eighty-nine of this chapter and to those\npupils who are qualified handicapped persons as defined in the federal\nrehabilitation act of nineteen hundred seventy-three, as amended. Some\nor all of such state share may be assigned on behalf of school districts\nto the department of health, as provided herein; any remaining state\nshare moneys shall be paid to school districts on the same schedule as\nthe federal share of such title XIX payments and shall be based on the\nmonthly report of the commissioner of health to the commissioner; and\nany remaining moneys to be apportioned to a school district pursuant to\nthis section shall be paid in accordance with the provisions of\nsubdivision two of this section. The amount to be assigned to the\ndepartment of health, as determined by the commissioner of health, for\nany school district shall not exceed the federal share of any moneys due\nsuch school district pursuant to title XIX. Moneys designated as state\nshare moneys shall be paid to such school districts based on the\nsubmission and approval of claims related to such school supportive\nhealth services, in the manner provided by law.\n a-1. Any moneys to be apportioned by the commissioner to school\ndistricts during the school year pursuant to this section for services\nprovided during the two thousand nine--two thousand ten school year and\nthereafter, or for services provided in a prior school year that were\nnot reimbursed by the state on or before April first, two thousand\neleven, shall, in the first instance, be designated as the state share\nof moneys due a school district pursuant to title XIX of the social\nsecurity act, on account of school supportive health services provided\nto students with disabilities in special education programs pursuant to\narticle eighty-nine of this chapter and to those pupils who are\nqualified handicapped persons as defined in the federal rehabilitation\nact of nineteen hundred seventy-three, as amended. Such state share\nshall be assigned on behalf of school districts to the department of\nhealth, as provided herein; the amount designated as such nonfederal\nshare shall be transferred by the commissioner to the department of\nhealth based on the monthly report of the commissioner of health to the\ncommissioner; and any remaining moneys to be apportioned to a school\ndistrict pursuant to this section shall be paid in accordance with the\nprovisions of subdivision two of this section. The amount to be assigned\nto the department of health, as determined by the commissioner of\nhealth, for any school district shall not exceed the federal share of\nany moneys due such school district pursuant to title XIX. Moneys\ndesignated as state share moneys shall be paid to such school districts\nby the department of health based on the submission and approval of\nclaims related to such school supportive health services, in the manner\nprovided by law.\n b. Any moneys remaining to be apportioned to a school district\npursuant to this section shall, in the second instance, be used to\nreimburse the commissioner for any moneys due from a school district\nfound to be financially responsible, in accordance with the provisions\nof paragraph e of subdivision four of section thirty-two hundred two of\nthis chapter, for the cost of instruction of a student with a disability\nplaced by a local social services district or other state department or\nagency in a family home at board that receives program support from a\nchild care institution affiliated with a special act school district\nwhich is located in another school district which contracts for the\neducation of such student, upon the recommendation of its committee on\nspecial education, for the instruction of such student pursuant to\nparagraph c, d, e or f of subdivision two of section forty-four hundred\none of this chapter or for a nonresidential placement pursuant to\nparagraph one of such subdivision. In the event that a district owes\nmore than the moneys remaining to be apportioned to the district\npursuant to this section, the commissioner shall withhold such excess\nfrom any other moneys due the district.\n 2. Payments to school districts. a. The moneys apportioned by the\ncommissioner to school districts in accordance with the provisions of\nsubdivisions five and five-a of section thirty-six hundred two of this\narticle and section forty-four hundred five of this chapter and the\nmoneys apportioned to school districts for the excess cost aid setaside\npursuant to subdivision four of section thirty-six hundred two of this\narticle, during the school year and remaining due after deductions are\nmade for the purposes of subdivision one of this section, shall be\npayable, for the two thousand seven--two thousand eight school year and\nthereafter in accordance with the following schedule:\n (1) December payment. On or before December fifteenth, a portion shall\nbe paid equal to the positive remainder of twenty-five percent of the\nmoneys apportioned less any payments made pursuant to paragraph a of\nsubdivision one of this section for the current year.\n (2) March payment. On or before March fifteenth, a portion shall be\npaid equal to the positive remainder of seventy percent of the moneys\napportioned less any payments made pursuant to paragraph a of\nsubdivision one of this section and subparagraph one of this paragraph\nfor the current year.\n (3) June payment. On or before June fifteenth, a portion shall be paid\nequal to the positive remainder of eighty-five percent of the moneys\napportioned less any payments made pursuant to paragraph a of\nsubdivision one of this section and subparagraphs one and two of this\nparagraph for the current year.\n (4) August payment. To the extent that any moneys are owed to a school\ndistrict pursuant to this section, a portion shall be paid on or before\nAugust fifteenth equal to the positive remainder of one hundred percent\nof the moneys apportioned less any payments made pursuant to paragraph a\nof subdivision one of this section and subparagraphs one, two and three\nof this paragraph for the current year.\n (5) Deferred September payment. Any amount payable to a school\ndistrict pursuant to this section which exceeded one hundred percent of\nthe respective amount set forth for such district as payable pursuant to\nthis section in the school aid computer listing for the current school\nyear shall be designated for payment for the month of September next\nfollowing the close of the current school year. Such payments shall be\nmade on the first state business day of the month of September, based on\ndata on file as of August first; provided however, that for the\nSeptember two thousand six payment such calculation shall be based on\nthe computer listing for the current year using data on file as of\nAugust first.\n b. Such moneys shall be payable to the treasurer of each city school\ndistrict, and the treasurer of each union free school district and of\neach central school district and of each other school district, if there\nbe a treasurer, otherwise to the collector or other disbursing officer\nof such district or board of cooperative educational services, who shall\napply for and receive the same as soon as payable. In the case of city\nschool districts of cities with one hundred twenty-five thousand\ninhabitants or more, any payment which pursuant to this section is\nrequired to be made to the treasurer of the city school district, shall\nbe made to the city treasurer or chamberlain.\n 3. Due minimum supplemental apportionment. Notwithstanding any\ninconsistent provisions of subdivisions five and five-a of section\nthirty-six hundred two of this article and section forty-four hundred\nfive of this chapter, for the two thousand seven--two thousand eight\nschool year and thereafter, the due minimum supplemental apportionment\nshall equal the positive remainder resulting when the sum of the\napportionments due a school district pursuant to such subdivisions five\nand five-a and such section forty-four hundred five for any school year\nand, the moneys apportioned for the excess cost aid setaside pursuant to\nsubdivision four of section thirty-six hundred two of this article, is\nsubtracted from the amount designated as the state share of moneys due a\nschool district pursuant to title XIX of the social security act, on\naccount of school supportive health services provided to pupils with\ndisabilities in special education programs pursuant to article\neighty-nine of this chapter as determined in accordance with the\nprovisions of subdivision one of this section. Any additional\napportionment pursuant to this subdivision shall be computed and\nrecomputed by the commissioner in the normal course of auditing school\ndistrict claims for aid.\n 4. In addition to any other payments due a district pursuant to this\nsection, the commissioner shall also reimburse districts for any amounts\ndue in accordance with the provisions of paragraph e of subdivision four\nof section thirty-two hundred two of this chapter as follows:\n a. thirty-five percent of any amounts due shall be payable on or\nbefore December fifteenth;\n b. seventy percent of any amounts due, minus any payment made pursuant\nto paragraph a of this subdivision, shall be payable on or before March\nfifteenth; and\n c. any remaining amount due shall be payable on or before June\nfifteenth.\n