§ 4408 — Payment for July and August programs for students with disabilities

§ 4408. Payment for July and August programs for students with\ndisabilities. 1. State aid. The commissioner shall make payments for\napproved July and August programs for students with disabilities in\naccordance with this section in an amount equal to eighty percent of the\nsum of the approved tuition and maintenance rates and the transportation\nexpense for the current year enrollment of students with disabilities\nages five through twenty-one or students eligible for services during\nJuly and August pursuant to article eighty-five, eighty-seven or\neighty-eight of this chapter, where such costs are determined pursuant\nto section forty-four hundred five of this article, provided that the\nplacement of such students was approved by the commissioner, if\nrequired. Such programs shall operate for six weeks and shall be funded\nfor thirty days of service, provided, however, that the observance of\nthe legal holiday for Independence day may constitute a day of service.\nUpon certification by the school district in which the student resides,\nthat such services were provided, such payment shall be made to the\nprovider of such services, in accordance with the provisions of\nsubdivision three of this section.\n 2. Chargeback to a municipality. Ten percent of the approved cost of\nJuly and August services provided pursuant to this section for each\nstudent shall be a charge against the municipality in which the parent,\nor person in parental relationship to such student, resided on July\nfirst of the school year in which such services were provided. The\ncomptroller shall deduct from any state funds which become due to a\nmunicipality an amount equal to such ten percent required in accordance\nwith this subdivision which amount shall be credited to the local\nassistance account of the state education department as designated by\nthe division of the budget.\n 3. Payment schedule. For aid payable in the two thousand six--two\nthousand seven school year, moneys appropriated annually to the\ndepartment from the general fund - local assistance account under the\noffice of prekindergarten through grade twelve education program for\nJuly and August programs for students with disabilities, shall be used\nas follows: (i) for remaining base year and prior school years\nobligations, (ii) for the purposes of subdivision four of this section\nfor schools operated under articles eighty-seven and eighty-eight of\nthis chapter, and (iii) notwithstanding any inconsistent provisions of\nthis chapter, for payments made pursuant to this section for current\nschool year obligations, provided, however, that such payments shall not\nexceed seventy percent of the state aid due for the sum of the approved\ntuition and maintenance rates and transportation expense provided for\nherein; provided, however, that payment of eligible claims shall be\npayable in the order that such claims have been approved for payment by\nthe commissioner, but in no case shall a single payee draw down more\nthan forty-five percent of the appropriation provided for the purposes\nof this section, and provided further that no claim shall be set aside\nfor insufficiency of funds to make a complete payment, but shall be\neligible for a partial payment in one year and shall retain its priority\ndate status for appropriations provided for this section in future\nyears.\n 4. Of the amount so appropriated to the department for the July and\nAugust programs for schools operated under articles eighty-seven and\neighty-eight of this chapter, an amount shall be transferred to the\nspecial revenue funds - other, Batavia school for the blind and Rome\nschool for the deaf accounts, pursuant to a plan to be developed by the\ncommissioner and approved by the director of the budget for students\nwith disabilities attending July and August programs pursuant to this\nsection at such schools pursuant to such articles. Such amount shall be\ndetermined by the tuition and maintenance rates and the total number of\nstudents with disabilities approved by the commissioner for placement\nfor the July and August program. The commissioner shall establish the\nmethodology for computation of such tuition and maintenance rates for\neach school which shall take into account all pertinent expenditures\nincluding administration, direct care staff, nondirect care staff and\nother than personal service costs.\n 5. State share. In accordance with the provisions of subparagraph four\nof paragraph b of subdivision one of section thirty-six hundred nine-a\nof this chapter for services provided during the two thousand eight--two\nthousand nine and prior school years, any moneys due the school district\nshall be reduced by an amount equal to fifty percent of any federal\nparticipation, pursuant to title XIX of the social security act, in\nspecial education programs provided pursuant to this section. For\nservices provided during the two thousand nine--two thousand ten school\nyear and thereafter, or for services provided in a prior school year\nthat were not reimbursed by the state on or before April first, two\nthousand eleven, such state share shall be designated and transferred\npursuant to section thirty-six hundred nine-b of this chapter.\n 6. Notwithstanding any other provision of law to the contrary, no\npayments shall be made by the commissioner pursuant to this section on\nor after July first, nineteen hundred ninety-six based on a claim\nsubmitted later than three years after the end of the school year in\nwhich services were rendered, provided however that no payment shall be\nbarred or reduced where such payment is required as a result of a court\norder or judgment or a final audit.\n