§ 4410-B — Use of certain federal funds

§ 4410-b. Use of certain federal funds. 1. Definitions. For purposes\nof this section:\n a. "Approved preschool special education program" shall mean a public\nor private agency which has been approved by the commissioner as a\nprovider of special education programs or services to preschool students\nwith disabilities pursuant to subdivision nine of section forty-four\nhundred ten of this article or pursuant to article eighty-five of this\nchapter.\n b. "Base year" shall mean the school year next preceding the school\nyear in which funds are sub-allocated pursuant to this section.\n c. "IEP team" means a committee on special education, a subcommittee\non special education, a committee on preschool special education or a\nsubcommittee on preschool special education.\n d. "Public or private agency" shall mean an approved preschool special\neducation program, or a state-supported school operating pursuant to\narticle eighty-five of this chapter, or an approved private\nnon-residential or residential school that provides special services or\nprograms pursuant to subdivision two of section forty-four hundred one\nof this article. Such term shall not include an individual providing\nrelated services only to preschool students with disabilities pursuant\nto section forty-four hundred ten of this article. Such term shall\ninclude a board of cooperative educational services only to the extent\nit is an approved preschool special education program, and only for\nthose students provided special education programs or services pursuant\nto section forty-four hundred ten of this article.\n 2. Preschool grants for children with disabilities. Each school\ndistrict receiving an allocation of funds pursuant to section six\nhundred nineteen of the individuals with disabilities education act for\nthe nineteen hundred ninety-nine--two thousand school year or any\nsubsequent school year shall sub-allocate such funds in accordance with\nthis subdivision to other public and private agencies providing special\neducation services to students ages three to five who were placed in\nsuch agency by the school district's IEP team. For school years prior to\ntwo thousand six--two thousand seven, such sub-allocations shall be made\non a per capita basis, based upon the number of students three to five\nyears of age who were placed in such agency by the school district's IEP\nteam and are served by the public or private agency as of December first\nof the base year, as reported to the commissioner; and, for school years\ntwo thousand six--two thousand seven and thereafter, such\nsub-allocations shall be made on a per capita basis, based upon the\nnumber of students three to five years of age who were placed in such\nagency by the school district's IEP team and who are receiving special\neducation programming and instruction from the public or private agency\nas of December first of the base year, as reported to the commissioner,\nand according to a formulae based upon the number of students three to\nfive years of age who are receiving related services only from the\npublic or private agency as of December first of the base year, as\nreported to the commissioner, such that such sub-allocation shall be in\nan amount determined in accordance with the provisions of this\nsubdivision; provided, however, that for the nineteen hundred\nninety-nine--two thousand school year, the sub-allocation payable to\neach public or private agency shall not be less than five hundred\nforty-eight dollars per pupil. For the school year two thousand six--two\nthousand seven, the per capita sub-allocation shall be adjusted whereby\neach student three to five years of age who was placed in an agency by\nthe school district's IEP team and who is receiving special education\nprogramming and instruction therefrom shall be counted as one per capita\nand each such student who is receiving related services only from such\npublic or private agency shall be counted as two-thirds of a per capita,\nfor purposes of determining such per capita sub-allocation for such\nschool year and that for the school year two thousand seven--two\nthousand eight and thereafter, shall be counted as one-third for the\npurposes of determining the per capita sub-allocation for such school\nyear; provided, however, that any municipality which, prior to July\nfirst, two thousand three, operated an approved special education\nitinerant teacher program for students three to five years of age who\nwere placed in such program by a school district's IEP team, shall be\ndeemed to be a public or private agency for purposes of this section and\nthe sub-allocation directed by this subdivision shall be made on a per\ncapita basis, based upon the number of students, three to five years of\nage who are receiving special education programming and instruction and\nrelated services only therefrom. In the event the total amount allocated\nto any school district pursuant to such section six hundred nineteen for\nthe nineteen hundred ninety-nine--two thousand school year is\ninsufficient to pay such sub-allocations at the required per pupil\nlevel, the school district may apply to the department for a\nsupplemental allocation of funds in the amount of such deficiency from\nthe state allocation received pursuant to such section six hundred\nnineteen. Payments of such sub-allocation shall be made in the same\nproportion as such funds are paid to the school district by the state,\nwithin thirty days after: (i) the school district receives any portion\nof its allocation of funds for the current year pursuant to section six\nhundred nineteen of the individuals with disabilities education act; or\n(ii) the school district receives an application for a sub-allocation by\na public or private agency, or, for the nineteen hundred\nninety-nine--two thousand school year only, the school district receives\nnotice from the commissioner that such an application for a\nsub-allocation has been filed with the commissioner, whichever occurs\nlater.\n 3. Federal flow-through funds. Each school district receiving an\nallocation of funds pursuant to section six hundred eleven of the\nindividuals with disabilities education act for the nineteen hundred\nninety-nine--two thousand school year or any subsequent school year\nshall sub-allocate such funds in accordance with this subdivision to\nother public and private agencies providing special education services\nto students ages three to twenty-one who were placed in such agency by\nthe school district's IEP team. For school years prior to two thousand\nsix--two thousand seven, such sub-allocations shall be made on a per\ncapita basis, based upon the number of students three to twenty-one\nyears of age who were placed in such agency by the school district's IEP\nteam and were served by the public or private agency as of December\nfirst of the base year, as reported to the commissioner; and, for the\nschool year two thousand six--two thousand seven and thereafter, such\nsub-allocations shall be made on a per capita basis, based upon the\nnumber of students three to twenty-one years of age who were placed in\nsuch agency by the school district's IEP team and who were receiving\nspecial education programming and instruction from the public or private\nagency as of December first of the base year, as reported to the\ncommissioner, and according to a formulae based upon the number of\nstudents three to twenty-one years of age who were receiving related\nservices only from the public or private agency as of December first of\nthe base year, as reported to the commissioner, such that such\nsub-allocation shall be in an amount determined in accordance with the\nprovisions of this subdivision. For the school year two thousand\nsix--two thousand seven, the per capita sub-allocation shall be adjusted\nwhereby each student three to twenty-one years of age who was placed in\nan agency by the school district's IEP team and who is receiving special\neducation programming and instruction therefrom shall be counted as one\nper capita and each such student who is receiving related services only\nfrom such public or private agency shall be counted as two-thirds of a\nper capita, for purposes of determining such per capita sub-allocation\nfor such school year and that for the school year two thousand\nseven--two thousand eight and thereafter, shall be counted as one-third\nfor the purposes of determining the per capita sub-allocation for such\nschool year; provided, however, that any municipality which, prior to\nJuly first, two thousand three, operated an approved special education\nitinerant teacher program for students three to five years of age who\nwere placed in such program by a school district's IEP team, shall be\ndeemed to be a public or private agency for purposes of this section and\nthe sub-allocation directed by this subdivision shall be made on a per\ncapita basis, based upon the number of students, three to twenty-one\nyears of age who are receiving special education programming and\ninstruction and related services only therefrom. Payments of such\nsub-allocation shall be made in the same proportion as such funds are\npaid to the school district by the state within thirty days after: (i)\nthe school district receives any portion of its allocation of funds for\nthe current year pursuant to section six hundred eleven of the\nindividuals with disabilities education act; or (ii) the school district\nreceives an application for a sub-allocation by a public or private\nagency, or, for the nineteen hundred ninety-nine--two thousand school\nyear only, the school district receives notice from the commissioner\nthat such an application for a sub-allocation has been filed with the\ncommissioner; whichever occurs later.\n 4. Charter schools. Notwithstanding the provisions of subdivisions two\nand three of this section, any sub-allocation of funds received pursuant\nto sections six hundred eleven and six hundred nineteen of the\nindividuals with disabilities education act shall be made in accordance\nwith section twenty-eight hundred fifty-six of this chapter and the\nregulations of the commissioner implementing such section.\n 5. Carryover funds. In addition to the sub-allocations required\npursuant to subdivisions two and three of this section, each school\ndistrict receiving carryover funds from the nineteen hundred\nninety-eight--ninety-nine allocation pursuant to sections six hundred\neleven and six hundred nineteen of the individuals with disabilities\neducation act shall sub-allocate such carryover funds pursuant to this\nsubdivision to public and private agencies that have their chief\nadministrative offices located within the school district and have\ncarryover funds remaining from such allocation. Such sub-allocations\nshall be made in the amounts determined by the commissioner in\naccordance with procedures established by the commissioner. In the event\nsuch a public or private agency has its chief administrative offices\nlocated outside of the state, such agency may designate any school\ndistrict having resident students attending its programs as the district\nresponsible for sub-allocation of its nineteen hundred\nninety-eight--ninety-nine carryover funds pursuant to this subdivision.\n 6. Unobligated funds. Notwithstanding any other provision of law to\nthe contrary, funds sub-allocated to public and private agencies\npursuant to subdivisions two and three of this section for any school\nyear that are neither obligated by the last day of the project year nor\nexpended consistent with procedures established by the commissioner\nshall be carried over to the following school year and shall be made\navailable to such agencies in accordance with procedures established by\nthe commissioner, commencing in July and August of such following school\nyear.\n 7. Funds; failure to apply. Any school district that fails to apply\nfor its full allocation of funds pursuant to both sections six hundred\neleven and six hundred nineteen of the individuals with disabilities\neducation act by a date to be prescribed by the commissioner shall\nnevertheless be required to make sub-allocations to public or private\nagencies pursuant to this section using local funds, based on the full\namount that the school district was eligible to receive, as if the\ndistrict had received an allocation of federal funds on such date.\n 8. Reporting requirements. a. Each public or private agency that\nreceives a sub-allocation of funds pursuant to this section shall submit\nan annual cost report in a form approved by the commissioner.\n b. The commissioner shall, in consultation with representatives of\nstatewide and regional provider organizations including municipalities\nand school district personnel and other interested parties:\n (1) develop forms to be submitted by school districts that report the\nnumber of students three to twenty-one years of age who are placed in a\npublic or private agency providing special education services and who\nare receiving special education programming and instruction from such\nagency, and the number of such students who are receiving related\nservices only from such agency; and\n (2) develop guidelines to assure that funds allocated and\nsub-allocated pursuant to this section are used for purposes consistent\nwith federal laws and regulations governing such funds.\n