NY Educ L § 3609-B (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 1 - General Provisions 3609-B - Moneys Apportioned for Students With Disabilities, When and How Payable.

§  3609-b. Moneys apportioned for students with disabilities, when and how payable. Moneys apportioned to school districts for the excess  cost aid  setaside pursuant to subdivision four of section thirty-six hundred two  of  this  article  and  the  apportionments   for   students   with disabilities  due in accordance with the provisions of subdivisions five and five-a of section thirty-six hundred two of this article and section forty-four hundred five of this chapter, shall be paid to or  on  behalf of  school  districts in accordance with the provisions of this section, provided, however, that payments made to or  on  behalf  of  any  school district  pursuant  to  this section shall be adjusted subsequent to the filing, in an acceptable manner, of aid claim forms  prescribed  by  the commissioner.   For  aid  payable in the two thousand seven--two thousand eight school year and thereafter, "moneys apportioned" shall mean the sum of; (i) the lesser of (A) one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in  the  school aid  computer  listing  for  the current year, as defined in the opening paragraph of section thirty-six hundred nine-a of this article,  or  (B) the  apportionment  calculated  by the commissioner for the current year based on data on file at the time the payment is processed plus (ii) the excess cost aid  setaside  computed  pursuant  to  subdivision  four  of section  thirty-six  hundred two of this article, based on data utilized in  producing  such  school  aid  listing  for  the  current  year.  The definitions  "base  year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this  article  shall  apply  to this section.   1.  Assignment  of certain moneys.  a. Any moneys to be apportioned by the commissioner to school districts during the school year pursuant  to this  section  for  services  provided  on or before June thirtieth, two thousand nine that were reimbursed by  the  state  on  or  before  April first,  two  thousand eleven shall, in the first instance, be designated as the state share of moneys due a school district pursuant to title XIX of the social security act,  on  account  of  school  supportive  health services  provided  to  students  with disabilities in special education programs pursuant to article eighty-nine of this chapter  and  to  those pupils  who  are qualified handicapped persons as defined in the federal rehabilitation act of nineteen hundred seventy-three, as  amended.  Some or all of such state share may be assigned on behalf of school districts to  the  department  of  health, as provided herein; any remaining state share moneys shall be paid to school districts on the same  schedule  as the  federal  share of such title XIX payments and shall be based on the monthly report of the commissioner of health to  the  commissioner;  and any  remaining moneys to be apportioned to a school district pursuant to this section  shall  be  paid  in  accordance  with  the  provisions  of subdivision  two  of  this  section.  The  amount  to be assigned to the department of health, as determined by the commissioner of  health,  for any school district shall not exceed the federal share of any moneys due such  school  district pursuant to title XIX. Moneys designated as state share moneys shall be  paid  to  such  school  districts  based  on  the submission  and  approval  of  claims  related to such school supportive health services, in the manner provided by law.   a-1. Any moneys to  be  apportioned  by  the  commissioner  to  school districts  during  the school year pursuant to this section for services provided during the two thousand nine--two thousand ten school year  and thereafter,  or  for  services provided in a prior school year that were not reimbursed by the state on  or  before  April  first,  two  thousand eleven,  shall,  in the first instance, be designated as the state share of moneys due a school district pursuant to  title  XIX  of  the  social  security  act,  on account of school supportive health services provided to students with disabilities in special education programs pursuant  to article  eighty-nine  of  this  chapter  and  to  those  pupils  who are qualified  handicapped  persons as defined in the federal rehabilitation act of nineteen hundred seventy-three,  as  amended.  Such  state  share shall  be  assigned  on  behalf of school districts to the department of health, as provided herein; the amount  designated  as  such  nonfederal share  shall  be  transferred  by  the commissioner to the department of health based on the monthly report of the commissioner of health to  the commissioner;  and  any  remaining  moneys to be apportioned to a school district pursuant to this section shall be paid in accordance  with  the provisions of subdivision two of this section. The amount to be assigned to  the  department  of  health,  as  determined  by the commissioner of health, for any school district shall not exceed the  federal  share  of any  moneys  due  such  school  district  pursuant  to title XIX. Moneys designated as state share moneys shall be paid to such school  districts by  the  department  of  health  based on the submission and approval of claims related to such school supportive health services, in the  manner provided by law.   b.  Any  moneys  remaining  to  be  apportioned  to  a school district pursuant to this section shall, in  the  second  instance,  be  used  to reimburse  the  commissioner  for  any moneys due from a school district found to be financially responsible, in accordance with  the  provisions of  paragraph e of subdivision four of section thirty-two hundred two of this chapter, for the cost of instruction of a student with a disability placed by a local social services district or other state department  or agency  in  a  family home at board that receives program support from a child care institution affiliated with a  special  act  school  district which  is  located  in  another  school district which contracts for the education of such student, upon the recommendation of its  committee  on special  education,  for  the  instruction  of  such student pursuant to paragraph c, d, e or f of subdivision two of section forty-four  hundred one  of  this  chapter  or  for  a  nonresidential placement pursuant to paragraph one of such subdivision. In the event  that  a  district  owes more  than  the  moneys  remaining  to  be  apportioned  to the district pursuant to this section, the commissioner shall  withhold  such  excess from any other moneys due the district.   2.  Payments  to  school  districts.  a. The moneys apportioned by the commissioner to school districts in accordance with  the  provisions  of subdivisions  five  and five-a of section thirty-six hundred two of this article and section forty-four hundred five  of  this  chapter  and  the moneys  apportioned to school districts for the excess cost aid setaside pursuant to subdivision four of section thirty-six hundred two  of  this article,  during  the school year and remaining due after deductions are made for the purposes of subdivision  one  of  this  section,  shall  be payable,  for the two thousand seven--two thousand eight school year and thereafter in accordance with the following schedule:  (1) December payment. On or before December fifteenth, a portion shall be paid equal to the positive remainder of twenty-five  percent  of  the moneys  apportioned  less  any  payments made pursuant to paragraph a of subdivision one of this section for the current year.  (2) March payment. On or before March fifteenth, a  portion  shall  be paid  equal  to  the positive remainder of seventy percent of the moneys apportioned  less  any  payments  made  pursuant  to  paragraph   a   of subdivision  one  of this section and subparagraph one of this paragraph for the current year.  (3) June payment. On or before June fifteenth, a portion shall be paid equal to the positive remainder of eighty-five  percent  of  the  moneys  apportioned   less   any  payments  made  pursuant  to  paragraph  a  of subdivision one of this section and subparagraphs one and  two  of  this paragraph for the current year.  (4) August payment. To the extent that any moneys are owed to a school district  pursuant to this section, a portion shall be paid on or before August fifteenth equal to the positive remainder of one hundred  percent of the moneys apportioned less any payments made pursuant to paragraph a of  subdivision one of this section and subparagraphs one, two and three of this paragraph for the current year.  (5) Deferred  September  payment.  Any  amount  payable  to  a  school district  pursuant to this section which exceeded one hundred percent of the respective amount set forth for such district as payable pursuant to this section in the school aid computer listing for the  current  school year  shall  be  designated  for payment for the month of September next following the close of the current school year. Such payments  shall  be made on the first state business day of the month of September, based on data  on  file  as  of  August  first;  provided  however,  that for the September two thousand six payment such calculation shall  be  based  on the  computer  listing  for  the  current  year using data on file as of August first.   b. Such moneys shall be payable to the treasurer of each  city  school district,  and  the  treasurer of each union free school district and of each central school district and of each other school district, if there be a treasurer, otherwise to the collector or other  disbursing  officer of such district or board of cooperative educational services, who shall apply  for  and receive the same as soon as payable. In the case of city school  districts  of  cities  with  one  hundred  twenty-five  thousand inhabitants  or  more,  any  payment  which  pursuant to this section is required to be made to the treasurer of the city school district,  shall be made to the city treasurer or chamberlain.   3.   Due   minimum  supplemental  apportionment.  Notwithstanding  any inconsistent provisions of  subdivisions  five  and  five-a  of  section thirty-six  hundred  two  of this article and section forty-four hundred five of this chapter, for the two  thousand  seven--two  thousand  eight school  year  and thereafter, the due minimum supplemental apportionment shall equal the  positive  remainder  resulting  when  the  sum  of  the apportionments  due a school district pursuant to such subdivisions five and five-a and such section forty-four hundred five for any school  year and, the moneys apportioned for the excess cost aid setaside pursuant to subdivision  four  of section thirty-six hundred two of this article, is subtracted from the amount designated as the state share of moneys due a school district pursuant to title XIX of the  social  security  act,  on account  of  school  supportive  health services provided to pupils with disabilities  in  special  education  programs   pursuant   to   article eighty-nine  of  this  chapter  as  determined  in  accordance  with the provisions  of  subdivision  one  of  this   section.   Any   additional apportionment  pursuant  to  this  subdivision  shall  be  computed  and recomputed by the commissioner in the normal course of  auditing  school district claims for aid.   4.  In  addition to any other payments due a district pursuant to this section, the commissioner shall also reimburse districts for any amounts due in accordance with the provisions of paragraph e of subdivision four of section thirty-two hundred two of this chapter as follows:   a. thirty-five percent of any amounts  due  shall  be  payable  on  or before December fifteenth;   b. seventy percent of any amounts due, minus any payment made pursuant to  paragraph a of this subdivision, shall be payable on or before March fifteenth; and    c. any remaining amount  due  shall  be  payable  on  or  before  June fifteenth.