NY Educ L § 4003 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 81 - Education of Children Residing in Child Care Institutions 4003 - Annual Tuition and Maintenance Reimbursement Procedures.

§ 4003. Annual  tuition  and  maintenance reimbursement procedures. 1.   The commissioner of education, the commissioner of social services, and,   when appropriate,  the  commissioner  of  mental  health  shall  develop   reimbursement  methodologies  for the tuition and maintenance components   of child  care  institutions  and  special  act  school  districts.  The   commissioner  of  education,  in consultation with the appropriate state   agencies and departments, shall have  responsibility  for  developing  a   reimbursement   methodology  for  tuition  which  shall  be  based  upon   appropriate educational standards promulgated pursuant to regulations of   the commissioner of education.  The  commissioner  of  social  services,   except  for  institutions  for  which the state health department or the   office of mental health establishes maintenance rates,  in  consultation   with   appropriate   state   agencies   and   departments,   shall  have   responsibility  for   developing   a   reimbursement   methodology   for   maintenance,  pursuant  to  section  three hundred ninety-eight-a of the   social services law and the regulations promulgated thereunder.2. The director of the budget, in consultation with  the  commissioner   of  education,  the commissioner of social services, the commissioner of   health, the commissioner of mental health, and any other state agency or   other source  he  may  deem  appropriate,  shall  approve  reimbursement   methodologies  for tuition and maintenance. Any modification in any such   methodology which has previously been approved shall be subject  to  the   approval of the director of the budget.3.  Effective  upon  final  approval  by the director of the budget of   reimbursement  methodologies  for  both  tuition  and  maintenance,  the   commissioner  of  education  shall  annually determine a tuition rate in   conformance with this section for each special act  school  district  or   private school operated by a child care institution.4.  Effective upon final approval by the director of the budget of the   reimbursement  methodologies  for  both  tuition  and  maintenance,  the   commissioner  of  social services shall annually determine a maintenance   rate and a medical services rate for  each  child  care  institution  in   accordance  with  this  section  and  regulations of the commissioner of   social services.5. All reimbursement rates determined pursuant to this  section  shall   be effective for the period July first through June thirtieth. Rates for   the  following  year shall be submitted no later than April fifteenth to   the director of the budget. The director of the budget  shall  act  upon   such  rates  within  forty-five days of submission. Such rates shall not   become effective until approved by the director of the  budget.  In  the   event  that  the  rates  are  approved after July first, then such rates   shall be deemed to apply retroactively to such date.6. All  reimbursements  shall  be  subject  to  adjustment  and  final   determination  upon  field audit conducted by the comptroller, the state   education department, the department of social  services  or  any  agent   thereof.7.  The commissioner of education, the commissioner of social services   and the director of the budget, in consultation with  other  appropriate   state   agencies  and  departments,  shall  enter  into  an  interagency   agreement to assure effective implementation of the provisions  of  this   section.  The  agreement  shall  provide for, but not be limited to, the   development of common accounting practices and audit procedures,  common   information  and budget forms, coordinated financial and other reporting   requirements for  child  care  institutions,  mechanisms  for  resolving   appeals  of rates established pursuant to this section and mechanisms to   evaluate and recommend modification to reimbursement methodologies.