NY Educ L § 4408 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 89 - Children With Handicapping Conditions 4408 - Payment for July and August Programs for Students With Disabilities.

§  4408.  Payment  for  July  and  August  programs  for students with   disabilities.  1. State aid. The commissioner shall  make  payments  for   approved  July  and  August  programs  for students with disabilities in   accordance with this section in an amount equal to eighty percent of the   sum of the approved tuition and maintenance rates and the transportation   expense for the current year enrollment of  students  with  disabilities   ages  five  through  twenty-one or students eligible for services during   July  and  August  pursuant  to  article  eighty-five,  eighty-seven  or   eighty-eight  of  this chapter, where such costs are determined pursuant   to section forty-four hundred five of this article,  provided  that  the   placement  of  such  students  was  approved  by  the  commissioner,  if   required. Such programs shall operate for six weeks and shall be  funded   for  thirty  days  of service, provided, however, that the observance of   the legal holiday for Independence day may constitute a day of  service.   Upon  certification by the school district in which the student resides,   that such services were provided, such payment  shall  be  made  to  the   provider  of  such  services,  in  accordance  with  the  provisions  of   subdivision three of this section.2. Chargeback to a municipality. Ten percent of the approved  cost  of   July  and  August  services  provided  pursuant to this section for each   student shall be a charge against the municipality in which the  parent,   or  person  in  parental  relationship  to such student, resided on July   first of the school year in  which  such  services  were  provided.  The   comptroller  shall  deduct  from  any  state funds which become due to a   municipality an amount equal to such ten percent required in  accordance   with  this  subdivision  which  amount  shall  be  credited to the local   assistance account of the state education department  as  designated  by   the division of the budget.3.  Payment  schedule.  For  aid  payable in the two thousand six--two   thousand  seven  school  year,  moneys  appropriated  annually  to   the   department  from  the  general fund - local assistance account under the   office of prekindergarten through grade  twelve  education  program  for   July  and  August programs for students with disabilities, shall be used   as  follows:  (i)  for  remaining  base  year  and  prior  school  years   obligations,  (ii)  for the purposes of subdivision four of this section   for schools operated under articles  eighty-seven  and  eighty-eight  of   this  chapter,  and (iii) notwithstanding any inconsistent provisions of   this chapter, for payments made pursuant to  this  section  for  current   school year obligations, provided, however, that such payments shall not   exceed  seventy percent of the state aid due for the sum of the approved   tuition and maintenance rates and transportation  expense  provided  for   herein;  provided,  however,  that  payment  of eligible claims shall be   payable in the order that such claims have been approved for payment  by   the  commissioner,  but  in  no case shall a single payee draw down more   than forty-five percent of the appropriation provided for  the  purposes   of  this  section, and provided further that no claim shall be set aside   for insufficiency of funds to make a  complete  payment,  but  shall  be   eligible for a partial payment in one year and shall retain its priority   date  status  for  appropriations  provided  for  this section in future   years.4. Of the amount so appropriated to the department for  the  July  and   August  programs  for  schools  operated under articles eighty-seven and   eighty-eight of this chapter, an amount  shall  be  transferred  to  the   special  revenue  funds  -  other, Batavia school for the blind and Rome   school for the deaf accounts, pursuant to a plan to be developed by  the   commissioner  and  approved  by  the director of the budget for students   with disabilities attending July and August programs  pursuant  to  this   section  at such schools pursuant to such articles. Such amount shall be    determined by the tuition and maintenance rates and the total number  of   students  with  disabilities  approved by the commissioner for placement   for the July and August program. The commissioner  shall  establish  the   methodology  for  computation  of such tuition and maintenance rates for   each school which shall take into  account  all  pertinent  expenditures   including  administration,  direct  care staff, nondirect care staff and   other than personal service costs.5. State share. In accordance with the provisions of subparagraph four   of paragraph b of subdivision one of section thirty-six  hundred  nine-a   of this chapter for services provided during the two thousand eight--two   thousand nine and prior school years, any moneys due the school district   shall  be  reduced  by  an  amount equal to fifty percent of any federal   participation, pursuant to title XIX of  the  social  security  act,  in   special  education  programs  provided  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,  such  state share shall be designated and transferred   pursuant to section thirty-six hundred nine-b of this chapter.6. Notwithstanding any other provision of  law  to  the  contrary,  no   payments  shall  be made by the commissioner pursuant to this section on   or after July first,  nineteen  hundred  ninety-six  based  on  a  claim   submitted  later  than  three  years after the end of the school year in   which services were rendered, provided however that no payment shall  be   barred  or reduced where such payment is required as a result of a court   order or judgment or a final audit.