NY Educ L § 4410-B (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 89 - Children With Handicapping Conditions 4410-B - Use of Certain Federal Funds.

§  4410-b.  Use of certain federal funds. 1. Definitions. For purposes of this section:   a. "Approved preschool special education program" shall mean a  public or  private  agency  which  has  been  approved by the commissioner as a provider of special education programs or services to preschool students with disabilities pursuant to subdivision  nine  of  section  forty-four hundred  ten  of this article or pursuant to article eighty-five of this chapter.   b. "Base year" shall mean the school year next  preceding  the  school year in which funds are sub-allocated pursuant to this section.   c.  "IEP  team" means a committee on special education, a subcommittee on special education, a committee on preschool special  education  or  a subcommittee on preschool special education.   d. "Public or private agency" shall mean an approved preschool special education  program,  or  a  state-supported school operating pursuant to article  eighty-five  of  this   chapter,   or   an   approved   private non-residential  or residential school that provides special services or programs pursuant to subdivision two of section forty-four  hundred  one of  this  article.  Such  term shall not include an individual providing related services only to preschool students with  disabilities  pursuant to  section  forty-four  hundred  ten  of  this article. Such term shall include a board of cooperative educational services only to  the  extent it  is  an  approved  preschool  special education program, and only for those students provided special education programs or services  pursuant to section forty-four hundred ten of this article.   2.  Preschool  grants  for  children  with  disabilities.  Each school district receiving an  allocation  of  funds  pursuant  to  section  six hundred  nineteen of the individuals with disabilities education act for the nineteen  hundred  ninety-nine--two  thousand  school  year  or  any subsequent  school year shall sub-allocate such funds in accordance with this subdivision to other public and private agencies providing  special education  services  to  students  ages three to five who were placed in such agency by the school district's IEP team. For school years prior to two thousand six--two thousand seven, such sub-allocations shall be made on a per capita basis, based upon the number of students three  to  five years of age who were placed in such agency by the school district's IEP team and are served by the public or private agency as of December first of the base year, as reported to the commissioner; and, for school years two    thousand   six--two   thousand   seven   and   thereafter,   such sub-allocations shall be made on a per  capita  basis,  based  upon  the number  of  students  three to five years of age who were placed in such agency by the school district's IEP team and who are  receiving  special education  programming and instruction from the public or private agency as of December first of the base year, as reported to the  commissioner, and  according  to a formulae based upon the number of students three to five years of age who are  receiving  related  services  only  from  the public  or  private  agency  as  of  December first of the base year, as reported to the commissioner, such that such sub-allocation shall be  in an   amount  determined  in  accordance  with  the  provisions  of  this subdivision;  provided,  however,  that   for   the   nineteen   hundred ninety-nine--two  thousand  school  year,  the sub-allocation payable to each public or private agency  shall  not  be  less  than  five  hundred forty-eight dollars per pupil. For the school year two thousand six--two thousand  seven, the per capita sub-allocation shall be adjusted whereby each student three to five years of age who was placed in an  agency  by the  school  district's  IEP team and who is receiving special education programming and instruction therefrom shall be counted as one per capita and each such student who is receiving related services only  from  such  public or private agency shall be counted as two-thirds of a per capita, for  purposes  of  determining  such  per capita sub-allocation for such school year and  that  for  the  school  year  two  thousand  seven--two thousand  eight  and  thereafter,  shall be counted as one-third for the purposes of determining the per capita sub-allocation  for  such  school year;  provided,  however,  that  any  municipality which, prior to July first, two  thousand  three,  operated  an  approved  special  education itinerant  teacher  program  for students three to five years of age who were placed in such program by a school district's IEP  team,  shall  be deemed to be a public or private agency for purposes of this section and the  sub-allocation  directed by this subdivision shall be made on a per capita basis, based upon the number of students, three to five years  of age  who are receiving special education programming and instruction and related services only therefrom. In the event the total amount allocated to any school district pursuant to such section six hundred nineteen for the  nineteen  hundred  ninety-nine--two   thousand   school   year   is insufficient  to  pay  such  sub-allocations  at  the required per pupil level,  the  school  district  may  apply  to  the  department   for   a supplemental  allocation  of funds in the amount of such deficiency from the state allocation received  pursuant  to  such  section  six  hundred nineteen.  Payments  of  such  sub-allocation  shall be made in the same proportion as such funds are paid to the school district by  the  state, within  thirty  days after: (i) the school district receives any portion of its allocation of funds for the current year pursuant to section  six hundred  nineteen of the individuals with disabilities education act; or (ii) the school district receives an application for a sub-allocation by a  public  or   private   agency,   or,   for   the   nineteen   hundred ninety-nine--two thousand school year only, the school district receives notice   from   the   commissioner   that  such  an  application  for  a sub-allocation has been filed with the  commissioner,  whichever  occurs later.   3.  Federal  flow-through  funds.  Each  school  district receiving an allocation of funds pursuant  to  section  six  hundred  eleven  of  the individuals  with  disabilities  education  act for the nineteen hundred ninety-nine--two thousand school year  or  any  subsequent  school  year shall  sub-allocate  such  funds  in accordance with this subdivision to other public and private agencies providing special  education  services to  students  ages three to twenty-one who were placed in such agency by the school district's IEP team. For school years prior to  two  thousand six--two  thousand  seven,  such  sub-allocations shall be made on a per capita basis, based upon the number  of  students  three  to  twenty-one years of age who were placed in such agency by the school district's IEP team  and  were  served  by  the public or private agency as of December first of the base year, as reported to the commissioner;  and,  for  the school  year  two  thousand six--two thousand seven and thereafter, such sub-allocations shall be made on a per  capita  basis,  based  upon  the number  of  students three to twenty-one years of age who were placed in such agency by the school district's IEP team  and  who  were  receiving special education programming and instruction from the public or private agency  as  of  December  first  of  the  base  year, as reported to the commissioner, and according to a  formulae  based  upon  the  number  of students  three  to  twenty-one  years of age who were receiving related services only from the public or private agency as of December first  of the  base  year,  as  reported  to  the  commissioner,  such  that  such sub-allocation shall be in an amount determined in accordance  with  the provisions  of  this  subdivision.  For  the  school  year  two thousand six--two thousand seven, the per capita sub-allocation shall be adjusted whereby each student three to twenty-one years of age who was placed  in  an agency by the school district's IEP team and who is receiving special education  programming and instruction therefrom shall be counted as one per capita and each such student who is receiving related services  only from  such  public or private agency shall be counted as two-thirds of a per capita, for purposes of determining such per  capita  sub-allocation for  such  school  year  and  that  for  the  school  year  two thousand seven--two thousand eight and thereafter, shall be counted as  one-third for  the  purposes of determining the per capita sub-allocation for such school year; provided, however, that any municipality  which,  prior  to July  first,  two thousand three, operated an approved special education itinerant teacher program for students three to five years  of  age  who were  placed  in  such program by a school district's IEP team, shall be deemed to be a public or private agency for purposes of this section and the sub-allocation directed by this subdivision shall be made on  a  per capita  basis,  based  upon  the number of students, three to twenty-one years of  age  who  are  receiving  special  education  programming  and instruction  and  related  services  only  therefrom.  Payments  of such sub-allocation shall be made in the same proportion as  such  funds  are paid  to  the school district by the state within thirty days after: (i) the school district receives any portion of its allocation of funds  for the  current  year  pursuant  to  section  six  hundred  eleven  of  the individuals with disabilities education act; or (ii) the school district receives an application for a sub-allocation  by  a  public  or  private agency,  or,  for  the nineteen hundred ninety-nine--two thousand school year only, the school district receives  notice  from  the  commissioner that  such  an  application for a sub-allocation has been filed with the commissioner; whichever occurs later.   4. Charter schools. Notwithstanding the provisions of subdivisions two and three of this section, any sub-allocation of funds received pursuant to  sections  six  hundred  eleven  and  six  hundred  nineteen  of  the individuals  with disabilities education act shall be made in accordance with section twenty-eight hundred fifty-six  of  this  chapter  and  the regulations of the commissioner implementing such section.   5.  Carryover  funds.  In  addition  to  the  sub-allocations required pursuant to subdivisions two and three  of  this  section,  each  school district   receiving   carryover   funds   from   the  nineteen  hundred ninety-eight--ninety-nine allocation pursuant to  sections  six  hundred eleven  and  six  hundred  nineteen of the individuals with disabilities education act shall sub-allocate such carryover funds pursuant  to  this subdivision  to  public  and  private  agencies  that  have  their chief administrative offices located  within  the  school  district  and  have carryover  funds  remaining  from  such allocation. Such sub-allocations shall  be  made  in  the  amounts  determined  by  the  commissioner  in accordance with procedures established by the commissioner. In the event such  a  public  or  private agency has its chief administrative offices located outside of the state,  such  agency  may  designate  any  school district having resident students attending its programs as the district responsible    for    sub-allocation    of    its    nineteen    hundred ninety-eight--ninety-nine carryover funds pursuant to this subdivision.   6. Unobligated funds. Notwithstanding any other provision  of  law  to the  contrary,  funds  sub-allocated  to  public  and  private  agencies pursuant to subdivisions two and three of this section  for  any  school year  that are neither obligated by the last day of the project year nor expended consistent with  procedures  established  by  the  commissioner shall  be  carried  over  to the following school year and shall be made available to such agencies in accordance with procedures established  by the commissioner, commencing in July and August of such following school year.    7.  Funds;  failure  to apply. Any school district that fails to apply for its full allocation of funds pursuant to both sections  six  hundred eleven  and  six  hundred  nineteen of the individuals with disabilities education act by a date to  be  prescribed  by  the  commissioner  shall nevertheless  be  required  to make sub-allocations to public or private agencies pursuant to this section using local funds, based on  the  full amount  that  the  school  district  was  eligible to receive, as if the district had received an allocation of federal funds on such date.   8. Reporting requirements. a.  Each  public  or  private  agency  that receives a sub-allocation of funds pursuant to this section shall submit an annual cost report in a form approved by the commissioner.   b.  The  commissioner  shall,  in consultation with representatives of statewide and regional provider organizations  including  municipalities and school district personnel and other interested parties:  (1)  develop forms to be submitted by school districts that report the number of students three to twenty-one years of age who are placed in  a public  or  private  agency providing special education services and who are receiving special education programming and  instruction  from  such agency,  and  the  number  of  such  students  who are receiving related services only from such agency; and  (2)  develop  guidelines  to   assure   that   funds   allocated   and sub-allocated  pursuant to this section are used for purposes consistent with federal laws and regulations governing such funds.