2023 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.