2023 New York Laws › EDN - Education › Title 6 - Special Schools and Instruction › Article 89 - Children With Disabilities. › 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.