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