New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 200 - Children with Handicapping Conditions › Section 200.10 - Reimbursement to certain state-operated and state-supported schools for blind, deaf and severely disabled students pursuant to articles 85, 87 and 88 of the education law and chapter 1060 of the laws of 1974 and to facilities approved pursuant to section 4204-a of the education law

Current through Register Vol. 46, No. 28, July 10, 2024
Aidable operating expenses means the necessary expenditures
					 for approved educational programs provided to State-supported students, and
					 shall be determined in accordance with the following provisions:
(a) State-operated and State-supported
				  schools and facilities approved to provide educational services to deaf infants
				  under Education Law, section
				  4204-a, shall submit annually, at times
				  designated by the commissioner, budget forms containing justification for all
				  proposed expenditures for which State aid is required. Such budgets shall
				  indicate by line item all positions and items of proposed expenditure. All
				  budgets in connection with other than department-funded programs shall be
				  reported on a supplemental sheet similar to the format for State-aided
				  programs.
(b) All annual
				  expenditures shall be justified to the satisfaction of the commissioner in
				  accordance with the instructions accompanying the annual year-end report forms
				  submitted by the State-operated and State-supported schools.
(c) All new positions requested in the annual
				  budget shall be justified in a narrative statement attached to the budget
				  request.
(d) Review of all budgets
				  submitted by the State-supported schools will be guided by the expenditures at
				  the State-operated schools for the deaf and blind. The portion of the salary of
				  each employee which exceeds the salary of an employee having similar duties at
				  the State-operated schools for the deaf and blind shall not be an aidable
				  operating expense of such State-supported private schools, except that a
				  location pay differential, in the amount provided for in any contract or
				  contracts between the State of New York and the certified or recognized
				  employee organization or organizations representing State employees at the
				  State-operated schools for the deaf and blind, will be included as an aidable
				  operating expense of schools located in the geographical areas to which such
				  location pay differential applies.
(e) Budgets approved by the commissioner for
				  a particular school year represent the maximum support for that year.
				  State-supported schools shall limit items of expenditure and positions to those
				  approved by the commissioner. Any transfer between line items of expenditure
				  exceeding 10 percent or $1,000, whichever is greater, of the approved budget
				  authorization for the school year shall have prior approval of the
				  commissioner.
(f) Capital
				  construction for new buildings, including related service facilities such as
				  heating, sanitary and lighting facilities, and improvement of grounds, and
				  additions to accommodate growth of activity not a part of the State program,
				  will not be approved as State-aidable operating expenses. Such equipment or
				  furnishings as are necessary to accommodate or maintain the educational program
				  for State-appointed students are aidable expenditures, with the prior approval
				  of the commissioner. All necessary repairs, including replacement of roofs,
				  boilers, plumbing systems, installations of safety devices in existing
				  buildings, such as proper exits, fire safety systems and renovation, considered
				  necessary for maintaining generally accepted standards of instruction, living
				  arrangements outside of the classrooms, protection of the health and safety of
				  State-appointed students and the preservation of the physical plant, may be
				  approved, provided that application to the commissioner is made in advance of
				  the incurring of any obligation. Emergency repairs not exceeding $2,500 may be
				  made without prior approval, but the nature and extent of such repairs shall be
				  promptly reported to the commissioner.
(g) Research activities, programs for
				  nonstate-appointed students and all other activities with accompanying income
				  and expenditures determined not to be a part of the educational program offered
				  to State-appointed students will not be considered in determining State
				  support.
(h) The governing board,
				  by resolution adopted during the fiscal year it received a gift or bequest, may
				  restrict such funds for capital use or other programs which are not
				  State-supported. The board may, by similar resolution, restrict such funds to
				  provide merit supplements to the salaries of staff approved by the commissioner
				  for State-appointed students. Such supplements shall be excluded from any
				  overhead charges. Copies of the resolutions restricting the use of funds from
				  private sources and annual income derived from such funds, and a designation of
				  funds from private sources that have been restricted by the donor, shall be
				  filed with the commissioner as part of the report of expenditures submitted for
				  final payment.
(i) The submission
				  of the claim for final payment shall be accompanied by a report of income and
				  expenditures. Income shall include all funds from governmental agencies and
				  private sources, including income derived from capital assets. Expenditures
				  shall include the cost of services and programs for State-appointed students as
				  well as the cost of other services and programs administered by the
				  school.
(j) State-operated and
				  State-supported schools shall maintain adequate accounting records clearly
				  setting forth the expenses allocable to approved programs and to those
				  additional programs which are not subject to reimbursement.
(k) The accounting records of State-operated
				  and State-supported schools shall be subject to audit and review at times
				  designated by the commissioner and the Department of Audit and
				  Control.
(l) All payments made to
				  the State-operated and State-supported schools and to approved facilities will
				  be in accordance with actual expenditures incurred during the school year for
				  which State payment is sought. Final expenditures are subject to audit by the
				  Department of Audit and Control.
(m) All facilities educating deaf infants
				  pursuant to Education Law section 4204-a shall, in addition, submit quarterly
				  reports of each deaf infant's attendance in accordance with Education Law,
				  section
				  4204-a (2) and semiannual reports of each
				  deaf infant's progress.
(n) All
				  facilities educating deaf infants pursuant to Education Law section 4204-a
				  which are eligible to receive financial assistance through the Department of
				  Health for Medicaid patients or for infants approved under the medical
				  rehabilitation program shall seek such assistance for each infant. Infants who
				  are eligible for reimbursement under private insurance or other public health
				  agencies shall not be eligible for tuition assistance. Where educational
				  programming for the deaf infant includes parent orientation sessions which are
				  not eligible for support by the Department of Health or other State or local
				  agencies, the facility may claim that support from the Education Department
				  providing that the facility is approved pursuant to section
				  200.7 
				  of this Part.