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 200.9 - Tuition rates for approved programs educating students with disabilities ages 3 to 21 years old who have been enrolled pursuant to articles 81 and 89 of the education law

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definitions. As used in this section:
(1)
				  Approved program means a program that provides special education to students
				  with disabilities requiring the establishment of a tuition rate, in accordance
				  with sections 4003, 4401, 4403, 4405, 4408 and
				  4410  of the Education Law.
(2) Arm's-length transaction means one
				  entered into by independent and unrelated persons in a good faith transaction
				  between a willing buyer and a willing seller.
(3) Base year means the July 1st through June
				  30th fiscal period that is used as the basis for tuition rate calculations. It
				  is two years prior to the tuition rate year, as defined in paragraph (26) of
				  this subdivision.
(4) Base year
				  data means the program and financial information that corresponds to the base
				  year.
(5) Budget based rate means a
				  tuition rate calculated for an approved program based on budgetary information
				  submitted by the program.
(6)
				  Student with a disability means a student with a disability as such term is
				  defined in section
				  200.1(zz) 
				  of this Part, or a preschool student with a disability, as such term is defined
				  in section
				  200.1(mm) 
				  of this Part.
(7) Compliance issue
				  means a condition identified by the commissioner's designated representative,
				  whereby a program is determined to be out of compliance with one or more State
				  or Federal statutes or regulations.
(8) Compliance review means a review
				  initiated by the commissioner's designated representative for the purpose of
				  determining whether a compliance issue, as defined in paragraph (7) of this
				  subdivision, exists.
(9) Corrected
				  rate means a tuition rate that has been adjusted due to a mathematical or
				  reporting error either in the tuition rate calculation or an error in the
				  financial report data submitted to the commissioner.
(10) Cost center means revenues and expenses,
				  as well as statistical and other information relating to a specific program or
				  functional purpose.
(11) Direct
				  care cost means a cost associated with the provision of instruction and related
				  services to students with disabilities.
(12) Full-time-equivalent (FTE) enrollment
				  shall have the same meaning as such term is defined in section
				  175.6 
				  of this Title.
(13) Insufficient
				  resources means a condition whereby a program as currently structured does not
				  meet applicable State or Federal statutes or regulations for the population
				  being served and that the reassignment of existing staff or reallocation of
				  program resources currently allocated for other needs would not bring the
				  program into compliance.
(14)
				  Less-than-arm's-length transaction means one between the program or related
				  entity and anyone who serves as part of the management or as a volunteer or
				  employee of the program or related entity, or any of the following relations of
				  such persons: spouse, former spouse, child or descendent, parent or ancestor,
				  sibling, or spouse of descendent, ancestor or sibling. Also included are
				  dealings with partnerships of which such persons are partners or employees, or
				  with corporations of which any such person is an officer, director or trustee,
				  or in which any such person owns more than 10 percent of the stock.
(15) Nondirect care cost means a cost that is
				  attributable to the administration or the operation and maintenance of the
				  physical plant, as each pertains to the approved special education
				  program.
(16) Nondirect care cost
				  parameter means the limit on reimbursable nondirect care costs before
				  application of applied revenues and the total cost screen.
(17) Off-year means the July 1st through June
				  30th fiscal year subsequent to the base year and preceding the tuition rate
				  year.
(18) Per diem rate means the
				  tuition rate, as defined in paragraph (25) of this subdivision, on a per care
				  day basis. The per diem rate is calculated by dividing the total reimbursable
				  costs by the total care days.
(19)
				  Rate based on audit means a tuition rate that has been calculated based on a
				  final audit of actual program expenses, revenues, enrollment data and other
				  relevant program information performed by the commissioner, the State
				  Comptroller, other State agencies or agencies or subdivisions of other states,
				  or a municipality in accordance with section
				  200.18 
				  of this Part.
(20) Reconciliation
				  rate means a tuition rate that has been calculated using actual program and
				  financial data with the applicable reimbursement methodology applied.
(21) Site visit means an on-site programmatic
				  review conducted by the commissioner's designated representative.
(22) Special class means a class, as such
				  term is defined in section
				  200.1(uu) 
				  of this Part.
(23) Total care days
				  means the number of days a program operates in a given year multiplied by the
				  full-time-equivalent student enrollment in that year.
(24) Total cost screen means a control
				  measure within the reimbursement methodology that controls material
				  fluctuations in tuition rates from year to year. The two components of the
				  total cost screen are the hold harmless component and the rate growth
				  component.
(25) Tuition rate means
				  the per pupil amount to be used for billing public tuition funding sources for
				  full-time-equivalent students enrolled in an approved special education
				  program. The rate shall be established based on the requirements as stated in
				  this section.
(26) Tuition rate
				  year means the July 1st through June 30th fiscal year for which a tuition rate
				  is calculated that is two years subsequent to the base year, unless it is a
				  budget based rate, reconciliation rate or rate based on audit.