New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 175 - State Aid › Section 175.8 - State reimbursement for education of certain pupils

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The reimbursement to be made to a school
				  district pursuant to paragraphs (a) and (b) of subdivision 6 of section 3202  of the Education Law for the
				  instruction of a pupil who formerly resided in a school for the mentally
				  retarded operated by the Department of Mental Hygiene and who has been placed
				  in a family home at board, a duly incorporated orphan asylum or other
				  institution for the care and custody of children shall equal the actual net
				  cost of educating such pupil. However, if the accounting records of the school
				  district educating the pupil are not maintained in a manner which would
				  indicate the actual net cost of such education, the board of education, the
				  board of trustees or sole trustee of the school district shall compute the
				  amount of such reimbursement using the method set forth in section
				  174.2 
				  of this Chapter. In instances where pupils are placed in private schools,
				  tuition as approved under paragraph (d) of subdivision 3 of section 4405  of the Education Law shall be used as
				  the amount of reimbursement under this section. For aid payable in the 1979-80
				  school year and thereafter, State reimbursement may also be received by a
				  school district for costs incurred by the district committee on special
				  education in the identification, evaluation, placement and review of such
				  pupils with handicapping conditions, for costs incurred by the district in
				  providing the procedural safeguards required by section
				  200.5  of
				  this Title, and for such other related costs as may be approved by the
				  commissioner. State reimbursement for such costs shall be subject to the
				  approval of the commissioner and shall be payable on a per-pupil basis.
				  Administrative costs actually incurred by a school district as a result of the
				  attendance of such pupils may also be reimbursed. Such costs may include
				  clerical costs incurred in the provision of educational services to such pupils
				  and such other costs as may be approved by the commissioner. State
				  reimbursement for administrative costs for each pupil shall be subject to
				  approval by the commissioner and shall not exceed five percent of the approved
				  tuition cost for such pupil.
(b)
				  The reimbursement to be made to a school district by the Education Department
				  pursuant to paragraph (c) of subdivision 6 of section 3202  of the Education Law, for the
				  instruction of a pupil who resides in a school for the mentally retarded
				  operated by the Office of Mental Retardation and Developmental Disabilities,
				  and who is receiving educational and related services in the schools of the
				  district where such school for the mentally retarded is located, shall equal
				  the actual net cost of such educational and related services, other than
				  transportation, for the child. If the accounting records of the school district
				  educating the child are not maintained in a manner which would indicate the
				  actual net cost of such instruction, the board of education, the board of
				  trustees or sole trustee of the school district shall compute the amount of
				  such reimbursement using the method set forth in section
				  174.2 
				  of this Chapter. For aid payable in the 1979-80 school year and thereafter,
				  State reimbursement may also be received by a school district for costs
				  incurred by the district committee on special education in the identification,
				  evaluation, placement and review of such pupils with handicapping conditions,
				  for costs incurred by the district in providing the procedural safeguards
				  required by section
				  200.5  of
				  this Title, and for such other related costs as may be approved by the
				  commissioner. State reimbursement for such costs shall be subject to the
				  approval of the commissioner and shall be payable on a per-pupil basis.
				  Administrative costs actually incurred by a school district as a result of the
				  attendance of such pupils may also be reimbursed. Such costs may include
				  clerical costs incurred in the provision of educational services to such pupils
				  and such other costs as may be approved by the commissioner. State
				  reimbursement for administrative costs for each pupil shall be subject to
				  approval by the commissioner and shall not exceed five percent of the approved
				  tuition cost for such pupil.
(c)
				  The reimbursement to be made by the Education Department pursuant to paragraph
				  (d) of subdivision 5 of section 3202  of the Education Law, for the
				  instruction of a pupil who resides in an intermediate care facility or in an
				  individualized residential alternative, either private or State- operated,
				  shall equal the actual net cost of educating such pupil and transporting such
				  pupil to and from school once daily. However, if the accounting records of the
				  school district educating the pupil are not maintained in a manner which would
				  indicate the actual net cost of such education, the board of education, the
				  board of trustees or sole trustee of the school district shall compute the
				  amount of such reimbursement using the method set forth in section
				  174.2 
				  of this Title. In instances where pupils are placed in private schools, tuition
				  as approved under paragraph (d) of subdivision 3 of section 4405  of the Education Law shall be used as
				  the amount of reimbursement under this section. For aid payable in the 1983-84
				  school year and thereafter, school districts may include in such actual net
				  cost, costs incurred by the district committee on special education in the
				  identification, evaluation, placement and review of such pupils with
				  handicapping conditions, costs incurred by the district in providing the
				  procedural safeguards required by section
				  200.5  of
				  this Title, and such other related costs as may be approved by the
				  commissioner. Reimbursement for such costs shall be subject to the approval of
				  the commissioner and shall be payable on a per- pupil basis. Administrative
				  costs actually incurred by a school district as a result of the attendance of
				  such pupils may also be included. Such administrative costs may include
				  clerical costs incurred in the provision of educational services to such
				  pupils, and such other costs as may be approved by the commissioner.
				  Reimbursement for administrative costs incurred by the school district for each
				  pupil shall be subject to approval by the commissioner, and shall not exceed
				  five percent of the approved tuition cost for such pupil.