New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 174 - Computation Of Tuition Charges › Section 174.2 - Computation of tuition charges for nonresident pupils

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this section shall apply to all contracts
					 for the reimbursement of a school district which provides instruction to a
					 nonresident pupil. The charge for the instruction of each nonresident pupil
					 shall not exceed the actual net cost of educating such pupil. If the accounting
					 records of the school district providing such instruction are not maintained in
					 a manner which would indicate the net cost of educating such pupil, a board of
					 education, board of trustees or sole trustee of each school district shall
					 compute the tuition to be charged for the instruction of each nonresident pupil
					 admitted to the schools of such district, or for the education of whom such
					 district contracts with a board of cooperative educational services, in
					 accordance with the following formulae:
(a) The tuition to be charged by a school
				  district which provides full-day instruction for each nonresident pupil shall
				  be computed as follows:
(1) The total general
				  fund appropriation shall be ascertained from the district budget for the school
				  year. The amount of such appropriation shall be reduced by the amount of the
				  appropriations for transportation, including debt service for buses, adult
				  education, special schools, community services, and any other appropriations
				  which do not benefit such student. General fund revenue and interfund revenue,
				  as well as Federal aid which is not paid to the district on behalf of such
				  nonresident pupil, shall also be deducted from such total general fund
				  appropriation.
(2) The cost of
				  instruction for such pupil shall be determined on the basis of such total
				  general fund appropriation, as reduced in accordance with the provisions of
				  paragraph (1) of this subdivision, which is attributable to each of the
				  following four categories: half-day kindergarten, full-day kindergarten through
				  grade six, grades 7 through 12, and special educational programs for pupils
				  with handicapping conditions. If the records of the school district do not
				  accurately reflect the actual appropriation in each of such categories, such
				  total general fund appropriation shall be distributed in the same proportion as
				  the cost of teachers' salaries in each category bears to the total amount of
				  teachers' salaries on a district-wide basis.
(3) The net amount of State aid received by
				  the school district, as defined in this paragraph, shall be distributed among
				  the categories set forth in paragraph (2) of this subdivision in the same
				  proportion that the average daily membership in each of such categories bears
				  to the average daily membership for the school district. For the purposes of
				  this section, such average daily membership shall be computed in accordance
				  with the provisions of paragraph l of subdivision 1 of section 3602  of the Education Law, except that for
				  the purpose of this computation the enrollment of pupils attending under the
				  provisions of paragraph c of subdivision 2 of section 4401  of
				  the Education Law and the equivalent attendance of the school district, as
				  computed pursuant to paragraph d of subdivision 1 of section 3602  of the Education Law, shall not be
				  included in such computation. For the purposes of this section, net State aid
				  shall include aid received in the general fund for operating expenses,
				  textbooks, experimental programs, educational television, county vocational
				  boards and boards of cooperative educational services, building aid, and other
				  forms of State aid as approved by the department for inclusion herein, but
				  shall not include transportation aid. Net State aid shall also include the sum
				  which is withheld from the school district for payment to the teacher's
				  retirement fund.
(4) The net cost
				  of instruction in each category shall be ascertained by subtracting the State
				  aid attributed to such category pursuant to paragraph (3) of this subdivision
				  from the appropriation for such category computed in accordance with paragraphs
				  (1) and (2) of this subdivision.
(5) The maximum nonresident pupil tuition
				  which may be charged shall be determined by dividing the net cost of
				  instruction of pupils in each category by the estimated average daily
				  membership of pupils in each category.
(6) Refunds or additional charges shall be
				  made at the conclusion of the school year based upon actual revenues,
				  expenditures and average daily membership.