N.Y. Education Law § 3609-b: Moneys apportioned for students with disabilities, when and how payable

§ 3609-b. Moneys apportioned for students with disabilities, when and

how payable. Moneys apportioned to school districts for the excess cost

aid setaside pursuant to subdivision four of section thirty-six hundred

two of this article and the apportionments for students with

disabilities due in accordance with the provisions of subdivisions five

and five-a of section thirty-six hundred two of this article and section

forty-four hundred five of this chapter, shall be paid to or on behalf

of school districts in accordance with the provisions of this section,

provided, however, that payments made to or on behalf of any school

district pursuant to this section shall be adjusted subsequent to the

filing, in an acceptable manner, of aid claim forms prescribed by the

commissioner.

For aid payable in the two thousand seven--two thousand eight school

year and thereafter, "moneys apportioned" shall mean the sum of; (i) the

lesser of (A) one hundred percent of the respective amount set forth for

each school district as payable pursuant to this section in the school

aid computer listing for the current year, as defined in the opening

paragraph of section thirty-six hundred nine-a of this article, or (B)

the apportionment calculated by the commissioner for the current year

based on data on file at the time the payment is processed plus (ii) the

excess cost aid setaside computed pursuant to subdivision four of

section thirty-six hundred two of this article, based on data utilized

in producing such school aid listing for the current year. The

definitions "base year" and "current year" as set forth in subdivision

one of section thirty-six hundred two of this article shall apply to

this section.

1. Assignment of certain moneys. a. Any moneys to be apportioned by

the commissioner to school districts during the school year pursuant to

this section for services provided on or before June thirtieth, two

thousand nine that were reimbursed by the state on or before April

first, two thousand eleven shall, in the first instance, be designated

as the state share of moneys due a school district pursuant to title XIX

of the social security act, on account of school supportive health

services provided to students with disabilities in special education

programs pursuant to article eighty-nine of this chapter and to those

pupils who are qualified handicapped persons as defined in the federal

rehabilitation act of nineteen hundred seventy-three, as amended. Some

or all of such state share may be assigned on behalf of school districts

to the department of health, as provided herein; any remaining state

share moneys shall be paid to school districts on the same schedule as

the federal share of such title XIX payments and shall be based on the

monthly report of the commissioner of health to the commissioner; and

any remaining moneys to be apportioned to a school district pursuant to

this section shall be paid in accordance with the provisions of

subdivision two of this section. The amount to be assigned to the

department of health, as determined by the commissioner of health, for

any school district shall not exceed the federal share of any moneys due

such school district pursuant to title XIX. Moneys designated as state

share moneys shall be paid to such school districts based on the

submission and approval of claims related to such school supportive

health services, in the manner provided by law.

a-1. Any moneys to be apportioned by the commissioner to school

districts during the school year 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, shall, in the first instance, be designated as the state share

of moneys due a school district pursuant to title XIX of the social

security act, on account of school supportive health services provided

to students with disabilities in special education programs pursuant to

article eighty-nine of this chapter and to those pupils who are

qualified handicapped persons as defined in the federal rehabilitation

act of nineteen hundred seventy-three, as amended. Such state share

shall be assigned on behalf of school districts to the department of

health, as provided herein; the amount designated as such nonfederal

share shall be transferred by the commissioner to the department of

health based on the monthly report of the commissioner of health to the

commissioner; and any remaining moneys to be apportioned to a school

district pursuant to this section shall be paid in accordance with the

provisions of subdivision two of this section. The amount to be assigned

to the department of health, as determined by the commissioner of

health, for any school district shall not exceed the federal share of

any moneys due such school district pursuant to title XIX. Moneys

designated as state share moneys shall be paid to such school districts

by the department of health based on the submission and approval of

claims related to such school supportive health services, in the manner

provided by law.

b. Any moneys remaining to be apportioned to a school district

pursuant to this section shall, in the second instance, be used to

reimburse the commissioner for any moneys due from a school district

found to be financially responsible, in accordance with the provisions

of paragraph e of subdivision four of section thirty-two hundred two of

this chapter, for the cost of instruction of a student with a disability

placed by a local social services district or other state department or

agency in a family home at board that receives program support from a

child care institution affiliated with a special act school district

which is located in another school district which contracts for the

education of such student, upon the recommendation of its committee on

special education, for the instruction of such student pursuant to

paragraph c, d, e or f of subdivision two of section forty-four hundred

one of this chapter or for a nonresidential placement pursuant to

paragraph one of such subdivision. In the event that a district owes

more than the moneys remaining to be apportioned to the district

pursuant to this section, the commissioner shall withhold such excess

from any other moneys due the district.

2. Payments to school districts. a. The moneys apportioned by the

commissioner to school districts in accordance with the provisions of

subdivisions five and five-a of section thirty-six hundred two of this

article and section forty-four hundred five of this chapter and the

moneys apportioned to school districts for the excess cost aid setaside

pursuant to subdivision four of section thirty-six hundred two of this

article, during the school year and remaining due after deductions are

made for the purposes of subdivision one of this section, shall be

payable, for the two thousand seven--two thousand eight school year and

thereafter in accordance with the following schedule:

(1) December payment. On or before December fifteenth, a portion shall

be paid equal to the positive remainder of twenty-five percent of the

moneys apportioned less any payments made pursuant to paragraph a of

subdivision one of this section for the current year.

(2) March payment. On or before March fifteenth, a portion shall be

paid equal to the positive remainder of seventy percent of the moneys

apportioned less any payments made pursuant to paragraph a of

subdivision one of this section and subparagraph one of this paragraph

for the current year.

(3) June payment. On or before June fifteenth, a portion shall be paid

equal to the positive remainder of eighty-five percent of the moneys

apportioned less any payments made pursuant to paragraph a of

subdivision one of this section and subparagraphs one and two of this

paragraph for the current year.

(4) August payment. To the extent that any moneys are owed to a school

district pursuant to this section, a portion shall be paid on or before

August fifteenth equal to the positive remainder of one hundred percent

of the moneys apportioned less any payments made pursuant to paragraph a

of subdivision one of this section and subparagraphs one, two and three

of this paragraph for the current year.

(5) Deferred September payment. Any amount payable to a school

district pursuant to this section which exceeded one hundred percent of

the respective amount set forth for such district as payable pursuant to

this section in the school aid computer listing for the current school

year shall be designated for payment for the month of September next

following the close of the current school year. Such payments shall be

made on the first state business day of the month of September, based on

data on file as of August first; provided however, that for the

September two thousand six payment such calculation shall be based on

the computer listing for the current year using data on file as of

August first.

b. Such moneys shall be payable to the treasurer of each city school

district, and the treasurer of each union free school district and of

each central school district and of each other school district, if there

be a treasurer, otherwise to the collector or other disbursing officer

of such district or board of cooperative educational services, who shall

apply for and receive the same as soon as payable. In the case of city

school districts of cities with one hundred twenty-five thousand

inhabitants or more, any payment which pursuant to this section is

required to be made to the treasurer of the city school district, shall

be made to the city treasurer or chamberlain.

3. Due minimum supplemental apportionment. Notwithstanding any

inconsistent provisions of subdivisions five and five-a of section

thirty-six hundred two of this article and section forty-four hundred

five of this chapter, for the two thousand seven--two thousand eight

school year and thereafter, the due minimum supplemental apportionment

shall equal the positive remainder resulting when the sum of the

apportionments due a school district pursuant to such subdivisions five

and five-a and such section forty-four hundred five for any school year

and, the moneys apportioned for the excess cost aid setaside pursuant to

subdivision four of section thirty-six hundred two of this article, is

subtracted from the amount designated as the state share of moneys due a

school district pursuant to title XIX of the social security act, on

account of school supportive health services provided to pupils with

disabilities in special education programs pursuant to article

eighty-nine of this chapter as determined in accordance with the

provisions of subdivision one of this section. Any additional

apportionment pursuant to this subdivision shall be computed and

recomputed by the commissioner in the normal course of auditing school

district claims for aid.

4. In addition to any other payments due a district pursuant to this

section, the commissioner shall also reimburse districts for any amounts

due in accordance with the provisions of paragraph e of subdivision four

of section thirty-two hundred two of this chapter as follows:

a. thirty-five percent of any amounts due shall be payable on or

before December fifteenth;

b. seventy percent of any amounts due, minus any payment made pursuant

to paragraph a of this subdivision, shall be payable on or before March

fifteenth; and

c. any remaining amount due shall be payable on or before June

fifteenth.