N.Y. Education Law § 4003: Annual tuition and maintenance reimbursement procedures

§ 4003. Annual tuition and maintenance reimbursement procedures. 1.

The commissioner of education, the commissioner of social services, and,

when appropriate, the commissioner of mental health shall develop

reimbursement methodologies for the tuition and maintenance components

of child care institutions and special act school districts. The

commissioner of education, in consultation with the appropriate state

agencies and departments, shall have responsibility for developing a

reimbursement methodology for tuition which shall be based upon

appropriate educational standards promulgated pursuant to regulations of

the commissioner of education. The commissioner of social services,

except for institutions for which the state health department or the

office of mental health establishes maintenance rates, in consultation

with appropriate state agencies and departments, shall have

responsibility for developing a reimbursement methodology for

maintenance, pursuant to section three hundred ninety-eight-a of the

social services law and the regulations promulgated thereunder.

2. The director of the budget, in consultation with the commissioner

of education, the commissioner of social services, the commissioner of

health, the commissioner of mental health, and any other state agency or

other source he may deem appropriate, shall approve reimbursement

methodologies for tuition and maintenance. Any modification in any such

methodology which has previously been approved shall be subject to the

approval of the director of the budget.

3. Effective upon final approval by the director of the budget of

reimbursement methodologies for both tuition and maintenance, the

commissioner of education shall annually determine a tuition rate in

conformance with this section for each special act school district or

private school operated by a child care institution.

4. Effective upon final approval by the director of the budget of the

reimbursement methodologies for both tuition and maintenance, the

commissioner of social services shall annually determine a maintenance

rate and a medical services rate for each child care institution in

accordance with this section and regulations of the commissioner of

social services.

5. All reimbursement rates determined pursuant to this section shall

be effective for the period July first through June thirtieth. Rates for

the following year shall be submitted no later than April fifteenth to

the director of the budget. The director of the budget shall act upon

such rates within forty-five days of submission. Such rates shall not

become effective until approved by the director of the budget. In the

event that the rates are approved after July first, then such rates

shall be deemed to apply retroactively to such date.

6. All reimbursements shall be subject to adjustment and final

determination upon field audit conducted by the comptroller, the state

education department, the department of social services or any agent

thereof.

7. The commissioner of education, the commissioner of social services

and the director of the budget, in consultation with other appropriate

state agencies and departments, shall enter into an interagency

agreement to assure effective implementation of the provisions of this

section. The agreement shall provide for, but not be limited to, the

development of common accounting practices and audit procedures, common

information and budget forms, coordinated financial and other reporting

requirements for child care institutions, mechanisms for resolving

appeals of rates established pursuant to this section and mechanisms to

evaluate and recommend modification to reimbursement methodologies.