N.Y. Education Law § 4408: Payment for July and August programs for students with disabilities

§ 4408. Payment for July and August programs for students with

disabilities. 1. State aid. The commissioner shall make payments for

approved July and August programs for students with disabilities in

accordance with this section in an amount equal to eighty percent of the

sum of the approved tuition and maintenance rates and the transportation

expense for the current year enrollment of students with disabilities

ages five through twenty-one or students eligible for services during

July and August pursuant to article eighty-five, eighty-seven or

eighty-eight of this chapter, where such costs are determined pursuant

to section forty-four hundred five of this article, provided that the

placement of such students was approved by the commissioner, if

required. Such programs shall operate for six weeks and shall be funded

for thirty days of service, provided, however, that the observance of

the legal holiday for Independence day may constitute a day of service.

Upon certification by the school district in which the student resides,

that such services were provided, such payment shall be made to the

provider of such services, in accordance with the provisions of

subdivision three of this section.

2. Chargeback to a municipality. Ten percent of the approved cost of

July and August services provided pursuant to this section for each

student shall be a charge against the municipality in which the parent,

or person in parental relationship to such student, resided on July

first of the school year in which such services were provided. The

comptroller shall deduct from any state funds which become due to a

municipality an amount equal to such ten percent required in accordance

with this subdivision which amount shall be credited to the local

assistance account of the state education department as designated by

the division of the budget.

3. Payment schedule. For aid payable in the two thousand six--two

thousand seven school year, moneys appropriated annually to the

department from the general fund - local assistance account under the

office of prekindergarten through grade twelve education program for

July and August programs for students with disabilities, shall be used

as follows: (i) for remaining base year and prior school years

obligations, (ii) for the purposes of subdivision four of this section

for schools operated under articles eighty-seven and eighty-eight of

this chapter, and (iii) notwithstanding any inconsistent provisions of

this chapter, for payments made pursuant to this section for current

school year obligations, provided, however, that such payments shall not

exceed seventy percent of the state aid due for the sum of the approved

tuition and maintenance rates and transportation expense provided for

herein; provided, however, that payment of eligible claims shall be

payable in the order that such claims have been approved for payment by

the commissioner, but in no case shall a single payee draw down more

than forty-five percent of the appropriation provided for the purposes

of this section, and provided further that no claim shall be set aside

for insufficiency of funds to make a complete payment, but shall be

eligible for a partial payment in one year and shall retain its priority

date status for appropriations provided for this section in future

years.

4. Of the amount so appropriated to the department for the July and

August programs for schools operated under articles eighty-seven and

eighty-eight of this chapter, an amount shall be transferred to the

special revenue funds - other, Batavia school for the blind and Rome

school for the deaf accounts, pursuant to a plan to be developed by the

commissioner and approved by the director of the budget for students

with disabilities attending July and August programs pursuant to this

section at such schools pursuant to such articles. Such amount shall be

determined by the tuition and maintenance rates and the total number of

students with disabilities approved by the commissioner for placement

for the July and August program. The commissioner shall establish the

methodology for computation of such tuition and maintenance rates for

each school which shall take into account all pertinent expenditures

including administration, direct care staff, nondirect care staff and

other than personal service costs.

5. State share. In accordance with the provisions of subparagraph four

of paragraph b of subdivision one of section thirty-six hundred nine-a

of this chapter for services provided during the two thousand eight--two

thousand nine and prior school years, any moneys due the school district

shall be reduced by an amount equal to fifty percent of any federal

participation, pursuant to title XIX of the social security act, in

special education programs provided 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, such state share shall be designated and transferred

pursuant to section thirty-six hundred nine-b of this chapter.

6. Notwithstanding any other provision of law to the contrary, no

payments shall be made by the commissioner pursuant to this section on

or after July first, nineteen hundred ninety-six based on a claim

submitted later than three years after the end of the school year in

which services were rendered, provided however that no payment shall be

barred or reduced where such payment is required as a result of a court

order or judgment or a final audit.