N.Y. Education Law § 4410-b: Use of certain federal funds

§ 4410-b. Use of certain federal funds. 1. Definitions. For purposes

of this section:

a. "Approved preschool special education program" shall mean a public

or private agency which has been approved by the commissioner as a

provider of special education programs or services to preschool students

with disabilities pursuant to subdivision nine of section forty-four

hundred ten of this article or pursuant to article eighty-five of this

chapter.

b. "Base year" shall mean the school year next preceding the school

year in which funds are sub-allocated pursuant to this section.

c. "IEP team" means a committee on special education, a subcommittee

on special education, a committee on preschool special education or a

subcommittee on preschool special education.

d. "Public or private agency" shall mean an approved preschool special

education program, or a state-supported school operating pursuant to

article eighty-five of this chapter, or an approved private

non-residential or residential school that provides special services or

programs pursuant to subdivision two of section forty-four hundred one

of this article. Such term shall not include an individual providing

related services only to preschool students with disabilities pursuant

to section forty-four hundred ten of this article. Such term shall

include a board of cooperative educational services only to the extent

it is an approved preschool special education program, and only for

those students provided special education programs or services pursuant

to section forty-four hundred ten of this article.

2. Preschool grants for children with disabilities. Each school

district receiving an allocation of funds pursuant to section six

hundred nineteen of the individuals with disabilities education act for

the nineteen hundred ninety-nine--two thousand school year or any

subsequent school year shall sub-allocate such funds in accordance with

this subdivision to other public and private agencies providing special

education services to students ages three to five who were placed in

such agency by the school district's IEP team. For school years prior to

two thousand six--two thousand seven, such sub-allocations shall be made

on a per capita basis, based upon the number of students three to five

years of age who were placed in such agency by the school district's IEP

team and are served by the public or private agency as of December first

of the base year, as reported to the commissioner; and, for school years

two thousand six--two thousand seven and thereafter, such

sub-allocations shall be made on a per capita basis, based upon the

number of students three to five years of age who were placed in such

agency by the school district's IEP team and who are receiving special

education programming and instruction from the public or private agency

as of December first of the base year, as reported to the commissioner,

and according to a formulae based upon the number of students three to

five years of age who are receiving related services only from the

public or private agency as of December first of the base year, as

reported to the commissioner, such that such sub-allocation shall be in

an amount determined in accordance with the provisions of this

subdivision; provided, however, that for the nineteen hundred

ninety-nine--two thousand school year, the sub-allocation payable to

each public or private agency shall not be less than five hundred

forty-eight dollars per pupil. For the school year two thousand six--two

thousand seven, the per capita sub-allocation shall be adjusted whereby

each student three to five years of age who was placed in an agency by

the school district's IEP team and who is receiving special education

programming and instruction therefrom shall be counted as one per capita

and each such student who is receiving related services only from such

public or private agency shall be counted as two-thirds of a per capita,

for purposes of determining such per capita sub-allocation for such

school year and that for the school year two thousand seven--two

thousand eight and thereafter, shall be counted as one-third for the

purposes of determining the per capita sub-allocation for such school

year; provided, however, that any municipality which, prior to July

first, two thousand three, operated an approved special education

itinerant teacher program for students three to five years of age who

were placed in such program by a school district's IEP team, shall be

deemed to be a public or private agency for purposes of this section and

the sub-allocation directed by this subdivision shall be made on a per

capita basis, based upon the number of students, three to five years of

age who are receiving special education programming and instruction and

related services only therefrom. In the event the total amount allocated

to any school district pursuant to such section six hundred nineteen for

the nineteen hundred ninety-nine--two thousand school year is

insufficient to pay such sub-allocations at the required per pupil

level, the school district may apply to the department for a

supplemental allocation of funds in the amount of such deficiency from

the state allocation received pursuant to such section six hundred

nineteen. Payments of such sub-allocation shall be made in the same

proportion as such funds are paid to the school district by the state,

within thirty days after: (i) the school district receives any portion

of its allocation of funds for the current year pursuant to section six

hundred nineteen of the individuals with disabilities education act; or

(ii) the school district receives an application for a sub-allocation by

a public or private agency, or, for the nineteen hundred

ninety-nine--two thousand school year only, the school district receives

notice from the commissioner that such an application for a

sub-allocation has been filed with the commissioner, whichever occurs

later.

3. Federal flow-through funds. Each school district receiving an

allocation of funds pursuant to section six hundred eleven of the

individuals with disabilities education act for the nineteen hundred

ninety-nine--two thousand school year or any subsequent school year

shall sub-allocate such funds in accordance with this subdivision to

other public and private agencies providing special education services

to students ages three to twenty-one who were placed in such agency by

the school district's IEP team. For school years prior to two thousand

six--two thousand seven, such sub-allocations shall be made on a per

capita basis, based upon the number of students three to twenty-one

years of age who were placed in such agency by the school district's IEP

team and were served by the public or private agency as of December

first of the base year, as reported to the commissioner; and, for the

school year two thousand six--two thousand seven and thereafter, such

sub-allocations shall be made on a per capita basis, based upon the

number of students three to twenty-one years of age who were placed in

such agency by the school district's IEP team and who were receiving

special education programming and instruction from the public or private

agency as of December first of the base year, as reported to the

commissioner, and according to a formulae based upon the number of

students three to twenty-one years of age who were receiving related

services only from the public or private agency as of December first of

the base year, as reported to the commissioner, such that such

sub-allocation shall be in an amount determined in accordance with the

provisions of this subdivision. For the school year two thousand

six--two thousand seven, the per capita sub-allocation shall be adjusted

whereby each student three to twenty-one years of age who was placed in

an agency by the school district's IEP team and who is receiving special

education programming and instruction therefrom shall be counted as one

per capita and each such student who is receiving related services only

from such public or private agency shall be counted as two-thirds of a

per capita, for purposes of determining such per capita sub-allocation

for such school year and that for the school year two thousand

seven--two thousand eight and thereafter, shall be counted as one-third

for the purposes of determining the per capita sub-allocation for such

school year; provided, however, that any municipality which, prior to

July first, two thousand three, operated an approved special education

itinerant teacher program for students three to five years of age who

were placed in such program by a school district's IEP team, shall be

deemed to be a public or private agency for purposes of this section and

the sub-allocation directed by this subdivision shall be made on a per

capita basis, based upon the number of students, three to twenty-one

years of age who are receiving special education programming and

instruction and related services only therefrom. Payments of such

sub-allocation shall be made in the same proportion as such funds are

paid to the school district by the state within thirty days after: (i)

the school district receives any portion of its allocation of funds for

the current year pursuant to section six hundred eleven of the

individuals with disabilities education act; or (ii) the school district

receives an application for a sub-allocation by a public or private

agency, or, for the nineteen hundred ninety-nine--two thousand school

year only, the school district receives notice from the commissioner

that such an application for a sub-allocation has been filed with the

commissioner; whichever occurs later.

4. Charter schools. Notwithstanding the provisions of subdivisions two

and three of this section, any sub-allocation of funds received pursuant

to sections six hundred eleven and six hundred nineteen of the

individuals with disabilities education act shall be made in accordance

with section twenty-eight hundred fifty-six of this chapter and the

regulations of the commissioner implementing such section.

5. Carryover funds. In addition to the sub-allocations required

pursuant to subdivisions two and three of this section, each school

district receiving carryover funds from the nineteen hundred

ninety-eight--ninety-nine allocation pursuant to sections six hundred

eleven and six hundred nineteen of the individuals with disabilities

education act shall sub-allocate such carryover funds pursuant to this

subdivision to public and private agencies that have their chief

administrative offices located within the school district and have

carryover funds remaining from such allocation. Such sub-allocations

shall be made in the amounts determined by the commissioner in

accordance with procedures established by the commissioner. In the event

such a public or private agency has its chief administrative offices

located outside of the state, such agency may designate any school

district having resident students attending its programs as the district

responsible for sub-allocation of its nineteen hundred

ninety-eight--ninety-nine carryover funds pursuant to this subdivision.

6. Unobligated funds. Notwithstanding any other provision of law to

the contrary, funds sub-allocated to public and private agencies

pursuant to subdivisions two and three of this section for any school

year that are neither obligated by the last day of the project year nor

expended consistent with procedures established by the commissioner

shall be carried over to the following school year and shall be made

available to such agencies in accordance with procedures established by

the commissioner, commencing in July and August of such following school

year.

7. Funds; failure to apply. Any school district that fails to apply

for its full allocation of funds pursuant to both sections six hundred

eleven and six hundred nineteen of the individuals with disabilities

education act by a date to be prescribed by the commissioner shall

nevertheless be required to make sub-allocations to public or private

agencies pursuant to this section using local funds, based on the full

amount that the school district was eligible to receive, as if the

district had received an allocation of federal funds on such date.

8. Reporting requirements. a. Each public or private agency that

receives a sub-allocation of funds pursuant to this section shall submit

an annual cost report in a form approved by the commissioner.

b. The commissioner shall, in consultation with representatives of

statewide and regional provider organizations including municipalities

and school district personnel and other interested parties:

(1) develop forms to be submitted by school districts that report the

number of students three to twenty-one years of age who are placed in a

public or private agency providing special education services and who

are receiving special education programming and instruction from such

agency, and the number of such students who are receiving related

services only from such agency; and

(2) develop guidelines to assure that funds allocated and

sub-allocated pursuant to this section are used for purposes consistent

with federal laws and regulations governing such funds.