Relates to the funding of supplementary aides attending certain schools for severely disabled and medically at risk students

1 Co-sponsor

• Cecilia Tkaczyk

BILL NUMBER:S6733

Title of bill

An act to amend the education law, in relation to the funding of supplementary aids for students attending certain schools for severely disabled and medically at risk students

Purpose

This bill would clarify that the funding spent for supplementary aides to accompany the severely disabled students is eligible for state aid.

Summary of provisions

Section 1 of the bill creates a new § 4313-a of the Education Law, requiring that where certain school districts have students residing in such districts, including students residing in a city with a population of one million or more, who attend a school whose student body is comprised of students with severe physical disabilities and severe medical conditions and receive state operating aid, such district shall, where it is deemed medically necessary by such school, provide for supplementary school personnel as a supplementary aide to accompany certain students to such school, and be present and assistive during the course of the school day as the medical condition of such students requires. In addition, section 1 sets forth that such districts will be eligible for reimbursement by the department for the costs of such supplementary aides at the rate of ninety percent. The commissioner is authorized to promulgate rules and regulations to implement the supplementary aide reimbursement provisions of this section.

Section 2 sets the effective date

Justification

The Henry Viscardi School was established (then Human Resources School) in March of 1963 and became eligible for state aid under the provisions of Chapter 1060 of the laws of 1974. It is funded as if it were a school for the blind and deaf. The school serves students from Long Island, throughout New York City, and its northern suburbs, who have severe physical disabilities and/or chronic medical conditions.

Some of the students' medical conditions require that an aide accompany him or her to school each day. Some of these aides are even nurses because that is the level of care that is needed. Without these aides, these students could not continue to attend school, and likely would be home bound. They would be denied a regular school experience, and receive limited instruction at home. Some also may be institutionalized. These aides have been provided for many years and have been paid for by the student's home school district. In the Fall of 2013, the City of New York informed the Viscardi School that it must discontinue the provision of the aides for the approximately 30 students from the City that require these aides. The City of New York stated that it had been informed by the State Education department that the City was being improperly reimbursed for the cost of the aides.

After several meetings last year involving the City and State, it was agreed that the aides and the reimbursement would continue until the end of the 2013-2014 school year. This bill does not increase funding because the money for the aides (approx. $1.7M) has been spent for many years and is being spent this year. The legislation, however, clarifies that this expense is an aidable expense and that it is clearly authorized under the education law.

Fiscal impact

To be determined.

Legislative history

This is a new bill.

Effective date

This act shall take effect immediately and shall apply to school years beginning on or after July 1, 2014.