Relates to the distribution of aid for high cost students with disabilities

Title of bill

An act to amend the education law, in relation to the distribution of aid for high cost students with disabilities

Purpose or general idea of bill

To provide financial support and stability in the first year when a new high cost student with a disability moves into a school district during the school year with an individualized education program, before aid normally flows in the second year.

Summary of specific provisions

Section 1. Paragraph (c) is added to Section 3609 of the Education Law to provide current year aid for new high cost students with disabilities. Section 2. Subparagraph (c) of paragraph (3) of Section 4405 of the Education Law is amended to provide current year aid for new students with disabilities that move into a school district during the school year with an individualized education program from another school district requiring the student to be educated at an approved private special education school.

Justification

Currently, most state aid to school districts, including aid for high cost students with disabilities educated at public schools, BOCES and approved private special education schools, flows the year following the year in which the expense is incurred. While school districts may be able to absorb the cost of some students that move into the district after the budget has passed, a high cost student with a disability, whose costs are greater than four times the cost of an average pupil with a disability, may place an undue hardship on a school district to provide the programming required by law. Especially smaller school districts may find that absorbing such expense threatens the financial stability of the district to continue educational services to all of its students.

The first year of educating a high cost student with a disability requires the school district to assume all of the costs for the first year of the student's education. That puts a strain on school district resources and is especially difficult for smaller school districts with limited budgets and savings. Expenses for these high cost students will not be in the district's budget approved by the voters, and based on which taxes were levied. These costs are akin to emergency costs and warrant the payment of current year aid to ensure school districts can continue to both provide essential educational programs as approved by the voters and educate these newly arrived students, as required by their individualized education programs.

Prior legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on July 1st in the year after it has become law.