What's happening
This bill allows school districts to receive current-year aid for new high-cost students with disabilities who transfer in during the school year.
Why it matters
School districts will receive funding in the same school year that high-cost students with disabilities transfer in, rather than waiting until the following year. This allows districts to respond to unexpected financial burdens caused by mid-year arrivals of students whose specialized needs are expensive to meet.
The bill specifically addresses students who come with existing individualized education programs (IEPs) from other districts,. ensuring that support is available immediately for children with established special education needs—especially those requiring costly private placements.
Immediate funding for these high-need students can help prevent disruptions in services or financial strain on districts,. ultimately supporting more stable and continuous educational experiences for some of the state’s most vulnerable students.
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Who cares
Headline styles
Aid for Disabled New Students
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 564a
- Amend and recommit to education
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Fund High-Need Disabled Students
In Assembly Committee · Education · Sponsor Thomas Abinanti
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
564--A
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. YOUNG, DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the distribution of aid for high cost students with disabilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3609-b of the education law is amended by adding a new third undesignated paragraph to read as follows:
For aid payable in the two thousand eighteen--two thousand nineteen school year and thereafter, "moneys apportioned" shall mean current year aid provided for current year expenses for new high cost students with disabilities that move into the district during the school year with an individualized education program from a committee on special education of another school district.
§ 2. Paragraph c of subdivision 3 of section 4405 of the education law, as amended by chapter 82 of the laws of 1995, is amended to read as follows:
c. The apportionments to each school district pursuant to this subdivision shall be based on excess cost paid and attendance during the base year except, beginning in the two thousand eighteen--two thousand nineteen school year and thereafter, "moneys apportioned" shall be based on excess cost paid and attendance during the current year for new students with disabilities that move into the district during the school year with an individualized education program from a committee on special education of another school district requiring attendance at approved private special education programs.
§ 3. This act shall take effect on the first of July next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06228-02-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 disabili- ties. 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
2017: S.564 Referred to Education 2015,2016: S.5325-A Referred to Education
Fiscal implications
To be determined.
Effective date
This act shall take effect on July 1st in the year after it has become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.