New York Laws
Article 89 - Children With Handicapping Conditions
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.