3609-B - Moneys apportioned for students with disabilities, when and how payable.

§  3609-b. Moneys apportioned for students with disabilities, when and  how payable. Moneys apportioned to school districts for the excess  cost  aid  setaside pursuant to subdivision four of section thirty-six hundred  two  of  this  article  and  the  apportionments   for   students   with  disabilities  due in accordance with the provisions of subdivisions five  and five-a of section thirty-six hundred two of this article and section  forty-four hundred five of this chapter, shall be paid to or  on  behalf  of  school  districts in accordance with the provisions of this section,  provided, however, that payments made to or  on  behalf  of  any  school  district  pursuant  to  this section shall be adjusted subsequent to the  filing, in an acceptable manner, of aid claim forms  prescribed  by  the  commissioner.    For  aid  payable in the two thousand seven--two thousand eight school  year and thereafter, "moneys apportioned" shall mean the sum of; (i) the  lesser of (A) one hundred percent of the respective amount set forth for  each school district as payable pursuant to this section in  the  school  aid  computer  listing  for  the current year, as defined in the opening  paragraph of section thirty-six hundred nine-a of this article,  or  (B)  the  apportionment  calculated  by the commissioner for the current year  based on data on file at the time the payment is processed plus (ii) the  excess cost aid  setaside  computed  pursuant  to  subdivision  four  of  section  thirty-six  hundred two of this article, based on data utilized  in  producing  such  school  aid  listing  for  the  current  year.  The  definitions  "base  year" and "current year" as set forth in subdivision  one of section thirty-six hundred two of this  article  shall  apply  to  this section.    1.  Assignment  of certain moneys.  a. Any moneys to be apportioned by  the commissioner to school districts during the school year pursuant  to  this  section  for  services  provided  on or before June thirtieth, two  thousand nine shall, in the first instance, be designated as  the  state  share  of  moneys  due  a  school  district pursuant to title XIX of the  social security act, on account of  school  supportive  health  services  provided  to  students  with  disabilities in special education programs  pursuant to article eighty-nine of this chapter and to those pupils  who  are   qualified   handicapped   persons   as   defined  in  the  federal  rehabilitation act of nineteen hundred seventy-three, as  amended.  Some  or all of such state share may be assigned on behalf of school districts  to  the  department  of  health, as provided herein; any remaining state  share moneys shall be paid to school districts on the same  schedule  as  the  federal  share of such title XIX payments and shall be based on the  monthly report of the commissioner of health to  the  commissioner;  and  any  remaining moneys to be apportioned to a school district pursuant to  this section  shall  be  paid  in  accordance  with  the  provisions  of  subdivision  two  of  this  section.  The  amount  to be assigned to the  department of health, as determined by the commissioner of  health,  for  any school district shall not exceed the federal share of any moneys due  such  school  district pursuant to title XIX. Moneys designated as state  share moneys shall be  paid  to  such  school  districts  based  on  the  submission  and  approval  of  claims  related to such school supportive  health services, in the manner provided by law.    a-1. Any moneys to  be  apportioned  by  the  commissioner  to  school  districts  during  the school year pursuant to this section for services  provided during the two thousand nine--two thousand ten school year  and  thereafter  shall,  in  the  first  instance, be designated as the state  share of moneys due a school district  pursuant  to  title  XIX  of  the  social  security  act,  on  account of school supportive health services  provided to students with disabilities  in  special  education  programs  pursuant  to article eighty-nine of this chapter and to those pupils whoare  qualified  handicapped  persons   as   defined   in   the   federal  rehabilitation  act  of nineteen hundred seventy-three, as amended. Such  state share shall be assigned on  behalf  of  school  districts  to  the  department  of health, as provided herein; the amount designated as such  nonfederal share  shall  be  transferred  by  the  commissioner  to  the  department  of health based on the monthly report of the commissioner of  health to the commissioner; and any remaining moneys to  be  apportioned  to  a  school  district  pursuant  to  this  section  shall  be  paid in  accordance with the provisions of subdivision two of this  section.  The  amount  to be assigned to the department of health, as determined by the  commissioner of health, for any school district  shall  not  exceed  the  federal  share  of any moneys due such school district pursuant to title  XIX. Moneys designated as state share  moneys  shall  be  paid  to  such  school districts by the department of health based on the submission and  approval of claims related to such school supportive health services, in  the manner provided by law.    b.  Any  moneys  remaining  to  be  apportioned  to  a school district  pursuant to this section shall, in  the  second  instance,  be  used  to  reimburse  the  commissioner  for  any moneys due from a school district  found to be financially responsible, in accordance with  the  provisions  of  paragraph e of subdivision four of section thirty-two hundred two of  this chapter, for the cost of instruction of a student with a disability  placed by a local social services district or other state department  or  agency  in  a  family home at board that receives program support from a  child care institution affiliated with a  special  act  school  district  which  is  located  in  another  school district which contracts for the  education of such student, upon the recommendation of its  committee  on  special  education,  for  the  instruction  of  such student pursuant to  paragraph c, d, e or f of subdivision two of section forty-four  hundred  one  of  this  chapter  or  for  a  nonresidential placement pursuant to  paragraph one of such subdivision. In the event  that  a  district  owes  more  than  the  moneys  remaining  to  be  apportioned  to the district  pursuant to this section, the commissioner shall  withhold  such  excess  from any other moneys due the district.    2.  Payments  to  school  districts.  a. The moneys apportioned by the  commissioner to school districts in accordance with  the  provisions  of  subdivisions  five  and five-a of section thirty-six hundred two of this  article and section forty-four hundred five  of  this  chapter  and  the  moneys  apportioned to school districts for the excess cost aid setaside  pursuant to subdivision four of section thirty-six hundred two  of  this  article,  during  the school year and remaining due after deductions are  made for the purposes of subdivision  one  of  this  section,  shall  be  payable,  for the two thousand seven--two thousand eight school year and  thereafter in accordance with the following schedule:    (1) December payment. On or before December fifteenth, a portion shall  be paid equal to the positive remainder of twenty-five  percent  of  the  moneys  apportioned  less  any  payments made pursuant to paragraph a of  subdivision one of this section for the current year.    (2) March payment. On or before March fifteenth, a  portion  shall  be  paid  equal  to  the positive remainder of seventy percent of the moneys  apportioned  less  any  payments  made  pursuant  to  paragraph   a   of  subdivision  one  of this section and subparagraph one of this paragraph  for the current year.    (3) June payment. On or before June fifteenth, a portion shall be paid  equal to the positive remainder of eighty-five  percent  of  the  moneys  apportioned   less   any  payments  made  pursuant  to  paragraph  a  of  subdivision one of this section and subparagraphs one and  two  of  this  paragraph for the current year.(4) August payment. To the extent that any moneys are owed to a school  district  pursuant to this section, a portion shall be paid on or before  August fifteenth equal to the positive remainder of one hundred  percent  of the moneys apportioned less any payments made pursuant to paragraph a  of  subdivision one of this section and subparagraphs one, two and three  of this paragraph for the current year.    (5) Deferred  September  payment.  Any  amount  payable  to  a  school  district  pursuant to this section which exceeded one hundred percent of  the respective amount set forth for such district as payable pursuant to  this section in the school aid computer listing for the  current  school  year  shall  be  designated  for payment for the month of September next  following the close of the current school year. Such payments  shall  be  made on the first state business day of the month of September, based on  data  on  file  as  of  August  first;  provided  however,  that for the  September two thousand six payment such calculation shall  be  based  on  the  computer  listing  for  the  current  year using data on file as of  August first.    b. Such moneys shall be payable to the treasurer of each  city  school  district,  and  the  treasurer of each union free school district and of  each central school district and of each other school district, if there  be a treasurer, otherwise to the collector or other  disbursing  officer  of such district or board of cooperative educational services, who shall  apply  for  and receive the same as soon as payable. In the case of city  school  districts  of  cities  with  one  hundred  twenty-five  thousand  inhabitants  or  more,  any  payment  which  pursuant to this section is  required to be made to the treasurer of the city school district,  shall  be made to the city treasurer or chamberlain.    3.   Due   minimum  supplemental  apportionment.  Notwithstanding  any  inconsistent provisions of  subdivisions  five  and  five-a  of  section  thirty-six  hundred  two  of this article and section forty-four hundred  five of this chapter, for the two  thousand  seven--two  thousand  eight  school  year  and thereafter, the due minimum supplemental apportionment  shall equal the  positive  remainder  resulting  when  the  sum  of  the  apportionments  due a school district pursuant to such subdivisions five  and five-a and such section forty-four hundred five for any school  year  and, the moneys apportioned for the excess cost aid setaside pursuant to  subdivision  four  of section thirty-six hundred two of this article, is  subtracted from the amount designated as the state share of moneys due a  school district pursuant to title XIX of the  social  security  act,  on  account  of  school  supportive  health services provided to pupils with  disabilities  in  special  education  programs   pursuant   to   article  eighty-nine  of  this  chapter  as  determined  in  accordance  with the  provisions  of  subdivision  one  of  this   section.   Any   additional  apportionment  pursuant  to  this  subdivision  shall  be  computed  and  recomputed by the commissioner in the normal course of  auditing  school  district claims for aid.    4.  In  addition to any other payments due a district pursuant to this  section, the commissioner shall also reimburse districts for any amounts  due in accordance with the provisions of paragraph e of subdivision four  of section thirty-two hundred two of this chapter as follows:    a. thirty-five percent of any amounts  due  shall  be  payable  on  or  before December fifteenth;    b. seventy percent of any amounts due, minus any payment made pursuant  to  paragraph a of this subdivision, shall be payable on or before March  fifteenth; and    c. any remaining amount  due  shall  be  payable  on  or  before  June  fifteenth.