N.Y. Comp. Codes R. & Regs. Tit. 8 § 200.10 - Reimbursement to certain state-operated and state-supported schools for blind, deaf and severely disabled students pursuant to articles 85, 87 and 88 of the education law and chapter 1060 of the laws of 1974 and to facilities approved pursuant to section 4204-a of the education law
Aidable operating expenses means the necessary expenditures for approved educational programs provided to State-supported students, and shall be determined in accordance with the following provisions:
(a) State-operated and State-supported
schools and facilities approved to provide educational services to deaf infants
under Education Law, section
4204-a, shall submit annually, at times
designated by the commissioner, budget forms containing justification for all
proposed expenditures for which State aid is required. Such budgets shall
indicate by line item all positions and items of proposed expenditure. All
budgets in connection with other than department-funded programs shall be
reported on a supplemental sheet similar to the format for State-aided
programs.
(b) All annual
expenditures shall be justified to the satisfaction of the commissioner in
accordance with the instructions accompanying the annual year-end report forms
submitted by the State-operated and State-supported schools.
(c) All new positions requested in the annual
budget shall be justified in a narrative statement attached to the budget
request.
(d) Review of all budgets
submitted by the State-supported schools will be guided by the expenditures at
the State-operated schools for the deaf and blind. The portion of the salary of
each employee which exceeds the salary of an employee having similar duties at
the State-operated schools for the deaf and blind shall not be an aidable
operating expense of such State-supported private schools, except that a
location pay differential, in the amount provided for in any contract or
contracts between the State of New York and the certified or recognized
employee organization or organizations representing State employees at the
State-operated schools for the deaf and blind, will be included as an aidable
operating expense of schools located in the geographical areas to which such
location pay differential applies.
(e) Budgets approved by the commissioner for
a particular school year represent the maximum support for that year.
State-supported schools shall limit items of expenditure and positions to those
approved by the commissioner. Any transfer between line items of expenditure
exceeding 10 percent or $1,000, whichever is greater, of the approved budget
authorization for the school year shall have prior approval of the
commissioner.
(f) Capital
construction for new buildings, including related service facilities such as
heating, sanitary and lighting facilities, and improvement of grounds, and
additions to accommodate growth of activity not a part of the State program,
will not be approved as State-aidable operating expenses. Such equipment or
furnishings as are necessary to accommodate or maintain the educational program
for State-appointed students are aidable expenditures, with the prior approval
of the commissioner. All necessary repairs, including replacement of roofs,
boilers, plumbing systems, installations of safety devices in existing
buildings, such as proper exits, fire safety systems and renovation, considered
necessary for maintaining generally accepted standards of instruction, living
arrangements outside of the classrooms, protection of the health and safety of
State-appointed students and the preservation of the physical plant, may be
approved, provided that application to the commissioner is made in advance of
the incurring of any obligation. Emergency repairs not exceeding $2,500 may be
made without prior approval, but the nature and extent of such repairs shall be
promptly reported to the commissioner.
(g) Research activities, programs for
nonstate-appointed students and all other activities with accompanying income
and expenditures determined not to be a part of the educational program offered
to State-appointed students will not be considered in determining State
support.
(h) The governing board,
by resolution adopted during the fiscal year it received a gift or bequest, may
restrict such funds for capital use or other programs which are not
State-supported. The board may, by similar resolution, restrict such funds to
provide merit supplements to the salaries of staff approved by the commissioner
for State-appointed students. Such supplements shall be excluded from any
overhead charges. Copies of the resolutions restricting the use of funds from
private sources and annual income derived from such funds, and a designation of
funds from private sources that have been restricted by the donor, shall be
filed with the commissioner as part of the report of expenditures submitted for
final payment.
(i) The submission
of the claim for final payment shall be accompanied by a report of income and
expenditures. Income shall include all funds from governmental agencies and
private sources, including income derived from capital assets. Expenditures
shall include the cost of services and programs for State-appointed students as
well as the cost of other services and programs administered by the
school.
(j) State-operated and
State-supported schools shall maintain adequate accounting records clearly
setting forth the expenses allocable to approved programs and to those
additional programs which are not subject to reimbursement.
(k) The accounting records of State-operated
and State-supported schools shall be subject to audit and review at times
designated by the commissioner and the Department of Audit and
Control.
(l) All payments made to
the State-operated and State-supported schools and to approved facilities will
be in accordance with actual expenditures incurred during the school year for
which State payment is sought. Final expenditures are subject to audit by the
Department of Audit and Control.
(m) All facilities educating deaf infants
pursuant to Education Law section 4204-a shall, in addition, submit quarterly
reports of each deaf infant's attendance in accordance with Education Law,
section
4204-a (2) and semiannual reports of each
deaf infant's progress.
(n) All
facilities educating deaf infants pursuant to Education Law section 4204-a
which are eligible to receive financial assistance through the Department of
Health for Medicaid patients or for infants approved under the medical
rehabilitation program shall seek such assistance for each infant. Infants who
are eligible for reimbursement under private insurance or other public health
agencies shall not be eligible for tuition assistance. Where educational
programming for the deaf infant includes parent orientation sessions which are
not eligible for support by the Department of Health or other State or local
agencies, the facility may claim that support from the Education Department
providing that the facility is approved pursuant to section
200.7
of this Part.
Notes
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