N.Y. Comp. Codes R. & Regs. Tit. 8 § 200.17 - Reimbursement of public school district administrative costs and due process costs for education programs or educational services approved pursuant to section 4410 of the education law
(a) Reimbursement of administrative costs.
(1) Allowable administrative costs for public
school districts shall include, but need not be limited to:
(i) all reasonable costs incurred by the
school district committee on preschool special education for activities
performed in accordance with section 4410 of the Education Law; and
(ii) all reasonable costs, other than due
process costs, incurred by the board of education or trustees of the school
district to fulfill their obligations under section 4410 of the Education Law.
(2) The administrative costs
described in paragraph (1) of this subdivision, when computed on a pro rata
basis, shall be consistent with similar pro rata administrative costs
associated with the operation of the committee on special education and school
district activities for students with disabilities. Upon audit, significant
differences between such per student costs will not be considered reasonable
without an appropriate justification.
(3) Reimbursement.
(i) Allowable administrative costs incurred
by a school district shall be fully reimbursable by the commissioner, using
funds available for this purpose in accordance with Federal law and regulations
governing the use of such funds, and by appropriate municipalities for that
portion of such costs which exceeds the amount of Federal funds determined by
the commissioner to be available.
(ii) The commissioner shall annually
determine an amount of Federal funds which may be used to reimburse school
districts for allowable administrative costs incurred. The commissioner shall
also calculate each school district's allocation from this amount, which shall
be in the same ratio to this amount as the number of preschool students with
disabilities residing in that district and served on December 1st of the most
recent year for which satisfactory data are available bears to the total number
of such students residing in the State on that date.
(iii) The commissioner shall, prior to July
1st of each school year, notify each district of its allocation and set forth
procedures and forms for making application for the use of such
funds.
(iv) Upon receipt and
approval of such application, the commissioner shall forward to the applicant
an advance payment of Federal funds which shall not exceed the approved amount
budgeted by the applicant or the allocation, whichever is the lesser
amount.
(v) In January of any year
in which additional Federal funds are determined by the commissioner to be
available for this purpose during that year, the commissioner shall notify each
district of its amended allocation and the opportunity to amend its application
for approval to use such additional funds.
(vi) In January of any year for which
adjustments for growth in the number of preschool students served under section 4410 of the Education Law from December 1st
of a given year to December 1st of the next year, the commissioner shall notify
each district determined to have contributed to such growth of its pro rata
share of the amount of such award set aside by the commissioner for use to
reimburse allowable administrative costs. Each such share shall be in the same
ratio to the amount set aside by the commissioner as that school district's
actual growth is to the sum of actual growths of all such districts in the
State.
(vii) At the close of the
school year for which the administrative funds were advanced as described in
subparagraphs (i) through (vi) of this paragraph, each public school district
shall submit, in a form prescribed by the commissioner, a statement of the
administrative costs incurred in connection with this section. The prescribed
form shall include, but not be limited to, a summary of the advance revenues
received by the school district, a detailed accounting of expenditures for
approval by the commissioner and a computation of the difference between actual
expenditures and advanced revenues. The prescribed form shall be submitted to
the commissioner not later than September 1st next following the end of the
school year in which services were provided.
(viii) The appropriate municipality shall pay
the school district within 30 days of receipt of a voucher from the district
for excess administrative costs as determined by the commissioner. The
appropriate municipality shall submit a State aid voucher in the manner
prescribed by the commissioner for reimbursement of such costs pursuant to
section 4410 (11) of the Education
Law within 30 days of the date on which the payment was made to the school
district.
(ix) Due process costs
shall not be included in allowable administrative costs.
(b) Reimbursement of due process
costs.
(1) Allowable costs associated with
due process proceedings for students eligible to receive services pursuant to
section 4410 of the Education Law shall include all
reasonable and appropriate costs incurred by the school district as determined
by the commissioner. A detailed accounting and itemization of all due process
costs incurred may be submitted in a format prescribed by the commissioner no
later than 30 days after the determination of the hearing officer has been
received by the school district.
(2) The commissioner shall review the due
process costs and, if indicated, recommend a student specific tuition rate to
the director of the budget for certification. Upon approval, the commissioner
will notify the school district and the appropriate municipality of such
student specific tuition rate.
(3)
The school district shall submit a voucher to the appropriate municipality for
all approved due process costs within 30 days of the receipt of the certified
student specific tuition rate notification.
(4) The appropriate municipality shall
reimburse the school district for all due process costs within 30 days of
receipt of the voucher from the school district for such approved due process
costs as required by the certified student specific rate
notification.
Notes
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