Current through Register Vol. 46, No. 39, September 25, 2024
The provisions of this section shall apply to all contracts
for the reimbursement of a school district which provides instruction to a
nonresident pupil. The charge for the instruction of each nonresident pupil
shall not exceed the actual net cost of educating such pupil. If the accounting
records of the school district providing such instruction are not maintained in
a manner which would indicate the net cost of educating such pupil, a board of
education, board of trustees or sole trustee of each school district shall
compute the tuition to be charged for the instruction of each nonresident pupil
admitted to the schools of such district, or for the education of whom such
district contracts with a board of cooperative educational services, in
accordance with the following formulae:
(a) The tuition to be charged by a school
district which provides full-day instruction for each nonresident pupil shall
be computed as follows:
(1) The total general
fund appropriation shall be ascertained from the district budget for the school
year. The amount of such appropriation shall be reduced by the amount of the
appropriations for transportation, including debt service for buses, adult
education, special schools, community services, and any other appropriations
which do not benefit such student. General fund revenue and interfund revenue,
as well as Federal aid which is not paid to the district on behalf of such
nonresident pupil, shall also be deducted from such total general fund
appropriation.
(2) The cost of
instruction for such pupil shall be determined on the basis of such total
general fund appropriation, as reduced in accordance with the provisions of
paragraph (1) of this subdivision, which is attributable to each of the
following four categories: half-day kindergarten, full-day kindergarten through
grade six, grades 7 through 12, and special educational programs for pupils
with handicapping conditions. If the records of the school district do not
accurately reflect the actual appropriation in each of such categories, such
total general fund appropriation shall be distributed in the same proportion as
the cost of teachers' salaries in each category bears to the total amount of
teachers' salaries on a district-wide basis.
(3) The net amount of State aid received by
the school district, as defined in this paragraph, shall be distributed among
the categories set forth in paragraph (2) of this subdivision in the same
proportion that the average daily membership in each of such categories bears
to the average daily membership for the school district. For the purposes of
this section, such average daily membership shall be computed in accordance
with the provisions of paragraph l of subdivision 1 of section
3602 of the
Education Law, except that for the purpose of this computation the enrollment
of pupils attending under the provisions of paragraph c of subdivision 2 of
section
4401 of the
Education Law and the equivalent attendance of the school district, as computed
pursuant to paragraph d of subdivision 1 of section
3602 of the
Education Law, shall not be included in such computation. For the purposes of
this section, net State aid shall include aid received in the general fund for
operating expenses, textbooks, experimental programs, educational television,
county vocational boards and boards of cooperative educational services,
building aid, and other forms of State aid as approved by the department for
inclusion herein, but shall not include transportation aid. Net State aid shall
also include the sum which is withheld from the school district for payment to
the teacher's retirement fund.
(4)
The net cost of instruction in each category shall be ascertained by
subtracting the State aid attributed to such category pursuant to paragraph (3)
of this subdivision from the appropriation for such category computed in
accordance with paragraphs (1) and (2) of this subdivision.
(5) The maximum nonresident pupil tuition
which may be charged shall be determined by dividing the net cost of
instruction of pupils in each category by the estimated average daily
membership of pupils in each category.
(6) Refunds or additional charges shall be
made at the conclusion of the school year based upon actual revenues,
expenditures and average daily membership.
(b) The tuition to be charged by a school
district for the instruction of each nonresident pupil who is enrolled in an
instructional program operated by a board of cooperative educational services
shall include the tuition charged by the board of cooperative educational
services for such instruction, less the State aid attributable to such
student's attendance at an instructional program of this nature, and the cost
of any instruction which such district may also provide such student, to be
determined in accordance with the provisions of subdivision (c) of this
section.
(c) The tuition to be
charged by a school district for instruction of each nonresident pupil who is
enrolled on a part-time basis in such district shall be computed as follows:
(1) The cost of such instruction on a
full-time basis shall be determined in accordance with the provisions of
subdivision (a) or (b) of this section.
(2) The cost of such instruction shall be
multiplied by a fraction, the numerator of which shall be the number of class
periods per week in which such pupil received such instruction and the
denominator of which shall be the total number of class periods, not to exceed
25, operated by the same school district during the week.
(3) The product of the computation made in
accordance with the preceding paragraph shall be the maximum tuition which may
be charged.
