Current through Register Vol. 46, No. 12, March 20, 2024
(a) Definitions.
For the purpose of the apportionment computed pursuant to section
3602(13) of the Education
Law, the following definitions shall apply:
(1) Incarcerated youth shall mean a pupil
under 21 years of age who has not received a high school diploma and who is
incarcerated in a correctional facility maintained by a county or by the City
of New York.
(2) Full-day program
shall mean a program of approved educational services which provides not less
than 5 1/2 hours of instruction per school day.
(3) Half-day program shall mean a program of
approved educational services which provides 3 or more but less than 5 1/2
hours of instruction per school day.
(4) Approved educational service shall mean
any educational service or program provided to incarcerated youth pursuant to
Part 118 of this Title by a school district, either directly or indirectly
through a contract with a board of cooperative educational services.
(5) Full-time equivalent attendance of
incarcerated youth shall mean the full-time equivalent attendance of such youth
in educational programs providing approved educational services as calculated
pursuant to section
175.6
of this Part.
(6) Formula aid for
approved educational services shall mean the sum of:
(i) for programs which operate between
September 1st and June 30th, the sum of the product of the full-time equivalent
attendance of incarcerated youth receiving approved educational services
multiplied by the school district's expenses per pupil for the current year
multiplied by 125 percentum; plus
(ii) for programs which operate between July
1st and August 31st, the sum of the product of the full-time equivalent
attendance of incarcerated youth receiving approved educational services
multiplied by the school district's expenses per pupil for the current year
multiplied by 150 percentum.
(7) Approved administrative costs shall mean
those administrative costs actually incurred by a school district as a result
of the provision of approved educational services. Such administrative costs
may include clerical costs incurred in the provision of approved educational
services and such other costs as may be approved by the commissioner. For the
purpose of the apportionment computed pursuant to this section, such costs may
not exceed five percent of the actual cost of approved educational services,
exclusive of administrative costs.
(b) Calculation of the apportionment. Subject
to the available appropriation, each school district receiving an apportionment
pursuant to Education Law, section
3602(13), shall receive an
amount equal to the lesser of the school district's formula aid for approved
educational services or the sum of the school district's actual costs of
approved educational services and approved administrative costs as reported to
the commissioner pursuant to subdivision (c) of this section, provided that
each such school district shall receive in each school year not less than
$15,000.
(c) Reports.
(1) Each school district that provides
approved educational services shall:
(i)
provide all individual pupil information required by the commissioner for the
proper administration of the apportionment and for the calculation of the basic
contribution required pursuant to subdivision 7 of section
3202 of the Education Law, for each of the
periods of: September 1st through November 30th; December 1st through March
31st; and April 1st through June 30th of the current year;
(ii) report to the commissioner the actual
periods of enrollment of each pupil enrolled in such approved educational
service for each of the periods of: September 1st through November 30th;
December 1st through March 31st; and April 1st through June 30th of the current
year; and
(iii) report to the
commissioner the actual costs of approved educational services and approved
administrative costs for each of the periods of: September 1st through November
30th; December 1st through March 31st; and April 1st through June 30th of the
current year.
(2) All
reports required by this subdivision shall be in a form and of a content
acceptable to the commissioner.
(d) Payment of the apportionment. The youth
incarcerated in county correctional facilities apportionment shall be paid to
school districts according to the following schedule:
(1) A payment based on the reported costs of
approved educational services, approved administrative costs and the periods of
enrollment of incarcerated youth in programs providing approved educational
services during the period from September 1st through November 30th of the
current year shall be paid on or before February 1st for school district
reports received by December 31st of the current year and as soon thereafter as
possible for school district reports received after December 31st.
(2) A payment based on the reported costs of
approved educational services, approved administrative costs and the periods of
enrollment of incarcerated youth in programs providing approved educational
services during the period from December 1st through March 31st of the current
year shall be paid on or before June 1st for school district reports received
by April 30th of the current year and as soon thereafter as possible for school
district reports received after April 30th.
(3) A payment based on the reported costs of
approved educational services, approved administrative costs and periods of
enrollment of incarcerated youth in programs providing approved educational
services during the period from April 1st through June 30th of the current year
shall be paid on or before the following September 1st for school district
reports received by July 31st of the current year and as soon thereafter as
possible for school district reports received after July 31st.