N.Y. Comp. Codes R. & Regs. tit. 8 § 175.37

Current through Register Vol. 46, No. 45, November 2, 2024

Section 175.37 - Youth incarcerated in county correctional facilities apportionment

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 175.37