Current through Register Vol. 46, No. 43, October 23, 2024
Section 146.1 - Reimbursements(a) In accordance with the provisions of section 11 of chapter 853 of the Laws of 1976, each county or other political subdivision which had, prior to July 1, 1976, been charged for the cost of tuition and transportation for handicapped children pursuant to section 232 or 234 of the Family Court Act shall reimburse the State for its payment of such costs, as provided in this section.(b) The amount of such reimbursement will be determined by the Commissioner of Education, who shall multiply the sum paid by each county or other political subdivision for such purpose during the period July 1, 1975 through June 30, 1976, less the amount of State aid due and payable pursuant to the former section 4403 of the Education Law for such costs, by the applicable percentage set forth in section 11 of chapter 853 of the Laws of 1976. The commissioner shall also prescribe the format and procedure for payment.(c) Except as provided in subdivision (e) of this section, the Commissioner of Education shall notify each county or other political subdivision of the amount of such reimbursement by no later than June 1 of each year. The commissioner shall transmit to the Comptroller a copy of the billing sent to each county or other political subdivision. Except as provided by subdivision (e) of this section, reimbursement shall be made in equal quarterly installments on July 1, October 1, January 1 and April 1 of each year. Each county or other political subdivision shall make the appropriate reimbursement directly to the Comptroller.(d) For the period July 1, 1976 through June 30, 1977, the amount of reimbursement shall be based upon orders of the Family Court which have been approved by the Commissioner of Education and the Comptroller for State aid purposes, as of November 15, 1976, subject to adjustment if additional claims for State aid for services provided during the 1975-76 school year are received after such date. In subsequent years, adjustments to prior billings caused by changes in the base will be made prior to July 1 of each year, and shall be paid in equal installments as set forth in subdivision (c) of this section.(e) For the period July 1, 1976 through June 30, 1977, the Commissioner of Education shall notify, by December 1, 1976, each county or other political subdivision of the amount of its reimbursement to the State. Reimbursement shall be made in one payment to the Comptroller by no later than January 15, 1977.N.Y. Comp. Codes R. & Regs. Tit. 9 § 146.1