S1316B1983A07761 MSP:DM 06/17/14 #90 A07761
AMENDMENTS TO SENATE BILL NO. 1316
Sponsor: SENATOR PILEGGI
Printer's No. 1983
1Amend Bill, page 2, line 19, by inserting after "area."
2 The department shall develop guidelines for school districts
3to report expenditures for students with disabilities as
4required by this section no later than August 1, 2014.
5Amend Bill, page 3, line 30, by inserting after "each"
6 school
7Amend Bill, page 4, line 1, by striking out "clauses" and
8inserting
9 clause
10Amend Bill, page 4, line 2, by striking out "(3.3), (3.4),
11(3.5) and (3.6)"
12Amend Bill, page 4, line 2, by striking out "provide" and
13inserting
14 provides
15Amend Bill, page 4, line 30, by inserting after "(ii) "
16(A)
17Amend Bill, page 5, by inserting between lines 6 and 7
18(B) If there is a disagreement between the department and a
19charter school with regard to the cost of providing an education
20to a student as documented in unit (A), a charter school may
21request that the costs attributed to the student be reviewed by
22a special education cost review panel. The special education
23cost review panel shall be made up of individuals experienced in
24providing services to students with disabilities and shall
25consist of a representative of the student's school district of
26residence, a representative of the charter school and a third
27party agreed upon by both the student's school district of
28residence and the charter school. If the parties cannot agree
29upon the third party panel member within fifteen days from the
1date of the appeal, the department shall appoint the panel
2member. Within thirty days from the date of the appeal, the
3special education cost review panel shall render a decision
4which shall be binding for the remainder of the school year.
5Until a decision on the appeal is made by the panel, the charter
6school shall be paid the rate based upon the department's
7original determination with regard to the cost of providing an
8education to the student.
9Amend Bill, page 5, lines 7 through 13, by striking out "The
10department shall annually adjust the weights" in line 7 and all
11of lines 8 through 13 and inserting
12 For each weight provided in subclause (i)(A), (B) and (C)
13for each school district, the department shall annually make the
14following adjustment:
15(A) Divide the school district's total expenditure for
16special education programs and services excluding gifted
17education by the number of special education students who reside
18in the school district.
19(B) Divide total expenditure for special education programs
20and services excluding gifted education for all school districts
21by the total number of special education students residing in
22all school districts.
23(C) Divide the quotient in unit (A) by the quotient in unit
24(B).
25(D) If the quotient in unit (C) is greater than one (1),
26multiply the quotient by the weight to determine the school
27district adjustment.
28(E) In no case shall the adjustment made in subclause (i)(A)
29and (B) result in a payment that exceeds the maximum amount
30within the category's dollar range and in no case shall the
31adjustment in subclause (i)(C) result in a payment that exceeds
32the actual cost of providing an education to the student as
33determined under subclause (ii).
34Amend Bill, page 5, lines 22 through 30; pages 6 through 10,
35lines 1 through 30; page 11, lines 1 through 3, by striking out
36all of said lines on said pages and inserting
37(3.2) To transition to the new student-based funding
38methodology for special education students under clause (3.1), a
39charter school shall receive for each student enrolled an amount
40to be paid by the district of residence and determined as
41follows:
42(i) For each special education student under clause (3.1)(i)
43(A) in Category 1, the following shall apply:
44(A) Determine the number of special education students under
45clause (3.1)(i)(A) from the school district who were enrolled in
1a charter school with individualized education plans as required
2under the Individuals with Disabilities Education Act (Public
3Law 91-230, 20 U.S.C. § 1400 et seq.), as of May 31, 2014.
4(B) Divide the number determined in unit (A) by the total
5number of students enrolled in a charter school from the school
6district under clause (3.1)(i)(A) as of October 1.
7(C) Multiply the lesser of the quotient in unit (B) or one
8(1) by the amount for the same special education student
9determined in clause (3) for the 2013-2014 school year.
10(D) Subtract the lesser of the quotient in unit (B) or one
11(1) from one (1) and multiply the difference by the amount for
12the same special education student in clause (3.1)(i)(A).
13(E) Add the amounts in units (C) and (D) to determine the
14amount paid by the school district.
15(ii) For each special education student under clause (3.1)
16(i)(B) in Category 2, the following shall apply:
17(A) Determine the number of special education students under
18clause (3.1)(i)(B) from the school district who were enrolled in
19a charter school with individualized education plans as of May
2031, 2014.
21(B) Divide the number determined in unit (A) by the total
22number of students enrolled in a charter school from the school
23district under clause (3.1)(i)(B) as of October 1.
24(C) Multiply the lesser of the quotient in unit (B) or one
25(1) by the amount for the same special education student
26determined in clause (3) for the 2013-2014 school year.
27(D) Subtract the lesser of the quotient in unit (B) or one
28(1) from one (1) and multiply the difference by the amount for
29the same special education student in clause (3.1)(i)(B).
30(E) Add the amounts in units (C) and (D) to determine the
31amount paid by the school district.
32(iii) For each special education student under clause (3.1)
33(i)(C) in Category 3, the following shall apply:
34(A) Determine the number of special education students under
35clause (3.1)(i)(C) from the school district who were enrolled in
36a charter school with individualized education plans as of May
3731, 2014.
38(B) Divide the number determined in unit (A) by the total
39number of students enrolled in a charter school from the school
40district under clause (3.1)(i)(C) as of October 1.
41(C) Multiply the lesser of the quotient in unit (B) or one
42(1) by the amount for the same special education student
43determined in clause (3) for the 2013-2014 school year.
44(D) Subtract the lesser of the quotient in unit (B) or one
45(1) from one (1) and multiply the difference by the amount for
46the same special education student in clause (3.1)(i)(C).
47(E) Add the amounts in units (C) and (D) to determine the
48amount paid by the school district.
49(iv) In no case shall a payment made under subclause (iii)
50exceed the amount allowed for the same student under clause
51(3.1).
1(v) At such time that the amount determined under subclause
2(i) for a student in Category 1 is greater than the amount
3determined for a student under clause (3) for the 2013-2014
4school year, payment made by the school district of residence
5shall be based on the provisions under clause (3.1) and the
6transition under this clause shall expire.
7(vi) The department shall develop guidelines to collect the
8enrollment data required under this clause and calculate
9estimated payments until such time as actual enrollments are
10determined.