Computation of Nonresident Pupil Tuition Rate
NY-ADR
10/7/09 N.Y. St. Reg. EDU-18-09-00007-A
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 40
October 07, 2009
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-18-09-00007-A
Filing No. 1127
Filing Date. Sept. 22, 2009
Effective Date. Oct. 08, 2009
Computation of Nonresident Pupil Tuition Rate
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 174.2 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 2040(1) and (2), 2041(not subdivided), 2042(not subdivided), 2045(1) and 3602
Subject:
Computation of nonresident pupil tuition rate.
Purpose:
To conform section 174.2 to the Foundation Aid provisions enacted by Chapter 57 of the Laws of 2007 and other statutory changes.
Text or summary was published
in the May 6, 2009 issue of the Register, I.D. No. EDU-18-09-00007-P.
Final rule as compared with last published rule:
No changes.
Revised rule making(s) were previously published in the State Register on
July 29, 2009.
Text of rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Avenue, Albany, NY 12234, (518) 473-8296, email: [email protected]
Assessment of Public Comment
A Notice of Proposed Rule Making was published in the State Register on May 6, 2009, and a Notice of Revised Rule Making was published on July 29, 2009. The State Education Department received the following comments in addition to those included in the Assessment of Public Comment published on July 29, 2009 with the revised rule making.
1. COMMENT:
A comment asked whether the tuition formula change in the proposed rule only applies prospectively.
DEPARMENT RESPONSE:
The proposed rule became effective, as an emergency adoption, on May 1, 2009, and will take effect as a permanent rule on October 8, 2009. However, it is the Department's position that the tuition formula change included in the proposed rule is required by the Foundation Aid statutory provisions enacted by Chapter 57 of the Laws of 2007, and that the proposed rule is merely a conforming change to reflect the statutory requirements. Accordingly, the tuition formula change became effective on July 1, 2007, the effective date of the applicable provisions of Chapter 57 of the Laws of 2007, and applies to the 2007-2008 school year and afterwards. The tuition formula change was used to determine the final nonresident tuition charge for the 2007-2008 school year and to determine the estimated nonresident tuition calculation for the 2008-09 school year.
2. COMMENT:
The proposed rule should be amended to allow the receiving district to charge the Average Daily Membership (ADM) rate on an enrollment-based pupil count rather than on actual student attendance.
DEPARTMENT RESPONSE:
The Department believes an amendment is unnecessary because districts are allowed to use an enrollment-based pupil count under section 174.2. The regulation sets forth the methodology used to arrive at a per-pupil charge, but does not prescribe the pupil count used to charge a sending district. In the Department's experience, most districts agree to use a count based on enrollment as the comment suggests, and under the proposed regulation districts would be able to continue that practice.
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