2009-2010 Budget Summary: Regents Priority Budget Initiatives and Statutorily Mandated Needs


($ Millions)

I.  Ensure Program Stability for School Districts


State Aid -- Maintain Foundation Aid Formula .................................$878.6

II. Maintain Core State Education Department Operations

Fee increases (no General Fund impact)

Stabilize funding for program operations through fee adjustments:

  • Cultural Education fee increase ($7.50 per transaction) ..............$18.0
  • Office of Professions fee increase (10%) ......................................$4.0

..................................................................Total Revenue Increase:       $22.0

Level Funding for General Fund State Operations  

Raise student achievement with existing resources through data, best practices and organization and maintain support for key operations.

Level Funding for Special Revenue Operations  

No further reductions in revenue generating accounts such as: Professions, Cultural Education, Proprietary School Supervision, Teacher Certification, and Departmentwide Cost Recovery.

III. Maintain Aid to Localities Programs Administered by SED

To the extent feasible, under the current State fiscal situation, these programs should be maintained.  They each fall into one or more of the following three categories:

  • Preserve expenditures that protect children and families in greatest need
  • Preserve expenditures that protect public health and safety
  • Preserve expenditures that protect the cultural heritage of the State

A description of proposed fee increases and a complete listing of Aid to Localities programs showing current funding levels are included in Appendix A

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Statutorily Mandated Needs



Additional Request

Regents Goal 1

“All students will meet high standards for academic performance and personal behavior and demonstrate the knowledge and skills required by a dynamic world.”


Nonpublic Mandated Services Aid

Chapter 507 of the Laws of 1974 requires that nonpublic schools be reimbursed for the actual costs they incur in providing required services to the State.  These services include the administration of State testing and evaluation programs and participating in State programs for reporting basic educational data.

Additional funding is requested for the Comprehensive Attendance Policy (CAP) for the 2007-2008 school year.


Regents Goal 2

“All educational institutions will meet Regents high performance standards.”


Aid to Independent Colleges and Universities

The annual entitlement for each institution is based on the number of earned degrees conferred the previous year.

The current rates are $600 per associate degree, $1,500 per baccalaureate degree, $950 per master’s degree, and $4,550 per doctoral degree.  Since 1990-1991, the program has not been fully funded, nor has it kept pace with the Higher Education Price Index (HEPI).  In 2008-2009, the State Budget provided $46,238,000 or 29 percent of full funding.

Of the 147 independent degree-granting institutions in New York State, 105 participate and receive Bundy Aid.  (Total of $51.85 million requested for 2009-2010)


Implementation of Student Lending Accountability, Transparency and Enforcement (SLATE) Act

SLATE is a comprehensive law designed to regulate a $5 billion industry which impacts hundreds of thousands of students at over 700 separate educational institutions/locations each year. The Department’s responsibilities include, but are not limited to: Investigation of alleged violations and consumer complaints; administration of a grant program to initiate programs to educate prospective borrowers; ensuring full disclosure regarding education loans to students and parents; and/or repayment to students who paid an inflated price for a loan because of a SLATE violation.  (Total of $2.8 million requested for 2009-2010)


Regents Goal 3

“The public will be served by qualified, ethical professionals who remain current with best practice in their fields and reflect the diversity of New York State.”


Tenured Teacher Hearings

Chapter 691 of the Laws of 1994 requires the New York State Education Department to compensate hearing officers and stenographers for their customary fees and other reasonable expenses incurred in the performance of their duties.  The cost of teacher tenure hearing cases filed each year has grown significantly.  (Total of $4.8 million requested for 2009-2010)


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Regents Goal 4

“Education, information and cultural resources will be available and accessible to all people.”


Aid to Libraries and Library Systems

Education Law provides statutory aid to support the ongoing operational costs of New York State’s statewide network of 73 library systems and 7,000 local libraries.  This critical infrastructure promotes local efficiency through a state-supported knowledge network. The library systems connect thousands of libraries with cost-effective cooperative programs, shared services and purchasing. In 2008-2009 the State appropriated $99,408,000 in local assistance and $866,100 in state operations funds for a total of $100,274,100 available to fund Aid to Libraries.  This amount was insufficient to cover statutorily mandated needs.

The requested increase will bring funding to $103 million ($102,133,893 in local assistance and $866,107 in state operations). The increase will fund library programs in Education Law and will make permanent hold harmless provisions and supplementary formula aid.  Library use has increased exponentially in the past year.  In these difficult times of high energy and food costs, New Yorkers of all ages are turning to their local library for free reading materials, free public internet access, and programs and services that support lifelong learning, economic well-being and an informed and literate citizenry.  New York’s libraries are struggling to meet these increased public service demands in the face of rising operational costs.  (Total of $103 million requested for 2009-2010)


Aid to Public Radio and Television

Section 236 of the Education Law provides aid to 17 public radio and 9 public television stations.  In 2007-2008 the State appropriated approximately 71 percent of the funding called for under the statute.

In 2008-2009, the State appropriated $18.83 million for Public Broadcasting. The requested increase will bring funding to the statutory level of $26.45 million. Funding is used to support production and distribution of programming for lifelong learning as well as educational programming and services designed for early childhood education, PreK-12 instruction, teacher professional development, and parent and caregiver information and support.  (Total of $26.45 million requested for 2009-2010)


Allowance to Private Schools for the Blind and Deaf (4201)

Additional funding is requested to support private schools for the education of students who are deaf, blind or severely orthopedically disabled as required by section 4201 of the Education Law, including an assessment on raising standards.  The appropriation requested also provides for State reimbursement of education costs for deaf infants below the age of three attending programs approved by the Commissioner at various public and private settings.  The additional funding of $4.015 million represents a 3.4 percent COLA.  (Total of $122.115 million requested for 2009-2010)


Education of Children with Disabilities (4410) – Preschool Services

Additional funding is requested to support the education of preschool children with disabilities consistent with federal and State requirements.  The additional funding of $11.75 million represents a 1.8 percent increase over the previous year.  (Total of $673.25 million requested for 2009-2010)


Education of Children with Disabilities (4410) – Evaluations and CPSE Administrative Costs

Additional funding is requested to support the evaluation and CPSE Administrative Costs of providing service to preschool children with disabilities consistent with federal and State requirements.  The additional funding of $0.75 million represents a 1.8 percent increase over the previous year.  (Total of $42.75 million requested for 2009-2010)


Education of Children with Disabilities – Summer School (4408)   

Additional funding is requested to support severely disabled students ages 5-21, who receive special program and/or services during July and August, as recommended by the Committee on Special Education. State funding represents 70 percent of total program costs; counties and local school districts fund the remaining costs.  The additional funding of $17 million represents a 3.4 percent increase over the previous year’s education and maintenance costs and nearly a 23 percent increase in transportation costs.  (Total of $260 million requested for 2009-2010)


Postsecondary Education of Native Americans

Additional funding is requested for the support and education of Native Americans from New York State attending post-secondary institutions within the State as required by Education law section 4118.  The additional funding will support the rising number of students eligible for assistance from this program.  (Total of $0.80 million requested for 2009-2010)


Regents Goal 5

"Resources under our care will be used or maintained in the public interest."


School Health and Safety Program

The New York State Education Department’s Office of Facilities Planning is statutorily mandated, as the New York State Code Jurisdiction on public school property, to ensure the health, safety and well-being of the 2.8 million public school students and staff.  With the increasing need to repair, renovate, and replace school facilities now approaching an average age of 60 years, over 2,000 capital project building permits are processed annually.  The Office also oversees programs such as Rebuild Schools to Uphold Education (RESCUE), annual fire safety inspections at over 6,000 school facilities, and assists with Project Schools Against Violence in Education (SAVE). (Total of $400,000 requested for 2009-2010)



Education law section 919 states that all public and private schools have a nebulizer on site in all buildings in which full or part-time school nursing services are provided.  A school nurse is a registered professional nurse (RN). This law takes effect when monies are allocated to the Education Department for use in reimbursing schools for the purchase of a nebulizer. A nebulizer is an air compressor machine that pushes air through a nebulizer tubing set to aerosolize a liquid medication so that the student can breathe it in.  The most common use of nebulizers in the school aged population is for the treatment of asthma. (Total of $3.0 million requested for 2009-10)


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Last Updated: February 23, 2009