June 08, 2018 Commissioner Appeals for Reimbursement for Health and Welfare Services and Facilities Costs
KEEPING YOU INFORMED…
We are writing to advise you of a recent decision of the Commissioner of Education establishing a new deadline for filing an appeal to the Commissioner when a school district seeks from another school district reimbursement of unpaid invoices for the cost of providing health and welfare services and facilities.
By way of background, Education Law Section 912 requires a school district to provide the same health and welfare services and facilities that are available to students attending its schools to non-resident students who attend private schools located within the district’s boundaries. The law also requires the school district where the student resides (“district of residence”) to reimburse the district providing the services (“district of location”) for the costs incurred in providing these services and facilities.
Historically, the Commissioner has not applied the typical 30-day statute of limitations period for appeals brought by a district of location against a district of residence seeking reimbursement for outstanding invoices for health and welfare services and facilities. The Commissioner will now apply a new time limit for commencing appeals seeking reimbursement for these unpaid invoices. Beginning with the 2018-2019 school year, the district of location must commence an appeal within 30 days after the conclusion of the school year in which the district incurred the unpaid health and welfare services and facilities costs. The Commissioner may, however, excuse a late appeal if “good cause” for the lateness is set forth in the petition.
Thus, we recommend filing an appeal to the Commissioner as soon as possible for any outstanding invoices that a district of location may have for services and facilities provided during the 2017-2018 school year or before. In accordance with the new rule, an appeal for reimbursement for unpaid invoices for services and facilities provided during the 2018-2019 school year or beyond must be commenced within 30 days after the conclusion of the school year in which the costs were incurred, unless good cause can be shown for a delay.
We recommend that districts of location forward invoices for services and facilities provided as soon as possible, but no later than June 30 of the school year in which the expenses were incurred. Districts of location should also retain copies of the following documents, which can be used to support an appeal to the Commissioner for reimbursement of unpaid invoices:
(a) proof of residency for all students who received health and/or welfare services and facilities and copies of the district of location’s transmission of these documents to the district of residence as part of a request for reimbursement;
(b) all responses provided by the district of residence with respect to reimbursement requests; and
(c) all other documentation regarding the services and facilities provided and the costs for same.
If you have questions or if you would like assistance with commencing an appeal to the Commissioner of Education for outstanding invoices for health and welfare services and facilities, please contact Lauren Schnitzer or one of our other attorneys by calling 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2018
 The decision is available at http://www.counsel.nysed.gov/Decisions/volume57/d17397.