N.Y. Comp. Codes R. & Regs. tit. 8 § 176.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 176.1 - Definitions

As used in chapter 507 of the Laws of 1974, as amended by chapter 903 of the Laws of 1984, and in this Part:

(a) Salary shall mean only gross wages paid to the employee. Salary shall not include any cost to the employer for such expenditures as those made for social security, retirement, any form of employee insurance, fringe benefits, dues or reimbursement of the employee for any expense incurred as the result of employment.

(b) Fringe benefits shall mean the employer's share of the following benefits, to the extent such share is actually paid for the benefit of employees engaged in providing required services: retirement, social security, workers' compensation insurance, life insurance, unemployment insurance, disability insurance health insurance, and union welfare benefits. The cost of employee maintenance such as meals, housing, and clothing, is not a fringe benefit for the purpose of this subdivision.

(c) Actual cost shall mean:

(1) the actual amount of money directly expended for reporting, evaluating and administering pupil evaluation programs (PEP), program evaluation tests (PET), the basic educational data system (BEDS), Regents examinations, Regents scholarship examinations, the statewide evaluation plan, the uniform procedure for pupil attendance and high school graduation reporting, the Regents Competency Testing Program and the Regents Preliminary Competency Testing Program, and for reports required for comprehensive school improvement planning and for the registration of high schools and for documentation of the implementation of course requirements in technology education, home and career skills, and library and information skills; and

(2) the cost of supplies, postage and time spent by employees of a nonpublic school located in the City of New York, Buffalo or Rochester for the collection, verification, compilation, submission, and auditing of immunization data for all students attending, entering, or transferring to such school. Such immunization data shall include the individual pupil immunization records and the New York State immunization survey summary.

(d) In calculating actual costs, schools shall determine the time spent on each required service for which apportionment is requested by employing time standards established by the commissioner for each service, which may be a prescribed number of hours spent in each mandated service area for teachers, administrators or support staff; or computed on the basis of such factors which may include, but shall not be limited to: the number of pupils tested, the number of examination or test papers processed or the number of candidates for diplomas or certificates.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 176.1