Bill Text: NY A05061 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to establishing a fiscal stabilization reserve fund as part of the tuition reimbursement methodology for school age programs and to providing an annual growth amount for the tuition reimbursement for school age programs operated by in-state approved private schools for the education of students with disabilities and special act school districts.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2016-04-29 - print number 5061a [A05061 Detail]

Download: New_York-2015-A05061-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5061--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2015
                                       ___________
        Introduced  by  M.  of A. NOLAN, MAYER, FAHY, McDONALD, BRONSON, LIFTON,
          CAHILL, JAFFEE -- (at request of the State  Education  Department)  --
          read once and referred to the Committee on Education -- recommitted to
          the  Committee on Education in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
        AN  ACT to amend the education law, in relation to establishing a fiscal
          stabilization reserve fund as part of the tuition reimbursement  meth-
          odology  for school age programs and providing an annual growth amount
          for the tuition reimbursement for  school  age  programs  operated  by
          in-state  approved  private schools for the education of students with
          disabilities and special act school districts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph c of subdivision 4 of section 4405 of the educa-
     2  tion law, as amended by chapter 82 of the laws of 1995,  is  amended  to
     3  read as follows:
     4    c.  The  director of the budget, in consultation with the commissioner
     5  [of education], the commissioner of social services, and any other state
     6  agency or other source the director may deem appropriate, shall  approve
     7  reimbursement methodologies for tuition and for maintenance. Any modifi-
     8  cation  in  the approved reimbursement methodologies shall be subject to
     9  the approval of the director of the budget. [Notwithstanding  any  other
    10  provision  of  law,  rule  or  regulation to the contrary, tuition rates
    11  established for the nineteen hundred ninety-five--ninety-six school year
    12  shall exclude the two percent cost of living  adjustment  authorized  in
    13  rates  established  for  the  nineteen  hundred ninety-four--ninety-five
    14  school year.] Tuition rates approved for the two  thousand  sixteen--two
    15  thousand  seventeen  school  year and thereafter for special services or
    16  programs provided to school-age students by approved private residential
    17  or non-residential schools for the education of students with  disabili-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08391-03-6
        A. 5061--A                          2
     1  ties  that  are  located  within  the  state,  and by special act school
     2  districts shall grow by a percentage equal to the greater  of:  (i)  the
     3  average,  rounded to three decimal places, of the quotients of the total
     4  personal  income of taxpayers in the state for each state fiscal year in
     5  the three-year period finishing with the  state  fiscal  year  one  year
     6  prior  to the state fiscal year in which the base year commenced divided
     7  by the total personal income of taxpayers of the state  for  each  imme-
     8  diately  preceding  state  fiscal  year, rounded to three decimal places
     9  minus one, or (ii) zero.
    10    § 2. Section 4004 of the education law is  amended  by  adding  a  new
    11  subdivision 5 to read as follows:
    12    5.  The  board  of education of a special act school district shall be
    13  authorized to establish a fiscal stabilization reserve fund.  There  may
    14  be  paid  into  such  fund  an amount as may be provided pursuant to the
    15  requirements of paragraph k of subdivision four  of  section  forty-four
    16  hundred five of this title.
    17    §  3. Subdivision 4 of section 4405 of the education law is amended by
    18  adding a new paragraph k to read as follows:
    19    k. The tuition methodology established pursuant  to  this  subdivision
    20  for  the  two  thousand  sixteen--two thousand seventeen school year and
    21  thereafter shall authorize approved private residential or  non-residen-
    22  tial  schools  for  the education of students with disabilities that are
    23  located within the state, and special act school  districts,  to  retain
    24  funds  in  excess of their allowable and reimbursable costs incurred for
    25  services and programs provided to school-age  students.  The  amount  of
    26  funds  that may be annually retained shall not exceed one percent of the
    27  school's or school district's total allowable and reimbursable costs for
    28  services and programs provided to school-age  students  for  the  school
    29  year  from  which  the funds are to be retained; provided that the total
    30  accumulated balance that may be retained shall not exceed  four  percent
    31  of  such  total  costs  for such school year. Funds may be expended only
    32  pursuant to an authorization of the governing board  of  the  school  or
    33  school  district,  for  a  purpose  expressly  authorized as part of the
    34  approved tuition methodology for the year in which the funds are  to  be
    35  expended.  The  director of the budget, in consultation with the commis-
    36  sioner, shall establish the authorized uses for the expenditures of such
    37  funds as part of the approved tuition methodology. Any school or  school
    38  district that retains funds pursuant to this paragraph shall be required
    39  to annually report a statement of the total balance of any such retained
    40  funds, the amount, if any, retained in the prior school year, an amount,
    41  if  any, dispersed in the prior school year, and any additional informa-
    42  tion requested by the department as part of the financial  reports  that
    43  are required to be annually submitted to the department.
    44    § 4. This act shall take effect immediately.