Bill Text: NY A06514 | 2017-2018 | 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: Strong Partisan Bill (Democrat 13-1)

Status: (Engrossed - Dead) 2018-01-03 - ordered to third reading cal.461 [A06514 Detail]

Download: New_York-2017-A06514-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6514--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 8, 2017
                                       ___________
        Introduced by M. of A. NOLAN, BRINDISI, SEAWRIGHT, THIELE -- (at request
          of  the  State  Education Department) -- read once and referred to the
          Committee on Education -- 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 seventeen--two
    15  thousand eighteen 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-
    18  ties that are located within  the  state,  and  by  special  act  school
    19  districts  shall  grow  by a percentage equal to the greater of: (i) the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10036-02-7
        A. 6514--A                          2
     1  average, rounded to three decimal places, of the quotients of the  total
     2  personal  income of taxpayers in the state for each state fiscal year in
     3  the three-year period finishing with the  state  fiscal  year  one  year
     4  prior  to the state fiscal year in which the base year commenced divided
     5  by the total personal income of taxpayers of the state  for  each  imme-
     6  diately  preceding  state  fiscal  year, rounded to three decimal places
     7  minus one,  (ii)  a  percentage  recommended  by  the  commissioner  and
     8  approved by the director of the budget, or (iii) zero.
     9    §  2.  Section  4004  of  the education law is amended by adding a new
    10  subdivision 5 to read as follows:
    11    5. The board of education of a special act school  district  shall  be
    12  authorized  to  establish a fiscal stabilization reserve fund. There may
    13  be paid into such fund an amount as may  be  provided  pursuant  to  the
    14  requirements  of  paragraph  k of subdivision four of section forty-four
    15  hundred five of this title.
    16    § 3. Subdivision 4 of section 4405 of the education law is amended  by
    17  adding a new paragraph k to read as follows:
    18    k.  The  tuition  methodology established pursuant to this subdivision
    19  for the two thousand seventeen--two thousand eighteen  school  year  and
    20  thereafter  shall authorize approved private residential or non-residen-
    21  tial schools for the education of students with  disabilities  that  are
    22  located  within  the  state, and special act school districts, to retain
    23  funds in excess of their allowable and reimbursable costs  incurred  for
    24  services  and  programs  provided  to school-age students. The amount of
    25  funds that may be annually retained shall not exceed one percent of  the
    26  school's or school district's total allowable and reimbursable costs for
    27  services  and  programs  provided  to school-age students for the school
    28  year from which the funds are to be retained; provided  that  the  total
    29  accumulated  balance  that may be retained shall not exceed four percent
    30  of such total costs for such school year. Funds  may  be  expended  only
    31  pursuant  to  an  authorization  of the governing board of the school or
    32  school district, for a purpose  expressly  authorized  as  part  of  the
    33  approved  tuition  methodology for the year in which the funds are to be
    34  expended. The director of the budget, in consultation with  the  commis-
    35  sioner, shall establish the authorized uses for the expenditures of such
    36  funds  as part of the approved tuition methodology. Any school or school
    37  district that retains funds pursuant to this paragraph shall be required
    38  to annually report a statement of the total balance of any such retained
    39  funds, the amount, if any, retained in the prior school year, an amount,
    40  if any, dispersed in the prior school year, and any additional  informa-
    41  tion  requested  by the department as part of the financial reports that
    42  are required to be annually submitted to the department.
    43    § 4. This act shall take effect immediately.