Bill Text: NY A10191 | 2021-2022 | General Assembly | Introduced

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Bill Title: Clarifies that the tuition methodology for 853 schools, special act public school districts and 4410 programs will authorize them to retain funds prior to the implementation of the reconciliation process of the methodology, including cost screens.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2022-11-23 - tabled [A10191 Detail]

Download: New_York-2021-A10191-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10191

                   IN ASSEMBLY

                                       May 5, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Benedetto)
          -- read once and referred to the Committee on Education

        AN ACT to amend the education law, in relation to the tuition  methodol-
          ogy for special education schools and programs

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraphs (i) and (ii) of paragraph k of subdivision  4
     2  of section 4405 of the education law, as amended by section 19-a of part
     3  A of chapter 56 of the laws of 2022, are amended to read as follows:
     4    (i)  The  tuition methodology established pursuant to this subdivision
     5  for the two thousand twenty-one--two  thousand  twenty-two  school  year
     6  shall  authorize approved private residential or non-residential schools
     7  for the education of students with disabilities that are located  within
     8  the state, and special act school districts to retain funds prior to the
     9  application  of reconciliation, including but not limited to, the appli-
    10  cation of non-direct care and total cost screens,  in  excess  of  their
    11  allowable  and  reimbursable  costs, as defined by the reimbursable cost
    12  manual, incurred  for  services  and  programs  provided  to  school-age
    13  students.  The  amount  of funds that may be annually retained shall not
    14  exceed one percent of the school's or school district's [total allowable
    15  and reimbursable costs for services and programs] prospective  per  diem
    16  rate  for  services and programs provided to school-age students for the
    17  school year from which the funds are to be retained; provided  that  the
    18  total  accumulated  balance  that  may be retained shall not exceed four
    19  percent of such total costs for such school year; and  provided  further
    20  that  such  funds  shall [not] be [recoverable on] retained prior to the
    21  application of reconciliation of tuition rates, and  shall  be  separate
    22  from  and in addition to any other authorization to retain surplus funds
    23  on reconciliation.
    24    (ii) The tuition methodology established pursuant to this  subdivision
    25  for  the  two thousand twenty-two--two thousand twenty-three school year
    26  and annually thereafter shall authorize  approved  providers  to  retain
    27  funds  prior  to  the  application of reconciliation, including, but not
    28  limited to, the application of non-direct care and total  cost  screens,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15586-01-2
        A. 10191                            2

     1  in  excess  of their allowable and reimbursable costs, as defined by the
     2  reimbursable cost manual, incurred for services and programs provided to
     3  school-age and preschool students. The amount of funds that may be annu-
     4  ally  retained  shall  not  exceed  the allowable surplus percentage, as
     5  defined in subparagraph (iii) of this paragraph, of the approved provid-
     6  er's [total allowable and reimbursable costs] prospective per diem  rate
     7  for  services and programs provided to school-age and preschool students
     8  for the school year from which the funds are to be retained[, as defined
     9  in subparagraph (iii) of this paragraph]; provided that such funds shall
    10  [not] be [recoverable on] retained prior to the application of reconcil-
    11  iation [of tuition rates]. For purposes of this subparagraph,  "approved
    12  providers" shall mean private residential or non-residential schools for
    13  the  education of students with disabilities that are located within the
    14  state, special act  school  districts,  July  and  August  programs  for
    15  students  with  disabilities  approved  pursuant  to  section forty-four
    16  hundred eight of this article, and programs approved pursuant to section
    17  forty-four hundred ten of this article that are subject to tuition  rate
    18  reconciliation.
    19    § 2. This act shall take effect immediately.