Bill Text: NY A10315 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to reserved funds for special educational services for certain children with disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-06 - substituted by s9107a [A10315 Detail]

Download: New_York-2023-A10315-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10315--A

                   IN ASSEMBLY

                                      May 17, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) --
          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 reserved funds for
          special educational services for certain children with disabilities

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

     1    Section  1.  Subparagraph  (ii)  of  paragraph  k  of subdivision 4 of
     2  section 4405 of the education law, as amended by section 19-a of part  A
     3  of chapter 56 of the laws of 2022, is amended to read as follows:
     4    (ii)  The tuition methodology established pursuant to this subdivision
     5  for the two thousand twenty-two--two thousand twenty-three  school  year
     6  and  annually  thereafter  shall  authorize approved providers to retain
     7  funds in excess of their allowable and reimbursable costs  incurred  for
     8  services and programs provided to school-age and preschool students. The
     9  amount  of  funds  that  may  be  annually retained shall not exceed the
    10  allowable surplus percentage of the approved provider's total  allowable
    11  and  reimbursable costs for services and programs provided to school-age
    12  and preschool students for the school year from which the funds  are  to
    13  be  retained,  as  defined  in  subparagraph  (iii)  of  this paragraph;
    14  provided that such funds shall not be recoverable on  reconciliation  of
    15  tuition  rates  and provided further that any interest earned or invest-
    16  ments realized on such funds shall supplement and not supplant any funds
    17  provided by the tuition methodology once retained. For purposes of  this
    18  subparagraph,  "approved  providers"  shall  mean private residential or
    19  non-residential schools for the education of students with  disabilities
    20  that  are  located  within  the state, special act school districts, and
    21  programs approved pursuant to section forty-four  hundred  ten  of  this
    22  article that are subject to tuition rate reconciliation.
    23    §  2.  This  act  shall take effect immediately and shall be deemed to
    24  have been in full force and effect on and after April 1, 2021.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15092-02-4