Bill Text: NY S00572 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to special act school districts and special education; authorizes boards of education of special act school districts to establish fiscal stabilization reserve funds.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO EDUCATION [S00572 Detail]
Download: New_York-2021-S00572-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 572--A Cal. No. 482 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. MAYER, BROOKS, GAUGHRAN, HARCKHAM, JACKSON, LIU, MANNION, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to special act school districts and special education The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4004 of the education law is amended by adding a 2 new subdivision 5 to read as follows: 3 5. The board of education of a special act school district shall be 4 authorized to establish a fiscal stabilization reserve fund. There may 5 be paid into such fund an amount as may be provided pursuant to the 6 requirements of paragraph k of subdivision four of section forty-four 7 hundred five of this title. 8 § 2. Subdivision 4 of section 4405 of the education law is amended by 9 adding a new paragraph k to read as follows: 10 k. The tuition methodology established pursuant to this subdivision 11 for the two thousand twenty-one--two thousand twenty-two school year and 12 annually thereafter shall authorize approved private residential or 13 non-residential schools for the education of students with disabilities 14 that are located within the state, and special act school districts, to 15 retain funds in excess of their allowable and reimbursable costs 16 incurred for services and programs provided to school-age students. The 17 amount of funds that may be annually retained shall not exceed one 18 percent of the school's or school district's total allowable and reim- 19 bursable costs for services and programs provided to school-age students EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02625-02-1S. 572--A 2 1 for the school year from which the funds are to be retained; provided 2 that the total accumulated balance that may be retained shall not exceed 3 four percent of such total costs for such school year; and provided 4 further that such funds shall not be recoverable on reconciliation. 5 Funds may be expended only pursuant to an authorization of the governing 6 board of the school or school district, for a purpose expressly author- 7 ized as part of the approved tuition methodology for the year in which 8 the funds are to be expended. The director of the budget, in consulta- 9 tion with the commissioner, shall establish the authorized uses for the 10 expenditures of such funds as part of the approved tuition methodology. 11 Any school or school district that retains funds pursuant to this para- 12 graph shall be required to annually report a statement of the total 13 balance of any such retained funds, the amount, if any, retained in the 14 prior school year, the amount, if any, disbursed in the prior school 15 year, and any additional information requested by the department as part 16 of the financial reports that are required to be annually submitted to 17 the department. 18 § 3. This act shall take effect immediately.
