Bill Text: NY S07096 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the retention of federal funds for special education programs for preschool children that are subject to tuition rate reconciliation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2021-06-10 - SUBSTITUTED BY A7755A [S07096 Detail]

Download: New_York-2021-S07096-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7096

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 28, 2021
                                       ___________

        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Disabilities

        AN ACT to amend the  education  law,  in  relation  to  authorizing  the
          retention   of  federal  funds  for  special  education  programs  for
          preschool children

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

     1    Section  1. Paragraph k of subdivision 4 of section 4405 of the educa-
     2  tion law, as added by section 37-f of part A of chapter 56 of  the  laws
     3  of 2021, is amended to read as follows:
     4    k.  The  tuition  methodology established pursuant to this subdivision
     5  for the two thousand twenty-one--two thousand twenty-two school year and
     6  annually thereafter shall  authorize  approved  private  residential  or
     7  non-residential  schools for the education of students with disabilities
     8  that are located within the state, [and] special  act  school  districts
     9  and programs approved pursuant to section forty-four hundred ten of this
    10  article,  to  retain funds in excess of their allowable and reimbursable
    11  costs incurred for services and  programs  provided  to  school-age  and
    12  preschool  students.  The  amount of funds that may be annually retained
    13  shall not exceed one percent of the school's [or], school district's, or
    14  program approved pursuant to section  forty-four  hundred  ten  of  this
    15  article's  total  allowable  and  reimbursable  costs  for  services and
    16  programs provided to school-age and preschool students  for  the  school
    17  year  from  which  the funds are to be retained; provided that the total
    18  accumulated balance that may be retained shall not exceed  four  percent
    19  of  such  total  costs for such school year; [and] provided further that
    20  such funds shall not be recoverable on reconciliation of tuition  rates,
    21  shall  be  carried  forward  as total reimbursable costs for purposes of
    22  calculating  subsequent  year  prospective  and  reconciliation  tuition
    23  rates,  and shall be separate from and in addition to any other authori-
    24  zation to retain surplus funds on reconciliation. Funds may be  expended

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11513-01-1
        S. 7096                             2

     1  only  pursuant  to an authorization of the governing board of the school
     2  [or], school district, or program approved pursuant  to  section  forty-
     3  four  hundred ten of this article, for a purpose expressly authorized as
     4  part of the approved tuition methodology for the year in which the funds
     5  are  to  be  expended,  provided that funds may be expended to pay prior
     6  year outstanding debts. Any school [or],  school  district,  or  program
     7  approved pursuant to section forty-four hundred ten of this article that
     8  retains  funds  pursuant to this paragraph shall be required to annually
     9  report a statement of the total balance of any such retained funds,  the
    10  amount,  if  any, retained in the prior school year, the amount, if any,
    11  dispersed in the prior  school  year,  and  any  additional  information
    12  requested  by  the  department as part of the financial reports that are
    13  required to be annually submitted to the department.
    14    § 2. This act shall take effect immediately and  shall  be  deemed  to
    15  have been in full force and effect on and after April 1, 2021.