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S10382 Summary:

BILL NOS10382
 
SAME ASNo Same As
 
SPONSORMAYER
 
COSPNSR
 
MLTSPNSR
 
Amd §§4004 & 4405, Ed L
 
Authorizes capital reserve funds for special act school districts; provides that funds retained in this way can only be expended pursuant to an authorization by governing boards of such schools; provides that annual reports must be provided.
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S10382 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10382
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to amend the education law, authorizing capital reserve funds for
          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.  Subdivision  5  of  section 4004 of the education law, as
     2  added by section 37-e of part A of chapter 56 of the laws  of  2021,  is
     3  amended to read as follows:
     4    5.  The  board  of education of a special act school district shall be
     5  authorized to establish a (i) fiscal  stabilization  reserve  fund;  and
     6  (ii)  capital  reserve fund. There may be paid into such [fund] funds an
     7  amount as may be provided pursuant to the requirements  of  paragraph  k
     8  for  the fiscal stabilization reserve fund and paragraph l for the capi-
     9  tal reserve fund of subdivision four of section forty-four hundred  five
    10  of this title.
    11    §  2. Subdivision 4 of section 4405 of the education law is amended by
    12  adding a new paragraph l to read as follows:
    13    l. (i) The tuition methodology established pursuant to  this  subdivi-
    14  sion  for  the two thousand twenty-six--two thousand twenty-seven school
    15  year shall authorize special act school districts  to  retain  funds  in
    16  excess  of  their allowable and reimbursable costs incurred for services
    17  and programs provided to school-age  students  for  contributions  to  a
    18  capital  reserve fund. The amount of funds that may be annually retained
    19  shall not exceed one percent of the school's or school district's  total
    20  allowable  and  reimbursable costs for services and programs provided to
    21  school-age students for the school year from which the funds are  to  be
    22  retained;  provided  that  the  total  accumulated  balance  that may be
    23  retained shall not exceed four percent of  such  total  costs  for  such
    24  school year; and provided further that such funds shall not be recovera-
    25  ble  on  reconciliation of tuition rates, and shall be separate from and
    26  in addition to any other authorization to retain surplus funds on recon-
    27  ciliation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15837-02-6

        S. 10382                            2
 
     1    (ii) The tuition methodology established pursuant to this  subdivision
     2  for the two thousand twenty-seven--two thousand twenty-eight school year
     3  and  annually thereafter shall authorize special act school districts to
     4  retain funds  in  excess  of  their  allowable  and  reimbursable  costs
     5  incurred for services and programs provided to school-age students.  The
     6  amount  of  funds  that  may  be  annually retained shall not exceed the
     7  allowable surplus percentage of the special act school  districts  total
     8  allowable  and  reimbursable costs for services and programs provided to
     9  school-age students for the school year from which the funds are  to  be
    10  retained,  as  defined in subparagraph (iii) of this paragraph; provided
    11  that such funds shall not be recoverable on  reconciliation  of  tuition
    12  rates and provided further that any interest earned or investments real-
    13  ized  on such funds shall supplement and not supplant any funds provided
    14  by the tuition methodology once retained.
    15    (iii) The approved surplus percentage  shall  be  as  follows:  eleven
    16  percent  for  the  two  thousand  twenty-six--two  thousand twenty-seven
    17  through two  thousand  twenty-seven--two  thousand  twenty-eight  school
    18  years,  eight  percent  for  the two thousand twenty-eight--two thousand
    19  twenty-nine school year, five percent for the two thousand  twenty-nine-
    20  -two  thousand  thirty school year, and two percent for the two thousand
    21  thirty--two thousand thirty-one school year and annually thereafter.
    22    (iv) Funds authorized to be  retained  under  this  paragraph  may  be
    23  expended only pursuant to an authorization of the governing board of the
    24  special  act  school district for a purpose expressly authorized as part
    25  of the approved tuition methodology for the year in which the funds  are
    26  to  be  expended for repairs of capital improvements or equipment, which
    27  are repairs of a type not recurring annually or  at  shorter  intervals,
    28  provided that funds may be expended to pay prior year outstanding debts.
    29  Any  special  act  school district   that retains funds pursuant to this
    30  paragraph shall be required to annually report a statement of the  total
    31  balance  of any such retained funds, the amount, if any, retained in the
    32  prior school year, the amount, if any, disbursed  in  the  prior  school
    33  year, and any additional information requested by the department as part
    34  of  the  financial reports that are required to be annually submitted to
    35  the department.
    36    § 3. This act shall take effect immediately.
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