Relates to establishing a fiscal stabilization reserve fund as part of the tuition reimbursement methodology for school age programs and to providing an annual growth amount for the tuition reimbursement for school age programs operated by in-state approved private schools for the education of students with disabilities and special act school districts.
STATE OF NEW YORK
________________________________________________________________________
5061--A
2015-2016 Regular Sessions
IN ASSEMBLY
February 11, 2015
___________
Introduced by M. of A. NOLAN, MAYER, FAHY, McDONALD, BRONSON, LIFTON,
CAHILL, JAFFEE -- (at request of the State Education Department) --
read once and referred to the Committee on Education -- recommitted to
the Committee on Education in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the education law, in relation to establishing a fiscal
stabilization reserve fund as part of the tuition reimbursement meth-
odology for school age programs and providing an annual growth amount
for the tuition reimbursement for school age programs operated by
in-state approved private schools for the education of students with
disabilities and 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. Paragraph c of subdivision 4 of section 4405 of the educa-
2 tion law, as amended by chapter 82 of the laws of 1995, is amended to
3 read as follows:
4 c. The director of the budget, in consultation with the commissioner
5 [of education], the commissioner of social services, and any other state
6 agency or other source the director may deem appropriate, shall approve
7 reimbursement methodologies for tuition and for maintenance. Any modifi-
8 cation in the approved reimbursement methodologies shall be subject to
9 the approval of the director of the budget. [Notwithstanding any other
10 provision of law, rule or regulation to the contrary, tuition rates
11 established for the nineteen hundred ninety-five--ninety-six school year
12 shall exclude the two percent cost of living adjustment authorized in
13 rates established for the nineteen hundred ninety-four--ninety-five
14 school year.] Tuition rates approved for the two thousand sixteen--two
15 thousand seventeen school year and thereafter for special services or
16 programs provided to school-age students by approved private residential
17 or non-residential schools for the education of students with disabili-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08391-03-6
A. 5061--A 2
1 ties that are located within the state, and by special act school
2 districts shall grow by a percentage equal to the greater of: (i) the
3 average, rounded to three decimal places, of the quotients of the total
4 personal income of taxpayers in the state for each state fiscal year in
5 the three-year period finishing with the state fiscal year one year
6 prior to the state fiscal year in which the base year commenced divided
7 by the total personal income of taxpayers of the state for each imme-
8 diately preceding state fiscal year, rounded to three decimal places
9 minus one, or (ii) zero.
10 § 2. Section 4004 of the education law is amended by adding a new
11 subdivision 5 to read as follows:
12 5. The board of education of a special act school district shall be
13 authorized to establish a fiscal stabilization reserve fund. There may
14 be paid into such fund an amount as may be provided pursuant to the
15 requirements of paragraph k of subdivision four of section forty-four
16 hundred five of this title.
17 § 3. Subdivision 4 of section 4405 of the education law is amended by
18 adding a new paragraph k to read as follows:
19 k. The tuition methodology established pursuant to this subdivision
20 for the two thousand sixteen--two thousand seventeen school year and
21 thereafter shall authorize approved private residential or non-residen-
22 tial schools for the education of students with disabilities that are
23 located within the state, and special act school districts, to retain
24 funds in excess of their allowable and reimbursable costs incurred for
25 services and programs provided to school-age students. The amount of
26 funds that may be annually retained shall not exceed one percent of the
27 school's or school district's total allowable and reimbursable costs for
28 services and programs provided to school-age students for the school
29 year from which the funds are to be retained; provided that the total
30 accumulated balance that may be retained shall not exceed four percent
31 of such total costs for such school year. Funds may be expended only
32 pursuant to an authorization of the governing board of the school or
33 school district, for a purpose expressly authorized as part of the
34 approved tuition methodology for the year in which the funds are to be
35 expended. The director of the budget, in consultation with the commis-
36 sioner, shall establish the authorized uses for the expenditures of such
37 funds as part of the approved tuition methodology. Any school or school
38 district that retains funds pursuant to this paragraph shall be required
39 to annually report a statement of the total balance of any such retained
40 funds, the amount, if any, retained in the prior school year, an amount,
41 if any, dispersed in the prior school year, and any additional informa-
42 tion requested by the department as part of the financial reports that
43 are required to be annually submitted to the department.
44 § 4. This act shall take effect immediately.