NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A763
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the education law, in relation to the employment prepa-
ration education apportionment
PURPOSE OR GENERAL IDEA OF BILL:
To make an additional reimbursement of expenditures to school districts
and BOCES from the Employment Preparation Education (EPE) apportionment.
SUMMARY OF SPECIFIC PROVISIONS:
The bill amends the EPE apportionment section of the Education Law to
add an additional payment period.
JUSTIFICATION:
School districts and BOCES who receive EPE aid for adult education
students are facing a serious cash flow problem. Twice in this decade
the State, in typical budget sleight-of-hand, has lagged payments for
expenditures already made for six months each time. Given that the State
is often over-late in meeting its responsibilities to make on-time
payments, this additional one-year lag creates a serious cash flow prob-
lem for our school districts and BOCES.
School districts and BOCES typically pay for expenses for their adult
education programs up front, then make reports to the State Education
Department (SED) twice a year. Reports made by March first for the peri-
od ending December 31st are paid sometime after April first. Reports
made by September 15th for the period ending June 30th are paid sometime
after April first. This bill will simply divide the year into thirds,
adding an additional reporting period and further providing that the
total of such payments will not exceed seventy-five percent of the
amount of the claims. This will greatly improve the cash flow for these
programs and will allow the school districts and BOCES to catch up on
the money already owed to them by the State.
PRIOR LEGISLATIVE HISTORY:
2021-2022 A1521 referred to Education
2019/2020 A4091 referred to education 2017/2018 A953 referred to educa-
tion 2015/2016 A1633 referred to education A2634
2009/2010 referred to education new bill Originally was a part of an
omnibus proposal 1997-98 A.5505-C
FISCAL IMPLICATIONS:
Initial catch-up cost to State approximately $10 million. No additional
costs thereafter. Relief to local school districts and BOCES in more
timely payments and a better cash flow situation.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
763
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to the employment prepa-
ration education apportionment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph e of subdivision 11 of section 3602 of the educa-
2 tion law, as amended by section 15 of part B of chapter 57 of the laws
3 of 2007, is amended to read as follows:
4 e. Employment preparation education apportionment. In addition to any
5 other aid payable under this section, the apportionment pursuant to this
6 subdivision shall be the product obtained when the employment prepara-
7 tion education hours are multiplied by the aid per contact hour which
8 shall equal the product of the employment preparation program aid ceil-
9 ing and the employment preparation education aid ratio computed to two
10 decimals, rounded, as calculated based on data on file with the commis-
11 sioner on May fifteenth of the base year. Notwithstanding the provisions
12 of section thirty-six hundred nine-a of this part, the payment of such
13 apportionment shall be based upon reports required by the commissioner
14 for the periods ending December thirty-first, March thirty-first and
15 June thirtieth of each school year; payments for the first reporting
16 period shall be made after April first, based on claims on file by March
17 first, provided that the total of all such payments shall not exceed
18 twenty-five percent of the amount for such school year, with the
19 approved amount of such claims reduced on a pro rata basis if necessary;
20 payments for the second reporting period shall be made after July first,
21 based on claims on file by May thirty-first, provided that the total of
22 all such payments shall not exceed seventy-five percent of the amount of
23 such claims including the remainder of any claims due for the first
24 period, with the approved amount of such claims reduced on a pro rata
25 share if necessary; the remainder of any payments due for the first
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02257-01-3
A. 763 2
1 [period] and second periods plus any payments due for the rest of the
2 school year shall be paid after October first, based on claims on file
3 by September fifteenth, provided that the total of such payments shall
4 not exceed the total amount of ninety-six million dollars ($96,000,000)
5 for such school year, with the approved amount of such claims reduced on
6 a pro rata basis if necessary, provided that the total of such payment
7 for services provided to persons who received a high school diploma or a
8 high school equivalency diploma recognized by New York state shall not
9 exceed the total amount set aside for such purpose pursuant to paragraph
10 a-one of this subdivision in any such school year, with the approved
11 amount of such claims reduced on a pro rata basis if necessary; and aid
12 paid pursuant to this paragraph shall not be included in the computation
13 of the district expenditure need as defined in such section thirty-six
14 hundred nine-a of this part. The employment preparation education appor-
15 tionment for the city school district of the city of New York shall be
16 computed only for the city as a whole.
17 § 2. This act shall take effect immediately.
