STATE OF NEW YORK
________________________________________________________________________
9107--A
Cal. No. 1286
IN SENATE
April 26, 2024
___________
Introduced by Sens. MAYER, JACKSON, WEBB -- read twice and ordered
printed, and when printed to be committed to the Committee on Disabil-
ities -- reported favorably from said committee and 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 reserved funds for
special educational services for certain children with disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph k of subdivision 4 of
2 section 4405 of the education law, as amended by section 19-a of part A
3 of chapter 56 of the laws of 2022, is amended to read as follows:
4 (ii) The tuition methodology established pursuant to this subdivision
5 for the two thousand twenty-two--two thousand twenty-three school year
6 and annually thereafter shall authorize approved providers to retain
7 funds in excess of their allowable and reimbursable costs incurred for
8 services and programs provided to school-age and preschool students. The
9 amount of funds that may be annually retained shall not exceed the
10 allowable surplus percentage of the approved provider's total allowable
11 and reimbursable costs for services and programs provided to school-age
12 and preschool students for the school year from which the funds are to
13 be retained, as defined in subparagraph (iii) of this paragraph;
14 provided that such funds shall not be recoverable on reconciliation of
15 tuition rates and provided further that any interest earned or invest-
16 ments realized on such funds shall supplement and not supplant any funds
17 provided by the tuition methodology once retained. For purposes of this
18 subparagraph, "approved providers" shall mean private residential or
19 non-residential schools for the education of students with disabilities
20 that are located within the state, special act school districts, and
21 programs approved pursuant to section forty-four hundred ten of this
22 article that are subject to tuition rate reconciliation.
23 § 2. This act shall take effect immediately and shall be deemed to
24 have been in full force and effect on and after April 1, 2021.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15092-03-4
