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S09107 Text:

                STATE OF NEW YORK
            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.
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