S T A T E O F N E W Y O R K
________________________________________________________________________
2930
2023-2024 Regular Sessions
I N A S S E M B L Y
February 1, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to authorizing certain
school districts to establish excess tuition reserve funds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3651 of the education law is amended by adding a
new subdivision 1-c to read as follows:
1-C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, IN ANY SCHOOL DISTRICT THAT CONTRACTS WITH ANOTHER SCHOOL
DISTRICT FOR THE EDUCATION OF SOME OF THEIR STUDENTS FOR GENERAL EDUCA-
TION OR SPECIAL EDUCATION PURPOSES, THE BOARD OF EDUCATION OF SUCH
SCHOOL DISTRICT MAY ESTABLISH A RESERVE FOR EXCESS TUITION PAYMENTS
CAUSED BY: (A) INCREASES IN NUMBER OF TUITION PAYING STUDENTS FROM THE
PREVIOUS FISCAL YEAR; OR (B) INCREASES IN THE AMOUNT OF TUITION PAYMENTS
CHARGED PER STUDENT FROM THE PREVIOUS FISCAL YEAR, IN ORDER TO STABILIZE
THE SCHOOL DISTRICT PROPERTY TAX LEVY, WITHOUT APPROVAL OF THE QUALIFIED
VOTERS OF THE SCHOOL DISTRICT. THE AMOUNT OF SUCH RESERVE SHALL NOT
EXCEED THE AVERAGE ANNUAL AMOUNT EXPENDED FOR SUCH PURPOSES OVER THE
THREE PREVIOUS COMPLETED FISCAL YEARS. THIS SUBDIVISION SHALL ONLY
APPLY TO SCHOOL DISTRICTS WITH AN ENROLLMENT OF FIFTEEN HUNDRED STUDENTS
OR LESS WHERE THE TOTAL COST OF TUITION PAYMENTS TO OTHER SCHOOL
DISTRICTS IS ONE MILLION DOLLARS OR MORE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05677-01-3