S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8245

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the education law, in relation to defining "tuition" for
  the 2010-2011 school year

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  9  of  section 4001 of the education law, as
added by chapter 563 of the laws of 1980 and as  renumbered  by  chapter
947 of the laws of 1981, is amended to read as follows:
  9.  "Tuition"  shall  mean  the  per  pupil  cost of all instructional
services, supplies and equipment, and  the  operation  of  instructional
facilities  as determined by the commissioner.  FOR THE TWO THOUSAND TEN
-- TWO THOUSAND ELEVEN SCHOOL YEAR AND THEREAFTER, TUITION RATES  FOR  A
PARTICULAR  SCHOOL  YEAR THAT ARE CALCULATED BASED ON THAT SCHOOL YEAR'S
ACTUAL  COSTS  AND  REVENUES  MAY  INCLUDE  A  SURPLUS  FACTOR,  AT  THE
DISCRETION OF THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE DIVI-
SION  OF THE BUDGET, OF NOT MORE THAN FOUR PERCENT OF THAT SCHOOL YEAR'S
ALLOWABLE AND REIMBURSABLE COSTS, TO THE EXTENT  THAT  TUITION  REVENUES
EXCEED  ALLOWABLE  AND  REIMBURSABLE  COSTS.  Approved  tuition shall be
computed from expenditures for which no revenue has been  received  from
the following sources:
  a. Receipts from the federal government;
  b.  Any cash receipts which reduce the cost of an item applied against
the item therefor, except gifts, donations and earned interest; and
  c. Any refunds made or any apportionment or payment received from  the
state  for  experimental  or special programs as approved by the commis-
sioner.
  S 2. Subdivision 5 of section 4401 of the education law, as amended by
chapter 470 of the laws of 1977, is amended to read as follows:
  5. "Tuition" shall mean  the  per  pupil  cost  of  all  instructional
services, supplies and equipment, the operation of instructional facili-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11648-01-9
              

A. 8245                             2

ties  and  allocable  debt  service for the instructional facilities, as
determined by the commissioner.  FOR THE TWO THOUSAND TEN --  TWO  THOU-
SAND  ELEVEN  SCHOOL YEAR AND THEREAFTER, TUITION RATES FOR A PARTICULAR
SCHOOL YEAR THAT ARE CALCULATED BASED ON THAT SCHOOL YEAR'S ACTUAL COSTS
AND  REVENUES  MAY  INCLUDE  A  SURPLUS FACTOR, AT THE DISCRETION OF THE
COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET,
OF NOT MORE THAN FOUR PERCENT OF THAT SCHOOL YEAR'S ALLOWABLE AND  REIM-
BURSABLE COSTS, TO THE EXTENT THAT TUITION REVENUES EXCEED ALLOWABLE AND
REIMBURSABLE COSTS. Approved tuition shall be computed from expenditures
from which no revenue has been received from the following sources:
  (a) receipts from the federal government;
  (b) any cash receipts which reduce the cost of an item applied against
the item therefor, except gifts, donations and earned interest, and
  (c) any refunds made or any apportionment or payment received from the
state  for  experimental  or special programs as approved by the commis-
sioner.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the commissioner of education shall promulgate rules and regulations
necessary to effectuate the implementation of the provisions of this act
on its effective date.