Senate Bill S7697

2011-2012 Legislative Session

Relates to timely payment of apportioned state monies for reimbursement of certain nonpublic schools for expenses in complying with certain reporting requirements

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2012	referred to rules

co-Sponsors

2011-S7697 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add §3603, Ed L

2011-S7697 (ACTIVE) - Summary

Relates to timely payment of apportioned state monies for reimbursement of certain nonpublic schools for expenses in complying with certain reporting requirements.

2011-S7697 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7697

TITLE OF BILL:
An act
to amend the education law, in relation to the timely payment of
apportioned state monies for the reimbursement of certain nonpublic
schools for their expenses in complying with certain state requirements
for the reporting of basic education date and for the reimbursement of
mandated services

PURPOSE OR GENERAL IDEA OF BILL:
To ensure certainty and
predictability in the process by which religious and independent
schools are reimbursed for certain mandated services.

SUMMARY OF SPECIFIC PROVISIONS:
Adds section 3603 to the Education Law
requiring the State Education Department to reimburse religious and
independent schools on a specific date for the cost of mandated
services reimbursed under chapter 507 of the laws of 1974;
establishes procedures in the event of an over-payment or
under-payment; and requires SED to return to the practice of
providing a single reimbursement payment.

EXISTING LAW:
Existing law does not provide a date

certain by which
religious and independent schools are to receive their mandated
services reimbursement payments.

JUSTIFICATION:
A schedule of state aid payments to public school
districts is set forth in law, thereby giving school districts the
certainty needed to more easily manage their budgets. Religious and
independent schools, however, are not afforded the same certainty in
receiving their annual Mandated Services Reimbursement checks. In
numerous instances, the delay in the payment process has forced
schools to borrow money to meet their basic needs, such as payroll and
utility payments, while incurring additional expense by paying
interest on borrowed money.

Moreover, there are separate applications and separate checks issued
for Comprehensive Attendance Policy (CAP) reimbursement - a process
initiated in recent years - which is inefficient for both the State
and schools. This measure re-establishes the more efficient single
application/payment process and will alleviate the necessity of
borrowing by ensuring that reimbursement payments shall take place
on a date certain and through a single payment. Religious and
independent schools will thereby be afforded the same certainty and
predictability enjoyed by their public school counterparts.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.


LOCAL FISCAL IMPLICATIONS:
Will help provide stability in the
budgeting process for religious and independent schools.

EFFECTIVE DATE:
The act shall take effect on January 1 after the date
of enactment provided that timely payments required pursuant to this
act shall commence in the year following the year in which it shall
have taken effect - thereby giving the Commissioner at least one year
for implementation.

2011-S7697 (ACTIVE) - Bill Text download pdf

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

                                  7697

                            I N  S E N A T E

                              June 14, 2012
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to the timely payment  of
  apportioned  state  monies  for the reimbursement of certain nonpublic
  schools for their expenses in complying with  certain  state  require-
  ments for the reporting of basic education date and for the reimburse-
  ment of mandated services

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

  Section 1. The education law is amended by adding a new  section  3603
to read as follows:
  S  3603. MONIES APPORTIONED, PAYMENTS TO NONPUBLIC SCHOOLS. 1.  TIMELY
PAYMENT OF STATE REIMBURSEMENT. THE COMMISSIONER SHALL MAKE, ON AN ANNU-
AL BASIS, A SINGLE PAYMENT OF APPORTIONED MONIES TO  QUALIFYING  SCHOOLS
PURSUANT TO CHAPTER 507 OF THE LAWS OF 1974 NO LATER THAN THE LAST TUES-
DAY  OF  JANUARY  IN THE YEAR SUBSEQUENT TO THE YEAR IN WHICH SUCH COSTS
WERE INCURRED.
  2. ADJUSTMENTS IN APPORTIONMENT OF STATE REIMBURSEMENT. A. WHENEVER  A
QUALIFYING SCHOOL'S REIMBURSEMENT IS LESS THAN THAT TO WHICH IT IS ENTI-
TLED, THE COMMISSIONER SHALL NOTIFY SUCH SCHOOL OF THE AMOUNT OR PROPOR-
TION  OF  REIMBURSEMENT  DUE  SUCH  SCHOOL  AND SHALL DRAW UPON THE NEXT
APPROPRIATION MADE AVAILABLE PURSUANT TO CHAPTER 507 OF THE LAWS OF 1974
TO PROVIDE THE BALANCE DUE SUCH SCHOOL.
  B. WHENEVER A SCHOOL HAS BEEN APPORTIONED MORE THAN THAT TO  WHICH  IT
IS  ENTITLED, THE COMMISSIONER SHALL NOTIFY SUCH SCHOOL OF SUCH OVERPAY-
MENT AND MAY DEDUCT  SUCH  OVERPAYMENT  FROM  A  SUBSEQUENT  PAYMENT  OR
PAYMENTS,  AS  DETERMINED  BY  THE  COMMISSIONER,  MADE FOR SUCH PURPOSE
PROVIDED, HOWEVER, SUCH EXCESS PAYMENT MAY  BE  RECOVERED  BEGINNING  NO
SOONER  THAN  THE  JANUARY  PAYMENT  DUE  SUCH SCHOOL IN THE SCHOOL YEAR
FOLLOWING THE YEAR IN WHICH  SUCH  NOTIFICATION  WAS  RECEIVED.  IF  THE
COMMISSIONER  FINDS  DEDUCTING  FROM A SUBSEQUENT PAYMENT OR PAYMENTS IS
NOT FEASIBLE AS A MEANS TO  RECOVER  AN  OVERPAYMENT  FROM  A  QUALIFIED
SCHOOL,  THE  COMMISSIONER  MAY DIRECT SUCH SCHOOL TO PROVIDE PAYMENT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16262-01-2

S. 7697                             2

THE STATE TO BE CREDITED BACK TO THE FUND  FOR  STATE  REIMBURSEMENT  TO
QUALIFYING SCHOOLS AS ESTABLISHED FOR THIS PURPOSE.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided  that  timely
payments  required  pursuant  to  this  act  shall  commence in the year
following the year in which this act shall take effect.

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Senate Bill S7697

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Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2011-S7697 (ACTIVE) - Details

2011-S7697 (ACTIVE) - Summary

2011-S7697 (ACTIVE) - Sponsor Memo

2011-S7697 (ACTIVE) - Bill Text download pdf

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

David Storobin

2011-S7697 (ACTIVE) - Details

2011-S7697 (ACTIVE) - Summary

2011-S7697 (ACTIVE) - Sponsor Memo

2011-S7697 (ACTIVE) - Bill Text download pdf

Comments