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

                                 5061--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2015
                               ___________

Introduced  by  M.  of A. NOLAN, MAYER, FAHY, McDONALD, BRONSON, LIFTON,
  CAHILL, JAFFEE -- (at request of the State  Education  Department)  --
  read once and referred to the Committee on Education -- recommitted to
  the  Committee on Education in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT to amend the education law, in relation to establishing a fiscal
  stabilization reserve fund as part of the tuition reimbursement  meth-
  odology  for school age programs and providing an annual growth amount
  for the tuition reimbursement for  school  age  programs  operated  by
  in-state  approved  private schools for the education of students with
  disabilities and special act school districts

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

  Section  1. Paragraph c of subdivision 4 of section 4405 of the educa-
tion law, as amended by chapter 82 of the laws of 1995,  is  amended  to
read as follows:
  c.  The  director of the budget, in consultation with the commissioner
[of education], the commissioner of social services, and any other state
agency or other source the director may deem appropriate, shall  approve
reimbursement methodologies for tuition and for maintenance. Any modifi-
cation  in  the approved reimbursement methodologies shall be subject to
the approval of the director of the budget. [Notwithstanding  any  other
provision  of  law,  rule  or  regulation to the contrary, tuition rates
established for the nineteen hundred ninety-five--ninety-six school year
shall exclude the two percent cost of living  adjustment  authorized  in
rates  established  for  the  nineteen  hundred ninety-four--ninety-five
school year.] TUITION RATES APPROVED FOR THE TWO  THOUSAND  SIXTEEN--TWO
THOUSAND  SEVENTEEN  SCHOOL  YEAR AND THEREAFTER FOR SPECIAL SERVICES OR
PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS BY APPROVED PRIVATE RESIDENTIAL
OR NON-RESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH  DISABILI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08391-03-6
              

A. 5061--A                          2

TIES  THAT  ARE  LOCATED  WITHIN  THE  STATE,  AND BY SPECIAL ACT SCHOOL
DISTRICTS SHALL GROW BY A PERCENTAGE EQUAL TO THE GREATER  OF:  (I)  THE
AVERAGE,  ROUNDED TO THREE DECIMAL PLACES, OF THE QUOTIENTS OF THE TOTAL
PERSONAL  INCOME OF TAXPAYERS IN THE STATE FOR EACH STATE FISCAL YEAR IN
THE THREE-YEAR PERIOD FINISHING WITH THE  STATE  FISCAL  YEAR  ONE  YEAR
PRIOR  TO THE STATE FISCAL YEAR IN WHICH THE BASE YEAR COMMENCED DIVIDED
BY THE TOTAL PERSONAL INCOME OF TAXPAYERS OF THE STATE  FOR  EACH  IMME-
DIATELY  PRECEDING  STATE  FISCAL  YEAR, ROUNDED TO THREE DECIMAL PLACES
MINUS ONE, OR (II) ZERO.
  S 2. Section 4004 of the education law is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  THE  BOARD  OF EDUCATION OF A SPECIAL ACT SCHOOL DISTRICT SHALL BE
AUTHORIZED TO ESTABLISH A FISCAL STABILIZATION RESERVE FUND.  THERE  MAY
BE  PAID  INTO  SUCH  FUND  AN AMOUNT AS MAY BE PROVIDED PURSUANT TO THE
REQUIREMENTS OF PARAGRAPH K OF SUBDIVISION FOUR  OF  SECTION  FORTY-FOUR
HUNDRED FIVE OF THIS TITLE.
  S  3. Subdivision 4 of section 4405 of the education law is amended by
adding a new paragraph k to read as follows:
  K. THE TUITION METHODOLOGY ESTABLISHED PURSUANT  TO  THIS  SUBDIVISION
FOR  THE  TWO  THOUSAND  SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND
THEREAFTER SHALL AUTHORIZE APPROVED PRIVATE RESIDENTIAL OR  NON-RESIDEN-
TIAL  SCHOOLS  FOR  THE EDUCATION OF STUDENTS WITH DISABILITIES THAT ARE
LOCATED WITHIN THE STATE, AND SPECIAL ACT SCHOOL  DISTRICTS,  TO  RETAIN
FUNDS  IN  EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE COSTS INCURRED FOR
SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE  STUDENTS.  THE  AMOUNT  OF
FUNDS  THAT MAY BE ANNUALLY RETAINED SHALL NOT EXCEED ONE PERCENT OF THE
SCHOOL'S OR SCHOOL DISTRICT'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS FOR
SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE  STUDENTS  FOR  THE  SCHOOL
YEAR  FROM  WHICH  THE FUNDS ARE TO BE RETAINED; PROVIDED THAT THE TOTAL
ACCUMULATED BALANCE THAT MAY BE RETAINED SHALL NOT EXCEED  FOUR  PERCENT
OF  SUCH  TOTAL  COSTS  FOR SUCH SCHOOL YEAR. FUNDS MAY BE EXPENDED ONLY
PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD  OF  THE  SCHOOL  OR
SCHOOL  DISTRICT,  FOR  A  PURPOSE  EXPRESSLY  AUTHORIZED AS PART OF THE
APPROVED TUITION METHODOLOGY FOR THE YEAR IN WHICH THE FUNDS ARE  TO  BE
EXPENDED.  THE  DIRECTOR OF THE BUDGET, IN CONSULTATION WITH THE COMMIS-
SIONER, SHALL ESTABLISH THE AUTHORIZED USES FOR THE EXPENDITURES OF SUCH
FUNDS AS PART OF THE APPROVED TUITION METHODOLOGY. ANY SCHOOL OR  SCHOOL
DISTRICT THAT RETAINS FUNDS PURSUANT TO THIS PARAGRAPH SHALL BE REQUIRED
TO ANNUALLY REPORT A STATEMENT OF THE TOTAL BALANCE OF ANY SUCH RETAINED
FUNDS, THE AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR, AN AMOUNT,
IF  ANY, DISPERSED IN THE PRIOR SCHOOL YEAR, AND ANY ADDITIONAL INFORMA-
TION REQUESTED BY THE DEPARTMENT AS PART OF THE FINANCIAL  REPORTS  THAT
ARE REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
  S 4. This act shall take effect immediately.