Assembly Bill A10762

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10762
 
                           I N  A S S E M B L Y
 
                               May 17, 2018
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to  funding  for  special
   act school districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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.
   §  2. Subdivision 4 of section 4405 of the education law is amended by
 adding a new paragraph k to read as follows:
   K. (I) THE TUITION METHODOLOGY ESTABLISHED PURSUANT TO  THIS  SUBDIVI-
 SION  FOR  THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
 AND ANNUALLY THEREAFTER SHALL AUTHORIZE APPROVED PRIVATE RESIDENTIAL  OR
 NON-RESIDENTIAL  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 REIM-
 BURSABLE 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
 COMMISSIONER, SHALL ESTABLISH THE AUTHORIZED USES FOR  THE  EXPENDITURES
 OF SUCH FUNDS AS PART OF THE APPROVED TUITION METHODOLOGY. ANY SCHOOL OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15919-01-8

 A. 10762                            2
 
 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 ADDI-
 TIONAL INFORMATION REQUESTED BY THE DEPARTMENT AS PART OF THE  FINANCIAL
 REPORTS THAT ARE REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
   (II)  NOTWITHSTANDING  ANY  LAW  TO THE CONTRARY, A SPECIAL ACT SCHOOL
 DISTRICT, AS AUTHORIZED UNDER ARTICLE EIGHTY-ONE OF THIS  TITLE,  OR  AN
 EDUCATIONAL  OR  RESIDENTIAL  FACILITY,  AS  AUTHORIZED BY CHAPTER EIGHT
 HUNDRED FIFTY-THREE OF THE LAWS  OF  NINETEEN  HUNDRED  SEVENTY-SIX,  AN
 EDUCATIONAL  INSTITUTION AS AUTHORIZED UNDER ARTICLE EIGHTY-FIVE OF THIS
 TITLE, OR A PROGRAM AUTHORIZED BY THIS ARTICLE, FOR AID PAYABLE FOR  THE
 TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER,
 SHALL RECEIVE AT MINIMUM, THE SAME PERCENTAGE INCREASE AS THAT OF GENER-
 AL  SUPPORT  FOR  PUBLIC  SCHOOLS  AS  ENACTED  IN THE STATE BUDGET WHEN
 COMPARED TO THE ENACTED STATE BUDGET IN THE BASE YEAR.
   § 3. This act shall take effect immediately.