S T A T E O F N E W Y O R K
________________________________________________________________________
6473
2017-2018 Regular Sessions
I N A S S E M B L Y
March 7, 2017
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Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to certain tuition and
reconciliation rates; and to amend the state finance law, in relation
to the special education provider revolving loan fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 4405 of the education law is
amended by adding two new paragraphs k and l to read as follows:
K. THE TUITION RATES ESTABLISHED FOR SPECIAL ACT SCHOOL DISTRICTS,
APPROVED PRIVATE SCHOOLS FOR STUDENTS OF SCHOOL AGE, AND APPROVED
PROVIDERS OF SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
ARTICLE FOR THE TWO THOUSAND SEVENTEEN--EIGHTEEN TUITION RATE YEAR AND
ALL SUBSEQUENT YEARS THEREAFTER SHALL EQUAL THE PRODUCT OF THE TUITION
RATE FOR THE BASE YEAR AND PERSONAL INCOME GROWTH INDEX AS DEFINED BY
PARAGRAPH BB OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER.
L. ALL RECONCILIATION RATES FILED AFTER JULY FIRST, TWO THOUSAND
SEVENTEEN IN ACCORDANCE WITH SECTION 200.9 OF THE DEPARTMENT'S RULES AND
REGULATIONS SHALL BE ACTED UPON BY THE DIRECTOR OF THE BUDGET WITHIN ONE
HUNDRED TWENTY DAYS OF SUBMISSION TO THE DEPARTMENT. SUCH RATES SHALL BE
DEEMED APPROVED BY THE DIRECTOR OF THE BUDGET IN THE EVENT THAT NO FINAL
ACTION IS TAKEN BY THE DIRECTOR OF THE BUDGET WITHIN ONE HUNDRED TWENTY
DAYS FROM THE SUBMISSION OF THE RECONCILIATION RATE TO THE DEPARTMENT.
§ 2. The state finance law is amended by adding a new section 97-rrrr
to read as follows:
§ 97-RRRR. SPECIAL EDUCATION PROVIDER REVOLVING LOAN FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE SPECIAL
EDUCATION PROVIDER REVOLVING LOAN FUND. SUCH FUND SHALL CONSIST OF
MONEYS MADE AVAILABLE PURSUANT TO APPROPRIATION AND ANY OTHER SOURCES IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01807-01-7
A. 6473 2
ORDER TO PROVIDE SUPPORT SPECIAL ACT SCHOOL DISTRICTS, STATE EDUCATION
DEPARTMENT APPROVED PRIVATE SCHOOLS FOR SPECIAL EDUCATION STUDENTS OF
SCHOOL AGE, AND APPROVED PROVIDERS OF SERVICES PURSUANT TO SECTION
FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW. MONEYS SHALL BE PAID OUT
OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER PURSUANT
TO SUCH SECTION.
2. THE COMPTROLLER MAY PROVIDE SUCH A LOAN TO A SPECIAL ACT SCHOOL
DISTRICT OR APPROVED SPECIAL EDUCATION PROVIDER DEFINED IN SUBDIVISION
ONE OF THIS SECTION UPON RECEIPT OF A WRITTEN AGREEMENT BETWEEN THE
SCHOOL DISTRICT OR PROVIDER AND THE STATE EDUCATION DEPARTMENT OUTLINING
THE NEED FOR SUCH LOAN AND THE ANTICIPATED TUITION PAYMENT OR TUITION
RECONCILIATION THAT WILL PROVIDE REASONABLE ASSURANCES OF REPAYMENT THAT
IS SATISFACTORY TO THE COMPTROLLER. SUCH LOAN SHALL NOT BEAR INTEREST
AND REPAYMENT OF SUCH LOAN MAY BE MADE UPON RECEIPT OF TUITION PAYMENTS
AND RECONCILIATIONS, PURSUANT TO THE WRITTEN AGREEMENT.
3. THE STATE COMPTROLLER SHALL PROMULGATE RULES AND REGULATIONS WITHIN
NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION FOR THE OPERATION OF
THE SPECIAL EDUCATION PROVIDER REVOLVING LOAN FUND WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE CRITERIA TO BE USED IN DETERMINING HOW AN
ELIGIBLE SPECIAL EDUCATION PROVIDER MAY RECEIVE ASSISTANCE; A PROCEDURE
AND ANY NECESSARY INFORMATION THAT A SPECIAL EDUCATION PROVIDER NEEDS TO
SUBMIT FOR A LOAN FROM THE SPECIAL EDUCATION PROVIDER REVOLVING LOAN
FUND; A SCHEDULE FOR REVIEWING SUCH APPLICATIONS, NOT TO EXCEED THIRTY
DAYS, AND NOTIFICATION TO AN APPLICANT OF APPROVAL OR DISAPPROVAL OF
SUCH APPLICATION FOR A LOAN, AND ANY OTHER REQUIREMENTS DEEMED NECESSARY
BY THE STATE COMPTROLLER.
§ 3. This act shall take effect immediately.