S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    582
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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 NINETEEN--TWENTY 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 PARA-
 GRAPH BB OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO  OF  THIS
 CHAPTER.
   L. ALL RECONCILIATION RATES FILED AFTER JULY FIRST, TWO THOUSAND NINE-
 TEEN  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-ssss
 to read as follows:
   § 97-SSSS. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00506-01-9

 A. 582                              2
 
 MONEYS MADE AVAILABLE PURSUANT TO APPROPRIATION AND ANY OTHER SOURCES IN
 ORDER TO PROVIDE SUPPORT TO SPECIAL ACT SCHOOL DISTRICTS,  STATE  EDUCA-
 TION  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.