S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5996
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 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 TWENTY-ONE--TWENTY-TWO 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 TWEN-
 TY-ONE 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-uuuu
 to read as follows:
   §  97-UUUU.  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.
              

                                                            LBD07210-01-1

 A. 5996                             2
 
 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.