Senate Bill S8340

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8340
 
                             I N  S E N A T E
 
                             February 15, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the  education  law,  in  relation  to  authorizing  the
   retention  of funds for special education programs for preschool chil-
   dren that are subject to tuition rate reconciliation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph k of subdivision 4 of section 4405 of the educa-
 tion law, as added by section 37-f of part A of chapter 56 of  the  laws
 of 2021, is amended to read as follows:
   k.  The  tuition  methodology established pursuant to this subdivision
 for the two thousand twenty-one--two thousand twenty-two 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
 AND PROGRAMS APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
 ARTICLE THAT ARE SUBJECT TO TUITION RATE RECONCILIATION, to retain funds
 in  excess  of  their  allowable  and  reimbursable  costs  incurred for
 services and programs provided to school-age AND PRESCHOOL students. The
 amount of funds that may be  annually  retained  shall  not  exceed  one
 percent  of the school's [or], school district's, OR PROGRAMS SUBJECT TO
 TUITION RATE  RECONCILIATION  THAT  ARE  APPROVED  PURSUANT  TO  SECTION
 FORTY-FOUR  HUNDRED TEN OF THIS ARTICLE'S total allowable and reimbursa-
 ble costs for services and programs provided to school-age AND PRESCHOOL
 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;  [and]
 provided  further  that such funds shall not be recoverable on reconcil-
 iation of tuition rates, and shall be separate from and in  addition  to
 any other authorization to retain surplus funds on reconciliation. Funds
 may be expended only pursuant to an authorization of the governing board
 of  the  school  [or],  school district, OR PROGRAM APPROVED PURSUANT TO
 SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTICLE, for a purpose  expressly
 authorized  as  part of the approved tuition methodology for the year in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11513-04-2
 S. 8340                             2

 which the funds are to be expended, provided that funds may be  expended
 to  pay  prior year outstanding debts. Any school [or], school district,
 OR PROGRAM APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN  OF  THIS
 ARTICLE  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,  the
 amount,  if  any, dispersed in the prior school year, and any additional
 information requested by the department as part of the financial reports
 that are required to be annually submitted to the department.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.