assembly Bill A5142A

2021-2022 Legislative Session

Relates to special act school districts and special education

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to ways and means
Mar 22, 2021 reported referred to ways and means
Mar 18, 2021 print number 5142a
Mar 18, 2021 amend and recommit to education
Feb 11, 2021 referred to education

Co-Sponsors

A5142 - Details

See Senate Version of this Bill:
S572
Law Section:
Education Law
Laws Affected:
Amd §§4004 & 4405, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A10834, S8623

A5142 - Summary

Relates to special act school districts and special education; authorizes boards of education of special act school districts to establish fiscal stabilization reserve funds.

A5142 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5142
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M. of A. BENEDETTO, JACKSON -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law, in relation  to  special  act  school
   districts and special education
 
   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. 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

A5142A (ACTIVE) - Details

See Senate Version of this Bill:
S572
Law Section:
Education Law
Laws Affected:
Amd §§4004 & 4405, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A10834, S8623

A5142A (ACTIVE) - Summary

Relates to special act school districts and special education; authorizes boards of education of special act school districts to establish fiscal stabilization reserve funds.

A5142A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5142--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO,  JACKSON,  OTIS  -- read once and
   referred to the Committee on Education -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law, in relation  to  special  act  school
   districts and special education

   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. 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, 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; AND PROVIDED
 FURTHER THAT SUCH FUNDS SHALL  NOT  BE  RECOVERABLE  ON  RECONCILIATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.