NY State Senate Bill S572A

Archive: Last Bill Status - In Senate Committee Education 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 (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education returned to senate died in assembly
Mar 22, 2021	referred to ways and means returned to assembly repassed senate
Mar 15, 2021	amended on third reading 572a
Mar 15, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 10, 2021	referred to education delivered to assembly passed senate
Mar 04, 2021	advanced to third reading
Mar 03, 2021	2nd report cal.
Mar 02, 2021	1st report cal.482
Jan 06, 2021	referred to education

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S572 - Details

See Assembly Version of this Bill:: A5142
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§4004 & 4405, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S8623, A10834

S572 - 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.

S572 - Sponsor Memo

 
BILL NUMBER: S572

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to special act school
districts and special education

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize special act school districts and State approved private
special education schools serving school age children to establish
reserve funds.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 authorizes special act school districts to establish a fiscal
stabilization reserve fund.

Section 2 stipulates fiscal stabilization reserve funds authorized by
the governing boards of special act school districts and in State

approved private residential and non residential special education
schools shall be permitted for purposes authorized in the approved
tuition methodology. This section further requires tuition methodologies
for the 2021-22 school year and thereafter to allow for the retainment
of such funds for special act school districts and State approved
private special education schools serving school age children. Fiscal
stabilization reserve funds would be limited to four percent of total
annual costs of these programs, comparable to the permitted level for
independent school districts.

Section 3 establishes the effective date.

 
JUSTIFICATION:

Special act school districts and approved private special education
schools educate some of the State's most challenging students yet they
are funded by stringent rate setting methodologies which do not allow
for variances or contingencies for emergencies, planning or adapting to
student needs throughout the school year. The recent pandemic has high-
lighted the need for school leaders to adapt flexibly, quickly and in
the best interests of their students while maintaining fiscal steward-
ship of their operations. This measure affords education leaders of
special act school districts and approved private special education
schools with the option to have available resources to plan, respond and
provide for their students in the same manner.

 
PRIOR LEGISLATIVE HISTORY:

2020: Referred to Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

S572 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    572
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MAYER, GAUGHRAN, LIU, MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02625-01-1

 S. 572                              2
 
 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
 BE EXPENDED. THE DIRECTOR  OF  THE  BUDGET,  IN  CONSULTATION  WITH  THE
 COMMISSIONER,  SHALL  ESTABLISH THE AUTHORIZED USES FOR THE EXPENDITURES
 OF SUCH FUNDS AS PART OF THE APPROVED TUITION METHODOLOGY. ANY SCHOOL OR
 SCHOOL DISTRICT 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, DISBURSED IN THE PRIOR SCHOOL YEAR,  AND  ANY  ADDI-
 TIONAL  INFORMATION REQUESTED BY THE DEPARTMENT AS PART OF THE FINANCIAL
 REPORTS THAT ARE REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
   § 3. This act shall take effect immediately.

Co-Sponsors

S572A (ACTIVE) - Details

See Assembly Version of this Bill:: A5142
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§4004 & 4405, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S8623, A10834

S572A (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.

S572A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S572A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to special act school
districts and special education

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize special act school districts and State approved private
special education schools serving school age children to establish
reserve funds.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 authorizes special act school districts to establish a fiscal
stabilization reserve fund.

Section 2 stipulates fiscal stabilization reserve funds authorized by
the governing boards of special act school districts and in State

approved private residential and non residential special education
schools shall be permitted for purposes authorized in the approved
tuition methodology. This section further requires tuition methodologies
for the 2021-22 school year and thereafter to allow for the retainment
of such funds for special act school districts and State approved
private special education schools serving school age children. Fiscal
stabilization reserve funds would be limited to four percent of total
annual costs of these programs, comparable to the permitted level for
independent school districts.

Section 3 establishes the effective date.

 
JUSTIFICATION:

Special act school districts and approved private special education
schools educate some of the State's most challenging students yet they
are funded by stringent rate setting methodologies which do not allow
for variances or contingencies for emergencies, planning or adapting to
student needs throughout the school year. The recent pandemic has high-
lighted the need for school leaders to adapt flexibly, quickly and in
the best interests of their students while maintaining fiscal steward-
ship of their operations. This measure affords education leaders of
special act school districts and approved private special education
schools with the option to have available resources to plan, respond and
provide for their students in the same manner.

 
PRIOR LEGISLATIVE HISTORY:

2020: Referred to Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

S572A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  572--A
     Cal. No. 482
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER,  BROOKS, GAUGHRAN, HARCKHAM, JACKSON, LIU,
   MANNION, MAY -- read twice and ordered printed, and when printed to be
   committed to the Committee on Education  --  reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  passed  by  Senate  and delivered to the Assembly, recalled,
   vote reconsidered, restored to  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02625-02-1

 S. 572--A                           2
 
 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.
 FUNDS MAY BE EXPENDED ONLY PURSUANT TO AN AUTHORIZATION OF THE GOVERNING
 BOARD OF THE SCHOOL OR SCHOOL DISTRICT, FOR A PURPOSE EXPRESSLY  AUTHOR-
 IZED  AS  PART OF THE APPROVED TUITION METHODOLOGY FOR THE YEAR IN WHICH
 THE FUNDS ARE TO BE EXPENDED. THE DIRECTOR OF THE BUDGET,  IN  CONSULTA-
 TION  WITH THE COMMISSIONER, SHALL ESTABLISH THE AUTHORIZED USES FOR THE
 EXPENDITURES OF SUCH FUNDS AS PART OF THE APPROVED TUITION  METHODOLOGY.
 ANY  SCHOOL OR SCHOOL DISTRICT THAT RETAINS FUNDS PURSUANT TO THIS PARA-
 GRAPH 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, DISBURSED  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.
   § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S572A

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Your Voice

Actions

Votes

Mar 22, 2021 - floor Vote

Floor Vote: Mar 22, 2021

Mar 10, 2021 - floor Vote

Floor Vote: Mar 10, 2021

Mar 2, 2021 - Education committee Vote

Committee Vote: Mar 2, 2021

Bill Amendments

Co-Sponsors

S572 - Details

S572 - Summary

S572 - Sponsor Memo

S572 - Bill Text download pdf

Co-Sponsors

S572A (ACTIVE) - Details

S572A (ACTIVE) - Summary

S572A (ACTIVE) - Sponsor Memo

S572A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S572A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Your Voice

Actions

Votes

Mar 22, 2021 - floor Vote

Floor Vote: Mar 22, 2021

Mar 10, 2021 - floor Vote

Floor Vote: Mar 10, 2021

Mar 2, 2021 - Education committee Vote

Committee Vote: Mar 2, 2021

Bill Amendments

Co-Sponsors

S572 - Details

S572 - Summary

S572 - Sponsor Memo

S572 - Bill Text download pdf

Co-Sponsors

S572A (ACTIVE) - Details

S572A (ACTIVE) - Summary

S572A (ACTIVE) - Sponsor Memo

S572A (ACTIVE) - Bill Text download pdf

Comments