Senate Bill S9132

2021-2022 Legislative Session

Relates to the tuition methodology for special education schools and programs

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A10191 - Passed Senate

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S9132 (ACTIVE) - Details

See Assembly Version of this Bill:
A10191
Law Section:
Education Law
Laws Affected:
Amd §4405, Ed L

2021-S9132 (ACTIVE) - Summary

Clarifies that the tuition methodology for 853 schools, special act public school districts and 4410 programs will authorize them to retain funds prior to the implementation of the reconciliation process of the methodology, including cost screens.

2021-S9132 (ACTIVE) - Sponsor Memo

2021-S9132 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9132
 
                             I N  S E N A T E
 
                               May 10, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to the tuition  methodol-
   ogy for special education schools and programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraphs (i) and (ii) of paragraph k of subdivision  4
 of section 4405 of the education law, as amended by section 19-a of part
 A of chapter 56 of the laws of 2022, are amended to read as follows:
   (i)  The  tuition methodology established pursuant to this subdivision
 for the two thousand twenty-one--two  thousand  twenty-two  school  year
 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 PRIOR TO THE
 APPLICATION  OF RECONCILIATION, INCLUDING BUT NOT LIMITED TO, THE APPLI-
 CATION OF NON-DIRECT CARE AND TOTAL COST SCREENS,  in  excess  of  their
 allowable  and  reimbursable  costs, AS DEFINED BY THE REIMBURSABLE COST
 MANUAL, 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 reimbursable costs for services and programs] PROSPECTIVE  PER  DIEM
 RATE  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] RETAINED PRIOR TO THE
 APPLICATION OF reconciliation of tuition rates, and  shall  be  separate
 from  and in addition to any other authorization to retain surplus funds
 on reconciliation.
   (ii) The tuition methodology established pursuant to this  subdivision
 for  the  two thousand twenty-two--two thousand twenty-three school year
 and annually thereafter shall authorize  approved  providers  to  retain
 funds  PRIOR  TO  THE  APPLICATION OF RECONCILIATION, INCLUDING, BUT NOT
 LIMITED TO, THE APPLICATION OF NON-DIRECT CARE AND TOTAL  COST  SCREENS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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