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.
LBD15586-01-2
S. 9132 2
in excess of their allowable and reimbursable costs, AS DEFINED BY THE
REIMBURSABLE COST MANUAL, incurred for services and programs provided to
school-age and preschool students. The amount of funds that may be annu-
ally retained shall not exceed the allowable surplus percentage, AS
DEFINED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH, of the approved provid-
er's [total allowable and reimbursable costs] PROSPECTIVE PER DIEM RATE
for services and programs provided to school-age and preschool students
for the school year from which the funds are to be retained[, as defined
in subparagraph (iii) of this paragraph]; provided that such funds shall
[not] be [recoverable on] RETAINED PRIOR TO THE APPLICATION OF reconcil-
iation [of tuition rates]. For purposes of this subparagraph, "approved
providers" shall mean private residential or non-residential schools for
the education of students with disabilities that are located within the
state, special act school districts, JULY AND AUGUST PROGRAMS FOR
STUDENTS WITH DISABILITIES APPROVED PURSUANT TO SECTION FORTY-FOUR
HUNDRED EIGHT OF THIS ARTICLE, and programs approved pursuant to section
forty-four hundred ten of this article that are subject to tuition rate
reconciliation.
§ 2. This act shall take effect immediately.