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Assembly Bill A8086

2023-2024 Legislative Session

Permits special education services and programs for preschool children with handicapping conditions to establish reserve funds

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Archive: Last Bill Status - In Assembly Committee

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2023-A8086 (ACTIVE) - Details

See Senate Version of this Bill:
S7215
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §4405, Ed L
Versions Introduced in 2025-2026 Legislative Session:
A7674, S5702

2023-A8086 (ACTIVE) - Summary

Permits special education services and programs for preschool children with handicapping conditions to establish reserve funds.

2023-A8086 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8086
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 29, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in  relation  to  permitting  special
   education  services and programs for preschool children with handicap-
   ping conditions to establish reserve funds

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4405 of the education law is amended by adding a
 new subdivision 7 to read as follows:
   7. FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR  SCHOOL
 YEAR  AND  THEREAFTER,  AN  INSTITUTION SUBJECT TO THIS ARTICLE SHALL BE
 AUTHORIZED TO RETAIN FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE
 COSTS INCURRED FOR SERVICES AND  PROGRAMS  TO  STUDENTS  APPOINTED.  THE
 AMOUNT  OF  FUNDS  THAT  MAY  BE  ANNUALLY RETAINED SHALL NOT EXCEED ONE
 PERCENT OF THE INSTITUTION'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS  FOR
 SERVICES  AND  PROGRAMS  PROVIDED  TO  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,  SUCH  FUNDS  SHALL  BE  CARRIED
 FORWARD  AS  TOTAL REIMBURSABLE COSTS FOR PURPOSES OF CALCULATING SUBSE-
 QUENT YEAR PROSPECTIVE AND RECONCILIATION TUITION RATES AND  SUCH  FUNDS
 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 INSTITUTION
 FOR A PURPOSE EXPRESSLY AUTHORIZED AS PART OF ALLOWABLE  COSTS  FOR  THE
 YEAR  IN  WHICH THE FUNDS ARE TO BE EXPENDED, PROVIDED THAT FUNDS MAY BE
 EXPENDED TO PAY PRIOR  YEAR  OUTSTANDING  DEBTS.  ANY  INSTITUTION  THAT
 RETAINS FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REQUIRED TO ANNUALLY
 REPORT  A  STATEMENT  OF  THE  TOTAL BALANCE OF SUCH RETAINED FUNDS, THE
 AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR, THE AMOUNT,  IF  ANY,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08490-01-3

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