NY State Senate Bill 2013-S4002A

Senate Bill S4002A

2013-2014 Legislative Session

Relates to certain tuition payments by school districts for general education and special students residing in such school districts

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2014	print number 4002a
Jan 31, 2014	amend and recommit to education
Jan 08, 2014	referred to education
Mar 04, 2013	referred to education

Bill Amendments

Original

A (Active)

2013-S4002 - Details

See Assembly Version of this Bill:: A5584
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6545, A9365
2015-2016: S2361, A3113
2017-2018: S2979, A2340
2019-2020: S3687, A5416
2021-2022: S5173, A5805
2023-2024: S2090, A4292

2013-S4002 - Summary

Relates to certain tuition payments by school districts for general education and special students residing in such school districts.

2013-S4002 - Sponsor Memo

                                BILL NUMBER:S4002

TITLE OF BILL:  An act to amend the education law, in relation to
certain tuition payments by school districts for general education and
special students residing in such school districts

PURPOSE:

Relates to certain tuition payments by school districts for general
education and special students residing, in such school districts.

SUMMARY OF PROVISIONS:

Sub-paragraphs (iii) and (iv) of paragraph 1 of subdivision 2 of
Section 2023-a of the Education Law, as added by Section 2 of part A
of Chapter 97 of the Laws of 2011, are amended and a new paragraph (v)
is added to exclude from the tax levy limit a tax levy necessary for
expenditures for the coming fiscal school year for a school district
with makes payments to one or more school districts to pay for tuition
for general education and special students residing in such school
district.

JUSTIFICATION:

Many school districts without a middle school and/or high school pay
tuition for their secondary students to attend another school

district. As a result of annual fluctuations in enrollment in general
education and special education tuition students and because the rates
are computed by the State Education Department's Seneca Falls formula,
the budgetary increases that many of these school districts are
incurring in just tuition payments alone are placing them
significantly over the current allowable tax levy limit. This
legislation is necessary to exclude from the tax levy limit a tax levy
which is necessary to support expenditures for the coming fiscal
school year for a school district which makes payments one or more
school districts to pay for tuition for general education and special
students residing in such school district. Similar to the exemption
for pension costs, school districts have no direct control over these
costs.

LEGISLATIVE HISTORY:

2012 S.6545/A.9365.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately and shall first apply to school
district budgets and the budget adoption process for the 2013-14
school year; and shall continue to apply to school district budgets
and the budget adoption process for any school year beginning in any
calendar year during which this act is in effect; provided, however,
that the amendments to Section 2023-a of the Education Law made by


Section 1 of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.

2013-S4002 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4002                                                  A. 5584

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 4, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Education

AN ACT to amend the  education  law,  in  relation  to  certain  tuition
  payments  by  school  districts  for  general  education  and  special
  students residing in such school districts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subparagraphs (iii) and (iv) of paragraph i of subdivision
2 of section 2023-a of the education law, as added by section 2 of  part
A of chapter 97 of the laws of 2011, are amended and a new paragraph (v)
is added to read as follows:
  (iii)  in  years in which the normal contribution rate of the New York
state teachers' retirement system, as defined by paragraph a of subdivi-
sion two of section five hundred seventeen of this chapter, increases by
more than two percentage points from  the  previous  year,  a  tax  levy
necessary  for  expenditures  for  the  coming  fiscal  year  for school
district employer contributions to the New York state teachers'  retire-
ment  system  caused by growth in the normal contribution rate minus two
percentage points; [and]
  (iv) a capital tax levy[.]; AND
  (V) A TAX LEVY NECESSARY FOR EXPENDITURES FOR THE COMING FISCAL SCHOOL
YEAR FOR A SCHOOL DISTRICT WHICH MAKES PAYMENTS TO ONE  OR  MORE  SCHOOL
DISTRICTS  TO PAY FOR TUITION FOR GENERAL EDUCATION AND SPECIAL STUDENTS
RESIDING IN SUCH SCHOOL DISTRICT.
  S 2. This act shall take effect immediately and shall first  apply  to
school  district  budgets  and  the  budget    adoption  process for the
2013-2014 school year; and shall continue to apply  to  school  district
budgets and the budget adoption process for any school year beginning in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06149-01-3

S. 4002                             2                            A. 5584

any calendar year during which this act is in effect; provided, however,
that  the  amendments  to  section  2023-a  of the education law made by
section one of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.

2013-S4002A (ACTIVE) - Details

See Assembly Version of this Bill:: A5584
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6545, A9365
2015-2016: S2361, A3113
2017-2018: S2979, A2340
2019-2020: S3687, A5416
2021-2022: S5173, A5805
2023-2024: S2090, A4292

2013-S4002A (ACTIVE) - Summary

Relates to certain tuition payments by school districts for general education and special students residing in such school districts.

2013-S4002A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4002A

TITLE OF BILL:  An act to amend the education law, in relation to
certain tuition payments by school districts for general education and
special students residing in such school districts

PURPOSE:

Relates to certain tuition payments by school districts for general
education and special students residing, in such school districts.

SUMMARY OF PROVISIONS:

Sub-paragraphs (iii) and (iv) of paragraph i of subdivision 2 of Section
2023-a of the Education Law, as added by Section 2 of part A of Chapter
97 of the Laws of 2011, are amended and a new paragraph (v) is added to
exclude from the tax levy limit a tax levy necessary for expenditures
for the coming fiscal school year for a school district with makes
payments to one or more school districts to pay for tuition for general
education and special students residing in such school district.

JUSTIFICATION:

Many school districts without a middle school and/or high school nay
tuition for their secondary students to attend another school district.
As a result of annual fluctuations in enrollment in general education

and special education tuition students and because the rates are
computed by the State Education Department's Seneca Falls formula, the
budgetary increases that many of these school districts are incurring in
just tuition payments alone are placing them significantly over the
current allowable tax levy limit. This legislation is necessary to
exclude from the tax levy limit a tax levy which is necessary to support
expenditures for the coming fiscal school year for a school district
which makes payments one or more school districts to pay for tuition for
general education and special students residing in such school district.
Similar to the exemption for pension costs, school districts have no
direct control over these costs.

LEGISLATIVE HISTORY:

2012 S.6545/A.9365

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately and shall first apply to school
district budgets and the budget adoption process for the 2014-15 school
year; and shall continue to apply to school district budgets and the
budget adoption process for any school year beginning in any calendar

year during which this act is in effect; provided, however, that the
amendments to Section 2023-a of the Education Law made by Section 1 of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.

2013-S4002A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4002--A                                            A. 5584--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 4, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Education --
  recommitted to the Committee on Education in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on  Education  --  recommitted to the Committee on
  Education in accordance with Assembly Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  education  law,  in relation to certain tuition
  payments  by  school  districts  for  general  education  and  special
  students residing in such school districts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraphs (iii) and (iv) of paragraph i of  subdivision
2  of section 2023-a of the education law, as added by section 2 of part
A of chapter 97 of the laws of 2011, are amended and a new paragraph (v)
is added to read as follows:
  (iii) in years in which the normal contribution rate of the  New  York
state teachers' retirement system, as defined by paragraph a of subdivi-
sion two of section five hundred seventeen of this chapter, increases by
more  than  two  percentage  points  from  the previous year, a tax levy
necessary for  expenditures  for  the  coming  fiscal  year  for  school
district  employer contributions to the New York state teachers' retire-
ment system caused by growth in the normal contribution rate  minus  two
percentage points; [and]
  (iv) a capital tax levy[.]; AND
  (V) A TAX LEVY NECESSARY FOR EXPENDITURES FOR THE COMING FISCAL SCHOOL
YEAR  FOR  A  SCHOOL DISTRICT WHICH MAKES PAYMENTS TO ONE OR MORE SCHOOL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06149-02-4

S. 4002--A                          2                         A. 5584--A

DISTRICTS TO PAY FOR TUITION FOR GENERAL EDUCATION AND SPECIAL  STUDENTS
RESIDING IN SUCH SCHOOL DISTRICT.
  S  2.  This act shall take effect immediately and shall first apply to
school district budgets  and  the  budget    adoption  process  for  the
2014-2015  school  year;  and shall continue to apply to school district
budgets and the budget adoption process for any school year beginning in
any calendar year during which this act is in effect; provided, however,
that the amendments to section 2023-a  of  the  education  law  made  by
section  one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.

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