NY State Senate Bill 2021-S5173

Senate Bill S5173

2021-2022 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 05, 2022	referred to education
Feb 25, 2021	referred to education

2021-S5173 (ACTIVE) - Details

See Assembly Version of this Bill:: A5805
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
2013-2014: S4002, A5584
2015-2016: S2361, A3113
2017-2018: S2979, A2340
2019-2020: S3687, A5416
2023-2024: S2090, A4292

2021-S5173 (ACTIVE) - Summary

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

2021-S5173 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5173

SPONSOR: PALUMBO
 
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 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 necessary to support expendi-
tures for the coming fiscal school year for a school district that 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:

2020 S.3687/A. 5416;

2017-18 S.2979A/A.2340A;

2015-16 S.2361A/A.3113A;

2013-2014 S.4002A/A.5584A;

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 2021-2022
school year; and shall continue to apply to school district budgets and
the budget adoption process for any school year beginning in any calen-
dar year during which this act is in effect.

2021-S5173 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5173                                                  A. 5805
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- 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 -- Multi-Sponsored by -- M.
   of  A.  MONTESANO -- read once and referred to the Committee on Educa-
   tion

 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.
   § 2. This act shall take effect immediately and shall first  apply  to
 school  district  budgets  and  the  budget    adoption  process for the
 2021-2022 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05714-01-1

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