Assembly Bill A10315A

2023-2024 Legislative Session

Relates to reserved funds for special educational services for certain children with disabilities

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Sponsored By

Current Bill Status Via S9107 - Passed Assembly

  • 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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Bill Amendments

2023-A10315 - Details

See Senate Version of this Bill:
S9107
Law Section:
Education Law
Laws Affected:
Amd §4405, Ed L

2023-A10315 - Summary

Relates to reserved funds for special educational services for certain children with disabilities.

2023-A10315 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10315
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) --
   read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation  to  reserved  funds  for
   special educational services for certain children with disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (iv)  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, is amended to read as follows:
   (iv) Funds authorized to be  retained  under  this  paragraph  may  be
 expended only pursuant to an authorization of the governing board of the
 school,  school  district or program approved pursuant to section forty-
 four hundred ten of this article, for a purpose expressly authorized  as
 part of the approved tuition methodology for the year in which the funds
 are  to  be  expended,  provided that funds may be expended to pay prior
 year outstanding debts. Any school, school district, or program approved
 pursuant to section forty-four hundred ten of this article that  retains
 funds  pursuant to this paragraph shall be required to annually report a
 statement of the total balance of any such retained funds,  the  amount,
 if any, retained in the prior school year, the amount, if any, dispersed
 in  the  prior  school year, and any additional information requested by
 the department as part of the financial reports that are required to  be
 annually  submitted  to  the  department, AND PROVIDED FURTHER THAT SUCH
 RESERVED FUNDS, INCLUDING ANY ACCRUED INTEREST OR  INVESTMENTS  OF  SUCH
 FUNDS,  OF  SPECIAL  ACT  SCHOOL DISTRICTS SHALL ONLY SUPPLEMENT AND NOT
 SUPPLANT ANY FUNDS PROVIDED BY TUITION METHODOLOGY ONCE RESERVED.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15092-01-4

2023-A10315A (ACTIVE) - Details

See Senate Version of this Bill:
S9107
Law Section:
Education Law
Laws Affected:
Amd §4405, Ed L

2023-A10315A (ACTIVE) - Summary

Relates to reserved funds for special educational services for certain children with disabilities.

2023-A10315A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10315--A
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) --
   read once and referred to the  Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the education law, in relation to reserved funds for
   special educational services for certain children with disabilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (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, is amended to read as follows:
   (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 in excess of their allowable and reimbursable costs  incurred  for
 services and programs provided to school-age and preschool students. The
 amount  of  funds  that  may  be  annually retained shall not exceed the
 allowable surplus percentage of the approved provider's total  allowable
 and  reimbursable costs 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  reconciliation  of
 tuition  rates  AND PROVIDED FURTHER THAT ANY INTEREST EARNED OR INVEST-
 MENTS REALIZED ON SUCH FUNDS SHALL SUPPLEMENT AND NOT SUPPLANT ANY FUNDS
 PROVIDED BY THE TUITION METHODOLOGY ONCE RETAINED. 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, 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 and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15092-02-4

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