S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3121
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  amend  the  education law, in relation to the definition of
   "tuition" for children with handicapping conditions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  5  of  section 4401 of the education law, as
 amended by chapter 470 of the laws  of  1977,  is  amended  to  read  as
 follows:
   5.  "Tuition"  shall  mean  the  per  pupil  cost of all instructional
 services, supplies and equipment, the operation, MAINTENANCE AND  ADMIN-
 ISTRATION of instructional facilities and allocable debt service for the
 instructional  facilities,  as determined by the commissioner. [Approved
 tuition] IT SHALL ALSO INCLUDE DIRECT REIMBURSEMENT OUTSIDE  THE  DIRECT
 AND INDIRECT COSTS SCREENS, OF ACTUAL PUBLIC EXPENSES CALCULATED ANNUAL-
 LY.    TUITION shall be computed from expenditures from which no revenue
 has been received from the following sources:
   (a) receipts from the federal government;
   (b) any cash receipts which reduce the cost of an item applied against
 the item therefor, except gifts, donations and earned interest[,]; and
   (c) any refunds made or any apportionment or payment received from the
 state for experimental or special programs as approved  by  the  commis-
 sioner.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07102-01-3