Bill Text: NY S08623 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to special act school districts and special education; authorizes boards of education of special act school districts to establish fiscal stabilization reserve funds.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2020-07-23 - referred to education [S08623 Detail]

Download: New_York-2019-S08623-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8623

                    IN SENATE

                                      June 24, 2020
                                       ___________

        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the education law, in relation  to  special  act  school
          districts and special education

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 4004 of the education law is amended  by  adding  a
     2  new subdivision 5 to read as follows:
     3    5.  The  board  of education of a special act school district shall be
     4  authorized to establish a fiscal stabilization reserve fund.  There  may
     5  be  paid  into  such  fund  an amount as may be provided pursuant to the
     6  requirements of paragraph k of subdivision four  of  section  forty-four
     7  hundred five of this title.
     8    §  2. Subdivision 4 of section 4405 of the education law is amended by
     9  adding a new paragraph k to read as follows:
    10    k. The tuition methodology established pursuant  to  this  subdivision
    11  for the two thousand nineteen--two thousand twenty school year and annu-
    12  ally  thereafter shall authorize approved private residential or non-re-
    13  sidential schools for the education of students with  disabilities  that
    14  are  located  within  the  state,  and  special act school districts, to
    15  retain funds  in  excess  of  their  allowable  and  reimbursable  costs
    16  incurred  for services and programs provided to school-age students. The
    17  amount of funds that may be  annually  retained  shall  not  exceed  one
    18  percent  of  the school's or school district's total allowable and reim-
    19  bursable costs for services and programs provided to school-age students
    20  for the school year from which the funds are to  be  retained;  provided
    21  that the total accumulated balance that may be retained shall not exceed
    22  four  percent  of  such  total  costs for such school year. Funds may be
    23  expended only pursuant to an authorization of the governing board of the
    24  school or school district, for a purpose expressly authorized as part of
    25  the approved tuition methodology for the year in which the funds are  to
    26  be  expended.  The  director  of  the  budget,  in consultation with the
    27  commissioner, shall establish the authorized uses for  the  expenditures
    28  of such funds as part of the approved tuition methodology. Any school or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16791-01-0

        S. 8623                             2

     1  school  district  that retains funds pursuant to this paragraph shall be
     2  required to annually report a statement of the total balance of any such
     3  retained funds, the amount, if any, retained in the prior  school  year,
     4  the  amount,  if  any, disbursed in the prior school year, and any addi-
     5  tional information requested by the department as part of the  financial
     6  reports that are required to be annually submitted to the department.
     7    § 3. This act shall take effect immediately.
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