Bill Text: NY A10489 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the the funding of certain approved non-public special education programs and special act public school districts.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2012-05-29 - referred to education [A10489 Detail]
Download: New_York-2011-A10489-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10489
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. BROOK-KRASNY -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to the funding of certain
approved non-public special education programs and special act public
school districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 9 of section 4001 of the education law, as
2 added by chapter 563 of the laws of 1980 and as renumbered by chapter
3 947 of the laws of 1981, is amended to read as follows:
4 9. "Tuition" shall mean the per pupil cost of all instructional
5 services, supplies and equipment, and the operation of instructional
6 facilities as determined by the commissioner. FOR THE TWO THOUSAND
7 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER, TUITION RATES
8 FOR A PARTICULAR SCHOOL YEAR THAT ARE CALCULATED BASED ON THAT SCHOOL
9 YEAR'S ACTUAL COSTS AND REVENUES MAY INCLUDE A SURPLUS FACTOR OF NOT
10 MORE THAN TWO PERCENT OF THAT SCHOOL YEAR'S ALLOWABLE AND REIMBURSABLE
11 COSTS AS DETERMINED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF
12 THE BUDGET, TO THE EXTENT THAT TUITION REVENUES EXCEED ALLOWABLE AND
13 REIMBURSABLE COSTS. Approved tuition shall be computed from expenditures
14 for which no revenue has been received from the following sources:
15 a. Receipts from the federal government;
16 b. Any cash receipts which reduce the cost of an item applied against
17 the item therefor, except gifts, donations and earned interest; and
18 c. Any refunds made or any apportionment or payment received from the
19 state for experimental or special programs as approved by the commis-
20 sioner.
21 S 2. Subdivision 1 of section 4003 of the education law, as amended by
22 chapter 947 of the laws of 1981, is amended to read as follows:
23 1. The commissioner [of education], the commissioner of [social] THE
24 OFFICE OF CHILDREN AND FAMILY services, and, when appropriate, the
25 commissioner of mental health shall develop reimbursement methodologies
26 for the tuition and maintenance components of child care institutions
27 and special act school districts. The commissioner [of education], in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15964-01-2
A. 10489 2
1 consultation with the appropriate state agencies and departments AND IN
2 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FOUR OF SECTION FORTY-FOUR
3 HUNDRED FIVE OF THIS CHAPTER, shall have responsibility for developing a
4 reimbursement methodology for tuition which shall be based upon appro-
5 priate educational standards promulgated pursuant to regulations of the
6 commissioner [of education]. The commissioner of [social] THE OFFICE OF
7 CHILDREN AND FAMILY services, except for institutions for which the
8 state health department or the office of mental health establishes main-
9 tenance rates, in consultation with appropriate state agencies and
10 departments, shall have responsibility for developing a reimbursement
11 methodology for maintenance, pursuant to section three hundred ninety-
12 eight-a of the social services law and the regulations promulgated ther-
13 eunder.
14 S 3. Subdivision 5 of section 4401 of the education law, as amended by
15 chapter 470 of the laws of 1977, is amended to read as follows:
16 5. "Tuition" shall mean the per pupil cost of all instructional
17 services, supplies and equipment, the operation of instructional facili-
18 ties and allocable debt service for the instructional facilities, as
19 determined by the commissioner. FOR THE TWO THOUSAND TWELVE--TWO THOU-
20 SAND THIRTEEN SCHOOL YEAR AND THEREAFTER, TUITION RATES FOR A PARTICULAR
21 SCHOOL THAT ARE CALCULATED BASED ON THAT SCHOOL YEAR'S ACTUAL COSTS AND
22 REVENUES MAY INCLUDE A SURPLUS FACTOR OF NOT MORE THAN TWO PERCENT OF
23 THAT SCHOOL YEAR'S ALLOWABLE AND REIMBURSABLE COSTS, AS DETERMINED BY
24 THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, TO THE
25 EXTENT THAT TUITION REVENUES EXCEED ALLOWABLE AND REIMBURSABLE COSTS.
26 Approved tuition shall be computed from expenditures from which no
27 revenue has been received from the following sources:
28 (a) receipts from the federal government;
29 (b) any cash receipts which reduce the cost of an item applied against
30 the item therefor, except gifts, donations and earned interest[,]; and
31 (c) any refunds made or any apportionment or payment received from the
32 state for experimental or special programs as approved by the commis-
33 sioner.
34 S 4. Subdivision 4 of section 4405 of the education law is amended by
35 adding two new paragraphs j and k to read as follows:
36 J. NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE CONTRARY,
37 FOR THE PURPOSE OF ESTABLISHING TUITION RATES FOR THE TWO THOUSAND
38 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER, THE COMMIS-
39 SIONER SHALL DEVELOP A MULTI-YEAR TUITION RATE SETTING METHODOLOGY,
40 PURSUANT TO THIS PARAGRAPH, IN WHICH RATES ESTABLISHED IN YEAR ONE ARE
41 BASED ON ALLOWABLE HISTORICAL COSTS AS DETERMINED BY THE COMMISSIONER
42 AND APPROVED BY THE DIRECTOR OF THE BUDGET. THE TUITION RATE FOR YEAR
43 TWO SHALL BE CALCULATED BY APPLYING A COST-OF-LIVING FACTOR, AS DETER-
44 MINED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, TO
45 THE APPROVED YEAR ONE RATE. THE TUITION RATE FOR YEAR THREE SHALL BE
46 CALCULATED BY APPLYING A COST-OF-LIVING FACTOR, AS DETERMINED BY THE
47 COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, TO THE APPROVED
48 YEAR TWO TUITION RATE. THIS MULTI-YEAR RATE SETTING METHODOLOGY SHALL BE
49 IMPLEMENTED ON A STAGGERED BASIS SO THAT APPROXIMATELY ONE-THIRD OF THE
50 SCHOOLS TO WHICH THE METHODOLOGY IS APPLIED WILL HAVE INITIAL YEAR ONE
51 RATES CALCULATED DURING EACH YEAR OF THE FIRST THREE YEAR CYCLE AS
52 DETERMINED BY THE COMMISSIONER, PROVIDED, HOWEVER, THAT DURING THE TRAN-
53 SITION PERIOD WHILE SCHOOLS ARE BEING SHIFTED TO A THREE-YEAR CYCLE,
54 SUCH METHODOLOGY SHALL PROVIDE FOR COST-OF-LIVING INCREASES FOR THOSE
55 SCHOOLS NOT YET IN YEAR TWO OF A THREE-YEAR CYCLE AS OF THE TWO THOUSAND
56 THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR BASED UPON APPLICATION OF A
A. 10489 3
1 COST-OF-LIVING FACTOR TO THE TUITION RATE OTHERWISE CALCULATED FOR SUCH
2 SCHOOLS PURSUANT TO THIS SUBDIVISION. THE COMMISSIONER SHALL PROMULGATE
3 REGULATIONS NECESSARY FOR IMPLEMENTATION OF THE MULTI-YEAR RATE SETTING
4 METHODOLOGY AS PROVIDED BY THIS PARAGRAPH.
5 K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
6 THE CONTRARY, TUITION RATES FOR SPECIAL EDUCATION ITINERANT TEACHER
7 PROGRAMS APPROVED UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER
8 FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THER-
9 EAFTER SHALL BE ESTABLISHED ON A REGIONAL BASIS.
10 S 5. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law provided, however, that the commissioner of
12 education shall promulgate rules and regulations immediately to effectu-
13 ate the timely implementation of this act.
