A10489-2011 Actions

• May 29, 2012: referred to education

A10489-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10489
 I N  ASSEMBLY
 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:

 

Section 1. Subdivision 9 of section 4001  of  the  education  law,  as
 added  by  chapter  563 of the laws of 1980 and as renumbered by chapter
 947 of the laws of 1981, is amended to read as follows:

 9. "Tuition" shall mean  the  per  pupil  cost  of  all  instructional
 services,  supplies  and  equipment,  and the operation of instructional
 facilities as determined by the commissioner.    FOR  THE  TWO  THOUSAND
 TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER, TUITION RATES
 FOR A PARTICULAR SCHOOL YEAR THAT ARE CALCULATED BASED  ON  THAT  SCHOOL
 YEAR'S  ACTUAL  COSTS  AND  REVENUES MAY INCLUDE A SURPLUS FACTOR OF NOT
 MORE THAN TWO PERCENT OF THAT SCHOOL YEAR'S ALLOWABLE  AND  REIMBURSABLE
 COSTS  AS DETERMINED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF
 THE BUDGET, TO THE EXTENT THAT TUITION  REVENUES  EXCEED  ALLOWABLE  AND
 REIMBURSABLE COSTS. Approved tuition shall be computed from expenditures
 for 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.
 

S 2. Subdivision 1 of section 4003 of the education law, as amended by
 chapter 947 of the laws of 1981, is amended to read as follows:

 1. The commissioner [of education], the commissioner of  [social]  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  services,  and, when appropriate, the
 commissioner of mental health shall develop reimbursement  methodologies
 for  the  tuition  and maintenance components of child care institutions
 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
 consultation  with the appropriate state agencies and departments AND IN
 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FOUR OF SECTION FORTY-FOUR
 HUNDRED FIVE OF THIS CHAPTER, shall have responsibility for developing a
 reimbursement  methodology  for tuition which shall be based upon appro
 priate educational standards promulgated pursuant to regulations of  the
 commissioner  [of education]. The commissioner of [social] THE OFFICE OF
 CHILDREN AND FAMILY services, except  for  institutions  for  which  the
 state health department or the office of mental health establishes main
 tenance  rates,  in  consultation  with  appropriate  state agencies and
 departments, shall have responsibility for  developing  a  reimbursement
 methodology  for  maintenance, pursuant to section three hundred ninety
 eight-a of the social services law and the regulations promulgated ther
 eunder.
 

S 3. 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 of instructional facili
 ties  and  allocable  debt  service for the instructional facilities, as
 determined by the commissioner.  FOR THE TWO THOUSAND TWELVE--TWO  THOU
 SAND THIRTEEN SCHOOL YEAR AND THEREAFTER, TUITION RATES FOR A PARTICULAR
 SCHOOL  THAT ARE CALCULATED BASED ON THAT SCHOOL YEAR'S ACTUAL COSTS AND
 REVENUES MAY INCLUDE A SURPLUS FACTOR OF NOT MORE THAN  TWO  PERCENT  OF
 THAT  SCHOOL  YEAR'S  ALLOWABLE AND REIMBURSABLE COSTS, AS DETERMINED BY
 THE COMMISSIONER AND APPROVED BY THE DIRECTOR  OF  THE  BUDGET,  TO  THE
 EXTENT  THAT  TUITION  REVENUES EXCEED ALLOWABLE AND REIMBURSABLE COSTS.
 Approved 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.
 

S 4. Subdivision 4 of section 4405 of the education law is amended  by
 adding two new paragraphs j and k to read as follows:

 J. NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE CONTRARY,
 FOR  THE  PURPOSE  OF  ESTABLISHING  TUITION  RATES FOR THE TWO THOUSAND
 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND  THEREAFTER,  THE  COMMIS
 SIONER  SHALL  DEVELOP  A  MULTI-YEAR  TUITION RATE SETTING METHODOLOGY,
 PURSUANT TO THIS PARAGRAPH, IN WHICH RATES ESTABLISHED IN YEAR  ONE  ARE
 BASED  ON  ALLOWABLE  HISTORICAL COSTS AS DETERMINED BY THE COMMISSIONER
 AND APPROVED BY THE DIRECTOR OF THE BUDGET. THE TUITION  RATE  FOR  YEAR
 TWO  SHALL  BE CALCULATED BY APPLYING A COST-OF-LIVING FACTOR, AS DETER
 MINED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, TO
 THE APPROVED YEAR ONE RATE. THE TUITION RATE FOR  YEAR  THREE  SHALL  BE
 CALCULATED  BY  APPLYING  A  COST-OF-LIVING FACTOR, AS DETERMINED BY THE
 COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, TO THE APPROVED
 YEAR TWO TUITION RATE. THIS MULTI-YEAR RATE SETTING METHODOLOGY SHALL BE
 IMPLEMENTED ON A STAGGERED BASIS SO THAT APPROXIMATELY ONE-THIRD OF  THE
 SCHOOLS  TO  WHICH THE METHODOLOGY IS APPLIED WILL HAVE INITIAL YEAR ONE
 RATES CALCULATED DURING EACH YEAR OF  THE  FIRST  THREE  YEAR  CYCLE  AS
 DETERMINED BY THE COMMISSIONER, PROVIDED, HOWEVER, THAT DURING THE TRAN
 SITION  PERIOD  WHILE  SCHOOLS  ARE BEING SHIFTED TO A THREE-YEAR CYCLE,
 SUCH METHODOLOGY SHALL PROVIDE FOR COST-OF-LIVING  INCREASES  FOR  THOSE
 SCHOOLS NOT YET IN YEAR TWO OF A THREE-YEAR CYCLE AS OF THE TWO THOUSAND
 THIRTEEN--TWO  THOUSAND FOURTEEN SCHOOL YEAR BASED UPON APPLICATION OF A
 
       A. 10489                            3
 COST-OF-LIVING FACTOR TO THE TUITION RATE OTHERWISE CALCULATED FOR  SUCH
 SCHOOLS PURSUANT TO THIS SUBDIVISION.  THE COMMISSIONER SHALL PROMULGATE
 REGULATIONS  NECESSARY FOR IMPLEMENTATION OF THE MULTI-YEAR RATE SETTING
 METHODOLOGY AS PROVIDED BY THIS PARAGRAPH.
 K.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, TUITION RATES  FOR  SPECIAL  EDUCATION  ITINERANT  TEACHER
 PROGRAMS  APPROVED  UNDER SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER
 FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THER
 EAFTER SHALL BE ESTABLISHED ON A REGIONAL BASIS.
 

S 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law provided, however, that the  commissioner  of
 education shall promulgate rules and regulations immediately to effectu
 ate the timely implementation of this act.

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