Exempts tuition payments from items used to determine total spending for purposes of implementing a contingency school budget.

---

S1474-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 7, 2011: REFERRED TO EDUCATION

S1474-2011 Memo

BILL NUMBER:S1474

TITLE OF BILL:
An act
to amend the education law, in relation to exempting tuition payments
from items
used to determine total spending under a contingency school budget

PURPOSE:
To exempt tuition payments from the types of expenditures used to
determine total spending under a contingency school budget.

SUMMARY OF PROVISIONS:
This legislation would amend paragraph b of
subdivision 4 of section 2023 of the education law by adding a new
subparagraph (ix) thereto which exempts tuition payments made by
school districts from the list of expenditures used in determining
total spending under a contingency school budget.

EXISTING LAW:
Under existing law, tuition payments made by school
districts are expenditures that are included in the calculation to
determine total spending under a contingency school budget.

JUSTIFICATION:
When a school district's budget proposals are not
approved by the voters the sole trustee, board of trustees, or board
of education must adopt a contingency budget. The contingency budget,
by law, is not permitted to exceed 4% increase in total spending over
the district's total spending under the school district budget for
the prior school year.

The school district does not determine the payments made to another
school district for tuition and therefore these payments could far
exceed the 4% increase from the previous year's spending for which a
school district is permitted to levy a tax for a contingency budget.
The school district could conceivably find itself paying such sum to
another school district that it would be left without any increase in
monies to pay for necessary expenses. This legislation would exempt
tuition payments, which a school district has no control in
determining, from its contingency budget.

LEGISLATIVE HISTORY:
2001-02: S.3288/A.6610
2003-04: S.331/A.1804
2005-06: S.542/A.882
2007-08: S.132/A.173
2009-10: S.242/A.332

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S1474-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

      S. 1474                                                  A. 1422

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                               January 7, 2011
                                 ___________

  IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
    ed, and when printed to be committed to the Committee on Education

  IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
    to the Committee on Education

  AN ACT to amend the education law,  in  relation  to  exempting  tuition
    payments  from  items used to determine total spending under a contin-
    gency school budget

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subparagraphs  (vi),  (vii)  and  (vii) of paragraph b of
  subdivision 4 of section 2023 of the education law, subparagraph (vi) as
  separately amended by section 1 of part D-2 of chapter  57  and  chapter
  422  of  the  laws  of 2007, subparagraph (vii) as added by section 1 of
  part D-2 of chapter 57 of the laws of 2007  and  subparagraph  (vii)  as
  added by chapter 422 of the laws of 2007, are amended and a new subpara-
  graph (ix) is added to read as follows:

    (vi)  non-recurring  expenditures  in the prior year's school district
  budget; [and]
    (vii) expenditures for payments to charter schools pursuant to section
  twenty-eight hundred fifty-six of this [chapter.]TITLE;
    [(vii)] (VIII) expenditures for self-supporting programs. For purposes
  of this subparagraph, "self-supporting programs" shall mean any programs
  that are entirely funded by private funds that cover all  the  costs  of
  the program[.]; AND
    (IX) EXPENDITURES FOR TUITION PAYMENTS.
    S 2. This act shall take effect immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03720-01-1