Exempts tuition payments from items used to determine total spending for purposes of implementing a contingency school budget.
BILL NUMBER: S242
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 (vii) 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 : 2007-08, S.132; 2005-06, S.542; 2003-04, S.331; 2001-2002, S.3288.
FISCAL IMPLICATIONS : To be determined.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 242 A. 332 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 7, 2009 ___________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 [.]; [(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. LBD01001-01-9