S998-2013 Actions

• Jan 9, 2013: REFERRED TO EDUCATION

S998-2013 Memo

BILL NUMBER:S998

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing school districts
to establish reserve funds for the payment of the costs and expenses of
programs of special education

PURPOSE:
Authorizes school districts to establish a reserve fun to cover the
costs and expenses of providing special education programs

SUMMARY OF PROVISIONS:

Section one- adds two new subdivisions to section 3651 of the
education law to provide for the establishment of a reserve fund for
the payments of the costs and expenses of providing programs of
special education.

Section two- contains the effective date.

EXISTING LAW:

Section 3651 of the Education Law relates to special revenue funds

JUSTIFICATION:
Under the current state education aid formula, each school district's
aid is based on enrollment from the previous school year. There are
many instances when new students enroll in a school district or
enroll during a school year who require special education services.
This legislation seeks to ameliorate this situation by permitting
school distracts' to establish a special reserve
fund for special education purposes so that the district will have the
funds to pay for the needed program in the year the child receives
the service.

LEGISLATIVE HISTORY:
2007/08: S. 5365 Referred to Education Committee
2009/10: S. 296 Referred to Education Committee
2012: S. 6125 Referred to Education Committee

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE:
This act shall take effect immediately.

S998-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          998
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education
 

AN ACT to amend the education law, in  relation  to  authorizing  school
 districts  to establish reserve funds for the payment of the costs and
 expenses of programs of special education
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 3651 of the education law is amended by adding two
 new subdivisions 1-c and 3-b to read as follows:

 1-C.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  ANY  SCHOOL  DISTRICT  MAY  ESTABLISH  A  RESERVE FUND FOR THE
 PAYMENTS OF THE COSTS AND EXPENSES  OF  PROVIDING  PROGRAMS  OF  SPECIAL
 EDUCATION  PURSUANT  TO  ARTICLE  EIGHTY-NINE  OF  THIS CHAPTER, WITHOUT
 APPROVAL BY THE QUALIFIED VOTERS OF  THE  DISTRICT,  PROVIDED,  HOWEVER,
 THAT  THE TOTAL OF THE MONIES HELD IN SUCH RESERVE FUND SHALL NOT EXCEED
 THAT AMOUNT WHICH MIGHT REASONABLY BE DEEMED NECESSARY  TO  MEET  ANTIC
 IPATED COSTS AND EXPENSES OF PROVIDING PROGRAMS OF SPECIAL EDUCATION FOR
 WHICH THE STATE HAS NOT PROVIDED FINANCIAL ASSISTANCE. ANY MONIES DEPOS
 ITED  TO SUCH RESERVE FUND WHICH ARE NOT EXPENDED FOR THE PAYMENT OF THE
 COSTS AND EXPENSES OF PROVIDING PROGRAMS OF SPECIAL EDUCATION DURING THE
 SCHOOL YEAR AND/OR WHICH WILL NOT REASONABLY BE REQUIRED TO PAY ANY SUCH
 COSTS AND EXPENSES SHALL BE RETURNED TO THE GENERAL FUND.
 3-B. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION, ANY SCHOOL DISTRICT WHICH ESTABLISHES A RESERVE FUND IN ACCORD
 ANCE  WITH  SUBDIVISION ONE-C OF THIS SECTION MAY MAKE EXPENDITURES FROM
 SUCH FUND FOR THE PURPOSES SPECIFIED IN SUCH SUBDIVISION WITHOUT AUTHOR
 IZATION OF THE VOTERS.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01200-01-3

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