Authorizes school districts to establish a reserve fund to cover the costs and expenses of providing special education programs.
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.
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.
STATE OF NEW YORK ________________________________________________________________________ 998 2013-2014 Regular Sessions IN 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