What's happening
This bill allows school districts to create reserve funds for special education costs without voter approval, using excess funds only as needed.
Why it matters
Gives school districts more flexibility to manage unpredictable special education costs. , letting them set aside money proactively instead of reacting to emergencies or waiting for voter approval.
Helps ensure continuity and quality of special education services. , since funds can be quickly accessed when needed, reducing the risk of budget shortfalls that could disrupt support for students with disabilities.
Limits the amount districts can hold in reserve to only what's reasonably necessary. for anticipated, unfunded special education expenses, with any unused funds returned to the general budget—helping prevent over-accumulation and maintaining public transparency.
Removes a layer of bureaucracy by waiving the requirement for voter approval. to create and spend from these reserve funds, which could speed up school district responses to changing special education needs.
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Who cares
Headline styles
Let Schools Save for Special Ed
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Schools Save for Special Ed
In Assembly Committee · Education · Sponsor Monica P. Wallace
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1961
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
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 Assembly, 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 anticipated costs and expenses of providing programs of special education for which the state has not provided financial assistance. Any monies deposited 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 accordance with subdivision one-c of this section may make expenditures from such fund for the purposes specified in such subdivision without authorization of the voters.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00323-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2017-18: S.2610/A.10398: Referred Education; Referred Education
2015-16: S. 998 Referred to Education
2007/08: S. 5365 Referred to Education Committee
2009/10: S. 296 Referred to Education Committee
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.