(ii) During the close-down period and until  all  necessary  financial
obligations  of  the  school  district  have  been  met pursuant to this
paragraph, the commissioner shall require the board of education of  the
school district to periodically submit, as required by the commissioner,
financial  reports  and  financial  statements,  detailing  any tuition,
and/or close-down costs and any  revenues  generated.  In  applying  the
reimbursement  methodology  to any remaining tuition costs and any other
reasonable and appropriate expenses needed to close-down the special act
school district, the commissioner shall reject any close-down costs that
are unnecessary or unreasonable to close-down the school, whether or not
the board of education submits a close-down plan.
  k.  (i)  The  tuition  methodology  established   pursuant   to   this
subdivision  for  the  two  thousand twenty-one--two thousand twenty-two
school  year   shall   authorize   approved   private   residential   or
non-residential  schools for the education of students with disabilities
that are located within the state, and special act school  districts  to
retain  funds  in  excess  of  their  allowable  and  reimbursable costs
incurred for services and programs provided to school-age students.  The
amount  of  funds  that  may  be  annually retained shall not exceed one
percent of  the  school's  or  school  district's  total  allowable  and
reimbursable  costs  for  services  and  programs provided to school-age
students for the school year from which the funds are  to  be  retained;
provided  that  the total accumulated balance that may be retained shall
not exceed four percent of such total costs for such  school  year;  and
provided   further   that   such  funds  shall  not  be  recoverable  on
reconciliation of tuition rates, and  shall  be  separate  from  and  in
addition   to  any  other  authorization  to  retain  surplus  funds  on
reconciliation.
  (ii) The tuition methodology established pursuant to this  subdivision
for  the  two thousand twenty-two--two thousand twenty-three school year
and annually thereafter shall authorize  approved  providers  to  retain
funds  in  excess of their allowable and reimbursable costs incurred for
services and programs provided to school-age and preschool students. The
amount of funds that may be  annually  retained  shall  not  exceed  the
allowable  surplus percentage of the approved provider's total allowable
and reimbursable costs for services and programs provided to  school-age
and  preschool  students for the school year from which the funds are to
be retained,  as  defined  in  subparagraph  (iii)  of  this  paragraph;
provided  that  such funds shall not be recoverable on reconciliation of
tuition rates. For purposes of this subparagraph,  "approved  providers"
shall  mean  private  residential  or  non-residential  schools  for the
education of students with disabilities  that  are  located  within  the
state,  special  act school districts, and programs approved pursuant to
section forty-four hundred ten of  this  article  that  are  subject  to
tuition rate reconciliation.
  (iii)  The  approved  surplus  percentage  shall be as follows: eleven
percent for  the  two  thousand  twenty-two--two  thousand  twenty-three
through two thousand twenty-four--two thousand twenty-five school years,
eight  percent for the two thousand twenty-five--two thousand twenty-six
school year, five percent for the two thousand twenty-six--two  thousand
twenty-seven   school  year,  and  two  percent  for  the  two  thousand
twenty-seven--two  thousand  twenty-eight  school  year   and   annually
thereafter.
  (iv)  Funds  authorized  to  be  retained  under this paragraph may be
expended only pursuant to an authorization of the governing board of the
school,  school  district  or  program  approved  pursuant  to   section
forty-four  hundred  ten  of  this  article,  for  a  purpose  expressly
authorized as part of the approved tuition methodology for the  year  in
which  the funds are to be expended, provided that funds may be expended
to pay prior year outstanding debts. Any  school,  school  district,  or
program  approved  pursuant  to  section  forty-four hundred ten of this
article that retains funds pursuant to this paragraph shall be  required
to annually report a statement of the total balance of any such retained
funds,  the  amount,  if  any,  retained  in  the prior school year, the
amount, if any, dispersed in the prior school year, and  any  additional
information requested by the department as part of the financial reports
that are required to be annually submitted to the department.
  5.  The commissioner shall annually determine the tuition rate and the
commissioner of social services shall annually determine the maintenance
rate for special services or programs provided during the months of July
and August for children with handicapping conditions entitled to  attend
public  schools  without  the  payment  of  tuition  pursuant to section
thirty-two hundred two of this chapter.  The commissioner  of  education
shall  annually  determine  the  tuition  rate, maintenance rate and the
medical services rate, if applicable, for such  children  attending  the
New York state school for the blind or the New York state school for the
deaf  during  the  months  of  July  and  August.  Such  rates  shall be
determined  in  conformance   with   the   reimbursement   methodologies
established  pursuant  to  subdivision four of this section and shall be
subject to the approval of the division of the budget.  Rates  shall  be
determined  for  all  special services or programs as defined in section
forty-four hundred one of this  chapter  and  offered  during  July  and
August.
  6. Tuition and maintenance rates established pursuant to this section,
once  certified  by  the  director  of  the budget, shall be used in all
contracts for the provision of programs  and  services  for  which  such
rates  were  established, provided, however, that the commissioner shall
prorate the amount to be paid for an individual  pupil  enrolled  for  a
period  of  time which is less than the full period of time approved for
such program or services.
Structure New York Laws
Title 6 - Special Schools and Instruction
Article 89 - Children With Handicapping Conditions
4401-A - Referral and Evaluation for Special Education Services or Programs.
4402 - Duties of School Districts.
4403 - Duties of Education Department.
4404 - Appeal Procedures for Children With Handicapping Conditions.
4404-A - Mediation Program for Students With Disabilities.
4406 - Procedures Through the Family Court; Cost of Certain Educational Services.
4407 - Special Provisions Relating to Instruction of Certain Children With Handicapping Conditions.
4408 - Payment for July and August Programs for Students With Disabilities.
4410 - Special Education Services and Programs for Preschool Children With Handicapping Conditions.