Bill Text: NY A04609 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the school funding equity act to eliminate certain minimum aid provisions for the computation of foundation aid and implements a regional cost index to reflect current cost differences among various regions in the state.
Spectrum: Slight Partisan Bill (Democrat 15-6)
Status: (Introduced - Dead) 2014-04-07 - held for consideration in education [A04609 Detail]
Download: New_York-2013-A04609-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4609 2013-2014 Regular Sessions I N A S S E M B L Y February 6, 2013 ___________ Introduced by M. of A. RUSSELL, LUPARDO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to eliminating certain minimum aid provisions for the computation of foundation aid and implement a regional cost index to reflect current cost differences among various regions in the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "school 2 funding equity act". 3 S 2. Paragraph s of subdivision 1 of section 3602 of the education 4 law, as amended by section 11 of part B of chapter 57 of the laws of 5 2007, is amended to read as follows: 6 s. "Extraordinary needs count" shall mean the sum of the product of 7 the limited English proficiency count multiplied by fifty percent, plus, 8 THE PRODUCT OF the poverty count AND ONE HUNDRED FIFTY PERCENT (1.50) 9 and the sparsity count. 10 S 3. Paragraph gg of subdivision 1 of section 3602 of the education 11 law, as added by section 25 of part A of chapter 58 of the laws of 2011, 12 is amended to read as follows: 13 gg. "Allocable growth amount" shall mean the positive difference, if 14 any, of the SUM OF THE allowable growth amount AND FOR DISTRICTS WHICH 15 HAVE NOT ACHIEVED SUCCESSFUL SCHOOL DISTRICT STATUS AS DEFINED IN 16 SUBPARAGRAPH ONE OF PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION, THE 17 INCREASE IN APPORTIONMENTS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION 18 OVER THE BASE YEAR less the sum of the competitive awards amount plus 19 the preliminary growth amount. 20 S 4. Subparagraph 1 of paragraph h of subdivision 2 of section 3602 of 21 the education law, as added by section 13 of part B of chapter 57 of the 22 laws of 2007, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07797-02-3 A. 4609 2 1 (1) Total wealth foundation pupil units shall mean the sum of (i) 2 average daily membership for the year UP TO FIVE YEARS prior to the base 3 year WHICHEVER IS HIGHEST as computed in this section, plus (ii) the 4 full-time equivalent enrollment of resident pupils attending public 5 school elsewhere, less the full-time equivalent enrollment of nonresi- 6 dent pupils, plus (iii) the full-time equivalent enrollment of resident 7 pupils attending full-time in board of cooperative educational services 8 (not otherwise specifically included). Native American pupils of a 9 reservation attending public school, or pupils living on the United 10 States military reservation at West Point attending public school, shall 11 be deemed to be resident pupils of the district providing such school, 12 for purposes of this paragraph. Where a school district has entered into 13 a contract with state university pursuant to subdivision two of section 14 three hundred fifty-five of this chapter under which the school district 15 makes payment in the nature of tuition for the education of certain 16 children residing in the district, such children for whom such tuition 17 payments are made shall be deemed to be resident pupils of such district 18 for the purposes of this paragraph. 19 S 5. The opening paragraph and paragraph a of subdivision 4 of section 20 3602 of the education law, the opening paragraph as amended by section 21 6-a of part A of chapter 57 of the laws of 2012 and paragraph a as 22 amended by section 26 of part A of chapter 58 of the laws of 2011, are 23 amended to read as follows: 24 In addition to any other apportionment pursuant to this chapter, a 25 school district, other than a special act school district as defined in 26 subdivision eight of section four thousand one of this chapter, shall be 27 eligible for total foundation aid equal to the product of total aidable 28 foundation pupil units multiplied by the district's selected foundation 29 aid, which shall be [the greater of five hundred dollars ($500) or] 30 EQUAL TO THE foundation formula aid, provided, however that for the two 31 thousand seven--two thousand eight through two thousand eight--two thou- 32 sand nine school years, no school district shall receive total founda- 33 tion aid in excess of the sum of the total foundation aid base for aid 34 payable in the two thousand seven--two thousand eight school year 35 computed pursuant to subparagraph (i) of paragraph j of subdivision one 36 of this section, plus the phase-in foundation increase computed pursuant 37 to paragraph b of this subdivision, and provided further that for the 38 two thousand twelve--two thousand thirteen school year and thereafter, 39 no school district shall receive total foundation aid in excess of the 40 sum of the total foundation aid base for aid payable in the two thousand 41 eleven--two thousand twelve school year computed pursuant to paragraph j 42 of subdivision one of this section, plus the phase-in foundation 43 increase computed pursuant to paragraph b of this subdivision, and 44 provided further that total foundation aid shall not be less than the 45 product of [the total] foundation aid IN THE base [computed pursuant to 46 paragraph j of subdivision one of this section] YEAR and [one hundred 47 and six-tenths] EIGHTY-FIVE percent [(1.006)] subject to allocation 48 pursuant to the provisions of subdivision eighteen of this section and 49 any provisions of a chapter of the laws of New York as described there- 50 in, nor more than the product of such total foundation aid base and one 51 hundred [fifteen] TWENTY-FIVE percent, and provided further that for the 52 two thousand nine--two thousand ten through two thousand eleven--two 53 thousand twelve school years, each school district shall receive total 54 foundation aid in an amount equal to the amount apportioned to such 55 school district for the two thousand eight--two thousand nine school 56 year pursuant to this subdivision. Total aidable foundation pupil units A. 4609 3 1 shall be calculated pursuant to paragraph g of subdivision two of this 2 section. For the purposes of calculating aid pursuant to this subdivi- 3 sion, aid for the city school district of the city of New York shall be 4 calculated on a citywide basis. 5 a. Foundation formula aid. Foundation formula aid shall equal the 6 remainder when the expected minimum local contribution is subtracted 7 from the product of the foundation amount, the regional cost index, and 8 the pupil need index, or: (foundation amount x regional cost index x 9 pupil need index)- expected minimum local contribution. 10 (1) The foundation amount shall [reflect] EQUAL the average per pupil 11 cost of general education instruction in ALL successful school districts 12 EXCLUDING ONLY THE HIGHEST DECILE SPENDING SUCCESSFUL SCHOOL DISTRICTS 13 AND THE LOWEST DECILE SPENDING SUCCESSFUL SCHOOL DISTRICTS FROM CALCU- 14 LATION OF SUCH AVERAGE, as determined by a statistical analysis of the 15 costs of special education and general education in successful school 16 districts PROVIDED THAT THE DEFINITION OF SUCH SUCCESSFUL SCHOOL 17 DISTRICTS SHALL BE ALIGNED WITH PERFORMANCE DATA FOR SUCCESS AT 18 POST-SECONDARY LEVELS AND WITH PERFORMANCE ON NATIONAL TESTING AND, 19 FURTHER provided that the foundation amount shall be adjusted annually 20 to reflect the percentage increase in the consumer price index as 21 computed pursuant to section two thousand twenty-two of this chapter, 22 provided that for the two thousand eight--two thousand nine school year, 23 for the purpose of such adjustment, the percentage increase in the 24 consumer price index shall be deemed to be two and nine-tenths percent 25 (0.029), and provided further that the foundation amount for the two 26 thousand seven--two thousand eight school year shall be five thousand 27 two hundred fifty-eight dollars, and provided further that for the two 28 thousand seven--two thousand eight through two thousand fifteen--two 29 thousand sixteen school years, the foundation amount shall be further 30 adjusted by the phase-in foundation percent established pursuant to 31 paragraph b of this subdivision. 32 (2) The regional cost index shall reflect an analysis of labor market 33 costs based on median salaries in professional occupations that require 34 similar credentials to those of positions in the education field, but 35 not including those occupations in the education field, provided that 36 the regional cost indices for the two thousand seven--two thousand eight 37 school year and thereafter shall be as follows: 38 Labor Force Region Index 39 Capital District [1.124] 1.149 40 Southern Tier [1.045] 1.061 41 Western New York [1.091] 1.103 42 Hudson Valley [1.314] 1.392 43 Long Island/NYC [1.425] 1.544 44 Finger Lakes [1.141] 1.133 45 Central New York [1.103] 1.130 46 Mohawk Valley [1.000] 1.036 47 North Country 1.000 48 (3) The pupil need index shall equal the sum of one plus the extraor- 49 dinary needs percent[, provided, however, that the pupil need index 50 shall not be less than one nor more than two]. The extraordinary needs 51 percent shall be calculated pursuant to paragraph w of subdivision one 52 of this section. 53 (4) The expected minimum local contribution shall equal the lesser of 54 (i) the product of (A) the quotient arrived at when the selected actual 55 valuation is divided by total wealth foundation pupil units, multiplied 56 by (B) the product of the local tax factor, multiplied by the income A. 4609 4 1 wealth index, or (ii) the product of (A) the product of the foundation 2 amount, the regional cost index, and the pupil need index, multiplied by 3 (B) the positive difference, if any, of one minus the state sharing 4 ratio for total foundation aid. The local tax factor shall be estab- 5 lished by May first of each year by determining the product, computed to 6 four decimal places without rounding, of ninety percent multiplied by 7 the quotient of the sum of the statewide average tax rate as computed by 8 the commissioner for the current year in accordance with the provisions 9 of paragraph e of subdivision one of section thirty-six hundred nine-e 10 of this part plus the statewide average tax rate computed by the commis- 11 sioner for the base year in accordance with such provisions plus the 12 statewide average tax rate computed by the commissioner for the year 13 prior to the base year in accordance with such provisions, divided by 14 three, provided however that for the two thousand seven--two thousand 15 eight school year, such local tax factor shall be sixteen thousandths 16 (0.016), and provided further that for the two thousand eight--two thou- 17 sand nine school year, such local tax factor shall be one hundred 18 fifty-four ten thousandths (0.0154). The income wealth index shall be 19 calculated pursuant to paragraph d of subdivision three of this section, 20 provided, however, that for the purposes of computing the expected mini- 21 mum local contribution the income wealth index shall not be less than 22 [sixty-five] TWENTY-FIVE percent [(0.65)] (0.25) and shall not be more 23 than [two] THREE hundred percent [(2.0)] (3.0) and provided however that 24 such income wealth index shall not be more than ninety-five percent 25 (0.95) for the two thousand eight--two thousand nine school year. The 26 selected actual valuation shall be calculated pursuant to paragraph c of 27 subdivision one of this section. Total wealth foundation pupil units 28 shall be calculated pursuant to paragraph h of subdivision two of this 29 section. 30 S 6. Subdivision 18 of section 3602 of the education law, as added by 31 section 37 of part A of chapter 58 of the laws of 2011, is amended to 32 read as follows: 33 18. Allocable growth amount apportionment. Such amount shall be appor- 34 tioned for a school year pursuant to a chapter of the laws of New York 35 enacted for the state fiscal year in which such school year commences, 36 and shall be allocated to purposes including but not limited to compet- 37 itive grant awards made pursuant to subdivisions five and six of section 38 thirty-six hundred forty-one of this article, the foundation aid phase- 39 in amount or other foundation aid increase allocated pursuant to subdi- 40 vision four of this section and the gap elimination adjustment restora- 41 tion amount apportioned pursuant to subdivision seventeen of this 42 section. In the event that a chapter of the laws of New York enacted for 43 the state fiscal year in which such school year commences is not 44 enacted, the allocations in support of subdivisions five and six of 45 section thirty-six hundred forty-one of this article shall equal the 46 allocations in support of such awards in the base year, and EXCEPT FOR 47 THOSE DISTRICTS WHICH HAVE NOT ACHIEVED SUCCESSFUL SCHOOL DISTRICT 48 STATUS AS DEFINED IN SUBPARAGRAPH ONE OF PARAGRAPH A OF SUBDIVISION FOUR 49 OF THIS SECTION, the apportionments pursuant to subdivisions four and 50 seventeen of this section for the current year shall equal NOT MORE THAN 51 the apportionments for such subdivisions four and seventeen for the base 52 year. 53 S 7. This act shall take effect immediately.