Bill Text: NY A00067 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "education funding census update act"; updates the census numbers used to calculate certain education funding.
Spectrum: Moderate Partisan Bill (Democrat 21-4)
Status: (Introduced) 2024-01-03 - referred to education [A00067 Detail]
Download: New_York-2023-A00067-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 67 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ Introduced by M. of A. SAYEGH, KELLES, DICKENS, SEAWRIGHT, GALLAGHER, FORREST -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to updating the census numbers used to calculate certain education funding 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 "education 2 funding census update act". 3 § 2. Subparagraphs (ii), (iii) and (iv) of paragraph q of subdivision 4 1 of section 3602 of the education law, as amended by section 16 of part 5 YYY of chapter 59 of the laws of 2017, are amended to read as follows: 6 (ii) "Census count" shall mean the product of the public school 7 enrollment of the school district on the date enrollment was counted in 8 accordance with this subdivision for the base year multiplied by the 9 census [2000] poverty rate. 10 (iii) "Census [2000] poverty rate" shall mean the quotient of the 11 number of persons aged five to seventeen within the school district, 12 based on the most recent federal decennial census conducted [in the year13two thousand] as tabulated by the National Center on Education Statis- 14 tics, who were enrolled in public schools and whose families had incomes 15 below the poverty level, divided by the total number of persons aged 16 five to seventeen within the school district, based on such decennial 17 census, who were enrolled in public schools, computed to four decimals 18 without rounding. 19 (iv) "Selected poverty rate" shall mean: (A) for school districts with 20 high concentrations of nonpublic students, the greater of the census 21 [2000] poverty rate or the three-year average small area income and 22 poverty estimate poverty rate; and (B) for all other school districts, 23 the three-year average small area income and poverty estimate poverty 24 rate. For the purposes of this subparagraph, "three-year average small EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01781-01-3A. 67 2 1 area income and poverty estimate poverty rate" shall equal the quotient 2 of (1) the sum of the number of persons aged five to seventeen within 3 the school district, based on the small area income and poverty esti- 4 mates produced by the United States census bureau, whose families had 5 incomes below the poverty level for the year two years prior to the year 6 in which the base year began, plus such number for the year three years 7 prior to the year in which the base year began, plus such number for the 8 year four years prior to the year in which the base year began, divided 9 by (2) the sum of the total number of persons aged five to seventeen 10 within the school district, based on such census bureau estimates, for 11 the year two years prior to the year in which the base year began, plus 12 such total number for the year three years prior to the year in which 13 the base year began, plus such total number for the year four years 14 prior to the year in which the base year began, computed to four deci- 15 mals without rounding. 16 § 3. Item 1 of subclause 9 of clause (ii) of subparagraph 2 of para- 17 graph b of subdivision 4 of section 3602 of the education law, as 18 amended by section 10-c of part A of chapter 56 of the laws of 2021, is 19 amended to read as follows: 20 (1) for school districts with a census [2000] poverty rate computed 21 pursuant to paragraph q of subdivision one of this section equal to or 22 greater than twenty-six percent (0.26), ten and three-tenths percent 23 (0.103), or 24 § 4. Paragraph b-3 of subdivision 4 of section 3602 of the education 25 law, as amended by section 9-b of part CCC of chapter 59 of the laws of 26 2018, is amended to read as follows: 27 b-3. Due minimum for the two thousand seventeen--two thousand eighteen 28 school year. Notwithstanding any other provision of law to the contrary, 29 for the two thousand seventeen--two thousand eighteen school year the 30 total foundation aid shall not be less than (A) the sum of the total 31 foundation aid base computed pursuant to paragraph j of subdivision one 32 of this section plus the product of (i) the difference of the amount set 33 forth for such school district as "FOUNDATION AID" under the heading 34 "2017-18 ESTIMATED AIDS" in the school aid computer listing produced by 35 the commissioner in support of the executive budget request for the two 36 thousand seventeen--two thousand eighteen school year and entitled 37 "BT171-8" less the amount set forth for such school district as "FOUNDA- 38 TION AID" under the heading "2016-17 BASE YEAR AIDS" in the school aid 39 computer listing produced by the commissioner in support of the execu- 40 tive budget request for the two thousand seventeen--two thousand eigh- 41 teen school year and entitled "BT171-8" multiplied by (ii) one and eigh- 42 teen one-hundredths (1.18), or (B) the product of forty-four and 43 seventy-five one-hundredths percent (0.4475) multiplied by total founda- 44 tion aid as computed pursuant to paragraph a of this subdivision, or (C) 45 the sum of the total foundation aid base computed pursuant to paragraph 46 j of subdivision one of this section plus the due minimum for the two 47 thousand seventeen--two thousand eighteen school year, where such due 48 minimum shall equal (1) for school districts with a census [2000] pover- 49 ty rate computed pursuant to paragraph q of subdivision one of this 50 section, equal to or greater than eleven and nine-tenths percent 51 (0.119), the product of the foundation aid base for the two thousand 52 seventeen--two thousand eighteen school year computed pursuant to 53 subparagraph (iii) of paragraph j of subdivision one of this section 54 multiplied by three hundred thirty-five ten-thousandths (0.0335), or (2) 55 for all other school districts the product of the foundation aid base 56 for the two thousand seventeen--two thousand eighteen school yearA. 67 3 1 computed pursuant to subparagraph (iii) of paragraph j of subdivision 2 one of this section multiplied by two and seventy-four one-hundredths 3 percent (0.0274). 4 § 5. Subparagraph 2 of paragraph i of subdivision 4 of section 3602 of 5 the education law, as added by section 10-b of part A of chapter 56 of 6 the laws of 2021, is amended to read as follows: 7 (2) The "foundation aid phase-in factor" shall be equal to the greater 8 of: (i) twenty-six hundred twenty-five ten-thousandths (0.2625); (ii) 9 twenty-seven hundred twenty-eight ten-thousandths (0.2728) for districts 10 with a sparsity count computed pursuant to paragraph r of subdivision 11 one of this section greater than zero; (iii) twenty-seven hundredths 12 (0.27) for small city school districts pursuant to paragraph jj of 13 subdivision one of this section; (iv) forty-four hundredths (0.44) for a 14 city school district in a city with a population of more than one 15 hundred twenty-five thousand but less than one hundred fifty thousand as 16 of the [two thousand ten] most recent federal decennial census; (v) four 17 hundred ninety-five thousandths (0.495) for a city school district in a 18 city with a population of more than one hundred fifty thousand but less 19 than two hundred fifty thousand as of the [two thousand ten] most recent 20 federal decennial census; (vi) forty-four hundredths (0.44) for a city 21 school district in a city with a population of more than two hundred 22 fifty thousand but less than one million as of the [two thousand ten] 23 most recent federal decennial census; or (vii) four hundred ninety-five 24 thousandths (0.495) for a city school district in a city having a popu- 25 lation of one million or more. 26 § 6. Clause 1 of subparagraph (G) of paragraph b of subdivision 17 of 27 section 3602 of the education law, as added by section 37 of part A of 28 chapter 58 of the laws of 2011, is amended to read as follows: 29 (1) in the case of a district determined to be a high-need school 30 district pursuant to clause (c) of subparagraph two of paragraph c of 31 subdivision six of this section for the school aid computer listing 32 produced by the commissioner in support of the enacted budget for the 33 two thousand seven--two thousand eight school year and entitled 34 "SA0708", 35 (a) in the case of a city school district in a city with a population 36 in excess of one million inhabitants, four and five hundred thirty-seven 37 thousandths percent (0.04537), 38 (b) in the case of a city school district in a city with a population 39 of more than two hundred fifty thousand inhabitants and less than one 40 million inhabitants according to the [two thousand] most recent federal 41 census, four and one-tenth percent (0.041), 42 (c) in the case of a city school district in a city with a population 43 of more than two hundred ten thousand inhabitants and less than two 44 hundred fifty thousand inhabitants according to the [two thousand] most 45 recent federal census, four and thirteen hundredths percent (0.0413), 46 (d) in the case of a city school district in a city with a population 47 of more than one hundred seventy thousand inhabitants and less than two 48 hundred ten thousand inhabitants according to the [two thousand] most 49 recent federal census, five and ninety-seven hundredths percent 50 (0.0597), 51 (e) in the case of a city school district in a city with a population 52 of more than one hundred thousand inhabitants and less than one hundred 53 seventy thousand inhabitants according to the [two thousand] most recent 54 federal census, five and fifty-three hundredths percent (0.0553), 55 (f) in the case of any other such school district which has a three- 56 year average free and reduced price lunch percent greater than seventy-A. 67 4 1 five percent (0.75) and which has an administrative efficiency ratio 2 less than one and fifty-five hundredths percent (0.0155), four and nine 3 hundredths percent (0.0409), and 4 (g) for all other such school districts, six and eight-tenths percent 5 (0.068), or 6 § 7. This act shall take effect on the first of April next succeeding 7 the date on which it shall have become a law.
