Bill Text: NY A03493 | 2023-2024 | General Assembly | Amended


Bill Title: Provides that the Yonkers city school district shall be eligible to receive an apportionment of funds to be used for services and expenses; directs certain reports to be submitted.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-07 - substituted by s9823 [A03493 Detail]

Download: New_York-2023-A03493-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3493--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Education -- recommitted  to  the  Committee  on  Education  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  in  relation  to  apportioning funds to the Yonkers city school
          district for services and expenses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The Yonkers city school district shall be paid on an accel-
     2  erated schedule as follows:
     3    (a)  (1)  Notwithstanding any other provisions of law, for aid payable
     4  in the school years 2024-2025 through 2053-2054 upon application to  the
     5  commissioner of education submitted not sooner than the second Monday in
     6  May  of  the school year in which such aid is payable and not later than
     7  the Friday following the third Monday in May of the school year in which
     8  such aid is payable, or ten days after the effective date of  this  act,
     9  whichever  shall  be  later,  the  Yonkers city school district shall be
    10  eligible to receive an apportionment pursuant to this act in  an  amount
    11  equal  to  the  product  of  five  million  dollars ($5,000,000) and the
    12  quotient of the positive difference of thirty minus the number of school
    13  years elapsed since the 2024-2025 school year divided by thirty.
    14    (2) Funds apportioned pursuant to this subdivision shall be  used  for
    15  services  and  expenses of the Yonkers city school district and shall be
    16  applied to  support  of  its  educational  programs  and  any  liability
    17  incurred  by such city school district in carrying out its functions and
    18  responsibilities under the education law.
    19    (b) The claim for an apportionment to be  paid  to  the  Yonkers  city
    20  school  district  pursuant  to  subdivision (a) of this section shall be
    21  submitted to the commissioner of education on a form prescribed for such
    22  purpose and shall be payable upon  determination  by  such  commissioner

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08314-02-4

        A. 3493--A                          2

     1  that  the  form  has  been  submitted  as prescribed and that the school
     2  district has complied with the reporting requirements of this  act.  For
     3  each  school  year  in which application is made pursuant to subdivision
     4  (a)  of this section, such approved amount shall be payable on or before
     5  May thirty-first of such school year upon the audit and warrant  of  the
     6  state  comptroller on vouchers certified or approved by the commissioner
     7  of education in the manner prescribed by law from moneys  in  the  state
     8  lottery fund appropriated for general support of public schools and from
     9  the  general fund to the extent that the amount paid to the Yonkers city
    10  school district pursuant to this subdivision and subdivision (a) of this
    11  section exceeds the amount of the moneys apportioned, if any, for gener-
    12  al support for public schools  due  such  school  district  pursuant  to
    13  section 3609-a of the education law on or before September first of such
    14  school year.
    15    (c)  Notwithstanding the provisions of section 3609-a of the education
    16  law, an amount equal to the amount  paid  to  the  Yonkers  city  school
    17  district  during  the  base year pursuant to subdivisions (a) and (b) of
    18  this section shall first  be  deducted  from  payments  due  during  the
    19  current school year pursuant to subparagraphs (1), (2), (3), (4) and (5)
    20  of  paragraph  a of subdivision 1 of section 3609-a of the education law
    21  in the following order: the lottery apportionment  payable  pursuant  to
    22  subparagraph  (2)  of  paragraph a of subdivision 1 of section 3609-a of
    23  the education law followed by the fixed fall payments  payable  pursuant
    24  to subparagraph (4) of paragraph a of subdivision 1 of section 3609-a of
    25  the education law, and any remainder to be deducted from the individual-
    26  ized payments due to the district pursuant to paragraph b of subdivision
    27  1  of section 3609-a of the education law shall be deducted on a chrono-
    28  logical basis starting with the earliest payment due the district.
    29    (d) Notwithstanding any other provisions of law, the sum  of  payments
    30  made  to  the Yonkers city school district during the base year pursuant
    31  to subdivisions (a) and (b) of this section plus payments made  to  such
    32  school  district  during  the current year pursuant to section 3609-a of
    33  the education law shall be deemed to truly represent all  aids  paid  to
    34  such  school district during the current school year pursuant to section
    35  3609-a of the education law for the purposes of  computing  any  adjust-
    36  ments to such aids that may occur in a subsequent school year.
    37    (e)  (1)  On  or  before the first day of each month beginning in July
    38  2025 and ending in June 2055, the chief fiscal officer  and  the  super-
    39  intendent  of  schools of the Yonkers city school district shall prepare
    40  and submit to the board of education a report of the fiscal condition of
    41  the school district, including but  not  limited  to  the  most  current
    42  available  data  on  fund  balances  on  funds  maintained by the school
    43  district and the district's use of the apportionments provided  pursuant
    44  to subdivisions (a) and (b) of this section.
    45    (2) Such monthly report shall be in a format prescribed by the commis-
    46  sioner  of  education.  The  board  of education shall either reject and
    47  return the report to the chief fiscal officer and the superintendent  of
    48  schools  for  appropriate revisions and resubmittal or shall approve the
    49  report and submit copies to the commissioner of education and the  state
    50  comptroller of such approved report as submitted or resubmitted.
    51    (3)  In the 2024-2025 through 2053-2054 school years, the chief fiscal
    52  officer of the Yonkers city school district shall  monitor  all  budgets
    53  and  for  each  budget,  shall  prepare a quarterly report of summarized
    54  budget data depicting overall  trends  of  actual  revenues  and  budget
    55  expenditures  for  the  entire  budget as well as individual line items.
    56  Such report shall compare revenue estimates and  appropriations  as  set

        A. 3493--A                          3

     1  forth  in  such budget with the actual revenues and expenditures made to
     2  date. All quarterly reports shall be  accompanied  by  a  recommendation
     3  from  the superintendent of schools or chief fiscal officer to the board
     4  of education setting forth any remedial actions necessary to resolve any
     5  unfavorable  budget variance including the overestimation of revenue and
     6  underestimation of appropriations. The chief fiscal officer  shall  also
     7  prepare,  as  part  of such report, a quarterly trial balance of general
     8  ledger accounts in accordance with generally accepted accounting princi-
     9  ples as prescribed by  the  state  comptroller.  All  reports  shall  be
    10  completed  within  sixty days after the end of each quarter and shall be
    11  submitted to the chief fiscal officer and the board of education of  the
    12  Yonkers  city  school district, the state division of budget, the office
    13  of the state comptroller, the commissioner of education,  the  chair  of
    14  the  assembly  ways  and  means  committee  and  the chair of the senate
    15  finance committee.
    16    § 2. This act shall take effect immediately.
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