Bill Text: NY A03705 | 2015-2016 | General Assembly | Introduced
Bill Title: Eliminates incentive operating aid from the gap elimination adjustment formula.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2016-01-06 - referred to education [A03705 Detail]
Download: New_York-2015-A03705-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3705 2015-2016 Regular Sessions I N A S S E M B L Y January 27, 2015 ___________ Introduced by M. of A. TENNEY, BLANKENBUSH, NOJAY -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, HAWLEY, McLAUGHLIN, PALMESANO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to removing any portion of incentive operating aid from the gap elimination adjustment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 2 tion law, as amended by section 1 of part A of chapter 56 of the laws of 3 2014, is amended to read as follows: 4 e. Notwithstanding paragraphs a and b of this subdivision, a school 5 district that submitted a contract for excellence for the two thousand 6 eight--two thousand nine school year shall submit a contract for excel- 7 lence for the two thousand nine--two thousand ten school year in 8 conformity with the requirements of subparagraph (vi) of paragraph a of 9 subdivision two of this section unless all schools in the district are 10 identified as in good standing and provided further that, a school 11 district that submitted a contract for excellence for the two thousand 12 nine--two thousand ten school year, unless all schools in the district 13 are identified as in good standing, shall submit a contract for excel- 14 lence for the two thousand eleven--two thousand twelve school year which 15 shall, notwithstanding the requirements of subparagraph (vi) of para- 16 graph a of subdivision two of this section, provide for the expenditure 17 of an amount which shall be not less than the product of the amount 18 approved by the commissioner in the contract for excellence for the two 19 thousand nine--two thousand ten school year, multiplied by the 20 district's gap elimination adjustment percentage and provided further 21 that, a school district that submitted a contract for excellence for the 22 two thousand eleven--two thousand twelve school year, unless all schools 23 in the district are identified as in good standing, shall submit a 24 contract for excellence for the two thousand twelve--two thousand thir- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07515-01-5 A. 3705 2 1 teen school year which shall, notwithstanding the requirements of 2 subparagraph (vi) of paragraph a of subdivision two of this section, 3 provide for the expenditure of an amount which shall be not less than 4 the amount approved by the commissioner in the contract for excellence 5 for the two thousand eleven--two thousand twelve school year and 6 provided further that, a school district that submitted a contract for 7 excellence for the two thousand twelve--two thousand thirteen school 8 year, unless all schools in the district are identified as in good 9 standing, shall submit a contract for excellence for the two thousand 10 thirteen--two thousand fourteen school year which shall, notwithstanding 11 the requirements of subparagraph (vi) of paragraph a of subdivision two 12 of this section, provide for the expenditure of an amount which shall be 13 not less than the amount approved by the commissioner in the contract 14 for excellence for the two thousand twelve--two thousand thirteen school 15 year and provided further that, a school district that submitted a 16 contract for excellence for the two thousand thirteen--two thousand 17 fourteen school year, unless all schools in the district are identified 18 as in good standing, shall submit a contract for excellence for the two 19 thousand fourteen--two thousand fifteen school year which shall, 20 notwithstanding the requirements of subparagraph (vi) of paragraph a of 21 subdivision two of this section, provide for the expenditure of an 22 amount which shall be not less than the amount approved by the commis- 23 sioner in the contract for excellence for the two thousand thirteen--two 24 thousand fourteen school year. For purposes of this paragraph, the "gap 25 elimination adjustment percentage" shall be calculated as the sum of one 26 minus the quotient of the sum of the school district's net gap elimi- 27 nation adjustment for two thousand ten--two thousand eleven computed 28 pursuant to chapter fifty-three of the laws of two thousand ten, making 29 appropriations for the support of government, plus the school district's 30 gap elimination adjustment for two thousand eleven--two thousand twelve 31 as computed pursuant to chapter fifty-three of the laws of two thousand 32 eleven, making appropriations for the support of the local assistance 33 budget, including support for general support for public schools, 34 divided by the total aid for adjustment computed pursuant to chapter 35 fifty-three of the laws of two thousand eleven, making appropriations 36 for the local assistance budget, including support for general support 37 for public schools. Provided, further, that such amount shall be 38 expended to support and maintain allowable programs and activities 39 approved in the two thousand nine--two thousand ten school year or to 40 support new or expanded allowable programs and activities in the current 41 year. PROVIDED, HOWEVER, THAT THE GAP ELIMINATION ADJUSTMENT SHALL NOT 42 BE APPLIED TO ANY PORTION OF FUNDS RECEIVED THROUGH INCENTIVE OPERATING 43 AID PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. 44 S 2. Paragraph cc of subdivision 1 of section 3602 of the education 45 law, as added by section 25 of part A of chapter 58 of the laws of 2011, 46 is amended to read as follows: 47 cc. "Gap elimination adjustment percentage" shall mean the quotient of 48 the gap elimination adjustment amount set forth for each school district 49 as "GAP ELIMINATION ADJUSTMENT" under the heading "2011-12 ESTIMATED 50 AIDS" in the school aid computer listing produced by the commissioner in 51 support of the enacted budget for the two thousand eleven--two thousand 52 twelve school year and entitled "SA111-2", divided by the statewide 53 total of all such gap elimination adjustment amounts set forth for all 54 districts in such school aid computer listing. PROVIDED, HOWEVER, THAT 55 THE GAP ELIMINATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION OF 56 FUNDS RECEIVED THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS SECTION. A. 3705 3 1 S 3. Paragraph a, the opening paragraph of paragraph b and paragraph c 2 of subdivision 17 of section 3602 of the education law, paragraph a and 3 the opening paragraph of paragraph b as added by section 37 of part A of 4 chapter 58 of the laws of 2011 and paragraph c as amended by section 6 5 of part A of chapter 57 of the laws of 2012, are amended to read as 6 follows: 7 a. Notwithstanding any other provision of law to the contrary, the 8 commissioner shall reduce payments due to each district for the two 9 thousand eleven--two thousand twelve school year and thereafter pursuant 10 to section thirty-six hundred nine-a of this article by an amount equal 11 to the gap elimination adjustment computed for such district, and such 12 amount shall be deducted from moneys apportioned for the purposes of 13 payments made pursuant to such section thirty-six hundred nine-a and if 14 the reduction is greater than the sum of the amounts available for such 15 deductions, the remainder of the reduction shall be withheld from 16 payments scheduled to be made to the district pursuant to section thir- 17 ty-six hundred nine-a for the following school year, and provided 18 further that an amount equal to the amount of such deduction shall be 19 deemed to have been paid to the district pursuant to this section for 20 the school year in which such deduction is made. The commissioner shall 21 compute such gap elimination adjustment and shall provide a schedule of 22 such reduction in payments to the state comptroller, the director of the 23 budget, the chair of the senate finance committee and the chair of the 24 assembly ways and means committee. PROVIDED HOWEVER, THAT THE GAP ELIMI- 25 NATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION OF FUNDS RECEIVED 26 THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS SECTION. 27 The gap elimination adjustment for the two thousand eleven--two thou- 28 sand twelve school year shall be computed as follows, PROVIDED HOWEVER, 29 THAT THE GAP ELIMINATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION 30 OF FUNDS RECEIVED THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS 31 SECTION, based on an updated electronic [date] DATA file containing 32 actual and estimated data relating to apportionments due and owing 33 during the current school year and projections of such apportionments 34 for the following school year to school districts and boards of cooper- 35 ative educational services from the general support for public schools, 36 growth and boards of cooperative educational services appropriations 37 produced pursuant to paragraph b of subdivision twenty-one of section 38 three hundred five of this chapter on February fifteenth of the base 39 year. The gap elimination adjustment for a district shall equal the 40 lesser of the district's percentage reduction and its TGFE check, 41 provided, however, that in the case of a district with a tax effort 42 ratio greater than four percent (0.04) and a combined wealth ratio for 43 total foundation aid computed pursuant to subparagraph two of paragraph 44 c of subdivision three of this section that is less than one and five- 45 tenths (1.5), the gap elimination adjustment for a district shall equal 46 the lesser of the percentage reduction, the TGFE check and the tax 47 effort reduction, and further provided that in the case of a school 48 district, other than a city school district of a city having a popu- 49 lation in excess of one hundred twenty-five thousand, with (A) an admin- 50 istrative efficiency ratio of less than one and eight-tenths percent 51 (0.018) and (B) an administrative expense per pupil of less than three 52 hundred forty-eight dollars ($348), the gap elimination adjustment shall 53 be reduced by an amount equal to the administrative efficiency restora- 54 tion, and further provided that, where applicable, the gap elimination 55 adjustment shall be reduced by an amount equal to the sum of the needs- A. 3705 4 1 based restoration plus the low wealth-high tax effort restoration plus 2 the enrollment adjustment award. 3 c. The gap elimination adjustment for the two thousand twelve--two 4 thousand thirteen school year and thereafter shall be equal to the gap 5 elimination adjustment for the base year, plus, in any year in which the 6 preliminary growth amount exceeds the allowable growth amount, the prod- 7 uct of the gap elimination adjustment percentage for such district and 8 the positive difference, if any, between the preliminary growth amount 9 less the allowable growth amount, as computed pursuant to subdivision 10 one of this section, and less the gap elimination adjustment restoration 11 amount, if any, allocated pursuant to this section. PROVIDED, HOWEVER, 12 THAT THE GAP ELIMINATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION 13 OF FUNDS RECEIVED THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS 14 SECTION. 15 S 4. This act shall take effect immediately.