Bill Text: NY A04008 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to contracts of excellence, library funding, reimbursement of school districts, apportionment of school aid, building aid, foundation aid base, apportionment of school aid and of current year approved expenditures for debt service, apportionment of transportation aid, academic enhancement aid, high tax aid, Medicaid reimbursement, gap elimination adjustment, small government assistance and maximum class size; relates to the former New York State Theatre Institute; transfers all the rights and property held by the former New York State Theatre Institute to the office of general services and authorizes the commissioner of general services to transfer all the property that was part of the former New York State Theatre Institute to the Sage Colleges; relates to capital facilities in support of the state university and community colleges; relates to procurement in support of the state and city universities; relates to state university health care facilities; authorizes the commissioner of the office of children and family services to close certain facilities and makes other decisions necessary for the cost-effective and efficient operation of facilities operated by the office; relates to funding and utilization of juvenile detention and funding for supervision and treatment services; relates to the use of surplus funds from the greater Catskills flood remediation program; relates to directing the office of children and family services to annually provide, to the legislative leaders and social services districts, a detailed report on the total cost and operating capacity of its juvenile facilities; relates to eligibility requirements for student financial aid; relates to the effectiveness of certain provisions of law; provides for the administration of certain funds and accounts related to the 2011-2012 budget; authorizes certain payments and transfers; relates to the school tax relief fund; relates to the issuance of revenue bonds; relates to mental health service facilities financing; relates to the effectiveness of certain provisions of law; relates to environmental infrastructure projects; relates to certificates of participation; relates to housing program bonds and notes; relates to the issuance of bonds by the dormitory authority and the New York state environmental facilities corporation; provides funding for certain community projects, relating to increasing such funding, relating to certain monetary transfers; relates to voting of directors of local government assistance corporation; relates to library construction; relates to community enhancement facilities projects; relates to the amount of bonds issued for community enhancement projects; relates to providing for the administration of certain funds and accounts related to the 2002-2003 budget; relates to bonds or notes; relates to the issuance of bonds by the dormitory authority and the New York state urban development corporation; relates to the aggregate principal amount; relates to financing economic development and regional initiatives and in relation to the issuance of bonds or notes for the purpose of funding project costs for regional economic development council initiatives, communities impacted by the closure of New York state prison and correctional facilities and other states' costs associated with such projects; relates to the effectiveness of certain provisions of law; and relates to governing operators of commercial motor vehicles and federal requirements for medical certification pertaining to such operators.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-03-30 - substituted by s2808d [A04008 Detail]
Download: New_York-2011-A04008-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4008--B
I N A S S E M B L Y
February 1, 2011
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read once and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the education law, in relation to contracts of excel-
lence, library funding, reimbursement of school districts, apportion-
ment of school aid, building aid, foundation aid base, apportionment
of school aid and of current year approved expenditures for debt
service, apportionment of transportation aid, academic enhancement
aid, high tax aid, Medicaid reimbursement, gap elimination adjustment,
grants, maximum class size; to amend the state finance law, in
relation to base grant; to amend chapter 756 of the laws of 1992
relating to funding a program for work force education conducted by
the consortium for worker education in New York city, in relation to
apportionment and reimbursement; to amend chapter 169 of the laws of
1994 relating to certain provisions related to the 1994-95 state oper-
ations, aid to localities, capital projects and debt service budgets,
chapter 82 of the laws of 1995, amending the education law and certain
other laws relating to state aid to school districts and the appropri-
ation of funds for the support of government, chapter 386 of the laws
of 1996 amending the education law relating to providing for a waiver
allowing state aid in certain circumstances, chapter 472 of the laws
of 1998 amending the education law relating to the lease of school
buses by school districts, chapter 147 of the laws of 2001 amending
the education law relating to conditional appointment of school
district, charter school or BOCES employees, chapter 425 of the laws
of 2002 amending the education law relating to the provision of
supplemental educational services, attendance at a safe public school
and the suspension of pupils who bring a firearm to or possess a
firearm at a school, chapter 101 of the laws of 2003 amending the
education law relating to implementation of the No Child Left Behind
Act of 2001, in relation to school aid and extending the expiration of
certain provisions of such chapters; to amend part C of chapter 57 of
the laws of 2004, relating to support of education in relation to
extending certain provisions of such part; to amend the general munic-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-03-1
A. 4008--B 2
ipal law in relation to the authorization of certain withdrawals; in
relation to school bus driver training; in relation to the support of
public libraries; to provide special apportionment for salary expenses
in school districts; to provide special apportionment for public
pension expenses; in relation to suballocation of certain education
department accruals; in relation to purchases by the city school
district of Rochester; and providing for the repeal of certain
provisions upon expiration thereof (Part A); and to amend the educa-
tion law, in relation to expenses for textbooks, school library mate-
rials, software programs and computer equipment (Part A-1); to amend
the education law, in relation to the school district management effi-
ciency awards program and school district performance improvement
awards grant (Part B); to amend the state finance law, in relation to
the former New York State Theatre Institute; to transfer all the
rights and property held by the former New York State Theatre Insti-
tute to the office of general services and to authorize the commis-
sioner of general services to transfer all the property that was part
of the former New York State Theatre Institute to Russell Sage
College; and to repeal article 9 of the arts and cultural affairs law,
section 97-u of the state finance law and certain provisions of the
public officers law relating to the former New York State Theatre
Institute (Part C); to amend the education law, and the public build-
ings law, in relation to capital facilities in support of the state
university and community colleges; and providing for the repeal of
certain provisions upon expiration thereof (Subpart A); to amend the
education law, in relation to the authority of the state university
trustees and to procurement in support of the state and city universi-
ties; and providing for the repeal of such provisions upon expiration
thereof (Subpart B); to amend the education law, in relation to state
university health care facilities; and providing for the repeal of
such provisions upon expiration thereof (Subpart C) (Part D); to amend
the education law, in relation to tuition assistance program award
determinations (Part E); to amend the education law, in relation to
income as a determinate of tuition assistance awards (Part F); to
amend the education law, in relation to restrictions on eligibility
to receive awards and loans; and to repeal certain provisions of such
law relating thereto (Part G); to amend the education law, in relation
to tuition assistance program awards (Part H); to amend the education
law, in relation to good academic standing requirements (Part I); to
amend the education law, in relation to tuition assistance program
awards for graduate school students; and to repeal certain provisions
of such law relating thereto (Part J); to amend chapter 31 of the laws
of 1985, amending the education law relating to regents scholarships
in certain professions, in relation to the physician loan forgiveness
program (Part K); to amend chapter 57 of the laws of 2005 amending the
education law relating to the New York state nursing faculty loan
forgiveness incentive program and the New York state nursing faculty
scholarship program, in relation to the effectiveness thereof (Part
L); to amend chapter 161 of the laws of 2005, amending the education
law and other laws relating to the social worker loan forgiveness
program, in relation to the effectiveness thereof (Part M); to amend
the real property tax law and the tax law, in relation to containing
the cost of the STAR program and allowing the renunciation of STAR and
other property tax exemptions (Part N); to amend the education law, in
relation to maintenance costs for students with disabilities placed in
a residential school under article 89 of the education law; and to
A. 4008--B 3
amend the social services law, in relation to expenditures by social
services districts for children in residential schools (Part O);
Intentionally omitted (Part P); to amend the executive law, in
relation to reporting to the governor and legislature prior to service
reductions, staff reductions and transfers of operations (Subpart A);
and to amend the executive law, the family court act and the social
services law, in relation to funding and utilization of juvenile
detention and funding for supervision and treatment services; to
repeal subdivisions 7 and 8 of section 530 of the executive law,
relating to state operation of juvenile detention and approval of new
juvenile detention capacity; to amend the family court act, authoriz-
ing PINS remand in foster care programs; and to repeal subdivision 12
of section 153 of the social services law, relating to the use of
detention for persons alleged or adjudicated to be in need of super-
vision (Subpart B) (Part Q); Intentionally omitted (Part R); to amend
the social services law, in relation to increasing the standards of
monthly need for aged, blind and disabled persons (Part S); Inten-
tionally omitted (Part T); to amend the social services law, in
relation to the standards of monthly need for persons in receipt of
public assistance (Part U); Intentionally omitted (Part V); to amend
chapter 62 of the laws of 2003 amending the state finance law and
other laws relating to authorizing and directing the state comptroller
to loan money to certain funds and accounts, in relation to extending
the interest assessment surcharge fund (Part W); and to amend the
state finance law, in relation to an educational assistance fund (Part
X)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2011-2012
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through X. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
14 tion law, as added by section 2-a of part A of chapter 57 of the laws of
15 2009, is amended to read as follows:
16 e. Notwithstanding paragraphs a and b of this subdivision, a school
17 district that submitted a contract for excellence for the two thousand
18 eight--two thousand nine school year shall submit a contract for excel-
19 lence for the two thousand nine--two thousand ten school year in
20 conformity with the requirements of subparagraph (vi) of paragraph a of
21 subdivision two of this section unless all schools in the district are
22 identified as in good standing AND PROVIDED FURTHER THAT, A SCHOOL
23 DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
A. 4008--B 4
1 NINE--TWO THOUSAND TEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT
2 ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCEL-
3 LENCE FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR WHICH
4 SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARA-
5 GRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE
6 OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE PRODUCT OF THE AMOUNT
7 APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO
8 THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR, MULTIPLIED BY THE
9 DISTRICT'S GAP ELIMINATION ADJUSTMENT PERCENTAGE. FOR PURPOSES OF THIS
10 PARAGRAPH, THE "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL BE CALCU-
11 LATED AS THE SUM OF ONE MINUS THE QUOTIENT OF THE SUM OF THE SCHOOL
12 DISTRICT'S NET GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND TEN--TWO
13 THOUSAND ELEVEN COMPUTED PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS OF
14 TWO THOUSAND TEN, MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT,
15 PLUS THE SCHOOL DISTRICT'S GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND
16 ELEVEN--TWO THOUSAND TWELVE AS COMPUTED PURSUANT TO A CHAPTER OF THE
17 LAWS OF TWO THOUSAND ELEVEN, MAKING APPROPRIATIONS FOR THE SUPPORT OF
18 THE LOCAL ASSISTANCE BUDGET, INCLUDING SUPPORT FOR GENERAL SUPPORT FOR
19 PUBLIC SCHOOLS, DIVIDED BY THE TOTAL AID FOR ADJUSTMENT COMPUTED PURSU-
20 ANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN, MAKING APPROPRI-
21 ATIONS FOR THE LOCAL ASSISTANCE BUDGET, INCLUDING SUPPORT FOR GENERAL
22 SUPPORT FOR PUBLIC SCHOOLS. PROVIDED, FURTHER, THAT SUCH AMOUNT SHALL
23 BE EXPENDED TO SUPPORT AND MAINTAIN ALLOWABLE PROGRAMS AND ACTIVITIES
24 APPROVED IN THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR OR TO
25 SUPPORT NEW OR EXPANDED ALLOWABLE PROGRAMS AND ACTIVITIES IN THE CURRENT
26 YEAR.
27 S 2. Subparagraph (vii) of paragraph a of subdivision 2 of section
28 211-d of the education law, as added by section 3 of part A of chapter
29 57 of the laws of 2009, is amended to read as follows:
30 (vii) (A) Notwithstanding any other provision of this section to the
31 contrary, a school district that submitted a contract for excellence for
32 the two thousand seven--two thousand eight school year and the two thou-
33 sand eight--two thousand nine school year and is required to submit a
34 contract for excellence for the two thousand nine--two thousand ten
35 school year but did not fully expend all of its two thousand seven--two
36 thousand eight foundation aid subject to the contract for excellence
37 restrictions during the two thousand seven--two thousand eight school
38 year may re-allocate and expend such unexpended funds during the two
39 thousand eight--two thousand nine and two thousand nine--two thousand
40 ten school years for allowable contract for excellence programs and
41 activities as defined in subdivision three of this section in a manner
42 prescribed by the commissioner. For purposes of determining maintenance
43 of effort pursuant to subparagraph (vi) of this paragraph for the two
44 thousand eight--two thousand nine school year, funds expended pursuant
45 to this subparagraph shall be included in the total budgeted amount
46 approved by the commissioner in the district's contract for excellence
47 for the two thousand seven--two thousand eight school year; provided
48 that such amount shall not be counted more than once in determining
49 maintenance of effort for the two thousand nine--two thousand ten school
50 year or thereafter.
51 (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
52 RY, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
53 TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR AND IS REQUIRED TO
54 SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND ELEVEN--TWO THOU-
55 SAND TWELVE SCHOOL YEAR BUT DID NOT FULLY EXPEND ALL OF ITS TWO THOUSAND
56 NINE--TWO THOUSAND TEN FOUNDATION AID SUBJECT TO THE CONTRACT FOR EXCEL-
A. 4008--B 5
1 LENCE RESTRICTIONS DURING THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL
2 YEAR MAY RE-ALLOCATE AND EXPEND SUCH UNEXPENDED FUNDS DURING THE TWO
3 THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR FOR ALLOWABLE CONTRACT
4 FOR EXCELLENCE PROGRAMS AND ACTIVITIES AS DEFINED IN SUBDIVISION THREE
5 OF THIS SECTION IN A MANNER PRESCRIBED BY THE COMMISSIONER; PROVIDED
6 THAT SUCH AMOUNT SHALL NOT BE COUNTED MORE THAN ONCE IN DETERMINING
7 MAINTENANCE OF EFFORT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
8 SCHOOL YEAR OR THEREAFTER.
9 S 3. Subdivision 12 of section 273 of the education law, as amended by
10 section 1 of part A of chapter 2 of the laws of 2011, is amended to read
11 as follows:
12 12. The commissioner is hereby authorized to expend [in state fiscal
13 year two thousand six--two thousand seven three million dollars and in
14 state fiscal year two thousand seven--two thousand eight eight million
15 dollars and in state fiscal year two thousand eight--two thousand nine
16 seven million nine hundred forty thousand dollars and in state fiscal
17 year two thousand nine--two thousand ten eight million dollars and in
18 state fiscal year two thousand ten--two thousand eleven eight million
19 dollars subject to an appropriation] FUNDS ANNUALLY for formula grants
20 to public library systems, reference and research library resources
21 systems, and school library systems operating under an approved plan of
22 service. Such formula grants shall be provided for the period commencing
23 July first and ending on June thirtieth next following. Such formula
24 grants will be distributed in the following manner:
25 a. Each public library system established pursuant to sections two
26 hundred fifty-five and two hundred seventy-two of this part and operat-
27 ing under a plan approved by the commissioner is entitled to receive
28 ANNUALLY thirty-nine thousand dollars and an amount equal to ten and
29 ninety-four hundredths percent of the amount of state aid received for
30 the current year by such system under paragraphs a, c, d, e and n of
31 subdivision one of this section [for the two thousand ten--two thousand
32 eleven state fiscal year];
33 b. Each reference and research library resources system established
34 pursuant to section two hundred seventy-two of this part and operating
35 under a plan approved by the commissioner is entitled to receive ANNUAL-
36 LY thirty-nine thousand dollars and an amount equal to ten and ninety-
37 four hundredths percent of the amount of state aid received for the
38 current year under paragraph a of subdivision four of this section [for
39 the two thousand ten--two thousand eleven state fiscal year]; and
40 c. Each school library system established pursuant to section two
41 hundred eighty-two of this part and operating under a plan approved by
42 the commissioner is entitled to receive ANNUALLY thirty-nine thousand
43 dollars and an amount equal to ten and ninety-four hundredths percent of
44 the amount of state aid received for the current year by such system
45 under paragraphs a, b, c, d, e and f of subdivision one of section two
46 hundred eighty-four of this part [for the two thousand ten--two thousand
47 eleven state fiscal year].
48 S 4. Intentionally omitted.
49 S 5. Subdivision 1 of section 1104 of the education law, as amended by
50 chapter 53 of the laws of 1990, is amended to read as follows:
51 1. The commissioner [of education] in the annual apportionment of
52 public moneys shall apportion therefrom to each county maintaining
53 approved vocational education and extension work, a quota amounting to
54 one-half of the salary paid each teacher, director, assistant, and
55 supervisor, but not to exceed THE AMOUNT COMPUTED BY THE COMMISSIONER
56 BASED UPON AN ASSUMED ANNUALIZED SALARY EQUAL TO ten thousand five
A. 4008--B 6
1 hundred dollars PER SCHOOL YEAR on account of the employment of such
2 teacher, director, assistant or supervisor.
3 S 6. Section 1104 of the education law is amended by adding a new
4 subdivision 3 to read as follows:
5 3. FOR THE APPORTIONMENT PAYABLE PURSUANT TO THIS SECTION FOR SCHOOL
6 YEARS COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND TEN, THE COMMISSIONER
7 SHALL CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION BOARD
8 BASED ON A CLAIM SUBMITTED LATER THAN THREE YEARS AFTER THE CLOSE OF THE
9 SCHOOL YEAR IN WHICH SUCH PAYMENT WAS FIRST TO BE MADE. FOR CLAIMS FOR
10 WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TEN--TWO THOUSAND
11 ELEVEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO
12 PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION BOARD BASED ON A CLAIM
13 SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE OF SUCH SCHOOL YEAR.
14 PROVIDED, HOWEVER, NO PAYMENTS SHALL BE BARRED OR REDUCED WHERE SUCH
15 PAYMENT IS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE STATE.
16 S 7. Intentionally omitted.
17 S 8. Subdivision 21-a of section 1604 of the education law, as added
18 by chapter 472 of the laws of 1998, is amended to read as follows:
19 21-a. To lease a motor vehicle or vehicles to be used for the trans-
20 portation of the children of the district from a school district, board
21 of cooperative educational services or county vocational education and
22 extension board or from any other source, under the conditions specified
23 in this subdivision. No such agreement for the lease of a motor vehicle
24 or vehicles shall be for a term of more than one school year, provided
25 that when THE BOARD OF TRUSTEES CAN DEMONSTRATE TO THE SATISFACTION OF
26 THE COMMISSIONER THAT THE COST OF A LEASE, IF EXTENDED OVER THE EXPECTED
27 LIFESPAN OF A SCHOOL BUS, WOULD BE LOWER THAN THE COST OF PURCHASING AND
28 MAINTAINING A SCHOOL BUS, AND THE LEASE IS authorized by a vote of the
29 qualified voters of the district, such lease may have a term of up to
30 five years. Where the trustee or board of trustees enter into a lease of
31 a motor vehicle or vehicles pursuant to this subdivision for a term of
32 one school year or less, such trustee or board shall not be authorized
33 to enter into another lease for the same or an equivalent replacement
34 vehicle or vehicles, as determined by the commissioner, without obtain-
35 ing approval of the qualified voters of the school district.
36 S 9. Intentionally omitted.
37 S 10. Intentionally omitted.
38 S 11. Intentionally omitted.
39 S 12. Paragraph i of subdivision 25 of section 1709 of the education
40 law, as added by chapter 472 of the laws of 1998, is amended to read as
41 follows:
42 i. In addition to the authority granted in paragraph e of this subdi-
43 vision, the board of education shall be authorized to lease a motor
44 vehicle or vehicles to be used for the transportation of the children of
45 the district from sources other than a school district, board of cooper-
46 ative educational services or county vocational education and extension
47 board under the conditions specified in this paragraph. No such agree-
48 ment for the lease of a motor vehicle or vehicles shall be for a term of
49 more than one school year, provided that when THE BOARD OF EDUCATION CAN
50 DEMONSTRATE TO THE SATISFACTION OF THE COMMISSIONER THAT THE COST OF A
51 LEASE, IF EXTENDED OVER THE EXPECTED LIFESPAN OF A SCHOOL BUS, WOULD BE
52 LOWER THAN THE COST OF PURCHASING AND MAINTAINING A SCHOOL BUS, AND THE
53 LEASE IS authorized by a vote of the qualified voters of the district,
54 such lease may have a term of up to five years. Where the board of
55 education enters a lease of a motor vehicle or vehicles pursuant to this
56 paragraph for a term of one school year or less, such board shall not be
A. 4008--B 7
1 authorized to enter into another lease of the same or an equivalent
2 replacement vehicle or vehicles, as determined by the commissioner,
3 without obtaining approval of the voters.
4 S 13. Intentionally omitted.
5 S 14. Intentionally omitted.
6 S 15. Intentionally omitted.
7 S 16. Intentionally omitted.
8 S 17. Intentionally omitted.
9 S 18. Intentionally omitted.
10 S 19. Intentionally omitted.
11 S 20. Intentionally omitted.
12 S 21. Paragraph (a) of subdivision 1 of section 2856 of the education
13 law, as amended by section 12 of part A of chapter 57 of the laws of
14 2009, is amended to read as follows:
15 (a) The enrollment of students attending charter schools shall be
16 included in the enrollment, attendance, membership and, if applicable,
17 count of students with disabilities of the school district in which the
18 pupil resides. The charter school shall report all such data to the
19 school districts of residence in a timely manner. Each school district
20 shall report such enrollment, attendance and count of students with
21 disabilities to the department. The school district of residence shall
22 pay directly to the charter school for each student enrolled in the
23 charter school who resides in the school district the charter school
24 basic tuition, which shall be:
25 (I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND TEN
26 SCHOOL YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND TWELVE--TWO
27 THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
28 the amount calculated pursuant to paragraph f of subdivision one of
29 section thirty-six hundred two of this chapter for the school district
30 for the year prior to the base year increased by the percentage change
31 in the state total approved operating expense calculated pursuant to
32 paragraph t of subdivision one of section thirty-six hundred two of this
33 chapter from two years prior to the base year to the base year;
34 [provided, however, that]
35 (II) for the two thousand nine--two thousand ten school year, the
36 charter school basic tuition shall be the amount payable by such
37 district as charter school basic tuition for the two thousand eight--two
38 thousand nine school year[.];
39 (III) FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOU-
40 SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL
41 BASIC TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND
42 TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF
43 SUBPARAGRAPH (I) OF THIS PARAGRAPH.
44 S 22. Subdivision 1 of section 2856 of the education law, as separate-
45 ly amended by chapter 4 of the laws of 1998 and section 12 of part A of
46 chapter 57 of the laws of 2009, is amended to read as follows:
47 1. (A) The enrollment of students attending charter schools shall be
48 included in the enrollment, attendance and, if applicable, count of
49 students with disabilities of the school district in which the pupil
50 resides. The charter school shall report all such data to the school
51 districts of residence in a timely manner. Each school district shall
52 report such enrollment, attendance and count of students with disabili-
53 ties to the department. The school district of residence shall pay
54 directly to the charter school for each student enrolled in the charter
55 school who resides in the school district THE CHARTER SCHOOL BASIC
56 TUITION WHICH SHALL BE:
A. 4008--B 8
1 (I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND TEN
2 SCHOOL YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND TWELVE--TWO
3 THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
4 the amount calculated pursuant to paragraph f of subdivision one of
5 section [thirty six] THIRTY-SIX hundred two of this chapter for the
6 school district for the year prior to the base year increased by the
7 percentage change in the state total approved operating expense calcu-
8 lated pursuant to [subdivision eleven] PARAGRAPH T OF SUBDIVISION ONE of
9 section [thirty six] THIRTY-SIX hundred two of this chapter from two
10 years prior to the base year to the base year; [provided, however, that]
11 (II) for the two thousand nine--two thousand ten school year, the
12 charter school basic tuition shall be the amount payable by such
13 district as charter school basic tuition for the two thousand eight--two
14 thousand nine school year;
15 (III) FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOU-
16 SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL
17 BASIC TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND
18 TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF
19 SUBPARAGRAPH (I) OF THIS PARAGRAPH.
20 (B) The school district shall also pay directly to the charter school
21 any federal or state aid attributable to a student with a disability
22 attending charter school in proportion to the level of services for such
23 student with a disability that the charter school provides directly or
24 indirectly. Notwithstanding anything in this section to the contrary,
25 amounts payable pursuant to this subdivision may be reduced pursuant to
26 an agreement between the school and the charter entity set forth in the
27 charter. Payments made pursuant to this subdivision shall be made by the
28 school district in six substantially equal installments each year begin-
29 ning on the first business day of July and every two months thereafter.
30 Amounts payable under this subdivision shall be determined by the
31 commissioner. Amounts payable to a charter school in its first year of
32 operation shall be based on the projections of initial-year enrollment
33 set forth in the charter. Such projections shall be reconciled with the
34 actual enrollment at the end of the school's first year of operation,
35 and any necessary adjustments shall be made to payments during the
36 school's second year of operation.
37 S 23. Intentionally omitted.
38 S 24. Intentionally omitted.
39 S 25. Subdivision 1 of section 3602 of the education law is amended by
40 adding five new paragraphs aa, bb, cc, dd and ee to read as follows:
41 AA. "TOTAL PERSONAL INCOME OF THE STATE" SHALL MEAN THE TOTAL PERSONAL
42 INCOME OF THE STATE OF NEW YORK AS PUBLISHED BY THE UNITED STATES
43 DEPARTMENT OF COMMERCE OR ANY SUCCESSOR AGENCY FROM WHICH INFORMATION IS
44 AVAILABLE, AGGREGATED ON A STATE FISCAL YEAR BASIS. FOR THE TWO THOUSAND
45 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, SUCH PERSONAL INCOME SHALL BE
46 BASED ON THE DATA AVAILABLE MOST PROXIMATE AND PRIOR TO FEBRUARY FIRST,
47 TWO THOUSAND ELEVEN, AND FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND
48 FOURTEEN SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, SUCH PERSONAL
49 INCOME SHALL BE BASED ON THE DATA AVAILABLE MOST PROXIMATE AND PRIOR TO
50 OCTOBER THIRTY-FIRST OF THE BASE YEAR. SUBSEQUENT REVISIONS OF THE
51 PUBLISHED ESTIMATED DOLLAR AMOUNT FOR ANY STATE FISCAL YEAR ESTIMATE
52 EMPLOYED PURSUANT TO THE TERMS OF THIS SECTION SHALL NOT AFFECT THE
53 VALIDITY OF THE DETERMINATIONS MADE FOR ANY STATE FISCAL YEAR.
54 BB. "PERSONAL INCOME GROWTH INDEX" SHALL MEAN (1) FOR THE TWO THOUSAND
55 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, THE AVERAGE OF THE QUOTIENTS
56 FOR EACH YEAR IN THE PERIOD COMMENCING WITH THE TWO THOUSAND FIVE--TWO
A. 4008--B 9
1 THOUSAND SIX STATE FISCAL YEAR AND FINISHING WITH THE TWO THOUSAND
2 NINE--TWO THOUSAND TEN STATE FISCAL YEAR OF THE TOTAL PERSONAL INCOME OF
3 THE STATE FOR EACH SUCH YEAR DIVIDED BY THE TOTAL PERSONAL INCOME OF THE
4 STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, BUT NOT LESS THAN
5 ONE AND (2) FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL
6 YEAR AND EACH SCHOOL YEAR THEREAFTER, THE QUOTIENT OF THE TOTAL PERSONAL
7 INCOME OF THE STATE FOR THE STATE FISCAL YEAR ONE YEAR PRIOR TO THE
8 STATE FISCAL YEAR IN WHICH THE BASE YEAR COMMENCED DIVIDED BY THE TOTAL
9 PERSONAL INCOME OF THE STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL
10 YEAR, BUT NOT LESS THAN ONE.
11 CC. "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL MEAN THE QUOTIENT OF
12 THE GAP ELIMINATION ADJUSTMENT AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT
13 AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED
14 AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
15 SUPPORT OF THE EXECUTIVE BUDGET PROPOSAL FOR THE 2011-12 SCHOOL YEAR AND
16 ENTITLED "BT111-2", DIVIDED BY THE STATEWIDE TOTAL OF ALL SUCH GAP ELIM-
17 INATION ADJUSTMENT AMOUNTS SET FORTH FOR ALL DISTRICTS IN SUCH SCHOOL
18 AID COMPUTER LISTING.
19 DD. "ALLOWABLE GROWTH AMOUNT" SHALL MEAN THE PRODUCT OF THE POSITIVE
20 DIFFERENCE, IF ANY, OF THE PERSONAL INCOME GROWTH INDEX LESS ONE, MULTI-
21 PLIED BY THE STATEWIDE TOTAL OF THE APPORTIONMENTS, INCLUDING THE GAP
22 ELIMINATION ADJUSTMENT, DUE AND OWING DURING THE BASE YEAR, COMMENCING
23 WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, TO SCHOOL
24 DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM THE GENER-
25 AL SUPPORT FOR PUBLIC SCHOOLS AS COMPUTED BASED ON AN ELECTRONIC DATA
26 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
27 COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE BASE YEAR.
28 EE. "PRELIMINARY GROWTH AMOUNT" SHALL MEAN THE DIFFERENCE BETWEEN THE
29 STATEWIDE TOTAL, EXCLUDING THE APPORTIONMENTS COMPUTED PURSUANT TO
30 SUBDIVISIONS FOUR AND SEVENTEEN OF THIS SECTION, OF THE APPORTIONMENTS
31 DUE AND OWING DURING THE CURRENT SCHOOL YEAR, COMMENCING WITH THE TWO
32 THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, TO SCHOOL DISTRICTS
33 AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM THE GENERAL SUPPORT
34 FOR PUBLIC SCHOOLS AS COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
35 PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
36 SUPPORT OF THE ENACTED BUDGET FOR THE CURRENT YEAR, LESS THE STATEWIDE
37 TOTAL OF SUCH APPORTIONMENTS, EXCLUDING THE APPORTIONMENTS COMPUTED
38 PURSUANT TO SUBDIVISIONS FOUR AND SEVENTEEN OF THIS SECTION, DUE AND
39 OWING DURING THE BASE SCHOOL YEAR TO SCHOOL DISTRICTS AND BOARDS OF
40 COOPERATIVE EDUCATIONAL SERVICES FROM THE GENERAL SUPPORT FOR PUBLIC
41 SCHOOLS AS COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE
42 SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
43 THE ENACTED BUDGET FOR THE CURRENT YEAR.
44 S 26. Subdivision 4 of section 3602 of the education law, as amended
45 by section 14 of part B of chapter 57 of the laws of 2008, the opening
46 paragraph, subparagraph 1 of paragraph a and paragraphs b and b-1, as
47 amended by section 13 of part A of chapter 57 of the laws of 2009, is
48 amended to read as follows:
49 4. Total foundation aid. In addition to any other apportionment
50 pursuant to this chapter, a school district, other than a special act
51 school district as defined in subdivision eight of section four thousand
52 one of this chapter, shall be eligible for total foundation aid equal to
53 the product of total aidable foundation pupil units multiplied by the
54 district's selected foundation aid, which shall be the greater of five
55 hundred dollars ($500) or foundation formula aid, provided, however that
56 for the two thousand seven--two thousand eight through two thousand
A. 4008--B 10
1 eight--two thousand nine [and two thousand eleven--two thousand twelve
2 through two thousand twelve--two thousand thirteen] school years, no
3 school district shall receive total foundation aid in excess of the sum
4 of the total foundation aid base for aid payable in the two thousand
5 seven--two thousand eight school year computed pursuant to subparagraph
6 (i) of paragraph j of subdivision one of this section, plus the phase-in
7 foundation increase computed pursuant to paragraph b of this subdivi-
8 sion, AND PROVIDED FURTHER THAT FOR THE TWO THOUSAND TWELVE--TWO THOU-
9 SAND THIRTEEN SCHOOL YEAR AND THEREAFTER, NO SCHOOL DISTRICT SHALL
10 RECEIVE TOTAL FOUNDATION AID IN EXCESS OF THE SUM OF THE TOTAL FOUNDA-
11 TION AID BASE FOR AID PAYABLE IN THE TWO THOUSAND TWELVE--TWO THOUSAND
12 THIRTEEN SCHOOL YEAR COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
13 OF THIS SECTION, PLUS THE PHASE-IN FOUNDATION INCREASE COMPUTED PURSUANT
14 TO PARAGRAPH B OF THIS SUBDIVISION, and provided further that total
15 foundation aid shall not be less than the product of the total founda-
16 tion aid base computed pursuant to paragraph j of subdivision one of
17 this section and one hundred three percent, nor more than the product of
18 such total foundation aid base and one hundred fifteen percent, and
19 provided further that for the two thousand nine--two thousand ten [and
20 two thousand ten--two thousand eleven] THROUGH TWO THOUSAND ELEVEN--TWO
21 THOUSAND TWELVE school years, each school district shall receive total
22 foundation aid in an amount equal to the amount apportioned to such
23 school district for the two thousand eight--two thousand nine school
24 year pursuant to this subdivision. Total aidable foundation pupil units
25 shall be calculated pursuant to paragraph g of subdivision two of this
26 section. For the purposes of calculating aid pursuant to this subdivi-
27 sion, aid for the city school district of the city of New York shall be
28 calculated on a citywide basis.
29 a. Foundation formula aid. Foundation formula aid shall equal the
30 remainder when the expected minimum local contribution is subtracted
31 from the product of the foundation amount, the regional cost index, and
32 the pupil need index, or: (foundation amount x regional cost index x
33 pupil need index)- expected minimum local contribution.
34 (1) The foundation amount shall reflect the average per pupil cost of
35 general education instruction in successful school districts, as deter-
36 mined by a statistical analysis of the costs of special education and
37 general education in successful school districts, provided that the
38 foundation amount shall be adjusted annually to reflect the percentage
39 increase in the consumer price index as computed pursuant to section two
40 thousand twenty-two of this chapter, provided that for the two thousand
41 eight--two thousand nine school year, for the purpose of such adjust-
42 ment, the percentage increase in the consumer price index shall be
43 deemed to be two and nine-tenths percent (0.029), and provided further
44 that the foundation amount for the two thousand seven--two thousand
45 eight school year shall be five thousand two hundred fifty-eight
46 dollars, and provided further that for the two thousand seven--two thou-
47 sand eight through [two thousand twelve--two thousand thirteen] TWO
48 THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years, [such] THE founda-
49 tion amount shall be further adjusted by the phase-in foundation percent
50 established pursuant to paragraph b of this subdivision.
51 (2) The regional cost index shall reflect an analysis of labor market
52 costs based on median salaries in professional occupations that require
53 similar credentials to those of positions in the education field, but
54 not including those occupations in the education field, provided that
55 the regional cost indices for the two thousand seven--two thousand eight
56 school year and thereafter shall be as follows:
A. 4008--B 11
1 Labor Force Region Index
2 Capital District 1.124
3 Southern Tier 1.045
4 Western New York 1.091
5 Hudson Valley 1.314
6 Long Island/NYC 1.425
7 Finger Lakes 1.141
8 Central New York 1.103
9 Mohawk Valley 1.000
10 North Country 1.000
11 (3) The pupil need index shall equal the sum of one plus the extraor-
12 dinary needs percent, provided, however, that the pupil need index shall
13 not be less than one nor more than two. The extraordinary needs percent
14 shall be calculated pursuant to paragraph w of subdivision one of this
15 section.
16 (4) The expected minimum local contribution shall equal the lesser of
17 (i) the product of (A) the quotient arrived at when the selected actu-
18 al valuation is divided by total wealth foundation pupil units, multi-
19 plied by (B) the product of the local tax factor, multiplied by the
20 income wealth index, or
21 (ii) the product of (A) the product of the foundation amount, the
22 regional cost index, and the pupil need index, multiplied by (B) the
23 positive difference, if any, of one minus the state sharing ratio for
24 total foundation aid.
25 The local tax factor shall be established by May first of each year by
26 determining the product, computed to four decimal places without round-
27 ing, of ninety percent multiplied by the quotient of the sum of the
28 statewide average tax rate as computed by the commissioner for the
29 current year in accordance with the provisions of paragraph e of subdi-
30 vision one of section thirty-six hundred nine-e of this part plus the
31 statewide average tax rate computed by the commissioner for the base
32 year in accordance with such provisions plus the statewide average tax
33 rate computed by the commissioner for the year prior to the base year in
34 accordance with such provisions, divided by three, provided however that
35 for the two thousand seven--two thousand eight school year, such local
36 tax factor shall be sixteen thousandths (0.016), and provided further
37 that for the two thousand eight--two thousand nine school year, such
38 local tax factor shall be one hundred fifty-four ten thousandths
39 (0.0154). The income wealth index shall be calculated pursuant to para-
40 graph d of subdivision three of this section, provided, however, that
41 for the purposes of computing the expected minimum local contribution
42 the income wealth index shall not be less than sixty-five percent (0.65)
43 and shall not be more than two hundred percent (2.0) and provided howev-
44 er that such income wealth index shall not be more than ninety-five
45 percent (0.95) for the two thousand eight--two thousand nine school
46 year. The selected actual valuation shall be calculated pursuant to
47 paragraph c of subdivision one of this section. Total wealth foundation
48 pupil units shall be calculated pursuant to paragraph h of subdivision
49 two of this section.
50 b. Phase-in foundation increase. (1) The phase-in foundation increase
51 shall equal the product of the phase-in foundation increase factor
52 multiplied by the [greater of (i) the] positive difference, if any, of
53 (A) the product of the total aidable foundation pupil units multiplied
54 by the district's selected foundation aid less (B) the total foundation
55 aid base for aid payable in the [two thousand seven--two thousand eight]
56 TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE school year computed pursuant
A. 4008--B 12
1 to [subparagraph (i) of] paragraph j of subdivision one of this section
2 [or (ii) the product of the phase-in due-minimum percent multiplied by
3 the total foundation aid base for aid payable in the two thousand
4 seven--two thousand eight school year computed pursuant to subparagraph
5 (i) of paragraph j of subdivision one of this section].
6 (2) [For the two thousand seven--two thousand eight school year, the
7 phase-in foundation percent shall equal one hundred seven and sixty-
8 eight hundredths percent (1.0768), the phase-in foundation increase
9 factor shall equal twenty percent (0.20), and the phase-in due-minimum
10 percent shall equal twelve and fifty-five hundredths percent (0.1255);
11 for the two thousand eight--two thousand nine school year, the phase-
12 in foundation percent shall equal one hundred five and twenty-six
13 hundredths percent (1.0526), the phase-in foundation increase factor
14 shall equal thirty-seven and one-half percent (0.375), and the phase-in
15 due-minimum percent shall equal twelve and fifty-five hundredths percent
16 (0.1255);
17 for the two thousand nine--two thousand ten school year, the phase-in
18 foundation percent shall equal one hundred two and five tenths percent
19 (1.025), the phase-in foundation increase factor shall equal thirty-sev-
20 en and one-half percent (0.375), and the phase-in due-minimum percent
21 shall equal twelve and fifty-five hundredths percent (0.1255)
22 for the two thousand ten--two thousand eleven school year, the phase-
23 in foundation percent shall equal one hundred seven and sixty-eight
24 hundredths percent (1.0768), the phase-in foundation increase factor
25 shall equal thirty-seven and one-half percent (0.375), and the phase-in
26 due-minimum percent shall equal twelve and fifty-five hundredths percent
27 (0.1255);
28 for the two thousand eleven--two thousand twelve school year, the] THE
29 phase-in foundation percent shall equal [one hundred five and six
30 hundredths percent (1.0506), the phase-in foundation increase factor
31 shall equal fifty-three and one-tenth percent (0.531), and the phase-in
32 due-minimum percent shall equal twelve and fifty-five hundredths percent
33 (0.1255); and
34 for the two thousand twelve--two thousand thirteen school year, the
35 phase-in foundation percent shall equal one hundred two and five
36 hundredths percent (1.0250), the phase-in foundation increase factor
37 shall equal seventy-five percent (0.75), and the phase-in due-minimum
38 percent shall equal twelve and fifty-five hundredths percent (0.1255)]
39 ONE HUNDRED THIRTEEN AND FOURTEEN ONE HUNDREDTHS PERCENT (1.1314) FOR
40 THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, ONE HUNDRED
41 TEN AND THIRTY-EIGHT HUNDREDTHS PERCENT (1.1038) FOR THE TWO THOUSAND
42 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, ONE HUNDRED SEVEN AND SIXTY-
43 EIGHT HUNDREDTHS PERCENT (1.0768) FOR THE TWO THOUSAND THIRTEEN--TWO
44 THOUSAND FOURTEEN SCHOOL YEAR, ONE HUNDRED FIVE AND SIX HUNDREDTHS
45 PERCENT (1.0506) FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
46 SCHOOL YEAR, AND ONE HUNDRED TWO AND FIVE TENTHS PERCENT (1.0250) FOR
47 THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR.
48 FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, THE
49 PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL THIRTY-SEVEN AND
50 ONE-HALF PERCENT (0.375), AND FOR THE TWO THOUSAND TWELVE--TWO THOUSAND
51 THIRTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL ANNUALLY
52 DETERMINE THE PHASE-IN FOUNDATION INCREASE FACTOR IN AN AMOUNT SO THAT
53 THE POSITIVE DIFFERENCE, IF ANY, OF THE STATEWIDE TOTAL OF THE PHASE-IN
54 FOUNDATION INCREASES COMPUTED PURSUANT TO THIS SUBDIVISION IN THE
55 CURRENT YEAR AS COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
56 PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
A. 4008--B 13
1 SUPPORT OF THE ENACTED BUDGET FOR THE CURRENT YEAR SHALL BE EQUAL TO THE
2 FOUNDATION GROWTH AMOUNT, WHICH SHALL EQUAL THE POSITIVE DIFFERENCE, IF
3 ANY OF THE ALLOWABLE GROWTH AMOUNT LESS THE PRELIMINARY GROWTH AMOUNT,
4 PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE PHASE-IN FOUNDATION FACTOR
5 EXCEED ONE HUNDRED PERCENT; AND FURTHER PROVIDED THAT, IN ANY YEAR IN
6 WHICH THE FOUNDATION GROWTH AMOUNT IS GREATER THAN ZERO, AND THE PHASE-
7 IN FOUNDATION FACTOR IS DETERMINED TO BE ZERO, AND THE STATEWIDE TOTAL
8 OF THE APPORTIONMENTS COMPUTED PURSUANT TO THIS SUBDIVISION EXCEEDS THE
9 FOUNDATION GROWTH AMOUNT, THE COMMISSIONER SHALL REDUCE ALL SUCH APPOR-
10 TIONMENTS ON A PRO-RATA BASIS SO THAT THE STATEWIDE TOTAL OF ALL SUCH
11 APPORTIONMENTS IS EQUAL TO THE FOUNDATION GROWTH AMOUNT.
12 b-1. Notwithstanding any other provision of law to the contrary, for
13 the two thousand seven--two thousand eight [through two thousand thir-
14 teen--two thousand fourteen] school [years] YEAR AND THEREAFTER, the
15 additional amount payable to each school district pursuant to this
16 subdivision in the current year as total foundation aid, after deducting
17 the total foundation aid base, shall be deemed a state grant in aid
18 identified by the commissioner for general use for purposes of sections
19 seventeen hundred eighteen and two thousand twenty-three of this chap-
20 ter.
21 c. Public excess cost aid setaside. Each school district shall set
22 aside from its total foundation aid computed for the current year pursu-
23 ant to this subdivision an amount equal to the product of: (i) the
24 difference between the amount the school district was eligible to
25 receive in the two thousand six--two thousand seven school year pursuant
26 to or in lieu of paragraph six of subdivision nineteen of this section
27 as such paragraph existed on June thirtieth, two thousand seven, minus
28 the amount such district was eligible to receive pursuant to or in lieu
29 of paragraph five of subdivision nineteen of this section as such para-
30 graph existed on June thirtieth, two thousand seven, in such school
31 year, and (ii) the sum of one and the percentage increase in the consum-
32 er price index for the current year over such consumer price index for
33 the two thousand six--two thousand seven school year, as computed pursu-
34 ant to section two thousand twenty-two of this chapter. Notwithstanding
35 any other provision of law to the contrary, the public excess cost aid
36 setaside shall be paid pursuant to section thirty-six hundred nine-b of
37 this part.
38 S 27. The closing paragraph of subdivision 5-a of section 3602 of the
39 education law, as amended by section 14 of part A of chapter 57 of the
40 laws of 2009, is amended to read as follows:
41 For the two thousand eight--two thousand nine school year, each school
42 district shall be entitled to an apportionment equal to the product of
43 fifteen percent and the additional apportionment computed pursuant to
44 this subdivision for the two thousand seven--two thousand eight school
45 year. For the two thousand nine--two thousand ten [and] THROUGH two
46 thousand [ten] TWELVE--two thousand [eleven] THIRTEEN school years, each
47 school district shall be entitled to an apportionment equal to the
48 amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
49 COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid
50 computer listing produced by the commissioner in support of the budget
51 for the two thousand nine--two thousand ten school year and entitled
52 "SA0910".
53 S 28. Intentionally omitted.
54 S 29. Clause (c) of subparagraph 1 of paragraph e of subdivision 6 of
55 section 3602 of the education law, as amended by section 3 of part A-3
56 of chapter 58 of the laws of 2006, is amended to read as follows:
A. 4008--B 14
1 (c) By the first day of September of the current year the comptroller
2 of the city of New York shall provide to the commissioner an analysis,
3 as prescribed by the commissioner, of the actual average interest rate
4 applied to all capital debt incurred by the city of New York AND THE NEW
5 YORK CITY TRANSITIONAL FINANCE AUTHORITY for school purposes [(or by the
6 New York city transitional finance authority for school purposes, if no
7 such capital debt is incurred by the city of New York)] during the base
8 year and of the estimated average interest rate applied to all capital
9 debt to be incurred by the city of New York AND THE NEW YORK CITY TRAN-
10 SITIONAL FINANCE AUTHORITY for school purposes [(or by the New York city
11 transitional finance authority for school purposes, if no such capital
12 debt is incurred by the city of New York)] during the current year. Upon
13 approval by the commissioner such actual average interest rate shall be
14 established as the interest rate applicable to the base year for the
15 purposes of this subparagraph and subparagraph two of this paragraph,
16 and such estimated average interest rate shall be tentatively estab-
17 lished as the interest rate applicable to the current year, except that
18 all apportionments of aid payable during the current year based on such
19 estimated average interest rate shall be recalculated in the following
20 year and adjusted as appropriate based on the appropriate actual average
21 interest rate then established by the commissioner.
22 S 30. Clause (d) of subparagraph 5 of paragraph e of subdivision 6 of
23 section 3602 of the education law, as added by section 55-a of part A of
24 chapter 57 of the laws of 2009, is amended to read as follows:
25 (d) Notwithstanding any other law, rule or regulation to the contrary,
26 any interest rate calculated under this subdivision shall take into
27 account any federal subsidy payments made or to be made to the applica-
28 ble [issuer] SCHOOL DISTRICT OR AN ISSUER ON BEHALF OF THE SCHOOL
29 DISTRICT under the terms of a federally authorized debt instrument which
30 have the effect of reducing the actual interest costs incurred by [such
31 issuer] THE SCHOOL DISTRICT OR AN ISSUER ON BEHALF OF THE SCHOOL
32 DISTRICT over the life of such capital debt, irrespective of any federal
33 government right of set-off.
34 S 31. Paragraph e of subdivision 6 of section 3602 of the education
35 law is amended by adding a new subparagraph 8 to read as follows:
36 (8) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY,
37 WHERE, DURING THE PERIOD OF ASSUMED AMORTIZATION RELATING TO A PROJECT
38 FOR THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR
39 IMPROVEMENT OF A SCHOOL BUILDING, THE SCHOOL BUILDING IS SOLD OR OWNER-
40 SHIP IS OTHERWISE TRANSFERRED TO AN ENTITY OTHER THAN THE SCHOOL
41 DISTRICT OR CITY AND SUCH TRANSFER RESULTS IN THE BUILDING NO LONGER
42 BEING OPERATED BY THE SCHOOL DISTRICT AS A PUBLIC ELEMENTARY OR SECOND-
43 ARY SCHOOL THAT IS NOT INDEPENDENT OR AUTONOMOUS, THE DISTRICT SHALL,
44 WITHIN SIXTY DAYS OF THE TRANSFER OF OWNERSHIP, NOTIFY THE COMMISSIONER
45 OF SUCH SALE OR TRANSFER, AND SHALL PROVIDE SUCH ADDITIONAL INFORMATION
46 ABOUT THE SALE OR TRANSFER AS THE COMMISSIONER MAY REQUIRE, IN A FORM
47 PRESCRIBED BY THE COMMISSIONER, AND THE COMMISSIONER SHALL RE-COMPUTE
48 THE BUILDING AID, IF ANY, PAYABLE FOR SUCH PROJECT PURSUANT TO THIS
49 SUBPARAGRAPH, EXCEPT TO THE EXTENT SUCH RE-COMPUTATION WOULD CONFLICT
50 WITH THE PROVISIONS OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-TT OF
51 THE PUBLIC AUTHORITIES LAW. THE COMMISSIONER SHALL DEDUCT THE REVENUES
52 RECEIVED BY THE SCHOOL DISTRICT OR CITY AS A RESULT OF SUCH SALE OR
53 TRANSFER FROM THE APPROVED TOTAL PROJECT COST AND, BASED ON SUCH
54 ADJUSTED PROJECT COST, ESTABLISH A NEW ASSUMED AMORTIZATION FOR THE
55 REMAINING USEFUL LIFE OF THE PROJECT UNDER THE APPLICABLE PROVISIONS OF
56 THIS PARAGRAPH.
A. 4008--B 15
1 S 32. Clause (ii) of subparagraph 5 of paragraph i of subdivision 6 of
2 section 3602 of the education law, as amended by section 1 of part F of
3 chapter 383 of the laws of 2001, is amended to read as follows:
4 (ii) notwithstanding any inconsistent provisions of this paragraph,
5 for aid payable in the two thousand two--two thousand three school year
6 and thereafter, approved expenditures for debt service for energy
7 performance contracts shall be based on assumed amortization where
8 required by paragraph e of this subdivision, AND PROVIDED FURTHER, THAT
9 APPROVED EXPENDITURES FOR DEBT SERVICE FOR ENERGY PERFORMANCE CONTRACTS
10 FOR PROJECTS APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE
11 BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN
12 ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A
13 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR
14 MORE, ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN SHALL NOT BE ELIGIBLE
15 FOR AN ADDITIONAL APPORTIONMENT COMPUTED PURSUANT TO CLAUSE (II) OF
16 SUBPARAGRAPH TWO OF PARAGRAPH B OF THIS SUBDIVISION.
17 S 33. Section 305 of the education law is amended by adding a new
18 subdivision 42 to read as follows:
19 42. THE COMMISSIONER SHALL ESTABLISH GUIDANCE PRESCRIBING COST-EFFEC-
20 TIVE TRANSPORTATION MANAGEMENT BEST PRACTICES. ON OR BEFORE JULY FIRST,
21 TWO THOUSAND THIRTEEN, EACH SCHOOL DISTRICT MUST SUBMIT A PLAN, IN A
22 FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, TO THE COMMISSIONER,
23 OUTLINING THE COST-EFFECTIVE TRANSPORTATION MANAGEMENT BEST PRACTICES IT
24 HAS IMPLEMENTED OR PLANS TO IMPLEMENT IN THE TWO THOUSAND THIRTEEN-TWO
25 THOUSAND FOURTEEN SCHOOL YEAR. THE COMMISSIONER SHALL REVIEW SUCH
26 DISTRICT PLANS AND ISSUE A PUBLIC REPORT ON OR BEFORE JULY FIRST, TWO
27 THOUSAND FOURTEEN, OUTLINING THE COST-EFFECTIVE MANAGEMENT BEST PRAC-
28 TICES IMPLEMENTED BY THE SCHOOL DISTRICTS, INDICATE THE PRACTICES THAT
29 HAVE RESULTED OR WILL RESULT IN THE GREATEST COST SAVINGS OR THE MOST
30 EFFICIENT USE OF RESOURCES, AND MAKE RECOMMENDATIONS AS TO ANY IMPROVE-
31 MENTS THAT COULD BE MADE TO INCREASE THE IMPLEMENTATION OF COST-EFFEC-
32 TIVE TRANSPORTATION MANAGEMENT BEST PRACTICES.
33 S 34. Paragraph c of subdivision 7 of section 3602 of the education
34 law, as amended by section 1 of part A-4 of chapter 58 of the laws of
35 2006, is amended to read as follows:
36 c. (1) For the purposes of computing this apportionment for the two
37 thousand five--two thousand six school year and thereafter, approved
38 transportation capital, debt service, and lease expense shall be the
39 amount computed based upon an assumed amortization determined pursuant
40 to paragraph e of this subdivision for an expenditure incurred by a
41 school district and approved by the commissioner for those items of
42 transportation capital, debt service and lease expense allowable under
43 subdivision two of section thirty-six hundred twenty-three-a of this
44 article for: (i) the regular aidable transportation of pupils, as such
45 terms are defined in sections thirty-six hundred twenty-one and thirty-
46 six hundred twenty-two-a of this article, (ii) the transportation of
47 children with disabilities pursuant to article eighty-nine of this chap-
48 ter, and (iii) the transportation of homeless children pursuant to para-
49 graph c of subdivision four of section thirty-two hundred nine of this
50 chapter, provided that the total approved cost of such transportation
51 shall not exceed the amount of the total cost of the most cost-effective
52 mode of transportation.
53 (2) Approvable expenses for the purchase of school buses shall be
54 limited to the actual purchase price, or the expense as if the bus were
55 purchased under state contract, whichever is less. If the commissioner
56 determines that no comparable bus was available under state contract at
A. 4008--B 16
1 the time of purchase, the approvable expenses shall be the actual
2 purchase price or the state wide median price of such bus in the most
3 recent base year in which such median price was established with an
4 allowable year to year CPI increase as defined in subdivision fourteen
5 of section three hundred five of this chapter; whichever is less. Such
6 median shall be computed by the commissioner for the purposes of this
7 subdivision.
8 (3) FOR A SCHOOL BUS WITH A SEATING CAPACITY OF TEN OR MORE PASSEN-
9 GERS, INCLUDING THE DRIVER, WHICH IS PURCHASED ON OR AFTER THE EFFECTIVE
10 DATE OF THIS SUBPARAGRAPH AS A REPLACEMENT FOR AN EXISTING SCHOOL BUS,
11 THE EXPENSE OF SUCH PURCHASE SHALL NOT BE AN ALLOWABLE COST UNLESS THE
12 SCHOOL BUS BEING REPLACED IS AT LEAST TEN YEARS OLD OR HAS A MILEAGE IN
13 EXCESS OF ONE HUNDRED TWENTY THOUSAND MILES, OR A WAIVER IS GRANTED BY
14 THE COMMISSIONER PURSUANT TO THIS PARAGRAPH. FOR A SCHOOL BUS WITH A
15 SEATING CAPACITY OF LESS THAN TEN PASSENGERS, INCLUDING THE DRIVER,
16 WHICH IS PURCHASED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH
17 AS A REPLACEMENT FOR AN EXISTING SCHOOL BUS, THE EXPENSE OF SUCH
18 PURCHASE SHALL NOT BE AN ALLOWABLE COST UNLESS THE SCHOOL BUS BEING
19 REPLACED IS AT LEAST SIX YEARS OLD OR HAS A MILEAGE IN EXCESS OF SEVEN-
20 TY-FIVE THOUSAND MILES, OR A WAIVER IS GRANTED BY THE COMMISSIONER
21 PURSUANT TO THIS SUBPARAGRAPH. THE COMMISSIONER MAY GRANT SUCH WAIVER
22 WHERE THE SCHOOL DISTRICT DEMONSTRATES TO THE SATISFACTION OF THE
23 COMMISSIONER THAT THE CONTINUED OPERATION OF THE VEHICLE WOULD BE UNSAFE
24 OR THAT A MECHANICAL FAILURE EXISTS THAT CANNOT BE REMEDIED BY REPAIRS
25 WITHOUT EXCESSIVE COST TO THE SCHOOL DISTRICTS.
26 S 35. Subdivision 12 of section 3602 of the education law, as added by
27 section 19 of part B of chapter 57 of the laws of 2008, the closing
28 paragraph as added by section 18 of part A of chapter 57 of the laws of
29 2009, is amended to read as follows:
30 12. Academic enhancement aid. A school district that as of April first
31 of the base year has been continuously identified as a district in need
32 of improvement for at least five years shall, for the two thousand
33 eight--two thousand nine school year, be entitled to an additional
34 apportionment equal to the positive remainder, if any, of (a) the lesser
35 of fifteen million dollars or the product of the total foundation aid
36 base, as defined by paragraph j of subdivision one of this section,
37 multiplied by ten percent (0.10), less (b) the positive remainder of (i)
38 the sum of the total foundation aid apportioned pursuant to subdivision
39 four of this section and the supplemental educational improvement grants
40 apportioned pursuant to subdivision eight of section thirty-six hundred
41 forty-one of this [act] ARTICLE, less (ii) the total foundation aid
42 base.
43 For the two thousand nine--two thousand ten [and] THROUGH two thousand
44 [ten] TWELVE--two thousand [eleven] THIRTEEN school years, each school
45 district shall be entitled to an apportionment equal to the amount set
46 forth for such school district as "EDUCATION GRANTS, ACADEMIC EN" under
47 the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing
48 produced by the commissioner in support of the budget for the two thou-
49 sand nine--two thousand ten school year and entitled "SA0910", and such
50 apportionment shall be deemed to satisfy the state obligation to provide
51 an apportionment pursuant to subdivision eight of section thirty-six
52 hundred forty-one of this article.
53 S 36. The opening paragraph of subdivision 16 of section 3602 of the
54 education law, as amended by section 19 of part A of chapter 57 of the
55 laws of 2009, is amended to read as follows:
A. 4008--B 17
1 Each school district shall be eligible to receive a high tax aid
2 apportionment in the two thousand eight--two thousand nine school year,
3 which shall equal the greater of (i) the sum of the tier 1 high tax aid
4 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
5 tax aid apportionment or (ii) the product of the apportionment received
6 by the school district pursuant to this subdivision in the two thousand
7 seven--two thousand eight school year, multiplied by the due-minimum
8 factor, which shall equal, for districts with an alternate pupil wealth
9 ratio computed pursuant to paragraph b of subdivision three of this
10 section that is less than two, seventy percent (0.70), and for all other
11 districts, fifty percent (0.50). Each school district shall be eligible
12 to receive a high tax aid apportionment in the two thousand nine--two
13 thousand ten [and] THROUGH two thousand [ten] TWELVE--two thousand
14 [eleven] THIRTEEN school years in the amount set forth for such school
15 district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
16 the school aid computer listing produced by the commissioner in support
17 of the budget for the two thousand nine--two thousand ten school year
18 and entitled "SA0910".
19 S 37. Section 3602 of the education law is amended by adding a new
20 subdivision 17 to read as follows:
21 17. GAP ELIMINATION ADJUSTMENT. A. NOTWITHSTANDING ANY OTHER PROVISION
22 OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL REDUCE PAYMENTS DUE TO
23 EACH DISTRICT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
24 YEAR AND THEREAFTER PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF
25 THIS PART BY AN AMOUNT EQUAL TO THE GAP ELIMINATION ADJUSTMENT COMPUTED
26 FOR SUCH DISTRICT, AND SUCH AMOUNT SHALL BE DEDUCTED FROM MONEYS APPOR-
27 TIONED FOR THE PURPOSES OF PAYMENTS MADE PURSUANT TO SUCH SECTION THIR-
28 TY-SIX HUNDRED NINE-A AND IF THE REDUCTION IS GREATER THAN THE SUM OF
29 THE AMOUNTS AVAILABLE FOR SUCH DEDUCTIONS, THE REMAINDER OF THE
30 REDUCTION SHALL BE WITHHELD FROM PAYMENTS SCHEDULED TO BE MADE TO THE
31 DISTRICT PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A FOR THE
32 FOLLOWING SCHOOL YEAR, AND PROVIDED FURTHER THAT AN AMOUNT EQUAL TO THE
33 AMOUNT OF SUCH DEDUCTION SHALL BE DEEMED TO HAVE BEEN PAID TO THE
34 DISTRICT PURSUANT TO THIS SECTION FOR THE SCHOOL YEAR IN WHICH SUCH
35 DEDUCTION IS MADE. THE COMMISSIONER SHALL COMPUTE SUCH GAP ELIMINATION
36 ADJUSTMENT AND SHALL PROVIDE A SCHEDULE OF SUCH REDUCTION IN PAYMENTS TO
37 THE STATE COMPTROLLER, THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE
38 SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
39 COMMITTEE.
40 B. THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO
41 THOUSAND TWELVE SCHOOL YEAR SHALL BE COMPUTED AS FOLLOWS, BASED ON DATA
42 USED BY THE COMMISSIONER FOR THE PURPOSES OF PRODUCING A SCHOOL AID
43 COMPUTER LISTING IN SUPPORT OF THE EXECUTIVE BUDGET PROPOSAL FOR THE TWO
44 THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR.
45 (I) THE PERCENTAGE REDUCTION SHALL BE THE SUM OF (A) THE PRODUCT OF
46 THE TOTAL AID FOR ADJUSTMENT, MULTIPLIED BY SIX AND FOUR-TENTHS PERCENT
47 (0.064), AND (B) THE PRODUCT OF FOUR THOUSAND FOUR HUNDRED DOLLARS
48 ($4,400) MULTIPLIED BY THE REDUCTION FACTOR, MULTIPLIED BY THE PUBLIC
49 SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO
50 SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION,
51 PROVIDED, HOWEVER, THAT SUCH PERCENTAGE REDUCTION SHALL NOT BE LESS THAN
52 THE PRODUCT OF ELEVEN PERCENT (0.11) MULTIPLIED BY SUCH TOTAL AID FOR
53 ADJUSTMENT, AND NOT MORE THAN THE PRODUCT OF TWENTY-THREE PERCENT (0.23)
54 MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT.
55 (II) THE TAX EFFORT REDUCTION SHALL BE THE PRODUCT OF THE TOTAL AID
56 FOR ADJUSTMENT, MULTIPLIED BY THE QUOTIENT OF TWENTY-THREE PERCENT
A. 4008--B 18
1 (0.23) DIVIDED BY THE QUOTIENT OF THE TAX EFFORT RATIO DIVIDED BY FOUR
2 AND FIVE-TENTHS PERCENT (0.045), PROVIDED, HOWEVER, THAT SUCH TAX EFFORT
3 REDUCTION SHALL NOT BE LESS THAN THE PRODUCT OF FIFTEEN PERCENT (0.15)
4 MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PROD-
5 UCT OF TWENTY-THREE PERCENT (0.23) MULTIPLIED BY SUCH TOTAL AID FOR
6 ADJUSTMENT.
7 (III) THE TGFE CHECK SHALL BE THE PRODUCT OF THE TGFE PERCENTAGE AND
8 THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE BASE YEAR.
9 (IV) THE ADMINISTRATIVE EFFICIENCY OFFSET SHALL BE THE PRODUCT OF
10 SEVENTY-FIVE DOLLARS ($75), MULTIPLIED BY THE STATE SHARING RATIO,
11 MULTIPLIED BY THE TOTAL AIDABLE FOUNDATION PUPIL UNITS.
12 THE GAP ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE LESSER
13 OF THE DISTRICT'S PERCENTAGE REDUCTION AND ITS TGFE CHECK, PROVIDED,
14 HOWEVER, THAT IN THE CASE OF A DISTRICT WITH A TAX EFFORT RATIO GREATER
15 THAN FOUR AND ONE-HALF PERCENT (0.045) AND A COMBINED WEALTH RATIO FOR
16 TOTAL FOUNDATION AID THAT IS LESS THAN ONE AND FIVE-TENTHS (1.5)
17 PERCENT, THE GAP ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE
18 LESSER OF THE PERCENTAGE REDUCTION, THE TGFE CHECK AND THE TAX EFFORT
19 REDUCTION, AND FURTHER PROVIDED THAT IN THE CASE OF A SCHOOL DISTRICT,
20 OTHER THAN A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN
21 EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND, WITH (A) AN ADMINISTRATIVE
22 EFFICIENCY RATIO OF LESS THAN ONE AND EIGHT-TENTHS PERCENT (0.018) AND
23 (B) AN ADMINISTRATIVE EXPENSE PER PUPIL OF LESS THAN THREE HUNDRED
24 FORTY-EIGHT DOLLARS ($348), THE GAP ELIMINATION ADJUSTMENT SHALL BE
25 REDUCED BY AN AMOUNT EQUAL TO THE ADMINISTRATIVE EFFICIENCY OFFSET.
26 C. FOR THE PURPOSES OF SUCH COMPUTATION, (I) "TOTAL AID FOR ADJUST-
27 MENT" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH FOR EACH SCHOOL
28 DISTRICT AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES + SPECIAL
29 SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
30 TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL
31 SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL",
32 "ACADEMIC ENHANCEMENT", "HIGH TAX AID" AND "SUPPLEMENTAL PUB EXCESS
33 COST" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID
34 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
35 TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
36 SCHOOL YEAR;
37 (II) "THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT" SHALL
38 MEAN THE QUOTIENT OF (A) THE SUM OF THE NUMBER OF PUPILS IN KINDERGARTEN
39 THROUGH GRADE SIX ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT WHO HAVE
40 APPLICATIONS ON FILE OR WHO ARE LISTED ON A DIRECT CERTIFICATION LETTER
41 CONFIRMING THEIR ELIGIBILITY FOR PARTICIPATION IN THE STATE AND FEDER-
42 ALLY FUNDED FREE AND REDUCED PRICE LUNCH PROGRAM ON THE DATE ENROLLMENT
43 WAS COUNTED IN ACCORDANCE WITH THIS SUBDIVISION FOR THE YEAR PRIOR TO
44 THE BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
45 REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE
46 BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
47 REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR THREE YEARS PRIOR TO
48 THE BASE YEAR, DIVIDED BY (B) THE SUM OF THE NUMBER OF PUPILS IN KINDER-
49 GARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC
50 SCHOOL DISTRICT ON THE DATE ENROLLMENT WAS COUNTED IN ACCORDANCE WITH
51 THIS SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER
52 OF PUPILS IN KINDERGARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT
53 REGISTER OF A PUBLIC SCHOOL DISTRICT COMPUTED FOR THE YEAR TWO YEARS
54 PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER OF PUPILS IN KINDERGARTEN
55 THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC SCHOOL
56 DISTRICT COMPUTED FOR THE YEAR THREE YEARS PRIOR TO THE BASE YEAR; AND
A. 4008--B 19
1 (III) "TOTAL AIDABLE FOUNDATION PUPIL UNITS" SHALL MEAN THE TOTAL
2 AIDABLE FOUNDATION PUPIL UNITS COMPUTED PURSUANT TO PARAGRAPH G OF
3 SUBDIVISION TWO OF THIS SECTION, FOR THE PURPOSES OF COMPUTING TOTAL
4 FOUNDATION AID; AND
5 (IV) "COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID" SHALL MEAN THE
6 COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO
7 SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION;
8 AND
9 (V) "THE STATE SHARING RATIO" SHALL MEAN THE STATE SHARING RATIO
10 COMPUTED FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH G OF
11 SUBDIVISION THREE OF THIS SECTION, BUT NOT LESS THAN TEN PERCENT (0.10);
12 AND
13 (VI) "TAX EFFORT RATIO" SHALL MEAN THE TAX EFFORT RATIO COMPUTED
14 PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH A OF SUBDIVISION SIXTEEN OF
15 THIS SECTION; AND
16 (VII) "REDUCTION FACTOR" SHALL MEAN THE PRODUCT OF THE POSITIVE
17 REMAINDER OF ONE LESS THE THREE-YEAR AVERAGE FREE AND REDUCED PRICE
18 LUNCH PERCENT, MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDA-
19 TION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
20 VISION THREE OF THIS SECTION; AND
21 (VIII) "ADMINISTRATIVE EFFICIENCY RATIO" SHALL MEAN THE QUOTIENT OF
22 THE SUM OF THE EXPENDITURES RELATED TO THE BOARD OF EDUCATION, INCLUDING
23 EXPENDITURES FOR THE BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
24 THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE TAX
25 COLLECTOR'S OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
26 TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR THE CHIEF
27 SCHOOL OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
28 NEL OFFICE, THE RECORDS MANAGEMENT OFFICER, PUBLIC INFORMATION AND
29 SERVICES, FEES FOR FISCAL AGENTS AND UNDISTRIBUTED INDIRECT COSTS,
30 DIVIDED BY THE TOTAL EXPENDITURES CHARGED BY A DISTRICT TO THE GENERAL,
31 DEBT SERVICE, AND SPECIAL AID FUNDS, EXCLUDING TRANSFERS FROM THE GENER-
32 AL FUND TO THE DEBT SERVICE AND SPECIAL AID FUNDS, BASED ON EXPENDITURES
33 REPORTED BY THE DISTRICT FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE
34 YEAR, BASED ON DATA ON FILE FOR AN ELECTRONIC DATA FILE USED TO PRODUCE
35 THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT
36 OF THE EXECUTIVE BUDGET REQUEST; AND
37 (IX) "ADMINISTRATIVE EXPENSE PER PUPIL" SHALL MEAN THE QUOTIENT OF THE
38 SUM OF THE EXPENDITURES RELATED TO THE BOARD OF EDUCATION, INCLUDING
39 EXPENDITURES FOR THE BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
40 THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE TAX
41 COLLECTOR'S OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
42 TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR THE CHIEF
43 SCHOOL OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
44 NEL OFFICE, THE RECORDS MANAGEMENT OFFICER, PUBLIC INFORMATION AND
45 SERVICES, FEES FOR FISCAL AGENTS AND UNDISTRIBUTED INDIRECT COSTS,
46 CHARGED BY A DISTRICT TO THE GENERAL, DEBT SERVICE, AND SPECIAL AID
47 FUNDS, BASED ON EXPENDITURES REPORTED BY THE DISTRICT FOR THE SCHOOL
48 YEAR TWO YEARS PRIOR TO THE BASE YEAR, DIVIDED BY THE PUBLIC SCHOOL
49 DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO SUBPARAGRAPH
50 TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION BASED ON DATA ON
51 FILE FOR AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
52 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
53 REQUEST; AND
54 (X) "TGFE PERCENTAGE" SHALL MEAN, (A) IN THE CASE OF A DISTRICT DETER-
55 MINED TO BE A HIGH NEED SCHOOL DISTRICT PURSUANT TO CLAUSE (C) OF
56 SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR
A. 4008--B 20
1 THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT
2 OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT
3 SCHOOL YEAR AND ENTITLED "SA0708", FOR A SCHOOL DISTRICT WHICH HAS A
4 THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT GREATER THAN
5 SEVENTY-FIVE PERCENT (0.75) AND WHICH HAS AN ADMINISTRATIVE EFFICIENCY
6 RATIO LESS THAN ONE AND FIFTY-FIVE ONE HUNDREDTHS PERCENT (0.0155), FOUR
7 AND SEVEN TENTHS PERCENT (0.047) AND FOR ALL OTHER SUCH SCHOOL
8 DISTRICTS, SIX AND NINE TENTHS PERCENT (0.069), OR (B) IN THE CASE OF
9 ALL OTHER SCHOOL DISTRICTS, ELEVEN PERCENT (0.11).
10 D. THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND TWELVE--TWO
11 THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER SHALL BE EQUAL TO THE GAP
12 ELIMINATION ADJUSTMENT FOR THE BASE YEAR, PLUS, IN ANY YEAR IN WHICH THE
13 PRELIMINARY GROWTH AMOUNT EXCEEDS THE ALLOWABLE GROWTH AMOUNT, THE PROD-
14 UCT OF THE GAP ELIMINATION ADJUSTMENT PERCENTAGE FOR SUCH DISTRICT AND
15 THE POSITIVE DIFFERENCE, IF ANY, BETWEEN THE PRELIMINARY GROWTH AMOUNT
16 LESS THE ALLOWABLE GROWTH AMOUNT, AS COMPUTED PURSUANT TO SUBDIVISION
17 ONE OF THIS SECTION, AND LESS, IN ANY YEAR IN WHICH THE PHASE-IN FOUNDA-
18 TION INCREASE FACTOR EQUALS ONE HUNDRED PERCENT, THE POSITIVE DIFFER-
19 ENCE, IF ANY, OF THE FOUNDATION GROWTH AMOUNT LESS THE STATEWIDE TOTAL
20 OF THE PHASE-IN FOUNDATION INCREASES COMPUTED PURSUANT TO PARAGRAPH B OF
21 SUBDIVISION FOUR OF THIS SECTION.
22 S 38. The opening paragraph of subdivision 10 of section 3602-e of the
23 education law, as amended by section 21 of part A of chapter 57 of the
24 laws of 2009, is amended to read as follows:
25 Notwithstanding any provision of law to the contrary, for aid payable
26 in the two thousand eight--two thousand nine school year, the grant to
27 each eligible school district for universal prekindergarten aid shall be
28 computed pursuant to this subdivision, and for the two thousand nine--
29 two thousand ten and two thousand ten--two thousand eleven school years,
30 each school district shall be eligible for a maximum grant equal to the
31 amount computed for such school district for the base year in the elec-
32 tronic data file produced by the commissioner in support of the two
33 thousand nine--two thousand ten education, labor and family assistance
34 budget, provided, however, that in the case of a district implementing
35 programs for the first time or implementing expansion programs in the
36 two thousand eight--two thousand nine school year where such programs
37 operate for a minimum of ninety days in any one school year as provided
38 in section 151-1.4 of the regulations of the commissioner, FOR THE TWO
39 THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
40 EN SCHOOL YEARS, such school district shall be eligible for a maximum
41 grant equal to the amount computed pursuant to paragraph a of subdivi-
42 sion nine of this section in the two thousand eight--two thousand nine
43 school year, AND FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND
44 TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS EACH SCHOOL
45 DISTRICT SHALL BE ELIGIBLE FOR A MAXIMUM GRANT EQUAL TO THE AMOUNT SET
46 FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER THE
47 HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING
48 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
49 FOR THE 2011-12 SCHOOL YEAR AND ENTITLED "BT111-2", and provided further
50 that the maximum grant shall not exceed the total actual grant expendi-
51 tures incurred by the school district in the current school year as
52 approved by the commissioner.
53 S 39. Paragraph a of subdivision 5 of section 3604 of the education
54 law, as amended by chapter 161 of the laws of 2005, is amended to read
55 as follows:
A. 4008--B 21
1 a. State aid adjustments. All errors or omissions in the apportionment
2 shall be corrected by the commissioner. Whenever a school district has
3 been apportioned less money than that to which it is entitled, the
4 commissioner may allot to such district the balance to which it is enti-
5 tled. Whenever a school district has been apportioned more money than
6 that to which it is entitled, the commissioner may, by an order, direct
7 such moneys to be paid back to the state to be credited to the general
8 fund local assistance account for state aid to the schools, or may
9 deduct such amount from the next apportionment to be made to said
10 district, provided, however, that, upon notification of excess payments
11 of aid for which a recovery must be made by the state through deduction
12 of future aid payments, a school district may request that such excess
13 payments be recovered by deducting such excess payments from the
14 payments due to such school district and payable in the month of June in
15 (i) the school year in which such notification was received and (ii) the
16 two succeeding school years, provided further that there shall be no
17 interest penalty assessed against such district or collected by the
18 state. Such request shall be made to the commissioner in such form as
19 the commissioner shall prescribe, and shall be based on documentation
20 that the total amount to be recovered is in excess of one percent of the
21 district's total general fund expenditures for the preceding school
22 year. The amount to be deducted in the first year shall be the greater
23 of (i) the sum of the amount of such excess payments that is recognized
24 as a liability due to other governments by the district for the preced-
25 ing school year and the positive remainder of the district's unreserved
26 fund balance at the close of the preceding school year less the product
27 of the district's total general fund expenditures for the preceding
28 school year multiplied by five percent, or (ii) one-third of such excess
29 payments. The amount to be recovered in the second year shall equal the
30 lesser of the remaining amount of such excess payments to be recovered
31 or one-third of such excess payments, and the remaining amount of such
32 excess payments shall be recovered in the third year. Provided further
33 that, notwithstanding any other provisions of this subdivision, any
34 pending payment of moneys due to such district as a prior year adjust-
35 ment payable pursuant to paragraph c of this subdivision for aid claims
36 that had been previously paid as current year aid payments in excess of
37 the amount to which the district is entitled and for which recovery of
38 excess payments is to be made pursuant to this paragraph, shall be
39 reduced at the time of actual payment by any remaining unrecovered
40 balance of such excess payments, and the remaining scheduled deductions
41 of such excess payments pursuant to this paragraph shall be reduced by
42 the commissioner to reflect the amount so recovered. [The commissioner
43 shall certify no payment to a school district based on a claim submitted
44 later than three years after the close of the school year in which such
45 payment was first to be made. For claims for which payment is first to
46 be made in the nineteen hundred ninety-six--ninety-seven school year,
47 the commissioner shall certify no payment to a school district based on
48 a claim submitted later than two years after the close of such school
49 year.] For claims for which payment is first to be made [in the nineteen
50 hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND TEN--TWO
51 THOUSAND ELEVEN school year [and thereafter], the commissioner shall
52 certify no payment to a school district based on a claim submitted later
53 than one year after the close of such school year. FOR CLAIMS FOR WHICH
54 PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
55 SCHOOL YEAR, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL
56 DISTRICT IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
A. 4008--B 22
1 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
2 COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO
3 THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND ENTITLED "BT111-2".
4 FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
5 ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, THE COMMISSIONER SHALL CERTIFY
6 NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDI-
7 VISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX
8 HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN
9 ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING
10 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST,
11 AND SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM
12 SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE OF SUCH SCHOOL YEAR.
13 Provided, however, no payments shall be barred or reduced where such
14 payment is required as a result of a final audit of the state. [It is
15 further provided that, until June thirtieth, nineteen hundred ninety-
16 six, the commissioner may grant a waiver from the provisions of this
17 section for any school district if it is in the best educational inter-
18 ests of the district pursuant to guidelines developed by the commission-
19 er and approved by the director of the budget.]
20 S 40. The opening paragraph of section 3609-a of the education law, as
21 amended by section 22 of part A of chapter 57 of the laws of 2009, is
22 amended to read as follows:
23 For aid payable in the two thousand seven--two thousand eight school
24 year [and thereafter] THROUGH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
25 SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i) the sum
26 of one hundred percent of the respective amount set forth for each
27 school district as payable pursuant to this section in the school aid
28 computer listing for the current year produced by the commissioner in
29 support of the budget which includes the appropriation for the general
30 support for public schools for the prescribed payments and individual-
31 ized payments due prior to April first for the current year plus the
32 apportionment payable during the current school year pursuant to subdi-
33 vision six-a and subdivision fifteen of section thirty-six hundred two
34 of this part minus any reductions to current year aids pursuant to
35 subdivision seven of section thirty-six hundred four of this part or any
36 deduction from apportionment payable pursuant to this chapter for
37 collection of a school district basic contribution as defined in subdi-
38 vision eight of section forty-four hundred one of this chapter, less any
39 grants provided pursuant to subparagraph two-a of paragraph b of subdi-
40 vision four of section ninety-two-c of the state finance law, less any
41 grants provided pursuant to subdivision twelve of section thirty-six
42 hundred forty-one of this article, or (ii) the apportionment calculated
43 by the commissioner based on data on file at the time the payment is
44 processed; provided however, that for the purposes of any payments made
45 pursuant to this section prior to the first business day of June of the
46 current year, moneys apportioned shall not include any aids payable
47 pursuant to subdivisions six and fourteen, if applicable, of section
48 thirty-six hundred two of this part as current year aid for debt service
49 on bond anticipation notes and/or bonds first issued in the current year
50 or any aids payable for full-day kindergarten for the current year
51 pursuant to subdivision nine of section thirty-six hundred two of this
52 part. The definitions of "base year" and "current year" as set forth in
53 subdivision one of section thirty-six hundred two of this part shall
54 apply to this section. For aid payable in the two thousand nine--two
55 thousand ten school year, reference to such "school aid computer listing
56 for the current year" shall mean the printouts entitled "SA0910". FOR
A. 4008--B 23
1 AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR,
2 "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE
3 HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL
4 DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER
5 LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF
6 THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE
7 GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDI-
8 VIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS
9 THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO
10 SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
11 PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION
12 SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION
13 FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION OF A
14 SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF
15 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED
16 PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF
17 SECTION NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED
18 PURSUANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE
19 OF THIS ARTICLE; OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSION-
20 ER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED
21 HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS
22 SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR,
23 MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI-
24 VISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED
25 TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTIC-
26 IPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS
27 PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO
28 SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. THE
29 DEFINITIONS OF "BASE YEAR" AND "CURRENT YEAR" AS SET FORTH IN SUBDIVI-
30 SION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL APPLY TO
31 THIS SECTION.
32 S 41. Subparagraphs 2 and 3 of paragraph a and clauses (i), (iv), (v),
33 (vi) and (vii) of subparagraph 3 of paragraph b of subdivision 1 of
34 section 3609-a of the education law, subparagraph 2 of paragraph a and
35 clauses (v) and (vii) of subparagraph 3 of paragraph b as amended by
36 section 32 of part B of chapter 57 of the laws of 2007, subparagraph 3
37 of paragraph a and clauses (i) and (iv) of subparagraph 3 of paragraph b
38 as amended by chapter 474 of the laws of 1996 and clause (vi) of subpar-
39 agraph 3 of paragraph b as added by section 43 of part A of chapter 60
40 of the laws of 2000, are amended to read as follows:
41 (2) Lottery apportionment. Of the estimated moneys to be apportioned
42 by the commissioner to school districts for the current year, that
43 portion payable pursuant to section ninety-two-c of the state finance
44 law, exclusive of the minimum lottery grant provided for the purchase of
45 textbooks pursuant to subparagraph one of paragraph b of subdivision
46 four of section ninety-two-c of such law and the lottery grant provided
47 pursuant to subparagraph two-a of paragraph b of subdivision four of
48 section ninety-two-c of the state finance law, shall be payable on the
49 [first] LAST state business day of September.
50 (3) Lottery textbook apportionment. The minimum lottery grant provided
51 for the purchase of textbooks pursuant to subparagraph one of paragraph
52 b of subdivision four of section ninety-two-c of the state finance law,
53 shall be payable on or before the [first] LAST STATE BUSINESS day of
54 September.
55 (i) Winter payments. The amounts designated for January, February and
56 March pursuant to clauses (i), (ii) and (iii) of subparagraph two of
A. 4008--B 24
1 this paragraph shall be paid on OR BEFORE the [first] LAST state busi-
2 ness day of such months.
3 (iv) April and May payments. Any amount designated for and remaining
4 to be paid in April or May pursuant to clauses (iv) and (v) of subpara-
5 graph two of this paragraph minus any portion of such amounts advanced
6 pursuant to clause (ii) of this subparagraph shall be paid on OR BEFORE
7 the [first] LAST state business day of such months.
8 (v) June payment. The moneys apportioned to school districts and
9 designated for June pursuant to clause (vi) of subparagraph two of this
10 paragraph shall be paid on OR BEFORE the [first] LAST state business day
11 of such month, to the extent that moneys are owed to school districts
12 pursuant to this section for the current year, including claims for
13 current year aid for debt service on bond anticipation notes aidable in
14 June and/or new bonds and capital notes aidable in June pursuant to
15 subdivisions six and fourteen, if applicable, of section thirty-six
16 hundred two of this [article] PART and claims for current year aid for
17 conversion to full day kindergarten [pursuant to subdivision nine of
18 section thirty-six hundred two of this article], after taking into
19 account any adjustments made in accordance with clauses (ii) and (iii)
20 of this subparagraph, net of any disallowances.
21 (vi) Deferred July payment of certain claims for debt service on bond
22 anticipation notes and on bonds or capital notes first issued in the
23 current year. The moneys apportioned to school districts for claims for
24 current year aid for debt service on bond anticipation notes aidable in
25 July following the current year and/or new bonds and capital notes aida-
26 ble in July following the current year pursuant to subdivisions six and
27 fourteen, if applicable, of section thirty-six hundred two of this
28 [article] PART shall be paid on OR BEFORE the [first] LAST state busi-
29 ness day of July immediately following the current school year, to the
30 extent that moneys are owed to school districts pursuant to this section
31 for the current year, net of any disallowances.
32 (vii) Deferred September payments. Any amounts payable to a school
33 district pursuant to this section which exceeded one hundred percent of
34 the respective amount set forth for such district as payable pursuant to
35 this section in the school aid computer listing for the current school
36 year shall be designated for payment for the month of September next
37 following the close of the current school year. Such payments shall be
38 made on OR BEFORE the [first] LAST state business day of the month of
39 September, based on data on file as of August first.
40 S 42. Clause (iii) of subparagraph 3 of paragraph b of subdivision 1
41 of section 3609-a of the education law, as amended by section 32 of part
42 B of chapter 57 of the laws of 2007, is amended to read as follows:
43 (iii) Determining final payment for the state fiscal year. Prior to
44 transmitting the March payment to the state comptroller, based on
45 current year, base year and prior school year state aid payments made or
46 scheduled to be made from the general support for public schools appro-
47 priations for the state fiscal year ending March thirty-first, the
48 commissioner shall determine the extent to which the amount designated
49 for June pursuant to clause (vi) of subparagraph two of this paragraph,
50 as adjusted in accordance with clause (ii) of this subparagraph, net of
51 any disallowances, would need to be advanced and paid on or before March
52 thirty-first in order to use the remainder of such appropriations,
53 EXCLUDING AMOUNTS ASSIGNED TO THE DEPARTMENT OF HEALTH PURSUANT TO
54 SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-B OF THIS ARTICLE, on
55 or before March thirty-first, or to the extent to which the amount
56 designated for March would need to be proportionally reduced so as not
A. 4008--B 25
1 to exceed such state fiscal year appropriations. The commissioner shall
2 report the amount of money required to be advanced or deferred and the
3 percent it represents of the June or March amounts, as the case may be,
4 to the director of the budget, the chairperson of the senate finance
5 committee and the chairperson of the assembly ways and means committee.
6 To the extent that moneys are advanced or deferred pursuant to this
7 paragraph, they shall be in the same proportion as each school
8 district's share bears to the total of such June or March amount. Upon
9 approval of the director of the budget, the commissioner shall transmit
10 the schedule of any such partial June prepayments or such reduced March
11 payments to the state comptroller. Any portion of the March payment
12 deferred shall be added to the June payment; any portion of the June
13 payment advanced shall be paid on or before March thirty-first.
14 S 43. Subparagraph 4 of paragraph b of subdivision 1 of section 3609-a
15 of the education law, as amended by section 25 of part A of chapter 57
16 of the laws of 2009, is amended to read as follows:
17 (4) State share of medicaid reimbursements. For the purposes of this
18 subparagraph, FOR AID PAYABLE IN THE TWO THOUSAND TEN--TWO THOUSAND
19 ELEVEN SCHOOL YEAR, the first reporting period shall run from May first
20 of the base year through January thirty-first of the current year, and
21 the second reporting period shall run from February first of the current
22 year through [April thirtieth] MARCH THIRTY-FIRST of the current year.
23 FOR AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
24 YEAR AND THEREAFTER, THE FIRST REPORTING PERIOD SHALL RUN FROM APRIL
25 FIRST OF THE BASE YEAR THROUGH DECEMBER THIRTY-FIRST OF THE CURRENT
26 YEAR, AND THE SECOND REPORTING PERIOD SHALL RUN FROM JANUARY FIRST OF
27 THE CURRENT YEAR THROUGH MARCH THIRTY-FIRST OF THE CURRENT YEAR.
28 Notwithstanding any inconsistent provisions of law to the contrary, the
29 sustaining advance payment due any school district pursuant to clause
30 (ii) of subparagraph three of this paragraph in March shall be reduced
31 by fifty percent of any federal participation during the first reporting
32 period pursuant to title XIX of the social security act, in special
33 education programs provided pursuant to article eighty-nine of this
34 chapter for services provided on or before June thirtieth, two thousand
35 nine; the June payment due any school district pursuant to clause (v) of
36 subparagraph three of this paragraph shall be reduced by fifty percent
37 of any federal participation during the second reporting period for
38 services provided on or before June thirtieth, two thousand nine. Not
39 later than ten days after the end of [a] THE FIRST reporting period
40 ENDING ON JANUARY THIRTY-FIRST, TWO THOUSAND ELEVEN, NOT LATER THAN
41 FORTY-ONE DAYS AFTER EACH FIRST REPORTING PERIOD THEREAFTER AND NOT
42 LATER THAN FORTY DAYS AFTER THE END OF EACH SECOND REPORTING PERIOD, the
43 commissioner of health, as the authorized fiscal agent of the state
44 education department, shall certify to the commissioner and the director
45 of the budget the total amount of such federal moneys paid to a school
46 district for such services during such reporting period. Following each
47 cycle payment, the commissioner of health shall report to the commis-
48 sioner the aggregate amount of such federal medicaid payments to each
49 school district. The commissioner shall recoup such amounts first, to
50 the extent possible, from the specified payment, then by withholding any
51 other moneys due the school district and finally by direct billing to
52 any school district still owing moneys to the state. All moneys withheld
53 or paid to the state on account of this paragraph shall be credited by
54 the comptroller to the local assistance account for general support for
55 public schools.
A. 4008--B 26
1 S 44. Subdivision 1 of section 3609-a of the education law is amended
2 by adding a new paragraph e to read as follows:
3 E. GAP ELIMINATION ADJUSTMENT OFFSET FOR TWO THOUSAND ELEVEN--TWO
4 THOUSAND TWELVE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
5 CONTRARY, THE COMMISSIONER SHALL INCREASE PAYMENTS DUE TO EACH DISTRICT
6 FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR PURSUANT TO
7 THIS SECTION BY AN AMOUNT EQUAL TO THE PRODUCT OF SEVEN HUNDRED EIGHTEEN
8 TEN THOUSANDTHS (.0718) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR
9 TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE COMPUTED FOR SUCH DISTRICT
10 PURSUANT TO PARAGRAPH B OF SUBDIVISION SEVENTEEN OF SECTION THIRTY-SIX
11 HUNDRED TWO OF THIS PART, AND SUCH AMOUNT SHALL BE ADDED TO MONEYS
12 APPORTIONED FOR THE PURPOSES OF PAYMENTS MADE PURSUANT TO THIS SECTION.
13 S 45. Paragraphs a and a-1 of subdivision 1 of section 3609-b of the
14 education law, paragraph a as amended by section 26 and paragraph a-1 as
15 added by section 27 of part A of chapter 57 of the laws of 2009, are
16 amended to read as follows:
17 a. Any moneys to be apportioned by the commissioner to school
18 districts during the school year pursuant to this section for services
19 provided on or before June thirtieth, two thousand nine THAT WERE REIM-
20 BURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN shall,
21 in the first instance, be designated as the state share of moneys due a
22 school district pursuant to title XIX of the social security act, on
23 account of school supportive health services provided to students with
24 disabilities in special education programs pursuant to article eighty-
25 nine of this chapter and to those pupils who are qualified handicapped
26 persons as defined in the federal rehabilitation act of nineteen hundred
27 seventy-three, as amended. Some or all of such state share may be
28 assigned on behalf of school districts to the department of health, as
29 provided herein; any remaining state share moneys shall be paid to
30 school districts on the same schedule as the federal share of such title
31 XIX payments and shall be based on the monthly report of the commission-
32 er of health to the commissioner; and any remaining moneys to be appor-
33 tioned to a school district pursuant to this section shall be paid in
34 accordance with the provisions of subdivision two of this section. The
35 amount to be assigned to the department of health, as determined by the
36 commissioner of health, for any school district shall not exceed the
37 federal share of any moneys due such school district pursuant to title
38 XIX. Moneys designated as state share moneys shall be paid to such
39 school districts based on the submission and approval of claims related
40 to such school supportive health services, in the manner provided by
41 law.
42 a-1. Any moneys to be apportioned by the commissioner to school
43 districts during the school year pursuant to this section for services
44 provided during the two thousand nine--two thousand ten school year and
45 thereafter, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL YEAR THAT WERE
46 NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEV-
47 EN, shall, in the first instance, be designated as the state share of
48 moneys due a school district pursuant to title XIX of the social securi-
49 ty act, on account of school supportive health services provided to
50 students with disabilities in special education programs pursuant to
51 article eighty-nine of this chapter and to those pupils who are quali-
52 fied handicapped persons as defined in the federal rehabilitation act of
53 nineteen hundred seventy-three, as amended. Such state share shall be
54 assigned on behalf of school districts to the department of health, as
55 provided herein; the amount designated as such nonfederal share shall be
56 transferred by the commissioner to the department of health based on the
A. 4008--B 27
1 monthly report of the commissioner of health to the commissioner; and
2 any remaining moneys to be apportioned to a school district pursuant to
3 this section shall be paid in accordance with the provisions of subdivi-
4 sion two of this section. The amount to be assigned to the department of
5 health, as determined by the commissioner of health, for any school
6 district shall not exceed the federal share of any moneys due such
7 school district pursuant to title XIX. Moneys designated as state share
8 moneys shall be paid to such school districts by the department of
9 health based on the submission and approval of claims related to such
10 school supportive health services, in the manner provided by law.
11 S 46. Paragraph b of subdivision 2 of section 3612 of the education
12 law, as amended by section 2 of part A of chapter 2 of the laws of 2011,
13 is amended to read as follows:
14 b. Such grants shall be awarded to school districts, within the limits
15 of funds appropriated therefor, through a competitive process that takes
16 into consideration the magnitude of any shortage of teachers in the
17 school district, the number of teachers employed in the school district
18 who hold temporary licenses to teach in the public schools of the state,
19 the number of provisionally certified teachers, the fiscal capacity and
20 geographic sparsity of the district, the number of new teachers the
21 school district intends to hire in the coming school year and the number
22 of summer in the city student internships proposed by an eligible school
23 district, if applicable. Grants provided pursuant to this section shall
24 be used only for the purposes enumerated in this section. Notwithstand-
25 ing any other provision of law to the contrary, a city school district
26 in a city having a population of one million or more inhabitants receiv-
27 ing a grant pursuant to this section may use no more than eighty percent
28 of such grant funds for any recruitment, retention and certification
29 costs associated with transitional certification of teacher candidates
30 for the school years two thousand one--two thousand two through [two
31 thousand ten--two thousand eleven] AND TWO THOUSAND ELEVEN--TWO THOUSAND
32 TWELVE.
33 S 47. Subdivision 6 of section 3622-a of the education law, as amended
34 by chapter 422 of the laws of 2004, is amended to read as follows:
35 6. Transportation of pupils to and from approved summer school
36 programs operated by a school district in the two thousand--two thousand
37 one school year and thereafter, provided, however, [that any expenses
38 for which aid is received pursuant to subdivision thirty-nine of section
39 thirty-six hundred two of this article shall be excluded from the compu-
40 tation of allowable transportation expense, and provided further] that
41 if the total statewide apportionment attributable to allowable transpor-
42 tation expenses incurred pursuant to this subdivision exceeds five
43 million dollars ($5,000,000), individual school district allocations
44 shall be prorated to ensure that the apportionment for such summer
45 transportation does not exceed five million dollars ($5,000,000),
46 provided that such prorated apportionment computed and payable as of
47 September one of the school year immediately following the school year
48 for which such aid is claimed shall be deemed final and not subject to
49 change; and
50 S 48. Paragraph c of subdivision 2 of section 3623-a of the education
51 law, as amended by chapter 453 of the laws of 2005, is amended and a new
52 paragraph f is added to read as follows:
53 c. [The] SUBJECT TO THE LIMITATION IN PARAGRAPH F OF THIS SUBDIVISION,
54 THE purchase of equipment deemed a proper school district expense,
55 including: (i) the purchase of two-way radios to be used on old and new
56 school buses, (ii) the purchase of stop-arms, to be used on old and new
A. 4008--B 28
1 school buses, (iii) the purchase and installation of seat safety belts
2 on school buses in accordance with the provisions of section thirty-six
3 hundred thirty-five-a of this article, (iv) the purchase of school bus
4 back up beepers, (v) the purchase of school bus front crossing arms,
5 (vi) the purchase of school bus safety sensor devices, (vii) the
6 purchase and installation of exterior reflective marking on school
7 buses, (viii) the purchase of automatic engine fire extinguishing
8 systems for school buses used to transport students who use wheelchairs
9 or other assistive mobility devices, and (ix) the purchase of other
10 equipment as prescribed in the regulations of the commissioner; and
11 F. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION,
12 ALLOWABLE EXPENSES FOR THE PURCHASE OF EQUIPMENT FOR NEW SCHOOL BUSES
13 PURCHASED ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE
14 LIMITED TO EXPENSES FOR THOSE ITEMS OF EQUIPMENT DETERMINED BY THE
15 COMMISSIONER TO BE COST-EFFECTIVE.
16 S 49. Intentionally omitted.
17 S 50. Paragraph b of subdivision 11 of section 3641 of the education
18 law, as amended by chapter 9 of the laws of 2008, is amended to read as
19 follows:
20 b. To the Roosevelt union free school district FOR THE TWO THOUSAND
21 ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR there shall be paid [twelve] SIX
22 million dollars [($12,000,000)] ($6,000,000) on an annual basis, AND FOR
23 THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFT-
24 ER THERE SHALL BE PAID TWELVE MILLION DOLLARS ($12,000,000) ON ANNUAL
25 BASIS. For school years commencing on July first, two thousand seven and
26 thereafter, such special academic improvement grant shall be payable
27 from funds appropriated for such purpose and shall be apportioned to the
28 Roosevelt union free school district in accordance with the payment
29 schedules contained in section three thousand six hundred nine-a of this
30 article, notwithstanding any provision of law to the contrary.
31 S 51. Intentionally omitted.
32 S 52. Intentionally omitted.
33 S 53. Intentionally omitted.
34 S 54. Intentionally omitted.
35 S 55. Intentionally omitted.
36 S 56. Intentionally omitted.
37 S 57. Intentionally omitted.
38 S 58. Subdivision 6 of section 4402 of the education law, as amended
39 by section 3 of part A of chapter 2 of the laws of 2011, is amended to
40 read as follows:
41 6. Notwithstanding any other law, rule or regulation to the contrary,
42 the board of education of a city school district with a population of
43 one hundred twenty-five thousand or more inhabitants shall be permitted
44 to establish maximum class sizes for special classes for certain
45 students with disabilities in accordance with the provisions of this
46 subdivision. For the purpose of obtaining relief from any adverse fiscal
47 impact from under-utilization of special education resources due to low
48 student attendance in special education classes at the middle and
49 secondary level as determined by the commissioner, such boards of educa-
50 tion shall, during the school years nineteen hundred ninety-five--nine-
51 ty-six through June thirtieth, two thousand [eleven] TWELVE of the [two
52 thousand ten--two thousand eleven] TWO THOUSAND ELEVEN--TWO THOUSAND
53 TWELVE school year, be authorized to increase class sizes in special
54 classes containing students with disabilities whose age ranges are
55 equivalent to those of students in middle and secondary schools as
56 defined by the commissioner for purposes of this section by up to but
A. 4008--B 29
1 not to exceed one and two tenths times the applicable maximum class size
2 specified in regulations of the commissioner rounded up to the nearest
3 whole number, provided that in a city school district having a popu-
4 lation of one million or more, classes that have a maximum class size of
5 fifteen may be increased by no more than one student and provided that
6 the projected average class size shall not exceed the maximum specified
7 in the applicable regulation, provided that such authorization shall
8 terminate on June thirtieth, two thousand. Such authorization shall be
9 granted upon filing of a notice by such a board of education with the
10 commissioner stating the board's intention to increase such class sizes
11 and a certification that the board will conduct a study of attendance
12 problems at the secondary level and will implement a corrective action
13 plan to increase the rate of attendance of students in such classes to
14 at least the rate for students attending regular education classes in
15 secondary schools of the district. Such corrective action plan shall be
16 submitted for approval by the commissioner by a date during the school
17 year in which such board increases class sizes as provided pursuant to
18 this subdivision to be prescribed by the commissioner. Upon at least
19 thirty days notice to the board of education, after conclusion of the
20 school year in which such board increases class sizes as provided pursu-
21 ant to this subdivision, the commissioner shall be authorized to termi-
22 nate such authorization upon a finding that the board has failed to
23 develop or implement an approved corrective action plan.
24 S 59. Intentionally omitted.
25 S 60. Intentionally omitted.
26 S 61. Intentionally omitted.
27 S 62. Intentionally omitted.
28 S 63. Clause (b) of subparagraph (iii) of paragraph b of subdivision
29 11 of section 4410 of the education law, as amended by chapter 205 of
30 the laws of 2009, is amended to read as follows:
31 (b) Any moneys due municipalities pursuant to this paragraph for
32 services provided during the two thousand nine--two thousand ten school
33 year and thereafter, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL YEAR
34 THAT WERE NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO
35 THOUSAND ELEVEN, shall, in the first instance, be designated as the
36 state share of moneys due a municipality pursuant to title XIX of the
37 social security act, on account of school supportive health services
38 provided to preschool students with disabilities pursuant to this
39 section. Such state share shall be assigned on behalf of municipalities
40 to the department of health, as provided herein; the amount designated
41 as such nonfederal share shall be transferred by the commissioner to the
42 department of health based on the monthly report of the commissioner of
43 health to the commissioner; and any remaining moneys to be apportioned
44 to a municipality pursuant to this section shall be paid in accordance
45 with this section. The amount to be assigned to the department of
46 health, as determined by the commissioner of health, for any munici-
47 pality shall not exceed the federal share of any moneys due such munici-
48 pality pursuant to title XIX of the social security act. Moneys desig-
49 nated as state share moneys shall be paid to such municipality by the
50 department of health based on the submission and approval of claims
51 related to such school supportive health services, in the manner
52 provided by law.
53 S 64. Subparagraph 4 of paragraph b of subdivision 4 of section 92-c
54 of the state finance law, as amended by section 46 of part B of chapter
55 57 of the laws of 2007, is amended to read as follows:
A. 4008--B 30
1 (4) each eligible school district shall be entitled to an additional
2 lottery grant equal to the result of multiplying the district's total
3 aidable FOUNDATION pupil units for the base year COMPUTED PURSUANT TO
4 PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
5 ACT by:
6 Base Grant x (1 + aid ratio)
7 Where, the base grant shall equal the sum of the net total available
8 moneys after making payments pursuant to subparagraphs (1), (2), (2-a)
9 and (3) above, plus an amount from the general support for public
10 schools-- general fund local assistance account equal to the June
11 lottery payment, divided by the total aidable FOUNDATION pupil units of
12 the state and where the Aid Ratio is equal to one minus the pupil wealth
13 ratio of the district as such term is defined in section thirty-six
14 hundred two of the education law. In no case shall a school district aid
15 ratio exceed one (1) or be less than minus one (-1).
16 S 65. Subdivision b of section 2 of chapter 756 of the laws of 1992,
17 relating to funding a program for work force education conducted by the
18 consortium for worker education in New York city, as amended by section
19 41 of part A of chapter 57 of the laws of 2009, is amended to read as
20 follows:
21 b. Reimbursement for programs approved in accordance with subdivision
22 a of this section [for the 2006-07 school year shall not exceed 64.7
23 percent of the lesser of such approvable costs per contact hour or nine
24 dollars and twenty-five cents per contact hour where a contact hour
25 represents sixty minutes of instruction services provided to an eligible
26 adult, reimbursement for the 2007-08 school year shall not exceed 63.3
27 percent of the lesser of such approvable costs per contact hour or nine
28 dollars and ninety cents per contact hour where a contact hour repres-
29 ents sixty minutes of instruction services provided to an eligible
30 adult, reimbursement] for the 2008-09 school year shall not exceed 62.8
31 percent of the lesser of such approvable costs per contact hour or ten
32 dollars and sixty-five cents per contact hour [where a contact hour
33 represents sixty minutes of instruction services provided to an eligible
34 adult and], reimbursement for the 2009-10 school year shall not exceed
35 64.1 percent of the lesser of such approvable costs per contact hour or
36 eleven dollars and fifty cents per contact hour [where a contact hour
37 represents sixty minutes of instruction services provided to an eligible
38 adult], REIMBURSEMENT FOR THE 2010-11 SCHOOL YEAR SHALL NOT EXCEED 62.6
39 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
40 TWELVE DOLLARS AND FIVE CENTS PER CONTACT HOUR AND REIMBURSEMENT FOR THE
41 2011-12 SCHOOL YEAR SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER OF SUCH
42 APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND FIFTEEN CENTS
43 PER CONTACT HOUR, WHERE A CONTACT HOUR REPRESENTS SIXTY MINUTES OF
44 INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT. Notwithstanding any
45 other provision of law to the contrary, [for the 2006-07 school year
46 such contact hours shall not exceed one million nine hundred twenty-
47 three thousand seventy-six (1,923,076) hours; whereas for the 2007-08
48 school year such contact hours shall not exceed one million eight
49 hundred thirty-seven thousand sixty (1,837,060) hours; whereas] for the
50 2008-09 school year such contact hours shall not exceed one million nine
51 hundred forty-six thousand one hundred seven (1,946,107) hours; whereas
52 for the 2009-10 school year such contact hours shall not exceed one
53 million seven hundred sixty-three thousand nine hundred seven
54 (1,763,907) hours; WHEREAS FOR THE 2010-11 SCHOOL YEAR SUCH CONTACT
A. 4008--B 31
1 HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE
2 HUNDRED NINETY-EIGHT (1,525,198) HOURS; WHEREAS FOR THE 2011-12 SCHOOL
3 YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SEVEN HUNDRED ONE
4 THOUSAND FIVE HUNDRED SEVENTY (1,701,570) HOURS. Notwithstanding any
5 other provision of law to the contrary, the apportionment calculated for
6 the city school district of the city of New York pursuant to subdivision
7 11 of section 3602 of the education law shall be computed as if such
8 contact hours provided by the consortium for worker education, not to
9 exceed the contact hours set forth herein, were eligible for aid in
10 accordance with the provisions of such subdivision 11 of section 3602 of
11 the education law.
12 S 66. Section 4 of chapter 756 of the laws of 1992, relating to fund-
13 ing a program for work force education conducted by the consortium for
14 worker education in New York city, is amended by adding a new subdivi-
15 sion p to read as follows:
16 P. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
17 COMPLETION OF PAYMENTS FOR THE 2011-2012 SCHOOL YEAR. NOTWITHSTANDING
18 ANY INCONSISTENT PROVISIONS OF THE LAW, THE COMMISSIONER OF EDUCATION
19 SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO
20 THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF
21 THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE
22 CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE
23 ACCOUNT AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
24 S 67. Section 6 of chapter 756 of the laws of 1992, relating to fund-
25 ing a program for work force education conducted by the consortium for
26 worker education in New York city, as amended by chapter 2 of the laws
27 of 2011, is amended to read as follows:
28 S 6. This act shall take effect July 1, 1992, and shall be deemed
29 repealed on June 30, [2011] 2012.
30 S 68. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
31 relating to certain provisions related to the 1994-95 state operations,
32 aid to localities, capital projects and debt service budgets, as amended
33 by chapter 2 of the laws of 2011, is amended to read as follows:
34 1. Sections one through seventy of this act shall be deemed to have
35 been in full force and effect as of April 1, 1994 provided, however,
36 that sections one, two, twenty-four, twenty-five and twenty-seven
37 through seventy of this act shall expire and be deemed repealed on March
38 31, 2000; provided, however, that section twenty of this act shall apply
39 only to hearings commenced prior to September 1, 1994, and provided
40 further that section twenty-six of this act shall expire and be deemed
41 repealed on March 31, 1997; and provided further that sections four
42 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
43 twenty-one-a of this act shall expire and be deemed repealed on March
44 31, 1997; and provided further that sections three, fifteen, seventeen,
45 twenty, twenty-two and twenty-three of this act shall expire and be
46 deemed repealed on March 31, [2012] 2013.
47 S 69. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
48 of 1995, amending the education law and certain other laws relating to
49 state aid to school districts and the appropriation of funds for the
50 support of government, as amended by chapter 2 of the laws of 2011, are
51 amended to read as follows:
52 (22) sections one hundred twelve, one hundred thirteen, one hundred
53 fourteen, one hundred fifteen and one hundred sixteen of this act shall
54 take effect on July 1, 1995; provided, however, that section one hundred
55 thirteen of this act shall remain in full force and effect until July 1,
56 [2011] 2012 at which time it shall be deemed repealed;
A. 4008--B 32
1 (24) sections one hundred eighteen through one hundred thirty of this
2 act shall be deemed to have been in full force and effect on and after
3 July 1, 1995; provided further, however, that the amendments made pursu-
4 ant to section one hundred nineteen of this act shall be deemed to be
5 repealed on and after July 1, [2011] 2012;
6 S 70. Section 2 of chapter 386 of the laws of 1996, amending the
7 education law relating to providing for a waiver allowing state aid in
8 certain circumstances, as amended by chapter 2 of the laws of 2011, is
9 amended to read as follows:
10 S 2. This act shall take effect immediately, provided that the
11 provisions of this act shall be deemed to have been in full force and
12 effect on and after January 1, 1996[, and provided, further that this
13 act shall be deemed repealed on and after January 1, 2015].
14 S 71. Section 7 of chapter 472 of the laws of 1998 amending the educa-
15 tion law relating to the lease of school buses by school districts, as
16 amended by section 46 of part A of chapter 57 of the laws of 2009, is
17 amended to read as follows:
18 S 7. This act shall take effect September 1, 1998, and shall expire
19 and be deemed repealed September 1, [2011] 2013.
20 S 72. Section 12 of chapter 147 of the laws of 2001, amending the
21 education law relating to conditional appointment of school district,
22 charter school or BOCES employees, as amended by chapter 2 of the laws
23 of 2011, is amended to read as follows:
24 S 12. This act shall take effect on the same date as chapter 180 of
25 the laws of 2000 takes effect, and shall expire July 1, [2011] 2012 when
26 upon such date the provisions of this act shall be deemed repealed.
27 S 73. Section 4 of chapter 425 of the laws of 2002, amending the
28 education law relating to the provision of supplemental educational
29 services, attendance at a safe public school and the suspension of
30 pupils who bring a firearm to or possess a firearm at a school, as
31 amended by chapter 2 of the laws of 2011, is amended to read as follows:
32 S 4. This act shall take effect July 1, 2002 and shall expire and be
33 deemed repealed June 30, [2011] 2012.
34 S 74. Section 5 of chapter 101 of the laws of 2003, amending the
35 education law relating to implementation of the No Child Left Behind Act
36 of 2001, as amended by chapter 2 of the laws of 2011, is amended to read
37 as follows:
38 S 5. This act shall take effect immediately; provided that sections
39 one, two and three of this act shall expire and be deemed repealed on
40 June 30, [2011] 2012.
41 S 75. Paragraph a-1 of subdivision 11 of section 3602 of the education
42 law, as amended by section 39 of part A of chapter 57 of the laws of
43 2009, is amended to read as follows:
44 a-1. Notwithstanding the provisions of paragraph a of this subdivi-
45 sion, for aid payable in the school years two thousand--two thousand one
46 through two thousand nine--two thousand ten, AND TWO THOUSAND
47 ELEVEN--TWO THOUSAND TWELVE, the commissioner may set aside an amount
48 not to exceed two million five hundred thousand dollars from the funds
49 appropriated for purposes of this subdivision for the purpose of serving
50 persons twenty-one years of age or older who have not been enrolled in
51 any school for the preceding school year, including persons who have
52 received a high school diploma or high school equivalency diploma but
53 fail to demonstrate basic educational competencies as defined in regu-
54 lation by the commissioner, when measured by accepted standardized
55 tests, and who shall be eligible to attend employment preparation educa-
56 tion programs operated pursuant to this subdivision.
A. 4008--B 33
1 S 76. Intentionally omitted.
2 S 77. Intentionally omitted.
3 S 78. Intentionally omitted.
4 S 79. Subdivision 11 of section 94 of part C of chapter 57 of the laws
5 of 2004, relating to support of education, as amended by chapter 2 of
6 the laws of 2011, is amended to read as follows:
7 11. section seventy-one of this act shall expire and be deemed
8 repealed June 30, [2011] 2012;
9 S 80. Section 6-p of the general municipal law is amended by adding a
10 new subdivision 11 to read as follows:
11 11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
12 BOARD OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS BEEN DETERMINED UPON
13 STATE AUDIT OR IN ITS ANNUAL INDEPENDENT AUDIT TO HAVE ACCUMULATED AN
14 EXCESS IN SUCH FUND OVER THE SUM SUFFICIENT TO PAY ALL LIABILITIES
15 INCURRED OR ACCRUED AGAINST IT SHALL WITHDRAW THE AMOUNT OF SUCH EXCESS
16 AS OF THE DATE OF WITHDRAWAL AND SHALL DISTRIBUTE SUCH AMOUNT TO ITS
17 COMPONENT SCHOOL DISTRICTS IN THE SAME PROPORTION AS ADMINISTRATIVE AND
18 CAPITAL EXPENSES ARE APPORTIONED TO COMPONENT SCHOOL DISTRICTS IN THE
19 CURRENT SCHOOL YEAR, OR, AT THE REQUEST OF THE COMPONENT SCHOOL
20 DISTRICT, MAY USE SUCH AMOUNT TO OFFSET THE ADMINISTRATIVE AND CAPITAL
21 EXPENSES PAYABLE BY THE COMPONENT SCHOOL DISTRICT IN THE CURRENT SCHOOL
22 YEAR, AND SUCH AMOUNT SHALL BE NOT BE INCLUDED IN THE APPROVED COST OF
23 SERVICES COMPUTED PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN
24 HUNDRED FIFTY OF THE EDUCATION LAW. SUCH WITHDRAWAL SHALL BE MADE WITHIN
25 THIRTY DAYS AFTER THE AUDIT BECOMES FINAL OR WITHIN THIRTY DAYS AFTER
26 THIS SUBDIVISION TAKES EFFECT, WHICHEVER IS LATER.
27 S 80-a. Paragraph b of subdivision 5 of section 1950 of the education
28 law, as amended by chapter 53 of the laws of 1990, is amended to read as
29 follows:
30 b. The cost of services herein referred to shall be the amount allo-
31 cated to each component school district by the board of cooperative
32 educational services to defray expenses of such board, except that that
33 part of the salary paid any teacher, supervisor or other employee of the
34 board of cooperative educational services which is in excess of thirty
35 thousand dollars shall not be such an approved expense, and except also
36 that administrative and clerical expenses shall not exceed ten percent
37 of the total expenses for purposes of this computation. Any gifts,
38 donations or interest earned by the board of cooperative educational
39 services or on behalf of the board of cooperative educational services
40 by the dormitory authority or any other source shall not be deducted in
41 determining the cost of services allocated to each component school
42 district. ANY PAYMENTS MADE TO A COMPONENT SCHOOL DISTRICT BY THE BOARD
43 OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SUBDIVISION ELEVEN OF
44 SECTION SIX-P OF THE GENERAL MUNICIPAL LAW SHALL BE DEDUCTED FROM THE
45 COST OF SERVICES ALLOCATED TO SUCH COMPONENT SCHOOL DISTRICT. The
46 expense of transportation provided by the board of cooperative educa-
47 tional services pursuant to paragraph q of subdivision four of this
48 section shall be eligible for aid apportioned pursuant to subdivision
49 seven of section thirty-six hundred two of this chapter and no board of
50 cooperative educational services transportation expense shall be an
51 approved cost of services for the computation of aid under this subdivi-
52 sion. Transportation expense pursuant to paragraph q of subdivision four
53 of this section shall be included in the computation of the ten percent
54 limitation on administrative and clerical expenses.
55 S 81. Section 6-p of the general municipal law is amended by adding a
56 new subdivision 10 to read as follows:
A. 4008--B 34
1 10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERN-
2 ING BOARD OF A SCHOOL DISTRICT MAY, DURING THE TWO THOUSAND ELEVEN--TWO
3 THOUSAND TWELVE SCHOOL YEAR, AUTHORIZE A WITHDRAWAL FROM THIS FUND IN AN
4 AMOUNT NOT TO EXCEED THE LESSER OF: (A) THE DOLLAR VALUE OF EXCESS FUND-
5 ING IN THE FUND AS DETERMINED BY THE COMPTROLLER PURSUANT TO SECTION
6 THIRTY-THREE OF THIS CHAPTER OR (B) THE AMOUNT OF THE SCHOOL DISTRICT'S
7 GAP ELIMINATION ADJUSTMENT AS CALCULATED BY THE COMMISSIONER OF EDUCA-
8 TION PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE OF SECTION THIRTY-SIX
9 HUNDRED NINE-A OF THE EDUCATION LAW. FUNDS WITHDRAWN PURSUANT TO THIS
10 SUBDIVISION MAY ONLY BE USED FOR THE PURPOSE OF MAINTAINING EDUCATIONAL
11 PROGRAMMING DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
12 YEAR WHICH OTHERWISE WOULD HAVE BEEN REDUCED AS A RESULT OF SUCH GAP
13 ELIMINATION ADJUSTMENT. GOVERNING BOARDS WHICH MAKE SUCH A WITHDRAWAL
14 SHALL SUBMIT, IN A FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION,
15 RELEVANT INFORMATION ABOUT THE WITHDRAWAL, WHICH SHALL INCLUDE BUT NOT
16 BE LIMITED TO, THE AMOUNT OF SUCH WITHDRAWAL, THE DATE OF WITHDRAWAL,
17 AND THE USE OF SUCH WITHDRAWN FUNDS.
18 S 82. School bus driver training. In addition to apportionments other-
19 wise provided by section 3602 of the education law, for aid payable in
20 the 2011-2012 school year, the commissioner of education shall allocate
21 school bus driver training grants to school districts and boards of
22 cooperative education services pursuant to sections 3650-a, 3650-b and
23 3650-c of the education law, or for contracts directly with not-for-pro-
24 fit educational organizations for the purposes of this section. Such
25 payments shall not exceed four hundred thousand dollars ($400,000) per
26 school year.
27 S 83. Support of public libraries. The moneys appropriated for the
28 support of public libraries by the chapter of the laws of 2011 enacting
29 the local assistance budget shall be apportioned for the 2011--12 state
30 fiscal year in accordance with the provisions of sections 271, 272, 273,
31 282, 284, and 285 of the education law as amended by the provisions of
32 this chapter and the provisions of this section, provided that library
33 construction aid pursuant to section 273-a of the education law shall
34 not be payable from the appropriations for the support of public
35 libraries and provided further that no library, library system or
36 program, as defined by the commissioner of education, shall receive less
37 total system or program aid than it received for the year 2001--2002
38 except as a result of a reduction adjustment necessary to conform to the
39 appropriations for support of public libraries.
40 Notwithstanding any other provision of law to the contrary the moneys
41 appropriated for the support of public libraries for the year 2011--2012
42 by a chapter of the laws of 2011 enacting the local assistance budget
43 shall fulfill the state's obligation to provide such aid and, pursuant
44 to a plan developed by the commissioner of education and approved by the
45 director of the budget, the aid payable to libraries and library systems
46 pursuant to such appropriations shall be reduced proportionately to
47 assure that the total amount of aid payable does not exceed the total
48 appropriations for such purpose.
49 S 84. Special apportionment for salary expenses. a. Notwithstanding
50 any other provision of law, upon application to the commissioner of
51 education, not sooner than the first day of the second full business
52 week of June, 2012, and not later than the last day of the third full
53 business week of June, 2012, a school district eligible for an appor-
54 tionment pursuant to section 3602 of the education law shall be eligible
55 to receive an apportionment pursuant to this section, for the school
56 year ending June 30, 2012, for salary expenses incurred between April 1
A. 4008--B 35
1 and June 30, 2012, and such apportionment shall not exceed the sum of
2 (i) the deficit reduction assessment of 1990-91 as determined by the
3 commissioner of education, pursuant to paragraph f of subdivision 1 of
4 section 3602 of the education law, as in effect through June 30, 1993,
5 plus (ii) 186 percent of such amount for a city school district in a
6 city with a population in excess of 1,000,000 inhabitants, plus (iii)
7 209 percent of such amount for a city school district in a city with a
8 population of more than 195,000 inhabitants and less than 219,000 inhab-
9 itants according to the latest federal census, plus (iv) the net gap
10 elimination adjustment for 2010--2011, as determined by the commissioner
11 of education pursuant to chapter 53 of the laws of 2010, plus (v) the
12 gap elimination adjustment for 2011-12 as determined by the commissioner
13 of education pursuant to paragraph e of subdivision 1 of section 3609-a
14 of the education law, and provided further that such apportionment shall
15 not exceed such salary expenses. Such application shall be made by a
16 school district, after the board of education or trustees have adopted a
17 resolution to do so and in the case of a city school district in a city
18 with a population in excess of 125,000 inhabitants, with the approval of
19 the mayor of such city.
20 b. The claim for an apportionment to be paid to a school district
21 pursuant to subdivision a of this section shall be submitted to the
22 commissioner of education on a form prescribed for such purpose, and
23 shall be payable upon determination by such commissioner that the form
24 has been submitted as prescribed. Such approved amounts shall be payable
25 on the same day in September of the school year following the year in
26 which application was made as funds provided pursuant to subparagraph 4
27 of paragraph b of subdivision 4 of section 92-c of the state finance
28 law, on the audit and warrant of the state comptroller on vouchers
29 certified or approved by the commissioner of education in the manner
30 prescribed by law from moneys in the state lottery fund and from the
31 general fund to the extent that the amount paid to a school district
32 pursuant to this section exceeds the amount, if any, due such school
33 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
34 section 3609-a of the education law in the school year following the
35 year in which application was made.
36 c. Notwithstanding the provisions of section 3609-a of the education
37 law, an amount equal to the amount paid to a school district pursuant to
38 subdivisions a and b of this section shall first be deducted from the
39 following payments due the school district during the school year
40 following the year in which application was made pursuant to subpara-
41 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
42 3609-a of the education law in the following order: the lottery appor-
43 tionment payable pursuant to subparagraph 2 of such paragraph followed
44 by the fixed fall payments payable pursuant to subparagraph 4 of such
45 paragraph and then followed by the district's payments to the teachers'
46 retirement system pursuant to subparagraph 1 of such paragraph, and any
47 remainder to be deducted from the individualized payments due the
48 district pursuant to paragraph b of such subdivision shall be deducted
49 on a chronological basis starting with the earliest payment due the
50 district.
51 S 85. Special apportionment for public pension accruals. a. Notwith-
52 standing any other provision of law, upon application to the commission-
53 er of education, not later than June 30, 2012, a school district eligi-
54 ble for an apportionment pursuant to section 3602 of the education law
55 shall be eligible to receive an apportionment pursuant to this section,
56 for the school year ending June 30, 2012 and such apportionment shall
A. 4008--B 36
1 not exceed the additional accruals required to be made by school
2 districts in the 2004-05 and 2005-06 school years associated with chang-
3 es for such public pension liabilities. The amount of such additional
4 accrual shall be certified to the commissioner of education by the pres-
5 ident of the board of education or the trustees or, in the case of a
6 city school district in a city with a population in excess of 125,000
7 inhabitants, the mayor of such city. Such application shall be made by a
8 school district, after the board of education or trustees have adopted a
9 resolution to do so and in the case of a city school district in a city
10 with a population in excess of 125,000 inhabitants, with the approval of
11 the mayor of such city.
12 b. The claim for an apportionment to be paid to a school district
13 pursuant to subdivision a of this section shall be submitted to the
14 commissioner of education on a form prescribed for such purpose, and
15 shall be payable upon determination by such commissioner that the form
16 has been submitted as prescribed. Such approved amounts shall be payable
17 on the same day in September of the school year following the year in
18 which application was made as funds provided pursuant to subparagraph
19 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
20 law, on the audit and warrant of the state comptroller on vouchers
21 certified or approved by the commissioner of education in the manner
22 prescribed by law from moneys in the state lottery fund and from the
23 general fund to the extent that the amount paid to a school district
24 pursuant to this section exceeds the amount, if any, due such school
25 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
26 section 3609-a of the education law in the school year following the
27 year in which application was made.
28 c. Notwithstanding the provisions of section 3609-a of the education
29 law, an amount equal to the amount paid to a school district pursuant to
30 subdivisions a and b of this section shall first be deducted from the
31 following payments due the school district during the school year
32 following the year in which application was made pursuant to subpara-
33 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
34 section 3609-a of the education law in the following order: the lottery
35 apportionment payable pursuant to subparagraph (2) of such paragraph
36 followed by the fixed fall payments payable pursuant to subparagraph (4)
37 of such paragraph and then followed by the district's payments to the
38 teachers' retirement system pursuant to subparagraph (1) of such para-
39 graph, and any remainder to be deducted from the individualized payments
40 due the district pursuant to paragraph b of such subdivision shall be
41 deducted on a chronological basis starting with the earliest payment due
42 the district.
43 S 86. a. Notwithstanding any other law, rule or regulation to the
44 contrary, any moneys appropriated to the state education department may
45 be suballocated to other state departments or agencies, as needed, to
46 accomplish the intent of the specific appropriations contained therein.
47 b. Notwithstanding any other law, rule or regulation to the contrary,
48 moneys appropriated to the state education department from the general
49 fund/aid to localities, local assistance account-001, shall be for
50 payment of financial assistance, as scheduled, net of disallowances,
51 refunds, reimbursement and credits.
52 c. Notwithstanding any other law, rule or regulation to the contrary,
53 all moneys appropriated to the state education department for aid to
54 localities shall be available for payment of aid heretofore or hereafter
55 to accrue and may be suballocated to other departments and agencies to
56 accomplish the intent of the specific appropriations contained therein.
A. 4008--B 37
1 d. Notwithstanding any other law, rule or regulation to the contrary,
2 moneys appropriated to the state education department for general
3 support for public schools may be interchanged with any other item of
4 appropriation for general support for public schools within the general
5 fund local assistance account office of prekindergarten through grade
6 twelve education program.
7 S 87. Notwithstanding the provision of any law, rule, or regulation to
8 the contrary, the city school district of the city of Rochester, upon
9 the consent of the board of cooperative educational services of the
10 supervisory district serving its geographic region may purchase from
11 such board for the 2011-12 school year, as a non-component school
12 district, services required by article 19 of the education law.
13 S 88. The amounts specified in this section shall be a setaside from
14 the state funds which each such district is receiving from the total
15 foundation aid:
16 a. for the purpose of the development, maintenance or expansion of
17 magnet schools or magnet school programs for the two thousand eleven--
18 two thousand twelve school year. To the city school district of the city
19 of New York there shall be paid forty-eight million one hundred seven-
20 ty-five thousand dollars ($48,175,000) including five hundred thousand
21 dollars ($500,000) for the Andrew Jackson High School; to the Buffalo
22 city school district, twenty-one million twenty-five thousand dollars
23 ($21,025,000); to the Rochester city school district, fifteen million
24 dollars ($15,000,000); to the Syracuse city school district, thirteen
25 million dollars ($13,000,000); to the Yonkers city school district,
26 forty-nine million five hundred thousand dollars, ($49,500,000); to the
27 Newburgh city school district, four million six hundred forty-five thou-
28 sand dollars ($4,645,000); to the Poughkeepsie city school district, two
29 million four hundred seventy-five thousand dollars ($2,475,000); to the
30 Mount Vernon city school district, two million dollars ($2,000,000); to
31 the New Rochelle city school district, one million four hundred ten
32 thousand dollars ($1,410,000); to the Schenectady city school district,
33 one million eight hundred thousand dollars ($1,800,000); to the Port
34 Chester city school district, one million one hundred fifty thousand
35 dollars ($1,150,000); to the White Plains city school district, nine
36 hundred thousand dollars ($900,000); to the Niagara Falls city school
37 district, six hundred thousand dollars ($600,000); to the Albany city
38 school district, three million five hundred fifty thousand dollars
39 ($3,550,000); to the Utica city school district, two million dollars
40 ($2,000,000); to the Beacon city school district, five hundred sixty-six
41 thousand dollars ($566,000); to the Middletown city school district,
42 four hundred thousand dollars ($400,000); to the Freeport union free
43 school district, four hundred thousand dollars ($400,000); to the Green-
44 burgh central school district, three hundred thousand dollars
45 ($300,000); to the Amsterdam city school district, eight hundred thou-
46 sand dollars ($800,000); to the Peekskill city school district, two
47 hundred thousand dollars ($200,000); and to the Hudson city school
48 district, four hundred thousand dollars ($400,000).
49 b. notwithstanding the provisions of paragraph a of this subdivision,
50 a school district receiving a grant pursuant to this subdivision may use
51 such grant funds for: (i) any instructional or instructional support
52 costs associated with the operation of a magnet school; or (ii) any
53 instructional or instructional support costs associated with implementa-
54 tion of an alternative approach to reduction of racial isolation and/or
55 enhancement of the instructional program and raising of standards in
56 elementary and secondary schools of school districts having substantial
A. 4008--B 38
1 concentrations of minority students. The commissioner of education shall
2 not be authorized to withhold magnet grant funds from a school district
3 that used such funds in accordance with this paragraph, notwithstanding
4 any inconsistency with a request for proposals issued by such commis-
5 sioner.
6 c. for the purpose of attendance improvement and dropout prevention
7 for the two thousand eleven--two thousand twelve school year, for any
8 city school district in a city having a population of more than one
9 million, the setaside for attendance improvement and dropout prevention
10 shall equal the amount set aside in the base year. For the two thousand
11 eleven--two thousand twelve school year, it is further provided that any
12 city school district in a city having a population of more than one
13 million shall allocate at least one-third of any increase from base year
14 levels in funds set aside pursuant to the requirements of this subdivi-
15 sion to community-based organizations. Any increase required pursuant to
16 this subdivision to community-based organizations must be in addition to
17 allocations provided to community-based organizations in the base year.
18 d. for the purpose of teacher support for the two thousand eleven--two
19 thousand twelve school year: to the city school district of the city of
20 New York, sixty-two million seven hundred seven thousand dollars
21 ($62,707,000); to the Buffalo city school district, one million seven
22 hundred forty-one thousand dollars ($1,741,000); to the Rochester city
23 school district, one million seventy-six thousand dollars ($1,076,000);
24 to the Yonkers city school district, one million one hundred forty-seven
25 thousand dollars ($1,147,000); and to the Syracuse city school district,
26 eight hundred nine thousand dollars ($809,000). All funds made available
27 to a school district pursuant to this subdivision shall be distributed
28 among teachers including prekindergarten teachers and teachers of adult
29 vocational and academic subjects in accordance with this subdivision and
30 shall be in addition to salaries heretofore or hereafter negotiated or
31 made available; provided, however, that all funds distributed pursuant
32 to this section for the current year shall be deemed to incorporate all
33 funds distributed pursuant to former subdivision 27 of section 3602 of
34 the education law for prior years. In school districts where the teach-
35 ers are represented by certified or recognized employee organizations,
36 all salary increases funded pursuant to this section shall be determined
37 by separate collective negotiations conducted pursuant to the provisions
38 and procedures of article 14 of the civil service law, notwithstanding
39 the existence of a negotiated agreement between a school district and a
40 certified or recognized employee organization.
41 S 89. Severability. The provisions of this act shall be severable, and
42 if the application of any clause, sentence, paragraph, subdivision,
43 section or part of this act to any person or circumstance shall be
44 adjudged by any court of competent jurisdiction to be invalid, such
45 judgment shall not necessarily affect, impair or invalidate the applica-
46 tion of any such clause, sentence, paragraph, subdivision, section, part
47 of this act or remainder thereof, as the case may be, to any other
48 person or circumstance, but shall be confined in its operation to the
49 clause, sentence, paragraph, subdivision, section or part thereof
50 directly involved in the controversy in which such judgment shall have
51 been rendered.
52 S 90. This act shall take effect immediately; and shall be deemed to
53 have been in full force and effect on and after April 1, 2011, provided,
54 however, that:
55 1. section five of this act shall take effect immediately and shall be
56 deemed to have been in full force and effect on and after July 1, 2006;
A. 4008--B 39
1 2. sections seventy-two through seventy-four of this act shall take
2 effect immediately and shall be deemed to have been in full force and
3 effect on and after June 30, 2011;
4 3. sections three and thirty-nine of this act shall take effect imme-
5 diately and shall be deemed to have been in full force and effect on and
6 after July 1, 2010;
7 4. sections one, two, twenty-one, twenty-two, twenty-five through
8 twenty-seven, thirty-five through thirty-eight, forty-two through
9 forty-four, forty-six, fifty, sixty-four, sixty-five, sixty-six, eight-
10 y-two, eighty-seven and eighty-eight of this act shall take effect July
11 1, 2011;
12 5. the amendments to subdivision 6 of section 4402 of the education
13 law made by section fifty-eight of this act shall not affect the repeal
14 of such subdivision and shall be deemed to be repealed therewith;
15 6. section sixty-nine of this act shall take effect immediately, and
16 shall be deemed to have been in full force and effect as of the effec-
17 tive date of section 140 of chapter 82 of the laws of 1995;
18 7. section eighty-six of this act shall take effect immediately, and
19 shall be deemed to have been in full force and effect on and after April
20 1, 2010 and shall be deemed repealed on March 31, 2012;
21 8. the amendments to subdivision 21-a of section 1604 of the education
22 law made by section eight of this act shall not affect the repeal of
23 such subdivision and shall be deemed repealed therewith;
24 9. the amendments to subdivision 25 of section 1709 of the education
25 law made by section twelve of this act shall not affect the repeal of
26 such subdivision and shall be deemed repealed therewith;
27 10. the amendments to subdivision 1 of section 2856 of the education
28 law made by section twenty-one of this act shall be subject to the expi-
29 ration and reversion of such subdivision pursuant to subdivision d of
30 section 27 of chapter 378 of the laws of 2007, as amended, when upon
31 such date the provisions of section twenty-two of this act shall take
32 effect;
33 11. the amendments to section 7 of chapter 472 of the laws of 1998
34 amending the education law relating to school buses by school districts
35 made by section seventy-one of this act shall not affect the expiration
36 of such section and shall be deemed to expire therewith;
37 12. the amendments to section 12 of chapter 147 of the laws of 2001
38 amending the education law relating to conditional appointment of school
39 district, charter school or BOCES employees made by section seventy-two
40 of this act shall not affect the expiration of such section and shall be
41 deemed to expire therewith;
42 13. section seventy-three of this act shall be deemed to have been in
43 full force and effect as of June 30, 2011; and
44 14. section seventy-four of this act shall be deemed to have been in
45 full force and effect as of June 30, 2011.
46 PART A-1
47 Section 1. Subdivision 2 of section 701 of the education law, as
48 amended by section 8 of part L of chapter 405 of the laws of 1999, is
49 amended to read as follows:
50 2. A text-book, for the purposes of this section shall mean: (i) any
51 book, or a book substitute, which shall include hard covered or paper-
52 back books, work books, or manuals and (ii) for expenses incurred after
53 July first, nineteen hundred ninety-nine, any courseware or other
54 content-based instructional materials in an electronic format, as such
A. 4008--B 40
1 terms are defined in the regulations of the commissioner, which a pupil
2 is required to use as a text, or a text-substitute, in a particular
3 class or program in the school he or she legally attends. FOR EXPENSES
4 INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A TEXT-BOOK SHALL
5 ALSO MEAN ITEMS OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT
6 PURSUANT TO SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE
7 AND/OR SEVEN HUNDRED FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE
8 DESIGNATED BY THE SCHOOL DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS
9 SECTION, PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH
10 EXPENSES SHALL NOT BE AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
11 Expenditures aided pursuant to this section shall not be eligible for
12 aid pursuant to ANY OTHER section [seven hundred eleven or seven hundred
13 fifty-one] of [this chapter] LAW. Courseware or other content-based
14 instructional materials in an electronic format included in the defi-
15 nition of textbook pursuant to this subdivision shall be subject to the
16 same limitations on content as apply to books or book substitutes aided
17 pursuant to this section.
18 S 2. Subdivision 2 of section 711 of the education law, as added by
19 chapter 53 of the laws of 1985, is amended to read as follows:
20 2. School library materials, for the purposes of this article shall
21 mean both audio/visual materials and printed materials that may or may
22 not require magnification which meet all of the following criteria: (1)
23 materials which are catalogued and processed as part of the school
24 library or media center for use by elementary and/or secondary school
25 children and teachers; (2) materials which with reasonable care and use
26 may be expected to last more than one year; and (3) materials which
27 would not be eligible for aid pursuant to sections seven hundred one and
28 seven hundred fifty-one of this [chapter] TITLE. School library materi-
29 als meeting these criteria may include (i) hard cover and paperback
30 books, periodicals, that is, publications which appear at regular inter-
31 vals of less than one year on a continuing basis for an indefinite peri-
32 od, documents other than books, pamphlets, musical scores, other printed
33 and published materials, and (ii) for school year nineteen hundred
34 eighty-six--eighty-seven and thereafter, audio/visual materials includ-
35 ing films, film strips, micro-film, sound recordings, processed slides,
36 transparencies, [kinescopies] KINESCOPES, video tapes, maps, charts,
37 globes, pictorial works, including pictures and picture sets, reprod-
38 uctions, photographs, graphic works, and any other audio/visual materi-
39 als of a similar nature made.
40 S 3. Subdivision 2 of section 751 of the education law, as amended by
41 section 6 of part A of chapter 57 of the laws of 2009, is amended to
42 read as follows:
43 2. A software program, for the purposes of this article shall mean (a)
44 a computer program which a pupil is required to use as a learning aid in
45 a particular class in the school the pupil legally attends, or (b) for
46 expenses incurred after July first, two thousand nine, any content-based
47 instructional materials in an electronic format that are aligned with
48 state standards which are accessed or delivered through the internet
49 based on a subscription model. Such electronic format materials may
50 include a variety of media assets and learning tools, including video,
51 audio, images, teacher guides, and student access capabilities as such
52 terms are defined in the regulations of the commissioner. FOR EXPENSES
53 INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A SOFTWARE PROGRAM
54 SHALL ALSO MEAN ITEMS OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTION-
55 MENT PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN AND/OR
56 SEVEN HUNDRED FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED
A. 4008--B 41
1 BY THE SCHOOL DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION,
2 PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES
3 SHALL NOT BE AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
4 S 4. Subdivision 1 of section 753 of the education law, as added by
5 section 7-a of part B of chapter 57 of the laws of 2007, is amended to
6 read as follows:
7 1. In addition to any other apportionment under this chapter, a school
8 district shall be eligible for an apportionment under the provisions of
9 this section for approved expenses for (i) the purchase or lease of
10 micro and/or mini computer equipment or terminals for instructional
11 purposes or (ii) technology equipment, as defined in paragraph c of
12 subdivision two of this section, used for instructional purposes, or
13 (iii) for the repair of such equipment and training and staff develop-
14 ment for instructional purposes as provided hereinafter, OR (IV) FOR
15 EXPENSES INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, ANY ITEMS
16 OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO
17 SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN AND/OR SEVEN HUNDRED
18 FIFTY-ONE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED BY THE SCHOOL
19 DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED, HOWEV-
20 ER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL NOT BE
21 AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW. Such aid shall be
22 provided pursuant to a plan developed by the district which demonstrates
23 to the satisfaction of the commissioner that the instructional computer
24 hardware needs of the district's public school students have been
25 adequately met and that the school district has provided for the loan of
26 instructional computer hardware to students legally attending nonpublic
27 schools pursuant to section seven hundred fifty-four of this article.
28 The apportionment shall equal the lesser of such approved expense in the
29 base year or, the product of (i) the technology factor, (ii) the sum of
30 the public school district enrollment and the nonpublic school enroll-
31 ment in the base year as defined in subparagraphs two and three of para-
32 graph n of subdivision one of section thirty-six hundred two of this
33 chapter, and (iii) the building aid ratio, as defined in subdivision
34 four of section thirty-six hundred two of this chapter. For aid payable
35 in the two thousand seven--two thousand eight school year and thereaft-
36 er, the technology factor shall be twenty-four dollars and twenty cents.
37 A school district may use up to twenty percent of the product of (i) the
38 technology factor, (ii) the sum of the public school district enrollment
39 and the nonpublic school enrollment in the base year as defined in
40 subparagraphs two and three of paragraph n of subdivision one of section
41 thirty-six hundred two of this chapter, and (iii) the building aid ratio
42 for the repair of instructional computer hardware and technology equip-
43 ment and training and staff development for instructional purposes
44 pursuant to a plan submitted to the commissioner.
45 S 5. This act shall take effect April 1, 2011.
46 PART B
47 Section 1. Section 3641 of the education law is amended by adding a
48 new subdivision 5 to read as follows:
49 5. SCHOOL DISTRICT MANAGEMENT EFFICIENCY AWARDS PROGRAM. A. WITHIN
50 THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A PLAN DEVELOPED IN
51 CONSULTATION WITH THE SECRETARY OF STATE AND APPROVED BY THE DIRECTOR OF
52 THE BUDGET, THE COMMISSIONER SHALL AWARD COMPETITIVE GRANTS PURSUANT TO
53 THIS SUBDIVISION FOR ACHIEVING SCHOOL DISTRICT MANAGEMENT EFFICIENCIES.
A. 4008--B 42
1 (1) SUCH PLAN SHALL INCLUDE BUT NOT BE LIMITED TO: THE PROCESS BY
2 WHICH A REQUEST FOR PROPOSALS IS DEVELOPED; THE SCORING RUBRIC BY WHICH
3 SUCH PROPOSALS WILL BE EVALUATED; THE FORM AND MANNER BY WHICH APPLICA-
4 TIONS WILL BE SUBMITTED; THE MANNER BY WHICH CALCULATION OF THE AMOUNT
5 OF THE AWARD WAS DETERMINED, INCLUDING ESTABLISHING BENCHMARKS BASED ON
6 ACTUAL COST SAVINGS THAT MUST BE MET BEFORE ANY AWARDS ARE PAID; AND THE
7 TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS TO ENSURE THAT
8 GRANTS WILL BE FIRST AWARDED DURING THE TWO THOUSAND ELEVEN--TWO THOU-
9 SAND TWELVE SCHOOL YEAR.
10 (2) THE COMMISSIONER SHALL BE AUTHORIZED, CONSISTENT WITH THE PLAN
11 REQUIRED BY THIS PARAGRAPH, TO PROMULGATE RULES AND REGULATIONS NECES-
12 SARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
13 B. A RESPONSE TO A REQUEST FOR PROPOSALS ISSUED PURSUANT TO THIS
14 SUBDIVISION MAY BE SUBMITTED BY A SCHOOL DISTRICT OR JOINTLY BY TWO OR
15 MORE SCHOOL DISTRICTS WHO HAVE DEMONSTRATED TO THE SATISFACTION OF THE
16 COMMISSIONER THAT:
17 (1) ONE OR MORE LONG TERM EFFICIENCIES OR OTHER COST SAVINGS MEASURES
18 THAT HAVE NOT AND WILL NOT RESULT IN AN INCREASE IN COST TO THE STATE OR
19 LOCALITY, OTHER THAN SHORT TERM IMPLEMENTATION COSTS, HAVE BEEN OR WILL
20 BE IMPLEMENTED;
21 (2) SUCH EFFICIENCIES HAVE BEEN IMPLEMENTED WITHIN THREE YEARS PRIOR
22 TO A RESPONSE TO A REQUEST FOR PROPOSALS ISSUED PURSUANT TO THIS SUBDI-
23 VISION OR WILL BE IMPLEMENTED IN THE CURRENT SCHOOL YEAR OR THE SUCCEED-
24 ING SCHOOL YEAR;
25 (3) SUCH EFFICIENCIES HAVE RESULTED OR WILL RESULT IN A SIGNIFICANT
26 REDUCTION IN EXPENSES COMPARED TO THE SCHOOL YEAR PRIOR TO IMPLEMENTING
27 SUCH EFFICIENCIES, IN THE ADMINISTRATIVE COMPONENT, OR THE EQUIVALENT,
28 OF THE SCHOOL DISTRICT BUDGET, IN TRANSPORTATION OPERATING EXPENSES, IN
29 TRANSPORTATION CAPITAL EXPENSES, AND/OR IN OTHER NON-PERSONAL SERVICE
30 COSTS INCLUDED IN THE PROGRAM COMPONENT OF THE SCHOOL DISTRICT BUDGET,
31 OR THE EQUIVALENT;
32 (4) SUCH EFFICIENCIES ARE EXPECTED TO RESULT IN SUBSTANTIAL AND
33 SUSTAINABLE COST SAVINGS IN FUTURE YEARS; AND
34 (5) IF TWO OR MORE SCHOOL DISTRICTS ARE APPLYING JOINTLY, AND HAVE
35 ENTERED A SHARED SERVICES AGREEMENT AS AUTHORIZED BY LAW, THAT SIGNIF-
36 ICANT SAVINGS WOULD RESULT FROM SUCH SHARED SERVICES; PROVIDED THAT IN
37 NO EVENT SHALL DISTRICTS THAT HAVE ENTERED INTO AN AIDABLE COOPERATIVE
38 EDUCATIONAL SERVICES AGREEMENT FOR ANY SUCH SERVICES WITH A BOARD OF
39 COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION NINETEEN HUNDRED
40 FIFTY OF THIS CHAPTER BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
41 SION FOR THE SAME PURPOSE, BUT MAY BE ELIGIBLE FOR AN AWARD PURSUANT TO
42 THIS SUBDIVISION FOR ANOTHER SHARED LONG TERM EFFICIENCY OR COST SAVING
43 MEASURE. PROVIDED HOWEVER, A DISTRICT WHICH HAS RECEIVED AN AWARD
44 PURSUANT TO THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM AUTHORIZED BY
45 SUBDIVISION TEN OF SECTION FIFTY-FOUR OF THE STATE FINANCE LAW, SHALL
46 NOT BE ELIGIBLE TO RECEIVE AN AWARD PURSUANT TO THIS SUBDIVISION FOR THE
47 SAME PURPOSE BUT MAY BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
48 SION FOR ANOTHER LONG TERM EFFICIENCY OR COST SAVING MEASURE.
49 D. THE COMMISSIONER SHALL GRANT PRIORITY TO APPLICATIONS THAT HAVE
50 DEMONSTRATED THAT THE LONG TERM EFFICIENCIES THAT HAVE BEEN OR WILL BE
51 IMPLEMENTED: (1) ARE INNOVATIVE IN THE MANNER THAT THE MANAGEMENT OR
52 ORGANIZATIONAL STRUCTURE MAY BE CHANGED TO GENERATE SIGNIFICANT SAVINGS
53 WHILE MAINTAINING OR IMPROVING STUDENT ACHIEVEMENT; (2) HAVE THE PARTIC-
54 IPATION OF THE TEACHERS, PARENTS AND/OR OTHER STAKEHOLDERS IN THE SCHOOL
55 DISTRICT; (3) ARE MEASURES OR STRATEGIES THAT OTHER SCHOOL DISTRICTS CAN
A. 4008--B 43
1 REPLICATE; OR (4) HAVE THE GREATEST QUANTIFIABLE SAVINGS THAT WILL BE
2 SUSTAINABLE.
3 E. A SCHOOL DISTRICT OR SCHOOL DISTRICTS SEEKING A GRANT SHALL SUBMIT
4 AN APPLICATION TO THE COMMISSIONER IN A FORM AND MANNER AND BY A DATE AS
5 PRESCRIBED BY THE COMMISSIONER. THE COMMISSIONER MAY CONSULT WITH ANY
6 OTHER STATE AGENCY ABOUT SUCH GRANTS AND EACH SUCH AGENCY SHALL COOPER-
7 ATE IN ASSISTING IN THE ANALYSIS OF GRANT APPLICATIONS.
8 F. THE COMMISSIONER SHALL APPROVE APPLICATIONS AND DISTRIBUTE AWARDS
9 TO SCHOOL DISTRICTS IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
10 SCHOOL YEAR THROUGH THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
11 SCHOOL YEAR. THE AMOUNT OF THE GRANT AWARD, INCLUDING THE MAXIMUM GRANT
12 AMOUNT AVAILABLE TO ANY DISTRICT OR DISTRICTS, SHALL BE DETERMINED BY
13 THE COMMISSIONER, CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO PARA-
14 GRAPH A OF THIS SUBDIVISION PROVIDED THAT THE AMOUNT OF SUCH AWARDS
15 SHALL BE BASED UPON THE SIZE OF THE DISTRICT OR SCHOOL DISTRICTS MEAS-
16 URED BY PUBLIC SCHOOL ENROLLMENT OF THE DISTRICT OR DISTRICTS; PROVIDED
17 FURTHER THAT SUCH AMOUNT MAY BE ADJUSTED BASED UPON MEASURES OF DISTRICT
18 NEED.
19 S 2. Section 3641 of the education law is amended by adding a new
20 subdivision 6 to read as follows:
21 6. SCHOOL DISTRICT PERFORMANCE IMPROVEMENT AWARDS GRANT. A. WITHIN
22 THE AMOUNTS APPROPRIATED FOR SUCH PURPOSE, THE COMMISSIONER SHALL AWARD
23 COMPETITIVE GRANTS TO SCHOOL DISTRICTS PURSUANT TO THIS SUBDIVISION THAT
24 HAVE DEMONSTRATED THE MOST IMPROVED ACADEMIC ACHIEVEMENT GAINS AND
25 STUDENT OUTCOMES, OR THAT HAVE SUBMITTED A HIGH QUALITY PLAN TO IMPLE-
26 MENT STRATEGIES THAT HAVE THE MOST POTENTIAL FOR IMPROVEMENTS IN NARROW-
27 ING STUDENT ACHIEVEMENT GAPS AND INCREASING ACADEMIC PERFORMANCE IN
28 TRADITIONALLY UNDERSERVED STUDENT GROUPS.
29 B. FOR PURPOSES OF THIS SUBDIVISION:
30 "CATEGORY OF DISTRICT" MEANS:
31 (1) A HIGH-NEED LARGE CITY CATEGORY CONSISTING OF CITY SCHOOL
32 DISTRICTS HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHAB-
33 ITANTS OR MORE, PROVIDED THAT IN THE CASE OF THE CITY SCHOOL DISTRICT OF
34 THE CITY OF NEW YORK THE CHANCELLOR SHALL HAVE THE OPTION OF APPLYING ON
35 BEHALF OF ONE OR MORE COMMUNITY SCHOOL DISTRICTS AND/OR DISTRICT SEVEN-
36 TY-FIVE IN LIEU OF APPLYING ON A CITYWIDE BASIS;
37 (2) A HIGH-NEED URBAN-SUBURBAN CATEGORY AS DEFINED BY THE COMMISSIONER
38 BASED UPON THE NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL
39 DISTRICTS;
40 (3) A HIGH-NEED RURAL CATEGORY AS DEFINED BY THE COMMISSIONER BASED
41 UPON THE NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL
42 DISTRICTS;
43 (4) AN AVERAGE NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON
44 THE NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL DISTRICTS;
45 AND
46 (5) A LOW NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON THE
47 NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL DISTRICTS.
48 C. THE COMMISSIONER SHALL DEVELOP TWO COMPETITIVE REQUESTS FOR
49 PROPOSALS, BOTH TO BE ISSUED ON OR BEFORE OCTOBER FIRST, TWO THOUSAND
50 ELEVEN AND SHALL ENSURE THAT GRANTS WILL FIRST BE AWARDED PURSUANT TO
51 THIS SUBDIVISION DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
52 SCHOOL YEAR.
53 1. A COMPETITIVE REQUEST FOR PROPOSALS SHALL BE DEVELOPED TO AWARD
54 GRANTS TO SCHOOL DISTRICTS THAT ARE AMONG THE SCHOOL DISTRICTS SHOWING
55 THE GREATEST GAINS IN STUDENT PERFORMANCE IN ITS CATEGORY OF DISTRICT AS
56 REFLECTED BY INCREASES IN STUDENT OUTCOME, AS WELL AS OTHER MEASURES FOR
A. 4008--B 44
1 CLOSING THE ACHIEVEMENT GAP, IMPROVING HIGH SCHOOL PERFORMANCE AND GRAD-
2 UATION RATES, AND INCREASING COLLEGE ATTENDANCE AND RETENTION RATES AS
3 COMPARED TO STUDENT PERFORMANCE IN THOSE AREAS IN THE APPLICABLE BASE-
4 LINE YEAR. THE COMMISSIONER SHALL ESTABLISH A METHODOLOGY FOR DETERMIN-
5 ING WHICH SCHOOL DISTRICTS IN EACH CATEGORY OF DISTRICT THAT APPLIES
6 HAVE SHOWN THE GREATEST ACHIEVEMENT GAINS AND USE A SCORING RUBRIC THAT
7 SHALL ALSO GIVE PRIORITY TO SCHOOL DISTRICTS THAT HAVE (A) IMPLEMENTED
8 RIGOROUS PROGRAMS TO IMPROVE MIDDLE SCHOOL STUDENT PERFORMANCE; (B)
9 NEWLY ESTABLISHED OR EXPANDED PARTICIPATION IN COLLEGE LEVEL OR EARLY
10 COLLEGE PROGRAMS; (C) SIGNIFICANTLY INCREASED COLLEGE ADMISSION RATES;
11 (D) EXEMPLARY CAREER AND TECHNICAL EDUCATION PROGRAMS WITH A RECORD OF
12 SUCCESSFUL STUDENT OUTCOMES; OR (E) OTHER INNOVATIVE AND REPLICABLE
13 STRATEGIES FOR STUDENT ACHIEVEMENT.
14 2. A COMPETITIVE REQUEST FOR PROPOSALS SHALL BE DEVELOPED TO AWARD
15 GRANTS TO SCHOOL DISTRICTS THAT HAVE A HIGH-QUALITY PLAN TO IMPLEMENT
16 STRATEGIES THAT HAVE THE MOST POTENTIAL FOR IMPROVEMENTS IN NARROWING
17 THE STUDENT ACHIEVEMENT GAP AND INCREASING ACADEMIC PERFORMANCE IN
18 TRADITIONALLY UNDERSERVED STUDENT GROUPS.
19 3. TO BE AN ELIGIBLE APPLICANT FOR THE GRANTS ISSUED PURSUANT TO THIS
20 SECTION, A SCHOOL DISTRICT MUST:
21 (I) HAVE A RACE TO THE TOP FINAL SCOPE OF WORK THAT WAS APPROVED BY
22 THE COMMISSIONER BY FEBRUARY FIFTEENTH, TWO THOUSAND ELEVEN; AND/OR
23 (II) HAVE DEMONSTRATED SATISFACTORY PROGRESS TOWARD IMPLEMENTATION, AS
24 DETERMINED BY THE COMMISSIONER, OR HAVE EXISTING PROGRAMS THAT REPLICATE
25 ELEMENTS SUCH AS HIGH QUALITY STUDENT ASSESSMENTS, USE OF DATA TO
26 IMPROVE INSTRUCTION AND STUDENT PERFORMANCE, OR THE PROVISION OF PROFES-
27 SIONAL DEVELOPMENT TO IMPROVE TEACHER PERFORMANCE.
28 4. ANY SCHOOL DISTRICT RECEIVING AN AWARD PURSUANT TO THIS SECTION
29 SHALL EXPEND GRANT FUNDS IN ACCORDANCE WITH A HIGH-QUALITY PLAN SUBMIT-
30 TED WITH ITS APPLICATION IN RESPONSE TO THE REQUEST FOR PROPOSALS. SUCH
31 PLAN MUST SPECIFY HOW SUCH FUNDS WILL BE USED TO ENHANCE THE ACTIVITIES
32 AND STRATEGIES THAT HAVE BEEN OR WILL BE IMPLEMENTED THAT HAVE BEEN
33 DEMONSTRATED TO BE EFFECTIVE IN, OR SHOW THE MOST PROMISE FOR, FURTHER
34 INCREASING STUDENT PERFORMANCE OR NARROWING THE STUDENT ACHIEVEMENT GAP
35 AND INCREASING ACADEMIC PERFORMANCE IN TRADITIONALLY UNDERSERVED STUDENT
36 GROUPS.
37 D. THE COMMISSIONER SHALL APPROVE APPLICATIONS AND DISTRIBUTE AWARDS
38 TO SCHOOL DISTRICTS IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
39 SCHOOL YEAR THROUGH THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
40 SCHOOL YEAR. AWARDS SHALL BE GRANTED UPON THE RECOMMENDATION OF A PEER
41 REVIEW PANEL CREATED BY THE COMMISSIONER AND THE COMMISSIONER SHALL
42 DETERMINE THE AMOUNT OF THE GRANT AWARD FOR EACH SCHOOL DISTRICT BASED
43 UPON THE PUBLIC SCHOOL ENROLLMENT OF THE DISTRICT; PROVIDED THAT SUCH
44 AMOUNT MAY BE ADJUSTED BASED UPON MEASURES OF DISTRICT NEED; AND
45 PROVIDED FURTHER THAT THE TOTAL GRANTS AWARDED PURSUANT TO THIS SUBDIVI-
46 SION SHALL BE DISTRIBUTED TO PREDOMINATELY BENEFIT STUDENTS HAVING THE
47 GREATEST EDUCATIONAL NEEDS, INCLUDING BUT NOT LIMITED TO:
48 1. STUDENTS WITHIN TRADITIONALLY UNDERSERVED STUDENTS GROUPS;
49 2. STUDENTS WITH LIMITED ENGLISH PROFICIENCY AND STUDENTS WHO ARE
50 ENGLISH LANGUAGE LEARNERS;
51 3. STUDENTS IN POVERTY;
52 4. STUDENTS WITH DISABILITIES; AND
53 5. STUDENTS WITH LOW ACADEMIC ACHIEVEMENT.
54 E. FOR PURPOSES OF THIS SUBDIVISION, A SCHOOL DISTRICT THAT DOES NOT
55 HAVE THE MINIMUM NUMBER OF STUDENTS SPECIFIED BY THE COMMISSIONER FOR
56 ACCOUNTABILITY PURPOSES (MINIMUM "N" SIZE) IN ONE OR MORE OF THE FIVE
A. 4008--B 45
1 SUBGROUPS, SHALL NOT BE DISQUALIFIED FROM RECEIVING A GRANT, BUT A PREF-
2 ERENCE SHALL BE GIVEN TO DISTRICTS WITHIN EACH CATEGORY OF DISTRICT WITH
3 THE HIGHEST NUMBER OF SUBGROUPS MEETING SUCH MINIMUM "N" SIZE.
4 F. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE RULES AND REGU-
5 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
6 S 3. This act shall take effect immediately.
7 PART C
8 Section 1. Article 9 of the arts and cultural affairs law is
9 REPEALED.
10 S 2. Section 97-u of the state finance law is REPEALED.
11 S 3. Subdivision 3 of section 97-zzz of the state finance law, as
12 amended by section 1 of part Q of chapter 57 of the laws of 2005, is
13 amended to read as follows:
14 3. Moneys of this account, following appropriation by the legislature,
15 shall be available to support the following agencies and programs: (a)
16 the state education department for services and expenses of the cultural
17 education program including operating expenses and capital projects and
18 the New York state summer school of the arts subject to a plan approved
19 by the commissioner of education and the director of the budget; AND (b)
20 [the New York state theatre institute subject to a plan approved by the
21 director of the budget; and (c)] the Nelson A. Rockefeller performing
22 arts center corporation subject to a plan approved by the director of
23 the budget.
24 S 4. Paragraph (w) of subdivision 1 of section 17 of the public offi-
25 cers law, as added by chapter 131 of the laws of 2010, is REPEALED.
26 S 5. Notwithstanding any inconsistent provision of law, all rights,
27 property and liabilities previously held by the entity formerly referred
28 to as the New York State Theatre Institute Corporation, as established
29 in chapter 824 of the laws of 1992, and as repealed in this act, shall
30 pass to and be vested within the office of general services.
31 S 6. Subject to the provisions of this act but notwithstanding any
32 other provision of law to the contrary, the commissioner of general
33 services is hereby authorized to transfer and convey to The Sage
34 Colleges in consideration of one dollar and upon such other conditions
35 as the commissioner may deem proper, all personal property and real
36 property that was owned by the former New York State Theatre Institute.
37 S 7. The property authorized by this act to be transferred and
38 conveyed are as follows:
39 ALL those certain buildings and their content, situate in the City of
40 Troy, Rensselaer County, State of New York, being more particularly
41 bound and described as follows:
42 BEGINNING at a point in the Northeast corner of Second and Division
43 Streets in said City and runs thence Easterly along the northerly line
44 of Division Street to the westerly line of the alley known as Franklin
45 Street; running thence northerly along the westerly line of Franklin
46 Street to the northerly line of Lot #283; running thence westerly along
47 said northerly line of said Lot #283 81 feet to the northeasterly corner
48 of the former Engine House; thence southerly along said former Engine
49 House parallel to Second Street 13.5 feet; thence westerly on a line
50 parallel to the northerly line of said lot #283 a distance of 12 feet;
51 thence southerly on a line parallel to Second Street 11.5 feet; thence
52 westerly on a line parallel to the northerly line of said Lot #283 along
53 the southerly wall of the former Engine House Building 32 feet to the
A. 4008--B 46
1 easterly line of Second Street; thence southerly along the easterly line
2 of Second Street 50 feet 10 inches to the place of beginning.
3 BEGINNING in the westerly boundary line of First Street at the center
4 of the partition wall which divides the dwelling house lately owned by
5 Eli Burritt, deceased, standing on said Lot No. 65 from the dwelling
6 house formerly owned by Ebenezer Wiswall standing partly on said lot
7 number 65 and partly on said lot number 64 at the distance of 30 feet
8 southerly from the northeast corner of said lot number 65 and running
9 thence westerly along the center of said partition wall to the west end
10 thereof and thence westerly on a line parallel with the north boundary
11 line of lot number 65 at a distance of 30 feet southerly therefrom the
12 alley in the rear of said lot, thence southerly on the east boundary
13 line of said alley 30 feet, thence easterly on line running parallel
14 with the division line between said lot number 64 and lot number 63 at
15 the distance of 40 feet northerly therefrom to the center of the west
16 end of the partition wall which divides the said dwelling of said
17 Ebenezer Wiswall from the dwelling formerly owned by John P. Cushman
18 standing on said lot number 64, thence easterly along the center of said
19 partition wall last mentioned to said First Street, thence northerly
20 along the west boundary line of said First Street to the place of begin-
21 ning.
22 S 8. The descriptions in section seven of this act of the property to
23 be conveyed are not intended to be legal descriptions but are intended
24 to identify the assets to be conveyed.
25 S 9. Any assets transferred pursuant to this act shall be used prima-
26 rily for the purposes of bringing arts in education to the children and
27 young people of this state and to be used as a resource for the teaching
28 of theatrical arts and upon termination of such use title to the assets
29 so transferred shall revert to the state of New York.
30 S 10. This act shall take effect immediately.
31 PART D
32 Section 1. This act enacts into law major components of legislation
33 which are necessary to implement the state fiscal plan for the 2011-2012
34 state fiscal year. Each component is wholly contained within a Subpart
35 identified as Subparts A through C. The effective date for each partic-
36 ular provision contained within such Subparts is set forth in the last
37 section of such Subpart. Any provision in any section contained within a
38 Subpart, including the effective date of the Subpart, which makes a
39 reference to a section "of this act", when used in connection with that
40 particular component, shall be deemed to mean and refer to the corre-
41 sponding section of the Subpart in which it is found. Section three of
42 this act sets forth the general effective date of this act.
43 SUBPART A
44 Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
45 tion law, as amended by chapter 552 of the laws of 1985, is amended to
46 read as follows:
47 a. To take, hold and administer on behalf of the state university or
48 any institution therein, real and personal property or any interest
49 therein and the income thereof either absolutely or in trust for any
50 educational or other purpose within the jurisdiction and corporate
51 purposes of the state university. The trustees may acquire property for
52 such purposes by purchase, appropriation or lease and by the acceptance
A. 4008--B 47
1 of gifts, grants, bequests and devises, and, within appropriations made
2 therefor, may equip and furnish buildings and otherwise improve property
3 owned, used or occupied by the state university or any institution ther-
4 ein. THE TRUSTEES MAY ACQUIRE PROPERTY BY THE ACCEPTANCE OF CONDITIONAL
5 GIFTS, GRANTS, DEVISES OR BEQUESTS, THE PROVISIONS OF SECTION ELEVEN OF
6 THE STATE FINANCE LAW NOTWITHSTANDING. Where real property is to be
7 acquired by purchase or appropriation, such acquisition shall be in
8 accordance with the provisions of section three hundred seven of this
9 chapter except that the powers and duties in said section mentioned to
10 be performed by the commissioner [of education] shall be performed by
11 the state university trustees.
12 S 2. Subdivision 12 of section 3 of the public buildings law, as
13 amended by section 48 of part T of chapter 57 of the laws of 2007, is
14 amended to read as follows:
15 12. Lease from time to time buildings, rooms or premises in the county
16 of Albany, and elsewhere as required, for providing space for depart-
17 ments, commissions, boards and officers of the state government, upon
18 such terms and conditions as he or she deems most advantageous to the
19 state. Any such lease shall, however, be for a term not exceeding ten
20 years, but may provide for optional renewals on the part of the state,
21 for terms of ten years or less. Each such lease shall contain a clause
22 stating that the contract of the state thereunder shall be deemed execu-
23 tory only to the extent of moneys available therefor and that no liabil-
24 ity shall be incurred by the state beyond the money available for such
25 purpose. Notwithstanding the provisions of any other law, except section
26 sixteen hundred seventy-six of the public authorities law relating to
27 use of dormitory authority facilities by the aged, the commissioner of
28 general services shall have sole and exclusive authority to lease space
29 for state departments, agencies, commissions, boards and officers, OTHER
30 THAN THE STATE UNIVERSITY OF NEW YORK AT ALBANY, within the county of
31 Albany. Any buildings, rooms or premises, now or hereafter held by the
32 commissioner of general services under lease, may be sublet, in part or
33 in whole, provided that in the judgment of the commissioner, and the
34 occupying department, commission, board, and officers of the state
35 government, such buildings, rooms or premises are not for a time needed.
36 S 3. This act shall take effect immediately; provided, however, that
37 section one of this act shall expire and be deemed repealed June 30,
38 2016, and provided, further, that the amendments to subdivision 12 of
39 section 3 of the public buildings law made by section two of this act
40 shall take effect on the same date as the reversion of such subdivision
41 as provided in subdivision 4 of section 27 of chapter 95 of the laws of
42 2000, as amended.
43 SUBPART B
44 Section 1. Subdivision 5 of section 355 of the education law, as added
45 by chapter 552 of the laws of 1985, paragraph a as amended by chapter
46 682 of the laws of 2007, paragraph c as added by chapter 103 of the laws
47 of 1989, and paragraph d as added by chapter 537 of the laws of 1997, is
48 amended to read as follows:
49 5. Notwithstanding the provisions of [paragraph] SUBDIVISION two of
50 section one hundred twelve and sections one hundred fifteen, one hundred
51 sixty-one[,] AND one hundred sixty-three [and one hundred seventy-four]
52 of the state finance law and sections three and six of the New York
53 state printing and public documents law or any other law to the contra-
54 ry, the state university trustees are authorized and empowered to:
A. 4008--B 48
1 a. (i) purchase materials, equipment and supplies, including computer
2 equipment and motor vehicles[, where the amount for a single purchase
3 does not exceed twenty thousand dollars], (ii) execute contracts for
4 [services and] construction [contracts to an amount not exceeding twenty
5 thousand dollars], AND CONTRACTS FOR COMPUTER TECHNOLOGY and (iii)
6 contract for printing [to an amount not exceeding five thousand
7 dollars], without prior approval by any other state officer or agency,
8 but subject to rules and regulations of the state comptroller not other-
9 wise inconsistent with the provisions of this section and in accordance
10 with [the rules and regulations] GUIDELINES promulgated by the state
11 university board of trustees after consultation with the state comp-
12 troller[. In addition, the trustees, after consultation with the commis-
13 sioner of general services, are authorized to annually negotiate with
14 the state comptroller increases in the aforementioned dollar limits and
15 the exemption of any articles, categories of articles or commodities
16 from these limits. Rules and regulations promulgated by the state
17 university board of trustees shall, to the extent practicable, require
18 that competitive proposals be solicited for purchases, and shall include
19 requirements that purchases and contracts authorized under this section
20 be at the lowest available price, including consideration of prices
21 available through other state agencies, consistent with quality require-
22 ments, and as will best promote the public interest. Such purchases may
23 be made directly from any contractor pursuant to any contract for
24 commodities let by the office of general services or any other state
25 agency];
26 A-1. EXECUTE CONTRACTS FOR SERVICES TO AN AMOUNT NOT EXCEEDING TWENTY
27 THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR
28 AGENCY, BUT SUBJECT TO RULES AND REGULATIONS OF THE STATE COMPTROLLER
29 NOT OTHERWISE INCONSISTENT WITH THE PROVISIONS OF THIS SECTION AND IN
30 ACCORDANCE WITH THE GUIDELINES PROMULGATED BY THE STATE UNIVERSITY BOARD
31 OF TRUSTEES AFTER CONSULTATION WITH THE STATE COMPTROLLER. IN ADDITION,
32 THE TRUSTEES, AFTER CONSULTATION WITH THE COMMISSIONER OF GENERAL
33 SERVICES, ARE AUTHORIZED TO ANNUALLY NEGOTIATE WITH THE STATE COMP-
34 TROLLER INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND THE EXEMPTION
35 OF ANY ARTICLES OR CATEGORIES OF ARTICLES FROM THESE LIMITS;
36 b. [to] establish cash advance accounts for the purpose of purchasing
37 materials, supplies, or services, for cash advances for travel expenses
38 and per diem allowances, or for advance payment of wages and salary. The
39 account may be used to purchase such materials, supplies, or services
40 where the amount of a single purchase does not exceed [two hundred
41 fifty] ONE THOUSAND dollars, in accordance with such guidelines as shall
42 be prescribed by the state university trustees after consultation with
43 the state comptroller[.];
44 c. establish guidelines in consultation with the commissioner of
45 general services authorizing participation by the state university in
46 programs administered by the office of general services for the purchase
47 of available New York state food products. The commissioner of general
48 services shall provide assistance to the state university necessary to
49 enable the university to participate in these programs[.];
50 d. [(1) Award] AWARD contract extensions for campus transportation
51 without competitive bidding where such contracts were secured either
52 through competitive bidding or through evaluation of proposals [in
53 response to a request for proposals pursuant to subparagraph (2) of this
54 paragraph], however such extensions may be rejected if the amount to be
55 paid to the contractor in any year of such proposed extension fails to
56 reflect any decrease in the regional consumer price index for the New
A. 4008--B 49
1 York, New York-Northeastern, New Jersey area, based upon the index for
2 all urban consumers (CPI-U) during the preceding twelve-month period. At
3 the time of any contract extension, consideration shall be given to any
4 competitive proposal offered by a public transportation agency. Such
5 contract may be increased for each year of the contract extension by an
6 amount not to exceed the regional consumer price index increase for the
7 New York, New York-Northeastern, New Jersey area, based upon the index
8 for all urban consumers (CPI-U), during the preceding twelve-month peri-
9 od, provided it has been satisfactorily established by the contractor
10 that there has been at least an equivalent increase in the amount of his
11 cost of operation, during the period of the contract.
12 E. GUIDELINES PROMULGATED BY THE STATE UNIVERSITY BOARD OF TRUSTEES
13 SHALL, TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE
14 SOLICITED FOR PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES
15 AND CONTRACTS AUTHORIZED UNDER THIS SECTION BE AT THE LOWEST AVAILABLE
16 PRICE, INCLUDING CONSIDERATION OF PRICES AVAILABLE THROUGH OTHER STATE
17 AGENCIES, CONSISTENT WITH QUALITY REQUIREMENTS, AND AS WILL BEST PROMOTE
18 THE PUBLIC INTEREST. SUCH PURCHASES MAY BE MADE DIRECTLY FROM ANY
19 CONTRACTOR PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE OFFICE OF
20 GENERAL SERVICES OR ANY OTHER STATE AGENCY.
21 S 2. Section 355 of the education law is amended by adding two new
22 subdivisions 5-a and 5-b to read as follows:
23 5-A. A. THE CHANCELLOR OF THE STATE UNIVERSITY AND THE COMMISSIONER OF
24 THE OFFICE OF GENERAL SERVICES SHALL DEVELOP A PROTOCOL TO DETERMINE
25 WHETHER IT IS MORE ECONOMICAL AND EFFICIENT TO PURCHASE GOODS FOR THE
26 STATE UNIVERSITY SYSTEM THROUGH THE CENTRALIZED CONTRACTS OF THE OFFICE
27 OF GENERAL SERVICES THAN THROUGH A COMPETITIVE BIDDING PROCESS.
28 B. THE PROTOCOL SHALL INCLUDE A PROCESS IN WHICH THE CHANCELLOR SHALL
29 OBTAIN INFORMATION ANNUALLY FROM EACH STATE-OPERATED INSTITUTION AND
30 UNIVERSITY HEALTH SCIENCES CENTER UNDER THE JURISDICTION OF THE STATE
31 UNIVERSITY, IN SUCH DETAIL AS REQUIRED BY THE CHANCELLOR, RELATING TO
32 THE TYPE AND TOTAL AMOUNT OF GOODS, INCLUDING TECHNOLOGY PURCHASES FOR
33 NEW SOFTWARE, SYSTEMS, ENHANCEMENTS AND EQUIPMENT, THAT EACH STATE-OPER-
34 ATED INSTITUTION OR UNIVERSITY HEALTH SCIENCES CENTER PROPOSES TO
35 PURCHASE IN THE UPCOMING FISCAL YEAR.
36 C. UPON RECEIPT OF THE INFORMATION OBTAINED PURSUANT TO PARAGRAPH B OF
37 THIS SUBDIVISION, THE CHANCELLOR, PURSUANT TO THE PROTOCOL AND IF JUSTI-
38 FIED BY PRICE AND VALUE, MAY REQUIRE THE STATE-OPERATED INSTITUTION OR
39 UNIVERSITY HEALTH SCIENCES CENTER TO MAKE ITS PURCHASES THROUGH THE USE
40 OF THE CENTRALIZED CONTRACTS OF THE OFFICE OF GENERAL SERVICES.
41 5-B. A. THE STATE UNIVERSITY SHALL PROVIDE BY OCTOBER FIFTEENTH OF
42 EACH YEAR TO THE DIRECTOR OF THE DIVISION OF BUDGET, THE STATE COMP-
43 TROLLER, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
44 SENATE AND THE CHAIRS OF THE ASSEMBLY AND SENATE HIGHER EDUCATION
45 COMMITTEES A REPORT WHICH SETS FORTH WITH RESPECT TO ITS CONTRACTING
46 PROCESS THE FOLLOWING INFORMATION FOR THE PRIOR FISCAL YEAR:
47 (1) THE STATE UNIVERSITY'S PROCUREMENT GUIDELINES;
48 (2) SELECTION METHOD, INCLUDING "LOWEST PRICE", "BEST VALUE", SOLE
49 SOURCE, SINGLE SOURCE, NEGOTIATED AND EMERGENCY PROCUREMENT SUBTOTALED
50 BY STATE-OPERATED INSTITUTIONS AND UNIVERSITY HEALTH SCIENCES CENTERS
51 AND BY TYPE OF GOODS OR COMMODITY;
52 (3) NUMBER OF CONTRACTS AWARDED BY NUMBER OF BIDS AND/OR PROPOSALS AND
53 SOURCE SELECTION METHOD;
54 (4) A LISTING OF CONTRACTS BY INDIVIDUAL STATE-OPERATED INSTITUTION
55 AND UNIVERSITY HEALTH SCIENCES CENTER, INCLUDING VENDOR NAME, APPROVAL
56 DATES, DOLLAR VALUE OF SUCH CONTRACTS, INCLUDING THE TOTAL AMOUNT OF
A. 4008--B 50
1 GOODS PURCHASED THROUGH THE CENTRALIZED CONTRACTS OF THE OFFICE OF
2 GENERAL SERVICES;
3 (5) A LISTING OF THE TOTAL NUMBER AND AMOUNT OF CONTRACTS AWARDED FOR
4 THE PRIOR FISCAL YEAR AND TOTAL YEAR-TO-DATE EXPENDITURES FOR ALL
5 CONTRACTS, WITH SUBTOTALS BY CENTRAL ADMINISTRATION, AND BY INDIVIDUAL
6 STATE-OPERATED INSTITUTION AND UNIVERSITY HEALTH SCIENCES CENTER; AND
7 MAJOR CONTRACT CATEGORY INCLUDING, BUT NOT LIMITED TO, GOODS, EQUIPMENT
8 AND COMMODITIES;
9 (6) THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF SINGLE SOURCE CONTRACTS
10 AWARDED DURING THE FISCAL YEAR, AND THE PERCENTAGE THAT SUCH CONTRACTS
11 REPRESENT OF THE STATE UNIVERSITY'S TOTAL NUMBER AND TOTAL DOLLAR VALUE
12 OF CONTRACT AWARDS DURING THE REPORTING PERIOD; AND
13 (7) THE NUMBER OF CONTRACTS DISAPPROVED DURING THE FISCAL YEAR AND
14 REASONS FOR DISAPPROVAL.
15 B. THE REPORT SHALL ALSO SET FORTH ANY RECOMMENDATIONS TO IMPROVE THE
16 EFFICIENCY OF THE STATE UNIVERSITY'S PROCUREMENT PROCESS.
17 S 3. Subdivision a of section 6218 of the education law, as amended by
18 chapter 697 of the laws of 1993, is amended and a new subdivision a-1 is
19 added to read as follows:
20 a. Notwithstanding the provisions of [paragraph] SUBDIVISION two of
21 section one hundred twelve and sections one hundred fifteen, one hundred
22 sixty-one[,] AND one hundred sixty-three [and one hundred seventy-four]
23 of the state finance law and sections three and six of the New York
24 state printing and public documents law or any other law to the contra-
25 ry, the city university [trustees are] IS authorized and empowered to:
26 1. (i) purchase materials, equipment and supplies, including computer
27 equipment and motor vehicles, [where the amount for a single purchase
28 does not exceed twenty thousand dollars,] (ii) execute contracts for
29 [services to an amount not exceeding twenty thousand dollars,]
30 CONSTRUCTION, AND CONTRACTS FOR COMPUTER TECHNOLOGY and (iii) contract
31 for printing [to an amount not exceeding five thousand dollars], without
32 prior approval by any other state officer or agency, but subject to
33 rules and regulations of the state comptroller not otherwise inconsist-
34 ent with the provisions of this section and in accordance with the
35 [rules and regulations] GUIDELINES promulgated by the city university
36 board of trustees after consultation with the state comptroller. [In
37 addition, the trustees are authorized to annually negotiate with the
38 state comptroller increases in the aforementioned dollar limits and the
39 exemption of any articles, categories of articles or commodities from
40 these limits. Rules and regulations promulgated by the city university
41 board of trustees shall, to the extent practicable, require that compet-
42 itive proposals be solicited for purchases, and shall include require-
43 ments that purchases and contracts authorized under this section be at
44 the lowest possible price.]
45 2. EXECUTE CONTRACTS FOR SERVICES TO AN AMOUNT NOT EXCEEDING TWENTY
46 THOUSAND DOLLARS, WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR
47 AGENCY, BUT SUBJECT TO RULES AND REGULATIONS OF THE STATE COMPTROLLER
48 NOT OTHERWISE INCONSISTENT WITH THE PROVISIONS OF THIS SECTION AND IN
49 ACCORDANCE WITH THE GUIDELINES PROMULGATED BY THE CITY BOARD OF TRUSTEES
50 AFTER CONSULTATION WITH THE STATE COMPTROLLER. IN ADDITION, THE TRUSTEES
51 ARE AUTHORIZED TO ANNUALLY NEGOTIATE WITH THE STATE COMPTROLLER
52 INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND THE EXEMPTION OF ANY
53 ARTICLES OR CATEGORIES OF ARTICLES FROM THESES LIMITS.
54 A-1. GUIDELINES PROMULGATED BY THE CITY UNIVERSITY BOARD OF TRUSTEES
55 SHALL, TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE
56 SOLICITED FOR PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES
A. 4008--B 51
1 AND CONTRACTS AUTHORIZED UNDER THIS SECTION BE AT THE LOWEST POSSIBLE
2 PRICE.
3 S 4. Section 6218 of the education law is amended by adding a new
4 subdivision i to read as follows:
5 I. (I) THE CITY UNIVERSITY SHALL PROVIDE BY OCTOBER FIFTEENTH OF EACH
6 YEAR TO THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE STATE COMP-
7 TROLLER, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
8 SENATE AND THE CHAIRS OF THE ASSEMBLY AND SENATE HIGHER EDUCATION
9 COMMITTEES A REPORT WHICH SETS FORTH WITH RESPECT TO ITS CONTRACTING
10 PROCESS THE FOLLOWING INFORMATION FOR THE PRIOR FISCAL YEAR:
11 1. THE CITY UNIVERSITY'S PROCUREMENT GUIDELINES;
12 2. SELECTION METHOD, INCLUDING "LOWEST PRICE", "BEST VALUE", SOLE
13 SOURCE, SINGLE SOURCE, NEGOTIATED AND EMERGENCY PROCUREMENT SUBTOTALED
14 BY INDIVIDUAL SENIOR COLLEGES AND BY TYPE OF GOODS OR COMMODITY;
15 3. NUMBER OF CONTRACTS AWARDED BY NUMBER OF BIDS AND/OR PROPOSALS AND
16 SOURCE SELECTION METHOD;
17 4. A LISTING OF THE CONTRACTS BY INDIVIDUAL SENIOR COLLEGES, INCLUDING
18 VENDOR NAME, APPROVAL DATES, DOLLAR VALUE OF SUCH CONTRACTS;
19 5. A LISTING OF THE TOTAL NUMBER AND AMOUNT OF CONTRACTS AWARDED FOR
20 THE PRIOR FISCAL YEAR AND TOTAL YEAR-TO-DATE EXPENDITURES FOR ALL
21 CONTRACTS, WITH SUBTOTALS BY CENTRAL ADMINISTRATION, AND BY INDIVIDUAL
22 SENIOR COLLEGES; AND MAJOR CONTRACT CATEGORY INCLUDING, BUT NOT LIMITED
23 TO, GOODS, EQUIPMENT AND COMMODITIES;
24 6. THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF SINGLE SOURCE CONTRACTS
25 AWARDED DURING THE FISCAL YEAR, AND THE PERCENTAGE THAT SUCH CONTRACTS
26 REPRESENT OF THE CITY UNIVERSITY'S TOTAL NUMBER AND TOTAL DOLLAR VALUE
27 OF CONTRACT AWARDS DURING THE REPORTING PERIOD; AND
28 7. THE NUMBER OF CONTRACTS DISAPPROVED DURING THE FISCAL YEAR AND
29 REASONS FOR DISAPPROVAL.
30 (II) THE REPORT SHALL SET FORTH ANY RECOMMENDATIONS TO IMPROVE THE
31 EFFICIENCY OF THE CITY UNIVERSITY'S PROCUREMENT PROCESS.
32 S 5. This act shall take effect immediately and shall expire and be
33 deemed repealed June 30, 2016; provided, however, that section three of
34 this act shall take effect on the one hundred twentieth day after it
35 shall have become a law.
36 SUBPART C
37 Section 1. Subdivision 16 of section 355 of the education law, as
38 added by chapter 363 of the laws of 1998, is amended to read as follows:
39 16. Subject to laws and regulations applicable to the state university
40 as a health care provider the state university trustees may:
41 a. Notwithstanding section one hundred sixty-three of the state
42 finance law, authorize contracts for a state university health care
43 facility for participation in managed care networks and other joint and
44 cooperative arrangements with public, non-profit or business entities
45 including entering into a maximum of twenty network arrangements per
46 year, as partners, members of non-profit corporations and shareholders
47 of business corporations, and the provision of management and adminis-
48 trative services by or for state university. Any contract for the
49 provision of management services shall be subject to any provision of
50 the public health law and health regulations applicable to the state
51 university as a health care provider, including any review by the
52 commissioner of health pursuant to 10 NYCRR section 405.3(f). In addi-
53 tion, the commissioner of health shall provide for public comment within
54 thirty days of a submission of any management contract required to be
A. 4008--B 52
1 reviewed pursuant to regulation. The trustees may also authorize
2 contracts, including capitation contracts, for a state university health
3 care facility for the provision of general comprehensive and specialty
4 health care services, directly or through contract with other service
5 providers or entities, including state university employees or entities
6 comprised thereof. Contracts authorized hereunder shall be:
7 (1) consistent with trustee guidelines respecting all terms and condi-
8 tions necessary and appropriate for managed care NETWORKS and other
9 [network,] joint or cooperative arrangements, including GUIDELINES
10 GOVERNING THE AWARDING OF SUCH CONTRACTS, guidelines for comparative
11 review where appropriate, AND CONFLICT-OF-INTEREST GUIDELINES;
12 (2) subject to laws and regulations applicable to the state university
13 as a health care provider, including with respect to rates and certif-
14 icates of need; and
15 (3) subject to article fourteen of the civil service law and the
16 applicable provisions of agreements between the state and employee
17 organizations pursuant to article fourteen of the civil service law.
18 b. (1) Notwithstanding the provisions of [subdivision two of section
19 one hundred twelve of the state finance law relating to the dollar
20 threshold requiring the comptroller's approval of contracts and] SUBDI-
21 VISION TWO OF SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW RELAT-
22 ING TO THE COMPTROLLER'S APPROVAL OF CONTRACTS FOR SERVICES AND subdivi-
23 sion six of section one hundred sixty-three of the state finance law AND
24 SECTION SIXTY-THREE OF THE EXECUTIVE LAW, authorize contracts [for the
25 purchase of goods and services] for state university health care facili-
26 ties WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY:
27 [(1)] (A) for [any contract which does not exceed seventy-five thou-
28 sand dollars] THE PURCHASE OF GOODS OR SERVICES; or
29 [(2)] (B) for joint or group purchasing arrangements [which do not
30 exceed seventy-five thousand dollars without prior approval by any other
31 state, officer or agency] in accordance with procedures and requirements
32 found in paragraph a of subdivision five of this section.
33 [(3) contracts] (2) CONTRACTS authorized hereunder shall be subject to
34 article fourteen of the civil service law and the applicable provisions
35 of agreements between the state and employee organizations pursuant to
36 article fourteen of the civil service law AND SHALL BE CONSISTENT WITH
37 TRUSTEE GUIDELINES GOVERNING THE AWARDING OF SUCH CONTRACTS, COMPARATIVE
38 REVIEW WHERE APPROPRIATE, AND CONFLICT-OF-INTEREST GUIDELINES.
39 [The trustees are authorized to negotiate annually with the state
40 comptroller increases in the aforementioned dollar limits.]
41 c. Authorize contracts for the acquisition, by purchase, lease,
42 sublease, transfer of jurisdiction or otherwise, of facilities suitable
43 for the delivery of health care services and for the construction,
44 repair, maintenance, equipping, rehabilitation or improvement thereof.
45 Such contracts shall be subject to approval by the attorney general as
46 to form and by the director of the budget and the state comptroller.
47 Contracts under this paragraph shall be funded from any moneys lawfully
48 available for the expenses of the health care facilities.
49 D. THE STATE UNIVERSITY SHALL PROVIDE BY JULY FIFTEENTH OF EACH YEAR
50 TO THE DIRECTOR OF THE BUDGET AND TO THE CHAIRS OF THE SENATE FINANCE
51 COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE A REPORT WHICH SETS
52 FORTH WITH RESPECT TO CONTRACTS ENTERED INTO DURING THE PRIOR YEAR BY
53 STATE UNIVERSITY HEALTH CARE FACILITIES (1) THE AMOUNT, PURPOSE, AND
54 DURATION OF CONTRACTS AND ARRANGEMENTS ENTERED INTO PURSUANT TO PARA-
55 GRAPHS A AND C OF THIS SUBDIVISION, (2) A LISTING OF CONTRACTS OVER THE
56 AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ENTERED INTO PURSUANT TO
A. 4008--B 53
1 CLAUSE (A) OF SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION, AND
2 (3) THE AMOUNT, PURPOSE AND DURATION OF CONTRACTS OVER THE AMOUNT OF TWO
3 HUNDRED FIFTY THOUSAND DOLLARS ENTERED INTO PURSUANT TO CLAUSE (B) OF
4 SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION.
5 S 2. Notwithstanding any inconsistent provision in section 8 of the
6 court of claims act, subdivision 10 of section 355 of the education law
7 or any other provision of law, a state university health care facility
8 may include in a contract authorized by paragraph a of subdivision 16 of
9 section 355 of the education law, other than a contract with state
10 employees relating to terms and conditions of their employment, a
11 provision that some or all disputes arising under or related to such
12 contract shall be resolved by binding arbitration in accordance with the
13 rules of a nationally-recognized arbitration association.
14 S 3. This act shall take effect immediately, and shall expire and be
15 deemed repealed June 30, 2016.
16 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
17 sion, section or part of this act shall be adjudged by any court of
18 competent jurisdiction to be invalid, such judgment shall not affect,
19 impair, or invalidate the remainder thereof, but shall be confined in
20 its operation to the clause, sentence, paragraph, subdivision, section
21 or part thereof directly involved in the controversy in which such judg-
22 ment shall have been rendered. It is hereby declared to be the intent of
23 the legislature that this act would have been enacted even if such
24 invalid provisions had not been included herein.
25 S 3. This act shall take effect immediately; provided, however, that
26 the applicable effective date of Subparts A through C of this act shall
27 be as specifically set forth in the last section of such Subparts.
28 PART E
29 Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of
30 paragraph a of subdivision 3 of section 667 of the education law, as
31 amended by section 1 of part B of chapter 60 of the laws of 2000, is
32 amended and a new subitem (d) is added to read as follows:
33 (c) For students first receiving aid in [the] two thousand--two thou-
34 sand one and thereafter, five thousand dollars[.]; OR
35 (D) FOR UNDERGRADUATE STUDENTS ENROLLED IN A PROGRAM OF STUDY AT A
36 NON-PUBLIC DEGREE-GRANTING INSTITUTION THAT DOES NOT OFFER A PROGRAM OF
37 STUDY THAT LEADS TO A BACCALAUREATE DEGREE, OR AT A REGISTERED NOT-FOR-
38 PROFIT BUSINESS SCHOOL QUALIFIED FOR TAX EXEMPTION UNDER SECTION
39 501(C)(3) OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME TAX PURPOSES
40 THAT DOES NOT OFFER A PROGRAM OF STUDY THAT LEADS TO A BACCALAUREATE
41 DEGREE, FOUR THOUSAND DOLLARS. PROVIDED, HOWEVER, THAT THIS SUBITEM
42 SHALL NOT APPLY TO STUDENTS ENROLLED IN A PROGRAM OF STUDY LEADING TO A
43 CERTIFICATE OR DEGREE IN NURSING.
44 S 2. This act shall take effect July 1, 2011.
45 PART F
46 Section 1. Subdivision 1 of section 663 of the education law, as
47 amended by section 1 of part F of chapter 57 of the laws of 2009, is
48 amended to read as follows:
49 1. Income defined. Except as otherwise provided in this section,
50 "income" shall be the total of the combined net taxable income and
51 income from pensions of New York state, local governments [and], the
52 federal government AND ANY PRIVATE EMPLOYER of the applicant, the appli-
A. 4008--B 54
1 cant's spouse, and the applicant's parents, INCLUDING ANY PENSION AND
2 ANNUITY INCOME EXCLUDED FOR PURPOSES OF TAXATION PURSUANT TO PARAGRAPH
3 THREE-A OF SUBSECTION (C) OF SECTION SIX HUNDRED TWELVE OF THE TAX LAW,
4 as reported in New York state income tax returns for the calendar year
5 next preceding the beginning of the school year for which application
6 for assistance is made, except that any amount received by an applicant
7 as a scholarship at an educational institution or as a fellowship grant,
8 including the value of contributed services and accommodations, shall
9 not be included within the definition of "income" for the purposes of
10 this article. The term "parent" shall include birth parents, steppar-
11 ents, adoptive parents and the spouse of an adoptive parent. Income, if
12 not a whole dollar amount, shall be assumed to be equal to the next
13 lowest whole dollar amount. Any change in the status of an applicant
14 with regard to the persons responsible for the applicant's support
15 occurring after the beginning of any semester shall not be considered to
16 change the applicant's award for that semester.
17 S 2. This act shall take effect July 1, 2011.
18 PART G
19 Section 1. Paragraphs b and c of subdivision 6 of section 661 of the
20 education law are REPEALED and two new paragraphs b and c are added to
21 read as follows:
22 B. A STUDENT WHO IS IN DEFAULT ON A STUDENT LOAN MADE UNDER ANY STAT-
23 UTORY NEW YORK STATE OR FEDERAL EDUCATION LOAN PROGRAM SHALL BE INELIGI-
24 BLE TO RECEIVE ANY AWARD OR LOAN PURSUANT TO THIS ARTICLE UNTIL THE
25 STUDENT CURES THE DEFAULT STATUS PURSUANT TO APPLICABLE LAW AND REGU-
26 LATION.
27 C. A STUDENT WHO HAS FAILED TO COMPLY WITH THE TERMS OF ANY SERVICE
28 CONDITION IMPOSED BY AN AWARD MADE PURSUANT TO THIS ARTICLE OR HAS
29 FAILED TO REPAY AN AWARD MADE PURSUANT TO THIS ARTICLE, AS REQUIRED BY
30 PARAGRAPH A OF SUBDIVISION FOUR OF SECTION SIX HUNDRED SIXTY-FIVE OF
31 THIS SUBPART, SHALL BE INELIGIBLE TO RECEIVE ANY AWARD OR LOAN PURSUANT
32 TO THIS ARTICLE SO LONG AS SUCH FAILURE TO COMPLY OR REPAY CONTINUES.
33 S 2. This act shall take effect July 1, 2011; provided that the
34 provisions of this act shall apply to any student who is in default in
35 the repayment of any student loan or under the terms of any award pursu-
36 ant to article 14 of the education law.
37 PART H
38 Section 1. Subclause 1 of clause (A) of subparagraph (i) of paragraph
39 a of subdivision 3 of section 667 of the education law, as amended by
40 section 1 of part B of chapter 60 of the laws of 2000, is amended to
41 read as follows:
42 (1) In the case of students who have not been granted an exclusion of
43 parental income or had a dependent for income tax purposes during the
44 tax year next preceding the academic year for which application is made,
45 EXCEPT FOR THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
46 INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT:
47 (a) For students first receiving aid after nineteen hundred ninety-
48 three--nineteen hundred ninety-four and before two thousand--two thou-
49 sand one, four thousand one hundred twenty-five dollars; or
50 (b) For students first receiving aid in nineteen hundred ninety-three-
51 -nineteen hundred ninety-four or earlier, three thousand five hundred
52 seventy-five dollars; or
A. 4008--B 55
1 (c) For students first receiving aid in [the] two thousand--two thou-
2 sand one and thereafter, five thousand dollars.
3 S 2. Subclause 2 of clause (A) of subparagraph (i) of paragraph a of
4 subdivision 3 of section 667 of the education law, as amended by section
5 1 of part B of chapter 60 of the laws of 2000, is amended to read as
6 follows:
7 (2) In the case of students receiving awards pursuant to subparagraph
8 (iii) of this paragraph AND THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLU-
9 SION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT.
10 (a) For students first receiving aid in nineteen hundred ninety-four
11 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
12 teen hundred ninety-six and thereafter, three thousand twenty-five
13 dollars, or
14 (b) For students first receiving aid in nineteen hundred ninety-two--
15 nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
16 teen hundred ninety-four, two thousand five hundred seventy-five
17 dollars, or
18 (c) For students first receiving aid in nineteen hundred ninety-one--
19 nineteen hundred ninety-two or earlier, two thousand four hundred fifty
20 dollars; or
21 S 3. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
22 of the education law, as amended by section 1 of part B of chapter 60 of
23 the laws of 2000, is amended to read as follows:
24 (iii) (A) For students who have been granted exclusion of parental
25 income and were single with no dependent for income tax purposes during
26 the tax year next preceding the academic year for which application is
27 made, the base amount, as determined in subparagraph (i) of this para-
28 graph, shall be reduced in relation to income as follows:
29 Amount of income Schedule of reduction
30 of base amount
31 [(A)] (1) Less than three thousand None
32 dollars
33 [(B)] (2) Three thousand dollars or Thirty-one per centum of
34 more, but not more than ten amount in excess of three
35 thousand dollars thousand dollars
36 (B) FOR THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
37 INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT, FOR INCOME TAX PURPOSES
38 DURING THE TAX YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH APPLICA-
39 TION IS MADE, THE BASE AMOUNT, AS DETERMINED IN SUBPARAGRAPH (I) OF THIS
40 PARAGRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
41 AMOUNT OF INCOME SCHEDULE OF REDUCTION
42 OF BASE AMOUNT
43 (1) LESS THAN SEVEN THOUSAND NONE
44 DOLLARS
45 (2) SEVEN THOUSAND DOLLARS OR SEVEN PER CENTUM OF EXCESS
46 MORE, BUT LESS THAN ELEVEN OVER SEVEN THOUSAND DOLLARS
47 THOUSAND DOLLARS
48 (3) ELEVEN THOUSAND DOLLARS OR TWO HUNDRED EIGHTY DOLLARS
49 MORE, BUT LESS THAN EIGHTEEN PLUS TEN PER CENTUM OF EXCESS
50 THOUSAND DOLLARS OVER ELEVEN THOUSAND DOLLARS
51 (4) EIGHTEEN THOUSAND DOLLARS OR NINE HUNDRED EIGHTY DOLLARS
A. 4008--B 56
1 MORE, BUT NOT MORE THAN FORTY PLUS TWELVE PER CENTUM OF
2 THOUSAND DOLLARS EXCESS OVER EIGHTEEN
3 THOUSAND DOLLARS
4 S 4. This act shall take effect July 1, 2011.
5 PART I
6 Section 1. Subparagraphs (i), (ii), (iii) and (iv) of paragraph c of
7 subdivision 6 of section 665 of the education law, subparagraphs (i),
8 (ii) and (iii) as added by section 3 of part E-1 of chapter 57 of the
9 laws of 2007 and subparagraph (iv) as amended by section 2 of part I of
10 chapter 57 of the laws of 2008, are amended to read as follows:
11 (i) For students first receiving aid in two thousand seven--two thou-
12 sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
13 AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
14 WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
15 thereafter, and enrolled in four-year or five-year undergraduate
16 programs whose terms are organized in semesters:
17 Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
18 Certified
19 for This
20 Payment
21 A Student Must 0 3 9 21 33 45 60 75 90 105
22 Have Accrued at
23 Least This
24 Many Credits
25 With At Least 0 1.1 1.2 1.3 2.0 2.0 2.0 2.0 2.0 2.0
26 This Grade
27 Point Average
28 (ii) For students first receiving aid in two thousand seven--two thou-
29 sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
30 AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
31 WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
32 thereafter, and enrolled in two-year undergraduate programs whose terms
33 are organized in semesters:
34 Before Being 1 2 3 4 5 6
35 Certified
36 for This
37 Payment
38 A Student 0 3 9 18 30 45
39 Must Have
40 Accrued at
41 Least This
42 Many Credits
43 With at Least 0 .5 .75 1.3 2.0 2.0
44 This Grade
45 Point Average
A. 4008--B 57
1 (iii) For students first receiving aid in two thousand seven--two
2 thousand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND
3 TEN, AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDI-
4 VISION WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT,
5 and thereafter, and enrolled in four-year or five-year undergraduate
6 programs whose terms are organized on a trimester basis:
7 Before Being 1 2 3 4 5 6 7 8
8 Certified
9 for This
10 Payment
11 A Student 0 2 4 9 17 25 33 40
12 Must Have
13 Accrued at
14 Least This
15 Many Credits
16 With At Least 0 1.1 1.1 1.2 1.2 1.3 2.0 2.0
17 This Grade
18 Point Average
19 and,
20 Before Being 9 10 11 12 13 14 15
21 Certified
22 for This
23 Payment
24 A Student 50 60 70 80 90 100 110
25 Must Have
26 Accrued at
27 Least This
28 Many Credits
29 With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0
30 This Grade
31 Point Average
32 (iv) For students first receiving aid in two thousand seven--two thou-
33 sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
34 AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
35 WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
36 thereafter, and enrolled in two-year undergraduate programs whose terms
37 are organized on a trimester basis:
38 Before Being 1 2 3 4 5 6 7 8 9
39 Certified
40 for This
41 Payment
42 A Student 0 2 4 9 15 21 30 37 45
43 Must Have
44 Accrued at
45 Least This
46 Many Credits
A. 4008--B 58
1 With At Least 0 .5 .5 .75 .75 1.3 2.0 2.0 2.0
2 This Grade
3 Point Average
4 S 2. Paragraph c of subdivision 6 of section 665 of the education law
5 is amended by adding four new subparagraphs (v), (vi), (vii) and (viii)
6 to read as follows:
7 (V) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOUSAND
8 ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
9 STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
10 IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
11 IZED IN SEMESTERS:
12 BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH 10TH
13 CERTIFIED
14 FOR THIS
15 PAYMENT
16 A STUDENT 0 6 15 27 39 51 66 81 96 111
17 MUST HAVE
18 ACCRUED AT
19 LEAST THIS
20 MANY CREDITS
21 WITH AT LEAST 0 1.5 1.8 1.8 2.0 2.0 2.0 2.0 2.0 2.0
22 THIS GRADE
23 POINT AVERAGE
24 (VI) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
25 SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
26 STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
27 IN A TWO-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED IN SEMES-
28 TERS:
29 BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH
30 CERTIFIED
31 FOR THIS
32 PAYMENT
33 A STUDENT 0 6 15 27 39 51
34 MUST HAVE
35 ACCRUED AT
36 LEAST THIS
37 MANY CREDITS
38 WITH AT LEAST 0 1.3 1.5 1.8 2.0 2.0
39 THIS GRADE
40 POINT AVERAGE
41 (VII) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
42 SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
43 STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
44 IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
45 IZED ON A TRIMESTER BASIS:
46 BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH
A. 4008--B 59
1 CERTIFIED
2 FOR THIS
3 PAYMENT
4 A STUDENT 0 4 8 14 22 30 38 46
5 MUST HAVE
6 ACCRUED AT
7 LEAST THIS
8 MANY CREDITS
9 WITH AT LEAST 0 1.1 1.5 1.5 1.8 2.0 2.0 2.0
10 THIS GRADE
11 POINT AVERAGE
12 AND,
13 BEFORE BEING 9TH 10TH 11TH 12TH 13TH 14TH 15TH
14 CERTIFIED
15 FOR THIS
16 PAYMENT
17 A STUDENT 56 66 76 86 96 106 116
18 MUST HAVE
19 ACCRUED AT
20 LEAST THIS
21 MANY CREDITS
22 WITH AT LEAST 2.0 2.0 2.0 2.0 2.0 2.0 2.0
23 THIS GRADE
24 POINT AVERAGE
25 (VIII) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
26 SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
27 STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
28 IN A TWO-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED ON A
29 TRIMESTER BASIS:
30 BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH
31 CERTIFIED
32 FOR THIS
33 PAYMENT
34 A STUDENT 0 2 6 14 22 30 38 46 54
35 MUST HAVE
36 ACCRUED AT
37 LEAST THIS
38 MANY CREDITS
39 WITH AT LEAST 0 1.0 1.3 1.5 1.5 1.8 2.0 2.0 2.0
40 THIS GRADE
41 POINT AVERAGE
42 S 3. Subdivision 6 of section 665 of the education law is amended by
43 adding a new paragraph d to read as follows:
44 D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, A STUDENT ENROLLED
45 IN A REMEDIAL PROGRAM SHALL MEAN A STUDENT (A) WHOSE SCORES ON RECOG-
46 NIZED COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED STANDARDIZED EXAM
A. 4008--B 60
1 INDICATED THE NEED FOR REMEDIATION FOR AT LEAST TWO SEMESTERS, AS CERTI-
2 FIED BY THE APPROPRIATE COLLEGE OFFICIAL AND APPROVED BY THE COMMISSION-
3 ER, OR (B) WHO WAS ENROLLED IN AT LEAST SIX SEMESTER HOURS OF NON-CREDIT
4 REMEDIAL COURSES, AS APPROVED BY THE COMMISSIONER, IN THE FIRST TERM
5 THEY RECEIVED A TUITION ASSISTANCE PROGRAM AWARD IN AN APPROVED PROGRAM;
6 OR (C) WHO IS OR WAS ENROLLED IN THE HIGHER EDUCATION OPPORTUNITY
7 PROGRAM (HEOP), THE EDUCATIONAL OPPORTUNITY PROGRAM (EOP), THE SEARCH
8 FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK), OR THE COLLEGE DISCOVERY
9 (CD) PROGRAM.
10 S 4. This act shall take effect July 1, 2011.
11 PART J
12 Section 1. Subdivision 2 of section 667 of the education law, as added
13 by chapter 83 of the laws of 1995, is amended to read as follows:
14 2. Duration. No undergraduate shall be eligible for more than four
15 academic years of study, or five academic years if the program of study
16 normally requires five years. Students enrolled in a program of remedial
17 study, approved by the commissioner in an institution of higher educa-
18 tion and intended to culminate in a degree in undergraduate study shall,
19 for purposes of this section, be considered as enrolled in a program of
20 study normally requiring five years. An undergraduate student enrolled
21 in an eligible two year program of study approved by the commissioner
22 shall be eligible for no more than three academic years of study. [No
23 graduate student shall be eligible for more than four academic years of
24 study provided, however, that no graduate student shall be eligible for
25 more than one degree program at the master's, first professional or
26 doctorate level. No student shall be eligible for a total of more than
27 the equivalent of eight years of combined undergraduate and graduate
28 study.] Any semester, quarter, or term of attendance during which a
29 student receives any award under this article, after the effective date
30 of the former scholar incentive program and prior to academic year nine-
31 teen hundred eighty-nine--nineteen hundred ninety, shall be counted
32 toward the maximum term of eligibility for tuition assistance under this
33 section, except that any semester, quarter or term of attendance during
34 which a student received an award pursuant to section six hundred
35 sixty-six of this [article] SUBPART shall be counted as one-half of a
36 semester, quarter or term, as the case may be, toward the maximum term
37 of eligibility under this section. Any semester, quarter or term of
38 attendance during which a student received an award pursuant to section
39 six hundred sixty-seven-a of this [article] SUBPART shall not be counted
40 toward the maximum term of eligibility under this section.
41 S 2. Paragraph c of subdivision 3 of section 667 of the education law
42 is REPEALED and paragraph d is relettered paragraph c.
43 S 3. Subdivision 5 of section 663 of the education law, as amended by
44 chapter 622 of the laws of 2008, is amended to read as follows:
45 5. Adjustments of income. [(a) Except for purposes of paragraphs a and
46 b of subdivision three of section six hundred sixty-seven of this part
47 if, during the academic year in which the applicant will receive an
48 award, one or more of either the parents of the applicant or other
49 dependent children of such parents, the spouse of the applicant, or one
50 or more dependent children of the applicant, in addition to the appli-
51 cant, will be in full-time attendance in an approved program, the
52 combined net taxable income determined under subdivision one of this
53 section shall be divided by the total number of the aforesaid persons
54 (including the applicant) who will be in such attendance, and the
A. 4008--B 61
1 resulting quotient shall be deemed the applicable income in determining
2 the applicant's award for such academic year.
3 (b)] In the determination of income for purposes of paragraphs a and b
4 of subdivision three of section six hundred sixty-seven of this part if,
5 during the academic year in which the applicant will receive an award,
6 one of either the parents of the applicant or other dependent child of
7 such parents, the spouse of the applicant, or one or more dependent
8 children of the applicant, in addition to the applicant, will be in
9 full-time attendance in an approved program, the combined net taxable
10 income determined under subdivision one of this section shall be reduced
11 by three thousand dollars and an additional two thousand dollars for
12 each other such person additional to the aforesaid persons (including
13 the applicant) who will be in such attendance, and the resulting amount
14 shall be deemed the applicable income in determining the applicant's
15 award for the academic year.
16 S 4. Paragraph a of subdivision 3 of section 663 of the education law,
17 as amended by chapter 62 of the laws of 1977, is amended to read as
18 follows:
19 a. In determining the amount of an award for [graduate and undergradu-
20 ate] students, the income of the parents shall be excluded if the
21 student has been emancipated from his parents.
22 S 5. The opening paragraph of subparagraph 1 of paragraph b of subdi-
23 vision 3 of section 663 of the education law, as amended by chapter 101
24 of the laws of 1992, is amended to read as follows:
25 The applicant is a student who was married on or before December thir-
26 ty-first of the calendar year prior to the beginning of the academic
27 year for which application is made or is an undergraduate student who
28 has reached the age of twenty-two on or before June thirtieth prior to
29 the academic year for which application is made [or is a graduate
30 student,] and who, during the calendar year next preceding the semester,
31 quarter or term of attendance for which application is made and at all
32 times subsequent thereto up to and including the entire period for which
33 application is made:
34 S 6. Paragraph d of subdivision 3 of section 663 of the education law,
35 as amended by chapter 62 of the laws of 1977, is amended to read as
36 follows:
37 d. Any [graduate or] undergraduate student who was allowed to exclude
38 parental income pursuant to the provisions of subdivision three of
39 section six hundred three of this chapter as they existed prior to July
40 first, nineteen hundred seventy-four may continue to exclude such income
41 for so long as he continues to comply with such provisions.
42 S 7. This act shall take effect July 1, 2011.
43 PART K
44 Section 1. Section 17 of chapter 31 of the laws of 1985, amending the
45 education law relating to regents scholarships in certain professions,
46 as amended by section 1 of part I of chapter 57 of the laws of 2008, is
47 amended to read as follows:
48 S 17. This act shall take effect immediately; provided, however, that
49 the scholarship and loan forgiveness programs established pursuant to
50 the provisions of this act shall terminate upon the granting of such
51 awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
52 PHYSICIAN LOAN FORGIVENESS PROGRAM ESTABLISHED PURSUANT TO THIS ACT
53 SHALL NOT TERMINATE UNTIL THE GRANTING OF SUCH AWARDS FOR THE 2015-16
A. 4008--B 62
1 SCHOOL YEAR, PROVIDED THAT THE FINAL DISBURSEMENT OF ANY MULTI-YEAR
2 AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
3 S 2. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on the same date and in the same
5 manner as part I of chapter 57 of the laws of 2008, takes effect.
6 PART L
7 Section 1. Section 3 of part V of chapter 57 of the laws of 2005
8 amending the education law relating to the New York state nursing facul-
9 ty loan forgiveness incentive program and the New York state nursing
10 faculty scholarship program, as added by section 4 of part D of chapter
11 63 of the laws of 2005, is amended to read as follows:
12 S 3. This act shall take effect on the same date and in the same
13 manner as Part H of [a] THIS chapter [of the laws of 2005 amending the
14 labor law and other laws relating to implementing the state fiscal plan
15 for the 2005-2006 state fiscal year, as proposed in legislative bill
16 numbers S.3667 and A.6841, takes effect]; provided that section two of
17 this act shall take effect on the same date and in the same manner as
18 Part I of [a] THIS chapter [of the laws of 2005 amending the labor law
19 and other laws relating to implementing the state fiscal plan for the
20 2005-2006 state fiscal year, as proposed in legislative bill numbers
21 S.3667 and A.6841, takes effect]; and provided further that this act
22 shall expire and be deemed repealed on June 30, [2010] 2016.
23 S 2. This act shall take effect immediately.
24 PART M
25 Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
26 2005, amending the education law and other laws relating to the social
27 worker loan forgiveness program is amended to read as follows:
28 (a) section two of this act shall expire and be deemed repealed June
29 30, [2011] 2016; and provided, further that the amendment to paragraph b
30 of subdivision 1 of section 679-c and the amendment to paragraph 2 of
31 subdivision a of section 679-d of the education law made by sections
32 three and four of this act shall not affect the repeal of such sections
33 and shall be deemed repealed therewith;
34 S 2. This act shall take effect immediately.
35 PART N
36 Section 1. Paragraph (b) of subdivision 12 of section 425 of the real
37 property tax law, as added by section 1 of part B of chapter 389 of the
38 laws of 1997, is amended and a new paragraph (d) is added to read as
39 follows:
40 (b) Procedure. The assessed value attributable to each such improperly
41 granted exemption shall be entered separately on the next ensuing tenta-
42 tive or final assessment roll. The provisions of section five hundred
43 fifty-one or five hundred fifty-three of this chapter, relating to the
44 entry by the assessor of omitted real property on a tentative or final
45 assessment roll, shall apply so far as practicable to the revocation
46 procedure, except that the tax rate to be applied to any revoked
47 exemption shall be the tax rate that was applied to the corresponding
48 assessment roll, AND THAT INTEREST SHALL THEN BE ADDED TO EACH SUCH
49 PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE HUNDRED TWENTY-FOUR-A OF
50 THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLICABLE FOR EACH MONTH OR
A. 4008--B 63
1 PORTION THEREON SINCE THE LEVY OF TAXES UPON THE ASSESSMENT ROLL OR
2 ROLLS UPON WHICH THE EXEMPTION WAS GRANTED.
3 (D) APPLICABILITY. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
4 APPLICABLE TO THE EXTENT THAT THE PRIOR EXEMPTIONS SHALL HAVE BEEN
5 RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
6 S 2. Subdivision 13 of section 425 of the real property tax law is
7 amended by adding a new paragraph (d) to read as follows:
8 (D) APPLICABILITY. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
9 APPLICABLE TO THE EXTENT THAT THE PRIOR EXEMPTIONS SHALL HAVE BEEN
10 RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
11 S 3. The real property tax law is amended by adding a new section 496
12 to read as follows:
13 S 496. VOLUNTARILY RENUNCIATION OF AN EXEMPTION. 1. A PROPERTY OWNER
14 WHO WISHES TO GIVE UP HIS OR HER CLAIM TO AN EXEMPTION ON ONE OR MORE
15 PRECEDING ASSESSMENT ROLLS MAY RENOUNCE THE EXEMPTION IN THE MANNER
16 PROVIDED BY THIS SECTION.
17 2. AN APPLICATION TO RENOUNCE AN EXEMPTION SHALL BE MADE ON A FORM
18 PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE COUNTY DIREC-
19 TOR OF REAL PROPERTY TAX SERVICES NO LATER THAN THREE YEARS AFTER THE
20 LEVY OF TAXES UPON THE ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION
21 APPEARS. THE COUNTY DIRECTOR, AFTER CONSULTING WITH THE ASSESSOR AS
22 APPROPRIATE, SHALL COMPUTE THE TOTAL AMOUNT OWED ON ACCOUNT OF THE
23 RENOUNCED EXEMPTION AS FOLLOWS:
24 (A) FOR EACH ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION APPEARS,
25 THE ASSESSED VALUE THAT WAS EXEMPTED SHALL BE MULTIPLIED BY THE TAX RATE
26 OR RATES THAT WERE APPLIED TO THAT ASSESSMENT ROLL. INTEREST SHALL THEN
27 BE ADDED TO EACH SUCH PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE
28 HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLI-
29 CABLE FOR EACH MONTH OR PORTION THEREON SINCE THE LEVY OF TAXES UPON
30 SUCH ASSESSMENT ROLL.
31 (B) THE SUM OF THE CALCULATIONS MADE PURSUANT TO PARAGRAPH (A) OF THIS
32 SUBDIVISION WITH RESPECT TO ALL OF THE ASSESSMENT ROLLS IN QUESTION
33 SHALL BE DETERMINED.
34 (C) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED TO THE SUM
35 DETERMINED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
36 3. AFTER COMPUTING THE TOTAL AMOUNT DUE ON ACCOUNT OF THE RENOUNCED
37 EXEMPTION, THE COUNTY DIRECTOR SHALL RETURN THE FORM TO THE APPLICANT
38 WITH THE TOTAL AMOUNT DUE NOTED THEREON. A COPY OF SUCH FORM SHALL BE
39 PROVIDED TO THE ASSESSOR, AND IN THE CASE OF THE STAR EXEMPTION, TO THE
40 COMMISSIONER. WITHIN FIFTEEN DAYS AFTER THE MAILING OF SUCH FORM, THE
41 APPLICANT SHALL PAY THE TOTAL AMOUNT DUE AS SHOWN THEREON TO THE COUNTY
42 TREASURER, WHO SHALL ISSUE A RECEIPT FOR SUCH PAYMENT. AFTER DEDUCTING
43 THE PROCESSING FEE, THE COUNTY TREASURER SHALL DISTRIBUTE THE AMOUNT
44 COLLECTED AMONG THE AFFECTED MUNICIPAL CORPORATIONS ACCORDING TO THE
45 TAXES AND INTEREST OWING TO EACH, PROVIDED THAT IN THE CASE OF THE STAR
46 EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
47 CLE, THE AMOUNT COLLECTED, INCLUDING INTEREST, SHALL BE PAID TO THE
48 STATE IN THE MANNER DIRECTED BY THE COMMISSIONER.
49 4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
50 WITH A POPULATION OF ONE MILLION OR MORE, AN EXEMPTION MAY BE RENOUNCED
51 ON A FORM PRESCRIBED BY THE COMMISSIONER OF FINANCE, AND THE DUTIES
52 IMPOSED BY THIS SECTION UPON THE COUNTY TREASURER SHALL BE PERFORMED BY
53 THE COMMISSIONER OF FINANCE.
54 S 4. Paragraph (e) of subdivision 3 of section 550 of the real proper-
55 ty tax law, as added by chapter 160 of the laws of 1988, is amended to
56 read as follows:
A. 4008--B 64
1 (e) an incorrect entry of a partial exemption on an assessment roll
2 for a parcel which is not eligible for such partial exemption; PROVIDED
3 THAT THE EXEMPTION HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR
4 HUNDRED NINETY-SIX OF THIS CHAPTER; or
5 S 5. Paragraph (f-1) of subdivision 1 of section 553 of the real prop-
6 erty tax law, as added by chapter 616 of the laws of 2002, is amended to
7 read as follows:
8 (f-1) an incorrect entry of a partial exemption on the immediately
9 preceding year's assessment roll for a parcel which was not eligible for
10 such exemption, provided that there has not been a transfer of title
11 subsequent to the filing of such roll AND PROVIDED FURTHER THAT THE
12 EXEMPTION HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINE-
13 TY-SIX OF THIS CHAPTER;
14 S 6. Subdivision 2 of section 1306-a of the real property tax law, as
15 added by section 16 of part B of chapter 389 of the laws of 1997, is
16 amended to read as follows:
17 2. Tax savings. (A)(I) The tax savings for each parcel receiving the
18 exemption authorized by section four hundred twenty-five of this chapter
19 shall be computed by subtracting the amount actually levied against the
20 parcel from the amount that would have been levied if not for the
21 exemption, PROVIDED HOWEVER, THAT BEGINNING WITH THE TWO THOUSAND
22 ELEVEN-TWO THOUSAND TWELVE SCHOOL YEAR, THE TAX SAVINGS APPLICABLE TO
23 ANY "PORTION" (WHICH AS USED HEREIN SHALL MEAN THAT PART OF AN ASSESSING
24 UNIT LOCATED WITHIN A SCHOOL DISTRICT) SHALL NOT EXCEED THE TAX SAVINGS
25 APPLICABLE TO THAT PORTION IN THE PRIOR SCHOOL YEAR MULTIPLIED BY ONE
26 HUNDRED TWO PERCENT, WITH THE RESULT ROUNDED TO THE NEAREST DOLLAR. THE
27 TAX SAVINGS ATTRIBUTABLE TO THE BASIC AND ENHANCED EXEMPTIONS SHALL BE
28 CALCULATED SEPARATELY. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSION-
29 ER TO CALCULATE TAX SAVINGS LIMITATIONS FOR PURPOSES OF THIS
30 SUBDIVISION.
31 (II) THE TAX SAVINGS APPLICABLE TO A PORTION FOR THE TWO THOUSAND
32 TEN-TWO THOUSAND ELEVEN SCHOOL YEAR SHALL BE DETERMINED BY MULTIPLYING
33 THE EXEMPT AMOUNT APPLICABLE TO THE PORTION FOR THE TWO THOUSAND TEN-TWO
34 THOUSAND ELEVEN SCHOOL YEAR BY THE TAX RATE APPLICABLE TO THE PORTION
35 FOR THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR, WITH SEPARATE
36 CALCULATIONS FOR THE BASIC AND ENHANCED EXEMPTIONS.
37 (III) WHERE A SCHOOL TAX RATE WAS CHANGED IN THE MIDST OF THE PRIOR
38 SCHOOL YEAR, AN ANNUALIZED SCHOOL TAX RATE SHALL BE USED FOR THIS
39 PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
40 CALCULATING THE AVERAGE OF THE TAX RATES IN EFFECT AT VARIOUS TIMES
41 DURING THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME DURING
42 WHICH THEY WERE RESPECTIVELY APPLICABLE.
43 (B) A statement shall then be placed on the tax bill for the parcel in
44 substantially the following form: "Your tax savings this year resulting
45 from the New York state school tax relief (STAR) program is $_______."
46 S 7. Section 171-u of the tax law is amended by adding a new subdivi-
47 sion 5 to read as follows:
48 (5)(A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
49 COMMISSIONER MAY ADOPT RULES PRESCRIBING A UNIFORM STATEWIDE SYSTEM OF
50 PARCEL IDENTIFICATION NUMBERS APPLICABLE TO ALL "ASSESSING UNITS", AS
51 THAT TERM IS DEFINED BY SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX
52 LAW, PROVIDED THAT NO SUCH RULE SHALL APPLY TO AN ASSESSMENT ROLL WITH A
53 TAXABLE STATUS DATE OCCURRING PRIOR TO JANUARY FIRST, TWO THOUSAND THIR-
54 TEEN.
55 (B) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, THE
56 COMMISSIONER MAY, AT HIS OR HER DISCRETION, ADOPT RULES THAT ARE APPLI-
A. 4008--B 65
1 CABLE ONLY TO "SPECIAL ASSESSING UNITS," AS THAT TERM IS DEFINED BY
2 SECTION EIGHTEEN HUNDRED ONE OF THE REAL PROPERTY TAX LAW, WHICH
3 PRESCRIBE AN ALTERNATIVE SYSTEM OF PARCEL IDENTIFICATION NUMBERS SOLELY
4 FOR SUCH SPECIAL ASSESSING UNITS.
5 S 8. This act shall take effect immediately.
6 PART O
7 Section 1. Paragraphs b and c of subdivision 1 of section 4405 of the
8 education law, paragraph b as amended and paragraph c as added by
9 section 2 of part G2 of chapter 62 of the laws of 2003, are amended to
10 read as follows:
11 b. Expenditures made by a social services district for the maintenance
12 of a child with a disability placed in a residential school WITHIN THE
13 STATE under the provisions of this article, including a child with a
14 disability placed in a special act school district by a school district
15 committee on special education pursuant to this article, or a child with
16 a disability placed in a state school under the provisions of articles
17 eighty-seven and eighty-eight of this chapter shall be subject to
18 reimbursement by the state pursuant to the provisions of subdivision ten
19 of section one hundred fifty-three of the social services law. Expendi-
20 tures shall include both direct payments and deductions from state aid
21 made by the comptroller, if any, in lieu of such direct payments.
22 c. Expenditures made by a social services district for the maintenance
23 of a child with a disability placed in a residential school WITHIN THE
24 STATE under the provisions of this article, including a child with a
25 disability placed by a school district committee on special education
26 pursuant to this article in a special act school district, or a state
27 school subject to the provisions of articles eighty-seven and eighty-
28 eight of this chapter, shall be subject to twenty percent reimbursement
29 by the child's school district of residence pursuant to the provisions
30 of subdivision ten of section one hundred fifty-three of the social
31 services law. [The] EXPENDITURES MADE BY A SOCIAL SERVICES DISTRICT FOR
32 THE MAINTENANCE OF A CHILD WITH A DISABILITY PLACED IN A RESIDENTIAL
33 SCHOOL OUTSIDE THE STATE UNDER THE PROVISIONS OF THIS ARTICLE, SHALL BE
34 SUBJECT TO FIFTY-SIX AND EIGHT HUNDRED FORTY-EIGHT THOUSANDTHS PERCENT
35 REIMBURSEMENT BY THE CHILD'S SCHOOL DISTRICT OF RESIDENCE PURSUANT TO
36 THE PROVISIONS OF SUBDIVISION TEN OF SECTION ONE HUNDRED FIFTY-THREE OF
37 THE SOCIAL SERVICES LAW. IN EITHER CASE, THE amount of such reimburse-
38 ment shall be a charge upon such school district of residence.
39 S 2. Subdivision 10 of section 153 of the social services law, as
40 amended by section 1 of part G2 of chapter 62 of the laws of 2003, is
41 amended to read as follows:
42 10. Expenditures made by a social services district for the mainte-
43 nance of children with disabilities, placed by school districts IN RESI-
44 DENTIAL SCHOOLS WITHIN THE STATE, pursuant to section forty-four hundred
45 five of the education law shall, if approved by the office of children
46 and family services, be subject to forty percent reimbursement by the
47 state and twenty percent reimbursement by school districts in accordance
48 with paragraph (c) of subdivision one of section forty-four hundred five
49 of the education law, AND EXPENDITURES MADE BY A SOCIAL SERVICES
50 DISTRICT FOR THE MAINTENANCE OF CHILDREN WITH DISABILITIES, PLACED BY
51 SCHOOL DISTRICTS IN RESIDENTIAL SCHOOLS OUTSIDE THE STATE, PURSUANT TO
52 SECTIONS FORTY-FOUR HUNDRED FIVE AND FORTY-FOUR HUNDRED SEVEN OF THE
53 EDUCATION LAW SHALL, IF APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
54 SERVICES, BE SUBJECT TO FIFTY-SIX AND EIGHT HUNDRED FORTY-EIGHT THOU-
A. 4008--B 66
1 SANDTHS PERCENT REIMBURSEMENT BY SCHOOL DISTRICTS IN ACCORDANCE WITH
2 PARAGRAPH (C) OF SUBDIVISION ONE OF SUCH SECTION FORTY-FOUR HUNDRED
3 FIVE, after first deducting therefrom any federal funds received or to
4 be received on account of such expenditures, except that in the case of
5 a student attending a state-operated school for the deaf or blind pursu-
6 ant to article eighty-seven or eighty-eight of the education law who was
7 not placed in such school by a school district such expenditures shall
8 be subject to fifty percent reimbursement by the state after first
9 deducting therefrom any federal funds received or to be received on
10 account of such expenditures and there shall be no reimbursement by
11 school districts. Such expenditures shall not be subject to the limita-
12 tions on state reimbursement contained in subdivision two of section one
13 hundred fifty-three-k of this [chapter] TITLE. In the event of the fail-
14 ure of the school district to make the maintenance payment pursuant to
15 the provisions of this subdivision, the state comptroller shall withhold
16 state reimbursement to any such school district in an amount equal to
17 the unpaid obligation for maintenance and pay over such sum to the
18 social services district upon certification of the commissioner of the
19 office of children and family services and the commissioner of education
20 that such funds are overdue and owed by such school district. The
21 commissioner of the office of children and family services, in consulta-
22 tion with the commissioner of education, shall promulgate regulations to
23 implement the provisions of this subdivision.
24 S 3. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after January 1, 2011;
26 provided, however, that the amendments to subdivision 10 of section 153
27 of the social services law made by section two of this act shall not
28 affect the expiration of such subdivision and shall expire therewith.
29 PART P
30 Intentionally omitted.
31 PART Q
32 Section 1. This act enacts into law major components of legislation
33 which are necessary to continue transforming New York's juvenile justice
34 system. Each component is wholly contained within a Subpart identified
35 as Subparts A and B. The effective date for each particular provision
36 contained within such Subpart is set forth in the last section of such
37 Subpart. Any provision in any section contained within a Subpart,
38 including the effective date of the Subpart, which makes reference to a
39 section "of this act", when used in connection with that particular
40 component, shall be deemed to mean and refer to the corresponding
41 section of the Subpart in which it is found. Section three of this act
42 sets forth the general effective date of this act.
43 SUBPART A
44 Section 1. Subdivision 15 of section 501 of the executive law is
45 amended by adding a new paragraph (e) to read as follows:
46 (E) SUBMIT A REPORT TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
47 PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, AND THE
48 MINORITY LEADER OF THE SENATE, AND THE GOVERNOR AT LEAST SIXTY DAYS
49 PRIOR TO ANY SIGNIFICANT SERVICE REDUCTIONS, PUBLIC EMPLOYEE STAFFING
50 REDUCTIONS AND/OR THE TRANSFER OF OPERATIONS TO A PRIVATE OR
A. 4008--B 67
1 NOT-FOR-PROFIT ENTITY LISTING THE SPECIFIC FACILITIES TO BE IMPACTED AND
2 DESCRIBING THE PROCESS FOR SELECTING SUCH FACILITIES, WHICH SHALL BE
3 BASED ON THE FOLLOWING NON-EXCLUSIVE LIST OF CRITERIA:
4 (I) THE LOCATION OF THE FACILITY IN REGARDS TO COSTS AND EASE OF
5 TRANSPORTATION FOR THE PLACED YOUTH AND THEIR FAMILIES;
6 (II) COMMUNITY NETWORKS AND PARTNERSHIPS THAT PROMOTE THE SOCIAL,
7 MENTAL, ECONOMIC, AND BEHAVIORAL DEVELOPMENT OF PLACED YOUTH;
8 (III) THE CONDITION OF FACILITY AND THE FEASIBILITY OF COST EFFEC-
9 TIVELY RETRO-FITTING THE TECHNOLOGY AND COMMUNICATION SYSTEMS;
10 (IV) ABILITY TO PROVIDE A SAFE, HUMANE, AND THERAPEUTIC ENVIRONMENT
11 FOR PLACED YOUTHS;
12 (V) ABILITY TO MEET THE EDUCATIONAL, MENTAL HEALTH, SUBSTANCE ABUSE,
13 AND BEHAVIORAL HEALTH TREATMENT NEEDS OF PLACED YOUTH;
14 (VI) EXCESS CAPACITY BALANCED AT ALL SECURITY LEVELS; AND
15 (VII) IMPACT ON THE WORKFORCE.
16 FINDINGS ASSOCIATED WITH EACH OF THE CRITERIA REQUIRED BY THIS PARA-
17 GRAPH SHALL BE INCLUDED IN THE REPORT.
18 S 2. This act shall take effect immediately.
19 SUBPART B
20 Section 1. Subdivision 3 of section 502 of the executive law, as added
21 by chapter 465 of the laws of 1992, is amended to read as follows:
22 3. "Detention" means the temporary care and maintenance of youth held
23 away from their homes pursuant to article three or seven of the family
24 court act, or held pending a hearing for alleged violation of the condi-
25 tions of release from [a division] AN OFFICE OF CHILDREN AND FAMILY
26 SERVICES facility or authorized agency, or held pending a hearing for
27 alleged violation of the condition of parole as a juvenile offender, or
28 held pending return to a jurisdiction other than the one in which the
29 youth is held, or held pursuant to a securing order of a criminal court
30 if the youth named therein as principal is charged as a juvenile offen-
31 der or held pending a hearing on an extension of placement or held pend-
32 ing transfer to a facility upon commitment or placement by a court. Only
33 alleged or convicted juvenile offenders who have not attained their
34 eighteenth birthday shall be subject to detention in a detention facili-
35 ty.
36 S 2. Subdivision 4, paragraphs (b) and (c) of subdivision 5 and subdi-
37 vision 7 of section 503 of the executive law, as amended by chapter 465
38 of the laws of 1992, are amended to read as follows:
39 4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall visit
40 and inspect all facilities used for detention and make periodic reports
41 of the operation and adequacy of such facilities, and the need for
42 provision of such facilities to the county executive, if there be one,
43 the county legislature and the family court judges of the county in
44 which such facilities are located, and the office of court adminis-
45 tration. The [department of social services shall cooperate with the
46 division for youth to] OFFICE SHALL make arrangements for [joint] visi-
47 tation and inspection of foster care programs certified by the [depart-
48 ment of social services] OFFICE and serving youth detained[, in cities
49 having a population of one million or more,] pursuant to article seven
50 of the family court act.
51 (b) The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may suspend
52 a certification for good cause shown. Suspension shall mean that no
53 persons coming within the provisions of article three or seven of the
54 family court act and no alleged or convicted juvenile offender may be
A. 4008--B 68
1 received for care in a detention facility, but persons already in care
2 may remain in care. The [division] OFFICE may impose such conditions in
3 the event of a suspension as it shall deem necessary and proper.
4 (c) [The division] SUCH OFFICE may revoke a certification for good
5 cause shown. Revocation shall mean that no persons coming within the
6 provisions of article three or seven of the family court act and no
7 alleged or convicted juvenile offender may be received for care nor
8 remain at the detention facility.
9 7. The person in charge of each detention facility shall keep a record
10 of all time spent in such facility for each youth in care. The detention
11 facility shall deliver a certified transcript of such record to the
12 [division] OFFICE, social services district, or other agency taking
13 custody of the youth pursuant to article three or seven of the family
14 court act, before, or at the same time as the youth is delivered to the
15 [division] OFFICE, district or other agency, as is appropriate.
16 S 3. The executive law is amended by adding a new section 529-b to
17 read as follows:
18 S 529-B. SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM. 1.
19 (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ELIGIBLE
20 EXPENDITURES BY AN ELIGIBLE MUNICIPALITY FOR SERVICES TO DIVERT YOUTH AT
21 RISK OF, ALLEGED TO BE, OR ADJUDICATED AS JUVENILE DELINQUENTS AND FOR
22 YOUTH AT RISK OF, ALLEGED TO BE, OR ADJUDICATED AS PERSONS IN NEED OF
23 SUPERVISION FROM PLACEMENT IN DETENTION OR IN RESIDENTIAL CARE SHALL BE
24 SUBJECT TO STATE REIMBURSEMENT UNDER THE SUPERVISION AND TREATMENT
25 SERVICES FOR JUVENILES PROGRAM FOR UP TO SIXTY-TWO PERCENT OF THE
26 MUNICIPALITY'S EXPENDITURES, SUBJECT TO AVAILABLE APPROPRIATIONS AND
27 EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, NOT TO
28 EXCEED THE MUNICIPALITY'S DISTRIBUTION UNDER THE SUPERVISION AND TREAT-
29 MENT SERVICES FOR JUVENILES PROGRAM.
30 (B) THE STATE FUNDS APPROPRIATED FOR THE SUPERVISION AND TREATMENT
31 SERVICES FOR JUVENILES PROGRAM SHALL BE DISTRIBUTED TO ELIGIBLE MUNICI-
32 PALITIES BY THE OFFICE OF CHILDREN AND FAMILY SERVICES BASED ON A PLAN
33 DEVELOPED BY THE OFFICE WHICH MAY CONSIDER HISTORICAL INFORMATION
34 REGARDING THE NUMBER OF YOUTH SEEN AT PROBATION INTAKE FOR AN ALLEGED
35 ACT OF DELINQUENCY, THE NUMBER OF YOUTH REMANDED TO DETENTION, THE
36 NUMBER OF JUVENILE DELINQUENTS PLACED WITH THE OFFICE, THE NUMBER OF
37 JUVENILE DELINQUENTS AND PERSONS IN NEED OF SUPERVISION PLACED IN RESI-
38 DENTIAL CARE WITH THE MUNICIPALITY, THE NUMBER OF YOUTH REFERRED TO
39 DIVERSION SERVICES PURSUANT TO SECTION SEVEN HUNDRED THIRTY-FIVE OF THE
40 FAMILY COURT ACT, THE NUMBER OF PETITIONS FILED PURSUANT TO SECTION
41 SEVEN HUNDRED THIRTY-TWO OF THE FAMILY COURT ACT, THE MUNICIPALITY'S
42 REDUCTION IN THE USE OF DETENTION AND RESIDENTIAL PLACEMENTS, AND OTHER
43 FACTORS AS DETERMINED BY THE OFFICE. SUCH PLAN DEVELOPED BY THE OFFICE
44 SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. THE
45 OFFICE IS AUTHORIZED, IN ITS DISCRETION, TO MAKE ADVANCE DISTRIBUTIONS
46 TO A MUNICIPALITY IN ANTICIPATION OF STATE REIMBURSEMENT.
47 2. AS USED IN THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A COUN-
48 TY, OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AND "SUPER-
49 VISION AND TREATMENT SERVICES FOR JUVENILES" SHALL MEAN COMMUNITY-BASED
50 SERVICES OR PROGRAMS DESIGNED TO SAFELY MAINTAIN YOUTH IN THE COMMUNITY
51 PENDING A FAMILY COURT DISPOSITION AND SERVICES OR PROGRAMS PROVIDED TO
52 YOUTH ADJUDICATED AS JUVENILE DELINQUENTS OR PERSONS IN NEED OF SUPER-
53 VISION TO PREVENT RESIDENTIAL PLACEMENT OF SUCH YOUTH OR A RETURN TO
54 PLACEMENT WHERE SUCH YOUTH HAVE BEEN RELEASED TO THE COMMUNITY FROM
55 RESIDENTIAL PLACEMENT. SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
56 MAY INCLUDE BUT ARE NOT LIMITED TO SERVICES OR PROGRAMS THAT:
A. 4008--B 69
1 (A) PROVIDE OR FACILITATE SUPPORT TO SUCH YOUTH FOR MENTAL HEALTH
2 DISORDERS, SUBSTANCE ABUSE PROBLEMS, OR LEARNING DISABILITIES THAT
3 CONTRIBUTE TO SUCH YOUTH BEING AT RISK FOR DETENTION, RESIDENTIAL PLACE-
4 MENT, OR RETURN TO DETENTION OR RESIDENTIAL PLACEMENT;
5 (B) PROVIDE TEMPORARY RESPITE CARE;
6 (C) PROVIDE FAMILY THERAPY OR SUPPORT OR EXPLORE ALTERNATE HOUSING
7 OPTIONS FOR YOUTH WHO ARE AT RISK FOR DETENTION OR PLACEMENT DUE TO THE
8 ABSENCE OF AN AVAILABLE HOME;
9 (D) PROVIDE POST-RELEASE SUPPORT WITHIN THE YOUTH'S COMMUNITY; OR
10 (E) REDUCE ARREST RATES OR RECIDIVISM.
11 3. (A) THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY SHALL DESIGNATE
12 A LEAD AGENCY FOR THE PURPOSES OF PLANNING AND ADMINISTERING THE MUNICI-
13 PALITY'S SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM. IN
14 ORDER FOR A MUNICIPALITY TO BE ELIGIBLE TO RECEIVE REIMBURSEMENT PURSU-
15 ANT TO THIS SECTION, SUCH MUNICIPALITY MUST SUBMIT AN ANNUAL PLAN TO THE
16 OFFICE OF CHILDREN AND FAMILY SERVICES DETAILING HOW THE SUPERVISION AND
17 TREATMENT SERVICES FOR JUVENILES WILL BE PROVIDED WITHIN THE MUNICI-
18 PALITY. THE MUNICIPALITY SHALL DEVELOP SUCH PLAN IN COOPERATION WITH THE
19 APPLICABLE LOCAL GOVERNMENTAL DEPARTMENTS RESPONSIBLE FOR PROBATION, LAW
20 ENFORCEMENT, DIVERSION, DETENTION, AND SOCIAL SERVICES; AND WITH THE
21 COURTS, SERVICE PROVIDERS, SCHOOLS AND YOUTH DEVELOPMENT PROGRAMS. THE
22 PLAN MUST BE APPROVED BY THE CHIEF EXECUTIVE OFFICER OF THE MUNICI-
23 PALITY, AND MUST INCLUDE:
24 (I) AN ANALYSIS THAT IDENTIFIES THE NEIGHBORHOODS OR COMMUNITIES FROM
25 WHICH THE GREATEST NUMBER OF JUVENILE DELINQUENTS AND PERSONS IN NEED OF
26 SUPERVISION ARE REMANDED TO DETENTION OR RESIDENTIALLY PLACED;
27 (II) WHERE THE USE OF DETENTION OR RESIDENTIAL PLACEMENT IN THE MUNI-
28 CIPALITY SHOWS A SIGNIFICANT RACIAL OR ETHNIC DISPROPORTIONALITY, A
29 DESCRIPTION OF HOW THE SERVICES PROPOSED FOR FUNDING WILL ADDRESS SUCH
30 DISPROPORTIONALITY;
31 (III) A DESCRIPTION OF HOW THE SERVICES AND PROGRAMS PROPOSED FOR
32 FUNDING WILL REDUCE THE NUMBER OF YOUTH FROM THE MUNICIPALITY WHO ARE
33 DETAINED AND RESIDENTIALLY PLACED; HOW SUCH SERVICES AND PROGRAMS ARE
34 FAMILY-FOCUSED; AND WHETHER SUCH SERVICES AND PROGRAMS ARE CAPABLE OF
35 BEING REPLICATED ACROSS MULTIPLE SITES;
36 (IV) A DESCRIPTION OF THE DEMONSTRATED EFFECTIVENESS OF SUCH SERVICES
37 AND PROGRAMS OR OTHER JUSTIFICATION WHY THE SERVICES AND PROGRAMS ARE
38 PROPOSED FOR FUNDING;
39 (V) PROJECTED PERFORMANCE OUTCOMES FOR SUCH SERVICES AND PROGRAMS,
40 INCLUDING AN ESTIMATE OF THE ANTICIPATED REDUCTIONS IN DETENTION UTILI-
41 ZATION AND RESIDENTIAL PLACEMENTS, AND OTHER PROJECTED POSITIVE OUTCOMES
42 FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
43 (VI) FOR EACH YEAR THAT THE MUNICIPALITY SUBMITS A PLAN AS REQUIRED BY
44 THIS SECTION, THE MUNICIPALITY MUST PROVIDE THE FOLLOWING INFORMATION
45 FOR THE MOST RECENT PRECEDING YEAR FOR WHICH SUCH MUNICIPALITY RECEIVED
46 FUNDING:
47 (A) THE NUMBER OF YOUTH WHO PARTICIPATED IN THE SERVICES AND PROGRAMS
48 FUNDED PURSUANT TO THIS SECTION; AND
49 (B) WHETHER THE SERVICES AND PROGRAMS ACHIEVED THE PROJECTED
50 REDUCTIONS IN DETENTION UTILIZATION AND RESIDENTIAL PLACEMENTS AND OTHER
51 PERFORMANCE OUTCOMES.
52 (B) A MUNICIPALITY'S PLAN SHALL BE SUBMITTED TO THE OFFICE OF CHILDREN
53 AND FAMILY SERVICES FOR REVIEW AND APPROVAL. THE OFFICE MAY APPROVE ALL
54 OR PART OF THE PLAN BASED ON THE POTENTIAL EFFECTIVENESS OF THE PLAN.
55 (I) IF THE OFFICE DOES NOT APPROVE A PLAN, THE MUNICIPALITY SHALL HAVE
56 SIXTY DAYS TO SUBMIT AN AMENDED PLAN.
A. 4008--B 70
1 (II) UPON APPROVAL OF A PLAN, THE OFFICE SHALL NOTIFY THE MUNICIPALITY
2 AND POST THE APPROVED PLAN ON THE OFFICE OF CHILDREN AND FAMILY SERVICES
3 WEBSITE.
4 (C) ANY CLAIMS SUBMITTED BY A MUNICIPALITY FOR REIMBURSEMENT FOR A
5 PARTICULAR PROGRAM YEAR FOR WHICH THE MUNICIPALITY DOES NOT RECEIVE
6 STATE REIMBURSEMENT DURING THE APPLICABLE PROGRAM YEAR MAY NOT BE
7 CLAIMED AGAINST THAT MUNICIPALITY'S DISTRIBUTION FOR ANY SUCCEEDING
8 PROGRAM YEAR. THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO
9 THE OFFICE ELECTRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE
10 OFFICE.
11 (D) ANY MUNICIPALITY SUBMITTING CLAIMS FOR REIMBURSEMENT SHALL CERTIFY
12 TO THE OFFICE THAT SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
13 PROGRAM FUNDS WERE NOT USED TO SUPPLANT OTHER STATE AND LOCAL FUNDS, AND
14 SUCH CLAIMS FOR REIMBURSEMENT ARE NOT FOR THE SAME TYPE AND LEVEL OF
15 SERVICES THAT THE MUNICIPALITY PROVIDED UNDER ANY CONTRACT IN EXISTENCE
16 ON SEPTEMBER THIRTIETH, TWO THOUSAND TEN THAT WAS FUNDED OTHER THAN
17 THROUGH THE OFFICE OF CHILDREN AND FAMILY SERVICES AS COMMUNITY OPTIONAL
18 PREVENTIVE, ALTERNATIVES TO DETENTION, ALTERNATIVES TO RESIDENTIAL
19 PLACEMENT, PREVENTIVE, INDEPENDENT LIVING, OR AFTER CARE SERVICES.
20 4. TWO OR MORE ELIGIBLE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH,
21 OPERATE AND MAINTAIN SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
22 PROGRAMS AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION THEREWITH.
23 SUCH AGREEMENTS SHALL INCLUDE PROVISIONS FOR THE PROPORTIONATE COST TO
24 BE BORNE BY EACH MUNICIPALITY AND FOR THE MANNER OF EMPLOYMENT OF
25 PERSONNEL AND MAY PROVIDE THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY
26 SHALL BE THE CUSTODIAN OF THE MONEYS MADE AVAILABLE FOR EXPENDITURE FOR
27 SUCH PURPOSES BY ALL SUCH MUNICIPALITIES AND THAT SUCH FISCAL OFFICER
28 MAY MAKE PAYMENTS THEREFROM UPON AUDIT OF THE APPROPRIATE AUDITING BODY
29 OR OFFICER OF HIS MUNICIPALITY. IN MAKING CLAIMS FOR STATE REIMBURSEMENT
30 PURSUANT TO THIS SECTION, EACH MUNICIPALITY SHALL CLAIM FOR ITS PROPOR-
31 TIONATE SHARE OF EXPENDITURES. HOWEVER, WHERE THE AGREEMENT PROVIDES FOR
32 A DISBURSING MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL CLAIM FOR
33 THE TOTAL JOINT PROGRAM EXPENDITURES MADE AND SHALL DISBURSE THE STATE
34 REIMBURSEMENT TO EACH PARTICIPATING MUNICIPALITY BASED UPON THE PROPOR-
35 TIONATE SHARE OF EACH PARTICIPATING MUNICIPALITY'S EXPENDITURES.
36 S 4. Subdivisions 1, 2, 2-a, 3 and 4 of section 530 of the executive
37 law, subdivisions 1, 3 and 4 as amended by chapter 880 of the laws of
38 1976, subdivision 2 as amended by chapter 920 of the laws of 1982,
39 subdivision 2-a as added and paragraph (a) of subdivision 4 as amended
40 by chapter 419 of the laws of 1987, the closing paragraph of subdivision
41 2-a as amended by chapter 465 of the laws of 1992 and paragraph (c) of
42 subdivision 4 as added by chapter 169 of the laws of 1994, are amended
43 to read as follows:
44 1. Definitions. As used in this section[,]: (A) the [terms "local
45 charge" and "state charge" shall have the meaning ascribed to them in
46 the social services law.] TERM "MUNICIPALITY" SHALL MEAN A COUNTY, OR A
47 CITY HAVING A POPULATION OF ONE MILLION OR MORE; AND
48 (B) "DETENTION RISK ASSESSMENT INSTRUMENT" SHALL MEAN AN EMPIRICALLY
49 VALIDATED TOOL APPROVED BY THE OFFICE AND USED ONLY FOR THE PURPOSES OF
50 INFORMING DETENTION DECISIONS AND DETERMINING REIMBURSEMENT ELIGIBILITY.
51 2. Expenditures made by [social services districts] MUNICIPALITIES in
52 providing care, maintenance and supervision to youth in detention facil-
53 ities [designated pursuant to sections seven hundred twenty-four and
54 305.2 of the family court act and certified by the division for youth,]
55 shall be subject to reimbursement by the state [upon approval by the
56 division in accordance with its regulations], as follows:
A. 4008--B 71
1 [(1) the full amount expended by the district for care, maintenance
2 and supervision of state charges;
3 (2) fifty percent of the amount expended for the care, maintenance and
4 supervision of local charges where counties conform with requirements of
5 subdivision B of section two hundred eighteen-a of the county law.
6 2-a. Expenditures made by the city of New York in providing care,
7 maintenance and supervision to youth detained pursuant to article seven
8 of the family court act in foster care facilities approved by the state
9 department of social services shall be subject to reimbursement by the
10 state upon the approval of the division, as follows:
11 (1) the full per diem rate set by the state department of social
12 services for such programs for the care, maintenance and supervision of
13 state charges;
14 (2) fifty percent of the per diem rate set by the state department of
15 social services for such programs for the care, maintenance and super-
16 vision of local charges. Notwithstanding the provisions of this subdi-
17 vision, section three hundred ninety-eight-a of the social services law
18 shall not apply to facilities certified by the division pursuant to
19 section five hundred three of this chapter.] (A) NOTWITHSTANDING ANY
20 PROVISION OF LAW TO THE CONTRARY, ELIGIBLE EXPENDITURES BY A MUNICI-
21 PALITY FOR THE CARE MAINTENANCE AND SUPERVISION IN SECURE AND NON-SECURE
22 DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
23 SERVICES IN ACCORDANCE WITH SECTION FIVE HUNDRED THREE OF THIS ARTICLE
24 PROVIDED DURING A PARTICULAR PROGRAM YEAR FOR THOSE YOUTH ALLEGED TO BE
25 JUVENILE DELINQUENTS; ADJUDICATED JUVENILE DELINQUENTS HELD PENDING
26 TRANSFER TO A FACILITY UPON PLACEMENT, AND JUVENILE DELINQUENTS HELD AT
27 THE REQUEST OF THE OFFICE OF CHILDREN AND FAMILY SERVICES PENDING EXTEN-
28 SION OF PLACEMENT HEARINGS OR RELEASE REVOCATION HEARINGS OR WHILE
29 AWAITING DISPOSITION OF SUCH HEARINGS; AND YOUTH ALLEGED TO BE OR
30 CONVICTED AS JUVENILE OFFENDERS SHALL BE SUBJECT TO STATE REIMBURSEMENT
31 FOR UP TO FIFTY PERCENT OF THE MUNICIPALITY'S EXPENDITURES, EXCLUSIVE OF
32 ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, NOT TO EXCEED THE
33 MUNICIPALITY'S DISTRIBUTION FROM FUNDS THAT HAVE BEEN APPROPRIATED
34 SPECIFICALLY THEREFOR FOR THAT PROGRAM YEAR; PROVIDED, FURTHER, HOWEVER,
35 THAT COMMENCING JANUARY FIRST, TWO THOUSAND TWELVE, REIMBURSEMENT FROM A
36 MUNICIPALITY'S DISTRIBUTION FOR YOUTH ALLEGED TO BE JUVENILE DELINQUENTS
37 SHALL ONLY BE AVAILABLE FOR THOSE YOUTH WHO HAVE BEEN ASSESSED PURSUANT
38 TO A DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF
39 CHILDREN AND FAMILY SERVICES AS HIGH RISK FOR: NOT APPEARING IN COURT ON
40 THE RETURN DATE; OR, BEFORE SUCH RETURN DATE, FOR COMMITTING AN ACT
41 WHICH IF COMMITTED BY AN ADULT WOULD CONSTITUTE A CRIME. MUNICIPALITIES
42 SHALL IMPLEMENT THE USE OF DETENTION RISK ASSESSMENT INSTRUMENTS IN A
43 MANNER PRESCRIBED BY THE OFFICE SO AS TO INFORM DETENTION DECISIONS.
44 NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A COPY
45 OF THE COMPLETED DETENTION RISK ASSESSMENT INSTRUMENT SHALL BE MADE
46 AVAILABLE TO THE COURT, THE OFFICE AND THE APPLICABLE DETENTION PROVID-
47 ER.
48 (B) THE STATE FUNDS APPROPRIATED FOR JUVENILE DETENTION SERVICES SHALL
49 BE DISTRIBUTED TO ELIGIBLE MUNICIPALITIES BY THE OFFICE OF CHILDREN AND
50 FAMILY SERVICES BASED ON A PLAN DEVELOPED BY THE OFFICE WHICH MAY
51 CONSIDER HISTORICAL INFORMATION REGARDING THE NUMBER OF YOUTH REMANDED
52 TO DETENTION, THE MUNICIPALITY'S REDUCTION IN THE USE OF DETENTION, THE
53 MUNICIPALITY'S YOUTH POPULATION, AND OTHER FACTORS AS DETERMINED BY THE
54 OFFICE. SUCH PLAN DEVELOPED BY THE OFFICE SHALL BE SUBJECT TO THE
55 APPROVAL OF THE DIRECTOR OF THE BUDGET. THE OFFICE IS AUTHORIZED, IN ITS
A. 4008--B 72
1 DISCRETION, TO MAKE ADVANCE DISTRIBUTIONS TO A MUNICIPALITY IN ANTIC-
2 IPATION OF STATE REIMBURSEMENT.
3 (C) A MUNICIPALITY MAY ALSO USE THE FUNDS DISTRIBUTED TO IT FOR JUVE-
4 NILE DETENTION SERVICES UNDER THIS SECTION FOR A PARTICULAR PROGRAM YEAR
5 FOR FIFTY PERCENT STATE REIMBURSEMENT FOR SUPERVISION AND TREATMENT
6 SERVICES FOR JUVENILES PROGRAMS PROVIDED DURING AN APPLICABLE PROGRAM
7 YEAR TO AT-RISK, ALLEGED OR ADJUDICATED JUVENILE DELINQUENTS AND AT
8 RISK, ALLEGED OR ADJUDICATED PERSONS IN NEED OF SUPERVISION IN COMMUNI-
9 TY-BASED NON-RESIDENTIAL SETTINGS THAT HAVE NOT OTHERWISE BEEN SUBJECT
10 TO STATE REIMBURSEMENT UNDER SECTION FIVE HUNDRED TWENTY-NINE-B OF THIS
11 TITLE. ANY CLAIMS SUBMITTED BY A MUNICIPALITY FOR REIMBURSEMENT FOR
12 DETENTION SERVICES OR SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
13 PROVIDED DURING A PARTICULAR PROGRAM YEAR FOR WHICH THE MUNICIPALITY
14 DOES NOT RECEIVE STATE REIMBURSEMENT FROM THE MUNICIPALITY'S DISTRIB-
15 UTION OF DETENTION SERVICES FUNDS FOR THAT PROGRAM YEAR MAY NOT BE
16 CLAIMED AGAINST THE MUNICIPALITY'S DISTRIBUTION OF FUNDS AVAILABLE UNDER
17 THIS SECTION FOR THE NEXT APPLICABLE PROGRAM YEAR. THE OFFICE MAY
18 REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELECTRONICALLY AT
19 SUCH TIMES AND IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
20 (D) DATA COLLECTED FOR THE PURPOSES OF COMPLETING THE DETENTION RISK
21 ASSESSMENT INSTRUMENT SHALL BE CONFIRMED. ANY DETENTION RISK ASSESSMENT
22 INSTRUMENT USED BY THE OFFICE TO MAKE DETENTION DECISIONS SHALL BE
23 UPDATED REGULARLY AND REVIEWED ANNUALLY. THE OFFICE SHALL CONSPICUOUSLY
24 POST ANY DETENTION RISK ASSESSMENT INSTRUMENT AND ANY PROPOSED REVISIONS
25 TO A DETENTION RISK ASSESSMENT INSTRUMENT ON ITS WEBSITE AND SHALL NOTI-
26 FY THE APPROPRIATE STAKEHOLDERS AND GENERAL PUBLIC OF THE OPPORTUNITY
27 FOR A PERIOD OF NO LESS THAN SIXTY DAYS TO COMMENT ON THE PROPOSED
28 REVISION.
29 3. Wherever detention services are not provided directly or indirectly
30 by a [social services district] MUNICIPALITY, the [district] MUNICI-
31 PALITY shall act as the intermediary between the [division] OFFICE OF
32 CHILDREN AND FAMILY SERVICES and the agency lawfully providing such
33 services, for the purpose of claiming and receiving reimbursement,
34 furnishing financial information and obtaining approval for reserved
35 accommodations pursuant to this section.
36 4. (a) The [social services districts] MUNICIPALITY must notify the
37 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid
38 received under other state aid formulas by each detention facility[,
39 and, in the city of New York, by each foster care facility which is
40 providing care, maintenance and supervision] for which the [district]
41 MUNICIPALITY is seeking reimbursement pursuant to this section, includ-
42 ing but not limited to, aid for education, probation and mental health
43 services.
44 (b) In computing reimbursement to the [social services districts]
45 MUNICIPALITY pursuant to this section, the [division] OFFICE shall
46 insure that the aggregate of state aid under all state aid formulas
47 shall not exceed fifty percent of the cost of care, maintenance and
48 supervision provided TO detainees ELIGIBLE FOR STATE REIMBURSEMENT UNDER
49 SUBDIVISION TWO OF THIS SECTION, exclusive of federal aid for such
50 purposes NOT TO EXCEED THE AMOUNT OF THE MUNICIPALITY'S DISTRIBUTION
51 UNDER THE JUVENILE DETENTION SERVICES PROGRAM.
52 (c) Reimbursement for administrative related expenditures as defined
53 by the [director of the division for youth] OFFICE OF CHILDREN AND FAMI-
54 LY SERVICES, for secure and nonsecure detention services shall not
55 exceed seventeen percent of the total approved expenditures for facili-
56 ties of twenty-five beds or more and shall not exceed twenty-one percent
A. 4008--B 73
1 of the total approved expenditures for facilities with less than twen-
2 ty-five beds.
3 S 5. Subparagraphs 1, 2 and 4 of paragraph (a) and paragraph (b) of
4 subdivision 5 of section 530 of the executive law, as amended by chapter
5 920 of the laws of 1982, subparagraph 4 of paragraph (a) as added by
6 chapter 419 of the laws of 1987, are amended to read as follows:
7 (1) temporary care, maintenance and supervision provided alleged juve-
8 nile delinquents [and persons in need of supervision] in detention
9 facilities certified pursuant to [sections seven hundred twenty-four
10 and] SECTION 305.2 of the family court act by the [division for youth]
11 OFFICE OF CHILDREN AND FAMILY SERVICES, pending adjudication of alleged
12 delinquency [or alleged need of supervision] by the family court, or
13 pending transfer to institutions to which committed or placed by such
14 court or while awaiting disposition by such court after adjudication or
15 held pursuant to a securing order of a criminal court if the person
16 named therein as principal is under sixteen; or,
17 (2) temporary care, maintenance and supervision provided juvenile
18 delinquents [and persons in need of supervision] in approved detention
19 facilities at the request of the [division for youth] OFFICE OF CHILDREN
20 AND FAMILY SERVICES pending release revocation hearings or while await-
21 ing disposition after such hearings; or
22 [(4) temporary care, maintenance and supervision provided youth
23 detained in the city of New York in foster care facilities pursuant to
24 article seven of the family court act.]
25 (b) Payments made for reserved accommodations, whether or not in full
26 time use, approved by the [division for youth] OFFICE OF CHILDREN AND
27 FAMILY SERVICES and certified pursuant to [sections seven hundred twen-
28 ty-four and] SECTION 305.2 of the family court act, in order to assure
29 that adequate accommodations will be available for the immediate recep-
30 tion and proper care therein of youth for which detention costs are
31 reimbursable pursuant to paragraph (a) of this subdivision, shall be
32 reimbursed as expenditures for care, maintenance and supervision [of
33 local charges] under the provisions of this section, provided the [divi-
34 sion] OFFICE shall have given its prior approval for reserving such
35 accommodations.
36 S 6. Subdivisions 7 and 8 of section 530 of the executive law are
37 REPEALED and subdivision 9, as added by section 2 of part C of chapter
38 83 of the laws of 2002, is renumbered subdivision 7 and amended to read
39 as follows:
40 7. The agency administering detention for each county and the city of
41 New York shall submit to the office of children and family services, AT
42 SUCH TIMES AND in such form and manner AND CONTAINING SUCH INFORMATION
43 as required by the office of children and family services, [a quarterly]
44 AN ANNUAL report on youth remanded pursuant to article three or seven of
45 the family court act who are detained [for forty-five days or more in
46 any twelve month period] DURING EACH CALENDAR YEAR INCLUDING, COMMENCING
47 JANUARY FIRST, TWO THOUSAND TWELVE, THE RISK LEVEL OF EACH DETAINED
48 YOUTH AS ASSESSED BY A DETENTION RISK ASSESSMENT INSTRUMENT, AS DEFINED
49 IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, APPROVED BY THE
50 OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE MAY REQUIRE THAT SUCH
51 DATA ON DETENTION USE BE SUBMITTED TO THE OFFICE ELECTRONICALLY. Such
52 report shall include, but not be limited to[:], the reason for the
53 court's determination in accordance with section 320.5 or seven hundred
54 thirty-nine of the family court act to detain the youth; the offense or
55 offenses with which the youth is charged; and all other reasons why the
56 youth remains detained. [Detention agencies shall submit each quarterly
A. 4008--B 74
1 report to the office within thirty days of the end of the quarter and
2 the office shall submit a compilation of all of the separate reports for
3 the quarter to the governor and the legislature within forty-five days
4 of the end of the quarter. The first quarterly report shall cover the
5 last quarter of two thousand two.] THE OFFICE SHALL SUBMIT A COMPILATION
6 OF ALL THE SEPARATE REPORTS TO THE GOVERNOR AND THE LEGISLATURE.
7 S 7. Paragraph (c) of subdivision 1 of section 531 of the executive
8 law, as added by chapter 43 of the laws of 1978, is amended to read as
9 follows:
10 (c) expenditures made by each [such social services district] MUNICI-
11 PALITY for the care, maintenance and supervision of youths in secure and
12 non-secure detention for which reimbursement is approved pursuant to
13 section five hundred thirty of this [chapter, or for which reimbursement
14 is due to the state pursuant to subdivision seven of such section]
15 TITLE, including the numbers of such youths in each category of
16 detention facility and the per diem rates charged.
17 S 8. Paragraph (b) of subdivision 3 of section 320.5 of the family
18 court act, as added by section 1 of part DD of chapter 57 of the laws of
19 2008, is amended to read as follows:
20 (b) Any finding directing detention pursuant to paragraph (a) of this
21 subdivision made by the court shall state the facts, THE LEVEL OF RISK
22 THE YOUTH WAS ASSESSED PURSUANT TO A DETENTION RISK ASSESSMENT INSTRU-
23 MENT AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE
24 HUNDRED THIRTY OF THE EXECUTIVE LAW APPROVED BY THE OFFICE OF CHILDREN
25 AND FAMILY SERVICES, and THE reasons for such finding INCLUDING, IF A
26 DETERMINATION IS MADE TO PLACE A YOUTH IN DETENTION WHO WAS ASSESSED AT
27 A LOW OR MEDIUM RISK ON SUCH A RISK ASSESSMENT INSTRUMENT, THE PARTIC-
28 ULAR REASONS WHY DETENTION WAS DETERMINED TO BE NECESSARY.
29 S 9. Intentionally omitted.
30 S 10. Section 720 of the family court act, as amended by chapter 419
31 of the laws of 1987, subdivision 5 as amended by section 3 of part E of
32 chapter 57 of the laws of 2005 and paragraph (c) of subdivision 5 as
33 added by section 8 of part G of chapter 58 of the laws of 2010, is
34 amended to read as follows:
35 S 720. Detention. 1. No child to whom the provisions of this article
36 may apply, shall be detained in any prison, jail, lockup, or other place
37 used for adults convicted of crime or under arrest and charged with a
38 crime.
39 2. The detention of a child in a secure detention facility shall not
40 be directed under any of the provisions of this article.
41 3. [Detention of a person alleged to be or adjudicated as a person in
42 need of supervision shall be authorized only in a detention facility
43 certified by the division for youth except as provided in subdivision
44 four of this section] DETENTION OF A PERSON ALLEGED TO BE OR ADJUDICATED
45 AS A PERSON IN NEED OF SUPERVISION SHALL BE AUTHORIZED ONLY IN A FOSTER
46 CARE PROGRAM CERTIFIED BY THE OFFICE, EXCEPT WHERE AN APPROPRIATE FOSTER
47 CARE PROGRAM IS UNAVAILABLE DETENTION SHALL BE DIRECTED IN A NON-SECURE
48 DETENTION FACILITY CERTIFIED BY THE OFFICE, EXCEPT AS PROVIDED IN SUBDI-
49 VISION FOUR OF THIS SECTION.
50 4. Whenever detention is authorized and ordered pursuant to this arti-
51 cle, for a person alleged to be or adjudicated as a person in need of
52 supervision, a family court in a city having a population of one million
53 or more shall, notwithstanding any other provision of law, direct
54 detention in a foster care facility established and maintained pursuant
55 to the social services law. In all other respects, the detention of such
56 a person in a foster care facility shall be subject to the identical
A. 4008--B 75
1 terms and conditions for detention as are set forth in this article and
2 in section two hundred thirty-five of this act.
3 5. (a) The court shall not order or direct detention under this arti-
4 cle, unless the court determines that there is no substantial likelihood
5 that the youth and his or her family will continue to benefit from
6 diversion services and that all available alternatives to detention have
7 been exhausted; and
8 (b) Where the youth is sixteen years of age or older, the court shall
9 not order or direct detention under this article, unless the court
10 determines and states in its order that special circumstances exist to
11 warrant such detention.
12 (c) If the respondent may be a sexually exploited child as defined in
13 subdivision one of section four hundred forty-seven-a of the social
14 services law, the court may direct the respondent to an available short-
15 term safe house as defined in subdivision two of section four hundred
16 forty-seven-a of the social services law as an alternative to detention.
17 S 11. Subdivision (a) of section 727 of the family court act, as
18 amended by chapter 419 of the laws of 1987, is amended to read as
19 follows:
20 (a) The agency responsible for operating a detention facility [or in a
21 city of one million or more, the] agency responsible for operating a
22 foster care facility[,] may release a child in custody before the filing
23 of a petition to the custody of his parents or other relative, guardian
24 or legal custodian when the events occasioning the taking into custody
25 appear to involve a petition to determine whether a person is in need of
26 supervision rather than a petition to determine whether a person is a
27 juvenile delinquent.
28 S 12. Subdivision 12 of section 153 of the social services law is
29 REPEALED.
30 S 13. Subdivision 12 of section 398 of the social services law, as
31 added by chapter 419 of the laws of 1987, is amended to read as follows:
32 12. A social services official shall be permitted to place persons
33 adjudicated [in need of supervision or] delinquent, [and in cities
34 having a population of one million or more] alleged persons to be in
35 need of supervision and persons adjudicated in need of supervision in
36 detention pending transfer to a placement, in the same foster care
37 facilities as are providing care to destitute, neglected, abused or
38 abandoned children. Such foster care facilities shall not provide care
39 to a youth in the care of a social services official as a convicted
40 juvenile offender.
41 S 14. Intentionally omitted.
42 S 15. This act shall take effect January 1, 2012; provided, however,
43 section three of this act shall take effect October 1, 2011; and
44 provided, further, a person held in a detention facility or, in the city
45 of New York, remanded to a foster care facility, pursuant to article 3
46 or 7 of the family court act prior to the effective date of this act
47 shall be governed by the provisions of law in effect at the time that
48 such person was detained or remanded.
49 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
50 sion, section or part of this act shall be adjudged by any court of
51 competent jurisdiction to be invalid, such judgment shall not affect,
52 impair, or invalidate the remainder thereof, but shall be confined in
53 its operation to the clause, sentence, paragraph, subdivision, section
54 or part thereof directly involved in the controversy in which such judg-
55 ment shall have been rendered. It is hereby declared to be the intent of
A. 4008--B 76
1 the legislature that this act would have been enacted even if such
2 invalid provisions had not been included herein.
3 S 3. This act shall take effect immediately provided, however, that
4 the applicable effective date of Subparts A and B of this act shall be
5 as specifically set forth in the last section of such Subparts.
6 PART R
7 Intentionally omitted.
8 PART S
9 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
10 section 131-o of the social services law, as amended by section 1 of
11 part I of chapter 58 of the laws of 2010, are amended to read as
12 follows:
13 (a) in the case of each individual receiving family care, an amount
14 equal to at least $130.00 for each month beginning on or after January
15 first, two thousand [ten] ELEVEN.
16 (b) in the case of each individual receiving residential care, an
17 amount equal to at least $150.00 for each month beginning on or after
18 January first, two thousand [ten] ELEVEN.
19 (c) in the case of each individual receiving enhanced residential
20 care, an amount equal to at least $178.00 for each month beginning on or
21 after January first, two thousand [ten] ELEVEN.
22 (d) for the period commencing January first, two thousand [eleven]
23 TWELVE, the monthly personal needs allowance shall be an amount equal to
24 the sum of the amounts set forth in subparagraphs one and two of this
25 paragraph:
26 (1) the amounts specified in paragraphs (a), (b) and (c) of this
27 subdivision; and
28 (2) the amount in subparagraph one of this paragraph, multiplied by
29 the percentage of any federal supplemental security income cost of
30 living adjustment which becomes effective on or after January first, two
31 thousand [eleven] TWELVE, but prior to June thirtieth, two thousand
32 [eleven] TWELVE, rounded to the nearest whole dollar.
33 S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
34 section 209 of the social services law, as amended by section 2 of part
35 I of chapter 58 of the laws of 2010, are amended to read as follows:
36 (a) On and after January first, two thousand [ten] ELEVEN, for an
37 eligible individual living alone, $761.00; and for an eligible couple
38 living alone, $1115.00.
39 (b) On and after January first, two thousand [ten] ELEVEN, for an
40 eligible individual living with others with or without in-kind income,
41 $697.00; and for an eligible couple living with others with or without
42 in-kind income, $1057.00.
43 (c) On and after January first, two thousand [ten] ELEVEN, (i) for an
44 eligible individual receiving family care, $940.48 if he or she is
45 receiving such care in the city of New York or the county of Nassau,
46 Suffolk, Westchester or Rockland; and (ii) for an eligible couple
47 receiving family care in the city of New York or the county of Nassau,
48 Suffolk, Westchester or Rockland, two times the amount set forth in
49 subparagraph (i) of this paragraph; or (iii) for an eligible individual
50 receiving such care in any other county in the state, $902.48; and (iv)
51 for an eligible couple receiving such care in any other county in the
A. 4008--B 77
1 state, two times the amount set forth in subparagraph (iii) of this
2 paragraph.
3 (d) On and after January first, two thousand [ten] ELEVEN, (i) for an
4 eligible individual receiving residential care, $1109.00 if he or she is
5 receiving such care in the city of New York or the county of Nassau,
6 Suffolk, Westchester or Rockland; and (ii) for an eligible couple
7 receiving residential care in the city of New York or the county of
8 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
9 in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
10 ual receiving such care in any other county in the state, $1079.00; and
11 (iv) for an eligible couple receiving such care in any other county in
12 the state, two times the amount set forth in subparagraph (iii) of this
13 paragraph.
14 (e) (i) On and after January first, two thousand [ten] ELEVEN, for an
15 eligible individual receiving enhanced residential care, $1368.00; and
16 (ii) for an eligible couple receiving enhanced residential care, two
17 times the amount set forth in subparagraph (i) of this paragraph.
18 (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
19 vision shall be increased to reflect any increases in federal supple-
20 mental security income benefits for individuals or couples which become
21 effective on or after January first, two thousand [eleven] TWELVE but
22 prior to June thirtieth, two thousand [eleven] TWELVE.
23 S 3. This act shall take effect December 31, 2011.
24 PART T
25 Intentionally omitted.
26 PART U
27 Section 1. Paragraph (a-2) of subdivision 2 of section 131-a of the
28 social services law, as added by section 1 of part Y of chapter 57 of
29 the laws of 2009, is amended to read as follows:
30 (a-2) For the period beginning July first, two thousand ten and ending
31 [June thirtieth] NOVEMBER FOURTEENTH, two thousand eleven, the following
32 schedule shall be the standard of monthly need for determining eligibil-
33 ity for all categories of assistance in and by all social services
34 districts:
35 Number of Persons in Household
36 One Two Three Four Five Six
37 $141 $225 $300 $386 $477 $551
38 For each additional person in the household there shall be added an
39 additional amount of seventy-five dollars monthly.
40 S 2. Paragraph (a-3) of subdivision 2 of section 131-a of the social
41 services law, as added by section 1 of part Y of chapter 57 of the laws
42 of 2009, is amended to read as follows:
43 (a-3) For the period beginning [July first] NOVEMBER FIFTEENTH, two
44 thousand eleven and thereafter, the following schedule shall be the
45 standard of monthly need for determining eligibility for all categories
46 of assistance in and by all social services districts:
47 Number of Persons in Household
48 One Two Three Four Five Six
49 $158 $252 $335 $432 $533 $616
50 For each additional person in the household there shall be added an
51 additional amount of eighty-four dollars monthly.
A. 4008--B 78
1 S 3. Paragraph (a-2) of subdivision 3 of section 131-a of the social
2 services law, as added by section 2 of part Y of chapter 57 of the laws
3 of 2009, is amended to read as follows:
4 (a-2) For the period beginning July first, two thousand ten and ending
5 [June thirtieth] NOVEMBER FOURTEENTH, two thousand eleven, persons and
6 families determined to be eligible by the application of the standard of
7 need prescribed by the provisions of subdivision two of this section,
8 less any available income or resources which are not required to be
9 disregarded by other provisions of this chapter, shall receive maximum
10 monthly grants and allowances in all social services districts, in
11 accordance with the following schedule, for public assistance:
12 Number of Persons in Household
13 One Two Three Four Five Six
14 $141 $225 $300 $386 $477 $551
15 For each additional person in the household there shall be added an
16 additional amount of seventy-five dollars monthly.
17 S 4. Paragraph (a-3) of subdivision 3 of section 131-a of the social
18 services law, as added by section 2 of part Y of chapter 57 of the laws
19 of 2009, is amended to read as follows:
20 (a-3) For the period beginning [July first] NOVEMBER FIFTEENTH, two
21 thousand eleven and thereafter, persons and families determined to be
22 eligible by the application of the standard of need prescribed by the
23 provisions of subdivision two of this section, less any available income
24 or resources which are not required to be disregarded by other
25 provisions of this chapter, shall receive maximum monthly grants and
26 allowances in all social services districts, in accordance with the
27 following schedule, for public assistance:
28 Number of Persons in Household
29 One Two Three Four Five Six
30 $158 $252 $335 $432 $533 $616
31 For each additional person in the household there shall be added an
32 additional amount of eighty-four dollars monthly.
33 S 5. This act shall take effect immediately and shall be deemed to
34 have been in full force and effect on and after April 1, 2011.
35 PART V
36 Intentionally omitted.
37 PART W
38 Section 1. Section 39 of part P2 of chapter 62 of the laws of 2003
39 amending the state finance law and other laws relating to authorizing
40 and directing the state comptroller to loan money to certain funds and
41 accounts, as amended by section 1 of part Z of chapter 57 of the laws of
42 2009, is amended to read as follows:
43 S 39. This act shall take effect immediately and shall be deemed to
44 have been in full force and effect on and after April 1, 2003; provided,
45 however, that sections one, three, four, six, seven through fifteen, and
46 seventeen of this act shall expire March 31, 2004, when upon such date
47 the provisions of such sections shall be deemed repealed; [and sections
48 thirty and thirty-one of this act shall expire December 31, 2011] and
49 the amendments made to section 69-c of the state finance law by section
50 thirty-two of this act shall not affect the expiration and repeal of
51 such section and shall be deemed to be expired therewith.
52 S 2. This act shall take effect immediately.
A. 4008--B 79
1 PART X
2 Section 1. The state finance law is amended by adding a new section
3 97-kkkk to read as follows:
4 S 97-KKKK. EDUCATIONAL ASSISTANCE FUND. 1. THERE IS HEREBY ESTAB-
5 LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
6 TAXATION AND FINANCE OF THE MISCELLANEOUS STATE SPECIAL REVENUE FUND TO
7 BE KNOWN AS THE EDUCATIONAL ASSISTANCE FUND.
8 2. SUCH ACCOUNT SHALL CONSIST OF THIRTY PERCENT OF RECEIPTS FROM THE
9 IMPOSITION OF THE SURCHARGE OF PERSONAL INCOME TAXES PURSUANT TO ARTICLE
10 TWENTY-TWO OF THE TAX LAW, ON NEW YORK TAXABLE INCOME WHEN SUCH INCOME
11 IS TAXED AT A RATE GREATER THAN 6.85 PERCENT ON OR AFTER JANUARY FIRST,
12 TWO THOUSAND TWELVE. ANY MONEYS IN SUCH ACCOUNT MAY BE INVESTED BY THE
13 COMPTROLLER PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE.
14 3. MONEYS IN THE ACCOUNT, FOLLOWING AN APPROPRIATION BY THE LEGISLA-
15 TURE, SHALL BE USED ONLY FOR THE PAYMENT OF EDUCATION AID TO SCHOOL
16 DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES DURING THE
17 CALENDAR QUARTER BEGINNING ON APRIL FIRST OF EACH YEAR IN ACCORDANCE
18 WITH SECTION THIRTY-SIX HUNDRED NINE-A OF THE EDUCATION LAW, AS FROM
19 TIME TO TIME AMENDED.
20 S 2. This act shall take effect immediately.
21 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
22 sion, section or part of this act shall be adjudged by any court of
23 competent jurisdiction to be invalid, such judgment shall not affect,
24 impair, or invalidate the remainder thereof, but shall be confined in
25 its operation to the clause, sentence, paragraph, subdivision, section
26 or part thereof directly involved in the controversy in which such judg-
27 ment shall have been rendered. It is hereby declared to be the intent of
28 the legislature that this act would have been enacted even if such
29 invalid provisions had not been included herein.
30 S 3. This act shall take effect immediately provided, however, that
31 the applicable effective date of Parts A through X of this act shall be
32 as specifically set forth in the last section of such Parts.
