Bill Text: NY A42008 | 2009-2010 | General Assembly | Amended
Bill Title: Amends provisions of the education, labor and family assistance budget for 2010 relating to the elementary, middle, secondary and continuing education program.
Spectrum: Committee Bill
Status: (Passed) 2010-12-10 - signed chap.559 [A42008 Detail]
Download: New_York-2009-A42008-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8--A Third Extraordinary Session I N A S S E M B L Y November 29, 2010 ___________ Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 53 of the laws of 2010, enacting the education, labor and family assistance budget, making appropriations for the support of government THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 1 of chapter 53 of the laws of 2010, enacting the 2 education, labor and family assistance budget, is amended by repealing 3 the items hereinbelow set forth in brackets and by adding to such 4 section the other items underscored in this section. 5 EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET 6 EDUCATION DEPARTMENT 7 STATE OPERATIONS AND AID TO LOCALITIES 2010-11 8 ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION 9 PROGRAM 10 General Fund / Aid to Localities 11 Local Assistance Account - 001 12 For general support for public schools, 13 provided, however, that notwithstanding 14 any provision of law to the contrary, the 15 commissioner shall reduce payments due to 16 each district for the 2010-11 state fiscal EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12330-04-0 A. 8--A 2 1 year pursuant to section 3609 -a of the 2 education law by an amount based on the 3 gap elimination adjustment for 2010-2011 4 school year computed for such district, 5 where the positive difference, if any, of 6 such amount less any other gap elimination 7 adjustment enacted pursuant to a chapter 8 of the laws of 2010 shall be deducted from 9 moneys apportioned for the purposes of 10 payments made for the 2010-11 school year 11 pursuant to section 3609 -a of the educa- 12 tion law, and provided further that the 13 commissioner shall compute such gap elimi- 14 nation adjustment and shall provide a 15 schedule of such reduction in payments to 16 the state comptroller, the director of the 17 budget, the chair of the senate finance 18 committee and the chair of the assembly 19 ways and means committee, where the gap 20 elimination adjustment for 2010-11 school 21 year shall be based on data used by the 22 commissioner for the purposes of producing 23 a school aid computer listing in support 24 of the executive budget proposal for the 25 2010-11 school year and entitled 26 "BT101-1", and the gap elimination adjust- 27 ment for a district shall equal (A) the 28 district's percentage reduction, provided, 29 however, that in the case of a district 30 with a tax effort ratio greater than three 31 and five-tenths percent (0.035) and a 32 combined wealth ratio for total foundation 33 aid that is less than four (4.0), the gap 34 elimination adjustment for a district 35 shall equal the lesser of the percentage 36 reduction and the tax effort reduction, 37 and further provided, (B) in the case of a 38 district determined to be a high need 39 school district pursuant to clause (c) of 40 subparagraph 2 of paragraph c of subdivi- 41 sion 6 of section 3602 of the education 42 law for the school aid computer listing 43 produced by the commissioner in support of 44 the enacted budget for the 2007-08 school 45 year and entitled "SA0708", the gap elimi- 46 nation adjustment for a district shall 47 equal the lesser of the TGFE check and the 48 gap elimination adjustment selected pursu- 49 ant to subclause (A) of this appropri- 50 ation, and further provided that in the 51 case of a school district, other than a 52 city school district of a city having a 53 population in excess of 125,000, with an 54 administrative efficiency ratio of less 55 than two percent (0.02), the gap elimi- 56 nation adjustment shall be reduced by an A. 8--A 3 1 amount equal to the administrative effi- 2 ciency offset, where (i) the percentage 3 reduction shall be the sum of (A) the 4 product of the total aid for adjustment, 5 multiplied by five and five-tenths percent 6 (0.055), and (B) the product of $3,121.00 7 multiplied by the reduction factor, multi- 8 plied by the public school district 9 enrollment for the base year computed 10 pursuant to subparagraph 2 of paragraph n 11 of subdivision 1 of section 3602 of the 12 education law, provided, however, that 13 such percentage reduction shall not be 14 less than the product of eight percent 15 (0.08) multiplied by such total aid for 16 adjustment, and not more than the product 17 of twenty-one percent (0.21) multiplied by 18 such total aid for adjustment, and (ii) 19 the tax effort reduction shall be the 20 product of the total aid for adjustment, 21 multiplied by the quotient of twenty-one 22 percent (0.21) divided by the quotient of 23 the tax effort ratio divided by three and 24 five-tenths percent (0.035), provided, 25 however, that such tax effort reduction 26 shall not be less than the product of ten 27 percent (0.10) multiplied by such total 28 aid for adjustment, and not more than the 29 product of twenty-one percent (0.21) 30 multiplied by such total aid for adjust- 31 ment, and (iii) the TGFE check shall be 32 the product of the TGFE percentage and the 33 total general fund expenditures of such 34 district in the base year, and (iv) the 35 administrative efficiency offset shall be 36 the product of $80.00, multiplied by the 37 state sharing ratio, multiplied by the 38 total aidable foundation pupil units, and 39 the net gap elimination adjustment for a 40 district shall equal the product of the 41 gap elimination adjustment computed pursu- 42 ant to this appropriation, multiplied by 43 sixty-six and four hundred seventy-nine 44 ten-thousandths percent (0.660479), and 45 provided further that, (v) for the 46 purposes of such computation, (A) "total 47 aid for adjustment" shall mean the sum of 48 the amounts set forth for each school 49 district as "FOUNDATION AID", "FULL DAY K 50 CONVERSION", "BOCES + SPECIAL SERVICES", 51 "PUBLIC HIGH COST SPECIAL EDN", "PRIVATE 52 SPECIAL EDUCATION", "HARDWARE & TECHNOLO- 53 GY", "SOFTWARE, LIBRARY, TEXTBOOK", 54 "TRANSPORTATION INCL SUMMER", "OPERATING 55 REORG INCENTIVE", "CHARTER SCHOOL TRANSI- 56 TIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX A. 8--A 4 1 AID" AND "SUPPLEMENTAL PUB SPECIAL EDN" 2 under the heading "2010-11 ESTIMATED AIDS" 3 in the school aid computer listing 4 produced by the commissioner in support of 5 the executive budget proposal for the 6 2010-11 school year and entitled 7 "BT101-1", and (B) "three-year average 8 free and reduced price lunch percent" 9 shall mean the quotient of (1) the sum of 10 the number of pupils in kindergarten 11 through grade six attending the public 12 schools of the district who have applica- 13 tions on file or who are listed on a 14 direct certification letter confirming 15 their eligibility for participation in the 16 state and federally funded free and 17 reduced price lunch program on the date 18 enrollment was counted in accordance with 19 this subdivision for the year prior to the 20 base year, plus such number of eligible 21 applicants for the free and reduced price 22 lunch program computed for the year two 23 years prior to the base year, plus such 24 number of eligible applicants for the free 25 and reduced price lunch program computed 26 for the year three years prior to the base 27 year, divided by (2) the sum of the number 28 of pupils in kindergarten through grade 29 six on a regular enrollment register of a 30 public school district on the date enroll- 31 ment was counted in accordance with this 32 subdivision for the year prior to the base 33 year, plus such number of pupils in 34 kindergarten through grade six on a regu- 35 lar enrollment register of a public school 36 district computed for the year two years 37 prior to the base year, plus such number 38 of pupils in kindergarten through grade 39 six on a regular enrollment register of a 40 public school district computed for the 41 year three years prior to the base year, 42 and (C) "total aidable foundation pupil 43 units" shall mean the total aidable foun- 44 dation pupil units computed pursuant to 45 paragraph g of subdivision 2 of section 46 3602 of the education law, and (D) 47 "combined wealth ratio for total founda- 48 tion aid" shall mean the combined wealth 49 ratio for total foundation aid computed 50 pursuant to subparagraph 2 of paragraph c 51 of subdivision 3 of section 3602 of the 52 education law, and (E) "the state sharing 53 ratio" shall mean the state sharing ratio 54 computed for total foundation aid computed 55 pursuant to paragraph g of subdivision 3 56 of section 3602 of the education law, but A. 8--A 5 1 not less than ten percent (0.10), and (F) 2 "tax effort ratio" shall mean the tax 3 effort ratio computed pursuant to subpara- 4 graph 3 of paragraph a of subdivision 16 5 of section 3602 of the education law, and 6 (G) "reduction factor" shall mean the 7 product of the positive remainder of one 8 less the three-year average free and 9 reduced price lunch percent, multiplied by 10 the combined wealth ratio for total foun- 11 dation aid, and (H) "administrative effi- 12 ciency ratio" shall mean the quotient of 13 the sum of the expenditures related to the 14 board of education, including expenditures 15 for the board of education, the district 16 clerk's office, the district meeting, 17 auditing service, the treasurer's office, 18 the tax collector's office, legal services 19 and the school census, plus expenditures 20 for central administration, including 21 expenditures for the chief school officer, 22 the business office, the purchasing 23 office, the personnel office, the records 24 management officer, public information and 25 services and fees for fiscal agents, 26 divided by the total expenditures charged 27 by a district to the general, debt 28 service, and special aid funds, excluding 29 transfers from the general fund to the 30 debt service and special aid funds, based 31 on expenditures reported by the district 32 for the school year two years prior to the 33 base year, based on data on file for an 34 electronic data file used to produce the 35 school aid computer listing produced by 36 the commissioner in support of the execu- 37 tive budget request, and (I) "TGFE 38 percentage" shall mean, for a school 39 district which has a three-year average 40 free and reduced price lunch percent 41 greater than seventy-five percent (0.75) 42 and which has an administrative efficiency 43 ratio less than one and one-half percent 44 (0.015), three and six-tenths percent 45 (0.036) and for all other school 46 districts, five percent (0.05) and 47 provided further that, notwithstanding any 48 inconsistent provision of law, subject to 49 the approval of the director of the budg- 50 et, funds appropriated herein may be 51 interchanged with any other item of appro- 52 priation for general support for public 53 schools within the general fund local 54 assistance account elementary, middle, 55 secondary and continuing education 56 program. A. 8--A 6 1 Notwithstanding any other law, rule or regu- 2 lation to the contrary, funds appropriated 3 herein shall be available for payment of 4 financial assistance net of any disallow- 5 ances, refunds, reimbursement and credits, 6 and may be suballocated to other depart- 7 ments and agencies to accomplish the 8 intent of this appropriation subject to 9 the approval of the director of the budg- 10 et. Notwithstanding any provision of law 11 to the contrary, funds appropriated herein 12 shall be available for payment of liabil- 13 ities hereafter to accrue ................ 14 ........................ [10,920,666,000] 10,620,666,000 15 Special Revenue Funds - Federal / Aid to Localities 16 Federal Department of Education Fund - 267 17 FOR SUPPORT OF ELEMENTARY, AND SECONDARY 18 EDUCATION FROM THE EDUCATION JOBS FUND AS 19 FUNDED BY THE FEDERAL EDUCATION JOBS FUND 20 PROGRAM AS AUTHORIZED BY PUBLIC LAW NUMBER 21 111-226. NOTWITHSTANDING ANY OTHER 22 PROVISION OF LAW TO THE CONTRARY, FUNDS 23 SHALL BE AVAILABLE TO EACH SCHOOL DISTRICT 24 ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO 25 SUBDIVISION 4 OF SECTION 3602 OF THE 26 EDUCATION LAW IN AN AMOUNT EQUAL TO THE 27 PRODUCT OF THE NET GAP ELIMINATION ADJUST- 28 MENT COMPUTED PURSUANT TO THIS CHAPTER, 29 MULTIPLIED BY FORTY-THREE AND TWENTY-FIVE 30 THOUSAND NINE HUNDRED EIGHTY-NINE ONE-MIL- 31 LIONTHS PERCENT (0.43025989). SUCH APPOR- 32 TIONMENT SHALL BE AVAILABLE TO EACH SCHOOL 33 DISTRICT FOR THE 2010-11 SCHOOL YEAR AND 34 THEREAFTER, PROVIDED THAT PRIOR TO APRIL 35 1, 2011, EACH SCHOOL DISTRICT SHALL BE 36 ELIGIBLE FOR AN AMOUNT UP TO THE PRODUCT 37 OF SEVENTY PERCENT (0.70) MULTIPLIED BY 38 THE APPORTIONMENT. FUNDS APPROPRIATED 39 HEREIN SHALL BE SUBJECT TO ALL APPLICABLE 40 REPORTING AND ACCOUNTABILITY REQUIREMENTS 41 IMPOSED BY SUCH ACT ........................ 607,592,000 42 Special Revenue Funds - Federal / Aid to Localities 43 State Fiscal Stabilization Fund - 267 44 For the purposes of the state fiscal 45 stabilization fund-other governmental 46 services fund as funded by the American 47 recovery and reinvestment act of 2009. 48 Funds appropriated herein shall be subject 49 to all applicable reporting and account- 50 ability requirements contained in such 51 act. A. 8--A 7 1 Funds appropriated herein shall be available 2 for services and expenses [of the] associ- 3 ated with THE math and science high school 4 PROGRAM for the 2010-11 school year in the 5 amount of $1,382,000, provided that such 6 funds shall be allocated equally among 7 [the same] THOSE entities that received 8 [such] program funding for the [2008-09] 9 2007-08 school year AND PARTICIPATE IN THE 10 PROGRAM IN 2010-11 ............. 1,382,000 11 -------------- 12 Special Revenue Funds - Other / Aid to Localities 13 State Lottery Fund - 160 14 For general support for public schools for 15 the 2010-11 school year, for grants 16 awarded pursuant to subparagraph 2-a of 17 paragraph b of subdivision 4 of section 18 92-c of the state finance law ............ 19 ............................ [562,000,000] 862,000,000 20 -------------- 21 EDUCATION DEPARTMENT 22 STATE OPERATIONS AND AID TO LOCALITIES - REAPPROPRIATIONS 2010-11 23 ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION PROGRAM 24 Special Revenue Funds - Federal / Aid to Localities 25 State Fiscal Stabilization Fund - 267 26 The appropriation made by chapter 53, section 1, of the laws of 2009, is 27 hereby amended and reappropriated to read: 28 For the purposes of the state fiscal stabilization fund-other govern- 29 mental services fund as funded by the American recovery and rein- 30 vestment act of 2009. Funds appropriated herein shall be subject to 31 all applicable reporting and accountability requirements contained 32 in such act. 33 Funds appropriated herein shall be available for services and expenses 34 [of the] associated with THE math and science high school PROGRAM 35 for the 2009-10 school year IN THE AMOUNT OF $1,382,000, PROVIDED 36 THAT SUCH FUNDS SHALL BE ALLOCATED EQUALLY AMONG THOSE ENTITIES THAT 37 RECEIVED PROGRAM FUNDING FOR THE 2007-08 SCHOOL YEAR ............... 38 1,382,000 ......................................... (re. $1,382,000) 39 S 2. This act shall take effect immediately and shall be deemed to 40 have been in full force and effect on and after April 1, 2010.