S T A T E O F N E W Y O R K
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4730
2011-2012 Regular Sessions
I N S E N A T E
April 18, 2011
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the apportionment of
state assistance to school districts for school years commencing on or
after July 1, 2011
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new section 3602-a
2 to read as follows:
3 S 3602-A. APPORTIONMENT OF PUBLIC MONIES TO SCHOOL DISTRICTS EMPLOYING
4 EIGHT OR MORE TEACHERS FOR SCHOOL YEARS BEGINNING ON AND AFTER JULY
5 FIRST, TWO THOUSAND ELEVEN. 1. NOTWITHSTANDING ANY OTHER PROVISIONS OF
6 THIS CHAPTER OR ANY OTHER PROVISIONS OF LAW, EACH SCHOOL DISTRICT OF THE
7 STATE EMPLOYING EIGHT OR MORE TEACHERS SHALL RECEIVE ITS APPORTIONMENT
8 OF PUBLIC MONEY PAYABLE DURING THE SCHOOL YEAR COMMENCING JULY FIRST,
9 TWO THOUSAND ELEVEN AND DURING ALL SUBSEQUENT SCHOOL YEARS PURSUANT TO
10 THE PROVISIONS OF THIS SECTION AND IN LIEU OF ANY APPORTIONMENTS PAYABLE
11 UNDER ANY OTHER SECTION OF LAW OTHER THAN ANY SUCH APPORTIONMENTS THAT
12 MAY BE PAYABLE TO SUCH DISTRICT PURSUANT TO SECTION THIRTY-SIX HUNDRED
13 TWO OF THIS ARTICLE FOR SCHOOL LUNCHES, CONSTRUCTION AND REHABILITATION
14 OF BUILDINGS, UNIVERSAL PRE-KINDERGARTEN PROGRAMS, SERVICES OR PROGRAMS
15 PROVIDED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHARED SERVICES
16 OR PROGRAMS OF ELIGIBLE DISTRICTS THAT ARE NOT COMPONENTS OF A BOARD OF
17 COOPERATIVE EDUCATIONAL SERVICES, EDUCATION OF INDIAN CHILDREN OF A
18 RESERVATION UNDER A CONTRACT WITH THE STATE, EDUCATION OF PUPILS FROM
19 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, EDUCATION OF
20 INCARCERATED YOUTH, EDUCATION OF HOMELESS AND RUNAWAY PUPILS, EDUCATION
21 OF PUPILS IN APPROVED PRIVATE SCHOOL PLACEMENTS OR IN STATE OPERATED
22 SCHOOLS, THE SUMMER COMPONENT OF TWELVE MONTH PROGRAMS FOR STUDENTS WITH
23 DISABILITIES, OR MATERIALS AND SERVICES PROVIDED TO PUPILS ATTENDING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03269-02-1
S. 4730 2
1 BOTH PUBLIC AND PRIVATE SCHOOLS TO THE EXTENT THAT THE STATE PROVIDES
2 AID FOR SUCH MATERIALS OR SERVICES ON A COST REIMBURSEMENT BASIS.
3 2. AS USED IN THIS SECTION, ANY TERM DEFINED IN SUBDIVISION ONE OF
4 SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE AND THE COMPUTATION OF
5 WHICH IS PROVIDED FOR IN SUBDIVISION TWO OF SUCH SECTION SHALL HAVE THE
6 SAME MEANING GIVEN TO IT BY SUCH SUBDIVISION ONE AND SHALL BE COMPUTED
7 AS PROVIDED FOR IN SUCH SUBDIVISION TWO. AS USED IN THIS SECTION THE
8 FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
9 A. "SOUND BASIC EDUCATION" SHALL MEAN AN EDUCATIONAL PROGRAM THAT
10 ADEQUATELY PREPARES STUDENTS FOR THE WORKFORCE AND FOR THEIR RESPONSI-
11 BILITIES AS CITIZENS. SUCH AN EDUCATIONAL PROGRAM SHALL CONSIST OF (1) A
12 BASIC OPERATIONS COMPONENT AND (2) AN EXTRAORDINARY NEEDS COMPONENT.
13 B. "STATEWIDE COST PER PUPIL OF THE BASIC OPERATIONS COMPONENT OF A
14 SOUND BASIC EDUCATION", FOR ANY PARTICULAR SCHOOL YEAR, SHALL MEAN AN
15 AMOUNT EQUAL TO NINE THOUSAND DOLLARS TIMES THE NUMBER DETERMINED BY
16 DIVIDING THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE CALEN-
17 DAR YEAR PRECEDING THE COMMENCEMENT OF SUCH SCHOOL YEAR BY THE CONSUMER
18 PRICE INDEX FOR THE TWO THOUSAND ELEVEN CALENDAR YEAR, UNLESS THE
19 COMMISSIONER HAS DETERMINED THAT THE STATEWIDE AVERAGE AMOUNT PER PUPIL
20 THAT IS NECESSARY TO PROVIDE THE BASIC OPERATIONS COMPONENT OF A SOUND
21 BASIC EDUCATION FOR ANY SCHOOL YEAR COMMENCING SIX MONTHS OR MORE AFTER
22 THE MAKING OF SUCH A DETERMINATION IS A GREATER AMOUNT, IN WHICH CASE,
23 THE STATEWIDE COST PER PUPIL OF THE BASIC OPERATIONS COMPONENT OF A
24 SOUND BASIC EDUCATION FOR SUCH SCHOOL YEAR SHALL BE SUCH GREATER AMOUNT.
25 C. "STATEWIDE COST PER EXTRAORDINARY NEEDS PUPIL UNIT OF THE EXTRAOR-
26 DINARY NEEDS COMPONENT OF A SOUND BASIC EDUCATION", FOR ANY PARTICULAR
27 SCHOOL YEAR, SHALL MEAN AN AMOUNT EQUAL TO THREE THOUSAND ONE HUNDRED
28 FIFTY DOLLARS TIMES THE NUMBER DETERMINED BY DIVIDING THE CONSUMER PRICE
29 INDEX FOR ALL URBAN CONSUMERS FOR THE CALENDAR YEAR PRECEDING THE
30 COMMENCEMENT OF SUCH SCHOOL YEAR BY THE CONSUMER PRICE INDEX FOR THE TWO
31 THOUSAND ELEVEN CALENDAR YEAR, UNLESS THE COMMISSIONER HAS DETERMINED
32 THAT THE STATEWIDE AVERAGE AMOUNT PER EXTRAORDINARY NEEDS PUPIL UNIT,
33 THAT IS NECESSARY TO PROVIDE THE ADDITIONAL EDUCATIONAL SERVICES NECES-
34 SARY TO ENSURE THAT SUCH EXTRAORDINARY NEEDS PUPILS RECEIVE A SOUND
35 BASIC EDUCATION FOR ANY SCHOOL YEAR COMMENCING SIX MONTHS OR MORE AFTER
36 THE MAKING OF SUCH A DETERMINATION IS A GREATER AMOUNT, IN WHICH CASE
37 THE STATEWIDE COST PER EXTRAORDINARY NEEDS PUPIL UNIT OF THE EXTRAOR-
38 DINARY NEEDS COMPONENT OF A SOUND BASIC EDUCATION FOR SUCH SCHOOL YEAR
39 SHALL BE SUCH GREATER AMOUNT.
40 D. "ADJUSTED AVERAGE DAILY MEMBERSHIP" SHALL MEAN THE AVERAGE NUMBER
41 OF STUDENTS RECEIVING THEIR EDUCATIONAL PROGRAM AT A DISTRICT EXPENSE
42 WITH HALF-DAY KINDERGARTEN WEIGHTED AT 0.50.
43 E. "AIDABLE PUPIL COUNT" SHALL BE (1) ONE-HALF THE SUM OF (I) ADJUSTED
44 AVERAGE DAILY ATTENDANCE AS COMPUTED PURSUANT TO SECTION THIRTY-SIX
45 HUNDRED TWO OF THIS ARTICLE AND (II) ADJUSTED AVERAGE DAILY MEMBERSHIP,
46 PLUS (2) TWELVE PERCENT OF THE NUMBER OF SUMMER SESSION PUPILS, AS
47 DEFINED IN PARAGRAPH G OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
48 TWO OF THIS ARTICLE.
49 F. "COST ADJUSTMENT FACTOR" FOR A SCHOOL DISTRICT SHALL MEAN (1) THE
50 IMPLICIT GEOGRAPHIC COST OF EDUCATION INDEX AS CALCULATED BY THE AMERI-
51 CAN INSTITUTES OF RESEARCH AND MANAGEMENT ANALYSIS AND PLANNING, INC.,
52 FOR USE IN "THE NEW YORK ADEQUACY STUDY: DETERMINING THE COST OF PROVID-
53 ING ALL CHILDREN IN NEW YORK AN ADEQUATE EDUCATION," WITH THOSE INDEX
54 NUMBERS DIVIDED BY (2) THE WEIGHTED AVERAGE INDEX NUMBER FOR ALL SCHOOL
55 DISTRICTS IN THE STATE. THE WEIGHTED AVERAGE INDEX NUMBER FOR ALL SCHOOL
56 DISTRICTS IN THE STATE SHALL BE DETERMINED BY DIVIDING (A) THE SUM OF
S. 4730 3
1 THE NUMBERS DETERMINED BY MULTIPLYING (I) EACH DISTRICT'S IMPLICIT INDEX
2 NUMBER BY (II) SUCH DISTRICTS AIDABLE PUPIL COUNT DIVIDED BY (B) THE SUM
3 OF THE AIDABLE PUPIL COUNTS FOR ALL DISTRICTS IN THE STATE.
4 G. "DISTRICT'S COST OF THE BASIC OPERATIONS COMPONENT OF A SOUND BASIC
5 EDUCATION" SHALL BE DETERMINED BY MULTIPLYING (1) THE STATEWIDE COST PER
6 PUPIL OF THE BASIC OPERATIONS COMPONENT OF A SOUND BASIC EDUCATION BY
7 (2) THE DISTRICT'S COST ADJUSTMENT FACTOR BY (3) THE DISTRICT'S AIDABLE
8 PUPIL COUNT.
9 H. "DISTRICT'S COST OF THE EXTRAORDINARY NEEDS COMPONENT OF A SOUND
10 BASIC EDUCATION" SHALL BE DETERMINED BY MULTIPLYING (1) THE STATEWIDE
11 COST PER EXTRAORDINARY NEEDS PUPIL UNIT OF THE EXTRAORDINARY NEEDS
12 COMPONENT OF A SOUND BASIC EDUCATION BY (2) THE DISTRICT'S COST ADJUST-
13 MENT FACTOR BY (3) THE DISTRICT'S EXTRAORDINARY NEEDS COUNT AS DEFINED
14 IN PARAGRAPH S OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
15 THIS ARTICLE DIVIDED BY THE DISTRICT'S COMBINED WEALTH RATIO.
16 I. "FEDERAL AID FOR BASIC OPERATIONS" SHALL MEAN THE SUM OF THE
17 ASSISTANCE PROVIDED BY THE FEDERAL GOVERNMENT TO A SCHOOL DISTRICT
18 DURING THE BASE YEAR PURSUANT TO THE SCHOOLS IN FEDERALLY AFFECTED AREAS
19 PROGRAM AND THE INDIVIDUALS WITH DISABILITIES ACT AND SUCH OTHER FEDERAL
20 PROGRAMS AS SHALL BE DETERMINED BY THE COMMISSIONER TO SUPPORT THE
21 PROVISION OF THE BASIC OPERATIONS COMPONENT OF A SOUND BASIC EDUCATION.
22 J. "COMPREHENSIVE OPERATING AID FOR THE SCHOOL YEAR COMMENCING JULY
23 FIRST, TWO THOUSAND NINE" SHALL MEAN THE SUM OF ALL AID APPORTIONED TO
24 SUCH DISTRICT FOR SUCH SCHOOL YEAR PURSUANT TO THE PROVISIONS OF SUBDI-
25 VISIONS TWELVE, THIRTEEN, FIFTEEN AND SIXTEEN OF SECTION THIRTY-SIX
26 HUNDRED TWO OF THIS ARTICLE AND SUBDIVISIONS ONE, TWO, THREE, EIGHT AND
27 NINE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
28 K. "DISTRICT MINIMUM REQUIRED CONTRIBUTION" SHALL BE THE LESSER OF (1)
29 THIRTEEN DOLLARS FOR EACH ONE THOUSAND OF THE DISTRICT'S ACTUAL VALU-
30 ATION AS DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-SIX
31 HUNDRED TWO OF THIS ARTICLE OR (2) THE AMOUNT COMPUTED BY SUBTRACTING
32 (I) THE SUM OF (A) THE DISTRICT'S COMPREHENSIVE OPERATING AID FOR THE
33 SCHOOL YEAR COMMENCING JULY FIRST, TWO THOUSAND ELEVEN AND (B) THE
34 FEDERAL AID RECEIVED BY SUCH SCHOOL DISTRICT FOR BASIC OPERATIONS FROM
35 (II) THE SUM OF (A) THE DISTRICT'S COST OF THE BASIC OPERATIONS COMPO-
36 NENT OF A SOUND BASIC EDUCATION AND (B) THE DISTRICT'S COST OF THE
37 EXTRAORDINARY NEEDS COMPONENT OF A SOUND BASIC EDUCATION.
38 3. A. THE APPORTIONMENT OF PUBLIC MONEY PAYABLE TO EACH SCHOOL
39 DISTRICT FOR COMPREHENSIVE OPERATING AID SHALL BE THE GREATER OF (A) THE
40 AMOUNT COMPUTED BY SUBTRACTING (1) THE SUM OF (I) THE DISTRICT'S MINIMUM
41 REQUIRED CONTRIBUTION AND (II) THE DISTRICT'S FEDERAL AID FOR BASIC
42 OPERATIONS FROM (2) THE SUM OF (I) THE DISTRICT'S COST OF THE BASIC
43 OPERATIONS COMPONENT OF A SOUND BASIC EDUCATION AND (II) THE DISTRICT'S
44 COST OF THE EXTRAORDINARY NEEDS COMPONENT OF A SOUND BASIC EDUCATION, OR
45 (B) AN AMOUNT EQUAL TO THE DISTRICT'S COMPREHENSIVE OPERATING AID FOR
46 THE SCHOOL YEAR COMMENCING JULY FIRST, TWO THOUSAND ELEVEN, PROVIDED,
47 HOWEVER, THAT FOR THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND
48 TWELVE, JULY FIRST, TWO THOUSAND THIRTEEN, AND JULY FIRST, TWO THOUSAND
49 FOURTEEN, THE FOLLOWING TRANSITION ADJUSTMENTS SHALL APPLY:
50 A. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
51 FIRST, TWO THOUSAND TWELVE SHALL NOT EXCEED THE SUM OF THAT DISTRICT'S
52 COMPREHENSIVE OPERATING AID FOR THE SCHOOL YEAR COMMENCING JULY FIRST,
53 TWO THOUSAND ELEVEN PLUS TWENTY-FIVE PERCENT OF THE DIFFERENCE BETWEEN
54 THAT AMOUNT AND THE APPORTIONMENT THAT WOULD BE PAYABLE TO SUCH DISTRICT
55 IN THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND TWELVE IF IT
56 WERE NOT FOR THIS TRANSITION ADJUSTMENT.
S. 4730 4
1 B. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
2 FIRST, TWO THOUSAND THIRTEEN SHALL NOT EXCEED THE SUM OF THAT DISTRICT'S
3 COMPREHENSIVE OPERATING AID FOR THE SCHOOL YEAR COMMENCING JULY FIRST,
4 TWO THOUSAND ELEVEN PLUS FIFTY PERCENT OF THE DIFFERENCE BETWEEN THAT
5 AMOUNT AND THE APPORTIONMENT THAT WOULD BE PAYABLE TO SUCH DISTRICT IN
6 THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND THIRTEEN IF IT
7 WERE NOT FOR THIS TRANSITION ADJUSTMENT.
8 C. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
9 FIRST, TWO THOUSAND FOURTEEN SHALL NOT EXCEED THE SUM OF THAT DISTRICT'S
10 COMPREHENSIVE OPERATING AID FOR THE SCHOOL YEAR COMMENCING JULY FIRST,
11 TWO THOUSAND ELEVEN PLUS SEVENTY-FIVE PERCENT OF THE DIFFERENCE BETWEEN
12 THAT AMOUNT AND THE APPORTIONMENT THAT WOULD BE PAYABLE TO SUCH DISTRICT
13 IN THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND FOURTEEN IF IT
14 WERE NOT FOR THIS TRANSITION ADJUSTMENT.
15 B. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, ALL AID PAYABLE TO
16 SCHOOL DISTRICTS ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWELVE SHALL
17 BE PAYABLE PURSUANT TO THE PROVISIONS OF LAW IN EFFECT ON OR BEFORE SUCH
18 DATE.
19 S 2. This act shall take effect July 1, 2011.