Bill Text: NY S07996 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to foundation aid for school districts with a combined wealth ratio less than one.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-02 - REFERRED TO EDUCATION [S07996 Detail]

Download: New_York-2015-S07996-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7996
                    IN SENATE
                                      June 2, 2016
                                       ___________
        Introduced  by  Sen.  ROBACH -- 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 foundation aid
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The opening paragraph of subdivision 4 of section 3602 of
     2  the education law, as amended by section 7 of part A of  chapter  54  of
     3  the laws of 2016, is amended to read as follows:
     4    In  addition  to  any  other apportionment pursuant to this chapter, a
     5  school district, other than a special act school district as defined  in
     6  subdivision eight of section four thousand one of this chapter, shall be
     7  eligible  for total foundation aid equal to the product of total aidable
     8  foundation pupil units multiplied by the district's selected  foundation
     9  aid,  which shall be the greater of five hundred dollars ($500) or foun-
    10  dation formula aid, provided, however that for the two thousand  seven--
    11  two  thousand eight through two thousand eight--two thousand nine school
    12  years, no school district shall receive total foundation aid  in  excess
    13  of  the  sum of the total foundation aid base for aid payable in the two
    14  thousand seven--two thousand eight  school  year  computed  pursuant  to
    15  subparagraph (i) of paragraph j of subdivision one of this section, plus
    16  the  phase-in  foundation  increase  computed pursuant to paragraph b of
    17  this subdivision, and provided further that for the two thousand twelve-
    18  -two thousand thirteen school year, no  school  district  shall  receive
    19  total  foundation  aid  in excess of the sum of the total foundation aid
    20  base for aid payable in the two  thousand  eleven--two  thousand  twelve
    21  school  year  computed  pursuant  to subparagraph (ii) of paragraph j of
    22  subdivision one of this section, plus the phase-in  foundation  increase
    23  computed  pursuant  to  paragraph  b  of  this subdivision, and provided
    24  further that for the two thousand thirteen--two thousand fourteen school
    25  year and thereafter, no school district shall receive  total  foundation
    26  aid  in  excess  of  the  sum  of the total foundation aid base computed
    27  pursuant to subparagraph (ii) of paragraph j of subdivision one of  this
    28  section,  plus  the  phase-in  foundation  increase computed pursuant to
    29  paragraph b of this subdivision, and provided further that for  the  two
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15439-06-6

        S. 7996                             2
     1  thousand sixteen--two thousand seventeen school year, no eligible school
     2  districts shall receive total foundation aid in excess of the sum of the
     3  total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
     4  paragraph  j  of subdivision one of this section plus the sum of (A) the
     5  phase-in foundation increase, (B) the executive foundation increase with
     6  a minimum increase pursuant to paragraph b-2 of this subdivision,  [and]
     7  (C)  an  amount equal to "COMMUNITY SCHOOLS AID" in the computer listing
     8  produced by the commissioner in support of the executive budget  request
     9  for  the  two  thousand  sixteen--two thousand seventeen school year and
    10  entitled "BT161-7",  where  (1)  "eligible  school  district"  shall  be
    11  defined as a district with (a) an unrestricted aid increase of less than
    12  seven percent (0.07) and (b) a three year average free and reduced price
    13  lunch percent greater than fifteen percent (0.15), and (2) "unrestricted
    14  aid  increase"  shall mean the quotient arrived at when dividing (a) the
    15  sum of the executive foundation aid increase plus  the  gap  elimination
    16  adjustment  for  the  base year, by (b) the difference of foundation aid
    17  for the base year less the gap elimination adjustment for the base year,
    18  and (3) "executive foundation increase" shall mean the difference of (a)
    19  the amounts set forth for each school district as "FOUNDATION AID" under
    20  the heading "2016-17 ESTIMATED AIDS" in the school aid computer  listing
    21  produced  by the commissioner in support of the executive budget request
    22  for the two thousand sixteen--two thousand  seventeen  school  year  and
    23  entitled  "BT161-7"  less  (b)  the  amounts  set  forth for each school
    24  district as "FOUNDATION AID" under the heading "2015-16 BASE YEAR  AIDS"
    25  in  such  computer  listing,  or (c) any school district with a combined
    26  wealth ratio less than one (1.000) and where the  quotient  of  (a)  the
    27  amount  set forth for each school district as "Foundation Aid" under the
    28  heading "2015-16 BASE YEAR AIDS" in  the  school  aid  computer  listing
    29  produced  by the commissioner in support of the executive budget request
    30  for the two thousand sixteen--two thousand  seventeen  school  year  and
    31  entitled  "BT161-7"  divided  by  (b) Total Foundation Aid, is less than
    32  forty-five one hundredths (.45), and provided further that total founda-
    33  tion aid shall not be less than the product of the total foundation  aid
    34  base computed pursuant to paragraph j of subdivision one of this section
    35  and the due-minimum percent which shall be, for the two thousand twelve-
    36  -two  thousand  thirteen school year, one hundred and six-tenths percent
    37  (1.006) and for the two thousand thirteen--two thousand fourteen  school
    38  year  for  city  school  districts of those cities having populations in
    39  excess of one hundred twenty-five thousand and  less  than  one  million
    40  inhabitants  one  hundred  and one and one hundred and seventy-six thou-
    41  sandths percent (1.01176), and for all other districts one  hundred  and
    42  three-tenths  percent  (1.003),  and  for the two thousand fourteen--two
    43  thousand fifteen school year  one  hundred  and  eighty-five  hundredths
    44  percent (1.0085), and for the two thousand fifteen--two thousand sixteen
    45  school  year,  one  hundred  thirty-seven  hundredths  percent (1.0037),
    46  subject to allocation pursuant to the provisions of subdivision eighteen
    47  of this section and any provisions of a chapter of the laws of New  York
    48  as described therein, nor more than the product of such total foundation
    49  aid  base  and  one hundred fifteen percent, provided, however, that for
    50  the two thousand sixteen--two thousand seventeen school year such  maxi-
    51  mum  shall  (1) be no more than the sum of (i) the product of such total
    52  foundation aid base and one hundred fifteen percent plus (ii) the execu-
    53  tive foundation increase and plus (iii) "COMMUNITY SCHOOLS AID"  in  the
    54  computer  listing  produced by the commissioner in support of the execu-
    55  tive budget request for the two thousand sixteen--two thousand seventeen
    56  school year and entitled "BT161-7" and (2) except that the maximum shall

        S. 7996                             3
     1  not apply to any district with a  phase-in  foundation  increase  factor
     2  pursuant  to  subclause nine of clause (ii) of subparagraph two of para-
     3  graph b of this subdivision and provided further that for the two  thou-
     4  sand  nine--two  thousand  ten through two thousand eleven--two thousand
     5  twelve school years, each school district shall receive total foundation
     6  aid in an amount equal to the amount apportioned to such school district
     7  for the two thousand eight--two thousand nine school  year  pursuant  to
     8  this  subdivision.  Total aidable foundation pupil units shall be calcu-
     9  lated pursuant to paragraph g of subdivision two of  this  section.  For
    10  the  purposes  of  calculating aid pursuant to this subdivision, aid for
    11  the city school district of the city of New York shall be calculated  on
    12  a citywide basis.
    13    §  2. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4 of
    14  section 3602 of the education law, as amended by section 7 of part A  of
    15  chapter 54 of the laws of 2016, is amended to read as follows:
    16    (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
    17  eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
    18  increase  factor  shall  equal thirty-seven and one-half percent (0.375)
    19  and the phase-in due minimum percent shall equal nineteen and  forty-one
    20  hundredths  percent  (0.1941), for the two thousand twelve--two thousand
    21  thirteen school year the phase-in foundation increase factor shall equal
    22  one and seven-tenths percent (0.017), for the two thousand thirteen--two
    23  thousand fourteen school year the phase-in  foundation  increase  factor
    24  shall equal (1) for a city school district in a city having a population
    25  of  one  million  or  more,  five  and  twenty-three  hundredths percent
    26  (0.0523) or (2) for all other school districts zero percent, for the two
    27  thousand fourteen--two thousand fifteen school year the phase-in founda-
    28  tion increase factor shall equal (1) for a city  school  district  of  a
    29  city  having  a  population  of one million or more, four and thirty-two
    30  hundredths percent (0.0432) or (2) for a school district  other  than  a
    31  city  school  district  having  a  population of one million or more for
    32  which (A) the quotient of the  positive  difference  of  the  foundation
    33  formula aid minus the foundation aid base computed pursuant to paragraph
    34  j  of  subdivision one of this section divided by the foundation formula
    35  aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
    36  ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or
    37  (3) for all other  school  districts,  four  and  thirty-one  hundredths
    38  percent (0.0431), and for the two thousand fifteen--two thousand sixteen
    39  school year the phase-in foundation increase factor shall equal: (1) for
    40  a  city  school district of a city having a population of one million or
    41  more,  thirteen  and  two  hundred  seventy-four   thousandths   percent
    42  (0.13274);  or  (2)  for  districts  where  the quotient arrived at when
    43  dividing (A) the product of the total  aidable  foundation  pupil  units
    44  multiplied  by  the  district's  selected  foundation aid less the total
    45  foundation aid base computed pursuant to paragraph j of subdivision  one
    46  of  this section divided by (B) the product of the total aidable founda-
    47  tion pupil units multiplied by the district's selected foundation aid is
    48  greater than nineteen percent (0.19), and where the district's  combined
    49  wealth  ratio  is  less  than  thirty-three hundredths (0.33), seven and
    50  seventy-five hundredths percent (0.0775); or (3) for any other  district
    51  designated  as  high  need pursuant to clause (c) of subparagraph two of
    52  paragraph c of subdivision six  of  this  section  for  the  school  aid
    53  computer  listing produced by the commissioner in support of the enacted
    54  budget for the two thousand seven--two thousand eight  school  year  and
    55  entitled  "SA0708",  four  percent  (0.04);  or  (4)  for  a city school
    56  district in a city having a population of one hundred twenty-five  thou-

        S. 7996                             4
     1  sand  or more but less than one million, fourteen percent (0.14); or (5)
     2  for school districts that were designated as small city school districts
     3  or central school districts whose boundaries  include  a  portion  of  a
     4  small  city  for the school aid computer listing produced by the commis-
     5  sioner in support of the enacted budget for the two thousand  fourteen--
     6  two  thousand  fifteen school year and entitled "SA1415", four and seven
     7  hundred fifty-one thousandths percent (0.04751); or (6)  for  all  other
     8  districts  one  percent  (0.01),  and  for the two thousand sixteen--two
     9  thousand seventeen school  year  shall  equal  for  an  eligible  school
    10  district the greater of: (1) for a city school district in a city with a
    11  population  of  one million or more, seven and seven hundred eighty four
    12  thousandths percent (0.07784); or (2) for a city school  district  in  a
    13  city  with a population of more than two hundred fifty thousand but less
    14  than one million as of the most recent federal decennial  census,  seven
    15  and three hundredths percent (0.0703); or (3) for a city school district
    16  in  a  city with a population of more than two hundred thousand but less
    17  than two hundred fifty thousand as of the most recent federal  decennial
    18  census,  six  and  seventy-two hundredths percent (0.0672); or (4) for a
    19  city school district in a city  with  a  population  of  more  than  one
    20  hundred fifty thousand but less than two hundred thousand as of the most
    21  recent federal decennial census, six and seventy-four hundredths percent
    22  (0.0674);  or (5) for a city school district in a city with a population
    23  of more than one hundred twenty-five thousand but less than one  hundred
    24  fifty  thousand as of the most recent federal decennial census, nine and
    25  fifty-five hundredths percent (0.0955); or (6) for school districts that
    26  were designated  as  small  city  school  districts  or  central  school
    27  districts  whose  boundaries  include  a portion of a small city for the
    28  school aid computer listing produced by the commissioner in  support  of
    29  the  enacted  budget for the two thousand fourteen--two thousand fifteen
    30  school year and entitled "SA141-5" with a  combined  wealth  ratio  less
    31  than  one and four tenths (1.4), nine percent (0.09), provided, however,
    32  that for such districts that are also districts designated as high  need
    33  urban-suburban pursuant to clause (c) of subparagraph two of paragraph c
    34  of  subdivision  six of this section for the school aid computer listing
    35  produced by the commissioner in support of the enacted  budget  for  the
    36  two   thousand  seven--two  thousand  eight  school  year  and  entitled
    37  "SA0708", nine  and  seven  hundred  and  nineteen  thousandths  percent
    38  (0.09719);  or  (7)  for  school districts designated as high need rural
    39  pursuant to clause (c) of subparagraph two of paragraph c of subdivision
    40  six of this section for the school aid computer listing produced by  the
    41  commissioner  in  support  of  the  enacted  budget for the two thousand
    42  seven--two thousand eight school year and  entitled  "SA0708",  thirteen
    43  and  six  tenths percent (0.136); or (8) for school districts designated
    44  as high need urban-suburban pursuant to clause (c) of  subparagraph  two
    45  of  paragraph  c  of  subdivision six of this section for the school aid
    46  computer listing produced by the commissioner in support of the  enacted
    47  budget  for  the  two thousand seven--two thousand eight school year and
    48  entitled "SA0708", seven hundred nineteen thousandths percent (0.00719);
    49  or (9) for any school district whose Foundation Aid increase for the two
    50  thousand seven--two thousand eight school year was reduced by the  maxi-
    51  mum  amount  allowed  and  with  a  combined  wealth ratio less than one
    52  (1.000) and where the quotient of (A) the  amount  set  forth  for  each
    53  school district as "Foundation Aid" under the heading "2015-16 BASE YEAR
    54  AIDS" in the school aid computer listing produced by the commissioner in
    55  support  of  the executive budget request for the two thousand sixteen--
    56  two thousand seventeen school year and entitled "BT161-7" divided by (B)

        S. 7996                             5
     1  Total Foundation Aid, is less  than  forty-five  one  hundredths  (.45),
     2  twelve and twenty-one hundredths percent (0.1221); or (10) for all other
     3  eligible  school  districts, forty-seven hundredths percent (0.0047) and
     4  for  the  two  thousand seventeen--two thousand eighteen school year and
     5  thereafter the commissioner shall annually determine the phase-in  foun-
     6  dation  increase factor subject to allocation pursuant to the provisions
     7  of subdivision eighteen of this section and any provisions of a  chapter
     8  of the laws of New York as described therein.
     9    §  3.  This  act  shall  take effect July 1, 2017, notwithstanding the
    10  provisions of paragraph c of subdivision 5 of section 3604 of the educa-
    11  tion law; provided, however, that if section 7 of part A of  chapter  54
    12  of  the  laws of 2016 shall not have taken effect on or before such date
    13  then sections one and two of this act shall take effect on the same date
    14  and in the same manner as such chapter of the laws of 2016 takes effect.
feedback