S T A T E   O F   N E W   Y O R K
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                                  2634

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to the employment  prepa-
  ration education apportionment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph e of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 15 of part B of chapter 57 of  the  laws
of 2007, is amended to read as follows:
  e.  Employment preparation education apportionment. In addition to any
other aid payable under this section, the apportionment pursuant to this
subdivision shall be the product obtained when the  employment  prepara-
tion  education  hours  are multiplied by the aid per contact hour which
shall equal the product of the employment preparation program aid  ceil-
ing  and  the employment preparation education aid ratio computed to two
decimals, rounded, as calculated based on data on file with the  commis-
sioner on May fifteenth of the base year. Notwithstanding the provisions
of  section  thirty-six hundred nine-a of this part, the payment of such
apportionment shall be based upon reports required by  the  commissioner
for  the  periods  ending  December thirty-first, MARCH THIRTY-FIRST and
June thirtieth of each school year; payments  for  the  first  reporting
period shall be made after April first, based on claims on file by March
first,  provided  that  the  total of all such payments shall not exceed
twenty-five percent of  the  amount  for  such  school  year,  with  the
approved amount of such claims reduced on a pro rata basis if necessary;
PAYMENTS FOR THE SECOND REPORTING PERIOD SHALL BE MADE AFTER JULY FIRST,
BASED  ON CLAIMS ON FILE BY MAY THIRTY-FIRST, PROVIDED THAT THE TOTAL OF
ALL SUCH PAYMENTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE AMOUNT OF
SUCH CLAIMS INCLUDING THE REMAINDER OF ANY  CLAIMS  DUE  FOR  THE  FIRST
PERIOD,  WITH  THE  APPROVED AMOUNT OF SUCH CLAIMS REDUCED ON A PRO RATA
SHARE IF NECESSARY; the remainder of any  payments  due  for  the  first

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01845-01-9
              

A. 2634                             2

[period]  AND  SECOND  PERIODS plus any payments due for the rest of the
school year shall be paid after October first, based on claims  on  file
by  September  fifteenth, provided that the total of such payments shall
not  exceed the total amount of ninety-six million dollars ($96,000,000)
for such school year, with the approved amount of such claims reduced on
a pro rata basis if necessary, provided that the total of  such  payment
for services provided to persons who received a high school diploma or a
high  school  equivalency diploma recognized by New York state shall not
exceed the total amount set aside for such purpose pursuant to paragraph
a-one of this subdivision in any such school  year,  with  the  approved
amount  of such claims reduced on a pro rata basis if necessary; and aid
paid pursuant to this paragraph shall not be included in the computation
of the district expenditure need as defined in such  section  thirty-six
hundred nine-a of this part. The employment preparation education appor-
tionment  for  the city school district of the city of New York shall be
computed only for the city as a whole.
  S 2. This act shall take effect immediately.