S T A T E   O F   N E W   Y O R K
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                                  3839

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of A. MAGNARELLI, EDDINGTON, DESTITO, STIRPE, MAGEE,
  LIFTON, GUNTHER -- Multi-Sponsored by -- M.  of  A.  BOYLAND,  CAMARA,
  CHRISTENSEN, JAFFEE, SEMINERIO, TOWNS -- read once and referred 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, 2010

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

  Section 1. The education law is amended by adding a new section 3602-a
to read as follows:
  S 3602-A. APPORTIONMENT OF PUBLIC MONIES TO SCHOOL DISTRICTS EMPLOYING
EIGHT  OR  MORE  TEACHERS  FOR  SCHOOL YEARS BEGINNING ON AND AFTER JULY
FIRST, TWO THOUSAND TEN. 1. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
CHAPTER OR ANY OTHER PROVISIONS OF LAW,  EACH  SCHOOL  DISTRICT  OF  THE
STATE  EMPLOYING  EIGHT OR MORE TEACHERS SHALL RECEIVE ITS APPORTIONMENT
OF PUBLIC MONEY PAYABLE DURING THE SCHOOL YEAR  COMMENCING  JULY  FIRST,
TWO  THOUSAND TEN AND DURING ALL SUBSEQUENT SCHOOL YEARS PURSUANT TO THE
PROVISIONS OF THIS SECTION AND IN LIEU  OF  ANY  APPORTIONMENTS  PAYABLE
UNDER  ANY  OTHER SECTION OF LAW OTHER THAN ANY SUCH APPORTIONMENTS THAT
MAY BE PAYABLE TO SUCH DISTRICT PURSUANT TO SECTION  THIRTY-SIX  HUNDRED
TWO  OF THIS ARTICLE FOR SCHOOL LUNCHES, CONSTRUCTION AND REHABILITATION
OF BUILDINGS, UNIVERSAL PRE-KINDERGARTEN PROGRAMS, SERVICES OR  PROGRAMS
PROVIDED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHARED SERVICES
OR  PROGRAMS OF ELIGIBLE DISTRICTS THAT ARE NOT COMPONENTS OF A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, EDUCATION  OF  INDIAN  CHILDREN  OF  A
RESERVATION  UNDER  A  CONTRACT WITH THE STATE, EDUCATION OF PUPILS FROM
THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES,  EDUCA-
TION  OF  INCARCERATED  YOUTH, EDUCATION OF HOMELESS AND RUNAWAY PUPILS,
EDUCATION OF PUPILS IN APPROVED PRIVATE SCHOOL PLACEMENTS  OR  IN  STATE
OPERATED  SCHOOLS,  THE  SUMMER  COMPONENT  OF TWELVE MONTH PROGRAMS FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02136-02-9
              

A. 3839                             2

STUDENTS WITH DISABILITIES, OR MATERIALS AND SERVICES PROVIDED TO PUPILS
ATTENDING BOTH PUBLIC AND PRIVATE SCHOOLS TO THE EXTENT THAT  THE  STATE
PROVIDES  AID  FOR  SUCH  MATERIALS  OR SERVICES ON A COST REIMBURSEMENT
BASIS.
  2.  AS  USED  IN  THIS SECTION, ANY TERM DEFINED IN SUBDIVISION ONE OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE AND  THE  COMPUTATION  OF
WHICH  IS PROVIDED FOR IN SUBDIVISION TWO OF SUCH SECTION SHALL HAVE THE
SAME MEANING GIVEN TO IT BY SUCH SUBDIVISION ONE AND SHALL  BE  COMPUTED
AS  PROVIDED  FOR  IN  SUCH SUBDIVISION TWO. AS USED IN THIS SECTION THE
FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
  A. "SOUND BASIC EDUCATION" SHALL  MEAN  AN  EDUCATIONAL  PROGRAM  THAT
ADEQUATELY  PREPARES  STUDENTS FOR THE WORKFORCE AND FOR THEIR RESPONSI-
BILITIES AS CITIZENS. SUCH AN EDUCATIONAL PROGRAM SHALL CONSIST OF (1) A
BASIC OPERATIONS COMPONENT AND (2) AN EXTRAORDINARY NEEDS COMPONENT.
  B. "STATEWIDE COST PER PUPIL OF THE BASIC OPERATIONS  COMPONENT  OF  A
SOUND  BASIC  EDUCATION",  FOR ANY PARTICULAR SCHOOL YEAR, SHALL MEAN AN
AMOUNT EQUAL TO NINE THOUSAND DOLLARS TIMES  THE  NUMBER  DETERMINED  BY
DIVIDING THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE CALEN-
DAR  YEAR PRECEDING THE COMMENCEMENT OF SUCH SCHOOL YEAR BY THE CONSUMER
PRICE INDEX FOR THE TWO THOUSAND NINE CALENDAR YEAR, UNLESS THE  COMMIS-
SIONER  HAS  DETERMINED THAT THE STATEWIDE AVERAGE AMOUNT PER PUPIL THAT
IS NECESSARY TO PROVIDE THE BASIC OPERATIONS COMPONENT OF A SOUND  BASIC
EDUCATION  FOR  ANY  SCHOOL YEAR COMMENCING SIX MONTHS OR MORE AFTER THE
MAKING OF SUCH A DETERMINATION IS A GREATER AMOUNT, IN WHICH  CASE,  THE
STATEWIDE  COST  PER  PUPIL OF THE BASIC OPERATIONS COMPONENT OF A SOUND
BASIC EDUCATION FOR SUCH SCHOOL YEAR SHALL BE SUCH GREATER AMOUNT.
  C. "STATEWIDE COST PER EXTRAORDINARY NEEDS PUPIL UNIT OF THE  EXTRAOR-
DINARY  NEEDS  COMPONENT OF A SOUND BASIC EDUCATION", FOR ANY PARTICULAR
SCHOOL YEAR, SHALL MEAN AN AMOUNT EQUAL TO THREE  THOUSAND  ONE  HUNDRED
FIFTY DOLLARS TIMES THE NUMBER DETERMINED BY DIVIDING THE CONSUMER PRICE
INDEX  FOR  ALL  URBAN  CONSUMERS  FOR  THE  CALENDAR YEAR PRECEDING THE
COMMENCEMENT OF SUCH SCHOOL YEAR BY THE CONSUMER PRICE INDEX FOR THE TWO
THOUSAND NINE CALENDAR YEAR, UNLESS THE COMMISSIONER HAS DETERMINED THAT
THE STATEWIDE AVERAGE AMOUNT PER EXTRAORDINARY NEEDS PUPIL UNIT, THAT IS
NECESSARY TO PROVIDE THE ADDITIONAL EDUCATIONAL  SERVICES  NECESSARY  TO
ENSURE THAT SUCH EXTRAORDINARY NEEDS PUPILS RECEIVE A SOUND BASIC EDUCA-
TION  FOR ANY SCHOOL YEAR COMMENCING SIX MONTHS OR MORE AFTER THE MAKING
OF SUCH A DETERMINATION IS A GREATER AMOUNT, IN WHICH CASE THE STATEWIDE
COST PER EXTRAORDINARY NEEDS  PUPIL  UNIT  OF  THE  EXTRAORDINARY  NEEDS
COMPONENT  OF A SOUND BASIC EDUCATION FOR SUCH SCHOOL YEAR SHALL BE SUCH
GREATER AMOUNT.
  D. "ADJUSTED AVERAGE DAILY MEMBERSHIP" SHALL MEAN THE  AVERAGE  NUMBER
OF  STUDENTS  RECEIVING  THEIR EDUCATIONAL PROGRAM AT A DISTRICT EXPENSE
WITH HALF-DAY KINDERGARTEN WEIGHTED AT 0.50.
  E. "AIDABLE PUPIL COUNT" SHALL BE (1) ONE-HALF THE SUM OF (I) ADJUSTED
AVERAGE DAILY ATTENDANCE AS  COMPUTED  PURSUANT  TO  SECTION  THIRTY-SIX
HUNDRED  TWO OF THIS ARTICLE AND (II) ADJUSTED AVERAGE DAILY MEMBERSHIP,
PLUS (2) TWELVE PERCENT OF THE  NUMBER  OF  SUMMER  SESSION  PUPILS,  AS
DEFINED  IN PARAGRAPH G OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS ARTICLE.
  F. "COST ADJUSTMENT FACTOR" FOR A SCHOOL DISTRICT SHALL MEAN  (1)  THE
IMPLICIT  GEOGRAPHIC COST OF EDUCATION INDEX AS CALCULATED BY THE AMERI-
CAN INSTITUTES OF RESEARCH AND MANAGEMENT ANALYSIS AND  PLANNING,  INC.,
FOR USE IN "THE NEW YORK ADEQUACY STUDY: DETERMINING THE COST OF PROVID-
ING  ALL  CHILDREN  IN NEW YORK AN ADEQUATE EDUCATION," WITH THOSE INDEX
NUMBERS DIVIDED BY (2) THE WEIGHTED AVERAGE INDEX NUMBER FOR ALL  SCHOOL

A. 3839                             3

DISTRICTS IN THE STATE. THE WEIGHTED AVERAGE INDEX NUMBER FOR ALL SCHOOL
DISTRICTS  IN  THE  STATE SHALL BE DETERMINED BY DIVIDING (A) THE SUM OF
THE NUMBERS DETERMINED BY MULTIPLYING (I) EACH DISTRICT'S IMPLICIT INDEX
NUMBER BY (II) SUCH DISTRICTS AIDABLE PUPIL COUNT DIVIDED BY (B) THE SUM
OF THE AIDABLE PUPIL COUNTS FOR ALL DISTRICTS IN THE STATE.
  G. "DISTRICT'S COST OF THE BASIC OPERATIONS COMPONENT OF A SOUND BASIC
EDUCATION" SHALL BE DETERMINED BY MULTIPLYING (1) THE STATEWIDE COST PER
PUPIL  OF  THE  BASIC OPERATIONS COMPONENT OF A SOUND BASIC EDUCATION BY
(2) THE DISTRICT'S COST ADJUSTMENT FACTOR BY (3) THE DISTRICT'S  AIDABLE
PUPIL COUNT.
  H.  "DISTRICT'S  COST  OF THE EXTRAORDINARY NEEDS COMPONENT OF A SOUND
BASIC EDUCATION" SHALL BE DETERMINED BY MULTIPLYING  (1)  THE  STATEWIDE
COST  PER  EXTRAORDINARY  NEEDS  PUPIL  UNIT  OF THE EXTRAORDINARY NEEDS
COMPONENT OF A SOUND BASIC EDUCATION BY (2) THE DISTRICT'S COST  ADJUST-
MENT  FACTOR  BY (3) THE DISTRICT'S EXTRAORDINARY NEEDS COUNT AS DEFINED
IN PARAGRAPH S OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO  OF
THIS ARTICLE DIVIDED BY THE DISTRICT'S COMBINED WEALTH RATIO.
  I.  "FEDERAL  AID  FOR  BASIC  OPERATIONS"  SHALL  MEAN THE SUM OF THE
ASSISTANCE PROVIDED BY THE  FEDERAL  GOVERNMENT  TO  A  SCHOOL  DISTRICT
DURING THE BASE YEAR PURSUANT TO THE SCHOOLS IN FEDERALLY AFFECTED AREAS
PROGRAM AND THE INDIVIDUALS WITH DISABILITIES ACT AND SUCH OTHER FEDERAL
PROGRAMS  AS  SHALL  BE  DETERMINED  BY  THE COMMISSIONER TO SUPPORT THE
PROVISION OF THE BASIC OPERATIONS COMPONENT OF A SOUND BASIC EDUCATION.
  J. "COMPREHENSIVE OPERATING AID FOR THE SCHOOL  YEAR  COMMENCING  JULY
FIRST,  TWO  THOUSAND NINE" SHALL MEAN THE SUM OF ALL AID APPORTIONED TO
SUCH DISTRICT FOR SUCH SCHOOL YEAR PURSUANT TO THE PROVISIONS OF  SUBDI-
VISIONS  TWELVE,  THIRTEEN,  FIFTEEN  AND  SIXTEEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE AND SUBDIVISIONS ONE, TWO, THREE, EIGHT  AND
NINE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
  K. "DISTRICT MINIMUM REQUIRED CONTRIBUTION" SHALL BE THE LESSER OF (1)
THIRTEEN  DOLLARS  FOR  EACH ONE THOUSAND OF THE DISTRICT'S ACTUAL VALU-
ATION AS DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE OR (2) THE AMOUNT  COMPUTED  BY  SUBTRACTING
(I)  THE  SUM  OF (A) THE DISTRICT'S COMPREHENSIVE OPERATING AID FOR THE
SCHOOL YEAR COMMENCING JULY FIRST, TWO THOUSAND NINE AND (B) THE FEDERAL
AID RECEIVED BY SUCH SCHOOL DISTRICT FOR BASIC OPERATIONS FROM (II)  THE
SUM  OF  (A)  THE DISTRICT'S COST OF THE BASIC OPERATIONS COMPONENT OF A
SOUND BASIC EDUCATION AND (B) THE DISTRICT'S COST OF  THE  EXTRAORDINARY
NEEDS COMPONENT OF A SOUND BASIC EDUCATION.
  3.  A.  THE  APPORTIONMENT  OF  PUBLIC  MONEY  PAYABLE  TO EACH SCHOOL
DISTRICT FOR COMPREHENSIVE OPERATING AID SHALL BE THE GREATER OF (A) THE
AMOUNT COMPUTED BY SUBTRACTING (1) THE SUM OF (I) THE DISTRICT'S MINIMUM
REQUIRED CONTRIBUTION AND (II) THE  DISTRICT'S  FEDERAL  AID  FOR  BASIC
OPERATIONS  FROM  (2)  THE  SUM  OF (I) THE DISTRICT'S COST OF THE BASIC
OPERATIONS COMPONENT OF A SOUND BASIC EDUCATION AND (II) THE  DISTRICT'S
COST OF THE EXTRAORDINARY NEEDS COMPONENT OF A SOUND BASIC EDUCATION, OR
(B)  AN  AMOUNT  EQUAL TO THE DISTRICT'S COMPREHENSIVE OPERATING AID FOR
THE SCHOOL YEAR COMMENCING JULY  FIRST,  TWO  THOUSAND  NINE,  PROVIDED,
HOWEVER, THAT FOR THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND
TEN,  JULY  FIRST,  TWO  THOUSAND  ELEVEN,  AND JULY FIRST, TWO THOUSAND
TWELVE, THE FOLLOWING TRANSITION ADJUSTMENTS SHALL APPLY:
  A. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
FIRST, TWO THOUSAND TEN SHALL NOT EXCEED  THE  SUM  OF  THAT  DISTRICT'S
COMPREHENSIVE  OPERATING  AID FOR THE SCHOOL YEAR COMMENCING JULY FIRST,
TWO THOUSAND NINE PLUS TWENTY-FIVE PERCENT  OF  THE  DIFFERENCE  BETWEEN
THAT AMOUNT AND THE APPORTIONMENT THAT WOULD BE PAYABLE TO SUCH DISTRICT

A. 3839                             4

IN THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND TEN IF IT WERE
NOT FOR THIS TRANSITION ADJUSTMENT.
  B. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
FIRST,  TWO  THOUSAND ELEVEN SHALL NOT EXCEED THE SUM OF THAT DISTRICT'S
COMPREHENSIVE OPERATING AID FOR THE SCHOOL YEAR COMMENCING  JULY  FIRST,
TWO  THOUSAND  NINE  PLUS  FIFTY  PERCENT OF THE DIFFERENCE BETWEEN THAT
AMOUNT AND THE APPORTIONMENT THAT WOULD BE PAYABLE TO SUCH  DISTRICT  IN
THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND ELEVEN IF IT WERE
NOT FOR THIS TRANSITION ADJUSTMENT.
  C. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
FIRST,  TWO  THOUSAND TWELVE SHALL NOT EXCEED THE SUM OF THAT DISTRICT'S
COMPREHENSIVE OPERATING AID FOR THE SCHOOL YEAR COMMENCING  JULY  FIRST,
TWO  THOUSAND  NINE  PLUS SEVENTY-FIVE PERCENT OF THE DIFFERENCE BETWEEN
THAT AMOUNT AND THE APPORTIONMENT THAT WOULD BE PAYABLE TO SUCH DISTRICT
IN THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND TWELVE  IF  IT
WERE NOT FOR THIS TRANSITION ADJUSTMENT.
  B.  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION, ALL AID PAYABLE TO
SCHOOL DISTRICTS ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND TEN SHALL  BE
PAYABLE  PURSUANT  TO  THE PROVISIONS OF LAW IN EFFECT ON OR BEFORE SUCH
DATE.
  S 2. This act shall take effect July 1, 2010.