NY State Assembly Bill 2009-A8695

Assembly Bill A8695

2009-2010 Legislative Session

Amends the education law, in relation to adjusting the maintenance amount for the city school district of the city of New York

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Jun 03, 2009	referred to education

co-Sponsors

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multi-Sponsors

2009-A8695 (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §2576, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1779
2013-2014: A703
2015-2016: A675
2017-2018: A4193
2019-2020: A947
2021-2022: A1564
2023-2024: A350

2009-A8695 (ACTIVE) - Summary

Adjusts the maintenance amount for the city school district of the city of New York; adjusted to reflect the consumer price index for all urban consumers in the New York-Northern New Jersey-Long Island portion of the New York-Northern New Jersey-Long Island, New York-New Jersey-Pennsylvania Metropolitan Statistical Area, as such is defined by the United States Department of Labor.

2009-A8695 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8695

TITLE  OF  BILL:    An  act  to  amend the education law, in relation to
adjusting the maintenance amount for the city  school  district  of  the
city of New York

PURPOSE  OR  GENERAL  IDEA  OF  BILL:  This bill will update and clarify
existing provisions of the education law to ensure that adequate funding
is provided and maintained for New York City public schools.

SUMMARY OF SPECIFIC PROVISIONS:   Section  one  amends  paragraph  b  of
subdivision 5-a of section 2576 of the education law. It stipulates that
the city's appropriation must be adjusted to reflect the five year roll-
ing  average  percentage  change  in the New York City Metropolitan Area
Regional Consumer Price Index (CPI). This section reiterates the City of
New York's (City)  obligation  to  contribute  $2,200,000,000  of  "city
funds" in excess of the total amount of 2006-07 expenditures pursuant to
section 13-a of part B of chapter 57 of the laws of 2007. Such an appro-
priation must not include city payments to bond or note holders for debt
service or payments for employee pension benefits.

Section two sets out the effective date.

JUSTIFICATION:    First,  when  the  mayoral  control law was enacted, a
cornerstone of the agreement stipulated that the mayor had to commit  to
maintain  annual  funding levels for public schools. This maintenance of

effort (MOE) requirement means that the City must spend at least as much
money as it spent the preceding year, not including costs  for  pensions
and  debt  service.  However,  due  to inflation and the rising costs of
providing an adequate education as mandated by the  State  constitution,
the  current  MOE  does  not meet these goals. By including an inflation
factor that reflects the average costs in the New York City metropolitan
area over 5 years as part of the MOE, this provision will better reflect
actual costs and better achieve the purpose of maintaining programs  and
services from years to year.

Second,  when  the  Campaign  for  Fiscal Equity v. State New York (CFE)
court decision was settled by the State in the enacted 2007 budget,  the
State  required  the  City to add $2.2 billion over the 2006-07 baseline
year to its yearly spending by the conclusion of a phase-in  period.  To
ensure  that  the CFE funds are delivered, this provision reiterates the
City's obligation as provided in the laws of 2007 and  explicitly  links
payment of the City's $2.2 billion contribution to the MOE by the end of
the  phase-in  period. These funds, like all MOE funds, will not include
payments for pensions and debt service. This provision will ensure  that
ALL  these  funds  will  go  to  the classroom to fund the State consti-
tution's sound basic education requirement as established in CFE.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately; provided, howev-
er, that the amendments to paragraph b of  subdivision  5-1  of  section
2576  of  the education law as made by section one of this act shall not
affect the repeal of such subdivision and shall be deemed repealed ther-
ewith.

2009-A8695 (ACTIVE) - Bill Text download pdf

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

                                  8695

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, BRENNAN, MILLMAN, HEASTIE, MAISEL,
  BENEDETTO,  WEPRIN,  POWELL,  MENG,  DINOWITZ,  JEFFRIES,   O'DONNELL,
  LENTOL,  CRESPO, KELLNER, WRIGHT, LANCMAN -- read once and referred to
  the Committee on Education

AN ACT to amend the education law, in relation to adjusting the  mainte-
  nance amount for the city school district of the city of New York

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

  Section 1. Paragraph b of subdivision  5-a  of  section  2576  of  the
education law, as added by chapter 91 of the laws of 2002, is amended to
read as follows:
  b. The city amount shall not be less than the city amount appropriated
in the base year as determined at the time of adoption of the budget for
the ensuing fiscal year[. Provided, however, in] ADJUSTED TO REFLECT THE
FIVE  YEAR AVERAGE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL
URBAN CONSUMERS IN THE NEW YORK-NORTHERN NEW JERSEY-LONG ISLAND  PORTION
OF   THE   NEW   YORK-NORTHERN  NEW  JERSEY-LONG  ISLAND,  NEW  YORK-NEW
JERSEY-PENNSYLVANIA METROPOLITAN STATISTICAL AREA, (CPI-U)  AS  SUCH  IS
DEFINED BY THE UNITED STATES DEPARTMENT OF LABOR AND TO INCLUDE AN ADDI-
TIONAL  TWO  BILLION  TWO HUNDRED MILLION DOLLARS IN EXCESS OF THE TOTAL
AMOUNT OF EXPENDITURES FOR THE TWO THOUSAND SIX--TWO THOUSAND SEVEN BASE
YEAR PURSUANT TO SECTION THIRTEEN-A OF PART B OF CHAPTER FIFTY-SEVEN  OF
THE  LAWS  OF  TWO  THOUSAND  SEVEN,  SUBJECT  TO THE PROVISIONS OF THIS
SECTION. IN ACCORDANCE WITH SUBPARAGRAPH (II) OF  PARAGRAPH  A  OF  THIS
SUBDIVISION,  THE  CITY  OF  NEW  YORK'S CONTRIBUTION OF TWO BILLION TWO
HUNDRED MILLION DOLLARS, PURSUANT TO SECTION THIRTEEN-A  OF  PART  B  OF
CHAPTER  FIFTY-SEVEN OF THE LAWS OF TWO THOUSAND SEVEN SHALL NOT INCLUDE
CITY PAYMENTS TO BOND OR NOTE HOLDERS FOR DEBT SERVICE OR  PAYMENTS  FOR
EMPLOYEE  PENSION BENEFITS.  IN the event the total amount of city funds
relied upon to balance such budget is lower than  the  total  amount  of
city  funds  appropriated  in  the  base year, determined at the time of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14101-02-9

A. 8695                             2

adoption of such budget, the city amount may be reduced  by  up  to  the
same percentage as the overall percentage decrease in city funds between
the base year and the ensuing fiscal year.
  S  2.  This  act shall take effect immediately; provided however, that
the amendments to paragraph b of subdivision 5-a of section 2576 of  the
education  law  as  made by section one of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith.

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Assembly Bill A8695

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Sponsored By

ROSENTHAL

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

James F. Brennan

Joan Millman

Carl Heastie

Alan Maisel

multi-Sponsors

Herman D. Farrell

Deborah Glick

Audrey Pheffer

William Scarborough

2009-A8695 (ACTIVE) - Details

2009-A8695 (ACTIVE) - Summary

2009-A8695 (ACTIVE) - Sponsor Memo

2009-A8695 (ACTIVE) - Bill Text download pdf

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