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
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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.