S T A T E   O F   N E W   Y O R K
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                                  4730

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 18, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 the  apportionment  of
  state assistance to school districts for school years commencing on or
  after July 1, 2011

  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 ELEVEN. 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 ELEVEN 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 FOR PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  EDUCATION  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 STUDENTS WITH
DISABILITIES,  OR  MATERIALS  AND  SERVICES PROVIDED TO PUPILS ATTENDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03269-02-1

              

S. 4730                             2

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  ELEVEN  CALENDAR  YEAR,  UNLESS  THE
COMMISSIONER  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 ELEVEN 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  NECES-
SARY  TO  ENSURE  THAT  SUCH  EXTRAORDINARY NEEDS PUPILS RECEIVE 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 EXTRAORDINARY NEEDS PUPIL UNIT  OF  THE  EXTRAOR-
DINARY  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
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

S. 4730                             3

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  ELEVEN  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  COMPO-
NENT  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 ELEVEN, PROVIDED,
HOWEVER, THAT FOR THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND
TWELVE, JULY FIRST, TWO THOUSAND THIRTEEN, AND JULY FIRST, TWO  THOUSAND
FOURTEEN, THE FOLLOWING TRANSITION ADJUSTMENTS SHALL APPLY:
  A. 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  ELEVEN PLUS TWENTY-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.

S. 4730                             4

  B. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
FIRST, TWO THOUSAND THIRTEEN SHALL NOT EXCEED THE SUM OF THAT DISTRICT'S
COMPREHENSIVE  OPERATING  AID FOR THE SCHOOL YEAR COMMENCING JULY FIRST,
TWO THOUSAND ELEVEN 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  THIRTEEN  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 FOURTEEN SHALL NOT EXCEED THE SUM OF THAT DISTRICT'S
COMPREHENSIVE  OPERATING  AID FOR THE SCHOOL YEAR COMMENCING JULY FIRST,
TWO THOUSAND ELEVEN 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 FOURTEEN 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 TWELVE  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, 2011.