S T A T E O F N E W Y O R K
________________________________________________________________________
3289
2013-2014 Regular Sessions
I N A S S E M B L Y
January 24, 2013
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Introduced by M. of A. TENNEY, BLANKENBUSH -- Multi-Sponsored by -- M.
of A. BARCLAY, CROUCH, McLAUGHLIN, PALMESANO -- read once and referred
to the Committee on Education
AN ACT to amend the education law, in relation to removing any portion
of incentive operating aid from the gap elimination adjustment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 2 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03371-01-3
A. 3289 2
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year. For
purposes of this paragraph, the "gap elimination adjustment percentage"
shall be calculated as the sum of one minus the quotient of the sum of
the school district's net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten, making appropriations for the support of
government, plus the school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand eleven, making appropriations
for the support of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of two thou-
sand eleven, making appropriations for the local assistance budget,
including support for general support for public schools. Provided,
further, that such amount shall be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school year or to support new or expanded allowable
programs and activities in the current year. PROVIDED, HOWEVER, THAT THE
GAP ELIMINATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION OF FUNDS
RECEIVED THROUGH INCENTIVE OPERATING AID PURSUANT TO SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER.
S 2. Paragraph cc of subdivision 1 of section 3602 of the education
law, as added by section 25 of part A of chapter 58 of the laws of 2011,
is amended to read as follows:
cc. "Gap elimination adjustment percentage" shall mean the quotient of
the gap elimination adjustment amount set forth for each school district
as "GAP ELIMINATION ADJUSTMENT" under the heading "2011-12 ESTIMATED
AIDS" in the school aid computer listing produced by the commissioner in
support of the enacted budget for the two thousand eleven--two thousand
twelve school year and entitled "SA111-2", divided by the statewide
total of all such gap elimination adjustment amounts set forth for all
districts in such school aid computer listing. PROVIDED, HOWEVER, THAT
THE GAP ELIMINATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION OF
FUNDS RECEIVED THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS SECTION.
S 3. Paragraphs a, c and the opening paragraph of paragraph b of
subdivision 17 of section 3602 of the education law, paragraph a and the
opening paragraph of paragraph b as added by section 37 of part A of
chapter 58 of the laws of 2011 and paragraph c as amended by section 6
of part A of chapter 57 of the laws of 2012, are amended to read as
follows:
a. Notwithstanding any other provision of law to the contrary, the
commissioner shall reduce payments due to each district for the two
thousand eleven--two thousand twelve school year and thereafter pursuant
to section thirty-six hundred nine-a of this article by an amount equal
to the gap elimination adjustment computed for such district, and such
amount shall be deducted from moneys apportioned for the purposes of
payments made pursuant to such section thirty-six hundred nine-a and if
the reduction is greater than the sum of the amounts available for such
deductions, the remainder of the reduction shall be withheld from
payments scheduled to be made to the district pursuant to section thir-
ty-six hundred nine-a for the following school year, and provided
further that an amount equal to the amount of such deduction shall be
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deemed to have been paid to the district pursuant to this section for
the school year in which such deduction is made. The commissioner shall
compute such gap elimination adjustment and shall provide a schedule of
such reduction in payments to the state comptroller, the director of the
budget, the chair of the senate finance committee and the chair of the
assembly ways and means committee. PROVIDED HOWEVER, THAT THE GAP ELIMI-
NATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION OF FUNDS RECEIVED
THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS SECTION.
The gap elimination adjustment for the two thousand eleven--two thou-
sand twelve school year shall be computed as follows, PROVIDED HOWEVER,
THAT THE GAP ELIMINATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION
OF FUNDS RECEIVED THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS
SECTION, based on an updated electronic [date] DATA file containing
actual and estimated data relating to apportionments due and owing
during the current school year and projections of such apportionments
for the following school year to school districts and boards of cooper-
ative educational services from the general support for public schools,
growth and boards of cooperative educational services appropriations
produced pursuant to paragraph b of subdivision twenty-one of section
three hundred five of this chapter on February fifteenth of the base
year. The gap elimination adjustment for a district shall equal the
lesser of the district's percentage reduction and its TGFE check,
provided, however, that in the case of a district with a tax effort
ratio greater than four percent (0.04) and a combined wealth ratio for
total foundation aid computed pursuant to subparagraph two of paragraph
c of subdivision three of this section that is less than one and five-
tenths (1.5), the gap elimination adjustment for a district shall equal
the lesser of the percentage reduction, the TGFE check and the tax
effort reduction, and further provided that in the case of a school
district, other than a city school district of a city having a popu-
lation in excess of one hundred twenty-five thousand, with (A) an admin-
istrative efficiency ratio of less than one and eight-tenths percent
(0.018) and (B) an administrative expense per pupil of less than three
hundred forty-eight dollars ($348), the gap elimination adjustment shall
be reduced by an amount equal to the administrative efficiency restora-
tion, and further provided that, where applicable, the gap elimination
adjustment shall be reduced by an amount equal to the sum of the needs-
based restoration plus the low wealth-high tax effort restoration plus
the enrollment adjustment award.
c. The gap elimination adjustment for the two thousand twelve--two
thousand thirteen school year and thereafter shall be equal to the gap
elimination adjustment for the base year, plus, in any year in which the
preliminary growth amount exceeds the allowable growth amount, the prod-
uct of the gap elimination adjustment percentage for such district and
the positive difference, if any, between the preliminary growth amount
less the allowable growth amount, as computed pursuant to subdivision
one of this section, and less the gap elimination adjustment restoration
amount, if any, allocated pursuant to this section. PROVIDED, HOWEVER,
THAT THE GAP ELIMINATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION
OF FUNDS RECEIVED THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS
SECTION.
S 4. This act shall take effect immediately; provided, however, that
the amendments to section 3602 of the education law made by section two
of this act shall be deemed to have been in full force and effect on the
same date and in the same manner as section 25 of part A of chapter 58
of the laws of 2011, took effect; provided, further, that the amendments
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to section 3602 of the education law made by section three of this act
shall be deemed to have been in full force and effect on the same date
and in the same manner as section 37 of part A of chapter 58 of the laws
of 2011, took effect.