S T A T E   O F   N E W   Y O R K
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                                 9041--A

                          I N  A S S E M B L Y

                            January 19, 2016
                               ___________

Introduced  by  M.  of  A.  FAHY,  McDONALD, BRINDISI, SIMON, SEPULVEDA,
  LINARES, JOYNER, STECK, SKARTADOS, MAGNARELLI, BLAKE, CROUCH,  WALKER,
  STIRPE,  RYAN  -- Multi-Sponsored by -- M. of A. COOK -- read once and
  referred to the Committee on Education -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in  relation  to  the  allocation  of
  building aid funds to failing and persistently failing schools

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

  Section 1. Section 3602 of the education law is amended  by  adding  a
new subdivision 6-h to read as follows:
  6-H. APPORTIONMENT OF BUILDING AID FOR ELIGIBLE PROJECTS IN STRUGGLING
AND  PERSISTENTLY  STRUGGLING SCHOOLS FOR THE PURPOSE OF CONVERTING SUCH
SCHOOLS TO COMMUNITY SCHOOLS. A. IN LIEU OF  THE  APPORTIONMENT  PAYABLE
PURSUANT  TO SUBDIVISION SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY
AUTHORIZED TO APPORTION BUILDING AID TO A SCHOOL  DISTRICT  PURSUANT  TO
THIS SUBDIVISION IN THE AMOUNT EQUAL TO THE PRODUCT OF: (1) ITS APPROVED
EXPENDITURES  IN  THE  BASE YEAR FOR CAPITAL OUTLAYS FROM THE DISTRICT'S
GENERAL FUND, CAPITAL FUND OR RESERVED FUNDS THAT  ARE  INCURRED  ON  OR
AFTER JULY FIRST OF THIS BASE YEAR, OR ITS CURRENT YEAR APPROVED EXPEND-
ITURES  FOR  DEBT  SERVICE OR A LEASE, LEASE-PURCHASE OR OTHER AGREEMENT
RELATING TO AN EDUCATIONAL FACILITY  TO  THE  EXTENT  SUCH  EXPENDITURES
WOULD  HAVE BEEN AIDABLE IN THE CURRENT YEAR PURSUANT TO SUBDIVISION SIX
OF THIS SECTION OR ITS BASE YEAR APPROVED EXPENDITURES FOR A  LEASE-PUR-
CHASE  AGREEMENT TO THE EXTENT SUCH EXPENDITURES WOULD BE AIDABLE IN THE
BASE YEAR PURSUANT TO SUBDIVISION SIX  OF  THIS  SECTION,  AND  (2)  THE
DISTRICT'S  APPLICABLE  BUILDING  AID RATIO AS DEFINED PURSUANT TO PARA-
GRAPH C OF SUBDIVISION SIX  OF  THIS  SECTION  FOR  AN  ELIGIBLE  SCHOOL
CONSTRUCTION  PROJECT, AS DEFINED IN PARAGRAPH C OF THIS SUBDIVISION, IN
AN ELIGIBLE SCHOOL, AS DEFINED  IN  PARAGRAPH  B  OF  THIS  SUBDIVISION.
APPROVED EXPENDITURES FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS THAT ARE
ELIGIBLE  FOR AN APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL NOT BE
ELIGIBLE FOR AID PURSUANT TO SUBDIVISION SIX OF THIS SECTION.

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

                                                           LBD13453-02-6

A. 9041--A                          2

  B. FOR PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL"  SHALL  MEAN
AN  SCHOOL  DESIGNATED AS A STRUGGLING OR PERSISTENTLY STRUGGLING SCHOOL
PURSUANT TO THE REGULATIONS OF THE COMMISSIONER, AS OF THE DATE  OF  THE
COMMISSIONER'S APPROVAL OF AN ELIGIBLE SCHOOL CONSTRUCTION PROJECT, THAT
IS  CONVERTING  TO  A  COMMUNITY SCHOOL PURSUANT TO SUBDIVISION SEVEN OF
SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER.
  C. FOR PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL  CONSTRUCTION
PROJECT" SHALL MEAN ANY PROJECT FOR THE FINANCING, REFINANCING, ACQUISI-
TION,  DESIGN,  CONSTRUCTION, RECONSTRUCTION, REHABILITATION OR IMPROVE-
MENT OF AN ELIGIBLE SCHOOL FOR THE PURPOSES OF ESTABLISHING  SUSTAINABLE
COMMUNITY SCHOOLS THAT FOSTER COMMUNITY AND PARENT ENGAGEMENT.
  D.  AN  APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL BE DETERMINED
PURSUANT TO SUBDIVISION SIX OF THIS SECTION, EXCEPT THAT THE COMMISSION-
ER SHALL ASSIGN SPECIAL RATING CAPACITIES FOR COMMUNITY SCHOOL  FACILITY
SPACES  IN AN ELIGIBLE SCHOOL, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO
HEALTH SUITES, ADULT EDUCATION SPACES, GUIDANCE SUITES, RESOURCE  ROOMS,
REMEDIAL  ROOMS  AND PARENT/COMMUNITY ROOMS, SHARED AND CLASSROOM SPACES
INCLUDING BUT NOT LIMITED  TO  CAREER  TECHNICAL  EDUCATION  CLASSROOMS,
AUDITORIUMS, CAFETERIAS, LARGE GROUP INSTRUCTION ROOMS AND GYMNASIUMS AS
DEFINED IN REGULATIONS OF THE COMMISSIONER; PROVIDED, HOWEVER, THAT COST
ALLOWANCES  FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS UNDER THIS SECTION
SHALL BE THE LESSER OF ONE HUNDRED FIFTEEN PER CENTUM OF THE COST ALLOW-
ANCES FOR COMPARABLE INSTRUCTIONAL SPACE  DETERMINED  UNDER  SUBDIVISION
SIX  OF  THIS  SECTION OR THE ACTUAL COSTS RELATING TO THE CONSTRUCTION,
ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF  A  SCHOOL
BUILDING.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.