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

                                  4988

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- 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  computation  of
  foundation  aid  and  successful  schools  aid  for  small city school
  districts

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

  Section 1. This act shall be known and may be cited as the "small city
successful schools act".
  S  2.  Legislative Intent. It is the responsibility of the legislature
under article XI of the constitution of the state of New York to  estab-
lish and maintain a system that will provide all children an opportunity
to receive a meaningful high school education. Certain provisions of the
education  law  are  not  adequate  to  provide the funding necessary to
fulfill that obligation in certain school districts, particularly  those
in  our small cities, many of which have lower wealth and higher student
needs than average and are faced with high  concentrations  of  poverty.
Moreover,  small  city school districts function as centers not only for
educational purposes but also for health, civic and public safety  uses.
These  services and uses are not adequately supported by existing educa-
tion aid.
  Therefore, it is the intention of the  legislature  to  amend  certain
provisions  of the education law to insure that the necessary funding is
available in those districts to help them provide all their children  an
opportunity  to  receive a meaningful high school education and to main-
tain healthy vibrant educational communities.
  S 3. Subdivision 1 of section 3602 of the education law is amended  by
adding a new paragraph hh to read as follows:
  HH.  "SMALL  CITY POVERTY CONCENTRATION COUNT" FOR DISTRICTS IN CITIES
WITH POPULATIONS FEWER THAN ONE HUNDRED TWENTY-FIVE THOUSAND PERSONS  IN
THE MOST RECENT CENSUS SHALL MEAN THE NUMBER EQUAL TO THE PRODUCT OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09114-01-5
              

S. 4988                             2

THREE-YEAR  AVERAGE  FREE  AND  REDUCED  PRICE  LUNCH  PERCENT  AND  THE
QUOTIENT, COMPUTED TO THREE DECIMALS WITHOUT ROUNDING, OF THE ENROLLMENT
PER SQUARE MILE DIVIDED  BY  TWO,  BUT  NOT  MORE  THAN  THREE  HUNDRED.
ENROLLMENT  PER SQUARE MILE SHALL BE THE QUOTIENT, COMPUTED TO TWO DECI-
MALS WITHOUT ROUNDING, OF THE PUBLIC SCHOOL  ENROLLMENT  OF  THE  SCHOOL
DISTRICT  ON  THE  DATE  ENROLLMENT  WAS COUNTED IN ACCORDANCE WITH THIS
SUBDIVISION FOR THE BASE  YEAR  DIVIDED  BY  THE  SQUARE  MILES  OF  THE
DISTRICT, AS DETERMINED BY THE COMMISSIONER.
  S  4.  Paragraph  s  of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57  of  the  laws  of
2007, is amended to read as follows:
  s.  "Extraordinary  needs  count" shall mean the sum of the product of
the limited English proficiency count multiplied by fifty percent, plus,
the poverty count, THE SMALL CITY POVERTY CONCENTRATION  COUNT  and  the
sparsity count.
  S 5. Subparagraph 4 of paragraph a of subdivision 4 of section 3602 of
the  education  law,  as amended by section 3 of part A of chapter 56 of
the laws of 2014, is amended to read as follows:
  (4) The expected minimum local contribution shall equal the lesser  of
(i)  the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units,  multiplied
by  (B)  the  product  of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of  the  foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B)  the  positive  difference,  if  any, of one minus the state sharing
ratio for total foundation aid. The local tax  factor  shall  be  estab-
lished by May first of each year by determining the product, computed to
four  decimal  places  without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the  provisions
of  paragraph  e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with  such  provisions  plus  the
statewide  average  tax  rate  computed by the commissioner for the year
prior to the base year in accordance with such  provisions,  divided  by
three,  provided  however  that for the two thousand seven--two thousand
eight school year, such local tax factor shall  be  sixteen  thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand  nine  school  year,  such  local  tax  factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum  local  contribution  the income wealth index shall not be less than
[sixty-five] FIFTEEN percent [(0.65)] (0.15) and shall not be more  than
two  hundred  percent (2.0) and provided however that such income wealth
index shall not be more than ninety-five  percent  (0.95)  for  the  two
thousand eight--two thousand nine school year, and provided further that
such  income  wealth index shall not be less than zero for the two thou-
sand thirteen--two thousand fourteen school year.  The  selected  actual
valuation shall be calculated pursuant to paragraph c of subdivision one
of this section. Total wealth foundation pupil units shall be calculated
pursuant to paragraph h of subdivision two of this section.
  S  6. Subdivision 18 of section 3602 of the education law, as added by
section 37 of part A of chapter 58 of the laws of 2011,  is  amended  to
read as follows:

S. 4988                             3

  18. Allocable growth amount apportionment. Such amount shall be appor-
tioned  for  a school year pursuant to a chapter of the laws of New York
enacted for the state fiscal year in which such school  year  commences,
and  shall be allocated to purposes including but not limited to compet-
itive grant awards made pursuant to subdivisions five and six of section
thirty-six  hundred forty-one of this article, THE SMALL CITY SUCCESSFUL
SCHOOLS AID ALLOCATED PURSUANT TO SUBDIVISION FORTY-TWO OF THIS SECTION,
the foundation aid phase-in amount  or  other  foundation  aid  increase
allocated pursuant to subdivision four of this section and the gap elim-
ination  adjustment  restoration amount apportioned pursuant to subdivi-
sion seventeen of this section. In the event that a chapter of the  laws
of  New York enacted for the state fiscal year in which such school year
commences is not enacted, the allocations  in  support  of  subdivisions
five  and  six  of  section thirty-six hundred forty-one of this article
shall equal the allocations in support of such awards in the base  year,
and  the  apportionments  pursuant to subdivisions four and seventeen of
this section for the current year shall  equal  the  apportionments  for
such subdivisions four and seventeen for the base year.
  S  7. Section 3602 of the education law is amended to add a new subdi-
vision 42 to read as follows:
  42. SMALL CITY SUCCESSFUL SCHOOLS AID. COMMENCING WITH AID PAYABLE  IN
THE  TWO  THOUSAND  FIFTEEN-TWO  THOUSAND  SIXTEEN  SCHOOL  YEAR, SCHOOL
DISTRICTS IN CITY SCHOOL DISTRICTS OF THOSE  CITIES  HAVING  POPULATIONS
FEWER  THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS SHALL BE ELIGI-
BLE FOR AN ADDITIONAL APPORTIONMENT AS PROVIDED FOR IN THIS SUBDIVISION.
SUCH DISTRICTS SHALL BE ELIGIBLE FOR AN ADDITIONAL APPORTIONMENT IN  THE
TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, IN
AN  AMOUNT  EQUAL  TO  THE  PRODUCT  OF  THE THREE-YEAR AVERAGE FREE AND
REDUCED PRICE LUNCH PERCENT AND THE PRODUCT OF FOUR HUNDRED DOLLARS  AND
TOTAL  AIDABLE  FOUNDATION  PUPIL  UNITS  TO BE USED FOR NEW PROGRAMS OR
EXPANDED PROGRAMS WITH RESPECT TO SUCH STUDENTS FIRST BEGUN OR  EXPANDED
IN  THE  TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN SCHOOL YEAR OR THERE-
AFTER APPROVED BY THE COMMISSIONER FOR THE FOLLOWING PURPOSES:
  A. IMPLEMENTATION OF COMMON CORE CURRICULUM;
  B. CLASS SIZE REDUCTION;
  C. ACADEMIC INTERVENTION SERVICES;
  D. RESPONSE TO INTERVENTION SERVICES;
  E. DROP OUT PREVENTION;
  F. INCARCERATED YOUTH SERVICES;
  G. PARENT INVOLVEMENT PROGRAMS;
  H. EXTENDED DAY AND EXTENDED YEAR PROGRAMS; AND
  I. PSYCHO-SOCIAL TESTING.
  S 8. This act shall take effect immediately.

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

                                 4988--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by  Sens.  GRIFFO, FARLEY, RITCHIE, SERINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  --  recommitted to the Committee on Education in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the education law, in relation to the computation of
  foundation aid and  successful  schools  aid  for  small  city  school
  districts

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

  Section 1. This act shall be known and may be cited as the "small city
successful schools act".
  S 2. Legislative Intent. It is the responsibility of  the  legislature
under  article XI of the constitution of the state of New York to estab-
lish and maintain a system that will provide all children an opportunity
to receive a meaningful high school education. Certain provisions of the
education law are not adequate  to  provide  the  funding  necessary  to
fulfill  that obligation in certain school districts, particularly those
in our small cities, many of which have lower wealth and higher  student
needs  than  average  and are faced with high concentrations of poverty.
Moreover, small city school districts function as centers not  only  for
educational  purposes but also for health, civic and public safety uses.
These services and uses are not adequately supported by existing  educa-
tion aid.
  Therefore,  it  is  the  intention of the legislature to amend certain
provisions of the education law to insure that the necessary funding  is
available  in those districts to help them provide all their children an
opportunity to receive a meaningful high school education and  to  main-
tain healthy vibrant educational communities.
  S  3. Subdivision 1 of section 3602 of the education law is amended by
adding a new paragraph hh to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09114-02-6
              

S. 4988--A                          2

  HH. "SMALL CITY POVERTY CONCENTRATION COUNT" FOR DISTRICTS  IN  CITIES
WITH  POPULATIONS FEWER THAN ONE HUNDRED TWENTY-FIVE THOUSAND PERSONS IN
THE MOST RECENT CENSUS SHALL MEAN THE NUMBER EQUAL TO THE PRODUCT OF THE
THREE-YEAR  AVERAGE  FREE  AND  REDUCED  PRICE  LUNCH  PERCENT  AND  THE
QUOTIENT, COMPUTED TO THREE DECIMALS WITHOUT ROUNDING, OF THE ENROLLMENT
PER  SQUARE  MILE  DIVIDED  BY  TWO,  BUT  NOT  MORE THAN THREE HUNDRED.
ENROLLMENT PER SQUARE MILE SHALL BE THE QUOTIENT, COMPUTED TO TWO  DECI-
MALS  WITHOUT  ROUNDING,  OF  THE PUBLIC SCHOOL ENROLLMENT OF THE SCHOOL
DISTRICT ON THE DATE ENROLLMENT WAS  COUNTED  IN  ACCORDANCE  WITH  THIS
SUBDIVISION  FOR  THE  BASE  YEAR  DIVIDED  BY  THE  SQUARE MILES OF THE
DISTRICT, AS DETERMINED BY THE COMMISSIONER.
  S 4. Paragraph s of subdivision 1 of section  3602  of  the  education
law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
  s. "Extraordinary needs count" shall mean the sum of  the  product  of
the limited English proficiency count multiplied by fifty percent, plus,
the  poverty  count,  THE SMALL CITY POVERTY CONCENTRATION COUNT and the
sparsity count.
  S 5. Subparagraph 4 of paragraph a of subdivision 4 of section 3602 of
the education law, as amended by section 5 of part A of  chapter  56  of
the laws of 2015, is amended to read as follows:
  (4)  The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected  actual
valuation  is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor,  multiplied  by  the  income
wealth  index,  or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of  one  minus  the  state  sharing
ratio  for  total  foundation  aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety  percent  multiplied  by
the quotient of the sum of the statewide average tax rate as computed by
the  commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six  hundred  nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner  for  the  base  year in accordance with such provisions plus the
statewide average tax rate computed by the  commissioner  for  the  year
prior  to  the  base year in accordance with such provisions, divided by
three, provided however that for the two  thousand  seven--two  thousand
eight  school  year,  such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such  local  tax  factor  shall  be  one  hundred
fifty-four  ten  thousandths  (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index shall not  be  less  than
[sixty-five]  FIFTEEN percent [(0.65)] (0.15) and shall not be more than
two hundred percent (2.0) and provided however that such  income  wealth
index  shall  not  be  more  than ninety-five percent (0.95) for the two
thousand eight--two thousand nine school year, and provided further that
such income wealth index shall not be less than zero for the  two  thou-
sand  thirteen--two  thousand  fourteen school year. The selected actual
valuation shall be calculated pursuant to paragraph c of subdivision one
of this section. Total wealth foundation pupil units shall be calculated
pursuant to paragraph h of subdivision two of this section.

S. 4988--A                          3

  S 6. Subdivision 18 of section 3602 of the education law, as added  by
section  37  of  part A of chapter 58 of the laws of 2011, is amended to
read as follows:
  18. Allocable growth amount apportionment. Such amount shall be appor-
tioned  for  a school year pursuant to a chapter of the laws of New York
enacted for the state fiscal year in which such school  year  commences,
and  shall be allocated to purposes including but not limited to compet-
itive grant awards made pursuant to subdivisions five and six of section
thirty-six hundred forty-one of this article, THE SMALL CITY  SUCCESSFUL
SCHOOLS AID ALLOCATED PURSUANT TO SUBDIVISION FORTY-TWO OF THIS SECTION,
the  foundation  aid  phase-in  amount  or other foundation aid increase
allocated pursuant to subdivision four of this section and the gap elim-
ination adjustment restoration amount apportioned pursuant  to  subdivi-
sion  seventeen of this section. In the event that a chapter of the laws
of New York enacted for the state fiscal year in which such school  year
commences  is  not  enacted,  the allocations in support of subdivisions
five and six of section thirty-six hundred  forty-one  of  this  article
shall  equal the allocations in support of such awards in the base year,
and the apportionments pursuant to subdivisions four  and  seventeen  of
this  section  for  the  current year shall equal the apportionments for
such subdivisions four and seventeen for the base year.
  S 7. Section 3602 of the education law is amended to add a new  subdi-
vision 42 to read as follows:
  42.  SMALL CITY SUCCESSFUL SCHOOLS AID. COMMENCING WITH AID PAYABLE IN
THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL  YEAR,  SCHOOL
DISTRICTS  IN  CITY  SCHOOL DISTRICTS OF THOSE CITIES HAVING POPULATIONS
FEWER THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS SHALL BE  ELIGI-
BLE FOR AN ADDITIONAL APPORTIONMENT AS PROVIDED FOR IN THIS SUBDIVISION.
SUCH  DISTRICTS SHALL BE ELIGIBLE FOR AN ADDITIONAL APPORTIONMENT IN THE
TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER,
IN AN AMOUNT EQUAL TO THE PRODUCT OF THE  THREE-YEAR  AVERAGE  FREE  AND
REDUCED  PRICE LUNCH PERCENT AND THE PRODUCT OF FOUR HUNDRED DOLLARS AND
TOTAL AIDABLE FOUNDATION PUPIL UNITS TO BE  USED  FOR  NEW  PROGRAMS  OR
EXPANDED  PROGRAMS WITH RESPECT TO SUCH STUDENTS FIRST BEGUN OR EXPANDED
IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR OR THER-
EAFTER APPROVED BY THE COMMISSIONER FOR THE FOLLOWING PURPOSES:
  A. IMPLEMENTATION OF COMMON CORE CURRICULUM;
  B. CLASS SIZE REDUCTION;
  C. ACADEMIC INTERVENTION SERVICES;
  D. RESPONSE TO INTERVENTION SERVICES;
  E. DROP OUT PREVENTION;
  F. INCARCERATED YOUTH SERVICES;
  G. PARENT INVOLVEMENT PROGRAMS;
  H. EXTENDED DAY AND EXTENDED YEAR PROGRAMS; AND
  I. PSYCHO-SOCIAL TESTING.
  S 8. This act shall take effect immediately.