S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3268--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. BRINDISI, LUPARDO, SANTABARBARA, ARROYO, BARRETT,
   CAHILL,  FAHY,  GALEF,  GIGLIO, GOODELL, JENNE, KEARNS, LAVINE, MAGEE,
   McDONALD, SCHIMMINGER, SKARTADOS, STECK, RYAN, WOERNER  --  read  once
   and  referred  to  the Committee on Education -- 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".
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01876-04-7
              

 A. 3268--A                          2
 
   §  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
 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.
   §  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.
   § 5. Subparagraph 4 of paragraph a of subdivision 4 of section 3602 of
 the  education law, as amended by section 16-a of part YYY of chapter 59
 of the laws of 2017, 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

 A. 3268--A                          3

 of this section. Total wealth foundation pupil units shall be calculated
 pursuant to paragraph h of subdivision two of this section.
   §  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.
   § 7. Section 3602 of the education law is  amended  by  adding  a  new
 subdivision 42 to read as follows:
   42.  SMALL CITY SUCCESSFUL SCHOOLS AID. COMMENCING WITH AID PAYABLE IN
 THE TWO THOUSAND EIGHTEEN--TWO THOUSAND  NINETEEN  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 EIGHTEEN--TWO THOUSAND NINETEEN 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 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR OR THER-
 EAFTER APPROVED BY THE COMMISSIONER FOR THE FOLLOWING PURPOSES:
   A. CLASS SIZE REDUCTION;
   B. ACADEMIC INTERVENTION SERVICES;
   C. RESPONSE TO INTERVENTION SERVICES;
   D. DROP OUT PREVENTION;
   E. INCARCERATED YOUTH SERVICES;
   F. PARENT INVOLVEMENT PROGRAMS;
   G. EXTENDED DAY AND EXTENDED YEAR PROGRAMS; AND
   H. PSYCHO-SOCIAL TESTING.
   § 8. This act shall take effect immediately.