S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2280--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens.  GRIFFO,  AMEDORE,  RITCHIE, SERINO, YOUNG -- read
   twice and ordered printed, and when printed to  be  committed  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.
   § 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.
                                                            LBD01876-03-7
              

 S. 2280--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.
   § 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
 of this section. Total wealth foundation pupil units shall be calculated
 pursuant to paragraph h of subdivision two of this section.

 S. 2280--A                          3
 
   § 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.