S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7681
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  updating  the  census
   numbers used to calculate certain education funding
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraphs (ii), (iii) and (iv) of paragraph q of subdi-
 vision 1 of section 3602 of the education law, as amended by section  16
 of  part  YYY  of chapter 59 of the laws of 2017, are amended to read as
 follows:
   (ii) "Census count" shall  mean  the  product  of  the  public  school
 enrollment  of the school district on the date enrollment was counted in
 accordance with this subdivision for the base  year  multiplied  by  the
 census [2000] poverty rate.
   (iii)  "Census  [2000]  poverty  rate"  shall mean the quotient of the
 number of persons aged five to seventeen  within  the  school  district,
 based on the MOST RECENT FEDERAL decennial census conducted [in the year
 two  thousand]  as tabulated by the National Center on Education Statis-
 tics, who were enrolled in public schools and whose families had incomes
 below the poverty level, divided by the total  number  of  persons  aged
 five  to  seventeen  within the school district, based on such decennial
 census, who were enrolled in public schools, computed to  four  decimals
 without rounding.
   (iv) "Selected poverty rate" shall mean: (A) for school districts with
 high  concentrations  of  nonpublic  students, the greater of the census
 [2000] poverty rate or the three-year  average  small  area  income  and
 poverty  estimate  poverty rate; and (B) for all other school districts,
 the three-year average small area income and  poverty  estimate  poverty
 rate.  For  the purposes of this subparagraph, "three-year average small
 area income and poverty estimate poverty rate" shall equal the  quotient
 of  (1)  the  sum of the number of persons aged five to seventeen within
 the school district, based on the small area income  and  poverty  esti-
 mates  produced  by  the United States census bureau, whose families had
 incomes below the poverty level for the year two years prior to the year
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13899-01-1
 S. 7681                             2
 
 in which the base year began, plus such number for the year three  years
 prior to the year in which the base year began, plus such number for the
 year  four years prior to the year in which the base year began, divided
 by  (2)  the  sum  of the total number of persons aged five to seventeen
 within the school district, based on such census bureau  estimates,  for
 the  year two years prior to the year in which the base year began, plus
 such total number for the year three years prior to the  year  in  which
 the  base  year  began,  plus  such total number for the year four years
 prior to the year in which the base year began, computed to  four  deci-
 mals without rounding.
   §  2.  Item 1 of subclause 9 of clause (ii) of subparagraph 2 of para-
 graph b of subdivision 4 of  section  3602  of  the  education  law,  as
 amended  by section 10-c of part A of chapter 56 of the laws of 2021, is
 amended to read as follows:
   (1) for school districts with a census [2000]  poverty  rate  computed
 pursuant  to  paragraph q of subdivision one of this section equal to or
 greater than twenty-six percent (0.26),  ten  and  three-tenths  percent
 (0.103), or
   §  3.  Paragraph b-3 of subdivision 4 of section 3602 of the education
 law, as amended by section 9-b of part CCC of chapter 59 of the laws  of
 2018, is amended to read as follows:
   b-3. Due minimum for the two thousand seventeen--two thousand eighteen
 school year. Notwithstanding any other provision of law to the contrary,
 for  the  two  thousand seventeen--two thousand eighteen school year the
 total foundation aid shall not be less than (A) the  sum  of  the  total
 foundation  aid base computed pursuant to paragraph j of subdivision one
 of this section plus the product of (i) the difference of the amount set
 forth for such school district as "FOUNDATION  AID"  under  the  heading
 "2017-18  ESTIMATED AIDS" in the school aid computer listing produced by
 the commissioner in support of the executive budget request for the  two
 thousand  seventeen--two  thousand  eighteen  school  year  and entitled
 "BT171-8" less the amount set forth for such school district as "FOUNDA-
 TION AID" under the heading "2016-17 BASE YEAR AIDS" in the  school  aid
 computer  listing  produced by the commissioner in support of the execu-
 tive budget request for the two thousand seventeen--two  thousand  eigh-
 teen school year and entitled "BT171-8" multiplied by (ii) one and eigh-
 teen  one-hundredths  (1.18),  or  (B)  the  product  of  forty-four and
 seventy-five one-hundredths percent (0.4475) multiplied by total founda-
 tion aid as computed pursuant to paragraph a of this subdivision, or (C)
 the sum of the total foundation aid base computed pursuant to  paragraph
 j  of  subdivision  one of this section plus the due minimum for the two
 thousand seventeen--two thousand eighteen school year,  where  such  due
 minimum shall equal (1) for school districts with a census [2000] pover-
 ty  rate  computed  pursuant  to  paragraph q of subdivision one of this
 section, equal  to  or  greater  than  eleven  and  nine-tenths  percent
 (0.119),  the  product  of  the foundation aid base for the two thousand
 seventeen--two  thousand  eighteen  school  year  computed  pursuant  to
 subparagraph  (iii)  of  paragraph  j of subdivision one of this section
 multiplied by three hundred thirty-five ten-thousandths (0.0335), or (2)
 for all other school districts the product of the  foundation  aid  base
 for  the  two  thousand  seventeen--two  thousand  eighteen  school year
 computed pursuant to subparagraph (iii) of paragraph  j  of  subdivision
 one  of  this  section multiplied by two and seventy-four one-hundredths
 percent (0.0274).
 S. 7681                             3
 
   § 4. Subparagraph 2 of paragraph i of subdivision 4 of section 3602 of
 the education law, as added by section 10-b of part A of chapter  56  of
 the laws of 2021, is amended to read as follows:
   (2) The "foundation aid phase-in factor" shall be equal to the greater
 of:  (i)  twenty-six  hundred twenty-five ten-thousandths (0.2625); (ii)
 twenty-seven hundred twenty-eight ten-thousandths (0.2728) for districts
 with a sparsity count computed pursuant to paragraph  r  of  subdivision
 one  of  this  section  greater than zero; (iii) twenty-seven hundredths
 (0.27) for small city school  districts  pursuant  to  paragraph  jj  of
 subdivision one of this section; (iv) forty-four hundredths (0.44) for a
 city  school  district  in  a  city  with  a population of more than one
 hundred twenty-five thousand but less than one hundred fifty thousand as
 of the [two thousand ten] MOST RECENT federal decennial census; (v) four
 hundred ninety-five thousandths (0.495) for a city school district in  a
 city  with a population of more than one hundred fifty thousand but less
 than two hundred fifty thousand as of the [two thousand ten] MOST RECENT
 federal decennial census; (vi) forty-four hundredths (0.44) for  a  city
 school  district  in  a  city with a population of more than two hundred
 fifty thousand but less than one million as of the  [two  thousand  ten]
 MOST  RECENT federal decennial census; or (vii) four hundred ninety-five
 thousandths (0.495) for a city school district in a city having a  popu-
 lation of one million or more.
   §  5. Clause 1 of subparagraph (G) of paragraph b of subdivision 17 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:
   (1)  in  the  case  of  a district determined to be a high-need school
 district pursuant to clause (c) of subparagraph two of  paragraph  c  of
 subdivision  six  of  this  section  for the school aid computer listing
 produced by the commissioner in support of the enacted  budget  for  the
 two   thousand  seven--two  thousand  eight  school  year  and  entitled
 "SA0708",
   (a) in the case of a city school district in a city with a  population
 in excess of one million inhabitants, four and five hundred thirty-seven
 thousandths percent (0.04537),
   (b)  in the case of a city school district in a city with a population
 of more than two hundred fifty thousand inhabitants and  less  than  one
 million  inhabitants according to the [two thousand] MOST RECENT federal
 census, four and one-tenth percent (0.041),
   (c) in the case of a city school district in a city with a  population
 of  more  than  two  hundred  ten thousand inhabitants and less than two
 hundred fifty thousand inhabitants according to the [two thousand]  MOST
 RECENT federal census, four and thirteen hundredths percent (0.0413),
   (d)  in the case of a city school district in a city with a population
 of more than one hundred seventy thousand inhabitants and less than  two
 hundred  ten  thousand  inhabitants according to the [two thousand] MOST
 RECENT  federal  census,  five  and  ninety-seven   hundredths   percent
 (0.0597),
   (e)  in the case of a city school district in a city with a population
 of more than one hundred thousand inhabitants and less than one  hundred
 seventy thousand inhabitants according to the [two thousand] MOST RECENT
 federal census, five and fifty-three hundredths percent (0.0553),
   (f)  in  the case of any other such school district which has a three-
 year average free and reduced price lunch percent greater than  seventy-
 five  percent  (0.75)  and  which has an administrative efficiency ratio
 less than one and fifty-five hundredths percent (0.0155), four and  nine
 hundredths percent (0.0409), and
 S. 7681                             4
 
   (g)  for all other such school districts, six and eight-tenths percent
 (0.068), or
   §  6. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.