S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5451
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sens.  JACKSON,  COMRIE, MYRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 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. This act shall be known and may be cited as the "education
 funding census update act".
   § 2. Subparagraphs (ii), (iii) and (iv) of paragraph q of  subdivision
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01781-01-3
              

 S. 5451                             2
 
 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
 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.
   § 3. 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
   § 4. 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
 S. 5451                             3

 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).
   § 5. 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.
   § 6. 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-
 S. 5451                             4
 
 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
   (g)  for all other such school districts, six and eight-tenths percent
 (0.068), or
   § 7. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.