BILL NUMBER: S7536

SPONSOR: MAYER
 
TITLE OF BILL:

An act in relation to directing the commissioner of education to conduct
a study on the efficacy, adequacy, and equity of the Foundation Aid
formula and make recommendations on potential modifications to such
formula; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To direct the Commissioner of Education to conduct a study on the Foun-
dation Aid Study and make recommendations on modifications.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 directs the commissioner of education to conduct a study on
the efficacy, adequacy, and equity of the Foundation Aid formula and
make recommendations on potential modifications to such formula. The
study must consider, but not be limited to the current cost of providing
              

all students with a meaningful opportunity for a sound basic education,
appropriate measures of student and district poverty, appropriate
consideration for students with disabilities, English Language Learners,
and other high need populations, appropriate measures of district
wealth, the efficacy of local tax effort tax, appropriate measures of
regional costs.

Section 2 requires the commissioner to hold at least five hearings
around the state and provide additional opportunities for public
comment. The commissioner is required to solicit input from students,
parents, teachers, school administrators, school board members, school
administrators, and education advocates.

Section 3 requires the commissioner to report their findings and recom-
mendations to the Governor and Legislature within 12 months.

Section 4 provides the effective date.

 
JUSTIFICATION:

In 2007 the Legislature and Governor established the Foundation Aid
Formula in compliance with the 2003 Court of Appeals Decision in
Campaign for Fiscal v. State of New York. The Court ordered the state to
determine the actual cost of providing a sound basic education to each
student, and establish a new funding mechanism based on need, to ensure
all schools had the resources necessary to provide a sound basic educa-
tion. The state intended to phase in the formula over the course of 4
years. As a result of the 2008 referendum and political challenges, the
formula was not fully funded until FY 2023-24, 16 years later.

In the time since the formula was adopted, circumstances have changed
across the state, necessitating updates to the formula to better capture
student and district needs. For example, the current formula relies on
2000 census data and unreliable Free and Reduced Price lunch data as
measures of poverty. Similarly, the formula uses a Regional Cost Index
based on 2006 data which does not appropriately measure the costs in
many parts of the state. Many advocates believe the formula does not
accurately reflect the needs of students with disabilities, English
Language Learners, nor does it account for high need populations such as
students experiencing homelessness.  Furthermore, the formula was devel-
oped before the current tax cap which limits the spending ability of
many districts.

This bill will require the Commissioner of Education to conduct a study
about the efficacy, adequacy, and equity of the Foundation Aid Formula
and make recommendations to the Legislature and Governor about potential
modifications. In conducting their study, the Commissioner must hold a
minimum of five hearings around the state and provide additional oppor-
tunities for public comment. The State Education Department will be
tasked with engaging a wide-range of stakeholders including students,
parents, teachers, school board members, school business officials, and
advocates as part of a holistic evaluation of the formula. The Commis-
sioner's recommendations will aid the Legislature and Governor in
considering future changes to the formula.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed repeal 18
months after its effective date.