§ 3602-b. Apportionment of moneys to school districts employing fewer
than eight teachers. 1. Notwithstanding any other provision of law, each
school district of the state employing fewer than eight teachers shall
receive its apportionment of public money payable during the school year
commencing July first, nineteen hundred sixty-three and during
subsequent school years pursuant to the provisions of this section. Such
apportionment shall be computed by applying the state sharing ratio of
the district computed in the same manner as provided in section
thirty-six hundred two of this article to the approved operating expense
of the school district for operating purposes and for transportation.

a. Approved operating expense shall be for the year prior to the base
year as defined in section thirty-six hundred two of this article and
shall be determined in the same manner provided in such section,
provided, however, that the amount so approved shall not exceed the sum
of (1) four thousand five hundred dollars multiplied by the lesser of
the number of full-time teachers employed during such year prior to the
base year or seven and (2) weighted average daily attendance as defined
in section thirty-six hundred two of this article for the base year
multiplied by the sum of sixty dollars plus an amount computed by
multiplying ninety cents by such weighted average daily attendance. Any
such district employing three or more teachers shall be permitted to use
the weighted average daily attendance averaged over the three year
period immediately preceding the current year as defined in section
thirty-six hundred two of this article.

b. Approved transportation expense shall be for the base year and
shall be determined in the same manner as provided in subdivision seven
of section thirty-six hundred two of this chapter.

2. If the local revenue provided by any such school district in the
current year, as defined in section thirty-six hundred two of this
article, inclusive of its local nonproperty tax receipts, is less than
the amount which could be raised by a tax at the rate specified in this
section on its actual valuation as defined in such section, the
apportionment for such current year shall be reduced by the amount which
such local revenue is less than the amount which could be raised at such
rate. The rate for the school year two thousand seven--two thousand
eight and thereafter shall be the local tax factor established pursuant
to subdivision four of section thirty-six hundred two of this article.

* 3. a. In addition to apportionments calculated pursuant to
subdivisions one and two of this section, each school district employing
fewer than eight teachers defined as eligible pursuant to paragraph one
of subdivision four-a of section thirty-six hundred two of this part
shall receive an additional apportionment of public money in the current
year if the commissioner, in consultation with the director of the
budget, determines the district would otherwise receive a reduction in
state funding, as defined in subparagraph d of paragraph one of
subdivision four-a of section thirty-six hundred two of this part, on a
per pupil basis inconsistent with the federal state level maintenance of
equity requirement.

b. The maintenance of equity aid shall be equal to the amount
necessary to ensure compliance with the federal state level maintenance
of equity requirement in the American Rescue Plan Act of 2021, Section
2004, Part 1, Subtitle A, Title II, (Public Law 117-2) for the current
year.

* NB Repealed September 30, 2024