Bill Text: NY A03268 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the computation of foundation aid and successful schools aid for small city school districts.

Spectrum: Moderate Partisan Bill (Democrat 17-2)

Status: (Introduced - Dead) 2018-01-03 - referred to education [A03268 Detail]

Download: New_York-2017-A03268-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3268
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced by M. of A. BRINDISI, LUPARDO, SANTABARBARA, ARROYO, BARRETT,
          CAHILL,  FAHY,  GALEF,  GIGLIO, GOODELL, JENNE, KEARNS, LAVINE, MAGEE,
          McDONALD, SCHIMMINGER, SKARTADOS, STECK, RYAN, WOERNER  --  read  once
          and referred to the Committee on Education
        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:
     1    Section 1. This act shall be known and may be cited as the "small city
     2  successful schools act".
     3    § 2. Legislative Intent. It is the responsibility of  the  legislature
     4  under  article XI of the constitution of the state of New York to estab-
     5  lish and maintain a system that will provide all children an opportunity
     6  to receive a meaningful high school education. Certain provisions of the
     7  education law are not adequate  to  provide  the  funding  necessary  to
     8  fulfill  that obligation in certain school districts, particularly those
     9  in our small cities, many of which have lower wealth and higher  student
    10  needs  than  average  and are faced with high concentrations of poverty.
    11  Moreover, small city school districts function as centers not  only  for
    12  educational  purposes but also for health, civic and public safety uses.
    13  These services and uses are not adequately supported by existing  educa-
    14  tion aid.
    15    Therefore,  it  is  the  intention of the legislature to amend certain
    16  provisions of the education law to insure that the necessary funding  is
    17  available  in those districts to help them provide all their children an
    18  opportunity to receive a meaningful high school education and  to  main-
    19  tain healthy vibrant educational communities.
    20    §  3. Subdivision 1 of section 3602 of the education law is amended by
    21  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.
                                                                   LBD01876-01-7
        A. 3268                             2
     1    hh. "Small city poverty concentration count" for districts  in  cities
     2  with  populations fewer than one hundred twenty-five thousand persons in
     3  the most recent census shall mean the number equal to the product of the
     4  three-year  average  free  and  reduced  price  lunch  percent  and  the
     5  quotient, computed to three decimals without rounding, of the enrollment
     6  per  square  mile  divided  by  two,  but  not  more than three hundred.
     7  Enrollment per square mile shall be the quotient, computed to two  deci-
     8  mals  without  rounding,  of  the public school enrollment of the school
     9  district on the date enrollment was  counted  in  accordance  with  this
    10  subdivision  for  the  base  year  divided  by  the  square miles of the
    11  district, as determined by the commissioner.
    12    § 4. Paragraph s of subdivision 1 of section  3602  of  the  education
    13  law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
    14  2007, is amended to read as follows:
    15    s. "Extraordinary needs count" shall mean the sum of  the  product  of
    16  the limited English proficiency count multiplied by fifty percent, plus,
    17  the  poverty  count,  the small city poverty concentration count and the
    18  sparsity count.
    19    § 5. Subparagraph 4 of paragraph a of subdivision 4 of section 3602 of
    20  the education law, as amended by section 5-a of part A of chapter 56  of
    21  the laws of 2015, is amended to read as follows:
    22    (4)  The expected minimum local contribution shall equal the lesser of
    23  (i) the product of (A) the quotient arrived at when the selected  actual
    24  valuation  is divided by total wealth foundation pupil units, multiplied
    25  by (B) the product of the local tax factor,  multiplied  by  the  income
    26  wealth  index,  or (ii) the product of (A) the product of the foundation
    27  amount, the regional cost index, and the pupil need index, multiplied by
    28  (B) the positive difference, if any, of  one  minus  the  state  sharing
    29  ratio  for  total  foundation  aid. The local tax factor shall be estab-
    30  lished by May first of each year by determining the product, computed to
    31  four decimal places without rounding, of ninety  percent  multiplied  by
    32  the quotient of the sum of the statewide average tax rate as computed by
    33  the  commissioner for the current year in accordance with the provisions
    34  of paragraph e of subdivision one of section thirty-six  hundred  nine-e
    35  of this part plus the statewide average tax rate computed by the commis-
    36  sioner  for  the  base  year in accordance with such provisions plus the
    37  statewide average tax rate computed by the  commissioner  for  the  year
    38  prior  to  the  base year in accordance with such provisions, divided by
    39  three, provided however that for the two  thousand  seven--two  thousand
    40  eight  school  year,  such local tax factor shall be sixteen thousandths
    41  (0.016), and provided further that for the two thousand eight--two thou-
    42  sand nine school year, such  local  tax  factor  shall  be  one  hundred
    43  fifty-four  ten  thousandths  (0.0154). The income wealth index shall be
    44  calculated pursuant to paragraph d of subdivision three of this section,
    45  provided, however, that for the purposes of computing the expected mini-
    46  mum local contribution the income wealth index shall not  be  less  than
    47  [sixty-five]  fifteen percent [(0.65)] (0.15) and shall not be more than
    48  two hundred percent (2.0) and provided however that such  income  wealth
    49  index  shall  not  be  more  than ninety-five percent (0.95) for the two
    50  thousand eight--two thousand nine school year, and provided further that
    51  such income wealth index shall not be less than zero for the  two  thou-
    52  sand  thirteen--two  thousand  fourteen school year. The selected actual
    53  valuation shall be calculated pursuant to paragraph c of subdivision one
    54  of this section. Total wealth foundation pupil units shall be calculated
    55  pursuant to paragraph h of subdivision two of this section.
        A. 3268                             3
     1    § 6. Subdivision 18 of section 3602 of the education law, as added  by
     2  section  37  of  part A of chapter 58 of the laws of 2011, is amended to
     3  read as follows:
     4    18. Allocable growth amount apportionment. Such amount shall be appor-
     5  tioned  for  a school year pursuant to a chapter of the laws of New York
     6  enacted for the state fiscal year in which such school  year  commences,
     7  and  shall be allocated to purposes including but not limited to compet-
     8  itive grant awards made pursuant to subdivisions five and six of section
     9  thirty-six hundred forty-one of this article, the small city  successful
    10  schools aid allocated pursuant to subdivision forty-two of this section,
    11  the  foundation  aid  phase-in  amount  or other foundation aid increase
    12  allocated pursuant to subdivision four of this section and the gap elim-
    13  ination adjustment restoration amount apportioned pursuant  to  subdivi-
    14  sion  seventeen of this section. In the event that a chapter of the laws
    15  of New York enacted for the state fiscal year in which such school  year
    16  commences  is  not  enacted,  the allocations in support of subdivisions
    17  five and six of section thirty-six hundred  forty-one  of  this  article
    18  shall  equal the allocations in support of such awards in the base year,
    19  and the apportionments pursuant to subdivisions four  and  seventeen  of
    20  this  section  for  the  current year shall equal the apportionments for
    21  such subdivisions four and seventeen for the base year.
    22    § 7. Section 3602 of the education law is  amended  by  adding  a  new
    23  subdivision 42 to read as follows:
    24    42.  Small city successful schools aid. Commencing with aid payable in
    25  the two thousand eighteen--two thousand  nineteen  school  year,  school
    26  districts  in  city  school districts of those cities having populations
    27  fewer than one hundred twenty-five thousand inhabitants shall be  eligi-
    28  ble for an additional apportionment as provided for in this subdivision.
    29  Such  districts shall be eligible for an additional apportionment in the
    30  two thousand eighteen--two thousand nineteen school year and thereafter,
    31  in an amount equal to the product of the  three-year  average  free  and
    32  reduced  price lunch percent and the product of four hundred dollars and
    33  total aidable foundation pupil units to be  used  for  new  programs  or
    34  expanded  programs with respect to such students first begun or expanded
    35  in the two thousand eighteen--two thousand nineteen school year or ther-
    36  eafter approved by the commissioner for the following purposes:
    37    a. class size reduction;
    38    b. academic intervention services;
    39    c. response to intervention services;
    40    d. drop out prevention;
    41    e. incarcerated youth services;
    42    f. parent involvement programs;
    43    g. extended day and extended year programs; and
    44    h. psycho-social testing.
    45    § 8. This act shall take effect immediately.