Bill Text: NY S04007 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides net gap elimination adjustments for two thousand eleven -- two thousand twelve.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO FINANCE [S04007 Detail]
Download: New_York-2011-S04007-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4007
2011-2012 Regular Sessions
I N S E N A T E
March 13, 2011
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
AN ACT to amend part A of a chapter of the laws of 2011 amending the
education law relating to contracts for schools of excellence, as
proposed in legislative bill number S. 2808-B, in relation to net gap
elimination adjustment and repealing section 44 of such part
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 44 of part A of a chapter of the laws of 2011
2 amending the education law relating to contracts for schools of excel-
3 lence, as proposed in legislative bill number S. 2808-B, is REPEALED and
4 a new section 44 is added to read as follows:
5 S 44. SUBDIVISION 1 OF SECTION 3609-A OF THE EDUCATION LAW IS AMENDED
6 BY ADDING A NEW PARAGRAPH E TO READ AS FOLLOWS:
7 E. NET GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND ELEVEN--TWO THOU-
8 SAND TWELVE. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
9 CONTRARY, THE COMMISSIONER SHALL INCREASE PAYMENTS DUE TO EACH DISTRICT
10 FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR PURSUANT TO
11 THIS SECTION BY AN AMOUNT EQUAL TO THE POSITIVE DIFFERENCE, IF ANY,
12 BETWEEN THE GAP ELIMINATION ADJUSTMENT COMPUTED FOR SUCH DISTRICT LESS
13 THE NET GAP ELIMINATION ADJUSTMENT COMPUTED FOR SUCH DISTRICT FOR THE
14 TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, AND SUCH AMOUNT
15 SHALL BE PAID ON THE SAME DATE AS PAYMENTS SCHEDULED TO BE MADE TO THE
16 DISTRICT PURSUANT TO CLAUSE (VI) OF SUBPARAGRAPH TWO OF PARAGRAPH B OF
17 THIS SUBDIVISION FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
18 YEAR. THE COMMISSIONER SHALL COMPUTE SUCH NET GAP ELIMINATION ADJUST-
19 MENT AND SHALL PROVIDE A SCHEDULE OF SUCH PAYMENTS TO THE STATE COMP-
20 TROLLER, THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE
21 COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
22 (2) THE NET GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND ELEVEN--TWO
23 THOUSAND TWELVE SCHOOL YEAR SHALL BE COMPUTED AS FOLLOWS, BASED ON AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10224-01-1
S. 4007 2
1 UPDATED ELECTRONIC DATA FILE CONTAINING ACTUAL AND ESTIMATED DATA RELAT-
2 ING TO APPORTIONMENTS DUE AND OWING DURING THE CURRENT SCHOOL YEAR AND
3 PROJECTIONS OF SUCH APPORTIONMENTS FOR THE FOLLOWING SCHOOL YEAR TO
4 SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM THE
5 GENERAL SUPPORT FOR PUBLIC SCHOOLS, GROWTH AND BOARDS OF COOPERATIVE
6 EDUCATIONAL SERVICES APPROPRIATIONS PRODUCED PURSUANT TO PARAGRAPH B OF
7 SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER ON
8 FEBRUARY FIFTEENTH OF THE BASE YEAR.
9 (I) THE PERCENTAGE REDUCTION SHALL BE THE SUM OF (A) THE PRODUCT OF
10 THE TOTAL AID FOR ADJUSTMENT, MULTIPLIED BY SIX AND FOUR-TENTHS PERCENT
11 (0.064), AND (B) THE PRODUCT OF FOUR THOUSAND FOUR HUNDRED DOLLARS
12 ($4,400) MULTIPLIED BY THE REDUCTION FACTOR, MULTIPLIED BY THE PUBLIC
13 SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO
14 SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX
15 HUNDRED TWO OF THIS PART, PROVIDED, HOWEVER, THAT SUCH PERCENTAGE
16 REDUCTION SHALL NOT BE LESS THAN THE PRODUCT OF TEN PERCENT (0.1) MULTI-
17 PLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PRODUCT OF
18 TWENTY PERCENT (0.2) MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT.
19 (II) THE TAX EFFORT REDUCTION SHALL BE THE PRODUCT OF THE TOTAL AID
20 FOR ADJUSTMENT, MULTIPLIED BY THE QUOTIENT OF TWENTY-THREE PERCENT
21 (0.23) DIVIDED BY THE QUOTIENT OF THE TAX EFFORT RATIO DIVIDED BY THREE
22 HUNDRED EIGHTY-FOUR THOUSANDTHS (0.0384), PROVIDED, HOWEVER, THAT SUCH
23 TAX EFFORT REDUCTION SHALL NOT BE LESS THAN THE PRODUCT OF TEN PERCENT
24 (0.1) MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE
25 PRODUCT OF TWENTY PERCENT (0.2) MULTIPLIED BY SUCH TOTAL AID FOR ADJUST-
26 MENT.
27 (III) THE TGFE CHECK SHALL BE THE PRODUCT OF THE TGFE PERCENTAGE AND
28 THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE BASE YEAR.
29 (IV) THE ADMINISTRATIVE EFFICIENCY OFFSET SHALL BE THE PRODUCT OF
30 SEVENTY-FIVE DOLLARS ($75), MULTIPLIED BY THE STATE SHARING RATIO,
31 MULTIPLIED BY THE TOTAL AIDABLE FOUNDATION PUPIL UNITS.
32 (V) THE NEEDS-BASED AWARD SHALL BE THE PRODUCT OF THE NEEDS-BASED FLAT
33 GRANT, MULTIPLIED BY THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE
34 YEAR COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION
35 ONE OF SUCH SECTION THIRTY-SIX HUNDRED TWO OF THIS PART.
36 THE GAP ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE LESSER
37 OF THE DISTRICT'S PERCENTAGE REDUCTION AND ITS TGFE CHECK, PROVIDED,
38 HOWEVER, THAT IN THE CASE OF A DISTRICT WITH A TAX EFFORT RATIO GREATER
39 THAN FOUR PERCENT (0.04), THE GAP ELIMINATION ADJUSTMENT FOR A DISTRICT
40 SHALL EQUAL THE LESSER OF THE PERCENTAGE REDUCTION, THE TGFE CHECK AND
41 THE TAX EFFORT REDUCTION, AND FURTHER PROVIDED THAT IN THE CASE OF A
42 SCHOOL DISTRICT, OTHER THAN A CITY SCHOOL DISTRICT OF A CITY HAVING A
43 POPULATION IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND, WITH (A) AN
44 ADMINISTRATIVE EFFICIENCY RATIO OF LESS THAN ONE AND EIGHT-TENTHS
45 PERCENT (0.018) AND (B) AN ADMINISTRATIVE EXPENSE PER PUPIL OF LESS THAN
46 THREE HUNDRED FORTY-EIGHT DOLLARS ($348), THE GAP ELIMINATION ADJUSTMENT
47 SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE ADMINISTRATIVE EFFICIENCY
48 OFFSET, AND FURTHER PROVIDED THAT, WHERE APPLICABLE, THE GAP ELIMINATION
49 ADJUSTMENT SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE NEEDS-BASED AWARD.
50 (3) FOR THE PURPOSES OF SUCH COMPUTATION, (I) "TOTAL AID FOR ADJUST-
51 MENT" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH FOR EACH SCHOOL
52 DISTRICT AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES + SPECIAL
53 SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
54 TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL
55 SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL",
56 "ACADEMIC ENHANCEMENT", "HIGH TAX AID" AND "SUPPLEMENTAL PUB EXCESS
S. 4007 3
1 COST" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID
2 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
3 TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
4 SCHOOL YEAR;
5 (II) "THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT" SHALL
6 MEAN THE QUOTIENT OF (A) THE SUM OF THE NUMBER OF PUPILS IN KINDERGARTEN
7 THROUGH GRADE SIX ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT WHO HAVE
8 APPLICATIONS ON FILE OR WHO ARE LISTED ON A DIRECT CERTIFICATION LETTER
9 CONFIRMING THEIR ELIGIBILITY FOR PARTICIPATION IN THE STATE AND FEDER-
10 ALLY FUNDED FREE AND REDUCED PRICE LUNCH PROGRAM ON THE DATE ENROLLMENT
11 WAS COUNTED IN ACCORDANCE WITH THIS SUBDIVISION FOR THE YEAR PRIOR TO
12 THE BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
13 REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE
14 BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
15 REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR THREE YEARS PRIOR TO
16 THE BASE YEAR, DIVIDED BY (B) THE SUM OF THE NUMBER OF PUPILS IN KINDER-
17 GARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC
18 SCHOOL DISTRICT ON THE DATE ENROLLMENT WAS COUNTED IN ACCORDANCE WITH
19 THIS SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER
20 OF PUPILS IN KINDERGARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT
21 REGISTER OF A PUBLIC SCHOOL DISTRICT COMPUTED FOR THE YEAR TWO YEARS
22 PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER OF PUPILS IN KINDERGARTEN
23 THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC SCHOOL
24 DISTRICT COMPUTED FOR THE YEAR THREE YEARS PRIOR TO THE BASE YEAR; AND
25 (III) "TOTAL AIDABLE FOUNDATION PUPIL UNITS" SHALL MEAN THE TOTAL
26 AIDABLE FOUNDATION PUPIL UNITS COMPUTED PURSUANT TO PARAGRAPH G OF
27 SUBDIVISION TWO OF SUCH SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, FOR
28 THE PURPOSES OF COMPUTING TOTAL FOUNDATION AID; AND
29 (IV) "COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID" SHALL MEAN THE
30 COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO
31 SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION THIRTY-
32 SIX HUNDRED TWO OF THIS PART; AND
33 (V) "THE STATE SHARING RATIO" SHALL MEAN THE STATE SHARING RATIO
34 COMPUTED FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH G OF
35 SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, BUT
36 NOT LESS THAN TEN PERCENT (0.10); AND
37 (VI) "TAX EFFORT RATIO" SHALL MEAN THE TAX EFFORT RATIO COMPUTED
38 PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH A OF SUBDIVISION SIXTEEN OF
39 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART; AND
40 (VII) "REDUCTION FACTOR" SHALL MEAN THE PRODUCT OF THE POSITIVE
41 REMAINDER OF ONE LESS THE THREE-YEAR AVERAGE FREE AND REDUCED PRICE
42 LUNCH PERCENT, MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDA-
43 TION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
44 VISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART; AND
45 (VIII) "NEEDS-BASED FLAT GRANT" SHALL MEAN, (A) IN THE CASE OF A
46 DISTRICT DETERMINED TO BE A HIGH NEED SCHOOL DISTRICT PURSUANT TO CLAUSE
47 (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF SECTION
48 THIRTY-SIX HUNDRED TWO OF THIS PART FOR THE SCHOOL AID COMPUTER LISTING
49 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE
50 TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED
51 "SA0708", HAVING A NEED-RESOURCE CATEGORY OF THREE OR FOUR, SEVENTY
52 DOLLARS ($70.00), AND (B) IN THE CASE OF A DISTRICT DETERMINED TO BE AN
53 AVERAGE NEED SCHOOL DISTRICT PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO
54 OF PARAGRAPH C OF SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF
55 THIS PART FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
56 SIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO
S. 4007 4
1 THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", HAVING A NEED-RESOURCE
2 CATEGORY OF FIVE, FIFTY-FIVE DOLLARS ($55.00).
3 (IX) "ADMINISTRATIVE EFFICIENCY RADIO" SHALL MEAN THE QUOTIENT OF THE
4 SUM OF THE EXPENDITURES RELATED TO THE BOARD OF EDUCATION, INCLUDING
5 EXPENDITURES FOR THE BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
6 THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE TAX
7 COLLECTOR'S OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
8 TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR THE CHIEF
9 SCHOOL OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
10 NEL OFFICE, THE RECORDS MANAGEMENT OFFICER, PUBLIC INFORMATION AND
11 SERVICES, FEES FOR FISCAL AGENTS AND UNDISTRIBUTED INDIRECT COSTS,
12 DIVIDED BY THE TOTAL EXPENDITURES CHARGED BY A DISTRICT TO THE GENERAL,
13 DEBT SERVICE, AND SPECIAL AID FUNDS, EXCLUDING TRANSFERS FROM THE GENER-
14 AL FUND TO THE DEBT SERVICE AND SPECIAL AID FUNDS, BASED ON EXPENDITURES
15 REPORTED BY THE DISTRICT FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE
16 YEAR, BASED ON DATA ON FILE FOR AN ELECTRONIC DATA FILE USED TO PRODUCE
17 THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT
18 OF THE EXECUTIVE BUDGET REQUEST; AND
19 (X) "ADMINISTRATIVE EXPENSE PER PUPIL" SHALL MEAN THE QUOTIENT OF THE
20 SUM OF THE EXPENDITURES RELATED TO THE BOARD OF EDUCATION, INCLUDING
21 EXPENDITURES FOR THE BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
22 THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE TAX
23 COLLECTOR'S OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
24 TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR THE CHIEF
25 SCHOOL OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
26 NEL OFFICE, THE RECORDS MANAGEMENT OFFICER, PUBLIC INFORMATION AND
27 SERVICES, FEES FOR FISCAL AGENTS AND UNDISTRIBUTED INDIRECT COSTS,
28 CHARGED BY A DISTRICT TO THE GENERAL, DEBT SERVICE, AND SPECIAL AID
29 FUNDS, BASED ON EXPENDITURES REPORTED BY THE DISTRICT FOR THE SCHOOL
30 YEAR TWO YEARS PRIOR TO THE BASE YEAR, DIVIDED BY THE PUBLIC SCHOOL
31 DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO SUBPARAGRAPH
32 TWO OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
33 OF THIS PART BASED ON DATA ON FILE FOR AN ELECTRONIC DATA FILE USED TO
34 PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
35 SUPPORT OF THE EXECUTIVE BUDGET REQUEST; AND
36 (XI) "TGFE PERCENTAGE" SHALL MEAN, (A) IN THE CASE OF A DISTRICT
37 DETERMINED TO BE A HIGH NEED SCHOOL DISTRICT PURSUANT TO CLAUSE (C) OF
38 SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF SECTION THIRTY-SIX
39 HUNDRED TWO OF THIS PART FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY
40 THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND
41 SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR A
42 SCHOOL DISTRICT WHICH HAS A THREE-YEAR AVERAGE FREE AND REDUCED PRICE
43 LUNCH PERCENT GREATER THAN SEVENTY-FIVE PERCENT (0.75) AND WHICH HAS AN
44 ADMINISTRATIVE EFFICIENCY RATIO LESS THAN ONE AND FIFTY-FIVE ONE
45 HUNDREDTHS PERCENT (0.0155), FOUR AND SEVEN TENTHS PERCENT (0.047) AND
46 FOR ALL OTHER SUCH SCHOOL DISTRICTS, SIX AND NINE TENTHS PERCENT
47 (0.069), OR (B) IN THE CASE OF ALL OTHER SCHOOL DISTRICTS, ELEVEN
48 PERCENT (0.11).
49 S 2. This act shall take effect on the same date and in the same
50 manner as part A of a chapter of the laws of 2011 amending the education
51 law relating to contracts for schools of excellence, as proposed in
52 legislative bill number S. 2808-B, takes effect.
