NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5463B
SPONSOR: Brindisi TITLE OF BILL: An act to amend the education law, in relation to the
computation of foundation aid and successful schools aid for small city
school districts
PURPOSE:
To amend computation of foundation aid and successful schools aid in
small city school districts sufficient to insure funding of a meaningful
high school education.
SUMMARY OF PROVISIONS:
To add small city successful schools aid for the following uses:
a) Class size reduction b) Academic intervention services
c) Response to intervention services
d) Dropout prevention
e) Incarcerated youth services
f) Parent involvement programs,
g) Extended day and extended year programs, and h) Psycho-social test-
ing.
To amend computation of foundation aid to add a small city poverty
concentration count and lower the income wealth index.
JUSTIFICATION:
Small city school districts face unprecedented educational and fiscal
challenges. These challenges have threatened the capacity of many
districts to provide a meaningful high school education as required by
the state constitution. Current provisions in the foundation aid formula
do not deliver the aid to all districts necessary to enable them to meet
this requirement fully. Moreover, current education aid does not
adequately compensate for the burdens facing these districts from the
high concentration of poverty in the cities. These districts serve as
centers providing not only educational services but also health, civic
and public safety uses. These services and uses cause an overburden
which is not adequately supported by existing education aid.
The state constitution requires and promises that a meaningful high
school education be provided to all children wherever they reside and
whatever school district they attend. This bill would make it possible
to fulfill that promise.
LEGISLATIVE HISTORY:
2015 - Education Committee.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
5463--B
2015-2016 Regular Sessions
IN ASSEMBLY
February 24, 2015
___________
Introduced by M. of A. BRINDISI, LUPARDO, SANTABARBARA, KAMINSKY,
RUSSELL, CAHILL, KEARNS, MAGEE, STECK, SKARTADOS, WOERNER, LAVINE,
FAHY, McDONALD, BARRETT, RYAN, ARROYO, SCHIMMINGER, GALEF -- Multi-
Sponsored by -- M. of A. CERETTO -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09114-05-6
A. 5463--B 2
1 opportunity to receive a meaningful high school education and to main-
2 tain healthy vibrant educational communities.
3 § 3. Subdivision 1 of section 3602 of the education law is amended by
4 adding a new paragraph hh to read as follows:
5 hh. "Small city poverty concentration count" for districts in cities
6 with populations fewer than one hundred twenty-five thousand persons in
7 the most recent census shall mean the number equal to the product of the
8 three-year average free and reduced price lunch percent and the
9 quotient, computed to three decimals without rounding, of the enrollment
10 per square mile divided by two, but not more than three hundred.
11 Enrollment per square mile shall be the quotient, computed to two deci-
12 mals without rounding, of the public school enrollment of the school
13 district on the date enrollment was counted in accordance with this
14 subdivision for the base year divided by the square miles of the
15 district, as determined by the commissioner.
16 § 4. Paragraph s of subdivision 1 of section 3602 of the education
17 law, as amended by section 11 of part B of chapter 57 of the laws of
18 2007, is amended to read as follows:
19 s. "Extraordinary needs count" shall mean the sum of the product of
20 the limited English proficiency count multiplied by fifty percent, plus,
21 the poverty count, the small city poverty concentration count and the
22 sparsity count.
23 § 5. Subparagraph 4 of paragraph a of subdivision 4 of section 3602 of
24 the education law, as amended by section 5-a of part A of chapter 56 of
25 the laws of 2015, is amended to read as follows:
26 (4) The expected minimum local contribution shall equal the lesser of
27 (i) the product of (A) the quotient arrived at when the selected actual
28 valuation is divided by total wealth foundation pupil units, multiplied
29 by (B) the product of the local tax factor, multiplied by the income
30 wealth index, or (ii) the product of (A) the product of the foundation
31 amount, the regional cost index, and the pupil need index, multiplied by
32 (B) the positive difference, if any, of one minus the state sharing
33 ratio for total foundation aid. The local tax factor shall be estab-
34 lished by May first of each year by determining the product, computed to
35 four decimal places without rounding, of ninety percent multiplied by
36 the quotient of the sum of the statewide average tax rate as computed by
37 the commissioner for the current year in accordance with the provisions
38 of paragraph e of subdivision one of section thirty-six hundred nine-e
39 of this part plus the statewide average tax rate computed by the commis-
40 sioner for the base year in accordance with such provisions plus the
41 statewide average tax rate computed by the commissioner for the year
42 prior to the base year in accordance with such provisions, divided by
43 three, provided however that for the two thousand seven--two thousand
44 eight school year, such local tax factor shall be sixteen thousandths
45 (0.016), and provided further that for the two thousand eight--two thou-
46 sand nine school year, such local tax factor shall be one hundred
47 fifty-four ten thousandths (0.0154). The income wealth index shall be
48 calculated pursuant to paragraph d of subdivision three of this section,
49 provided, however, that for the purposes of computing the expected mini-
50 mum local contribution the income wealth index shall not be less than
51 [sixty-five] fifteen percent [(0.65)] (0.15) and shall not be more than
52 two hundred percent (2.0) and provided however that such income wealth
53 index shall not be more than ninety-five percent (0.95) for the two
54 thousand eight--two thousand nine school year, and provided further that
55 such income wealth index shall not be less than zero for the two thou-
56 sand thirteen--two thousand fourteen school year. The selected actual
A. 5463--B 3
1 valuation shall be calculated pursuant to paragraph c of subdivision one
2 of this section. Total wealth foundation pupil units shall be calculated
3 pursuant to paragraph h of subdivision two of this section.
4 § 6. Subdivision 18 of section 3602 of the education law, as added by
5 section 37 of part A of chapter 58 of the laws of 2011, is amended to
6 read as follows:
7 18. Allocable growth amount apportionment. Such amount shall be appor-
8 tioned for a school year pursuant to a chapter of the laws of New York
9 enacted for the state fiscal year in which such school year commences,
10 and shall be allocated to purposes including but not limited to compet-
11 itive grant awards made pursuant to subdivisions five and six of section
12 thirty-six hundred forty-one of this article, the small city successful
13 schools aid allocated pursuant to subdivision forty-two of this section,
14 the foundation aid phase-in amount or other foundation aid increase
15 allocated pursuant to subdivision four of this section and the gap elim-
16 ination adjustment restoration amount apportioned pursuant to subdivi-
17 sion seventeen of this section. In the event that a chapter of the laws
18 of New York enacted for the state fiscal year in which such school year
19 commences is not enacted, the allocations in support of subdivisions
20 five and six of section thirty-six hundred forty-one of this article
21 shall equal the allocations in support of such awards in the base year,
22 and the apportionments pursuant to subdivisions four and seventeen of
23 this section for the current year shall equal the apportionments for
24 such subdivisions four and seventeen for the base year.
25 § 7. Section 3602 of the education law is amended by adding a new
26 subdivision 42 to read as follows:
27 42. Small city successful schools aid. Commencing with aid payable in
28 the two thousand sixteen--two thousand seventeen school year, school
29 districts in city school districts of those cities having populations
30 fewer than one hundred twenty-five thousand inhabitants shall be eligi-
31 ble for an additional apportionment as provided for in this subdivision.
32 Such districts shall be eligible for an additional apportionment in the
33 two thousand sixteen--two thousand seventeen school year and thereafter,
34 in an amount equal to the product of the three-year average free and
35 reduced price lunch percent and the product of four hundred dollars and
36 total aidable foundation pupil units to be used for new programs or
37 expanded programs with respect to such students first begun or expanded
38 in the two thousand sixteen--two thousand seventeen school year or ther-
39 eafter approved by the commissioner for the following purposes:
40 a. class size reduction;
41 b. academic intervention services;
42 c. response to intervention services;
43 d. drop out prevention;
44 e. incarcerated youth services;
45 f. parent involvement programs;
46 g. extended day and extended year programs; and
47 h. psycho-social testing.
48 § 8. This act shall take effect immediately.
