STATE OF NEW YORK
________________________________________________________________________
3589
2025-2026 Regular Sessions
IN SENATE
January 28, 2025
___________
Introduced by Sens. JACKSON, COMRIE, HELMING, MYRIE -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education
AN ACT to amend the education law, in relation to updating the census
numbers used to calculate certain education funding
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 "education
2 funding census update act".
3 § 2. Subparagraphs (ii), (iii) and (iv) of paragraph q of subdivision
4 1 of section 3602 of the education law, as amended by section 16 of part
5 YYY of chapter 59 of the laws of 2017, are amended to read as follows:
6 (ii) "Census count" shall mean the product of the public school
7 enrollment of the school district on the date enrollment was counted in
8 accordance with this subdivision for the base year multiplied by the
9 census [2000] poverty rate.
10 (iii) "Census [2000] poverty rate" shall mean the quotient of the
11 number of persons aged five to seventeen within the school district,
12 based on the most recent federal decennial census conducted [in the year
13 two thousand] as tabulated by the National Center on Education Statis-
14 tics, who were enrolled in public schools and whose families had incomes
15 below the poverty level, divided by the total number of persons aged
16 five to seventeen within the school district, based on such decennial
17 census, who were enrolled in public schools, computed to four decimals
18 without rounding.
19 (iv) "Selected poverty rate" shall mean: (A) for school districts with
20 high concentrations of nonpublic students, the greater of the census
21 [2000] poverty rate or the three-year average small area income and
22 poverty estimate poverty rate; and (B) for all other school districts,
23 the three-year average small area income and poverty estimate poverty
24 rate. For the purposes of this subparagraph, "three-year average small
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01193-01-5
S. 3589 2
1 area income and poverty estimate poverty rate" shall equal the quotient
2 of (1) the sum of the number of persons aged five to seventeen within
3 the school district, based on the small area income and poverty esti-
4 mates produced by the United States census bureau, whose families had
5 incomes below the poverty level for the year two years prior to the year
6 in which the base year began, plus such number for the year three years
7 prior to the year in which the base year began, plus such number for the
8 year four years prior to the year in which the base year began, divided
9 by (2) the sum of the total number of persons aged five to seventeen
10 within the school district, based on such census bureau estimates, for
11 the year two years prior to the year in which the base year began, plus
12 such total number for the year three years prior to the year in which
13 the base year began, plus such total number for the year four years
14 prior to the year in which the base year began, computed to four deci-
15 mals without rounding.
16 § 3. Clause 1 of subparagraph (G) of paragraph b of subdivision 17 of
17 section 3602 of the education law, as added by section 37 of part A of
18 chapter 58 of the laws of 2011, is amended to read as follows:
19 (1) in the case of a district determined to be a high-need school
20 district pursuant to clause (c) of subparagraph two of paragraph c of
21 subdivision six of this section for the school aid computer listing
22 produced by the commissioner in support of the enacted budget for the
23 two thousand seven--two thousand eight school year and entitled
24 "SA0708",
25 (a) in the case of a city school district in a city with a population
26 in excess of one million inhabitants, four and five hundred thirty-seven
27 thousandths percent (0.04537),
28 (b) in the case of a city school district in a city with a population
29 of more than two hundred fifty thousand inhabitants and less than one
30 million inhabitants according to the [two thousand] most recent federal
31 census, four and one-tenth percent (0.041),
32 (c) in the case of a city school district in a city with a population
33 of more than two hundred ten thousand inhabitants and less than two
34 hundred fifty thousand inhabitants according to the [two thousand] most
35 recent federal census, four and thirteen hundredths percent (0.0413),
36 (d) in the case of a city school district in a city with a population
37 of more than one hundred seventy thousand inhabitants and less than two
38 hundred ten thousand inhabitants according to the [two thousand] most
39 recent federal census, five and ninety-seven hundredths percent
40 (0.0597),
41 (e) in the case of a city school district in a city with a population
42 of more than one hundred thousand inhabitants and less than one hundred
43 seventy thousand inhabitants according to the [two thousand] most recent
44 federal census, five and fifty-three hundredths percent (0.0553),
45 (f) in the case of any other such school district which has a three-
46 year average free and reduced price lunch percent greater than seventy-
47 five percent (0.75) and which has an administrative efficiency ratio
48 less than one and fifty-five hundredths percent (0.0155), four and nine
49 hundredths percent (0.0409), and
50 (g) for all other such school districts, six and eight-tenths percent
51 (0.068), or
52 § 4. This act shall take effect on the first of April next succeeding
53 the date on which it shall have become a law.
