STATE OF NEW YORK
________________________________________________________________________
3268--A
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 -- committee discharged,
bill amended, 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
18 opportunity to receive a meaningful high school education and to main-
19 tain healthy vibrant educational communities.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01876-04-7
A. 3268--A 2
1 § 3. Subdivision 1 of section 3602 of the education law is amended by
2 adding a new paragraph hh to read as follows:
3 hh. "Small city poverty concentration count" for districts in cities
4 with populations fewer than one hundred twenty-five thousand persons in
5 the most recent census shall mean the number equal to the product of the
6 three-year average free and reduced price lunch percent and the
7 quotient, computed to three decimals without rounding, of the enrollment
8 per square mile divided by two, but not more than three hundred.
9 Enrollment per square mile shall be the quotient, computed to two deci-
10 mals without rounding, of the public school enrollment of the school
11 district on the date enrollment was counted in accordance with this
12 subdivision for the base year divided by the square miles of the
13 district, as determined by the commissioner.
14 § 4. Paragraph s of subdivision 1 of section 3602 of the education
15 law, as amended by section 11 of part B of chapter 57 of the laws of
16 2007, is amended to read as follows:
17 s. "Extraordinary needs count" shall mean the sum of the product of
18 the limited English proficiency count multiplied by fifty percent, plus,
19 the poverty count, the small city poverty concentration count and the
20 sparsity count.
21 § 5. Subparagraph 4 of paragraph a of subdivision 4 of section 3602 of
22 the education law, as amended by section 16-a of part YYY of chapter 59
23 of the laws of 2017, is amended to read as follows:
24 (4) The expected minimum local contribution shall equal the lesser of
25 (i) the product of (A) the quotient arrived at when the selected actual
26 valuation is divided by total wealth foundation pupil units, multiplied
27 by (B) the product of the local tax factor, multiplied by the income
28 wealth index, or (ii) the product of (A) the product of the foundation
29 amount, the regional cost index, and the pupil need index, multiplied by
30 (B) the positive difference, if any, of one minus the state sharing
31 ratio for total foundation aid. The local tax factor shall be estab-
32 lished by May first of each year by determining the product, computed to
33 four decimal places without rounding, of ninety percent multiplied by
34 the quotient of the sum of the statewide average tax rate as computed by
35 the commissioner for the current year in accordance with the provisions
36 of paragraph e of subdivision one of section thirty-six hundred nine-e
37 of this part plus the statewide average tax rate computed by the commis-
38 sioner for the base year in accordance with such provisions plus the
39 statewide average tax rate computed by the commissioner for the year
40 prior to the base year in accordance with such provisions, divided by
41 three, provided however that for the two thousand seven--two thousand
42 eight school year, such local tax factor shall be sixteen thousandths
43 (0.016), and provided further that for the two thousand eight--two thou-
44 sand nine school year, such local tax factor shall be one hundred
45 fifty-four ten thousandths (0.0154). The income wealth index shall be
46 calculated pursuant to paragraph d of subdivision three of this section,
47 provided, however, that for the purposes of computing the expected mini-
48 mum local contribution the income wealth index shall not be less than
49 [sixty-five] fifteen percent [(0.65)] (0.15) and shall not be more than
50 two hundred percent (2.0) and provided however that such income wealth
51 index shall not be more than ninety-five percent (0.95) for the two
52 thousand eight--two thousand nine school year, and provided further that
53 such income wealth index shall not be less than zero for the two thou-
54 sand thirteen--two thousand fourteen school year. The selected actual
55 valuation shall be calculated pursuant to paragraph c of subdivision one
A. 3268--A 3
1 of this section. Total wealth foundation pupil units shall be calculated
2 pursuant to paragraph h of subdivision two of this section.
3 § 6. Subdivision 18 of section 3602 of the education law, as added by
4 section 37 of part A of chapter 58 of the laws of 2011, is amended to
5 read as follows:
6 18. Allocable growth amount apportionment. Such amount shall be appor-
7 tioned for a school year pursuant to a chapter of the laws of New York
8 enacted for the state fiscal year in which such school year commences,
9 and shall be allocated to purposes including but not limited to compet-
10 itive grant awards made pursuant to subdivisions five and six of section
11 thirty-six hundred forty-one of this article, the small city successful
12 schools aid allocated pursuant to subdivision forty-two of this section,
13 the foundation aid phase-in amount or other foundation aid increase
14 allocated pursuant to subdivision four of this section and the gap elim-
15 ination adjustment restoration amount apportioned pursuant to subdivi-
16 sion seventeen of this section. In the event that a chapter of the laws
17 of New York enacted for the state fiscal year in which such school year
18 commences is not enacted, the allocations in support of subdivisions
19 five and six of section thirty-six hundred forty-one of this article
20 shall equal the allocations in support of such awards in the base year,
21 and the apportionments pursuant to subdivisions four and seventeen of
22 this section for the current year shall equal the apportionments for
23 such subdivisions four and seventeen for the base year.
24 § 7. Section 3602 of the education law is amended by adding a new
25 subdivision 42 to read as follows:
26 42. Small city successful schools aid. Commencing with aid payable in
27 the two thousand eighteen--two thousand nineteen school year, school
28 districts in city school districts of those cities having populations
29 fewer than one hundred twenty-five thousand inhabitants shall be eligi-
30 ble for an additional apportionment as provided for in this subdivision.
31 Such districts shall be eligible for an additional apportionment in the
32 two thousand eighteen--two thousand nineteen school year and thereafter,
33 in an amount equal to the product of the three-year average free and
34 reduced price lunch percent and the product of four hundred dollars and
35 total aidable foundation pupil units to be used for new programs or
36 expanded programs with respect to such students first begun or expanded
37 in the two thousand eighteen--two thousand nineteen school year or ther-
38 eafter approved by the commissioner for the following purposes:
39 a. class size reduction;
40 b. academic intervention services;
41 c. response to intervention services;
42 d. drop out prevention;
43 e. incarcerated youth services;
44 f. parent involvement programs;
45 g. extended day and extended year programs; and
46 h. psycho-social testing.
47 § 8. This act shall take effect immediately.
