Cook, Crouch, Giglio, McLaughlin, Robinson, Sepulveda, Thiele, Walter
Amd S3602, Ed L
Enacts the school funding equity act to eliminate certain minimum aid provisions for the computation of foundation aid and implements a regional cost index to reflect current cost differences among various regions in the state.
STATE OF NEW YORK
________________________________________________________________________
4609
2013-2014 Regular Sessions
IN ASSEMBLY
February 6, 2013
___________
Introduced by M. of A. RUSSELL, LUPARDO -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to eliminating certain
minimum aid provisions for the computation of foundation aid and
implement a regional cost index to reflect current cost differences
among various regions in the state
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 "school
2 funding equity act".
3 § 2. Paragraph s of subdivision 1 of section 3602 of the education
4 law, as amended by section 11 of part B of chapter 57 of the laws of
5 2007, is amended to read as follows:
6 s. "Extraordinary needs count" shall mean the sum of the product of
7 the limited English proficiency count multiplied by fifty percent, plus,
8 the product of the poverty count and one hundred fifty percent (1.50)
9 and the sparsity count.
10 § 3. Paragraph gg of subdivision 1 of section 3602 of the education
11 law, as added by section 25 of part A of chapter 58 of the laws of 2011,
12 is amended to read as follows:
13 gg. "Allocable growth amount" shall mean the positive difference, if
14 any, of the sum of the allowable growth amount and for districts which
15 have not achieved successful school district status as defined in
16 subparagraph one of paragraph a of subdivision four of this section, the
17 increase in apportionments pursuant to subdivision four of this section
18 over the base year less the sum of the competitive awards amount plus
19 the preliminary growth amount.
20 § 4. Subparagraph 1 of paragraph h of subdivision 2 of section 3602 of
21 the education law, as added by section 13 of part B of chapter 57 of the
22 laws of 2007, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07797-02-3
A. 4609 2
1 (1) Total wealth foundation pupil units shall mean the sum of (i)
2 average daily membership for the year up to five years prior to the base
3 year whichever is highest as computed in this section, plus (ii) the
4 full-time equivalent enrollment of resident pupils attending public
5 school elsewhere, less the full-time equivalent enrollment of nonresi-
6 dent pupils, plus (iii) the full-time equivalent enrollment of resident
7 pupils attending full-time in board of cooperative educational services
8 (not otherwise specifically included). Native American pupils of a
9 reservation attending public school, or pupils living on the United
10 States military reservation at West Point attending public school, shall
11 be deemed to be resident pupils of the district providing such school,
12 for purposes of this paragraph. Where a school district has entered into
13 a contract with state university pursuant to subdivision two of section
14 three hundred fifty-five of this chapter under which the school district
15 makes payment in the nature of tuition for the education of certain
16 children residing in the district, such children for whom such tuition
17 payments are made shall be deemed to be resident pupils of such district
18 for the purposes of this paragraph.
19 § 5. The opening paragraph and paragraph a of subdivision 4 of section
20 3602 of the education law, the opening paragraph as amended by section
21 6-a of part A of chapter 57 of the laws of 2012 and paragraph a as
22 amended by section 26 of part A of chapter 58 of the laws of 2011, are
23 amended to read as follows:
24 In addition to any other apportionment pursuant to this chapter, a
25 school district, other than a special act school district as defined in
26 subdivision eight of section four thousand one of this chapter, shall be
27 eligible for total foundation aid equal to the product of total aidable
28 foundation pupil units multiplied by the district's selected foundation
29 aid, which shall be [the greater of five hundred dollars ($500) or]
30 equal to the foundation formula aid, provided, however that for the two
31 thousand seven--two thousand eight through two thousand eight--two thou-
32 sand nine school years, no school district shall receive total founda-
33 tion aid in excess of the sum of the total foundation aid base for aid
34 payable in the two thousand seven--two thousand eight school year
35 computed pursuant to subparagraph (i) of paragraph j of subdivision one
36 of this section, plus the phase-in foundation increase computed pursuant
37 to paragraph b of this subdivision, and provided further that for the
38 two thousand twelve--two thousand thirteen school year and thereafter,
39 no school district shall receive total foundation aid in excess of the
40 sum of the total foundation aid base for aid payable in the two thousand
41 eleven--two thousand twelve school year computed pursuant to paragraph j
42 of subdivision one of this section, plus the phase-in foundation
43 increase computed pursuant to paragraph b of this subdivision, and
44 provided further that total foundation aid shall not be less than the
45 product of [the total] foundation aid in the base [computed pursuant to
46 paragraph j of subdivision one of this section] year and [one hundred
47 and six-tenths] eighty-five percent [(1.006)] subject to allocation
48 pursuant to the provisions of subdivision eighteen of this section and
49 any provisions of a chapter of the laws of New York as described there-
50 in, nor more than the product of such total foundation aid base and one
51 hundred [fifteen] twenty-five percent, and provided further that for the
52 two thousand nine--two thousand ten through two thousand eleven--two
53 thousand twelve school years, each school district shall receive total
54 foundation aid in an amount equal to the amount apportioned to such
55 school district for the two thousand eight--two thousand nine school
56 year pursuant to this subdivision. Total aidable foundation pupil units
A. 4609 3
1 shall be calculated pursuant to paragraph g of subdivision two of this
2 section. For the purposes of calculating aid pursuant to this subdivi-
3 sion, aid for the city school district of the city of New York shall be
4 calculated on a citywide basis.
5 a. Foundation formula aid. Foundation formula aid shall equal the
6 remainder when the expected minimum local contribution is subtracted
7 from the product of the foundation amount, the regional cost index, and
8 the pupil need index, or: (foundation amount x regional cost index x
9 pupil need index)- expected minimum local contribution.
10 (1) The foundation amount shall [reflect] equal the average per pupil
11 cost of general education instruction in all successful school districts
12 excluding only the highest decile spending successful school districts
13 and the lowest decile spending successful school districts from calcu-
14 lation of such average, as determined by a statistical analysis of the
15 costs of special education and general education in successful school
16 districts provided that the definition of such successful school
17 districts shall be aligned with performance data for success at post-
18 secondary levels and with performance on national testing and, further
19 provided that the foundation amount shall be adjusted annually to
20 reflect the percentage increase in the consumer price index as computed
21 pursuant to section two thousand twenty-two of this chapter, provided
22 that for the two thousand eight--two thousand nine school year, for the
23 purpose of such adjustment, the percentage increase in the consumer
24 price index shall be deemed to be two and nine-tenths percent (0.029),
25 and provided further that the foundation amount for the two thousand
26 seven--two thousand eight school year shall be five thousand two hundred
27 fifty-eight dollars, and provided further that for the two thousand
28 seven--two thousand eight through two thousand fifteen--two thousand
29 sixteen school years, the foundation amount shall be further adjusted by
30 the phase-in foundation percent established pursuant to paragraph b of
31 this subdivision.
32 (2) The regional cost index shall reflect an analysis of labor market
33 costs based on median salaries in professional occupations that require
34 similar credentials to those of positions in the education field, but
35 not including those occupations in the education field, provided that
36 the regional cost indices for the two thousand seven--two thousand eight
37 school year and thereafter shall be as follows:
38 Labor Force Region Index
39 Capital District [1.124] 1.149
40 Southern Tier [1.045] 1.061
41 Western New York [1.091] 1.103
42 Hudson Valley [1.314] 1.392
43 Long Island/NYC [1.425] 1.544
44 Finger Lakes [1.141] 1.133
45 Central New York [1.103] 1.130
46 Mohawk Valley [1.000] 1.036
47 North Country 1.000
48 (3) The pupil need index shall equal the sum of one plus the extraor-
49 dinary needs percent[, provided, however, that the pupil need index
50 shall not be less than one nor more than two]. The extraordinary needs
51 percent shall be calculated pursuant to paragraph w of subdivision one
52 of this section.
53 (4) The expected minimum local contribution shall equal the lesser of
54 (i) the product of (A) the quotient arrived at when the selected actual
55 valuation is divided by total wealth foundation pupil units, multiplied
56 by (B) the product of the local tax factor, multiplied by the income
A. 4609 4
1 wealth index, or (ii) the product of (A) the product of the foundation
2 amount, the regional cost index, and the pupil need index, multiplied by
3 (B) the positive difference, if any, of one minus the state sharing
4 ratio for total foundation aid. The local tax factor shall be estab-
5 lished by May first of each year by determining the product, computed to
6 four decimal places without rounding, of ninety percent multiplied by
7 the quotient of the sum of the statewide average tax rate as computed by
8 the commissioner for the current year in accordance with the provisions
9 of paragraph e of subdivision one of section thirty-six hundred nine-e
10 of this part plus the statewide average tax rate computed by the commis-
11 sioner for the base year in accordance with such provisions plus the
12 statewide average tax rate computed by the commissioner for the year
13 prior to the base year in accordance with such provisions, divided by
14 three, provided however that for the two thousand seven--two thousand
15 eight school year, such local tax factor shall be sixteen thousandths
16 (0.016), and provided further that for the two thousand eight--two thou-
17 sand nine school year, such local tax factor shall be one hundred
18 fifty-four ten thousandths (0.0154). The income wealth index shall be
19 calculated pursuant to paragraph d of subdivision three of this section,
20 provided, however, that for the purposes of computing the expected mini-
21 mum local contribution the income wealth index shall not be less than
22 [sixty-five] twenty-five percent [(0.65)] (0.25) and shall not be more
23 than [two] three hundred percent [(2.0)] (3.0) and provided however that
24 such income wealth index shall not be more than ninety-five percent
25 (0.95) for the two thousand eight--two thousand nine school year. The
26 selected actual valuation shall be calculated pursuant to paragraph c of
27 subdivision one of this section. Total wealth foundation pupil units
28 shall be calculated pursuant to paragraph h of subdivision two of this
29 section.
30 § 6. Subdivision 18 of section 3602 of the education law, as added by
31 section 37 of part A of chapter 58 of the laws of 2011, is amended to
32 read as follows:
33 18. Allocable growth amount apportionment. Such amount shall be appor-
34 tioned for a school year pursuant to a chapter of the laws of New York
35 enacted for the state fiscal year in which such school year commences,
36 and shall be allocated to purposes including but not limited to compet-
37 itive grant awards made pursuant to subdivisions five and six of section
38 thirty-six hundred forty-one of this article, the foundation aid phase-
39 in amount or other foundation aid increase allocated pursuant to subdi-
40 vision four of this section and the gap elimination adjustment restora-
41 tion amount apportioned pursuant to subdivision seventeen of this
42 section. In the event that a chapter of the laws of New York enacted for
43 the state fiscal year in which such school year commences is not
44 enacted, the allocations in support of subdivisions five and six of
45 section thirty-six hundred forty-one of this article shall equal the
46 allocations in support of such awards in the base year, and except for
47 those districts which have not achieved successful school district
48 status as defined in subparagraph one of paragraph a of subdivision four
49 of this section, the apportionments pursuant to subdivisions four and
50 seventeen of this section for the current year shall equal not more than
51 the apportionments for such subdivisions four and seventeen for the base
52 year.
53 § 7. This act shall take effect immediately.
