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A42008 Summary:

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                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8--A
 
                               Third Extraordinary Session
 
                   IN ASSEMBLY
 
                                    November 29, 2010
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
          once  and  referred  to  the  Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend chapter 53 of the laws of 2010, enacting the  education,

          labor  and  family  assistance  budget,  making appropriations for the
          support of government
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 1 of chapter 53 of the laws of 2010, enacting the
     2  education, labor and family assistance budget, is amended  by  repealing
     3  the  items  hereinbelow  set  forth  in  brackets  and by adding to such
     4  section the other items underscored in this section.
 
     5                EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET
 
     6                            EDUCATION DEPARTMENT
 
     7               STATE OPERATIONS AND AID TO LOCALITIES 2010-11
 
     8  ELEMENTARY, MIDDLE,  SECONDARY  AND  CONTINUING  EDUCATION
     9    PROGRAM
 
    10    General Fund / Aid to Localities
    11    Local Assistance Account - 001
 
    12  For  general  support  for  public  schools,

    13    provided,  however,  that  notwithstanding
    14    any  provision of law to the contrary, the
    15    commissioner shall reduce payments due  to
    16    each district for the 2010-11 state fiscal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12330-04-0
        A. 8--A                             2
 
     1    year  pursuant  to  section 3609 -a of the
     2    education law by an amount  based  on  the
     3    gap  elimination  adjustment for 2010-2011
     4    school  year  computed  for such district,
     5    where the positive difference, if any,  of
     6    such amount less any other gap elimination
     7    adjustment  enacted  pursuant to a chapter
     8    of the laws of 2010 shall be deducted from

     9    moneys apportioned  for  the  purposes  of
    10    payments  made for the 2010-11 school year
    11    pursuant to section 3609 -a of the  educa-
    12    tion  law,  and  provided further that the
    13    commissioner shall compute such gap elimi-
    14    nation  adjustment  and  shall  provide  a
    15    schedule  of such reduction in payments to
    16    the state comptroller, the director of the
    17    budget, the chair of  the  senate  finance
    18    committee  and  the  chair of the assembly
    19    ways and means committee,  where  the  gap
    20    elimination  adjustment for 2010-11 school
    21    year shall be based on data  used  by  the
    22    commissioner for the purposes of producing
    23    a  school  aid computer listing in support
    24    of the executive budget proposal  for  the
    25    2010-11    school    year   and   entitled
    26    "BT101-1", and the gap elimination adjust-

    27    ment for a district shall  equal  (A)  the
    28    district's percentage reduction, provided,
    29    however,  that  in  the case of a district
    30    with a tax effort ratio greater than three
    31    and  five-tenths  percent  (0.035)  and  a
    32    combined wealth ratio for total foundation
    33    aid  that is less than four (4.0), the gap
    34    elimination  adjustment  for  a   district
    35    shall  equal  the lesser of the percentage
    36    reduction and the  tax  effort  reduction,
    37    and further provided, (B) in the case of a
    38    district  determined  to  be  a  high need
    39    school district pursuant to clause (c)  of
    40    subparagraph  2 of paragraph c of subdivi-
    41    sion 6 of section 3602  of  the  education
    42    law  for  the  school aid computer listing
    43    produced by the commissioner in support of
    44    the enacted budget for the 2007-08  school

    45    year and entitled "SA0708", the gap elimi-
    46    nation  adjustment  for  a  district shall
    47    equal the lesser of the TGFE check and the
    48    gap elimination adjustment selected pursu-
    49    ant to subclause  (A)  of  this  appropri-
    50    ation,  and  further  provided that in the
    51    case of a school district,  other  than  a
    52    city  school  district  of a city having a
    53    population in excess of 125,000,  with  an
    54    administrative  efficiency  ratio  of less
    55    than two percent (0.02),  the  gap  elimi-
    56    nation  adjustment  shall be reduced by an
        A. 8--A                             3
 
     1    amount equal to the  administrative  effi-
     2    ciency  offset,  where  (i) the percentage
     3    reduction shall be  the  sum  of  (A)  the
     4    product  of  the total aid for adjustment,
     5    multiplied by five and five-tenths percent

     6    (0.055), and (B) the product of  $3,121.00
     7    multiplied by the reduction factor, multi-
     8    plied   by   the  public  school  district
     9    enrollment  for  the  base  year  computed
    10    pursuant  to subparagraph 2 of paragraph n
    11    of subdivision 1 of section  3602  of  the
    12    education  law,  provided,  however,  that
    13    such percentage  reduction  shall  not  be
    14    less  than  the  product  of eight percent
    15    (0.08) multiplied by such  total  aid  for
    16    adjustment,  and not more than the product
    17    of twenty-one percent (0.21) multiplied by
    18    such total aid for  adjustment,  and  (ii)
    19    the  tax  effort  reduction  shall  be the
    20    product of the total aid  for  adjustment,
    21    multiplied  by  the quotient of twenty-one
    22    percent (0.21) divided by the quotient  of
    23    the  tax effort ratio divided by three and

    24    five-tenths  percent  (0.035),   provided,
    25    however,  that  such  tax effort reduction
    26    shall not be less than the product of  ten
    27    percent  (0.10)  multiplied  by such total
    28    aid for adjustment, and not more than  the
    29    product   of   twenty-one  percent  (0.21)
    30    multiplied by such total aid  for  adjust-
    31    ment,  and  (iii)  the TGFE check shall be
    32    the product of the TGFE percentage and the
    33    total general fund  expenditures  of  such
    34    district  in  the  base year, and (iv) the
    35    administrative efficiency offset shall  be
    36    the  product  of $80.00, multiplied by the
    37    state sharing  ratio,  multiplied  by  the
    38    total  aidable foundation pupil units, and
    39    the net gap elimination adjustment  for  a
    40    district  shall  equal  the product of the
    41    gap elimination adjustment computed pursu-

    42    ant to this appropriation,  multiplied  by
    43    sixty-six  and  four  hundred seventy-nine
    44    ten-thousandths  percent  (0.660479),  and
    45    provided   further   that,   (v)  for  the
    46    purposes of such computation,  (A)  "total
    47    aid  for adjustment" shall mean the sum of
    48    the amounts  set  forth  for  each  school
    49    district  as "FOUNDATION AID", "FULL DAY K
    50    CONVERSION", "BOCES +  SPECIAL  SERVICES",
    51    "PUBLIC  HIGH  COST SPECIAL EDN", "PRIVATE
    52    SPECIAL EDUCATION", "HARDWARE &  TECHNOLO-
    53    GY",    "SOFTWARE,   LIBRARY,   TEXTBOOK",
    54    "TRANSPORTATION INCL  SUMMER",  "OPERATING
    55    REORG  INCENTIVE", "CHARTER SCHOOL TRANSI-
    56    TIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX
        A. 8--A                             4
 
     1    AID" AND "SUPPLEMENTAL  PUB  SPECIAL  EDN"
     2    under the heading "2010-11 ESTIMATED AIDS"

     3    in   the   school   aid  computer  listing
     4    produced by the commissioner in support of
     5    the  executive  budget  proposal  for  the
     6    2010-11   school   year    and    entitled
     7    "BT101-1",  and  (B)  "three-year  average
     8    free  and  reduced  price  lunch  percent"
     9    shall  mean the quotient of (1) the sum of
    10    the  number  of  pupils  in   kindergarten
    11    through  grade  six  attending  the public
    12    schools of the district who have  applica-
    13    tions  on  file  or  who  are  listed on a
    14    direct  certification  letter   confirming
    15    their eligibility for participation in the
    16    state   and   federally  funded  free  and
    17    reduced price lunch program  on  the  date
    18    enrollment  was counted in accordance with
    19    this subdivision for the year prior to the
    20    base year, plus such  number  of  eligible

    21    applicants  for the free and reduced price
    22    lunch program computed for  the  year  two
    23    years  prior  to  the base year, plus such
    24    number of eligible applicants for the free
    25    and reduced price lunch  program  computed
    26    for the year three years prior to the base
    27    year, divided by (2) the sum of the number
    28    of  pupils  in  kindergarten through grade
    29    six on a regular enrollment register of  a
    30    public school district on the date enroll-
    31    ment  was  counted in accordance with this
    32    subdivision for the year prior to the base
    33    year,  plus  such  number  of  pupils   in
    34    kindergarten  through grade six on a regu-
    35    lar enrollment register of a public school
    36    district computed for the year  two  years
    37    prior  to  the base year, plus such number
    38    of pupils in  kindergarten  through  grade

    39    six  on a regular enrollment register of a
    40    public school district  computed  for  the
    41    year  three  years prior to the base year,
    42    and (C) "total  aidable  foundation  pupil
    43    units"  shall mean the total aidable foun-
    44    dation pupil units  computed  pursuant  to
    45    paragraph  g  of  subdivision 2 of section
    46    3602  of  the  education  law,   and   (D)
    47    "combined  wealth  ratio for total founda-
    48    tion aid" shall mean the  combined  wealth
    49    ratio  for  total  foundation aid computed
    50    pursuant to subparagraph 2 of paragraph  c
    51    of  subdivision  3  of section 3602 of the
    52    education law, and (E) "the state  sharing
    53    ratio"  shall mean the state sharing ratio
    54    computed for total foundation aid computed
    55    pursuant to paragraph g of  subdivision  3
    56    of  section 3602 of the education law, but

        A. 8--A                             5
 
     1    not less than ten percent (0.10), and  (F)
     2    "tax  effort  ratio"  shall  mean  the tax
     3    effort ratio computed pursuant to subpara-
     4    graph  3  of paragraph a of subdivision 16
     5    of section 3602 of the education law,  and
     6    (G)  "reduction  factor"  shall  mean  the
     7    product of the positive remainder  of  one
     8    less   the  three-year  average  free  and
     9    reduced price lunch percent, multiplied by
    10    the combined wealth ratio for total  foun-
    11    dation  aid, and (H) "administrative effi-
    12    ciency ratio" shall mean the  quotient  of
    13    the sum of the expenditures related to the
    14    board of education, including expenditures
    15    for  the  board of education, the district
    16    clerk's  office,  the  district   meeting,
    17    auditing  service, the treasurer's office,

    18    the tax collector's office, legal services
    19    and the school census,  plus  expenditures
    20    for   central   administration,  including
    21    expenditures for the chief school officer,
    22    the  business   office,   the   purchasing
    23    office,  the personnel office, the records
    24    management officer, public information and
    25    services  and  fees  for  fiscal   agents,
    26    divided  by the total expenditures charged
    27    by  a  district  to  the   general,   debt
    28    service,  and special aid funds, excluding
    29    transfers from the  general  fund  to  the
    30    debt  service and special aid funds, based
    31    on expenditures reported by  the  district
    32    for the school year two years prior to the
    33    base  year,  based  on data on file for an
    34    electronic data file used to  produce  the
    35    school  aid  computer  listing produced by

    36    the commissioner in support of the  execu-
    37    tive   budget   request,   and  (I)  "TGFE
    38    percentage"  shall  mean,  for  a   school
    39    district  which  has  a three-year average
    40    free  and  reduced  price  lunch   percent
    41    greater  than  seventy-five percent (0.75)
    42    and which has an administrative efficiency
    43    ratio less than one and  one-half  percent
    44    (0.015),   three  and  six-tenths  percent
    45    (0.036)   and   for   all   other   school
    46    districts,   five   percent   (0.05)   and
    47    provided further that, notwithstanding any
    48    inconsistent provision of law, subject  to
    49    the  approval of the director of the budg-
    50    et,  funds  appropriated  herein  may   be
    51    interchanged with any other item of appro-
    52    priation  for  general  support for public
    53    schools  within  the  general  fund  local

    54    assistance   account  elementary,  middle,
    55    secondary   and    continuing    education
    56    program.
        A. 8--A                             6
 
     1  Notwithstanding any other law, rule or regu-
     2    lation to the contrary, funds appropriated
     3    herein  shall  be available for payment of
     4    financial assistance net of any  disallow-
     5    ances, refunds, reimbursement and credits,
     6    and  may  be suballocated to other depart-
     7    ments  and  agencies  to  accomplish   the
     8    intent  of  this  appropriation subject to
     9    the approval of the director of the  budg-
    10    et.  Notwithstanding  any provision of law
    11    to the contrary, funds appropriated herein
    12    shall be available for payment of  liabil-
    13    ities hereafter to accrue ................
    14    ........................ [10,920,666,000] 10,620,666,000
 

    15    Special Revenue Funds - Federal / Aid to Localities
    16    Federal Department of Education Fund - 267
 
    17  For  support  of  elementary,  and secondary
    18    education from the education jobs fund  as
    19    funded  by the federal education jobs fund
    20    program as authorized by public law number
    21    111-226.   Notwithstanding    any    other
    22    provision  of  law  to the contrary, funds
    23    shall be available to each school district
    24    eligible for an apportionment pursuant  to
    25    subdivision  4  of  section  3602  of  the
    26    education law in an amount  equal  to  the
    27    product of the net gap elimination adjust-
    28    ment  computed  pursuant  to this chapter,
    29    multiplied by forty-three and  twenty-five

    30    thousand nine hundred eighty-nine one-mil-
    31    lionths  percent (0.43025989). Such appor-
    32    tionment shall be available to each school
    33    district for the 2010-11 school  year  and
    34    thereafter,  provided  that prior to April
    35    1, 2011, each  school  district  shall  be
    36    eligible  for  an amount up to the product
    37    of seventy percent  (0.70)  multiplied  by
    38    the   apportionment.   Funds  appropriated
    39    herein shall be subject to all  applicable
    40    reporting  and accountability requirements
    41    imposed by such act ........................ 607,592,000
 
    42    Special Revenue Funds - Federal / Aid to Localities
    43    State Fiscal Stabilization Fund - 267
 
    44  For  the  purposes  of  the   state   fiscal

    45    stabilization    fund-other   governmental
    46    services fund as funded  by  the  American
    47    recovery  and  reinvestment  act  of 2009.
    48    Funds appropriated herein shall be subject
    49    to all applicable reporting  and  account-
    50    ability  requirements  contained  in  such
    51    act.
        A. 8--A                             7
 
     1  Funds appropriated herein shall be available
     2    for services and expenses [of the] associ-
     3    ated with the math and science high school
     4    program for the 2010-11 school year in the
     5    amount  of  $1,382,000, provided that such
     6    funds shall  be  allocated  equally  among
     7    [the  same]  those  entities that received
     8    [such] program funding for  the  [2008-09]

     9    2007-08 school year and participate in the
    10    program in 2010-11 ............. 1,382,000
    11                                --------------
 
    12    Special Revenue Funds - Other / Aid to Localities
    13    State Lottery Fund - 160
 
    14  For  general  support for public schools for
    15    the  2010-11  school  year,   for   grants
    16    awarded  pursuant  to  subparagraph 2-a of
    17    paragraph b of subdivision  4  of  section
    18    92-c of the state finance law ............
    19    ............................ [562,000,000]   862,000,000
    20                                --------------
 
    21                            EDUCATION DEPARTMENT
 
    22      STATE OPERATIONS AND AID TO LOCALITIES - REAPPROPRIATIONS 2010-11
 
    23  ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION PROGRAM
 
    24    Special Revenue Funds - Federal / Aid to Localities

    25    State Fiscal Stabilization Fund - 267
 
    26  The appropriation made by chapter 53, section 1, of the laws of 2009, is
    27      hereby amended and reappropriated to read:
    28    For  the purposes of the state fiscal stabilization fund-other govern-
    29      mental services fund as funded by the American  recovery  and  rein-
    30      vestment  act of 2009. Funds appropriated herein shall be subject to
    31      all applicable reporting and accountability  requirements  contained
    32      in such act.
    33    Funds appropriated herein shall be available for services and expenses
    34      [of  the]  associated  with the math and science high school program
    35      for the 2009-10 school year in the amount  of  $1,382,000,  provided
    36      that such funds shall be allocated equally among those entities that

    37      received program funding for the 2007-08 school year ...............
    38      1,382,000 ......................................... (re. $1,382,000)
    39    §  2.  This  act  shall take effect immediately and shall be deemed to
    40  have been in full force and effect on and after April 1, 2010.