Amends provisions of the education, labor and family assistance budget for 2010 relating to the elementary, middle, secondary and continuing education program.
STATE OF NEW YORK
________________________________________________________________________
8--A
Third Extraordinary Session
IN SENATE
November 29, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
twice and ordered printed, and when printed to be committed to the
Committee on Finance -- 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
S. 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
S. 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
S. 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
S. 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.
S. 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.
S. 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.
