S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8--A

                       Third Extraordinary Session

                            I N  S E N A T E

                            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:

  Section 1. Section 1 of chapter 53 of the laws of 2010,  enacting  the
education,  labor  and family assistance budget, is amended by repealing
the items hereinbelow set forth  in  brackets  and  by  adding  to  such
section the other items underscored in this section.

              EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET

                          EDUCATION DEPARTMENT

             STATE OPERATIONS AND AID TO LOCALITIES 2010-11

ELEMENTARY,  MIDDLE,  SECONDARY  AND  CONTINUING EDUCATION
  PROGRAM

  General Fund / Aid to Localities
  Local Assistance Account - 001

For  general  support  for  public  schools,
  provided,  however,  that  notwithstanding
  any provision of law to the contrary,  the
  commissioner  shall reduce payments due to
  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

  year pursuant to section 3609  -a  of  the
  education  law  by  an amount based on the
  gap elimination adjustment  for  2010-2011
  school  year  computed  for such district,
  where the positive difference, if any,  of
  such amount less any other gap elimination
  adjustment  enacted  pursuant to a chapter
  of the laws of 2010 shall be deducted from
  moneys apportioned  for  the  purposes  of
  payments  made for the 2010-11 school year
  pursuant to section 3609 -a of the  educa-
  tion  law,  and  provided further that the
  commissioner shall compute such gap elimi-
  nation  adjustment  and  shall  provide  a
  schedule  of such reduction in payments to
  the state comptroller, the director of the
  budget, the chair of  the  senate  finance
  committee  and  the  chair of the assembly
  ways and means committee,  where  the  gap
  elimination  adjustment for 2010-11 school
  year shall be based on data  used  by  the
  commissioner for the purposes of producing
  a  school  aid computer listing in support
  of the executive budget proposal  for  the
  2010-11    school    year   and   entitled
  "BT101-1", and the gap elimination adjust-
  ment for a district shall  equal  (A)  the
  district's percentage reduction, provided,
  however,  that  in  the case of a district
  with a tax effort ratio greater than three
  and  five-tenths  percent  (0.035)  and  a
  combined wealth ratio for total foundation
  aid  that is less than four (4.0), the gap
  elimination  adjustment  for  a   district
  shall  equal  the lesser of the percentage
  reduction and the  tax  effort  reduction,
  and further provided, (B) in the case of a
  district  determined  to  be  a  high need
  school district pursuant to clause (c)  of
  subparagraph  2 of paragraph c of subdivi-
  sion 6 of section 3602  of  the  education
  law  for  the  school aid computer listing
  produced by the commissioner in support of
  the enacted budget for the 2007-08  school
  year and entitled "SA0708", the gap elimi-
  nation  adjustment  for  a  district shall
  equal the lesser of the TGFE check and the
  gap elimination adjustment selected pursu-
  ant to subclause  (A)  of  this  appropri-
  ation,  and  further  provided that in the
  case of a school district,  other  than  a
  city  school  district  of a city having a
  population in excess of 125,000,  with  an
  administrative  efficiency  ratio  of less
  than two percent (0.02),  the  gap  elimi-
  nation  adjustment  shall be reduced by an

S. 8--A                             3

  amount equal to the  administrative  effi-
  ciency  offset,  where  (i) the percentage
  reduction shall be  the  sum  of  (A)  the
  product  of  the total aid for adjustment,
  multiplied by five and five-tenths percent
  (0.055), and (B) the product of  $3,121.00
  multiplied by the reduction factor, multi-
  plied   by   the  public  school  district
  enrollment  for  the  base  year  computed
  pursuant  to subparagraph 2 of paragraph n
  of subdivision 1 of section  3602  of  the
  education  law,  provided,  however,  that
  such percentage  reduction  shall  not  be
  less  than  the  product  of eight percent
  (0.08) multiplied by such  total  aid  for
  adjustment,  and not more than the product
  of twenty-one percent (0.21) multiplied by
  such total aid for  adjustment,  and  (ii)
  the  tax  effort  reduction  shall  be the
  product of the total aid  for  adjustment,
  multiplied  by  the quotient of twenty-one
  percent (0.21) divided by the quotient  of
  the  tax effort ratio divided by three and
  five-tenths  percent  (0.035),   provided,
  however,  that  such  tax effort reduction
  shall not be less than the product of  ten
  percent  (0.10)  multiplied  by such total
  aid for adjustment, and not more than  the
  product   of   twenty-one  percent  (0.21)
  multiplied by such total aid  for  adjust-
  ment,  and  (iii)  the TGFE check shall be
  the product of the TGFE percentage and the
  total general fund  expenditures  of  such
  district  in  the  base year, and (iv) the
  administrative efficiency offset shall  be
  the  product  of $80.00, multiplied by the
  state sharing  ratio,  multiplied  by  the
  total  aidable foundation pupil units, and
  the net gap elimination adjustment  for  a
  district  shall  equal  the product of the
  gap elimination adjustment computed pursu-
  ant to this appropriation,  multiplied  by
  sixty-six  and  four  hundred seventy-nine
  ten-thousandths  percent  (0.660479),  and
  provided   further   that,   (v)  for  the
  purposes of such computation,  (A)  "total
  aid  for adjustment" shall mean the sum of
  the amounts  set  forth  for  each  school
  district  as "FOUNDATION AID", "FULL DAY K
  CONVERSION", "BOCES +  SPECIAL  SERVICES",
  "PUBLIC  HIGH  COST SPECIAL EDN", "PRIVATE
  SPECIAL EDUCATION", "HARDWARE &  TECHNOLO-
  GY",    "SOFTWARE,   LIBRARY,   TEXTBOOK",
  "TRANSPORTATION INCL  SUMMER",  "OPERATING
  REORG  INCENTIVE", "CHARTER SCHOOL TRANSI-
  TIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX

S. 8--A                             4

  AID" AND "SUPPLEMENTAL  PUB  SPECIAL  EDN"
  under the heading "2010-11 ESTIMATED AIDS"
  in   the   school   aid  computer  listing
  produced by the commissioner in support of
  the  executive  budget  proposal  for  the
  2010-11   school   year    and    entitled
  "BT101-1",  and  (B)  "three-year  average
  free  and  reduced  price  lunch  percent"
  shall  mean the quotient of (1) the sum of
  the  number  of  pupils  in   kindergarten
  through  grade  six  attending  the public
  schools of the district who have  applica-
  tions  on  file  or  who  are  listed on a
  direct  certification  letter   confirming
  their eligibility for participation in the
  state   and   federally  funded  free  and
  reduced price lunch program  on  the  date
  enrollment  was counted in accordance with
  this subdivision for the year prior to the
  base year, plus such  number  of  eligible
  applicants  for the free and reduced price
  lunch program computed for  the  year  two
  years  prior  to  the base year, plus such
  number of eligible applicants for the free
  and reduced price lunch  program  computed
  for the year three years prior to the base
  year, divided by (2) the sum of the number
  of  pupils  in  kindergarten through grade
  six on a regular enrollment register of  a
  public school district on the date enroll-
  ment  was  counted in accordance with this
  subdivision for the year prior to the base
  year,  plus  such  number  of  pupils   in
  kindergarten  through grade six on a regu-
  lar enrollment register of a public school
  district computed for the year  two  years
  prior  to  the base year, plus such number
  of pupils in  kindergarten  through  grade
  six  on a regular enrollment register of a
  public school district  computed  for  the
  year  three  years prior to the base year,
  and (C) "total  aidable  foundation  pupil
  units"  shall mean the total aidable foun-
  dation pupil units  computed  pursuant  to
  paragraph  g  of  subdivision 2 of section
  3602  of  the  education  law,   and   (D)
  "combined  wealth  ratio for total founda-
  tion aid" shall mean the  combined  wealth
  ratio  for  total  foundation aid computed
  pursuant to subparagraph 2 of paragraph  c
  of  subdivision  3  of section 3602 of the
  education law, and (E) "the state  sharing
  ratio"  shall mean the state sharing ratio
  computed for total foundation aid computed
  pursuant to paragraph g of  subdivision  3
  of  section 3602 of the education law, but

S. 8--A                             5

  not less than ten percent (0.10), and  (F)
  "tax  effort  ratio"  shall  mean  the tax
  effort ratio computed pursuant to subpara-
  graph  3  of paragraph a of subdivision 16
  of section 3602 of the education law,  and
  (G)  "reduction  factor"  shall  mean  the
  product of the positive remainder  of  one
  less   the  three-year  average  free  and
  reduced price lunch percent, multiplied by
  the combined wealth ratio for total  foun-
  dation  aid, and (H) "administrative effi-
  ciency ratio" shall mean the  quotient  of
  the sum of the expenditures related to the
  board of education, including expenditures
  for  the  board of education, the district
  clerk's  office,  the  district   meeting,
  auditing  service, the treasurer's office,
  the tax collector's office, legal services
  and the school census,  plus  expenditures
  for   central   administration,  including
  expenditures for the chief school officer,
  the  business   office,   the   purchasing
  office,  the personnel office, the records
  management officer, public information and
  services  and  fees  for  fiscal   agents,
  divided  by the total expenditures charged
  by  a  district  to  the   general,   debt
  service,  and special aid funds, excluding
  transfers from the  general  fund  to  the
  debt  service and special aid funds, based
  on expenditures reported by  the  district
  for the school year two years prior to the
  base  year,  based  on data on file for an
  electronic data file used to  produce  the
  school  aid  computer  listing produced by
  the commissioner in support of the  execu-
  tive   budget   request,   and  (I)  "TGFE
  percentage"  shall  mean,  for  a   school
  district  which  has  a three-year average
  free  and  reduced  price  lunch   percent
  greater  than  seventy-five percent (0.75)
  and which has an administrative efficiency
  ratio less than one and  one-half  percent
  (0.015),   three  and  six-tenths  percent
  (0.036)   and   for   all   other   school
  districts,   five   percent   (0.05)   and
  provided further that, notwithstanding any
  inconsistent provision of law, subject  to
  the  approval of the director of the budg-
  et,  funds  appropriated  herein  may   be
  interchanged with any other item of appro-
  priation  for  general  support for public
  schools  within  the  general  fund  local
  assistance   account  elementary,  middle,
  secondary   and    continuing    education
  program.

S. 8--A                             6

Notwithstanding any other law, rule or regu-
  lation to the contrary, funds appropriated
  herein  shall  be available for payment of
  financial assistance net of any  disallow-
  ances, refunds, reimbursement and credits,
  and  may  be suballocated to other depart-
  ments  and  agencies  to  accomplish   the
  intent  of  this  appropriation subject to
  the approval of the director of the  budg-
  et.  Notwithstanding  any provision of law
  to the contrary, funds appropriated herein
  shall be available for payment of  liabil-
  ities hereafter to accrue ................
  ........................ [10,920,666,000] 10,620,666,000

  Special Revenue Funds - Federal / Aid to Localities
  Federal Department of Education Fund - 267

FOR  SUPPORT  OF  ELEMENTARY,  AND SECONDARY
  EDUCATION FROM THE EDUCATION JOBS FUND  AS
  FUNDED  BY THE FEDERAL EDUCATION JOBS FUND
  PROGRAM AS AUTHORIZED BY PUBLIC LAW NUMBER
  111-226.   NOTWITHSTANDING    ANY    OTHER
  PROVISION  OF  LAW  TO THE CONTRARY, FUNDS
  SHALL BE AVAILABLE TO EACH SCHOOL DISTRICT
  ELIGIBLE FOR AN APPORTIONMENT PURSUANT  TO
  SUBDIVISION  4  OF  SECTION  3602  OF  THE
  EDUCATION LAW IN AN AMOUNT  EQUAL  TO  THE
  PRODUCT OF THE NET GAP ELIMINATION ADJUST-
  MENT  COMPUTED  PURSUANT  TO THIS CHAPTER,
  MULTIPLIED BY FORTY-THREE AND  TWENTY-FIVE
  THOUSAND NINE HUNDRED EIGHTY-NINE ONE-MIL-
  LIONTHS  PERCENT (0.43025989). SUCH APPOR-
  TIONMENT SHALL BE AVAILABLE TO EACH SCHOOL
  DISTRICT FOR THE 2010-11 SCHOOL  YEAR  AND
  THEREAFTER,  PROVIDED  THAT PRIOR TO APRIL
  1, 2011, EACH  SCHOOL  DISTRICT  SHALL  BE
  ELIGIBLE  FOR  AN AMOUNT UP TO THE PRODUCT
  OF SEVENTY PERCENT  (0.70)  MULTIPLIED  BY
  THE   APPORTIONMENT.   FUNDS  APPROPRIATED
  HEREIN SHALL BE SUBJECT TO ALL  APPLICABLE
  REPORTING  AND ACCOUNTABILITY REQUIREMENTS
  IMPOSED BY SUCH ACT ........................ 607,592,000

  Special Revenue Funds - Federal / Aid to Localities
  State Fiscal Stabilization Fund - 267

For  the  purposes  of  the   state   fiscal
  stabilization    fund-other   governmental
  services fund as funded  by  the  American
  recovery  and  reinvestment  act  of 2009.
  Funds appropriated herein shall be subject
  to all applicable reporting  and  account-
  ability  requirements  contained  in  such
  act.

S. 8--A                             7

Funds appropriated herein shall be available
  for services and expenses [of the] associ-
  ated with THE math and science high school
  PROGRAM for the 2010-11 school year in the
  amount  of  $1,382,000, provided that such
  funds shall  be  allocated  equally  among
  [the  same]  THOSE  entities that received
  [such] program funding for  the  [2008-09]
  2007-08 school year AND PARTICIPATE IN THE
  PROGRAM IN 2010-11 ............. 1,382,000
                              --------------

  Special Revenue Funds - Other / Aid to Localities
  State Lottery Fund - 160

For  general  support for public schools for
  the  2010-11  school  year,   for   grants
  awarded  pursuant  to  subparagraph 2-a of
  paragraph b of subdivision  4  of  section
  92-c of the state finance law ............
  ............................ [562,000,000]   862,000,000
                              --------------

                          EDUCATION DEPARTMENT

    STATE OPERATIONS AND AID TO LOCALITIES - REAPPROPRIATIONS 2010-11

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION PROGRAM

  Special Revenue Funds - Federal / Aid to Localities
  State Fiscal Stabilization Fund - 267

The appropriation made by chapter 53, section 1, of the laws of 2009, is
    hereby amended and reappropriated to read:
  For  the purposes of the state fiscal stabilization fund-other govern-
    mental services fund as funded by the American  recovery  and  rein-
    vestment  act of 2009. Funds appropriated herein shall be subject to
    all applicable reporting and accountability  requirements  contained
    in such act.
  Funds appropriated herein shall be available for services and expenses
    [of  the]  associated  with THE math and science high school PROGRAM
    for the 2009-10 school year IN THE AMOUNT  OF  $1,382,000,  PROVIDED
    THAT SUCH FUNDS SHALL BE ALLOCATED EQUALLY AMONG THOSE ENTITIES THAT
    RECEIVED PROGRAM FUNDING FOR THE 2007-08 SCHOOL YEAR ...............
    1,382,000 ......................................... (re. $1,382,000)
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.