S T A T E   O F   N E W   Y O R K
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                                  5324

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to providing for an addi-
  tional annual apportionment of building aid for certain school facili-
  ties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  3602 of the education law is amended by adding a
new subdivision 6-g to read as follows:
  6-G. ADDITIONAL APPORTIONMENT OF BUILDING AID FOR INSTRUCTIONAL FACIL-
ITIES HOUSING SIGNIFICANT NUMBERS OF NONRESIDENT SECONDARY  PUPILS  FROM
AN  ADJACENT  SCHOOL  DISTRICT. A. DEFINITIONS. FOR THE PURPOSES OF THIS
SUBDIVISION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (1) "EDUCATING SCHOOL DISTRICT" SHALL MEAN A  SCHOOL  DISTRICT  WITHIN
THE  STATE  THAT  OPERATES  A  KINDERGARTEN  THROUGH  TWELVE PROGRAM AND
ACCEPTS INTO THE SECONDARY GRADES OF SUCH PROGRAM A  SIGNIFICANT  NUMBER
OF  NONRESIDENT PUPILS FROM AN ADJACENT SCHOOL DISTRICT UNDER A CONTRACT
ENTERED INTO WITH SUCH ADJACENT SCHOOL DISTRICT AS AUTHORIZED  BY  PARA-
GRAPH  D  OF SUBDIVISION ONE OF SECTION TWO THOUSAND FORTY OF THIS CHAP-
TER.
  (2) "ADJACENT SCHOOL DISTRICT" SHALL MEAN A SCHOOL DISTRICT WITHIN THE
STATE THAT SHARES A COMMON BOUNDARY WITH THE EDUCATING SCHOOL  DISTRICT,
THAT  DOES  NOT  OPERATE  A KINDERGARTEN THROUGH TWELVE PROGRAM AND THAT
PAYS TUITION TO THE EDUCATING SCHOOL DISTRICT FOR THE EDUCATION OF  SOME
OR  ALL  OF  ITS SECONDARY PUPILS UNDER A CONTRACT ENTERED INTO WITH THE
EDUCATING SCHOOL DISTRICT AS AUTHORIZED BY PARAGRAPH  D  OF  SUBDIVISION
ONE OF SECTION TWO THOUSAND FORTY OF THIS CHAPTER.
  (3) "SIGNIFICANT NUMBER OF NONRESIDENT PUPILS" SHALL MEAN ANY TOTAL OF
NONRESIDENT  SECONDARY  PUPILS FROM AN ADJACENT SCHOOL DISTRICT ENROLLED
IN THE EDUCATING SCHOOL DISTRICT IN THE  CURRENT  SCHOOL  YEAR  UNDER  A
CONTRACT  ENTERED INTO BY SUCH DISTRICTS AS AUTHORIZED BY PARAGRAPH D OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11528-01-9
              

S. 5324                             2

SUBDIVISION ONE OF SECTION TWO THOUSAND FORTY OF THIS CHAPTER THAT SHALL
EQUAL OR EXCEED FIFTY PERCENT  OF  THE  TOTAL  PUBLIC  SECONDARY  SCHOOL
ENROLLMENT  OF  THE  EDUCATING SCHOOL DISTRICT DURING THE CURRENT SCHOOL
YEAR.
  (4)  "PROPORTION OF NONRESIDENT PUPILS" SHALL MEAN THE QUOTIENT OF THE
SIGNIFICANT NUMBER OF NONRESIDENT PUPILS DIVIDED  BY  THE  TOTAL  PUBLIC
SECONDARY  SCHOOL ENROLLMENT OF THE EDUCATING SCHOOL DISTRICT DURING THE
CURRENT SCHOOL YEAR, EXPRESSED AS  A  DECIMAL  TO  FOUR  PLACES  WITHOUT
ROUNDING.
  (5) "ELIGIBLE APPROVED BUILDING COSTS" SHALL MEAN THE APPROVED EXPEND-
ITURES   AS   DEFINED  IN  SUBDIVISION  SIX  OF  THIS  SECTION  FOR  THE
CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT
BY THE EDUCATING SCHOOL DISTRICT OF ANY SCHOOL FACILITIES  REQUIRED  FOR
THE  INSTRUCTION  OF  THE  SECONDARY SCHOOL PUPILS OF BOTH THE EDUCATING
SCHOOL DISTRICT AND THE ADJACENT SCHOOL DISTRICT  BASED  ON  A  CONTRACT
ENTERED  INTO  BETWEEN  THE  EDUCATING  SCHOOL DISTRICT AND THE ADJACENT
SCHOOL DISTRICT AS AUTHORIZED BY  PARAGRAPH  D  OF  SUBDIVISION  ONE  OF
SECTION  TWO THOUSAND FORTY OF THIS CHAPTER, PROVIDED THAT SUCH CONTRACT
AND ANY PROJECTED BASIC CONTRIBUTIONS OF THE  ADJACENT  SCHOOL  DISTRICT
THAT  MAY  BE  REQUIRED  PURSUANT  TO  THIS  SUBDIVISION  SHALL FIRST BE
APPROVED BY THE ELIGIBLE VOTERS OF SUCH ADJACENT SCHOOL DISTRICT.
  (6) "AID RATIO" SHALL MEAN THE BUILDING AID RATIO USED IN THE COMPUTA-
TION OF BUILDING AID PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT  TO
SUBDIVISION SIX OF THIS SECTION.
  (7)  "BASIC  CONTRIBUTION  OF THE ADJACENT SCHOOL DISTRICT" SHALL MEAN
THE PRODUCT OF: (I) THE  ELIGIBLE  APPROVED  BUILDING  COSTS,  (II)  THE
PROPORTION  OF NONRESIDENT PUPILS, AND (III) THE POSITIVE DIFFERENCE, IF
ANY, OF NINE-TENTHS MINUS THE AID RATIO OF THE ADJACENT SCHOOL DISTRICT.
  B. ADDITIONAL APPORTIONMENT. IN ADDITION  TO  ANY  OTHER  AID  PAYABLE
UNDER  THIS  SECTION, AN EDUCATING SCHOOL DISTRICT SHALL BE ELIGIBLE FOR
AN ADDITIONAL APPORTIONMENT OF BUILDING AID IN THE CURRENT  SCHOOL  YEAR
EQUAL  TO  THE PRODUCT OF: (1) THE ELIGIBLE APPROVED BUILDING COSTS, (2)
THE PROPORTION OF NONRESIDENT PUPILS, AND (3) THE  POSITIVE  DIFFERENCE,
IF  ANY,  OF THE AID RATIO OF THE ADJACENT SCHOOL DISTRICT MINUS THE AID
RATIO OF THE EDUCATING SCHOOL DISTRICT, PROVIDED  HOWEVER,  THAT  IN  NO
EVENT MAY THE SUM OF THE BUILDING AID APPORTIONMENT UNDER THIS PARAGRAPH
PLUS  THE  APPORTIONMENTS UNDER SUBDIVISION SIX OF THIS SECTION FOR SUCH
ELIGIBLE APPROVED BUILDING  COSTS  EXCEED  NINETY-FIVE  PERCENT  OF  THE
ELIGIBLE APPROVED BUILDING COSTS.
  C.  AMOUNT  PAYABLE.    THE  ADJACENT SCHOOL DISTRICT SHALL PAY TO THE
EDUCATING SCHOOL DISTRICT ON OR BEFORE JUNE  THIRTIETH  OF  EACH  SCHOOL
YEAR  IN  WHICH AN APPORTIONMENT IS PAYABLE PURSUANT TO THIS SUBDIVISION
AN AMOUNT EQUAL  TO  THE  BASIC  CONTRIBUTION  OF  THE  ADJACENT  SCHOOL
DISTRICT.
  S 2. This act shall take effect immediately.