senate Bill S312

2011-2012 Legislative Session

Provides for the temporary emergency educational assistance to school districts which lack the fiscal resources necessary to provide a sound basic education

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to education
Jan 05, 2011 referred to education

Co-Sponsors

S312 - Bill Details

See Assembly Version of this Bill:
A1107
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Add Art 73-A §§3650-f & 3650-g, Ed L; add §91-h, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S4152, A3905

S312 - Bill Texts

view summary

Provides for the provision of temporary emergency educational assistance to school districts which fail to provide a sound basic education to the students in such district; provides such assistance shall be in addition to any other state aid provided to the school district; provides the board of regents shall, upon application of a school district, determine eligibility for such assistance; establishes the temporary emergency educational fund.

view sponsor memo
BILL NUMBER:S312

TITLE OF BILL:
An act
to amend the education law and the state finance law, in relation to
establishing a temporary emergency educational fund to provide
assistance to under funded school districts; and providing for the repeal
of such provisions upon the expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
To establish a temporary emergency fund to meet the immediate
educational needs of public school children pending resolution of
ongoing school finance litigation involving New York State.

SUMMARY OF SPECIFIC PROVISIONS:
The education law would be amended by establishing a temporary
emergency educational fund to enable under funded school districts to
provide a sound basic education to students.

Money from the fund shall be used by school districts only for
specifically enumerated purposes such as acquiring textbooks, school
library books, classroom supplies and equipment, laboratory
equipment, computers and related hardware and software.

Moneys from the fund shall be apportioned through a competitive
process that takes into account the severity of the shortage of a
school's educational resources. In allocating funds, a school
district shall give priority in the following order: (1) first, to a
school under registration review; (2) second, to any school
performing significantly below state standards as defined by the
commissioner; and (3) third, to any school that is determined by the
commissioner to need emergency funding to address a severe lack of
educational resources. However, not more than 60% of the funds
allocated pursuant to this act shall go to anyone school district.

State funds provided pursuant to this act shall not supplant local
funds for any similar purpose. Instead, school districts receiving
funds under this section are required to maintain their local effort
in funding programs that fall within the purview of this act.

To apply for emergency assistance funds, a school district must file
an application with the State Education Commissioner. Such
application must detail how the district plans to use the funds
requested, how such expenditures are consistent with the purposes of
this act, and include an accountability system which explains how the
district will monitor the funds to ensure that they are being used in
a manner that will improve student academic achievement. This act
shall expire when a judicial resolution of the campaign for Fiscal
Equity v. New York State lawsuit is reached and a funding
system which enables every district to provide a sound basic education
is established and fully implemented.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The education law is amended by adding a new article 73-A. The state
finance law is amended by adding a new section 91-h.


JUSTIFICATION:
Decades of experience have shown that the state's current school
funding system has consistently under funded hundreds of public
schools across the state. Currently the state is involved in a school
finance lawsuit in which the constitutionality, sufficiency and
social impact of the state's school funding system are at issue.
Unfortunately, it could take years before the case is ultimately
resolved.

Meanwhile, time marches on and millions of schoolchildren continue to
attend public schools which lack the resources needed to prepare them
for productive citizenship in the 21st century. These children,
caught between legal and political crossfire, are being denied the
monetary, educational, psychological and social resources they
desperately need, and as a result are being exposed to irreparable
harm.

This act addresses the need to protect students from the potentially
irreparable harm they are exposed to due to a severe lack of
educational resources in public schools. Accordingly, this act seeks
to provide emergency funding for critical educational resources to
benefit the millions of children who cannot wait until protracted
legal disputes are resolved before receiving the tools they need in
order to meet resource-driven academic standards.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.4152 - Referred to Education
2007-08: S.4050 - Referred to Education
2005-06: S.1702 - Referred to Education
2003-04: S.1666 - Referred to Education

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   312

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MONTGOMERY, DILAN, HASSELL-THOMPSON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Education

AN ACT to amend the education law and the state finance law, in relation
  to establishing a temporary  emergency  educational  fund  to  provide
  assistance  to  underfunded  school  districts;  and providing for the
  repeal of such provisions upon the expiration thereof

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

  Section  1.  Legislative  intent.  The  legislature  hereby finds that
decades of experience have shown that the state's current school funding
system has consistently underfunded hundreds of  public  schools  across
the  state.  Currently the state is involved in a school finance lawsuit
(CAMPAIGN FOR FISCAL EQUITY, ET AL. V. THE STATE OF NEW YORK, ET AL.) in
which the  constitutionality,  sufficiency  and  social  impact  of  the
state's school funding system are at issue. Unfortunately, it could take
years  before  the case is ultimately resolved.  Meanwhile, time marches
on and millions of schoolchildren  continue  to  attend  public  schools
which  lack the resources needed to prepare them for productive citizen-
ship in the twenty-first century. These children, caught  between  legal
and  political  crossfire,  are  being denied the monetary, educational,
psychological and social resources  they  desperately  need,  and  as  a
result are being irreparably harmed.
  The  legislature  declares that this act addresses the need to protect
students from the potentially irreparable harm they are exposed  to  due
to a severe lack of educational resources in public schools.  According-
ly, this act seeks to provide emergency funding for critical educational
resources  to  benefit  the  millions  of children who cannot wait until
protracted legal disputes are resolved before receiving the  tools  they
need in order to meet resource-driven academic standards.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02527-01-1

S. 312                              2

  S 2. The education law is amended by adding a new article 73-A to read
as follows:
                              ARTICLE 73-A
                     TEMPORARY EMERGENCY EDUCATIONAL
                               ASSISTANCE
SECTION 3650-F. DEFINITIONS.
        3650-G. TEMPORARY EMERGENCY EDUCATIONAL ASSISTANCE.
  S  3650-F. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL MEAN:
  1. "FUND" SHALL MEAN THE TEMPORARY EMERGENCY EDUCATIONAL  FUND  ESTAB-
LISHED PURSUANT TO SECTION NINETY-ONE-H OF THE STATE FINANCE LAW.
  2.  "SOUND  BASIC EDUCATION" SHALL MEAN THOSE FOUNDATIONAL SKILLS THAT
PUBLIC SCHOOL STUDENTS NEED TO BECOME  PRODUCTIVE  CITIZENS  CAPABLE  OF
CIVIC  ENGAGEMENT  AND  SUSTAINING COMPETITIVE EMPLOYMENT, AS DETERMINED
PURSUANT TO THE RULES AND REGULATIONS OF THE COMMISSIONER.
  S 3650-G. TEMPORARY EMERGENCY EDUCATIONAL ASSISTANCE. 1.  IN  ADDITION
TO ANY MONEYS A SCHOOL DISTRICT SHALL RECEIVE PURSUANT TO ARTICLE SEVEN-
TY-THREE OF THIS TITLE, THE COMMISSIONER SHALL APPORTION SUCH ADDITIONAL
FUNDING  TO  SCHOOL  DISTRICTS  AS SHALL BE NECESSARY TO ENABLE ANY SUCH
DISTRICT TO PROVIDE A SOUND BASIC EDUCATION TO STUDENTS.
  IN ALLOCATING FUNDS PURSUANT TO THIS SECTION, A SCHOOL DISTRICT  SHALL
GIVE  PRIORITY  IN  THE  FOLLOWING  ORDER:  (I) FIRST, TO A SCHOOL UNDER
REGISTRATION REVIEW; (II) SECOND, TO ANY SCHOOL PERFORMING SIGNIFICANTLY
BELOW STATE STANDARDS AS DEFINED BY THE COMMISSIONER; AND  (III)  THIRD,
TO  ANY  SCHOOL THAT IS DETERMINED BY THE COMMISSIONER TO NEED EMERGENCY
FUNDING TO ADDRESS A SEVERE LACK OF EDUCATIONAL RESOURCES.
  2. MONEYS IN THE FUND SHALL BE APPORTIONED TO SCHOOL  DISTRICTS  WHICH
MEET  THE  CRITERIA  SET  FORTH IN SUBDIVISION ONE OF THIS SECTION TO BE
USED BY SUCH DISTRICTS FOR THE FOLLOWING PURPOSES:
  (A) THE EMPLOYMENT OF A SUFFICIENT NUMBER OF QUALIFIED TEACHERS, PRIN-
CIPALS AND OTHER EDUCATIONAL PERSONNEL;
  (B) THE REDUCTION OF CLASS SIZES;
  (C) THE CONSTRUCTION, RENOVATION, REPAIR AND MAINTENANCE  OF  ADEQUATE
AND  ACCESSIBLE  SCHOOL BUILDINGS WITH SUFFICIENT SPACE TO ENSURE APPRO-
PRIATE CLASS SIZES AND IMPLEMENTATION OF A SOUND CURRICULUM;
  (D) THE ACQUISITION OF EDUCATIONAL RESOURCES, INCLUDING BUT NOT LIMIT-
ED TO, TEXTBOOKS, SCHOOL LIBRARY BOOKS, CLASSROOM  SUPPLIES  AND  EQUIP-
MENT, LABORATORY EQUIPMENT, REMEDIAL PROGRAMS, AND EDUCATIONAL TECHNOLO-
GY SUCH AS COMPUTERS, THE RELATED HARDWARE AND APPROPRIATE SOFTWARE;
  (E) THE PROVISION OF SUITABLE CURRICULA; AND
  (F) THE PROVISION OF RESOURCES FOR STUDENTS WITH EXTRAORDINARY NEEDS.
  3. (A) MONEYS FROM THE FUND SHALL BE APPORTIONED THROUGH A COMPETITIVE
PROCESS THAT TAKES INTO CONSIDERATION THE SEVERITY OF SHORTAGE OF EDUCA-
TIONAL  RESOURCES  NECESSARY  TO PROVIDE A SOUND BASIC EDUCATION. MONEYS
APPORTIONED PURSUANT TO THIS SECTION SHALL BE USED ONLY FOR THE PURPOSES
ENUMERATED IN THIS SECTION.
  (B) NOT MORE THAN SIXTY PERCENT OF THE  FUNDS  ALLOCATED  PURSUANT  TO
THIS SECTION SHALL BE MADE AVAILABLE TO ANY ONE SCHOOL DISTRICT.
  (C) ANY SCHOOL DISTRICT RECEIVING FUNDS UNDER THIS SECTION SHALL MAIN-
TAIN  ANY  LOCAL EFFORT IN THE CURRENT YEAR EQUIVALENT TO SUCH EFFORT IN
THE BASE YEAR FOR ANY LOCAL PROGRAM THAT HAS PURPOSES THAT  ARE  SIMILAR
TO  ANY  PURPOSE  OF  THIS SECTION OR THE DISTRICT SHALL PROVIDE A LOCAL
MATCH TO STATE FUNDS RECEIVED PURSUANT  TO  THIS  SECTION.  STATE  FUNDS
PROVIDED PURSUANT TO THIS SECTION SHALL NOT SUPPLANT LOCAL FUNDS FOR ANY
PURPOSE SIMILAR TO THE PURPOSES OF THIS SECTION.

S. 312                              3

  4.  APPLICATIONS  BY  A  SCHOOL  DISTRICT FOR FUNDING PURSUANT TO THIS
SECTION SHALL BE FILED WITH THE COMMISSIONER, IN A  FORM  DETERMINED  BY
THE  COMMISSIONER,  BY  JUNE FIRST OF THE BASE YEAR AND SCHOOL DISTRICTS
SHALL BE NOTIFIED OF THEIR AWARD OF TEMPORARY  EMERGENCY  ASSISTANCE  BY
JUNE THIRTIETH OF THE BASE YEAR, PROVIDED THAT IN ANY YEAR SUCH APPLICA-
TION AND AWARD DATES MAY BE MODIFIED BY THE COMMISSIONER FOR THE REASON-
ABLE  ADMINISTRATION  OF  THE  PROGRAM. SUCH APPLICATION SHALL INCLUDE A
PLAN BY THE SCHOOL DISTRICT FOR THE EXPENDITURE OF  THE  FUNDS  IN  EACH
CATEGORY  OF  ALLOWABLE  EXPENSES  AUTHORIZED  BY THIS SECTION, AND SUCH
EXPENDITURES SHALL BE CONSISTENT WITH SUCH PLAN AND  THE  PROVISIONS  OF
THIS  SECTION.    SUCH  APPLICATION  SHALL ALSO INCLUDE A METHODOLOGY BY
WHICH THE SCHOOL DISTRICT WILL MONITOR THE EXPENDITURE OF ANY SUCH FUND-
ING AND ENSURE THAT SUCH FUNDING WILL IMPROVE THE EDUCATION PROVIDED  BY
THE SCHOOL DISTRICT.
  5.  THE  COMMISSIONER  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 3. The state finance law is amended by adding a new section 91-h  to
read as follows:
  S  91-H.  TEMPORARY  EMERGENCY  EDUCATIONAL  FUND.  1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN AS THE "TEMPORARY EMERGENCY EDUCATIONAL FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED THERETO, AND ALL
OTHER MONEYS CREDITED OR TRANSFERRED THERETO  FROM  ANY  OTHER  FUND  OR
SOURCE  PURSUANT  TO  LAW,  AND  ALL MONEYS RECEIVED FROM CONTRIBUTIONS,
DONATIONS, GRANTS OR PAYMENTS FROM ANY SOURCE.
  3. MONEYS IN THE TEMPORARY EMERGENCY EDUCATIONAL FUND  SHALL  BE  KEPT
SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE
JOINT OR SOLE CUSTODY OF THE STATE COMPTROLLER.
  4.  THE  MONEYS  OF  THE  TEMPORARY  EMERGENCY EDUCATIONAL FUND, AFTER
APPROPRIATION BY THE LEGISLATURE AND APPORTIONMENT BY THE  COMMISSIONER,
SHALL  BE PAID OUT BY THE STATE COMPTROLLER PURSUANT TO ARTICLE SEVENTY-
THREE-A OF THE EDUCATION LAW.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed  repealed upon the final disposition of the cause of action enti-
tled "CAMPAIGN FOR FISCAL EQUITY, ET AL. V. THE STATE OF  NEW  YORK,  ET
AL."  and  the establishment and full implementation of a school funding
system that funds every public school district in the state at  a  level
that  enables such district to provide a sound basic education; provided
that the attorney general shall notify  the  legislative  bill  drafting
commission upon the occurrence of the final disposition of such cause of
action in order that such commission may maintain an accurate and timely
data  base  of the official text of the laws of the state of New York in
furtherance of effecting the provisions of section 44 of the legislative
law and section 70-b of the public officers law.

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