S T A T E   O F   N E W   Y O R K
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                                  8033

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2011
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to foundation aid

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

  Section  1. Paragraph g of subdivision 2 of section 3602 of the educa-
tion law, as amended by section 12 of part B of chapter 57 of  the  laws
of 2008, is amended to read as follows:
  g.  Computation of total aidable foundation pupil units. Total aidable
foundation pupil units shall be the sum of (1)  the  district's  average
daily membership computed pursuant to this section for the year prior to
the  base  year  multiplied by the enrollment index computed pursuant to
this section for the base year plus (2) the product of the average daily
membership of summer session pupils and twelve percent plus (3) the year
prior to the base year weighted foundation pupils with disabilities. For
the purposes of computing total foundation aid a district may use either
total aidable foundation pupil units for the current  aid  year  or  the
average of total foundation aidable pupil units for the current aid year
and [the] A prior aid year UP TO TEN YEARS PRIOR, using current aid year
definitions of total aidable foundation pupil units for both years.
  S 2. Subparagraph 4 of paragraph a of subdivision 4 of section 3602 of
the  education  law, as amended by section 26 of part A of chapter 58 of
the laws of 2011, is amended to read as follows:
  (4) The expected minimum local contribution shall equal the lesser  of
(i)  the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units,  multiplied
by  (B)  the  product  of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of  the  foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B)  the  positive  difference,  if  any, of one minus the state sharing
ratio for total foundation aid. The local tax  factor  shall  be  estab-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11721-01-1
              

A. 8033                             2

lished by May first of each year by determining the product, computed to
four  decimal  places  without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the  commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six  hundred  nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner  for  the  base  year in accordance with such provisions plus the
statewide average tax rate computed by the  commissioner  for  the  year
prior  to  the  base year in accordance with such provisions, divided by
three, provided however that for the two  thousand  seven--two  thousand
eight  school  year,  such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such  local  tax  factor  shall  be  one  hundred
fifty-four  ten  thousandths  (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index [shall not be  less  than
sixty-five  percent  (0.65)]  and  shall  not  be  more than two hundred
percent (2.0) and provided however that such income wealth  index  shall
not  be more than ninety-five percent (0.95) for the two thousand eight-
-two thousand nine school year. The selected actual valuation  shall  be
calculated  pursuant  to paragraph c of subdivision one of this section.
Total wealth foundation pupil units  shall  be  calculated  pursuant  to
paragraph h of subdivision two of this section.
  S  3.  This act shall take effect immediately, provided, however, that
the amendments to subparagraph (4) of paragraph a of  subdivision  4  of
section  3602 of the education law made by section two of this act shall
take effect on the same date and in the same manner  as  section  26  of
part A of chapter 58 of the laws of 2011 takes effect.