senate Bill S2116A

2013-2014 Legislative Session

Relates to foundation aid and the minimum local contribution thereto

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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 03, 2014 print number 2116a
amend and recommit to education
Jan 08, 2014 referred to education
Jan 11, 2013 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2116 - Bill Details

See Assembly Version of this Bill:
A2315A
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3602, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7689

S2116 - Bill Texts

view summary

Relates to foundation aid and the minimum local contribution thereto.

view sponsor memo
BILL NUMBER:S2116

TITLE OF BILL: An act to amend the education law, in relation to
foundation aid and the minimum local contribution thereto

PURPOSE: To provide more equity in the school aid formula for school
districts with low income wealth.

SUMMARY:;

Section 1 amends subparagraph 1 of paragraph (h) of subdivision 2 of
section 3602 of the education law in order to adjust the school
district enrollment level used in creating a total wealth foundation
pupil unit.

Section 2 amends subparagraph 4 of paragraph (a) of subdivision 4 of
section 3602 of the education law in order to provide equity in the
expected local contribution formula.

Section 3 provides the enacting clause.

JUSTIFICATION: The state faces an ongoing challenge in the fair
distribution of state aid to our public schools. While all schools
benefit from increased funding, low-wealth and rural schools have
unique circumstances that create inequity in the state aid formula.

A thinning tax base and low wealth make it difficult for rural schools
to fulfill their obligation to provide the quality education that
students deserve and taxpayers expect.

This is especially true in areas with decreasing population as schools
are forced to increasingly rely on state aid to meet the basic
educational requirements of students in their care.

Consequently, reductions in aid disproportionately impact these
districts. While wealthier districts debate whether to curtail one of
a multitude of foreign language offerings, arts or extracurricular
activities, poor and rural schools struggle to meet basic educational
needs.

In addition, existing school funding formulas fail to adequately
account for the true financial condition of our rural schools. The
existing formula is based on a scale that treats the poorest districts
equally with districts whose residents have twice the income. The
result is an unequal educational experience for students in certain
regions of the state which is an issue that the Board of Regents
highlighted.

This bill will reduce the floor of the income wealth index formula
from .65 to .40 and also provide schools with decreasing populations
with the ability to use the highest enrollment in a five year period
when calculating total wealth foundation pupil units.

LEGISLATIVE HISTORY: S'7689 of 2012 - referred to rules

FISCAL IMPLICATIONS: Unknown.


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
________________________________________________________________________

                                  2116

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sens. RITCHIE, LIBOUS, MAZIARZ, SEWARD -- 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 foundation aid and the
  minimum local contribution thereto

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

  Section 1. Subparagraph 1 of paragraph h of subdivision 2  of  section
3602  of  the education law, as added by section 13 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
  (1) Total wealth foundation pupil units shall  mean  the  sum  of  (i)
average daily membership for the year UP TO FIVE YEARS prior to the base
year,  WHICHEVER  IS HIGHEST, as computed in this section, plus (ii) the
full-time equivalent enrollment  of  resident  pupils  attending  public
school  elsewhere,  less the full-time equivalent enrollment of nonresi-
dent pupils, plus (iii) the full-time equivalent enrollment of  resident
pupils  attending full-time in board of cooperative educational services
(not otherwise specifically included).   Native  American  pupils  of  a
reservation  attending  public  school,  or  pupils living on the United
States military reservation at West Point attending public school, shall
be deemed to be resident pupils of the district providing  such  school,
for purposes of this paragraph. Where a school district has entered into
a  contract with state university pursuant to subdivision two of section
three hundred fifty-five of this chapter under which the school district
makes payment in the nature of tuition  for  the  education  of  certain
children  residing  in the district, such children for whom such tuition
payments are made shall be deemed to be resident pupils of such district
for the purposes of this paragraph.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06525-01-3

S. 2116                             2

  (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-
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] FORTY percent [(0.65)] (0.4) 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)] ONE HUNDRED TWENTY-
FIVE PERCENT (1.25) 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.

Co-Sponsors

S2116A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2315A
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3602, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7689

S2116A (ACTIVE) - Bill Texts

view summary

Relates to foundation aid and the minimum local contribution thereto.

view sponsor memo
BILL NUMBER:S2116A

TITLE OF BILL: An act to amend the education law, in relation to
foundation aid and the minimum local contribution thereto

PURPOSE: To provide more equity in the school aid formula for school
districts with low income wealth.

SUMMARY OF PROVISIONS:.

Section 1 amends subparagraph 1 of paragraph (h) of subdivision 2 of
section 3602 of the Education Law in order to adjust the school
district enrollment level used in creating a total wealth foundation
pupil unit.

Section 2 amends subparagraph 4 of paragraph (a) of subdivision 4 of
section 3602 of the Education Law in order to provide equity in the
expected local contribution formula.

Section 3 provides the enacting clause.

JUSTIFICATION: The state faces an ongoing challenge in the fair
distribution of state aid to our public schools. While all schools
benefit from increased funding, low-wealth and rural schools have
unique circumstances that create inequity in the state aid formula.

A thinning tax base and low wealth make it difficult for rural schools
to fulfill their obligation to provide the quality education that
students deserve and taxpayers expect.

This is especially true in areas with decreasing population as schools
are forced to increasingly rely on state aid to meet the basic
educational requirements of students in their care.

Consequently, reductions in aid disproportionately impact these
districts While wealthier districts debate whether to curtail one of a
multitude of foreign language offerings, arts or extracurricular
activities, poor and rural schools struggle to meet basic educational
needs.

In addition, existing school funding formulas fail to adequately
account for the true financial condition of our rural schools. The
existing formula is based on a scale that treats the poorest districts
equally with districts whose residents have twice the income The
result is an unequal educational experience for students in certain
regions of the state which is an issue that the Board of Regents
highlighted.

This bill will reduce the floor of the income wealth index formula
from .65 to .40 and also provide schools with decreasing populations
with the ability to use the highest enrollment in a five year period
when calculating total wealth foundation pupil units.

LEGISLATIVE HISTORY: S.7689 of 2012 - Referred to Rules

FISCAL IMPLICATIONS: Unknown.


EFFECTIVE DATE: This act shall take effect immediately

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2116--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sens.  RITCHIE,  LIBOUS, MAZIARZ, O'MARA, SEWARD -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Education -- recommitted to the Committee on Education in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the education law, in relation to foundation aid and the
  minimum local contribution thereto

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

  Section 1. Subparagraph 1 of paragraph h of subdivision 2  of  section
3602  of  the education law, as added by section 13 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
  (1) Total wealth foundation pupil units shall  mean  the  sum  of  (i)
average daily membership for the year UP TO FIVE YEARS prior to the base
year,  WHICHEVER  IS HIGHEST, as computed in this section, plus (ii) the
full-time equivalent enrollment  of  resident  pupils  attending  public
school  elsewhere,  less the full-time equivalent enrollment of nonresi-
dent pupils, plus (iii) the full-time equivalent enrollment of  resident
pupils  attending full-time in board of cooperative educational services
(not otherwise specifically included).   Native  American  pupils  of  a
reservation  attending  public  school,  or  pupils living on the United
States military reservation at West Point attending public school, shall
be deemed to be resident pupils of the district providing  such  school,
for purposes of this paragraph. Where a school district has entered into
a  contract with state university pursuant to subdivision two of section
three hundred fifty-five of this chapter under which the school district
makes payment in the nature of tuition  for  the  education  of  certain
children  residing  in the district, such children for whom such tuition
payments are made shall be deemed to be resident pupils of such district
for the purposes of this paragraph.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06525-02-4

S. 2116--A                          2

  S 2. Subparagraph 4 of paragraph a of subdivision 4 of section 3602 of
the education law, as amended by section 8-a of part A of chapter 57  of
the laws of 2013, 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-
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]  FORTY percent [(0.65)] (.4) 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)] ONE HUNDRED  TWENTY-
FIVE PERCENT (1.25) for the two thousand eight--two thousand nine school
year,  and  provided  further that such income wealth index shall not be
less than zero for the  two  thousand  thirteen--two  thousand  fourteen
school  year. The selected actual valuation shall be calculated pursuant
to paragraph c of subdivision one of this section. Total wealth  founda-
tion pupil units shall be calculated pursuant to paragraph h of subdivi-
sion two of this section.
  S 3. This act shall take effect immediately.

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