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

                                 2315--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced  by  M.  of  A. GUNTHER, CROUCH, COOK, HAWLEY, CLARK, BUTLER,
  STECK, GOODELL -- Multi-Sponsored by --  M.  of  A.  BARCLAY,  CAMARA,
  MAGEE,  RIVERA -- read once and referred to the Committee on Education
  -- recommitted to the Committee on Education in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.
                                                           LBD06525-03-4
              

A. 2315--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.