S T A T E O F N E W Y O R K
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10624
I N A S S E M B L Y
June 8, 2016
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Morelle) --
read once and referred to the Committee 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. The opening paragraph of subdivision 4 of section 3602 of
the education law, as amended by section 7 of part A of chapter 54 of
the laws of 2016, is amended to read as follows:
In addition to any other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected foundation
aid, which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand seven--
two thousand eight through two thousand eight--two thousand nine school
years, no school district shall receive total foundation aid in excess
of the sum of the total foundation aid base for aid payable in the two
thousand seven--two thousand eight school year computed pursuant to
subparagraph (i) of paragraph j of subdivision one of this section, plus
the phase-in foundation increase computed pursuant to paragraph b of
this subdivision, and provided further that for the two thousand twelve-
-two thousand thirteen school year, no school district shall receive
total foundation aid in excess of the sum of the total foundation aid
base for aid payable in the two thousand eleven--two thousand twelve
school year computed pursuant to subparagraph (ii) of paragraph j of
subdivision one of this section, plus the phase-in foundation increase
computed pursuant to paragraph b of this subdivision, and provided
further that for the two thousand thirteen--two thousand fourteen school
year and thereafter, no school district shall receive total foundation
aid in excess of the sum of the total foundation aid base computed
pursuant to subparagraph (ii) of paragraph j of subdivision one of this
section, plus the phase-in foundation increase computed pursuant to
paragraph b of this subdivision, and provided further that for the two
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15439-06-6
A. 10624 2
thousand sixteen--two thousand seventeen school year, no eligible school
districts shall receive total foundation aid in excess of the sum of the
total foundation aid base computed pursuant to subparagraph (ii) of
paragraph j of subdivision one of this section plus the sum of (A) the
phase-in foundation increase, (B) the executive foundation increase with
a minimum increase pursuant to paragraph b-2 of this subdivision, [and]
(C) an amount equal to "COMMUNITY SCHOOLS AID" in the computer listing
produced by the commissioner in support of the executive budget request
for the two thousand sixteen--two thousand seventeen school year and
entitled "BT161-7", where (1) "eligible school district" shall be
defined as a district with (a) an unrestricted aid increase of less than
seven percent (0.07) and (b) a three year average free and reduced price
lunch percent greater than fifteen percent (0.15), and (2) "unrestricted
aid increase" shall mean the quotient arrived at when dividing (a) the
sum of the executive foundation aid increase plus the gap elimination
adjustment for the base year, by (b) the difference of foundation aid
for the base year less the gap elimination adjustment for the base year,
and (3) "executive foundation increase" shall mean the difference of (a)
the amounts set forth for each school district as "FOUNDATION AID" under
the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing
produced by the commissioner in support of the executive budget request
for the two thousand sixteen--two thousand seventeen school year and
entitled "BT161-7" less (b) the amounts set forth for each school
district as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS"
in such computer listing, OR (C) ANY SCHOOL DISTRICT WITH A COMBINED
WEALTH RATIO LESS THAN ONE (1.000) AND WHERE THE QUOTIENT OF (A) THE
AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE
HEADING "2015-16 BASE YEAR AIDS" IN THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND
ENTITLED "BT161-7" DIVIDED BY (B) TOTAL FOUNDATION AID, IS LESS THAN
FORTY-FIVE ONE HUNDREDTHS (.45), and provided further that total founda-
tion aid shall not be less than the product of the total foundation aid
base computed pursuant to paragraph j of subdivision one of this section
and the due-minimum percent which shall be, for the two thousand twelve-
-two thousand thirteen school year, one hundred and six-tenths percent
(1.006) and for the two thousand thirteen--two thousand fourteen school
year for city school districts of those cities having populations in
excess of one hundred twenty-five thousand and less than one million
inhabitants one hundred and one and one hundred and seventy-six thou-
sandths percent (1.01176), and for all other districts one hundred and
three-tenths percent (1.003), and for the two thousand fourteen--two
thousand fifteen school year one hundred and eighty-five hundredths
percent (1.0085), and for the two thousand fifteen--two thousand sixteen
school year, one hundred thirty-seven hundredths percent (1.0037),
subject to allocation pursuant to the provisions of subdivision eighteen
of this section and any provisions of a chapter of the laws of New York
as described therein, nor more than the product of such total foundation
aid base and one hundred fifteen percent, provided, however, that for
the two thousand sixteen--two thousand seventeen school year such maxi-
mum shall (1) be no more than the sum of (i) the product of such total
foundation aid base and one hundred fifteen percent plus (ii) the execu-
tive foundation increase and plus (iii) "COMMUNITY SCHOOLS AID" in the
computer listing produced by the commissioner in support of the execu-
tive budget request for the two thousand sixteen--two thousand seventeen
school year and entitled "BT161-7" AND (2) EXCEPT THAT THE MAXIMUM SHALL
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NOT APPLY TO ANY DISTRICT WITH A PHASE-IN FOUNDATION INCREASE FACTOR
PURSUANT TO SUBCLAUSE NINE OF CLAUSE (II) OF SUBPARAGRAPH TWO OF PARA-
GRAPH B OF THIS SUBDIVISION and provided further that for the two thou-
sand nine--two thousand ten through two thousand eleven--two thousand
twelve school years, each school district shall receive total foundation
aid in an amount equal to the amount apportioned to such school district
for the two thousand eight--two thousand nine school year pursuant to
this subdivision. Total aidable foundation pupil units shall be calcu-
lated pursuant to paragraph g of subdivision two of this section. For
the purposes of calculating aid pursuant to this subdivision, aid for
the city school district of the city of New York shall be calculated on
a citywide basis.
S 2. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4 of
section 3602 of the education law, as amended by section 7 of part A of
chapter 54 of the laws of 2016, is amended to read as follows:
(ii) Phase-in foundation increase factor. For the two thousand
eleven--two thousand twelve school year, the phase-in foundation
increase factor shall equal thirty-seven and one-half percent (0.375)
and the phase-in due minimum percent shall equal nineteen and forty-one
hundredths percent (0.1941), for the two thousand twelve--two thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand fourteen school year the phase-in foundation increase factor
shall equal (1) for a city school district in a city having a population
of one million or more, five and twenty-three hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion increase factor shall equal (1) for a city school district of a
city having a population of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district other than a
city school district having a population of one million or more for
which (A) the quotient of the positive difference of the foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j of subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined wealth
ratio less than thirty-five hundredths (0.35), seven percent (0.07) or
(3) for all other school districts, four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a city school district of a city having a population of one million or
more, thirteen and two hundred seventy-four thousandths percent
(0.13274); or (2) for districts where the quotient arrived at when
dividing (A) the product of the total aidable foundation pupil units
multiplied by the district's selected foundation aid less the total
foundation aid base computed pursuant to paragraph j of subdivision one
of this section divided by (B) the product of the total aidable founda-
tion pupil units multiplied by the district's selected foundation aid is
greater than nineteen percent (0.19), and where the district's combined
wealth ratio is less than thirty-three hundredths (0.33), seven and
seventy-five hundredths percent (0.0775); or (3) for any other district
designated as high need pursuant to clause (c) of subparagraph two of
paragraph c of subdivision six of this section for the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight school year and
entitled "SA0708", four percent (0.04); or (4) for a city school
district in a city having a population of one hundred twenty-five thou-
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sand or more but less than one million, fourteen percent (0.14); or (5)
for school districts that were designated as small city school districts
or central school districts whose boundaries include a portion of a
small city for the school aid computer listing produced by the commis-
sioner in support of the enacted budget for the two thousand fourteen--
two thousand fifteen school year and entitled "SA1415", four and seven
hundred fifty-one thousandths percent (0.04751); or (6) for all other
districts one percent (0.01), and for the two thousand sixteen--two
thousand seventeen school year shall equal for an eligible school
district the greater of: (1) for a city school district in a city with a
population of one million or more, seven and seven hundred eighty four
thousandths percent (0.07784); or (2) for a city school district in a
city with a population of more than two hundred fifty thousand but less
than one million as of the most recent federal decennial census, seven
and three hundredths percent (0.0703); or (3) for a city school district
in a city with a population of more than two hundred thousand but less
than two hundred fifty thousand as of the most recent federal decennial
census, six and seventy-two hundredths percent (0.0672); or (4) for a
city school district in a city with a population of more than one
hundred fifty thousand but less than two hundred thousand as of the most
recent federal decennial census, six and seventy-four hundredths percent
(0.0674); or (5) for a city school district in a city with a population
of more than one hundred twenty-five thousand but less than one hundred
fifty thousand as of the most recent federal decennial census, nine and
fifty-five hundredths percent (0.0955); or (6) for school districts that
were designated as small city school districts or central school
districts whose boundaries include a portion of a small city for the
school aid computer listing produced by the commissioner in support of
the enacted budget for the two thousand fourteen--two thousand fifteen
school year and entitled "SA141-5" with a combined wealth ratio less
than one and four tenths (1.4), nine percent (0.09), provided, however,
that for such districts that are also districts designated as high need
urban-suburban pursuant to clause (c) of subparagraph two of paragraph c
of subdivision six of this section for the school aid computer listing
produced by the commissioner in support of the enacted budget for the
two thousand seven--two thousand eight school year and entitled
"SA0708", nine and seven hundred and nineteen thousandths percent
(0.09719); or (7) for school districts designated as high need rural
pursuant to clause (c) of subparagraph two of paragraph c of subdivision
six of this section for the school aid computer listing produced by the
commissioner in support of the enacted budget for the two thousand
seven--two thousand eight school year and entitled "SA0708", thirteen
and six tenths percent (0.136); or (8) for school districts designated
as high need urban-suburban pursuant to clause (c) of subparagraph two
of paragraph c of subdivision six of this section for the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight school year and
entitled "SA0708", seven hundred nineteen thousandths percent (0.00719);
or (9) FOR ANY SCHOOL DISTRICT WHOSE FOUNDATION AID INCREASE FOR THE TWO
THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR WAS REDUCED BY THE MAXI-
MUM AMOUNT ALLOWED AND WITH A COMBINED WEALTH RATIO LESS THAN ONE
(1.000) AND WHERE THE QUOTIENT OF (A) THE AMOUNT SET FORTH FOR EACH
SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2015-16 BASE YEAR
AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7"
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DIVIDED BY (B) TOTAL FOUNDATION AID, IS LESS THAN FORTY-FIVE ONE
HUNDREDTHS (.45), TWELVE AND TWENTY-ONE HUNDREDTHS PERCENT (0.1221); OR
(10) for all other eligible school districts, forty-seven hundredths
percent (0.0047) and for the two thousand seventeen--two thousand eigh-
teen school year and thereafter the commissioner shall annually deter-
mine the phase-in foundation increase factor subject to allocation
pursuant to the provisions of subdivision eighteen of this section and
any provisions of a chapter of the laws of New York as described there-
in.
S 3. This act shall take effect July 1, 2017, notwithstanding the
provisions of paragraph c of subdivision 5 of section 3604 of the educa-
tion law; provided, however, that if section 7 of part A of chapter 54
of the laws of 2016 shall not have taken effect on or before such date
then sections one and two of this act shall take effect on the same date
and in the same manner as such chapter of the laws of 2016 takes effect.