S T A T E O F N E W Y O R K
________________________________________________________________________
1559
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
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Introduced by M. of A. GUNTHER, COOK, CLARK, STECK, CROUCH, HAWLEY,
BUTLER, GOODELL -- Multi-Sponsored by -- M. of A. BARCLAY, CAMARA,
RIVERA -- read once and referred 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 3 of part A of chapter 56 of
the laws of 2014, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04275-01-5
A. 1559 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)] (.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] ONE HUNDRED TWENTY-FIVE percent
[(0.95)] (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.