S T A T E O F N E W Y O R K
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5463--B
2015-2016 Regular Sessions
I N A S S E M B L Y
February 24, 2015
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Introduced by M. of A. BRINDISI, LUPARDO, SANTABARBARA, KAMINSKY,
RUSSELL, CAHILL, KEARNS, MAGEE, STECK, SKARTADOS, WOERNER, LAVINE,
FAHY, McDONALD, BARRETT, RYAN, ARROYO, SCHIMMINGER, GALEF -- Multi-
Sponsored by -- M. of A. CERETTO -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the computation of
foundation aid and successful schools aid for small city school
districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "small city
successful schools act".
S 2. Legislative Intent. It is the responsibility of the legislature
under article XI of the constitution of the state of New York to estab-
lish and maintain a system that will provide all children an opportunity
to receive a meaningful high school education. Certain provisions of the
education law are not adequate to provide the funding necessary to
fulfill that obligation in certain school districts, particularly those
in our small cities, many of which have lower wealth and higher student
needs than average and are faced with high concentrations of poverty.
Moreover, small city school districts function as centers not only for
educational purposes but also for health, civic and public safety uses.
These services and uses are not adequately supported by existing educa-
tion aid.
Therefore, it is the intention of the legislature to amend certain
provisions of the education law to insure that the necessary funding is
available in those districts to help them provide all their children an
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09114-05-6
A. 5463--B 2
opportunity to receive a meaningful high school education and to main-
tain healthy vibrant educational communities.
S 3. Subdivision 1 of section 3602 of the education law is amended by
adding a new paragraph hh to read as follows:
HH. "SMALL CITY POVERTY CONCENTRATION COUNT" FOR DISTRICTS IN CITIES
WITH POPULATIONS FEWER THAN ONE HUNDRED TWENTY-FIVE THOUSAND PERSONS IN
THE MOST RECENT CENSUS SHALL MEAN THE NUMBER EQUAL TO THE PRODUCT OF THE
THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT AND THE
QUOTIENT, COMPUTED TO THREE DECIMALS WITHOUT ROUNDING, OF THE ENROLLMENT
PER SQUARE MILE DIVIDED BY TWO, BUT NOT MORE THAN THREE HUNDRED.
ENROLLMENT PER SQUARE MILE SHALL BE THE QUOTIENT, COMPUTED TO TWO DECI-
MALS WITHOUT ROUNDING, OF THE PUBLIC SCHOOL ENROLLMENT OF THE SCHOOL
DISTRICT ON THE DATE ENROLLMENT WAS COUNTED IN ACCORDANCE WITH THIS
SUBDIVISION FOR THE BASE YEAR DIVIDED BY THE SQUARE MILES OF THE
DISTRICT, AS DETERMINED BY THE COMMISSIONER.
S 4. Paragraph s of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
s. "Extraordinary needs count" shall mean the sum of the product of
the limited English proficiency count multiplied by fifty percent, plus,
the poverty count, THE SMALL CITY POVERTY CONCENTRATION COUNT and the
sparsity count.
S 5. Subparagraph 4 of paragraph a of subdivision 4 of section 3602 of
the education law, as amended by section 5-a of part A of chapter 56 of
the laws of 2015, 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] FIFTEEN percent [(0.65)] (0.15) 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, and provided further that
such income wealth index shall not be less than zero for the two thou-
sand thirteen--two thousand fourteen school year. The selected actual
A. 5463--B 3
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 6. Subdivision 18 of section 3602 of the education law, as added by
section 37 of part A of chapter 58 of the laws of 2011, is amended to
read as follows:
18. Allocable growth amount apportionment. Such amount shall be appor-
tioned for a school year pursuant to a chapter of the laws of New York
enacted for the state fiscal year in which such school year commences,
and shall be allocated to purposes including but not limited to compet-
itive grant awards made pursuant to subdivisions five and six of section
thirty-six hundred forty-one of this article, THE SMALL CITY SUCCESSFUL
SCHOOLS AID ALLOCATED PURSUANT TO SUBDIVISION FORTY-TWO OF THIS SECTION,
the foundation aid phase-in amount or other foundation aid increase
allocated pursuant to subdivision four of this section and the gap elim-
ination adjustment restoration amount apportioned pursuant to subdivi-
sion seventeen of this section. In the event that a chapter of the laws
of New York enacted for the state fiscal year in which such school year
commences is not enacted, the allocations in support of subdivisions
five and six of section thirty-six hundred forty-one of this article
shall equal the allocations in support of such awards in the base year,
and the apportionments pursuant to subdivisions four and seventeen of
this section for the current year shall equal the apportionments for
such subdivisions four and seventeen for the base year.
S 7. Section 3602 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. SMALL CITY SUCCESSFUL SCHOOLS AID. COMMENCING WITH AID PAYABLE IN
THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, SCHOOL
DISTRICTS IN CITY SCHOOL DISTRICTS OF THOSE CITIES HAVING POPULATIONS
FEWER THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS SHALL BE ELIGI-
BLE FOR AN ADDITIONAL APPORTIONMENT AS PROVIDED FOR IN THIS SUBDIVISION.
SUCH DISTRICTS SHALL BE ELIGIBLE FOR AN ADDITIONAL APPORTIONMENT IN THE
TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER,
IN AN AMOUNT EQUAL TO THE PRODUCT OF THE THREE-YEAR AVERAGE FREE AND
REDUCED PRICE LUNCH PERCENT AND THE PRODUCT OF FOUR HUNDRED DOLLARS AND
TOTAL AIDABLE FOUNDATION PUPIL UNITS TO BE USED FOR NEW PROGRAMS OR
EXPANDED PROGRAMS WITH RESPECT TO SUCH STUDENTS FIRST BEGUN OR EXPANDED
IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR OR THER-
EAFTER APPROVED BY THE COMMISSIONER FOR THE FOLLOWING PURPOSES:
A. CLASS SIZE REDUCTION;
B. ACADEMIC INTERVENTION SERVICES;
C. RESPONSE TO INTERVENTION SERVICES;
D. DROP OUT PREVENTION;
E. INCARCERATED YOUTH SERVICES;
F. PARENT INVOLVEMENT PROGRAMS;
G. EXTENDED DAY AND EXTENDED YEAR PROGRAMS; AND
H. PSYCHO-SOCIAL TESTING.
S 8. This act shall take effect immediately.