NY State Senate Bill 2015-S6784A

Senate Bill S6784A

2015-2016 Legislative Session

Relates to the allocation of building aid funds to failing and persistently failing schools

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 16, 2016	print number 6784a
Mar 16, 2016	amend and recommit to education
Feb 22, 2016	referred to education

Bill Amendments

Original

A (Active)

2015-S6784 - Details

See Assembly Version of this Bill:: A9041
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3602, Ed L
Versions Introduced in 2017-2018 Legislative Session:: A2028

2015-S6784 - Summary

Relates to the allocation of building aid funds to struggling and persistently struggling schools.

2015-S6784 - Sponsor Memo

                                 BILL NUMBER:  S6784

 TITLE OF BILL :

An act to amend the education law, in relation to the allocation of
building aid funds to failing and persistently failing schools

 PURPOSE :

To assist schools designated as "failing" or "persistently failing" by
ensuring their eligibility for state building aid as they seek to
implement the community school model.

 SUMMARY OF PROVISIONS :

Section 3602 of the Education Law is amended by adding a new
subdivision 6-h regarding building aid for failing and persistently
failing schools. It provides greater flexibility in using building aid
for instructional space and community school facility spaces.

 JUSTIFICATION :

This bill would assist schools designated as "failing" or
"persistently failing" by ensuring that building aid may be used for
shared spaces and classroom space that is needed to support a
community school model.

A community school model seeks to make the school a "community hub"
which provides wrap-around health care services for students, includes
space for the greater community to use, offers adult education classes
and career and technical education (CTE) opportunities, and provides a
support structure and space for students and for greater community
engagement.

The current building aid model pre-dates the concept of community
schools and currently provides little or no building aid funding for
the shared spaces and support spaces that are important to the
community school model. As many of the failing and persistently
failing schools are in impoverished communities where there is little
local tax base, it is difficult for these schools to expand shared
spaces to support a community school model and better engage the
community in efforts to support and turn around the school.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
The first of April next succeeding the date on which it shall have
become a law.

2015-S6784 - Bill Text download pdf

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

                                  6784

                            I N  S E N A T E

                            February 22, 2016
                               ___________

Introduced  by  Sen.  FARLEY -- 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  the  allocation  of
  building aid funds to failing and persistently failing schools

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

  Section 1. Section 3602 of the education law is amended  by  adding  a
new subdivision 6-h to read as follows:
  6-H.  BUILDING  AID  FOR FAILING AND PERSISTENTLY FAILING SCHOOLS.  A.
ANY SCHOOL DESIGNATED AS A FAILING OR PERSISTENTLY FAILING SCHOOL  UNDER
PARAGRAPH  (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F
OF THIS CHAPTER SHALL RECEIVE BUILDING AID PURSUANT TO THE BUILDING  AID
RATIO COMPUTED FOR USE IN THE CURRENT YEAR ESTABLISHED IN PARAGRAPH C OF
SUBDIVISION SIX OF THIS SECTION WITH INDIVIDUAL BUILDING AID UNITS ALLO-
CATED IN ACCORDANCE WITH THIS SUBDIVISION. FOR PURPOSES OF THIS SUBDIVI-
SION, "BUILDING AID UNIT" SHALL INCLUDE INSTRUCTIONAL SPACE AND COMMUNI-
TY  SCHOOL  FACILITY SPACES. SUCH COMMUNITY SCHOOL FACILITY SPACES SHALL
INCLUDE BUT NOT BE LIMITED TO HEALTH  SUITES,  ADULT  EDUCATION  SPACES,
GUIDANCE  SUITES,  RESOURCE  ROOMS,  REMEDIAL ROOMS AND PARENT/COMMUNITY
ROOMS.
  B. IN ADDITION TO THE APPORTIONMENT PAYABLE PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION, THE COMMISSIONER IS HEREBY AUTHORIZED TO APPORTION  TO
ANY  FAILING OR PERSISTENTLY FAILING SCHOOL DISTRICT ADDITIONAL BUILDING
AID TO ESTABLISH SUSTAINABLE COMMUNITY SCHOOLS THAT  FOSTER  PARENT  AND
COMMUNITY  ENGAGEMENT. SUCH AID SHALL BE ALLOCATED FOR SHARED AND LARGER
CLASSROOM SPACES INCLUDING BUT NOT LIMITED TO CAREER TECHNICAL EDUCATION
CLASSROOMS, AUDITORIUMS, LARGE GROUP INSTRUCTION ROOMS AND GYMNASIUMS.
  S 2. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13453-01-5

2015-S6784A (ACTIVE) - Details

See Assembly Version of this Bill:: A9041
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3602, Ed L
Versions Introduced in 2017-2018 Legislative Session:: A2028

2015-S6784A (ACTIVE) - Summary

Relates to the allocation of building aid funds to struggling and persistently struggling schools.

2015-S6784A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6784A

 TITLE OF BILL :  An act to amend the education law, in relation to
the allocation of building aid funds to failing and persistently
failing schools

 PURPOSE :  To assist schools designated as "struggling" or
"persistently struggling" by ensuring their eligibility for state
building aid as they seek to implement the community school model.

 SUMMARY OF PROVISIONS :

Section 3602 of the Education Law is amended by adding a new
subdivision 6-h regarding building aid for struggling and persistently
struggling schools. It provides greater flexibility in using building
aid for instructional space and community school facility spaces.

 JUSTIFICATION :

This bill would assist schools designated as "struggling" or
"persistently struggling" by ensuring that building aid may be used
for shared spaces and classroom space that is needed to support a
community school model.

A community school model seeks to make the school a "community hub"
which provides wrap-around health care services for students, includes

space for the greater community to use, offers adult education classes
and career and technical education (CTE) opportunities, and provides a
support structure and space for students and for greater community
engagement.

The current building aid model pre-dates the concept of community
schools and currently provides little or no building aid funding for
the shared spaces and support spaces that are important to the
community school model. As many of the struggling and persistently
struggling schools are in impoverished communities where there is
little local tax base, it is difficult for these schools to expand
shared spaces to support a community school model and better engage
the community in efforts to support and turn around the school.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
The first of July next succeeding the date on which it shall have
become a law.

2015-S6784A (ACTIVE) - Bill Text download pdf

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

                                 6784--A

                            I N  S E N A T E

                            February 22, 2016
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  education law, in relation to the allocation of
  building aid funds to failing and persistently failing schools

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

  Section  1.  Section  3602 of the education law is amended by adding a
new subdivision 6-h to read as follows:
  6-H. APPORTIONMENT OF BUILDING AID FOR ELIGIBLE PROJECTS IN STRUGGLING
AND PERSISTENTLY STRUGGLING SCHOOLS FOR THE PURPOSE OF  CONVERTING  SUCH
SCHOOLS  TO  COMMUNITY  SCHOOLS. A. IN LIEU OF THE APPORTIONMENT PAYABLE
PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COMMISSIONER IS  HEREBY
AUTHORIZED  TO  APPORTION  BUILDING AID TO A SCHOOL DISTRICT PURSUANT TO
THIS SUBDIVISION IN THE AMOUNT EQUAL TO THE PRODUCT OF: (1) ITS APPROVED
EXPENDITURES IN THE BASE YEAR FOR CAPITAL OUTLAYS  FROM  THE  DISTRICT'S
GENERAL  FUND,  CAPITAL  FUND  OR RESERVED FUNDS THAT ARE INCURRED ON OR
AFTER JULY FIRST OF THIS BASE YEAR, OR ITS CURRENT YEAR APPROVED EXPEND-
ITURES FOR DEBT SERVICE OR A LEASE, LEASE-PURCHASE  OR  OTHER  AGREEMENT
RELATING  TO  AN  EDUCATIONAL  FACILITY  TO THE EXTENT SUCH EXPENDITURES
WOULD HAVE BEEN AIDABLE IN THE CURRENT YEAR PURSUANT TO SUBDIVISION  SIX
OF  THIS SECTION OR ITS BASE YEAR APPROVED EXPENDITURES FOR A LEASE-PUR-
CHASE AGREEMENT TO THE EXTENT SUCH EXPENDITURES WOULD BE AIDABLE IN  THE
BASE  YEAR  PURSUANT  TO  SUBDIVISION  SIX  OF THIS SECTION, AND (2) THE
DISTRICT'S APPLICABLE BUILDING AID RATIO AS DEFINED  PURSUANT  TO  PARA-
GRAPH  C  OF  SUBDIVISION  SIX  OF  THIS  SECTION FOR AN ELIGIBLE SCHOOL
CONSTRUCTION PROJECT, AS DEFINED IN PARAGRAPH C OF THIS SUBDIVISION,  IN
AN  ELIGIBLE  SCHOOL,  AS  DEFINED  IN  PARAGRAPH B OF THIS SUBDIVISION.
APPROVED EXPENDITURES FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS THAT ARE
ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL NOT  BE
ELIGIBLE FOR AID PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  B.  FOR  PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL" SHALL MEAN
AN SCHOOL DESIGNATED AS A STRUGGLING OR PERSISTENTLY  STRUGGLING  SCHOOL

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

                                                           LBD13453-03-6

S. 6784--A                          2

PURSUANT  TO  THE REGULATIONS OF THE COMMISSIONER, AS OF THE DATE OF THE
COMMISSIONER'S APPROVAL OF AN ELIGIBLE SCHOOL CONSTRUCTION PROJECT, THAT
IS CONVERTING TO A COMMUNITY SCHOOL PURSUANT  TO  SUBDIVISION  SEVEN  OF
SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER.
  C.  FOR PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL CONSTRUCTION
PROJECT" SHALL MEAN ANY PROJECT FOR THE FINANCING, REFINANCING, ACQUISI-
TION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION  OR  IMPROVE-
MENT  OF AN ELIGIBLE SCHOOL FOR THE PURPOSES OF ESTABLISHING SUSTAINABLE
COMMUNITY SCHOOLS THAT FOSTER COMMUNITY AND PARENT ENGAGEMENT.
  D. AN APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL  BE  DETERMINED
PURSUANT TO SUBDIVISION SIX OF THIS SECTION, EXCEPT THAT THE COMMISSION-
ER  SHALL ASSIGN SPECIAL RATING CAPACITIES FOR COMMUNITY SCHOOL FACILITY
SPACES IN AN ELIGIBLE SCHOOL, WHICH SHALL INCLUDE BUT NOT BE LIMITED  TO
HEALTH  SUITES, ADULT EDUCATION SPACES, GUIDANCE SUITES, RESOURCE ROOMS,
REMEDIAL ROOMS AND PARENT/COMMUNITY ROOMS, SHARED AND  CLASSROOM  SPACES
INCLUDING  BUT  NOT  LIMITED  TO  CAREER TECHNICAL EDUCATION CLASSROOMS,
AUDITORIUMS, CAFETERIAS, LARGE GROUP INSTRUCTION ROOMS AND GYMNASIUMS AS
DEFINED IN REGULATIONS OF THE COMMISSIONER; PROVIDED, HOWEVER, THAT COST
ALLOWANCES FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS UNDER THIS  SECTION
SHALL BE THE LESSER OF ONE HUNDRED FIFTEEN PER CENTUM OF THE COST ALLOW-
ANCES  FOR  COMPARABLE  INSTRUCTIONAL SPACE DETERMINED UNDER SUBDIVISION
SIX OF THIS SECTION OR THE ACTUAL COSTS RELATING  TO  THE  CONSTRUCTION,
ACQUISITION,  RECONSTRUCTION,  REHABILITATION OR IMPROVEMENT OF A SCHOOL
BUILDING.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

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