S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    532
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, COOK, STECK, CROUCH, HAWLEY, BUTLER,
   GOODELL -- Multi-Sponsored by -- M. of A. BARCLAY, 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.
   § 2. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03129-01-7

 A. 532                              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)] (0.4) 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.
   § 3. This act shall take effect immediately.