S T A T E O F N E W Y O R K
________________________________________________________________________
6337--A
2017-2018 Regular Sessions
I N S E N A T E
May 11, 2017
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- recommitted
to the Committee on Education in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the education law, in relation to the computation of the
cost of a sound basic education in the Maisto Districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent: It is the responsibility of the legis-
lature under article XI of the constitution of the state of New York to
establish and maintain a system that will provide all children an oppor-
tunity to receive a meaningful high school education. As shown at trial
in State Supreme Court of MAISTO, ET AL. V STATE OF NEW YORK it is
clear that under current law resources sufficient to offer that educa-
tion in eight small city school districts, known as the Maisto
Districts, are not being provided. Therefore, it is the intention of the
legislature to amend certain provisions of the education law to create a
Maisto District Sound Basic Education Cost Panel to determine the cost
of a sound basic education in each of the districts sufficient to allow
such districts to provide all the children in the districts an opportu-
nity to receive a meaningful high school education and to maintain heal-
thy, vibrant educational communities.
§ 2. This act shall be known and may be cited as the "Maisto District
sound basic education cost panel act".
§ 3. Section 3641 of the education law is amended by adding a new
subdivision 17 to read as follows:
17. MAISTO DISTRICT SOUND BASIC EDUCATION COST PANEL. THERE IS HEREBY
CREATED THE MAISTO DISTRICT SOUND BASIC EDUCATION COST PANEL FOR THE
PURPOSE OF DETERMINING THE COST OF A SOUND BASIC EDUCATION IN EACH OF
THE EIGHT MAISTO DISTRICTS, INCLUDING JAMESTOWN CITY SCHOOL DISTRICT,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11697-02-8
S. 6337--A 2
KINGSTON CITY SCHOOL DISTRICT, MOUNT VERNON CITY SCHOOL DISTRICT,
NEWBURGH CITY SCHOOL DISTRICT, NIAGARA FALLS CITY SCHOOL DISTRICT, PORT
JERVIS CITY SCHOOL DISTRICT, POUGHKEEPSIE CITY SCHOOL DISTRICT AND UTICA
CITY SCHOOL DISTRICT. THE PANEL SHALL CONSIST OF SIX MEMBERS, TO BE
APPOINTED BY EACH OF THE FOLLOWING: TWO BY THE SENATE MAJORITY LEADER,
ONE BY THE SENATE MINORITY LEADER, TWO BY THE ASSEMBLY SPEAKER AND ONE
BY THE ASSEMBLY MINORITY LEADER. THE PANEL SHALL MEET AS OFTEN AS DEEMED
NECESSARY BUT NOT FEWER THAN FOUR TIMES, ELECT A CHAIRPERSON TO SCHEDULE
AND CONDUCT SUCH MEETINGS AND HAVE THE POWER TO APPOINT SUCH ASSISTANTS
EITHER FROM THE LEGISLATURE, THE DEPARTMENT OR FROM THE PRIVATE SECTOR
AND EXPERT ADVISORS AS NECESSARY TO FULFILL ALL DUTIES. DUTIES OF THE
PANEL INCLUDE THE FOLLOWING:
A. SELECTING AN INDEPENDENT CONSULTANT TO ASSIST IN CONDUCTING STUDIES
AND DRAFTING THE REPORT ON THE COST OF A SOUND BASIC EDUCATION IN EACH
OF THE EIGHT MAISTO DISTRICTS.
B. INSURING THAT THE STUDIES AND REPORTS USE BOTH THE PROFESSIONAL
JUDGMENT METHOD AND THE FOUNDATION AID FORMULA METHOD OF DETERMINING THE
COST OF A SOUND BASIC EDUCATION.
C. WITH RESPECT TO THE FOUNDATION AID METHOD, BASING THE FOUNDATION
AMOUNT ON THE AVERAGE SPENDING OF SUCCESSFUL DISTRICTS WHICH HAVE
ACHIEVED AT LEAST EIGHTY PERCENT PROFICIENCY ON TWO FOURTH GRADE STATE
ASSESSMENTS AND FIVE STATE REGENTS EXAMINATIONS, USING RESEARCHED BASED
PUPIL WEIGHTINGS DETERMINED BY USING NEW YORK STATE STUDENT DATA AND
USING A RESEARCHED BASED REGIONAL COST INDEX.
D. SELECTING AN INDEPENDENT CONSULTANT WITHIN NINETY DAYS OF THE
EFFECTIVE DATE OF THIS SUBDIVISION AND ISSUING A PRELIMINARY REPORT TO
THE SENATE MAJORITY LEADER, SENATE MINORITY LEADER, ASSEMBLY SPEAKER AND
ASSEMBLY MINORITY LEADER ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND
EIGHTEEN AND A FINAL REPORT ON OR BEFORE DECEMBER FIFTEENTH, TWO THOU-
SAND EIGHTEEN.
§ 4. This act shall take effect immediately.