S T A T E O F N E W Y O R K
________________________________________________________________________
8533
2021-2022 Regular Sessions
I N A S S E M B L Y
December 13, 2021
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to updating the census
numbers used to calculate certain education funding
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs (ii), (iii) and (iv) of paragraph q of subdi-
vision 1 of section 3602 of the education law, as amended by section 16
of part YYY of chapter 59 of the laws of 2017, are amended to read as
follows:
(ii) "Census count" shall mean the product of the public school
enrollment of the school district on the date enrollment was counted in
accordance with this subdivision for the base year multiplied by the
census [2000] poverty rate.
(iii) "Census [2000] poverty rate" shall mean the quotient of the
number of persons aged five to seventeen within the school district,
based on the MOST RECENT FEDERAL decennial census conducted [in the year
two thousand] as tabulated by the National Center on Education Statis-
tics, who were enrolled in public schools and whose families had incomes
below the poverty level, divided by the total number of persons aged
five to seventeen within the school district, based on such decennial
census, who were enrolled in public schools, computed to four decimals
without rounding.
(iv) "Selected poverty rate" shall mean: (A) for school districts with
high concentrations of nonpublic students, the greater of the census
[2000] poverty rate or the three-year average small area income and
poverty estimate poverty rate; and (B) for all other school districts,
the three-year average small area income and poverty estimate poverty
rate. For the purposes of this subparagraph, "three-year average small
area income and poverty estimate poverty rate" shall equal the quotient
of (1) the sum of the number of persons aged five to seventeen within
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13899-01-1
A. 8533 2
the school district, based on the small area income and poverty esti-
mates produced by the United States census bureau, whose families had
incomes below the poverty level for the year two years prior to the year
in which the base year began, plus such number for the year three years
prior to the year in which the base year began, plus such number for the
year four years prior to the year in which the base year began, divided
by (2) the sum of the total number of persons aged five to seventeen
within the school district, based on such census bureau estimates, for
the year two years prior to the year in which the base year began, plus
such total number for the year three years prior to the year in which
the base year began, plus such total number for the year four years
prior to the year in which the base year began, computed to four deci-
mals without rounding.
§ 2. Item 1 of subclause 9 of clause (ii) of subparagraph 2 of para-
graph b of subdivision 4 of section 3602 of the education law, as
amended by section 10-c of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
(1) for school districts with a census [2000] poverty rate computed
pursuant to paragraph q of subdivision one of this section equal to or
greater than twenty-six percent (0.26), ten and three-tenths percent
(0.103), or
§ 3. Paragraph b-3 of subdivision 4 of section 3602 of the education
law, as amended by section 9-b of part CCC of chapter 59 of the laws of
2018, is amended to read as follows:
b-3. Due minimum for the two thousand seventeen--two thousand eighteen
school year. Notwithstanding any other provision of law to the contrary,
for the two thousand seventeen--two thousand eighteen school year the
total foundation aid shall not be less than (A) the sum of the total
foundation aid base computed pursuant to paragraph j of subdivision one
of this section plus the product of (i) the difference of the amount set
forth for such school district as "FOUNDATION AID" under the heading
"2017-18 ESTIMATED AIDS" in the school aid computer listing produced by
the commissioner in support of the executive budget request for the two
thousand seventeen--two thousand eighteen school year and entitled
"BT171-8" less the amount set forth for such school district as "FOUNDA-
TION AID" under the heading "2016-17 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the execu-
tive budget request for the two thousand seventeen--two thousand eigh-
teen school year and entitled "BT171-8" multiplied by (ii) one and eigh-
teen one-hundredths (1.18), or (B) the product of forty-four and
seventy-five one-hundredths percent (0.4475) multiplied by total founda-
tion aid as computed pursuant to paragraph a of this subdivision, or (C)
the sum of the total foundation aid base computed pursuant to paragraph
j of subdivision one of this section plus the due minimum for the two
thousand seventeen--two thousand eighteen school year, where such due
minimum shall equal (1) for school districts with a census [2000] pover-
ty rate computed pursuant to paragraph q of subdivision one of this
section, equal to or greater than eleven and nine-tenths percent
(0.119), the product of the foundation aid base for the two thousand
seventeen--two thousand eighteen school year computed pursuant to
subparagraph (iii) of paragraph j of subdivision one of this section
multiplied by three hundred thirty-five ten-thousandths (0.0335), or (2)
for all other school districts the product of the foundation aid base
for the two thousand seventeen--two thousand eighteen school year
computed pursuant to subparagraph (iii) of paragraph j of subdivision
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one of this section multiplied by two and seventy-four one-hundredths
percent (0.0274).
§ 4. Subparagraph 2 of paragraph i of subdivision 4 of section 3602 of
the education law, as added by section 10-b of part A of chapter 56 of
the laws of 2021, is amended to read as follows:
(2) The "foundation aid phase-in factor" shall be equal to the greater
of: (i) twenty-six hundred twenty-five ten-thousandths (0.2625); (ii)
twenty-seven hundred twenty-eight ten-thousandths (0.2728) for districts
with a sparsity count computed pursuant to paragraph r of subdivision
one of this section greater than zero; (iii) twenty-seven hundredths
(0.27) for small city school districts pursuant to paragraph jj of
subdivision one of this section; (iv) forty-four hundredths (0.44) for a
city school district in a city with a population of more than one
hundred twenty-five thousand but less than one hundred fifty thousand as
of the [two thousand ten] MOST RECENT federal decennial census; (v) four
hundred ninety-five thousandths (0.495) for a city school district in a
city with a population of more than one hundred fifty thousand but less
than two hundred fifty thousand as of the [two thousand ten] MOST RECENT
federal decennial census; (vi) forty-four hundredths (0.44) for a city
school district in a city with a population of more than two hundred
fifty thousand but less than one million as of the [two thousand ten]
MOST RECENT federal decennial census; or (vii) four hundred ninety-five
thousandths (0.495) for a city school district in a city having a popu-
lation of one million or more.
§ 5. Clause 1 of subparagraph (G) of paragraph b of subdivision 17 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:
(1) in the case of a district determined to be a high-need school
district pursuant to clause (c) of subparagraph two of paragraph c of
subdivision six of this section for the school aid computer listing
produced by the commissioner in support of the enacted budget for the
two thousand seven--two thousand eight school year and entitled
"SA0708",
(a) in the case of a city school district in a city with a population
in excess of one million inhabitants, four and five hundred thirty-seven
thousandths percent (0.04537),
(b) in the case of a city school district in a city with a population
of more than two hundred fifty thousand inhabitants and less than one
million inhabitants according to the [two thousand] MOST RECENT federal
census, four and one-tenth percent (0.041),
(c) in the case of a city school district in a city with a population
of more than two hundred ten thousand inhabitants and less than two
hundred fifty thousand inhabitants according to the [two thousand] MOST
RECENT federal census, four and thirteen hundredths percent (0.0413),
(d) in the case of a city school district in a city with a population
of more than one hundred seventy thousand inhabitants and less than two
hundred ten thousand inhabitants according to the [two thousand] MOST
RECENT federal census, five and ninety-seven hundredths percent
(0.0597),
(e) in the case of a city school district in a city with a population
of more than one hundred thousand inhabitants and less than one hundred
seventy thousand inhabitants according to the [two thousand] MOST RECENT
federal census, five and fifty-three hundredths percent (0.0553),
(f) in the case of any other such school district which has a three-
year average free and reduced price lunch percent greater than seventy-
five percent (0.75) and which has an administrative efficiency ratio
A. 8533 4
less than one and fifty-five hundredths percent (0.0155), four and nine
hundredths percent (0.0409), and
(g) for all other such school districts, six and eight-tenths percent
(0.068), or
§ 6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.