S T A T E O F N E W Y O R K
________________________________________________________________________
3107--A
2023-2024 Regular Sessions
I N S E N A T E
January 27, 2023
___________
Introduced by Sen. MANNION -- 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 aid payable to low
spending high need school districts
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 21 to read as follows:
21. SUPPLEMENTAL LOW SPENDING HIGH NEED AID. A. FOR AID PAYABLE IN THE
TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THER-
EAFTER, SCHOOL DISTRICTS SHALL BE ELIGIBLE FOR AN ADDITIONAL APPORTION-
MENT EQUAL TO THE PRODUCT OF THE AID PER PUPIL AS DEFINED PURSUANT TO
SUBPARAGRAPH SIX OF PARAGRAPH B OF THIS SUBDIVISION, MULTIPLIED BY
PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION.
B. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(1) "REGIONAL AVERAGE SPENDING" SHALL BE EQUAL TO THE SUM OF THE
EXPENSE PER PUPIL AS COMPUTED PURSUANT TO PARAGRAPH F OF SUBDIVISION ONE
OF THIS SECTION FOR ALL DISTRICTS WITHIN EACH LABOR FORCE REGION,
DIVIDED BY THE NUMBER OF DISTRICTS IN EACH RESPECTIVE LABOR FORCE
REGION.
(2) "LABOR FORCE REGION" FOR EACH DISTRICT SHALL HAVE THE SAME MEANING
AS DEFINED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH A OF SUBDIVISION
FOUR OF THIS SECTION, PROVIDED THAT A CITY SCHOOL DISTRICT IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE SHALL BE ASSIGNED TO THE NEW
YORK CITY LABOR FORCE REGION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05206-02-3
S. 3107--A 2
(3) "NEEDS RESOURCE INDEX" SHALL BE EQUAL TO THE EXTRAORDINARY NEEDS
INDEX DIVIDED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARA-
GRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION.
(4) "EXTRAORDINARY NEEDS INDEX" SHALL BE EQUAL TO THE EXTRAORDINARY
NEEDS PERCENT AS COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF
THIS SECTION DIVIDED BY THE STATEWIDE AVERAGE OF SUCH EXTRAORDINARY
NEEDS INDEX.
(5) "LOW SPENDING PERCENT" SHALL BE EQUAL TO THE QUOTIENT OF THE POSI-
TIVE DIFFERENCE, IF ANY, OF THE REGIONAL AVERAGE SPENDING LESS THE
EXPENSE PER PUPIL AS COMPUTED PURSUANT TO PARAGRAPH F OF SUBDIVISION ONE
OF THIS SECTION, DIVIDED BY THE REGIONAL AVERAGE SPENDING.
(6) "AID PER PUPIL" SHALL BE EQUAL TO (I) THE PRODUCT OF THE POSITIVE
DIFFERENCE, IF ANY, OF THE NEEDS RESOURCE INDEX LESS ONE (1.0), (II)
MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF THE LOW SPENDING
PERCENT LESS ONE-TENTH (0.10), (III) MULTIPLIED BY TWO HUNDRED FIFTY
DOLLARS, PROVIDED THAT THE AID PER PUPIL SHALL NOT EXCEED SEVEN HUNDRED
FIFTY DOLLARS.
§ 2. Subparagraph (ii) of paragraph j of subdivision 1 of section 3602
of the education law, as amended by section 4 of part A of chapter 56 of
the laws of 2022, is amended to read as follows:
(ii) For aid payable in the two thousand eight--two thousand nine
school year and thereafter, the total foundation aid base shall equal
the total amount a district was eligible to receive in the base year
pursuant to subdivision four of this section plus foundation aid mainte-
nance of equity aid pursuant to subdivision four-a of this section PLUS
SUPPLEMENTAL LOW SPENDING HIGH NEED AID CALCULATED PURSUANT TO SUBDIVI-
SION TWENTY-ONE OF THIS SECTION.
§ 3. Subparagraph (ii) of paragraph j 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:
(ii) For aid payable in the two thousand eight--two thousand nine
school year and thereafter, the total foundation aid base shall equal
the total amount a district was eligible to receive in the base year
pursuant to subdivision four of this section PLUS SUPPLEMENTAL LOW
SPENDING HIGH NEED AID CALCULATED PURSUANT TO SUBDIVISION TWENTY-ONE OF
THIS SECTION.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to subparagraph (ii) of paragraph j of subdivision 1 of
section 3602 of the education law made by section two of this act shall
be subject to the expiration and reversion of such subparagraph pursuant
to section 35 of part A of chapter 56 of the laws of 2022, as amended,
when upon such date the provisions of section three of this act shall
take effect.