Senate Bill S3589

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3589
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 Introduced  by  Sens.  JACKSON, COMRIE, HELMING, MYRIE -- 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 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. This act shall be known and may be cited as the "education
 funding census update act".
   § 2. Subparagraphs (ii), (iii) and (iv) of paragraph q of  subdivision
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01193-01-5
              

 S. 3589                             2
 
 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
 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.
   § 3.  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
 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
   § 4. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.