A11692
STATE OF NEW YORK
________________________________________________________________________
11692
IN ASSEMBLY
June 18, 2004
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Silver,
Sanders, Farrell, Tokasz, Abbate, Arroyo, Aubertine, Aubry, Benjamin,
Bing, Boyland, Brennan, Brodsky, Cahill, Canestrari, Carrozza, Chris-
tensen, Clark, A. Cohen, M. Cohen, Colton, Cook, Cusick, Cymbrowitz,
DelMonte, Destito, L. Diaz, R. Diaz, Dinowitz, Eddington, Espaillat,
Fields, Galef, Gianaris, Glick, Gottfried, Grannis, Grodenchik, Hoop-
er, Hoyt, Jacobs, Kaufman, Lafayette, Lavelle, Lentol, Lifton, Lopez,
Magee, Magnarelli, Markey, McEneny, McLaughlin, Millman, Morelle,
Nolan, Norman, O'Donnell, Ortiz, Paulin, Peoples, Peralta, Perry,
Pheffer, Powell, Pretlow, Ramos, P. Rivera, Robinson, Seddio, Sidik-
man, Smith, Stringer, Titus, Tonko, Towns, Weinstein, Weisenberg,
Wright) -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to the calculation and
payment of state aid; to amend the public authorities law, in relation
to public school districts; authority financing of eligible school
construction projects; building aid for a sound education (BASE); to
amend the state finance law and the tax law, in relation to the estab-
lishment of the state video lottery fund; to amend chapter 756 of the
laws of 1992 relating to funding a program for workforce education
conducted by the consortium for worker education in New York city, in
relation to the effectiveness thereof; to amend chapter 93 of the laws
of 2002 amending the education law relating to aid for teachers of
tomorrow recruitment and retention program, in relation to the effec-
tiveness thereof; to amend chapter 405 of the laws of 1999 relating to
amending the real property tax law and other laws relating to improv-
ing the administration of the school tax relief (STAR) program relat-
ing to school aid, in relation to the effectiveness thereof; relating
to school bus driver training; Fort Drum school district grants;
learning technology grants; general support of public schools; bilin-
gual education grants; grants for teacher support; special academic
improvement grants; teachers for tomorrow
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD18497-01-4
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1 Section 1. Clause (d) of subparagraph (i) of paragraph y of subdivi-
2 sion 1 of section 3602 of the education law, as added by section 6 of
3 part A2 of chapter 62 of the laws of 2003, is amended to read as
4 follows:
5 (d) for aid payable in the two thousand three--two thousand four and
6 two thousand four--two thousand five school [year] years, the product of
7 the aid selected pursuant to clause one of subparagraph b of paragraph
8 six of subdivision nineteen of this section in the base year and nine-
9 ty-five hundredths.
10 § 2. Subdivision 1 of section 3602 of the education law is amended by
11 adding a new paragraph bb to read as follows:
12 bb. "regional cost index" for the purposes of this section, shall mean
13 a statewide index reflecting regional variances in the cost of profes-
14 sional labor not associated with the teaching professions, established
15 by the commissioner for multi-county labor force regions to be deter-
16 mined by the commissioner and based on representative wage data from the
17 Occupational Employment Statistics survey provided by the New York state
18 bureau of labor statistics. The unadjusted regional cost index shall be
19 the product of the weighted median annual wage for the labor force
20 region divided by the weighted median annual wage for New York state,
21 calculated to three decimal places without rounding, and shall be
22 updated triennially in accordance with the data collection cycle of the
23 occupational employment statistics survey. The regional cost index shall
24 be the product of the unadjusted regional cost index divided by the
25 lowest unadjusted regional cost index for any labor force region within
26 the state, calculated to three decimal places without rounding, but not
27 less than one.
28 § 3. Clause (a) of subparagraph 3 of paragraph e of subdivision 6 of
29 section 3602 of the education law, as amended by section 9-a of part A2
30 of chapter 62 of the laws of 2003, is amended to read as follows:
31 (a) For the purposes of calculating the apportionments payable to a
32 school district other than the city school district of the city of New
33 York pursuant to this subdivision for any debt service related to
34 projects approved by the commissioner on or after the later of the first
35 day of December, two thousand one or thirty days after the date upon
36 which this subparagraph shall have become a law, or for any debt service
37 related to projects approved by the commissioner prior to such date
38 where a bond, capital note or bond anticipation note is first issued on
39 or after such date to fund such project or for lease-purchase or other
40 annual payments under a lease-purchase agreement or an equivalent agree-
41 ment entered into on or after the later of the first day of December,
42 two thousand one or thirty days after the date upon which this subpara-
43 graph shall have become a law that are eligible for aid under the open-
44 ing paragraph of this subdivision, current year approved expenditures
45 for debt service shall mean debt service or lease-purchase or other
46 annual payments under a lease-purchase agreement or an equivalent agree-
47 ment that would be incurred during the current year based on an assumed
48 amortization to be established by the commissioner pursuant to this
49 subparagraph of the approved project costs to be financed related to any
50 such approved project, for a period of:
51 (i) thirty years if the project is for the construction or acquisition
52 of a new school building,
53 (ii) twenty years if the project is for the construction of an addi-
54 tion to a school building or for the reconstruction, rehabilitation or
55 improvement of a school building for which a period of probable useful-
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1 ness of twenty or more years is assigned pursuant to the local finance
2 law, and
3 (iii) fifteen years if the project is for the reconstruction, rehabil-
4 itation or improvement of a school building for which a period of proba-
5 ble usefulness of less than twenty years is assigned pursuant to the
6 local finance law.
7 Provided, however, that, notwithstanding any provision of law to the
8 contrary, for aid payable in the two thousand three---two thousand four
9 school year, for any project which is eligible for an apportionment
10 pursuant to this subparagraph, but which did not yet have a certif-
11 ication that a general construction contract had been awarded for such
12 project by the district on file with the commissioner as of February
13 fifteenth, two thousand three, such debt service or lease-purchase or
14 other annual payments under a lease-purchase agreement or an equivalent
15 agreement that would be incurred during the current year based on an
16 assumed amortization to be established by the commissioner pursuant to
17 this subparagraph of the approved project costs to be financed shall not
18 be current year approved expenditures for debt service, but shall be
19 deemed to be debt service on new bonds and capital notes aidable in July
20 following the current year pursuant to clause (b) of subparagraph one of
21 paragraph f of this subdivision.
22 Provided, however, that, notwithstanding any provision of law to the
23 contrary, for aid payable in the two thousand four--two thousand five
24 school year, for any project which is eligible for an apportionment
25 pursuant to this subparagraph, but which did not yet have a certif-
26 ication that a general construction contract had been awarded for such
27 project by the district on file with the commissioner as of May
28 fifteenth of the base year, such debt service or lease-purchase or other
29 annual payments under a lease-purchase agreement or an equivalent agree-
30 ment that would be incurred during the current year based on an assumed
31 amortization to be established by the commissioner pursuant to this
32 subparagraph of the approved project costs to be financed shall not be
33 current year approved expenditures for debt service, but shall be deemed
34 to be debt service on new bonds and capital notes aidable in July
35 following the current year pursuant to clause (b) of subparagraph one of
36 paragraph f of this subdivision.
37 § 4. Subparagraph 1 of paragraph a of subdivision 6-d of section 3602
38 of the education law, as amended by section 18 of part H of chapter 83
39 of the laws of 2002, is amended to read as follows:
40 (1) Moneys appropriated to the department for the extraordinary school
41 capital needs program for New York city shall be used in accordance with
42 the provisions of this subdivision. In addition to apportionments other-
43 wise provided by this section, for aid payable in the school years nine-
44 teen hundred ninety-eight--ninety-nine through [two thousand two--two
45 thousand three] two thousand four--two thousand five, the commissioner
46 may annually approve an application from the board of education of the
47 city school district of the city of New York for funds in an amount not
48 to exceed thirty-three million three hundred thirty thousand dollars,
49 and for aid payable in the [two thousand three--two thousand four] two
50 thousand five--two thousand six school year and thereafter, the commis-
51 sioner may approve an application from the board of education of the
52 city school district of the city of New York for funds in an amount not
53 to exceed fifty-three million three hundred twenty-eight thousand
54 dollars, to repair public instructional school facilities based on
55 priorities set by each community school district superintendent and, in
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1 the case of high schools and special education buildings, the chancel-
2 lor, in New York city.
3 § 5. Subparagraph 1 of paragraph b of subdivision 6-d of section 3602
4 of education law, as amended by section 18 of part H of chapter 83 of
5 the law of 2002, is amended to read follows:
6 (1) Moneys appropriated to the department for the extraordinary school
7 capital needs program for school districts outside of New York city
8 shall be used in accordance with the provisions of this subdivision. In
9 addition to apportionments otherwise provided by this section, for aid
10 payable in the school years nineteen hundred ninety-eight--ninety-nine
11 through [two thousand two--two thousand three] two thousand four--two
12 thousand five, the commissioner may annually approve an application from
13 each school district in the state, except for the city school district
14 of the city of New York, for an apportionment of aid for repair of
15 public instructional school facilities under this subdivision, the sum
16 of which shall not exceed sixteen million six hundred seventy thousand
17 dollars for any school year, and for aid payable in the school year [two
18 thousand three--two thousand four] two thousand five--two thousand six
19 and thereafter, the commissioner may approve an application from each
20 school district in the state, except for the city school district of the
21 city of New York, for an apportionment of aid for repair of public
22 instructional school facilities under this subdivision, the sum of which
23 shall not exceed twenty-six million six hundred seventy-two thousand
24 dollars. Notwithstanding any provision of this subdivision to the
25 contrary, the commissioner shall develop an expedited application proc-
26 ess for school districts with apportionments of aid for repair of less
27 than twenty-five thousand dollars.
28 § 6. Paragraph c of subdivision 6-d of section 3602 of the education
29 law, as amended by section 10 of part A2 of chapter 62 of the laws of
30 2003, is amended to read as follows:
31 c. In the event the appropriation for purposes of this subdivision in
32 any year is insufficient to pay all claims received pursuant to this
33 subdivision, the commissioner shall pay such claims on a prorated basis
34 among all districts filing such claims until the appropriation is
35 exhausted. For aid payable in the nineteen hundred ninety-eight--nine-
36 ty-nine through the [two thousand three--two thousand four] two thousand
37 four--two thousand five school years, the aid payable pursuant to this
38 subdivision shall not exceed fifty million dollars ($50,000,000), and
39 for the [two thousand four--two thousand five] two thousand five--two
40 thousand six school year and thereafter the aid payable pursuant to this
41 subdivision shall not exceed eighty million dollars ($80,000,000).
42 § 7. Paragraphs c and d of subdivision 7 of section 3602 of the educa-
43 tion law, paragraph c as amended by section 20 of part H of chapter 83
44 of the laws of 2002 and paragraph d as amended by section 41 of part C
45 of chapter 58 of the laws of 1998, are amended and a new paragraph e is
46 added to read as follows:
47 c. For the purposes of computing this apportionment for the two thou-
48 sand five--two thousand six school year and thereafter, approved trans-
49 portation capital, debt service, and lease expense shall be the [actual]
50 amount computed based upon an assumed amortization determined pursuant
51 to paragraph e of this subdivision for an expenditure incurred by a
52 school district and approved by the commissioner for those items of
53 transportation capital, debt service and lease expense allowable under
54 subdivision two of section thirty-six hundred twenty-three-a of this
55 article for: (i) the regular aidable transportation of pupils, as such
56 terms are defined in sections thirty-six hundred twenty-one and thirty-
A. 11692 5
1 six hundred twenty-two-a of this article, (ii) the transportation of
2 children with disabilities pursuant to article eighty-nine of this chap-
3 ter, and (iii) the transportation of homeless children pursuant to para-
4 graph c of subdivision four of section thirty-two hundred nine of this
5 chapter, provided that the total approved cost of such transportation
6 shall not exceed the amount of the total cost of the most cost-effective
7 mode of transportation. Approvable expenses for the purchase of school
8 buses shall be limited to the actual purchase price, or the expense as
9 if the bus were purchased under state contract, whichever is less. If
10 the commissioner determines that no comparable bus was available under
11 state contract at the time of purchase, the approvable expenses shall be
12 the actual purchase price or the state wide median price of such bus in
13 the most recent base year in which such median price was established
14 with an allowable year to year CPI increase as defined in subdivision
15 fourteen of section three hundred five of this chapter; whichever is
16 less. Such median shall be computed by the commissioner for the purposes
17 of this subdivision. Commencing with aid payable in the nineteen hundred
18 ninety-six--ninety-seven school year, no aid shall be payable in the
19 current year for costs incurred for the purchase or lease of a school
20 bus in the base year unless (i) such costs were budgeted by the school
21 district and so reported to the commissioner by November fifteenth of
22 the base year or (ii) such costs were incurred on an emergency basis to
23 replace a school bus that has been rendered unusable due to accident,
24 fire or other similar circumstance, and such emergency and the cost of
25 such replacement were reported to the commissioner within sixty days of
26 such replacement; provided, however, that nothing herein shall prohibit
27 the district from claiming aid for such purchase or lease of a school
28 bus in the year following the current school year as if such costs were
29 approved transportation expense incurred during the current year for the
30 purposes of paragraph a of this subdivision and to the extent that such
31 costs are identified to the commissioner by November first of the
32 current year.
33 d. In determining approved transportation operating expense for
34 district-owned transportation and approved transportation capital, debt
35 service and lease expense pursuant to paragraphs b [and], c and e of
36 this subdivision and part two of this article, the commissioner shall
37 make a deduction from the total transportation expense for the transpor-
38 tation of nonallowable pupils, and for that portion of the total annual
39 mileage of district-owned school buses that is not aidable because it is
40 not included in the total annual allowable mileage as defined in section
41 thirty-six hundred twenty-one of this article, provided that such calcu-
42 lations shall be made pursuant to regulations of the commissioner, and
43 further provided that such regulations shall provide for an exclusion of
44 pupil miles for transportation provided on a space-available basis to
45 pupils attending an approved universal prekindergarten program pursuant
46 to section thirty-six hundred two-e of this article that does not result
47 in additional transportation costs.
48 e. In determining approved transportation capital, debt service and
49 lease expense for aid payable in the two thousand five--two thousand six
50 school year and thereafter, the commissioner, after applying the
51 provisions of paragraph c of this subdivision to such expense, shall
52 establish an assumed amortization pursuant to this paragraph to deter-
53 mine the approved capital, debt service and lease expense of the school
54 district that is aidable in the current year, whether or not the school
55 district issues debt for such expenditures, subject to any deduction
56 pursuant to paragraph d of this subdivision. Such assumed amortization
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1 shall be for a period equal to the useful life of the school bus or
2 equipment up to seven years and shall commence twelve months after the
3 school district enters into a purchase contract, lease-purchase agree-
4 ment or lease of the school bus or equipment or a general contract for
5 the construction, reconstruction, lease or purchase of a transportation
6 storage facility or site in an amount less than ten thousand dollars;
7 except that where expenses were incurred for the purchase or lease of a
8 school bus or equipment or the construction, reconstruction, lease or
9 purchase of a transportation storage facility or site prior to July
10 first, two thousand five and debt service was still outstanding or the
11 lease was still in effect as of such date, the assumed amortization
12 shall commence as of July first, two thousand five and the period of the
13 amortization shall be for the remaining maximum useful life of the
14 school bus or equipment as of such date, as determined by the commis-
15 sioner, or the remaining term of the lease as of such date. Such assumed
16 amortization shall provide for equal semiannual payments of principal
17 and interest based on an assumed interest rate established by the
18 commissioner pursuant to this paragraph. By the first day of September
19 of the current year commencing with the two thousand four--two thousand
20 five school year, each school district shall provide to the commissioner
21 in a format prescribed by the commissioner a separate amortization sche-
22 dule for all amortized debt incurred by such school district during the
23 preceding school year for expenses allowable pursuant to subdivision two
24 of section thirty-six hundred twenty-three-a of this article. Based on
25 such reported amortizations and a methodology prescribed by the commis-
26 sioner in regulations, the commissioner shall compute an assumed inter-
27 est rate that shall equal the average of the interest rates applied to
28 all such debt issued during the preceding school year. The assumed
29 interest rate shall be tentatively established as the interest rate of
30 each such school district applicable to the current year for the
31 purposes of this paragraph and shall be expressed as a decimal to five
32 places rounded to the nearest eighth of one-one hundredth except that
33 all apportionments of aid payable during the current year based on such
34 assumed interest rate shall be recalculated in the following year and
35 adjusted as appropriate based on the appropriate assumed interest rate
36 then established pursuant to this paragraph.
37 § 8. Subdivision 12-b of section 3602 of the education law is amended
38 by adding a new paragraph c to read as follows:
39 c. Notwithstanding any other provision of law to the contrary, in lieu
40 of aid payable pursuant to paragraph d of subdivision fourteen and
41 subdivisions twelve, thirteen, sixteen, twenty, twenty-one, twenty-
42 three, twenty-six-a, thirty-two, thirty-eight and thirty-nine of this
43 section in the two thousand four--two thousand five school year and
44 thereafter, each school district shall be entitled to receive an amount
45 equal to the greater of the amounts computed pursuant to subparagraph
46 (i), (ii) or (iii) of this paragraph, provided, however, that for aid
47 payable in the two thousand four--two thousand five through the two
48 thousand seven--two thousand eight school years, no district shall be
49 eligible to receive an amount in excess of the product of the base year
50 equivalent amount and the adequacy adjustment index to be adjusted annu-
51 ally and pursuant to an appropriation.
52 (i) Computation of formula operating aid. The apportionment to any
53 school district hereunder shall be computed by multiplying the needs-ad-
54 justed formula operating aid ceiling by the comprehensive operating aid
55 sharing ratio with the product multiplied by the district's total aida-
56 ble pupil count.
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1 (ii) Computation of alternate operating aid. The apportionment for
2 alternate operating aid shall be equal to the product of five hundred
3 dollars and the district's total aidable pupil count.
4 (iii) The sum of the base year equivalent amount and the quotient of
5 the sum of the aids payable pursuant to this subdivision, paragraph e of
6 subdivision twelve, paragraph d of subdivision fourteen, and subdivi-
7 sions thirteen, twenty-one, thirty-two and thirty-nine of this section
8 in the two thousand three-two thousand four school year, divided by one
9 hundred.
10 (iv) Computation of total aidable pupil count and total wealth pupil
11 count. (A) "Average daily membership" shall mean the possible aggregate
12 attendance of all pupils in attendance in the school district, including
13 possible aggregate attendance for such pupils receiving homebound
14 instruction for all or part of the school year including pupils receiv-
15 ing instruction through a two-way telephone communication system for all
16 or part of the school year, with the possible aggregate attendance of
17 such pupils in one-half day kindergartens multiplied by one-half,
18 divided by the number of days the district school was in session as
19 provided in this section. The full time equivalent enrollment of pupils
20 with disabilities attending under the provisions of paragraph c of
21 subdivision two of section forty-four hundred one of this chapter shall
22 be added to average daily membership. Equivalent attendance shall mean
23 the quotient of the total number of student hours of instruction in
24 programs in a public school of a school district or a board of cooper-
25 ative educational services leading to a high school diploma or a high
26 school equivalency diploma as defined in regulations of the commissioner
27 for pupils under the age of twenty-one not on a regular day school
28 register of the district, divided by one thousand. Average daily
29 membership shall include the equivalent attendance of the school
30 district. For the purposes of secondary school weighting, such equiv-
31 alent attendance shall be considered as average daily membership in
32 grades seven through twelve. In any instance where a pupil is a resident
33 of another state or an Indian pupil is a resident of any portion of a
34 reservation located wholly or partly within the borders of the state
35 pursuant to subdivision four of section forty-one hundred one of this
36 chapter or a pupil is living on federally owned land or property, such
37 pupil's possible aggregate attendance shall be counted as part of the
38 possible aggregate attendance of the school district in which such pupil
39 is enrolled.
40 (B) Computation of total aidable pupil counts for operating aid paya-
41 ble in the two thousand four--two thousand five school year and there-
42 after. A district's total aidable pupil count for the purpose of
43 computing operating aid shall be the greater of:
44 (1) the sum of (a) the product of the district's average daily member-
45 ship computed pursuant to this section for the year prior to the base
46 year and the enrollment index computed pursuant to this section for the
47 base year plus (b) the product of twenty-five per centum, the average
48 daily membership in grades seven through twelve for the year prior to
49 the base year, excluding the full time equivalent enrollment of pupils
50 who receive a weighting for handicapping conditions except for those
51 pupils, if any, for whom a weighting of thirteen-hundredths is provided
52 in clause four of subparagraph b of paragraph one of subdivision nine-
53 teen of this section, and the enrollment index computed pursuant to this
54 section for the base year, (c) the product of the average daily member-
55 ship of summer session pupils and twelve percent and (d) the product,
56 computed to the nearest whole number without rounding, of twenty-five
A. 11692 8
1 percent and the product, computed to the nearest whole number without
2 rounding, of the percentage of pupils with special educational needs
3 calculated pursuant to paragraph e of subdivision one of this section
4 and the district's average daily membership, or
5 (2) the average of the total aidable pupil counts computed pursuant to
6 subclause one of this clause for the current year and the base year.
7 (C) Computation of total wealth pupil counts for operating aid payable
8 in the two thousand four--two thousand five school year and thereafter.
9 A district's total wealth pupil count for the purpose of computing oper-
10 ating aid shall be the sum of (1) the average daily membership for the
11 year prior to the base year as computed in this section, (2) the full-
12 time equivalent enrollment of resident pupils attending public school
13 elsewhere, less the full-time equivalent enrollment of nonresident
14 pupils, (3) the full-time equivalent enrollment of resident pupils
15 attending full-time in board of cooperative educational services (not
16 otherwise specifically included), (4) the product of twenty-five per
17 centum, the average daily membership in grades seven through twelve for
18 the year prior to the base year, excluding the full-time equivalent
19 enrollment of pupils who receive a weighting for handicapping conditions
20 except for those pupils, if any, for whom a weighting of thirteen-hun-
21 dredths is provided in clause four of subparagraph b of paragraph one of
22 subdivision nineteen of this section, and the enrollment index computed
23 pursuant to this section for the base year, (5) the product, computed to
24 the nearest whole number without rounding, of twenty-five percent and
25 the product, computed to the nearest whole number without rounding, of
26 the percentage of pupils with special educational needs calculated
27 pursuant to paragraph e of subdivision one of this section and the aver-
28 age daily membership of resident pupils of the district for the year
29 prior to the base year, and (6) the weighted full-time equivalent
30 enrollment of resident pupils with handicapping conditions. Native Amer-
31 ican pupils of a reservation attending public school, or pupils living
32 on the United States military reservation at West Point attending public
33 school, shall be deemed to be resident pupils of the district providing
34 such school, for purposes of this paragraph. Where a school district
35 has entered into a contract with state university pursuant to subdivi-
36 sion two of section three hundred fifty-five of this chapter under which
37 the school district makes payment in the nature of tuition for the
38 education of certain children residing in the district, such children
39 for whom such tuition payments are made shall be deemed to be resident
40 pupils of such district for the purposes of this paragraph.
41 (1) In determining the total wealth pupil counts for operating aid of
42 a component school district of a central high school district for
43 computing aid ratios the total wealth pupil counts for operating aid of
44 high school pupils residing in such component district and attending the
45 central high school shall be included. The total wealth pupil counts for
46 operating aid of a central high school district itself shall be the sum
47 of the total wealth pupil counts for operating aid of each component
48 school district.
49 (2) Notwithstanding the foregoing provisions of this subdivision, when
50 a school district shall experience an increase in total wealth pupil
51 counts for operating aid during the current year because of the closing
52 in whole, or in part, of a nonpublic school or a campus school, or a
53 school previously operated by the United States government on the United
54 States military reservation at West Point, the commissioner, in comput-
55 ing any aid ratio of such district, shall permit the use of such addi-
56 tional total wealth pupil counts for operating aid during the current
A. 11692 9
1 year and the next succeeding year, provided that such additional total
2 wealth pupil counts for operating aid attributable to such closing, or
3 part thereof, shall be in excess of one hundred students; provided,
4 however, that such district which qualifies for an increase in resident
5 weighted average daily attendance pursuant to paragraph g of subdivision
6 two of this section, shall use the increase in total wealth pupil counts
7 for operating aid, even if such increase in total wealth pupil counts
8 for operating aid is less than one hundred.
9 (v) Computation of aid ratios. (A) For the purposes of this paragraph,
10 "selected valuation" shall mean the lesser (1) of the actual valuation
11 as defined pursuant to paragraph c of subdivision one of this section
12 for the current year or (2) the average of such actual valuations for
13 the current year and the base year.
14 (B) "Property wealth index" shall mean the number computed to three
15 decimals without rounding obtained when the selected valuation of a
16 school district divided by the total wealth pupil count is divided by
17 the statewide average selected valuation per total wealth pupil count as
18 computed by the commissioner in accordance with the provisions of this
19 section. Such statewide average selected valuation per total wealth
20 pupil count shall be established each year by the commissioner in the
21 same time and in the same manner as the statewide average actual valu-
22 ation per total wealth pupil unit established pursuant to paragraph i of
23 subdivision one of this section. Such statewide average shall be trans-
24 mitted to the school districts. Such statewide average shall be rounded
25 to the nearest hundredth and shall include the selected valuation and
26 total wealth pupil counts of all school districts eligible for aid
27 pursuant to this section except central high school districts. For the
28 purposes of calculating such statewide average the data for the city
29 school district of the city of New York shall be citywide data.
30 (C) "Income wealth index" shall mean the number computed to three
31 decimals without rounding obtained when the adjusted gross income of a
32 school district for the calendar year two years prior to the calendar
33 year in which the base year began divided by the total wealth pupil
34 count of such district is divided by the statewide adjusted gross income
35 per total wealth pupil count. Such statewide average gross income per
36 pupil shall be established each year by the commissioner and shall be
37 transmitted to school districts. For the purposes of this paragraph, the
38 income data shall be the income data computed in accordance with para-
39 graph k of subdivision one of this section. Such statewide average shall
40 be rounded to the nearest hundredth and shall include the adjusted gross
41 income and total wealth pupil counts of all school districts eligible
42 for aid pursuant to this section except central high school districts.
43 For the purposes of calculating such statewide average the data for the
44 city school district of the city of New York shall be citywide data.
45 (D) "Fiscal capacity index" shall mean the number computed to three
46 decimals without rounding obtained when fifty per centum of the property
47 wealth index is added to fifty per centum of the income wealth index.
48 (E) "Comprehensive operating aid sharing ratio" shall be the higher
49 of:
50 (1) a value computed by subtracting from one and thirty-seven
51 hundredths the product obtained by multiplying the fiscal capacity index
52 by one and twenty-three hundredths; or
53 (2) a value computed by subtracting from one the product obtained by
54 multiplying the fiscal capacity index by sixty-four hundredths; or
A. 11692 10
1 (3) a value computed by subtracting from eighty hundredths the product
2 obtained by multiplying the fiscal capacity index by thirty-nine
3 hundredths; or
4 (4) a value computed by subtracting from fifty-one hundredths the
5 product obtained by multiplying the fiscal capacity index by twenty-two
6 hundredths.
7 Such results shall be expressed as a decimal carried to three places
8 without rounding, but shall not be greater than ninety hundredths nor
9 less than zero.
10 (vi) Computation of pupil needs index. The pupil needs index shall
11 equal the sum of (A) the percent of eligible applicants for the free and
12 reduced price lunch program as computed pursuant to paragraph p of
13 subdivision one of this section, (B) the quotient of the positive
14 remainder of twenty-five minus the enrollment per square mile divided by
15 fifty-eight as computed pursuant to subparagraph (ii) of paragraph r of
16 subdivision one of this section, and (C) eight tenths. For the purposes
17 of calculating such index the data for the city school district of the
18 city of New York shall be citywide data.
19 (vii) Computation of the needs-adjusted formula operating aid ceiling.
20 The needs-adjusted formula aid ceiling shall equal the product of (A)
21 the product of the regional cost index computed pursuant to paragraph bb
22 of subdivision one of this section multiplied by the pupil needs index,
23 expressed as a decimal carried to three places without rounding, multi-
24 plied by (B) four thousand five hundred four dollars, expressed as a
25 decimal carried to two places without rounding.
26 (viii) "base year equivalent amount" for the two thousand four--two
27 thousand five school year shall mean the sum of the aids payable pursu-
28 ant to this subdivision, paragraph e of subdivision twelve, paragraph d
29 of subdivision fourteen, and subdivisions thirteen, twenty-one, thirty-
30 two and thirty-nine of this section in the two thousand three--two thou-
31 sand four school year, and for the two thousand five--two thousand six
32 school year and thereafter shall mean the aid payable pursuant to this
33 subdivision in the base year.
34 (ix) "adequacy adjustment index" for the two thousand four--two thou-
35 sand five school year shall mean the sum of one and the lesser of
36 fifteen percent or the product, computed to four decimal places without
37 rounding, of four and one-half percent and the quotient, computed to
38 four decimal places without rounding but not less than one, of the
39 percent of eligible applicants for the free and reduced price lunch
40 program computed pursuant to paragraph p of subdivision one of this
41 section, divided by twenty-four percent.
42 § 9. Clause (vi) of subparagraph 1 of paragraph c of subdivision 14
43 of section 3602 of the education law, as amended by section 30 of part H
44 of chapter 83 of the laws of 2002, is amended to read as follows:
45 (vi) where such proposed reorganization includes at least two school
46 districts employing eight or more teachers forming a central high school
47 district pursuant to section nineteen hundred thirteen of this chapter,
48 beginning with July first, nineteen hundred sixty-five or the first
49 school year of operation as a reorganized district after such date, such
50 reorganized school district shall be entitled to an additional appor-
51 tionment of twenty-five per centum of the sum of: (A) its apportionment
52 as provided in subdivision six of this section whenever such apportion-
53 ment is computed on the basis of its approved base year expenditures for
54 capital outlay from its general, capital, or a reserve fund incurred
55 prior to July first, two thousand one, or on the basis of its approved
56 base year expenditures for capital outlay from its general, capital or a
A. 11692 11
1 reserve fund incurred in the two thousand one--two thousand two school
2 year and computed pursuant to subdivision six of this section as if such
3 expenditures were aidable under such subdivision, and current year
4 approved expenditures for debt service for school building purposes and
5 (B) its apportionment as provided in subdivision six of this section,
6 the general contracts for which shall have been awarded on or after the
7 date this act takes effect and prior to July first, two thousand [four]
8 six or within ten years from the effective date of reorganization,
9 whichever is later as provided in subdivision six of this section, and
10 which said sum shall be payable for and during the terms of any indebt-
11 edness created for the purpose of financing such construction or other
12 facility as aforesaid, provided however, that in no event may the total
13 apportionment under this paragraph, under subdivision twelve of section
14 thirty-six hundred forty-one of this article, and under subdivisions six
15 and six-f of this section for any project exceed ninety-five per cent of
16 the sum of the base year approved expenditures for capital outlay for
17 school building purposes from the general fund, capital fund or from a
18 reserve fund, and current year approved expenditures for debt service
19 for such purposes for such project.
20 § 10. Paragraph a of subdivision 15 of section 3602 of the education
21 law, as added by chapter 57 of the laws of 1993, is amended to read as
22 follows:
23 a. For the purposes of paragraphs b and c of subdivision twelve of
24 this section, the city school district of the city of New York may use
25 either the total aidable pupil units or the total wealth pupil units of
26 such city school district computed in accordance with the provisions of
27 this section or as though each such borough were a separate city school
28 district, and for the purposes of paragraph c of subdivision twelve-b of
29 this section, the city school district of the city of New York may use
30 either the total aidable pupil counts or the total wealth pupil counts
31 of such city school district computed in accordance with the provisions
32 of this section or as though each such borough were a separate city
33 school district. All pupils attending schools in a borough shall be
34 deemed to reside in such borough.
35 § 11. Paragraph d of subdivision 15 of section 3602 of the education
36 law, as amended by section 16 of part A2 of chapter 62 of the laws of
37 2003, is amended to read as follows:
38 d. Notwithstanding any inconsistent provisions of this article, if
39 such city school district elected to receive operating aid payable in
40 the two thousand--two thousand one school year under the provisions of
41 this subdivision, approved transportation expense for public service
42 transportation for transportation aid payable in the [two thousand
43 three--two thousand four] two thousand four--two thousand five school
44 year shall not include any expenditures to the New York City Metropol-
45 itan Transportation Authority for public service transportation during
46 the [two thousand two--two thousand three] two thousand three--two thou-
47 sand four school year nor shall such expense be included in approved
48 operating expense.
49 § 12. Clause 1 of subparagraph b of paragraph 1 of subdivision 19 of
50 section 3602 of the education law, as amended by section 16 of part A of
51 chapter 60 of the laws of 2000, subclauses (ii) and (iii) as amended by
52 section 33 of part H of chapter 83 of the laws of 2002, is amended to
53 read as follows:
54 (1) The attendance of pupils who have been determined by a committee
55 on special education either to require placement for sixty per centum or
56 more of the school day in a special class, or to require home or hospi-
A. 11692 12
1 tal instruction for a period of more than sixty days, or to require
2 special services or programs for more than sixty per centum of the
3 school day shall be multiplied by a special services weighting. The
4 special services weighting shall be one and seven-tenths, provided,
5 however, that solely for the purposes of calculation of an apportionment
6 pursuant to this subdivision, such special services weighting shall be:
7 (i) for aid payable in the nineteen hundred ninety-nine--two thousand
8 and two thousand--two thousand one school years, one and seven-tenths;
9 (ii) for aid payable in the two thousand one--two thousand two and two
10 thousand two--two thousand three school years, one and sixty-eight
11 hundredths;
12 (iii) for aid payable in the two thousand three--two thousand four and
13 two thousand four--two thousand five school [year] years, one and
14 sixty-five hundredths;
15 § 13. Paragraph a of subdivision 22 of section 3602 of the education
16 law, as amended by section 18 of part A2 of chapter 62 of the laws of
17 2003, is amended to read as follows:
18 a. In addition to any other aid payable under the provisions of this
19 section a school district shall be eligible to receive aid for conduct-
20 ing programs for pupils with limited English proficiency approved by the
21 commissioner pursuant to the provisions of this chapter and in accord-
22 ance with regulations adopted for such purpose. Such aid per pupil shall
23 be computed by multiplying two hundred [thirty] twenty thousandths by
24 the [result obtained when] greater of formula operating aid calculated
25 for aid payable in the current year pursuant to subparagraph (i) of
26 paragraph [b or] c of subdivision [twelve] twelve-b of this section or
27 alternate operating aid calculated for aid payable in the current year
28 pursuant to subparagraph (ii) of such paragraph c is divided by the
29 total aidable pupil [units] counts used to compute such aid[, provided
30 that for aid payable in the two thousand three--two thousand four school
31 year, such aid per pupil shall be computed by multiplying two hundred
32 thirty thousandths by the result obtained when operating aid which would
33 have been payable in the current year pursuant to paragraph b or c of
34 subdivision twelve of this section if aid were payable pursuant to such
35 paragraphs in the current year is divided by the total aidable pupil
36 units which would have been used to compute such aid]. Such aid per
37 pupil will be multiplied by the number of pupils participating in such
38 program in the base year provided by the district either directly or by
39 contract pursuant to section nineteen hundred fifty of this chapter,
40 computed in accordance with such regulations.
41 § 14. Paragraphs a-1 and e of subdivision 24 of section 3602 of the
42 education law, paragraph a-1 as added by section 23 of part A of chapter
43 60 of the laws of 2000 and paragraph e as amended by section 19 of part
44 A2 of chapter 62 of the laws of 2003, are amended to read as follows:
45 a-1. Notwithstanding the provisions of paragraph a of this subdivi-
46 sion, for aid payable in the school years two thousand--two thousand one
47 through [two thousand three--two thousand four] two thousand four--two
48 thousand five, the commissioner may set aside an amount not to exceed
49 two million five hundred thousand dollars from the funds appropriated
50 for purposes of this subdivision for the purpose of serving persons
51 twenty-one years of age or older who have not been enrolled in any
52 school for the preceding school year, including persons who have
53 received a high school diploma or high school equivalency diploma but
54 fail to demonstrate basic educational competencies as defined in regu-
55 lation by the commissioner, when measured by accepted standardized
A. 11692 13
1 tests, and who shall be eligible to attend employment preparation educa-
2 tion programs operated pursuant to this subdivision.
3 e. Employment preparation education apportionment. In addition to any
4 other aid payable under this section, the apportionment pursuant to this
5 subdivision shall be the product obtained when the employment prepara-
6 tion education hours are multiplied by the aid per contact hour which
7 shall equal the product of the employment preparation program aid ceil-
8 ing and the employment preparation education aid ratio computed to two
9 decimals, rounded, as calculated based on data on file with the commis-
10 sioner on May fifteenth of the base year. Notwithstanding the provisions
11 of section thirty-six hundred nine-a of this article, the payment of
12 such apportionment shall be based upon reports required by the commis-
13 sioner for the periods ending December thirty-first, and June thirtieth
14 of each school year; payments for the first reporting period shall be
15 made after April first, based on claims on file by March first, provided
16 that the total of all such payments shall not exceed twenty-five percent
17 of the amount for such school year, with the approved amount of such
18 claims reduced on a pro rata basis if necessary; the remainder of any
19 payments due for the first period plus any payments due for the rest of
20 the school year shall be paid after October first, based on claims on
21 file by September fifteenth, provided that the total of such payments
22 shall not exceed the total amount of ninety-six million one hundred
23 eighty thousand dollars ($96,180,000) for such school year, with the
24 approved amount of such claims reduced on a pro rata basis if necessary,
25 provided, however, that for the nineteen hundred ninety-five--ninety-six
26 school year such total amount shall not exceed ninety-four million one
27 hundred eighty thousand dollars ($94,180,000), and provided further that
28 (i) for the two thousand three--two thousand four school year such total
29 amount shall not exceed eighty-four million dollars ($84,000,000) and
30 (ii) for the two thousand four--two thousand five school year such total
31 amount shall not exceed ninety million dollars ($90,000,000), and
32 further provided that the total of such payment for services provided to
33 persons who received a high school diploma or a high school equivalency
34 diploma recognized by New York state shall not exceed the total amount
35 set aside for such purpose pursuant to paragraph a-one of this subdivi-
36 sion in any such school year, with the approved amount of such claims
37 reduced on a pro rata basis if necessary; and aid paid pursuant to this
38 paragraph shall not be included in the computation of the district
39 expenditure need as defined in such section thirty-six hundred nine-a of
40 this article. The employment preparation education apportionment for the
41 city school district of the city of New York shall be computed only for
42 the city as a whole.
43 § 15. Paragraph g of subdivision 31-a of section 3602 of the education
44 law, as amended by section 20 of part A2 of chapter 62 of the laws of
45 2003, is amended to read as follows:
46 g. Notwithstanding any inconsistent provisions of this subdivision, in
47 a school year in which the maximum increase in the aids subject to tran-
48 sition pursuant to subdivision eighteen of this section is equal to zero
49 and for aid payable in the nineteen hundred ninety-six--ninety-seven
50 school year, the number of years on save harmless shall not increase and
51 aid payable in the current year shall equal aid payable in the base
52 year. Notwithstanding the provisions of this section or of section thir-
53 ty-four of part B of chapter one hundred forty-nine of the laws of two
54 thousand one, for aid payable during the [two thousand three--two thou-
55 sand four] two thousand four--two thousand five school year, aid payable
A. 11692 14
1 pursuant to this section shall equal that payable pursuant to this
2 section in the base year.
3 § 16. Subparagraph 2 of paragraph b of subdivision 36 of section 3602
4 of the education law, as amended by section 21 of part A2 of chapter 62
5 of the laws of 2003, is amended to read as follows:
6 (2) "Increase in aid" shall mean the positive remainder resulting when
7 the comprehensive operating aids base is subtracted from the current
8 year aid for limiting as defined in subparagraph one of paragraph a of
9 subdivision eighteen of this section, provided, however, that for the
10 purposes of calculating an apportionment pursuant to this subdivision
11 for the two thousand three--two thousand four and two thousand four--two
12 thousand five school [year] years, "increase in aid" shall mean the
13 positive remainder resulting when an amount equal to the districts'
14 comprehensive operating aids base as if such comprehensive operating
15 aids base had been calculated for such year pursuant to paragraph j of
16 subdivision one of this section is subtracted from the current year aid
17 for limiting as defined in subparagraph one of paragraph a of subdivi-
18 sion eighteen of this section.
19 § 17. Paragraph 1 of subdivision 37 of section 3602 of the education
20 law, as amended by section 22 of part A2 of chapter 62 of the laws of
21 2003, is amended to read as follows:
22 l. Notwithstanding the provisions of paragraphs c, f and g of this
23 subdivision, in the two thousand two--two thousand three [and], two
24 thousand three--two thousand four and two thousand four--two thousand
25 five school years, each school district shall be eligible to receive the
26 amount such district was eligible for pursuant to this section in the
27 two thousand--two thousand one school year.
28 § 18. Subdivision 17 of section 3602-e of the education law, as
29 amended by section 25 of part A2 of chapter 62 of the laws of 2003, is
30 amended to read as follows:
31 17. Notwithstanding the provisions of this section, for aid payable in
32 the two thousand two--two thousand three [and], two thousand three--two
33 thousand four and two thousand four--two thousand five school years,
34 each school district shall be eligible to receive a grant award in an
35 amount not to exceed the maximum prekindergarten grant award which shall
36 be the sum of (i) the amount set forth for such school district for the
37 two thousand one--two thousand two school year on the computer listing
38 produced by the commissioner in support of the executive budget request
39 for such year and entitled "BT032-1" under the heading, "PREKINDERGAR-
40 TEN", plus (ii) for those districts that were eligible to receive a
41 supplemental grant award for the purposes of this section pursuant to
42 part B of chapter [149] one hundred forty-nine of the laws of [2001] two
43 thousand one, an amount equal to the positive difference between the
44 amount the school district was eligible to receive based on data on file
45 with the commissioner on February fifteenth, two thousand and the amount
46 set forth for the purposes of grants pursuant to this section for such
47 school district for the two thousand one--two thousand two school year
48 in such computer listing entitled "BT032-1". Provided, however, that a
49 school district receiving aid under this section shall be required to
50 comply with all district plans and other requirements under this section
51 for the receipt of funds.
52 § 19. The opening paragraph of section 3609-a of the education law, as
53 amended by section 26 of part A2 of chapter 62 of the laws of 2003, is
54 amended to read as follows:
55 For aid payable in the nineteen hundred ninety-six--ninety-seven
56 school year and thereafter, "moneys apportioned" shall mean the lesser
A. 11692 15
1 of (i) the sum of one hundred percent of the respective amount set forth
2 for each school district as payable pursuant to this section in the
3 school aid computer listing for the current year produced by the commis-
4 sioner in support of the budget which includes the appropriation for the
5 general support for public schools for the prescribed payments and indi-
6 vidualized payments due prior to April first for the current year plus
7 any increase in the amount of the apportionment of aid for instructional
8 computer technology expenses above such amount as set forth in such
9 school aid computer listing as payable pursuant to this section and as
10 computed pursuant to subdivision twenty-six-a of section thirty-six
11 hundred two of this article and plus the miscellaneous general aid
12 apportionments which shall include: apportionments payable during the
13 current school year pursuant to paragraph g of subdivision two, subdivi-
14 sion five and subdivision thirty-six of section thirty-six hundred two
15 of this article minus any reductions to current year aids pursuant to
16 subdivision seven of section thirty-six hundred four of this article or
17 any deduction from apportionment payable pursuant to this chapter for
18 collection of a school district basic contribution as defined in subdi-
19 vision eight of section forty-four hundred one of this chapter, less any
20 grants provided pursuant to subdivision twelve of section thirty-six
21 hundred forty-one of this article, or (ii) the apportionment calculated
22 by the commissioner based on data on file at the time the payment is
23 processed provided however, that for the purposes of any payments made
24 pursuant to this section prior to the first business day of June of the
25 current year, moneys apportioned shall not include any aids payable
26 pursuant to subdivisions six and fourteen, if applicable, of section
27 thirty-six hundred two of this article as current year aid for debt
28 service on bond anticipation notes and/or bonds first issued in the
29 current year or any aids payable as growth aid for the current year
30 pursuant to subdivision thirteen of section thirty-six hundred two of
31 this article or any aids payable for full-day kindergarten for the
32 current year pursuant to subdivision twelve-a of section thirty-six
33 hundred two of this article. The definitions of "base year" and "current
34 year" as set forth in subdivision one of section thirty-six hundred two
35 of this article shall apply to this section. For aid payable in the [two
36 thousand three--two thousand four] two thousand four--two thousand five
37 school year, reference to such "school aid computer listing for the
38 current year" shall mean the printouts [entitled "SA0304"] first
39 produced pursuant to paragraphs b and c of subdivision twenty-one of
40 section three hundred five of this chapter following the effective date
41 of the chapter of the laws of two thousand four which amended this para-
42 graph.
43 § 20. Paragraph b of subdivision 2 of section 3612 of the education
44 law, as amended by section 1 of part K of chapter 63 of the laws of
45 2003, is amended to read as follows:
46 b. Such grants shall be awarded to school districts, within the limits
47 of funds appropriated therefor, through a competitive process that takes
48 into consideration the magnitude of any shortage of teachers in the
49 school district, the number of teachers employed in the school district
50 who hold temporary licenses to teach in the public schools of the state,
51 the number of provisionally certified teachers, the fiscal capacity and
52 geographic sparsity of the district, the number of new teachers the
53 school district intends to hire in the coming school year and the number
54 of summer in the city student internships proposed by an eligible school
55 district, if applicable. Grants provided pursuant to this section shall
56 be used only for the purposes enumerated in this section. Notwithstand-
A. 11692 16
1 ing any other provision of law to the contrary, a city school district
2 in a city having a population of one million or more inhabitants receiv-
3 ing a grant pursuant to this section may use no more than seventy
4 percent of such grant funds for any recruitment, retention and certif-
5 ication costs associated with transitional certification of teacher
6 candidates for the school years two thousand one--two thousand two, two
7 thousand two--two thousand three [and], two thousand three--two thousand
8 four and two thousand four--two thousand five.
9 § 21. Paragraph a of subdivision 5 of section 3641 of the education
10 law, as amended by section 28 of part A2 of chapter 62 of the laws of
11 2003, is amended to read as follows:
12 a. In addition to apportionments otherwise provided by section thir-
13 ty-six hundred two of this article, for aid payable in the school year
14 [two thousand three--two thousand four] two thousand four--two thousand
15 five, the amounts specified in paragraph b of this subdivision shall be
16 paid for the purposes of the development, maintenance or expansion of
17 magnet schools and magnet school programs provided, however that any
18 school district in a city of one million or more inhabitants which an
19 additional apportionment is provided in the [two thousand three--two
20 thousand four] two thousand four--two thousand five school year which
21 spends less in local funds during the current year than in the base year
22 for magnet schools or magnet school programs shall have its apportion-
23 ment reduced in an amount equal to such deficiency in the current year
24 or in the succeeding school year. It is provided further that no appor-
25 tionment provided pursuant to this section shall be used for any costs
26 associated with the administration of this program by the [board]
27 department of education of the city of New York.
28 § 22. Paragraph a of subdivision 6 of section 3641 of the education
29 law, as amended by section 29 of part A2 of chapter 62 of the laws of
30 2003, is amended to read as follows:
31 a. In addition to apportionments otherwise provided by section thir-
32 ty-six hundred two of this article, for aid payable in the [two thousand
33 three--two thousand four] two thousand four--two thousand five school
34 year the amounts specified in paragraph b of this subdivision shall be
35 paid for the purpose of improving reading and academic performance.
36 § 23. Paragraph a of subdivision 7 of section 3641 of the education
37 law, as amended by section 30 of part A2 of chapter 62 of the laws of
38 2003, is amended to read as follows:
39 a. In addition to apportionments otherwise provided by section thir-
40 ty-six hundred two of this article, for aid payable in the [two thousand
41 three--two thousand four] two thousand four--two thousand five school
42 year the amounts specified in paragraph b of this subdivision shall be
43 paid for programs for improving pupil performance pursuant to regu-
44 lations of the commissioner.
45 § 24. Section 3641 of the education law is amended by adding a new
46 subdivision 13 to read as follows:
47 13. Transportation capital expense transition grants. a. The
48 commissioner shall, upon application therefor, certify to the authorized
49 issuer established pursuant to subdivision (b) of section twenty-eight
50 of the chapter of the laws of two thousand four which added this subdi-
51 vision the amounts to be awarded as grants to school districts in the
52 two thousand four--two thousand five state fiscal year for reimbursement
53 of approved expenses for transportation capital, debt service and leases
54 for the two thousand three--two thousand four school year, as calculated
55 pursuant to subdivision seven of section thirty-six hundred two of this
56 article and this subdivision.
A. 11692 17
1 b. School districts which would have been eligible for an apportion-
2 ment for base year approved expenses for transportation capital, debt
3 service and leases, as defined in subdivision two of section thirty-six
4 hundred twenty-three-a of this article, pursuant to subdivision seven of
5 section thirty-six hundred two of this article in the two thousand four-
6 -two thousand five school year under the provisions of such subdivision
7 seven in effect in the two thousand three--two thousand four school year
8 shall be eligible to apply for a grant pursuant to this paragraph in
9 lieu of an apportionment of aid for such approved expenses pursuant to
10 subdivision seven of section thirty-six hundred two of this article.
11 Application for such grant shall be made on or before the first business
12 day of September, two thousand four in such form as the commissioner
13 shall determine, and shall include documentation of actual approved
14 transportation capital, debt service and/or lease expense incurred in
15 the two thousand three--two thousand four school year or that would
16 otherwise have been eligible for an apportionment in the two thousand
17 four--two thousand five school year pursuant to subdivision seven of
18 section thirty-six hundred two of this article as it existed in the two
19 thousand three--two thousand four school year.
20 c. Upon approval of such application by the commissioner, the
21 district shall be eligible for a grant in an amount equal to the appor-
22 tionment computed pursuant to subdivision seven of section thirty-six
23 hundred two of this article on its approved expenses for transportation
24 capital, debt service and leases, as if such expenses continued to be
25 aidable under such subdivision seven, based on data on file with the
26 commissioner as of September first, two thousand four.
27 d. Notwithstanding any other provisions of law to the contrary, the
28 amounts payable pursuant to this paragraph shall be certified by the
29 commissioner in accordance with section twenty-four of the chapter of
30 the laws of two thousand four which added this subdivision and shall be
31 paid to school districts by the authorized issuer established pursuant
32 to subdivision (b) of section twenty-eight of the chapter of the laws of
33 two thousand four which added this subdivision from the proceeds of
34 bonds and notes issued pursuant to such section twenty-eight. Such
35 payment shall fulfill any obligation of the state or the commissioner to
36 apportion funds pursuant to this paragraph or subdivision seven of
37 section thirty-six hundred two of this article for approved expenses for
38 transportation capital, debt service or leases, and whenever a school
39 district has been apportioned more money pursuant to this paragraph than
40 that to which it is entitled, the commissioner may deduct such amount
41 from the next apportionment to be made to such school district.
42 § 25. Section 3641 of the education law is amended by adding a new
43 subdivision 14 to read as follows:
44 14. Building aid for a sound education (BASE). a. Establishment of
45 BASE program. There is hereby established the building aid for a sound
46 education (BASE) program to provide project financing or assistance in
47 the form of grants to eligible school districts, in addition to the
48 apportionments made pursuant to subdivisions six, six-a, six-b, six-c,
49 six-d, six-e, six-f and paragraph c of subdivision fourteen of section
50 thirty-six hundred two of this article, and subdivisions ten and twelve
51 of this section, for the costs of BASE school facility projects. An
52 apportionment for any such project shall initially be available in the
53 state fiscal year commencing April first, two thousand four. Notwith-
54 standing any provision of law to the contrary, the dormitory authority
55 of the state of New York shall be authorized to issue bonds or notes in
56 an aggregate amount not to exceed two billion two hundred million two
A. 11692 18
1 hundred sixty-three thousand one hundred two dollars for purposes of the
2 BASE program.
3 b. Definitions. The following terms, whenever used or referred to in
4 this subdivision, unless the context indicates otherwise, shall have the
5 following meanings:
6 (1) "BASE project". A BASE project shall include, but not be limited
7 to, the acquisition, design, planning, construction, reconstruction,
8 rehabilitation, preservation, development, improvement or modernization
9 of a BASE school facility, where such project is a construction project
10 that has been reviewed by the department and approved by the commission-
11 er pursuant to this subdivision on or after July first, two thousand
12 four and falls within one or more of the following categories:
13 (i) An education technology project which, as a primary purpose,
14 enhances the use of technology including but not limited to, instruc-
15 tional content with video streaming, electrical upgrades, wiring, cabl-
16 ing installations, internet connections, fiber optics, conduits, race-
17 ways, telecommunication systems, electronic commerce and wireless
18 options;
19 (ii) A health and safety project which, as a primary purpose,
20 addresses the reduction or elimination of the risk of personal injury or
21 harm to occupants of public school buildings used primarily for instruc-
22 tion, including but not limited to environmental remediation, the eradi-
23 cation of fire and health code violations, the provisions of adequate
24 ventilation, and the rehabilitation and repair of existing facilities;
25 (iii) An accessibility project which, as a primary purpose, enhances
26 accessibility to public school buildings used primarily for instruction
27 for individuals with disabilities; and
28 (iv) A physical capacity expansion project or eligible school
29 construction project which, as a primary purpose, expands the availabil-
30 ity of adequate and appropriate instructional space in a public school
31 building used primarily for instruction, including but not limited to
32 expansions which provide for reduced class size.
33 (2) "BASE school facility". A BASE school facility shall mean an
34 existing or proposed facility or other property real and personal, and
35 other appurtenances thereto to be utilized by a school district for
36 education purposes.
37 (3) "Eligible project cost". Eligible project costs, for purposes of
38 the BASE program shall mean any expenditures for projects that are
39 eligible for an apportionment pursuant to subdivisions six, six-a, six-b
40 and/or paragraph c of subdivision fourteen of section thirty-six hundred
41 two of this article; including expenditures for debt service on obli-
42 gations issued for school district purposes.
43 (4) "Eligible school district" means a school district eligible to
44 receive an apportionment pursuant to subdivision twelve-b of section
45 thirty-six hundred two of this article that has a combined wealth ratio,
46 as defined in paragraph l of subdivision one of such section thirty-six
47 hundred two, that is less than or equal to two and three-tenths.
48 (5) "Maximum additional apportionment" means the sum of the following
49 amounts:
50 (i) For an eligible school district with a percentage of students ages
51 five through seventeen living in poverty, as determined by the commis-
52 sioner based on the two thousand federal census, in excess of eight and
53 five-tenths percent, an amount equal to the product of one hundred twen-
54 ty-five dollars and the total aidable pupil count for operating aid
55 calculated pursuant to clause (B) of subparagraph (iv) of paragraph c of
56 subdivision twelve-b of section thirty-six hundred two of this article.
A. 11692 19
1 (ii) For an eligible school district with a percentage of eligible
2 applicants for the free and reduced price lunch program, as defined in
3 paragraph p of subdivision one of section thirty- six hundred two of
4 this article, in excess of twenty-eight percent, an amount equal to the
5 product of six hundred fifty- five dollars ten cents and a pupil count
6 equal to (i) the total aidable pupil count for operating aid calculated
7 pursuant to clause (B) of subparagraph (iv) of paragraph c of subdivi-
8 sion twelve-b of section thirty-six hundred two of this article less
9 (ii) the product, rounded up to the nearest whole number, of twenty-five
10 percent and the product, computed to the nearest whole number without
11 rounding, of the percentage of pupils with special educational needs
12 calculated pursuant to paragraph e of subdivision one of this section
13 and the average daily membership of resident pupils of the district for
14 the year prior to the base year, plus (iii) the product, rounded up to
15 the nearest whole number, of the percent of eligible applicants for the
16 free and reduced price lunch program computed pursuant to paragraph p of
17 subdivision one of such section thirty-six hundred two and the average
18 daily membership of resident pupils of the district for the year prior
19 to the base year and seventy-five percent.
20 c. BASE apportionment. (1) Each eligible school district which has an
21 approved project or projects shall be entitled to a grant or grants for
22 such project or projects in an amount whether in the aggregate or other-
23 wise, not to exceed the maximum additional apportionment calculated for
24 such school district. The amount of such maximum additional apportion-
25 ment not expended, disbursed or encumbered for any such year shall be
26 carried over for expenditure and disbursement to the next succeeding
27 school year. Such maximum additional apportionment may be used to
28 supplement the apportionments available pursuant to subdivisions six,
29 six-a, six-b, six-c, six-d, six-e, six-f and paragraph c of subdivision
30 fourteen of section thirty-six hundred two of this article, and subdivi-
31 sions ten and twelve of this section, provided that the total of such
32 apportionments plus the grant payable pursuant to this subdivision for
33 the approved project costs of any approved building aidable project, as
34 limited by the cost allowances specified in paragraph a of subdivision
35 six of section thirty-six hundred two of this article, shall not exceed
36 such approved project costs, provided further that the apportionment
37 provided pursuant to this subdivision shall not otherwise reduce the
38 apportionments payable for approved project costs pursuant to subdivi-
39 sions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph c of
40 subdivision fourteen of section thirty-six hundred two of this article,
41 and subdivisions ten and twelve of this section and may be used by an
42 eligible school district to fund the principal amount of any costs that
43 are in excess of the costs approved for an apportionment pursuant to
44 such subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and
45 paragraph c of subdivision fourteen of section thirty-six hundred two of
46 this article, and subdivisions ten and twelve of this section. Except as
47 authorized in this paragraph, expenditures from the maximum additional
48 apportionment shall not be eligible for aid under any other provision of
49 this chapter.
50 (2) The payment of all apportionments to be made for approved projects
51 pursuant to this subdivision shall be made from funds annually appropri-
52 ated by the legislature for such purpose. An apportionment so made to a
53 school district from appropriated funds by the commissioner for the
54 principal amounts of expenditures for an approved project which is an
55 eligible school construction project shall be repaid to the state comp-
56 troller by the dormitory authority from bond proceeds made available for
A. 11692 20
1 such purpose pursuant to section sixteen hundred eighty-nine-i of the
2 public authorities law.
3 § 26. The public authorities law is amended by adding a new section
4 1689-i to read as follows:
5 § 1689-i. Public school districts; authority financing of eligible
6 school construction projects; building aid for a sound education (BASE).
7 1. The dormitory authority is authorized to finance eligible school
8 construction projects for those public school districts which are
9 approved by the commissioner of education to receive aid apportionment
10 for building aid for a sound education (BASE) pursuant to subdivision
11 fourteen of section thirty-six hundred forty-one of the education law.
12 2. Notwithstanding the provisions of any general or special law to the
13 contrary, and subject to the making of annual appropriations therefor by
14 the legislature, in order to assist the dormitory authority in the
15 financing and refinancing of such eligible school construction projects,
16 the director of the budget is authorized in any state fiscal year
17 commencing April first, two thousand four and thereafter to enter into
18 one or more service contracts, none of which shall exceed thirty years
19 in duration, with the dormitory authority, upon such terms as the direc-
20 tor of the budget and the dormitory authority agree.
21 3. Any service contract entered into pursuant to this section or any
22 payments made or to be made thereunder may be assigned and pledged by
23 the dormitory authority as security for its bonds, notes, or other obli-
24 gations.
25 4. Any such service contract shall provide that the obligation of the
26 director of the budget or of the state to fund or to pay the amounts
27 therein provided for shall not constitute a debt of the state within the
28 meaning of any constitutional or statutory provision in the event the
29 dormitory authority assigns or pledges the service contract payments as
30 security for its bonds, notes, or other obligations and shall be deemed
31 executory only to the extent moneys are available and that no liability
32 shall be incurred by the state beyond the moneys available for the
33 purpose, and that such obligation is subject to annual appropriation by
34 the legislature.
35 5. Any service contract or contracts entered into pursuant to this
36 section shall provide for state commitments to provide annually to the
37 dormitory authority a sum or sums, upon such terms and conditions as
38 shall be deemed appropriate by the director of the budget, to fund the
39 principal, interest, or other related expenses required for any bonds,
40 notes, or other obligations.
41 6. The commissioner of education shall certify, from time to time, to
42 the dormitory authority, the comptroller, the director of the division
43 of the budget, the chair of the senate finance committee and the chair
44 of the assembly ways and means committee each school district for which
45 he or she has approved an aid apportionment for authority financing of
46 an eligible school construction project pursuant to subdivision fourteen
47 of section thirty-six hundred forty-one of the education law. Such
48 certification, which shall be made within thirty days after such
49 approval or as soon thereafter as is practicable, shall identify the
50 amount of aid apportionment which has been approved for such school
51 district and shall estimate the date or dates when such project will be
52 undertaken to assist the authority in establishing a schedule for
53 financing such project. The commissioner shall notify the authority if
54 there is a change in such date.
55 7. On or before November fifteenth of each year and again on or after
56 February fifteenth of each year, the dormitory authority shall submit,
A. 11692 21
1 and thereafter may resubmit, to the director of the division of the
2 budget, the state comptroller, the commissioner of education, the chair
3 of the senate finance committee and the chair of the assembly ways and
4 means committee a report setting forth the amounts, if any, of all annu-
5 al payments estimated to be appropriated to the dormitory authority
6 pursuant to such service contracts between the dormitory authority and
7 the director of the division of the budget pursuant to this section.
8 8. To obtain funds for the purposes of this section, the authority
9 shall have power from time to time, in accordance with a schedule certi-
10 fied to the authority by the commissioner of education identifying
11 eligible school construction projects approved for the payment of aid
12 apportionments pursuant to subdivision fourteen of section thirty-six
13 hundred forty-one of the education law, to issue negotiable bonds or
14 notes of the authority. Unless the context shall clearly indicate other-
15 wise, whenever the words "bond" or "bonds" are used in this section,
16 such words shall include a note or notes of the authority.
17 9. The dormitory authority shall not issue any bonds or notes in an
18 amount in excess of two billion two hundred million two hundred sixty-
19 three thousand one hundred two dollars for the purposes of this section,
20 excluding a principal amount of bonds or notes issued to fund one or
21 more debt service reserve funds, to pay for the costs of issuance of
22 such bonds, and bonds or notes issued to refund or otherwise repay such
23 bonds, and bonds or notes previously issued. Except for the purposes of
24 complying with the internal revenue code, any interest income earned on
25 bond proceeds shall only be used to pay debt service on such bonds or
26 notes.
27 10. In computing for the purposes of this subdivision, the aggregate
28 amount of indebtedness evidenced by bonds and notes of the dormitory
29 authority issued pursuant to this section, there shall be excluded the
30 amount of such indebtedness represented by such bonds or notes issued to
31 refund or otherwise repay bonds or notes, provided that the amount so
32 excluded under this clause may exceed the principal amount of such bonds
33 or notes that were issued to refund or otherwise repay only if the pres-
34 ent value of the aggregate debt service on the refunding or repayment
35 bonds or notes shall not have at the time of their issuance exceeded the
36 present value of the aggregate debt service of the bonds or notes they
37 were issued to refund or repay, such present value in each case being
38 calculated by using the effective interest rate of the refunding or
39 repayment bonds or notes, which shall be that rate arrived at by doubl-
40 ing the semi-annual interest rate (compounded semi-annually) necessary
41 to discount the debt service payments on the refunding or repayment
42 bonds or notes from the payment date thereof to the date of issue of the
43 refunding or repayment bonds or notes and to the price bid therefor, or
44 to the proceeds received by the dormitory authority from the sale there-
45 of, in each case including estimated accrued interest.
46 11. The state of New York hereby covenants with the purchasers, hold-
47 ers and owners from time to time of the bonds of the authority issued
48 pursuant to this section that it will not repeal, revoke, rescind, modi-
49 fy or amend the provisions of this section which relate to the making of
50 annual service contract payments to the authority with respect to such
51 bonds as to limit, impair or impede the rights and remedies granted to
52 bondholders under this title or otherwise diminish the security pledged
53 to such purchasers, holders and owners or significantly impair the pros-
54 pect of payment of any such bond.
55 § 27. The state finance law is amended by adding a new section 92-cc
56 to read as follows:
A. 11692 22
1 § 92-cc. State video lottery fund. 1. There is hereby established in
2 the joint custody of the comptroller and the commissioner of taxation
3 and finance a special fund to be known as the state video lottery fund.
4 2. Such fund shall consist of the video lottery revenues received
5 pursuant to section sixteen hundred seventeen-a of the tax law, and all
6 other moneys credited or transferred thereto from any other fund or
7 sources pursuant to law. There shall be established within such fund an
8 account to be known as the video lottery education account which shall
9 consist of video lottery revenues paid into the fund. Upon such estab-
10 lishment there shall also be established within such fund a separate
11 account, to be known as the video lottery administration account which
12 shall consist of video lottery revenues.
13 3. The moneys in such fund shall be appropriated or transferred only
14 (a) for repayment of first instance expenditures incurred in the admin-
15 istration of the video lottery gaming, and (b) for the purpose of
16 payment or payments pursuant to section sixteen hundred eighty-nine-i of
17 the public authorities law in relation for the costs of building aid for
18 a sound education school facility projects of section thirty-six hundred
19 forty-one of the education law.
20 4. Moneys of the fund, following appropriation by the legislature, may
21 be expended for the purposes described in subdivision three of this
22 section. Moneys shall be paid out of the fund on the audit and warrant
23 of the state comptroller on vouchers certified or approved by the
24 commissioner of the state education department.
25 § 28. Subdivision b of section 1612 of tax law, as amended by section
26 3 of part W of chapter 63 of the laws of 2003, is amended to read as
27 follows:
28 b. Notwithstanding section one hundred twenty-one of the state finance
29 law, on or before the twentieth day of each month, the division shall
30 pay into the state treasury, to the credit of the state lottery fund
31 created by section ninety-two-c of the state finance law, not less than
32 forty-five percent of the total amount for which tickets have been sold
33 for games defined in paragraph four of subdivision a of this section
34 during the preceding month, not less than thirty-five percent of the
35 total amount for which tickets have been sold for games defined in para-
36 graph three of subdivision a of this section during the preceding month,
37 not less than twenty percent of the total amount for which tickets have
38 been sold for games defined in paragraph two of subdivision a of this
39 section during the preceding month, provided however that for games with
40 a prize payout of seventy-five percent of the total amount for which
41 tickets have been sold, the division shall pay not less than ten percent
42 of sales into the state treasury and not less than twenty-five percent
43 of the total amount for which tickets have been sold for games defined
44 in paragraph one of subdivision a of this section during the preceding
45 month and the balance of the total revenue after payout for prizes for
46 games known as "video lottery gaming," less ten percent of the total
47 revenue wagered after payout for prizes to be retained by the division
48 for operation, administration, and procurement purposes; and less a
49 vendor's fee to be paid to the track operator at a rate of twenty-nine
50 percent of the total revenue wagered at the vendor track after payout
51 for prizes pursuant to this chapter, which amount shall be paid to the
52 operator of the racetrack for serving as a lottery agent under this
53 pilot program. In establishing the lottery agent fee, the division shall
54 ensure the maximum lottery support for education while also ensuring the
55 effective implementation of section sixteen hundred seventeen-a of this
56 article through the provision of reasonable reimbursements and compen-
A. 11692 23
1 sation to vendor tracks for participation in such pilot program. Within
2 twenty days after any award of lottery prizes, the division shall pay
3 into the state treasury, to the credit of the state lottery fund, the
4 balance of all moneys received from the sale of all tickets for the
5 lottery in which such prizes were awarded remaining after provision for
6 the payment of prizes as herein provided. Any revenues derived from the
7 sale of advertising on lottery tickets shall be deposited in the state
8 lottery fund. Any revenues derived from video lottery gaming pursuant to
9 section sixteen hundred seventeen-a of this article shall be deposited
10 in the state video lottery fund established in section ninety-two-cc of
11 the state finance law.
12 § 29. The following terms, whenever used or referred to in this act,
13 unless the context indicates otherwise, shall have the following mean-
14 ings:
15 (a) "Eligible school district transportation capital expenses" shall
16 mean transportation capital expenses eligible for a transportation capi-
17 tal expense transition grant pursuant to subdivision 13 of section 3641
18 of the education law for which payments are made, as reimbursement of
19 base year approved expenditures, for transportation capital debt service
20 and leases as defined in subdivision 2 of section 3623-a of the educa-
21 tion law, that are incurred by the school district on or after July 1,
22 2003 and on or before June 30, 2004, and are not otherwise reimbursable
23 in the 2004-2005 school year pursuant to subdivision 7 of section 3602
24 of the education law.
25 (b) Notwithstanding the provisions of any general or special law to
26 the contrary, for purposes of this section, the term "school district"
27 shall mean any school district or municipality which could be eligible
28 for an apportionment pursuant to subdivision 7 of section 3602 of the
29 education law.
30 § 30. (a) Subject to the provisions of chapter 59 of the laws of 2000,
31 but notwithstanding any provisions of law to the contrary, one or more
32 authorized issuers as defined by section 68-a of the state finance law
33 are hereby authorized to issue bonds or notes in one or more series in
34 an aggregate principal amount not to exceed $80,000,000, excluding bonds
35 issued to finance one or more debt service reserve funds, to pay costs
36 of issuance of such bonds, and bonds or notes issued to refund or other-
37 wise repay such bonds or notes previously issued, for the purpose of
38 financing transportation capital expense transition grants base year
39 approved expenses for transportation capital, debt service and leases;
40 and to reimburse the state general fund for disbursements made therefor.
41 Such bonds and notes of such authorized issuer shall not be a debt of
42 the state, and the state shall not be liable thereon, nor shall they be
43 payable out of any funds other than those appropriated by the state to
44 such authorized issuer for debt service and related expenses pursuant to
45 any service contract executed pursuant to subdivision (b) of this
46 section and such bonds and notes shall contain on the face thereof a
47 statement to such effect. Except for purposes of complying with the
48 internal revenue code, any interest income earned on bond proceeds shall
49 only be used to pay debt service on such bonds.
50 (b) Notwithstanding any provisions of law to the contrary, in order to
51 assist such authorized issuer in undertaking the administration and
52 financing of the projects authorized pursuant to subdivision (a) of this
53 section, the director of the budget is hereby authorized to enter into
54 one or more service contracts with such authorized issuer; none of which
55 shall exceed more than ten years in duration, upon such terms and condi-
56 tions as the director of the budget and such authorized issuer agree, so
A. 11692 24
1 as to annually provide to such authorized issuer, in the aggregate, a
2 sum not to exceed the annual debt service payments and related expenses
3 required for the bonds and notes issued pursuant to this section. Any
4 service contract entered into pursuant to this subdivision shall provide
5 that the obligation of the state to pay the amount therein provided
6 shall not constitute a debt of the state within the meaning of any
7 constitutional or statutory provision and shall be deemed executory only
8 to the extent of monies available and that no liability shall be
9 incurred by the state beyond the monies available for such purposes,
10 subject to annual appropriation by the legislature. Any such contract or
11 any payments made or to be made thereunder may be assigned or pledged by
12 such authorized issuer as security for its bonds and notes, as author-
13 ized by this section.
14 § 31. The commissioner of education shall certify, by September 30,
15 2004, to such issuer and the director of the budget, each school
16 district for which he or she has approved a transportation capital
17 expense transition grant pursuant to subdivision 13 of section 3641 of
18 the education law for eligible school district transportation capital
19 expenses in lieu of aid previously payable pursuant to subdivision 7 of
20 section 3602 of the education law, such other information regarding such
21 base year expenditures for transportation capital, debt service and
22 leases requested by such authorized issuer as it necessary for the issu-
23 ance of bonds, notes, or other obligations, pursuant to this section and
24 the amount of that grant.
25 § 32. Section 6 of chapter 756 of the laws of 1992, relating to fund-
26 ing a program for workforce education conducted by the consortium for
27 worker education in New York city, as amended by section 43 of part A2
28 of chapter 62 of the laws of 2003, is amended to read as follows:
29 § 6. This act shall take effect July 1, 1992, and shall be deemed
30 repealed on June 30, [2004] 2005.
31 § 33. Section 2 of part K of chapter 93 of the laws of 2002, amending
32 the education law relating to aid for teachers of tomorrow recruitment
33 and retention program, as amended by section 2 of part K of chapter 63
34 of the laws of 2003, is amended to read as follows:
35 § 2. This act shall take effect immediately and shall be deemed to
36 have been in full force and effect on and after July 1, 2001 and shall
37 expire and be deemed repealed June 30, [2004] 2005.
38 § 34. Subdivision 16 of section 104 of part L of chapter 405 of the
39 laws of 1999 relating to amending the real property tax law and other
40 laws relating to improving the administration of the school tax relief
41 (STAR) program relating to school aid, as amended by section 80 of part
42 H of chapter 83 of the laws of 2002, is amended to read as follows:
43 (16) sections fifty-one-f, fifty-one-g, fifty-one-h, fifty-one-i and
44 fifty-one-j of this act shall expire and be deemed repealed June 30,
45 [2004] 2005;
46 § 35. School bus driver training. In addition to apportionments other-
47 wise provided by section 3602 of the education law, for aid payable in
48 the 2004-2005 school year, the commissioner of education shall allocate
49 school bus driver training grants to school districts and boards of
50 cooperative education services pursuant to sections 3650-a, 3650-b and
51 3650-c of the education law, or for contracts directly with not-for-pro-
52 fit educational organizations for the purposes of this section. Such
53 payments shall not exceed four hundred thousand dollars ($400,000).
54 § 36. Fort Drum school district grants. In addition to apportionments
55 otherwise provided by section 3602 of the education law, for aid payable
56 in the 2004-2005 school year, school districts which received an appor-
A. 11692 25
1 tionment in the base year for operating expenses on account of an
2 increase in student enrollment in prior years as a result of the expan-
3 sion of Fort Drum, shall be eligible for a share of two million six
4 hundred twenty-five thousand dollars ($2,625,000) in the same proportion
5 as each school district's share was of the Fort Drum school district
6 grants distributed in the base year for the operating expenses of such
7 school districts.
8 § 37. Learning technology grants. In addition to apportionments other-
9 wise provided by section 3602 of the education law, for aid payable in
10 the school year 2004-2005, the commissioner of education may approve
11 school district and board of cooperative educational services applica-
12 tions for funding of approved learning technology programs, including
13 services benefiting nonpublic school students, pursuant to regulations
14 promulgated by the commissioner of education and approved by the direc-
15 tor of the budget, provided, however, that the sum of such grants
16 awarded shall not exceed three million two hundred eighty-five thousand
17 dollars ($3,285,000). Notwithstanding section 3609-a of the education
18 law, the commissioner of education is authorized to pay from the general
19 support for public schools appropriations, up to seventy percent of such
20 sum, for such purposes, prior to April first of the school year for
21 which such moneys are available, with the remainder payable on or after
22 such date.
23 § 38. Notwithstanding any other provisions of law to the contrary, of
24 the moneys appropriated to the state education department in a chapter
25 of the laws of 2004, enacting the education, labor and family assistance
26 budget under the elementary, middle, and secondary education program,
27 general fund account for general support for public schools for the
28 2004-2005 school year for programs for homeless children and youth shall
29 include (a) expenditures for the transportation of homeless children
30 pursuant to paragraph b of subdivision 4 of section 3209 of the educa-
31 tion law, up to the amount of the approved costs of the most cost-effec-
32 tive mode of transportation, in accordance with a plan prepared by the
33 commissioner of education as approved by the director of the budget and
34 (b) the sum of thirty thousand dollars ($30,000) to the credit of the
35 state purposes account of the state education department to carry out
36 the purposes of this section relating to reimbursement of division for
37 youth shelters transporting such pupils.
38 § 39. Notwithstanding any inconsistent provision of law, any amount
39 share of federal financial participation under medicaid for school age
40 and preschool special education programs and services that is in excess
41 of one hundred seventy million dollars ($170,000,000) may be made avail-
42 able, subject to the appropriation of such excess, in the same propor-
43 tion as such funds attributable respectively to preschool and school age
44 programs and services bear to such one hundred seventy million dollars,
45 for payment of prior year claims for preschool services under section
46 4410 of the education law and the payment of prior year adjustments of
47 state aid claims for school age students.
48 § 40. Special apportionment for salary expenses. a. Notwithstanding
49 any other provision of law, upon application to the commissioner of
50 education, not sooner than June 13, 2005 and not later than June 23,
51 2005, a school district eligible for an apportionment pursuant to
52 section 3602 of the education law shall be eligible to receive an appor-
53 tionment pursuant to this section, for the school year ending June 30,
54 2005, for salary expenses incurred between April 1 and June 30, 2005,
55 and such apportionment shall not exceed the deficit reduction assessment
56 of 1990-91 as determined by the commissioner of education, pursuant to
A. 11692 26
1 paragraph f of subdivision 1 of section 3602 of the education law, as in
2 effect through June 30, 1993, plus one hundred eighty-six percent of
3 such amount for a city school district in a city with a population in
4 excess of one million inhabitants, and shall not exceed such salary
5 expenses. Such application shall be made by a school district, after the
6 board of education or trustees have adopted a resolution to do so and in
7 the case of a city school district in a city with a population in excess
8 of one hundred twenty-five thousand inhabitants, with the approval of
9 the mayor of such city.
10 b. The claim for an apportionment to be paid to a school district
11 pursuant to subdivision a of this section shall be submitted to the
12 commissioner of education on a form prescribed for such purpose, and
13 shall be payable upon determination by such commissioner that the form
14 has been submitted as prescribed. Such approved amounts shall be payable
15 on the same day on or before September, 2005, as funds provided pursuant
16 to subparagraph 4 of paragraph b of subdivision 4 of section 92-c of the
17 state finance law, on the audit and warrant of the state comptroller on
18 vouchers certified or approved by the commissioner of education in the
19 manner prescribed by law from moneys in the state lottery fund and from
20 the general fund to the extent that the amount paid to a school district
21 pursuant to this section exceeds the amount, if any, due such school
22 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
23 section 3690-a of the education law in the 2005-06 school year.
24 c. Notwithstanding the provisions of section 3609-a of the education
25 law, an amount equal to the amount paid to a school district pursuant to
26 subdivisions a and b of this section shall first be deducted from the
27 following payments due the school district during the 2005-06 school
28 year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi-
29 vision 1 of section 3609-a of the education law in the following order:
30 the lottery apportionment payable pursuant to subparagraph 2 of such
31 paragraph followed by the fixed fall payments payable pursuant to
32 subparagraph 4 of such paragraph and then followed by the districts
33 payments to the teachers' retirement system pursuant to subparagraph 1
34 of such paragraph, and any remainder to be deducted from the individual-
35 ized payments due the district pursuant to paragraph b of such subdivi-
36 sion shall be deducted on a chronological basis starting with the earli-
37 est payment due the district.
38 § 41. Bilingual education grants. In addition to apportionments other-
39 wise provided by section 3602 of the education law, for aid payable in
40 the 2004-2005 school year, the commissioner of education may approve
41 school district and board of cooperative educational services and
42 college or university applications for funding of approved bilingual
43 education programs, provided, however, that the sum of such grants
44 awarded shall not exceed eleven million two hundred thousand dollars
45 ($11,200,000).
46 § 42. Grants for teacher support. In addition to apportionments other-
47 wise provided by section 3602 of the education law, of the funds appro-
48 priated for the general support for public schools for the 2004-2005
49 school year, including but not limited to appropriations for teacher
50 support, payments shall be made as follows: to the city school district
51 of the city of New York, sixty-two million seven hundred seven thousand
52 dollars ($62,707,000); to the Buffalo city school district, one million
53 seven hundred forty-one thousand dollars ($1,741,000); to the Rochester
54 city school district, one million seventy-six thousand dollars
55 ($1,076,000); to the Yonkers city school district, one million one
56 hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse
A. 11692 27
1 city school district, eight hundred nine thousand dollars ($809,000).
2 All funds made available to a school district pursuant to this section
3 shall be distributed among teachers including prekindergarten teachers
4 and teachers of adult vocational and academic subjects in accordance
5 with this section and shall be in addition to salaries heretofore or
6 hereafter negotiated or made available; provided, however, that all
7 funds distributed pursuant to this section for the current year shall be
8 deemed to incorporate all funds distributed pursuant to former subdivi-
9 sion 27 of section 3602 of the education law for prior years. In school
10 districts where the teachers are represented by certified or recognized
11 employee organizations, all salary increases funded pursuant to this
12 section shall be determined by separate collective negotiations
13 conducted pursuant to the provisions and procedures of article 14 of the
14 civil service law, notwithstanding the existence of a negotiated agree-
15 ment between a school district and a certified or recognized employee
16 organization.
17 § 43. Special academic improvement grants. In addition to apportion-
18 ments otherwise provided by section 3602 of the education law, for aid
19 payable in the 2004-2005 school year, of the funds appropriated for the
20 general support for public schools for the 2004-2005 school year,
21 including but not limited to appropriations for special academic
22 improvement grants, payments shall be made pursuant to subdivision elev-
23 en of section 3641 of the education law, provided, however, that the sum
24 of such grants awarded shall not exceed six million dollars
25 ($6,000,000).
26 § 44. Teachers of tomorrow. Notwithstanding the provisions of para-
27 graph b of subdivision 2 of section 3612 of the education law, grants
28 awarded to school districts pursuant to such section shall be paid from
29 moneys apportioned from appropriations in support of general support for
30 public schools and shall be limited to a school year program of twenty
31 million dollars ($20,000,000) for the 2004-2005 school year.
32 § 45. a. Notwithstanding any other law, rule or regulation to the
33 contrary, any moneys appropriated to the state education department may
34 be suballocated to other state departments or agencies, as needed, to
35 accomplish the intent of the specific appropriations contained therein.
36 b. Notwithstanding any other law, rule or regulation to the contrary,
37 moneys appropriated to the state education department from the general
38 fund/aid to localities, local assistance account-001, shall be for
39 payment of financial assistance, as scheduled, net of disallowances,
40 refunds, reimbursement and credits.
41 c. Notwithstanding any other law, rule or regulation to the contrary,
42 all moneys appropriated to the state education department for aid to
43 localities shall be available for payment of aid heretofore or hereafter
44 to accrue and may be suballocated to other departments and agencies to
45 accomplish the intent of the specific appropriations contained therein.
46 d. Notwithstanding any other law, rule or regulation to the contrary,
47 moneys appropriated to the state education department for general
48 support for public schools may be interchan