2018 New York Laws
EDN - Education
Title 5 - Taxation and Financial Administration
Article 73 - Apportionment of Public Moneys
Part 1 - General Provisions
3614 - Statement of the Total Funding Allocation.
* § 3614. Statement of the total funding allocation. 1. Notwithstanding any provision of law, rule or regulation to the contrary, commencing with the two thousand eighteen--two thousand nineteen school year for school districts which contain at least four schools as reported in the school report card database produced by the commissioner for the two thousand sixteen--two thousand seventeen school year and which receive at least fifty percent of total revenue from state aid as reported in the fiscal profiles master files report produced by the commissioner concerning data on school district expenditures and revenues for the two thousand fifteen--two thousand sixteen school year and for school districts located in a city with a population of more than one million, and commencing with the two thousand nineteen--two thousand twenty school year for school districts containing at least four schools as reported in the school report card database produced by the commissioner for the two thousand sixteen--two thousand seventeen school year, and commencing with the two thousand twenty--two thousand twenty-one school year for all school districts eligible for an apportionment pursuant to subdivision four of section thirty-six hundred two of this part, such school districts shall annually submit to the commissioner and the director of the budget and shall make publicly available and on the district website a detailed statement of the total funding allocation for each school in the district for the upcoming school budget year on or before the Friday prior to Labor Day of such school year, provided that:
a. Such statements shall be in a statewide uniform form developed by the director of the budget, in consultation with the commissioner, provided that when preparing statements districts shall adhere to and complete the prescribed form accurately and fully, and provided further that the director of the budget shall request in such form only information that is known to, or may be ascertained or estimated by, the district. Provided, further, that each local educational agency shall include in such statement the approach used to allocate funds to each school and that such statement shall include but not be limited to separate entries for each individual school, demographic data for the school, per pupil funding level, source of funds, and uniform decision rules regarding allocation of centralized spending to individual schools from all funding sources.
b. Within forty-five days of submission of such statement by a school district, the commissioner and director of the budget shall review such statement and determine whether the statement is complete and is in the format required by paragraph a of this subdivision. If such statement is determined to be complete and in the format required by paragraph a of this subdivision, a written acknowledgement of such shall be sent to the school district. If no determination is made by the commissioner and the director of the budget within forty-five days of submission of the statement, such statement shall be deemed approved. Should the commissioner or the director of the budget request additional information from the school district to determine completeness, the district shall submit such requested information to the commissioner and the director of the budget within thirty days of such request and the commissioner and the director of the budget's deadline for review and determination shall be extended by forty-five days from the date of submission of the additional requested information. If the commissioner or director of the budget determine a school district's spending statement to be noncompliant, such school district shall be allowed to submit a revised spending statement at any time.
c. If a school district fails to submit a statement that is complete and in the format required by paragraph a of this subdivision on or before the Friday prior to Labor Day of such school year or if the commissioner or director of the budget determine the school district's spending statement to be noncompliant, a written explanation shall be provided and the school district will have thirty days to cure. If the school district does not cure within thirty days, at the joint direction of the director of the budget and the commissioner, the comptroller of the city in which such school district is situated, or if the city does not have an elected comptroller, the chief financial officer of the city, or for school districts not located in a city, the chief financial officer of the town in which the majority of the school district is situated shall be authorized, at his or her discretion, to obtain appropriate information from the school district, and shall be authorized to complete such form and submit such statement to the director of the budget and the commissioner for approval in accordance with paragraph b of this subdivision. Where the comptroller or chief financial officer exercises the authority to submit such form, such submission shall occur within sixty days following notification of the school district's failure to cure. Nothing in this paragraph shall preclude a school district from submitting a spending statement for approval by the director of the budget and the commissioner at any time.
2. Nothing in this section shall alter or suspend statutory school district budget and voting or approval requirements.
3. a. For the two thousand nineteen--two thousand twenty school year and thereafter, any school district that is required to submit a statement under subdivision one of this section for the base year with an underfunded high-need school shall prioritize all such underfunded high-need schools among its individual schools, and shall submit to the commissioner on or before September first of the current year a report specifying how such district effectuated appropriate funding for the underfunded high-need schools.
b. On or before May first of the base year, the director of the budget shall produce a list of underfunded high-need schools, as defined in paragraph c of this subdivision. Provided, however, that the director of the budget shall exclude from this list schools within district seventy-five of the city school district of New York, schools that are of the same school type within a district but do not serve any grade levels that overlap, schools serving only students in prekindergarten, or any other schools with irregular or outlying properties.
c. For purposes of this subdivision:
(1) "school type" for any school shall mean elementary, middle, high, pre-k only, or K-12, as defined by the commissioner, provided that for purposes of this subdivision, a "middle" school shall include any school with the grade organization of either a middle school or a junior high school, and a "high" school shall include any school with the grade organization of either a senior high school or a junior-senior high school;
(2) "underfunded high-need school" shall mean a school within a school district that has been deemed both a significantly high-need school and a significantly low funded school;
(3) "student need index" for any school shall mean the quotient arrived at when dividing the weighted student enrollment as defined herein by the K-12 enrollment for the base year as reported on the statement required pursuant to this section;
(4) "average student need index by school type" shall mean the quotient arrived at when dividing the sum of weighted student enrollment as defined herein for all schools within a school district of the same school type by the K-12 enrollment for the base year for all schools in a school district of the same school type as reported on the statement required pursuant to this section;
(5) "weighted student enrollment" for any school shall mean the sum of: (A) K-12 enrollment plus (B) the product of the number of students eligible to receive free and reduced price lunch multiplied by sixty-five one-hundredths (0.65) plus (C) the product of the number of English language learners multiplied by one-half (0.5), plus (D) the product of the number of students with disabilities multiplied by one and forty-one one-hundredths (1.41), for the base year as reported on the statement required pursuant to this section;
(6) "significantly high-need school" shall mean a school with a student need index greater than the product of the average student need index by school type within the school district multiplied by one and five one-hundredths (1.05);
(7) "per pupil expenditures" for any school shall mean the quotient arrived at when dividing the expenditure amount as reported for the base year in the statement required pursuant to this section, excluding expenditures for prekindergarten and preschool special education programs and central district costs by the weighted student enrollment of the school;
(8) "average per pupil expenditures by school type" shall mean the quotient arrived at when dividing (A) the sum of the expenditure amounts reported for the base year in the statement required pursuant to this section, excluding expenditures for prekindergarten and preschool special education programs and central district costs, for all schools within a school district of the same school type by (B) the weighted student enrollment for the base year for all schools in a school district of the same school type as reported on the statement required pursuant to this section;
(9) "significantly low funded school" shall mean a school within a school district that has per pupil expenditures less than the product of the average per pupil expenditures by school type within the school district multiplied by ninety-five one-hundredths (0.95).
(10) "base year" shall mean the base year as defined in paragraph b of subdivision one of section thirty-six hundred two of this part.
(11) "current year" shall mean the current year as defined in paragraph a of subdivision one of section thirty-six hundred two of this part.
* NB Repealed June 30, 2023
