2020 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