Legislative Bill Drafting Commission
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S. --------
SENATE
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IN SENATE--Introduced by Sen
--read twice and ordered printed,
and when printed to be committed
to the Committee on
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ASSEMBLY
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IN ASSEMBLY--Introduced by M. of A.
--read once and referred to the
Committee on
*EDUCLA*
(Enacts article 7 provisions imple-
menting the 2000-2001 Education,
Labor and Family Assistance budget)
--------
Ed L. ELFA Article 7
A BUDGET BILL submitted by the Gov-
ernor in accordance with Article VII
of the Constitution
AN ACT
to amend the education law, in
relation to the calculation and
payment of state aid to school
districts and boards of cooperative
educational services, in relation to
the actions of the board of regents,
in relation to increased flexibility
of state university and city univer-
sity in administrative and fiscal
functions respecting the establish-
ment of tuition rates for graduate
programs, in relation to the closure
2 12332-02-0
of school buildings, in relation to
membership in a board of cooperative
educational services, in relation to
set-asides for higher learning stan-
dards; to amend chapter 405 of the
laws of 1999, amending the real
property tax laws and other laws
relating to enacting major compo-
nents necessary to implement the
1999-2000 state fiscal plan, in
relation to making technical
corrections thereto; to amend chap-
ter 221 of the laws of 1998, relat-
ing to adjusting certain state aid
payments to the Syracuse city school
district, the Utica city school
district and the Gloversville
enlarged city school district
regarding employment preparation
aid, in relation to making technical
corrections thereto; to amend chap-
ter 82 of the laws of 1995 amending
the education law and certain other
laws relating to state aid to school
districts and the appropriation of
funds for the support of government,
in relation to special education
class size; to amend chapter 169 of
the laws of 1994, relating to
certain provisions related to the
1994-95 state operations, aid to
localities, capital projects and
debt services budgets, in relation
to certain expiration and repeal
dates contained therein; and to
amend the vehicle and traffic law,
in relation to certain signage
required on school buses; repealing
certain provisions of the tax law
relating to the calculations and
payment of state aid to school
districts and boards of cooperative
educational services; providing for
the repeal of certain provisions
upon expiration thereof (A); to
amend the education law, the state
finance law, the real property tax
law, and the tax law, in relation to
school district spending and the
school tax relief (STAR) program
(B); to repeal certain provisions of
the education law, relating to
established documentary heritage
grants and aid; relating to estab-
lishing the state library and state
3 12332-02-0
museum within the education depart-
ment and providing for the adminis-
tration of the state museum; relat-
ing to establishing grants for
public television and radio; relat-
ing to establishing the powers and
duties of the state library; relat-
ing to establishing state aid for
library systems and libraries; and
relating to establishing state aid
for school library systems and state
aid for cooperation with correction-
al facilities; and to amend the arts
and cultural affairs law, the state
finance law, the executive law and
the not-for-profit corporation law,
in relation to establishing the
office of cultural resources and
providing for the orderly transfer
of all functions, powers, duties,
obligations and assets of the office
of cultural education located in the
state education department to the
office of cultural resources (C)
The People of the State of New
York, represented in Senate and
Assembly, do enact as follows:
4 12332-02-0
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2000-2001
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through C. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. The opening paragraph of section 207 of the education law
14 is designated subdivision 1 and a new subdivision 2 is added to read as
15 follows:
16 2. Notwithstanding subdivision one of this section or any other law
17 to the contrary, in the event no specific statutory authorization has
18 been provided for a proposed rule or regulation of the commissioner or
19 the regents that has a projected additional cost to the state govern-
20 ment, local governments or the university of the state of New York, such
21 proposed rule or regulation shall be submitted for review and approval
22 by the state director of regulatory reform before the commissioner or
23 the regents may submit the rule or regulation for publication in the
24 state register. Such cost implications shall be presented in a regulato-
25 ry impact statement or revised regulatory impact statement prepared
26 pursuant to section two hundred two-a of the state administrative proce-
27 dure act, and submitted by the department to the state director of regu-
5 12332-02-0
1 latory reform along with the text of the proposed or revised rule. In
2 the event any rule or regulation adopted by the regents or the commis-
3 sioner which is determined not to require review and approval by the
4 state director of regulatory reform, pursuant to the conditions stated
5 in this section, is subsequently identified by the state director of
6 regulatory reform as imposing such additional cost, such rule or regu-
7 lation shall cease to be mandatory in effect and shall become voluntary
8 in operation.
9 § 2. Section 305 of the education law is amended by adding a new
10 subdivision 29 to read as follows:
11 29. The commissioner shall promulgate regulations prescribing the
12 methodology for establishing a multi-year cost allowance for the purpose
13 of computation of building aid to school districts and a procedure for
14 school districts to appeal the determination that a building has not
15 been adequately maintained, as required by subparagraphs one and three
16 of paragraph a of subdivision six of section thirty-six hundred two of
17 this chapter. Such methodology shall include the development of a build-
18 ing replacement cost allowance schedule for the construction of new
19 buildings and additions, and the replacement of the major building
20 systems of a building over its projected useful life. For purposes of
21 this subdivision, "major building systems" shall mean the electrical,
22 plumbing, heating, ventilation and air conditioning systems, and the
23 roof and other major structural elements of a school building.
24 § 3. Subdivision 3 of section 316 of the education law, as added by
25 chapter 53 of the laws of 1984, is amended to read as follows:
26 3. Each such application shall be reviewed by the Õteacher education
27 certification and practices boardå state professional standards and
28 practices board for teaching. The board shall in each instance recom-
6 12332-02-0
1 mend to the commissioner action, as appropriate, including specific
2 reasons when it is negative. Any school district, board of cooperative
3 educational services or consortium whose original application is
4 rejected may resubmit a revised application for further review. Notwith-
5 standing any other provision to the contrary, an application to continue
6 a teacher resource center which was in operation prior to the nineteen
7 hundred eighty-four--nineteen hundred eighty-five school year shall be
8 deemed automatically approved.
9 § 4. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
10 the education law, as amended by chapter 309 of the laws of 1996, is
11 amended to read as follows:
12 (4) The trustees shall not impose a differential tuition charge based
13 upon need or income. All students enrolled in undergraduate programs
14 leading to like degrees at state-operated institutions of the state
15 university shall be charged a uniform rate of tuition except for differ-
16 ential tuition rates based on state residency. Provided, however, that
17 the trustees may authorize the presidents of the colleges of technology
18 and the colleges of agriculture and technology to set differing rates of
19 tuition for each of the colleges for students enrolled in degree-grant-
20 ing programs leading to an associate degree and non-degree granting
21 programs so long as such tuition rate does not exceed the tuition rate
22 charged to students who are enrolled in like degree programs or degree-
23 granting undergraduate programs leading to a baccalaureate degree at
24 other state-operated institutions of the state university of New York.
25 The trustees shall not adopt changes affecting tuition charges prior to
26 the enactment of the annual budget.
27 § 5. Subdivisions 1 and 3 of section 408 of the education law, as
28 amended by chapter 414 of the laws of 1972 and the opening paragraph of
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1 subdivision 1 as amended by chapter 315 of the laws of 1990, are amended
2 to read as follows:
3 1. No schoolhouse shall hereafter be erected, purchased, repaired,
4 enlarged or remodeled nor shall the advertisement for bids for the
5 execution of the plans and specifications for such schoolhouses be
6 placed, in any school district except in a city school district in a
7 city having Õseventy thousandå a million inhabitants or more, at an
8 expense which shall exceed Õone hundredå ten thousand dollars, until the
9 plans and specifications shall have been submitted to the commissioner
10 Õof educationå and his approval endorsed thereon. Such plans and spec-
11 ifications shall show in detail the ventilation, heating and lighting of
12 such buildings.
13 In the case of a school district in a city having seventy thousand
14 inhabitants or more, all the provisions previously set forth in this
15 subdivision shall apply, except that the commissioner may waive the
16 requirement for submission of plans and specifications and substitute
17 therefor the requirement for submission of an outline of such plans and
18 specifications for his review. Such outline shall be in a form which he
19 may prescribe from time to time.
20 In either case, the commissioner may, in his discretion, review plans
21 and specifications for projects estimated at an expense of less than
22 Õone hundredå ten thousand dollars.
23 In the case of a school district in a city having a million inhabit-
24 ants or more, all of the provisions previously set forth in this subdi-
25 vision shall apply, except that such school district shall only be
26 required to submit Õan outline of theå preliminary plans and specifica-
27 tions for new buildings and additions to the commissioner Õof educationå
28 for his Õinformation where a schoolhouse is to be erected in conjunction
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1 with the development of a project to be developed under the provisions
2 of article two or five of the private housing finance law and where both
3 the school and the project are to have rights or interests in the same
4 land, regardless of the similarity or equality thereof, including fee
5 interests, easements, space rights or other rights or interestså review.
6 3. The commissioner Õof educationå shall approve the plans and spec-
7 ifications, heretofore or hereafter submitted pursuant to this section,
8 for the erection or purchase of any school building or addition thereto
9 or remodeling thereof on the site or sites selected therefor pursuant to
10 this chapter, if such plans conform to the requirements and provisions
11 of this chapter and the regulations of the commissioner adopted pursuant
12 to this chapter in all other respects; provided, however, that the
13 commissioner Õof educationå shall not approve the plans for the erection
14 or purchase of any school building or addition thereto unless the site
15 has been selected with reasonable consideration of the following
16 factors; its place in a comprehensive, Õlong-term school building
17 programå five-year school facility capital plan; area required for
18 outdoor educational activities; educational adaptability, environment,
19 accessibility; soil conditions; initial and ultimate cost.
20 § 6. Section 412 of the education law, subdivision 1 as amended by
21 chapter 474 of the laws of 1996, is amended to read as follows:
22 § 412. Condemnation or closure of Õschoolhouse andå instructional
23 school building; erection of new Õschoolhouseå school building in place
24 thereof. 1. ÕAå Notwithstanding any other provision of law to the
25 contrary, the commissioner shall be authorized to order the closing of a
26 school building of any school district or board of cooperative educa-
27 tional services which is used for instruction, upon a finding that a
28 hazardous condition exists in such school building in violation of
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1 applicable building health or safety codes or regulations that threatens
2 the health and/or safety of students or staff. Such order shall be
3 delivered to a trustee or member of the board of education of the school
4 district or member of the board of cooperative educational services,
5 provided that in the case of a city school district in a city having a
6 population of one million or more inhabitants such order shall be deliv-
7 ered to the chancellor of the city district. Such order shall state the
8 date on which it shall take effect and the school building shall close,
9 and shall specify the repairs, reconstruction or rehabilitation neces-
10 sary to render the building fit for occupancy. Upon the effective date
11 of such order, it shall be the duty of the local school authorities to
12 arrange for the education of the students formerly attending such school
13 at other locations. Notwithstanding any other provision of law to the
14 contrary, the attendance of a student attending school in a school
15 building that has been ordered closed by the commissioner pursuant to
16 this subdivision shall not be counted, during the period the building is
17 closed, for purposes of computing the apportionment of state aid to the
18 school district or for purposes of determining compliance with the
19 compulsory attendance law. If the commissioner finds upon further exam-
20 ination that the district has eliminated the hazardous condition so that
21 a threat to the health or safety of students or staff no longer exists
22 in the building or a part thereof, the commissioner shall forthwith
23 revoke the closure order in whole or in part.
24 2. In the alternative, the commissioner, or a district superinten-
25 dentÕ,å upon the direction of the commissioner, may make an order
26 condemning a school Õhouseå building which is used for instruction, if
27 he or she finds upon examination that such Õschoolhouseå school building
28 is wholly unfit for use and not worth repairing. He or she shall deliver
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1 such order to a trustee or member of the board of education of the
2 district or the board of cooperative educational services, provided that
3 in the case of a city school district in a city having a population of
4 one million or more inhabitants such order shall be delivered to the
5 chancellor of the city district, and transmit a copy thereof to the
6 commissioner or to the district superintendent as appropriate. He or she
7 shall also state in such order the date on which it shall take effect
8 and the sum which in his or her opinion will be necessary to erect a
9 school building available to the needs of the district.
10 Õ2. Immediatelyå 3. a. In the case of a common, union free, central,
11 central high school or city school district in a city having a popu-
12 lation of less than one hundred twenty-five thousand inhabitants, upon
13 the receipt of Õsaidå a condemnation order issued pursuant to subdivi-
14 sion two of this section, the trustees or board of education of such
15 district shall call a special meeting of the voters of said district, to
16 consider the question of building a new Õschoolhouseå instructional
17 school building therein. Such meeting shall have power to determine the
18 size of said Õschoolhouseå instructional school building, the material
19 to be used in its erection, and to vote a tax to build the same. But
20 such meeting shall have no power to reduce the estimate made by the
21 district superintendent or the commissioner aforesaid by more than twen-
22 ty-five per centum of such estimate.
23 Õ3. And whereå b. Where no tax for building such Õschoolhouseå
24 instructional school building shall have been voted by such district in
25 accordance with paragraph a of this subdivision within thirty days from
26 the time of holding the first meeting to consider the question, it shall
27 be the duty of the trustees or board of education of such district to
28 contract for the building of a Õschoolhouseå instructional school build-
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1 ing capable of accommodating the children of the district, and to levy a
2 tax to pay for the same, which tax shall not exceed the sum estimated as
3 necessary by the district superintendent or the commissioner aforesaid,
4 and which shall not be less than such estimated sum by more than twen-
5 ty-five per centum thereof. But such estimated sum may be increased at
6 any subsequent school meeting legally held in the district.
7 c. In the case of a city school district in a city having a population
8 of one hundred twenty-five thousand inhabitants or more, upon issuance
9 of an order of the commissioner condemning a school building pursuant to
10 this section, it shall be the duty of the board of education, the super-
11 intendent of schools or the chancellor of the city district in the case
12 of the city school district of the City of New York and the common coun-
13 cil, mayor, city manager or other governing body or officer of the city
14 government, to make immediate arrangements for a suitable school facili-
15 ty or facilities to accommodate the children of the school building so
16 condemned and to arrange for the appropriation of funds, or the
17 re-prioritizing of the district's long-range facilities plan to make use
18 of existing appropriations, that is necessary to arrange for other
19 facilities to replace the condemned building.
20 § 7. Clause (ii) of subparagraph 7 of paragraph b of subdivision 4 of
21 section 1950 of the education law, as amended by chapter 474 of the laws
22 of 1996 is amended and a new clause (iii) is added to read as follows:
23 (ii) If the board of cooperative educational services chooses to
24 apportion administrative costs and capital expenses according to full or
25 true valuation, special act school districts authorized to receive state
26 aid in accordance with chapter five hundred sixty-six of the laws of
27 nineteen hundred sixty-seven, as amended, shall have their full value
28 for purposes of this section computed by multiplying the resident
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1 weighted average daily attendance by the state average full valuation
2 per pupil as established by the commissioner for the year in which the
3 budget is adopted. The school authorities of each component school
4 district shall add such amount to the budget of such component districts
5 and shall pay such amount to the treasurer of the board of cooperative
6 educational services and shall be paid out by the treasurer upon the
7 orders of the board of cooperative educational services issued and
8 executed in pursuance of a resolution of said board.
9 (iii) In the event a component school district withdraws from a board
10 of cooperative educational services supervisory district pursuant to
11 subdivision five-b of this section, such school district shall continue
12 to be responsible for its share of the capital expenses incurred while
13 it was a component of the board of cooperative educational services,
14 including but not limited to payments to the dormitory authority pursu-
15 ant to an agreement executed by such school district pursuant to para-
16 graph a of subdivision thirteen of this section, payments for a capital
17 project pursuant to an agreement executed by such school district pursu-
18 ant to paragraph a of subdivision fourteen of this section, and rental
19 payments for leases entered into or renewed while such district was a
20 component district. Such capital expenses shall be apportioned to such
21 district in the manner prescribed in this subparagraph as if it had
22 continued to be a component district, provided however that such
23 district shall not be liable for capital expenses incurred for a capital
24 project for which such district did not execute an agreement pursuant to
25 subdivision thirteen or fourteen of this section or for rental payments
26 on leases executed or renewed after it notified the board of cooperative
27 educational services of its withdrawal, unless such district subsequent-
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1 ly rejoins the board of cooperative educational services as a component
2 district.
3 § 8. Subdivision 5 of section 1950 of the education law is amended by
4 adding a new paragraph h to read as follows:
5 h. Notwithstanding any other provision of law to the contrary, for aid
6 payable in the school year two thousand one--two thousand two and there-
7 after, the sum of the amount determined for each component school
8 district pursuant to this subdivision in the current year and the aid
9 payable to such district pursuant to subdivision thirty-nine of section
10 thirty-six hundred two of this chapter in the current year shall not
11 exceed the sum of the amounts payable pursuant to such subdivisions in
12 the base year, by a percentage greater than the percentage increase in
13 the sum for all districts for aids for limiting in the base year, as
14 determined from the school aid computer listing for the base year. For
15 the purpose of this paragraph, "aids for limiting" shall mean the
16 current year aids for limiting as defined in paragraph a of subdivision
17 eighteen of section thirty-six hundred two of this chapter, and "school
18 aid listing for the base year" shall mean the school aid computer list-
19 ing used to determine "moneys apportioned" pursuant to section thirty-
20 six hundred nine-a of this chapter in the school year immediately
21 preceding the current school year.
22 § 9. Section 1950 of the education law is amended by adding a new
23 subdivision 5-b to read as follows:
24 5-b. a. Notwithstanding any other provision of law to the contrary,
25 except as otherwise provided in paragraph b of this subdivision, the
26 trustees or board of education of a school district which is currently a
27 component school district of a board of cooperative educational services
28 may, by a majority vote, withdraw from such board of cooperative educa-
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1 tional services supervisory district as of July first of any school
2 year, provided that such trustees or board notifies the board of cooper-
3 ative educational services in writing on or before the preceding January
4 first of the district's intent to withdraw from the supervisory district
5 at the start of the next school year.
6 b. Where the trustees or board of education of a school district have
7 previously voted to withdraw from a board of cooperative educational
8 services supervisory district pursuant to paragraph a of this subdivi-
9 sion, such trustees or board may, by majority vote, decide to rejoin the
10 board of cooperative educational services supervisory district. Where
11 such a district votes to rejoin, the board of cooperative educational
12 services shall determine the date upon which such district may rejoin as
13 a component district and begin full participation in the program of the
14 board of cooperative educational services, provided that such date shall
15 not be later than one year from the date of receipt of the request to
16 rejoin. Upon rejoining a board of educational services pursuant to this
17 paragraph, the trustees or board of education of such school district
18 may not vote to withdraw from the board of cooperative educational
19 services supervisory district for a period of five years.
20 c. Notwithstanding any other provision of law to the contrary, once
21 the trustees or board of education of a school district notifies the
22 board of cooperative educational services that it has voted to withdraw
23 from the supervisory district, such trustees or board of education shall
24 no longer be eligible to vote on matters brought before the component
25 districts during the remainder of the school year, including but not
26 limited to the administrative budget or the election of members of the
27 board of cooperative educational services, shall no longer be eligible
28 to nominate candidates to such board and shall not be eligible to enter
15 12332-02-0
1 into any agreements relating to facilities of the board of cooperative
2 educational services, and the qualified voters residing in such district
3 shall no longer be eligible to vote on referenda relating to real prop-
4 erty and facilities of the board of cooperative educational services
5 pursuant to subdivision two of section nineteen hundred fifty-one of
6 this article, and residents of such school district shall no longer be
7 eligible for nomination to the board of cooperative educational
8 services. Any current member of the board of cooperative educational
9 services who resides in the school district withdrawing from the board
10 of cooperative educational services shall vacate his or her position as
11 of the effective date of such withdrawal.
12 d. Upon withdrawal from the board of cooperative educational services,
13 the school district shall not be responsible for any future administra-
14 tive expenses of the board of cooperative educational services, except
15 that such district shall continue to be responsible for capital expenses
16 incurred prior to its notification of the board of cooperative educa-
17 tional services of its intent to withdraw to the extent provided in
18 clause (iii) of subparagraph seven of paragraph b of subdivision four of
19 this section.
20 § 10. Subparagraph (i) of paragraph y of subdivision 1 of section 3602
21 of the education law, as amended by section 51-f of Part L of chapter
22 405 of the laws of 1999, is amended to read as follows:
23 (i) "Public excess cost aid base," for the purposes of this section,
24 shall mean:
25 (a) for aid payable in the nineteen hundred ninety-nine--two thousand
26 school year, the aid selected pursuant to paragraph six of subdivision
27 nineteen of this section in the base year; and
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1 (b) for aid payable in the two thousand--two thousand one school year,
2 the product of the aid selected pursuant to subparagraph a of paragraph
3 six of subdivision nineteen of this section in the base year and nine
4 hundred ninety-one thousandthsÕ;
5 (c) for aid payable in the two thousand one--two thousand two school
6 year, the product of the aid selected pursuant to clause one of subpara-
7 graph b of paragraph six of subdivision nineteen of this section in the
8 base year and nine thousand nine hundred thirteen ten-thousandthså.
9 § 11. Subparagraphs 1, 2 and 3 of paragraph a of subdivision 6 of
10 section 3602 of the education law, subparagraphs 1 and 3 as amended by
11 section 14 of part C of chapter 58 of the laws of 1998 and subparagraph
12 2 as amended by section 36 of Part A of chapter 436 of the laws of 1997,
13 are amended to read as follows:
14 (1) For new construction and the purchase of existing structures, the
15 cost allowances shall be based upon the rated capacity of the building
16 or addition and a basic per pupil allowance of up to six thousand three
17 hundred seventy-five dollars adjusted monthly by a statewide index
18 reflecting changes in the cost of labor and materials since July first,
19 nineteen hundred ninety-two, established by the commissioner of labor,
20 modified by an annual county or multi-county labor market composite wage
21 rate, established by the commissioner of labor in consultation with the
22 commissioner, for July first of the base year, commencing July first,
23 nineteen hundred ninety-seven for general construction contracts awarded
24 on or after July first, nineteen hundred ninety-eight, indexed to the
25 median of such county or multi-county rates, but not less than one.
26 Such base allowance shall apply to a building or an addition housing
27 grades prekindergarten through six and shall be adjusted for a building
28 or an addition housing grades seven through nine by a factor of one and
17 12332-02-0
1 four-tenths, for a building or an addition housing grades seven through
2 twelve by a factor of one and five-tenths, for a building or addition
3 housing special education programs by a factor of two, except that where
4 such building or addition is connected to, or such space is located
5 within, a public school facility housing programs for nondisabled
6 pupils, as approved by the commissioner, a factor of three shall be
7 used. Rated capacity of a building or an addition shall be determined by
8 the commissioner based on space standards and other requirements for
9 building construction specified by the commissioner. Such assigned
10 capacity ratings shall include, in addition to those spaces used for the
11 instruction of pupils, those spaces which are used for elementary and
12 secondary school libraries, cafeterias, prekindergarten instructional
13 rooms, teachers' conference rooms, gymnasiums and auditoriums. For new
14 construction projects approved by the qualified voters on or after July
15 first, two thousand, or approved by the board of education of the school
16 district on or after such date where voter approval is not required,
17 such rated capacity for new buildings and additions constructed to
18 replace existing buildings that, in the judgment of the commissioner,
19 have not been adequately maintained and have not reached their projected
20 useful life shall be reduced by the commissioner by an amount propor-
21 tional to the remaining unused portion of the useful life of the exist-
22 ing buildings, provided however that the commissioner may waive such
23 requirement upon a finding that replacement of the existing building is
24 necessary to protect the health and safety of students or staff, that
25 reconstruction and modernization of the existing building would not
26 adequately address such health and safety problems, and that the need to
27 replace the building was not caused by failure to adequately maintain
28 the building. If the commissioner of labor resets the statewide index
18 12332-02-0
1 reflecting changes in the costs of labor and materials since July first,
2 nineteen hundred ninety-two, the commissioner shall adopt regulations to
3 supersede the basic per pupil allowance of up to six thousand three
4 hundred seventy-five dollars to the imputed allowance in effect at that
5 time.
6 (2) Where a school district has expenditures for site purchase, grad-
7 ing or improvement of the site, original furnishings, equipment, machin-
8 ery or apparatus, or professional fees, or other incidental costs, the
9 cost allowances for new construction and the purchase of existing struc-
10 tures may be increased by the actual expenditures for such purposes but
11 by not more than:
12 (i) for projects approved prior to July first, two thousand by the
13 voters of the school district or by the board of education of a city
14 school district in a city with more than one hundred twenty-five thou-
15 sand inhabitants, and/or the chancellor in a city school district in a
16 city having a population of one million or more, an amount equal to the
17 product of the applicable Õcounty or multi-county index of labor market
18 composite wage rateså cost allowance established pursuant to subpara-
19 graph one of this paragraph and twenty per centum for school buildings
20 or additions housing grades prekindergarten through six and by not more
21 than the product of such Õindexå cost allowance and twenty-five per
22 centum for school buildings or additions housing grades seven through
23 twelve and by not more than the product of such Õindexå cost allowance
24 and twenty-five per centum for school buildings or additions housing
25 special education programs as approved by the commissioner.
26 (ii) for projects approved on or after July first, two thousand by the
27 voters of the school district or by the board of education of a city
28 school district in a city with more than one hundred twenty-five thou-
19 12332-02-0
1 sand inhabitants, and/or the chancellor in a city school district in a
2 city having a population of one million or more, an amount equal to the
3 product of the lesser of the cost allowance computed pursuant to subpar-
4 agraph one of this paragraph or the actual costs relating to the
5 construction, acquisition, reconstruction, rehabilitation or improvement
6 of a school building and twenty per centum for school buildings or addi-
7 tions housing grades prekindergarten through six and by not more than
8 the product of such lesser amount and twenty-five per centum for school
9 buildings or additions housing grades seven through twelve and by not
10 more than the product of such lesser amount and twenty-five per centum
11 for school buildings or additions housing special education programs as
12 approved by the commissioner.
13 (3) Cost allowances for reconstructing or modernizing structures shall
14 not exceed one hundred per centum of the cost allowances for the equiv-
15 alent new construction over the projected useful life of the building,
16 to be determined in accordance with the regulations of the commissioner.
17 Reconstruction projects shall reasonably meet the criteria established
18 for new construction, including but not limited to energy, fire,
19 personal safety and space per pupil standards.
20 § 12. Clause (i) of subparagraph 2 of paragraph b of subdivision 6 of
21 section 3602 of the education law, as amended by section 12 of Part L of
22 chapter 405 of the laws of 1999, is amended to read as follows:
23 (i) Eligibility. All school building projects (a) approved by the
24 voters of the school district or (b) approved by the board of education
25 of a city school district in a city with more than one hundred twenty-
26 five thousand inhabitants, and/or the chancellor in a city school
27 district in a city having a population of one million or more or (c) in
28 the case of a construction emergency project, approved by the board of
20 12332-02-0
1 education of any school district or by the chancellor in a city school
2 district in a city having a population of one million or more, for
3 projects approved on or after July first, nineteen hundred ninety-eight,
4 shall be eligible for an additional apportionment pursuant to this
5 subparagraph to the extent that expenditures for such projects are
6 otherwise aidable pursuant to this subdivision, provided that, for all
7 such projects so approved on or after July first, two thousand, only
8 those expenditures directly related to instructional space within a
9 school building as defined by the commissioner shall be eligible for an
10 additional apportionment pursuant to this subparagraph. For purposes of
11 this clause, (A) expenditures directly related to instructional space
12 within a school building shall not include swimming pools, transporta-
13 tion facilities and other noninstructional space as defined by the
14 commissioner, and (B) a construction emergency project shall mean a
15 school construction project approved on or after July Õ1, 2000å first,
16 two thousand, to remediate emergency situations which arise in public
17 school buildings and threaten the health and/or safety of building occu-
18 pants, as a result of the unanticipated discovery of asbestos or other
19 hazardous substances during construction work on a school or significant
20 damage caused by a fire, snow storm, ice storm, excessive rain, high
21 wind, flood or similar catastrophic event which results in the necessity
22 for immediate repair.
23 § 13. Paragraph f of subdivision 6 of section 3602 of the education
24 law, as amended by chapter 474 of the laws of 1996, is amended to read
25 as follows:
26 f. ÕNotwithstandingå (1) (i) For aids payable in the nineteen hundred
27 ninety-six--ninety-seven through the nineteen hundred ninety-nine--two
28 thousand school year, notwithstanding any inconsistent provisions of
21 12332-02-0
1 this subdivision, the amount of current year approved expenditure for
2 debt service for bond anticipation notes and for bonds and capital notes
3 issued during the current year for school building purposes pursuant to
4 paragraph b of this subdivision shall not be greater than the estimate
5 of such expenditures as reported to the commissioner by the school
6 district on or before November fifteenth of the current year. For aid
7 payable in the nineteen hundred ninety-six--ninety-seven through the
8 nineteen hundred ninety-nine--two thousand school year and thereafter,
9 any excess of actual expenditures for such debt service for bond antic-
10 ipation notes and such bonds or capital notes incurred in the base year,
11 within the limitations imposed pursuant to paragraph i of this subdivi-
12 sion, over such estimate of base year expenditures as reported to the
13 commissioner by the school district on or before November fifteenth of
14 the base year shall be considered approved expenditures for capital
15 outlay for school building purposes.
16 (ii) For aids payable in the two thousand--two thousand one school
17 year and thereafter, notwithstanding any inconsistent provisions of this
18 subdivision, the amount of current year approved expenditure for debt
19 service for bond anticipation notes issued to refinance the remaining
20 principal of bond anticipation notes issued during an earlier school
21 year, shall not be greater than the estimate of such expenditures as
22 reported to the commissioner by the school district on or before Novem-
23 ber fifteenth of the current year. For aid payable in the two thou-
24 sand--two thousand one school year and thereafter, any excess of actual
25 expenditures for such debt service for bond anticipation notes incurred
26 in the base year, within the limitations imposed pursuant to paragraph i
27 of this subdivision, over such estimate of base year expenditures as
28 reported to the commissioner by the school district on or before Novem-
22 12332-02-0
1 ber fifteenth of the base year shall be considered approved expenditures
2 for capital outlay for school building purposes.
3 (2) For aids payable in the two thousand--two thousand one school
4 year, notwithstanding any inconsistent provisions of this subdivision,
5 the amount of approved expenditures incurred during the two thousand--
6 two thousand one school year for debt service for bond anticipation
7 notes, bonds and capital notes issued before July first, two thousand
8 for school building purposes pursuant to paragraph b of this subdivision
9 shall not be greater than the estimate of such expenditures as reported
10 to the commissioner by the school district on or before November
11 fifteenth, nineteen hundred ninety-nine. For aid payable in the two
12 thousand one--two thousand two school year, any excess of actual expend-
13 itures for such debt service for such bond anticipation notes, bonds or
14 capital notes incurred in the two thousand--two thousand one school
15 year, within the limitations imposed pursuant to paragraph i of this
16 subdivision, over such estimate as reported to the commissioner by the
17 school district on or before November fifteenth, nineteen hundred nine-
18 ty-nine shall be considered approved expenditures for capital outlay for
19 school building purposes.
20 (3) For aids payable in the two thousand--two thousand one school year
21 and thereafter, notwithstanding any inconsistent provisions of this
22 subdivision, the amount of approved expenditures incurred during the
23 current school year for debt service for bond anticipation notes, bonds
24 and capital notes issued during the current school year for purposes
25 other than to refinance the remaining principal of bond anticipation
26 notes, bonds, or capital notes issued during an earlier school year,
27 within the limitations imposed pursuant to paragraph i of this subdivi-
23 12332-02-0
1 sion, shall be considered approved expenditures for capital outlay for
2 school building purposes.
3 (4) For aids payable in the two thousand--two thousand one school
4 year, and thereafter, notwithstanding any inconsistent provisions of
5 this subdivision, the amount of approved expenditures incurred during
6 the current school year for debt service for bonds and capital notes
7 issued on or after July first, two thousand, shall equal the product of
8 the actual expenditures incurred during the current school year for debt
9 service for each such bond or capital note, less any accrued interest or
10 premiums received by the district, and the applicable bond percent. The
11 applicable bond percent shall equal the product of:
12 (i) one minus the quotient of the number of whole months elapsed
13 between the date of issue of the bond or capital note and the date of
14 the initial payment related to a contract for the erection,
15 construction, reconstruction, alteration or purchase of a building by
16 the school district relating to approved projects funded with the prin-
17 cipal divided by the number of whole months within the term of the bond
18 or capital note; and
19 (ii) the quotient of the approved project costs of such approved
20 projects divided by the total principal borrowed. The applicable bond
21 percent shall be expressed as a decimal to five places without rounding.
22 Notwithstanding any other provisions of this subparagraph, upon review
23 and approval of documentation submitted by a school district that it was
24 necessary to issue bonds and or capital notes more than three months
25 prior to the initial payment related to a contract for the erection,
26 construction, reconstruction, alteration or purchase of a building by
27 the school district relating to approved projects funded, the commis-
28 sioner may compute an applicable bond percent for the purposes of this
24 12332-02-0
1 subparagraph that shall be equal to the quotient of the approved project
2 costs of approved projects funded with the principal divided by the
3 total principal borrowed, or if such bonds or capital notes are issued
4 no more than three months prior to the initial payment related to a
5 contract for the erection, construction, reconstruction, alteration or
6 purchase of a building by the school district relating to approved
7 projects funded, the commissioner shall compute an applicable bond
8 percent for the purposes of this subparagraph that shall be equal to
9 such quotient of the approved project costs of approved projects funded
10 divided by the total principal borrowed.
11 § 14. Subdivision 6 of section 3602 of the education law is amended by
12 adding a new paragraph j to read as follows:
13 j. Notwithstanding any other provision of this subdivision, the
14 approved expenditures used to compute an apportionment pursuant to this
15 subdivision in the current school year shall be reduced by the amount of
16 any revenues received by the school district in the base year from
17 interest and dividends earned from investment of available cash balances
18 of principal amounts borrowed in support of school construction for
19 which an apportionment based on debt service expenditures has been or
20 will be payable pursuant to this subdivision.
21 § 15. Subdivision 6-c of section 3602 of the education law, as added
22 by chapter 170 of the laws of 1994, is amended to read as follows:
23 6-c. Building aid for metal detectors. In addition to the apportion-
24 ments payable to a school district pursuant to subdivision six of this
25 section, the commissioner is hereby authorized to apportion to any
26 school district additional building aid pursuant to this subdivision for
27 its approved expenditures in the base year for the purchase of station-
28 ary metal detectors, portable or hand held metal detectors, security
25 12332-02-0
1 cameras, or other security devices approved by the commissioner that
2 increase the safety of students and school personnel, provided, however,
3 that funds apportioned to school districts pursuant to this section
4 shall not supplant funds for existing district expenditures or for
5 existing contractual obligations of the district for stationary metal
6 detectors, portable or hand held metal detectors, security cameras or
7 security devices. ÕPortable or hand held metal detectors shall not be
8 eligible for aid pursuant to this subdivision.å Such additional aid
9 shall be computed in the manner prescribed in subdivision six of this
10 section using the district's current year building aid ratio, provided
11 that the limitations on cost allowances prescribed by paragraph a of
12 subdivision six of this section shall not apply. The commissioner shall
13 annually prescribe a special cost allowance for metal detectors, port-
14 able or hand held metal detectors and security cameras, and the approved
15 expenditures shall not exceed such cost allowance.
16 § 16. Paragraph c of subdivision 7 of section 3602 of the education
17 law, as amended by chapter 474 of the laws of 1996, is amended to read
18 as follows:
19 c. For the purposes of this apportionment, approved transportation
20 capital, debt service, and lease expense shall be the actual expenditure
21 incurred by a school and approved by the commissioner for those items of
22 transportation capital, debt service and lease expense allowable under
23 subdivision two of section thirty-six hundred twenty-three-a of this
24 article for: (i) the regular aidable transportation of pupils, as such
25 terms are defined in sections thirty-six hundred twenty-one and thirty-
26 six hundred twenty-two-a of this article, (ii) the transportation of
27 children with disabilities pursuant to article eighty-nine of this chap-
28 ter, and (iii) the transportation of homeless children pursuant to para-
26 12332-02-0
1 graph c of subdivision four of section thirty-two hundred nine of this
2 chapter, provided that the total approved cost of such transportation
3 shall not exceed the amount of the total cost of the most cost-effective
4 mode of transportation. Approvable expenses for the purchase of school
5 buses shall be limited to the actual purchase price, or Õthe expense as
6 if the bus were purchased under state contractå an amount established by
7 the commissioner for the model year, bus type, engine class, fuel type
8 and passenger capacity of each bus so purchased, whichever is less. ÕIf
9 theå The commissioner Õdetermines that no comparable bus waså shall
10 annually establish such amount based on an analysis of the cost of buses
11 of similar model year, bus type, engine class, fuel type and passenger
12 capacity available under state contract Õat the time of purchase, the
13 approvable expenses shall be the actual purchase price or the state wide
14 median price of such bus in the most recent base year in which such bus
15 was sold, whichever is less. Such median shall be computed by the
16 commissioner for the purposes of this subdivisionå. Commencing with aid
17 payable in the nineteen hundred ninety-six--ninety-seven school year, no
18 aid shall be payable in the current year for costs incurred for the
19 purchase or lease of a school bus in the base year unless (i) such costs
20 were budgeted by the school district and so reported to the commissioner
21 by November fifteenth of the base year or (ii) such costs were incurred
22 on an emergency basis to replace a school bus that has been rendered
23 unusable due to accident, fire or other similar circumstance, and such
24 emergency and the cost of such replacement were reported to the commis-
25 sioner within sixty days of such replacement; provided, however, that
26 nothing herein shall prohibit the district from claiming aid for such
27 purchase or lease of a school bus in the year following the current
28 school year as if such costs were approved transportation expense
27 12332-02-0
1 incurred during the current year for the purposes of paragraph a of this
2 subdivision and to the extent that such costs are identified to the
3 commissioner by November first of the current year.
4 § 17. Paragraphs f, g and h of subdivision 12 of section 3602 of the
5 education law are REPEALED and a new paragraph f is added to read as
6 follows:
7 f. (1) Notwithstanding any provisions of law to the contrary, for the
8 two thousand--two thousand one school year and thereafter, any school
9 district which meets the higher learning standards set-aside threshold
10 criteria shall set aside a portion of the sum of its aid payable pursu-
11 ant to clause (i) of paragraph a of this subdivision and subdivisions
12 fifteen, sixteen and eighteen of this section for the purposes of
13 academic intervention services pursuant to the plan filed with the
14 commissioner pursuant to regulations.
15 (2) The higher learning standards set-aside threshold criteria shall
16 mean (i) more than fifty percent of the students who took the fourth
17 grade English language arts assessment in the year prior to the base
18 year received scores classified as either level one or level two, (ii)
19 five percent or more of the students who took the fourth grade English
20 language arts assessment in the year prior to the base year received
21 scores classified as level one, and (iii) five or more of the students
22 who took the fourth grade English language arts assessment in the year
23 prior to the base year received scores classified as level one.
24 (3) For districts which meet the higher learning standards threshold
25 criteria,the portion of the sum of the aids payable pursuant to clause
26 (i) of paragraph a of this subdivision and subdivisions fifteen, sixteen
27 and eighteen of this section to be set aside shall equal ten percent
28 where more than twenty percent of the students who took the fourth grade
28 12332-02-0
1 English language arts assessment in the year prior to the base year
2 received scores classified as level one, five percent where more than
3 fifteen percent of the students who took the fourth grade English
4 language arts assessment in the year prior to the base year received
5 scores classified as level one, three percent where more than ten
6 percent of the students who took the fourth grade English language arts
7 assessment in the year prior to the base year received scores classified
8 as level one provided, however, that the portion shall not be less than
9 one percent.
10 § 18. Paragraph d of subdivision 15 of section 3602 of the education
11 law, as amended by section 23 of part L of chapter 405 of the laws of
12 1999, is amended to read as follows:
13 d. Notwithstanding any inconsistent provisions of this article, if
14 such city school district elected to receive operating aid payable in
15 the nineteen hundred Õninety-eight--ninety-nineå ninety-nine--two thou-
16 sand school year under the provisions of this subdivision, approved
17 transportation expense for public service transportation for transporta-
18 tion aid payable in the nineteen hundred Õninety-nine--two thousandå two
19 thousand--two thousand one school year shall not include any expendi-
20 tures to the New York City Metropolitan Transportation Authority for
21 public service transportation during the nineteen hundred Õninety-eight-
22 -ninety-nineå ninety-nine--two thousand school year nor shall such
23 expense be included in approved operating expense.
24 § 19. Subparagraph 1 of paragraph a and paragraphs b and c of subdivi-
25 sion 16 of section 3602 of the education law, subparagraph 1 of para-
26 graph a as amended by chapter 260 of the laws of 1993, paragraph b as
27 added by chapter 57 of the laws of 1993 and paragraph c as amended by
28 chapter 170 of the laws of 1994, are amended to read as follows:
29 12332-02-0
1 (1) "Tax effort ratio" shall mean the quotient of (i) the district's
2 residential real property tax levy less any amounts received pursuant to
3 section thirty-six hundred nine-e of this article in the year following
4 the year for which the residential real property tax levy was imposed
5 divided by (ii) the district's adjusted gross income computed to five
6 decimals without rounding.
7 b. Tax equalization aid. In addition to any other apportionment pursu-
8 ant to this chapter, a school district shall be eligible for an appor-
9 tionment for tax equalization under the provisions of this paragraph.
10 Such apportionment shall equal the product of the total aidable pupil
11 units for tax aid and the positive remainder of the district's expense
12 per pupil in excess of operating and growth aid minus the district's tax
13 yield per pupil, provided, however, that aid payable pursuant to this
14 paragraph in the current year does not exceed aid payable pursuant to
15 this paragraph in the base year.
16 c. Tax effort aid. In addition to any other apportionment pursuant to
17 this chapter, a school district with a pupil wealth ratio, as defined in
18 subdivision one of this section, below two and a tax effort ratio, as
19 defined in paragraph a of this subdivision, greater than thirty-nine
20 thousandths shall be eligible for an apportionment for tax effort under
21 the provisions of this paragraph. Such apportionment shall equal the
22 product of the total aidable pupil units for tax aid and nine hundred
23 twelve dollars and forty-eight cents and the tax effort factor.
24 § 20. The subdivision heading of subdivision 19 of section 3602 of the
25 education law, as added by chapter 57 of the laws of 1993, is amended to
26 read as follows:
27 Excess cost aid for pupils with handicapping conditions payable for
28 the two thousand--two thousand one and prior school years.
30 12332-02-0
1 § 21. Clause 1 of subparagraph b of paragraph 1 of subdivision 19 of
2 section 3602 of the education law, as amended by section 51-g of part L
3 of chapter 405 of the laws of 1999, is amended to read as follows:
4 (1) The attendance of pupils who have been determined by a committee
5 on special education either to require placement for sixty per centum or
6 more of the school day in a special class, or to require home or hospi-
7 tal instruction for a period of more than sixty days, or to require
8 special services or programs for more than sixty per centum of the
9 school day shall be multiplied by a special services weighting. The
10 special services weighting shall be one and seven-tenths, provided,
11 however, that solely for the purposes of calculation of an apportionment
12 pursuant to this subdivision, such special services weighting shall be:
13 (i) for aid payable in the nineteen hundred ninety-nine--two thousand
14 school year, one and seven-tenths;
15 (ii) for aid payable in the two thousand--two thousand one school
16 year, one and sixty-eight hundredths;
17 Õ(iii) for aid payable in the two thousand one--two thousand two
18 school year, one and sixty-five hundredths;å
19 § 22. Subparagraph c of paragraph 1 of subdivision 19 of section 3602
20 of the education law, as amended by chapter 474 of the laws of 1996, is
21 amended to read as follows:
22 c. (1) Expense per pupil for the purposes of computing the apportion-
23 ment payable pursuant to this subdivision for the nineteen hundred nine-
24 ty-nine--two thousand and earlier school years shall be not less than
25 two thousand dollars and not more than the greater of seven thousand one
26 hundred ten dollars or the statewide average of such expense per pupil.
27 Such statewide average expense per pupil shall be computed and rounded
28 to the nearest fifty dollars by the commissioner using the expense and
31 12332-02-0
1 pupils as estimated by school districts or as determined by the commis-
2 sioner for use in determining the expense per pupil of the district
3 pursuant to subdivision one of this section for all districts eligible
4 for aid pursuant to this section. For the purposes of calculating such
5 statewide expense per pupil, the data for the city school district of
6 the city of New York shall be city-wide data.
7 (2) Expense per pupil for the purposes of computing the apportionment
8 payable pursuant to this subdivision for the two thousand--two thousand
9 one school year and the apportionment payable pursuant to paragraph four
10 of subdivision nineteen-a of this section for the two thousand one--two
11 thousand two school year and thereafter shall mean approved operating
12 expense for two years prior to the base year divided by the sum of the
13 total aidable pupil units plus weighted pupils with handicapping condi-
14 tions computed using pupil counts for two years prior to the base year,
15 and shall be limited to not less than two thousand dollars and not more
16 than the greater of seven thousand one hundred ten dollars or the state-
17 wide average of such expense per pupil. Such statewide average expense
18 per pupil shall be computed and rounded to the nearest fifty dollars by
19 the commissioner using the expense and pupils as estimated by school
20 districts or as determined by the commissioner for use in determining
21 the expense per pupil of the district, without limits, pursuant to this
22 clause for all districts eligible for aid pursuant to this section. For
23 the purposes of calculating such statewide expense per pupil, the data
24 for the city school district of the city of New York shall be city-wide
25 data.
26 § 23. Subdivision 19 of section 3602 of the education law is amended
27 by adding a new paragraph 9 to read as follows:
32 12332-02-0
1 9. Excess cost aid for pupils with handicapping conditions payable for
2 the two thousand--two thousand one and prior school years shall be
3 computed pursuant to the provisions of this subdivision. Excess cost aid
4 for pupils with handicapping conditions payable for the two thousand
5 one--two thousand two school year and thereafter shall be computed
6 pursuant to the provisions of subdivision nineteen-a of this section.
7 § 24. Section 3602 of the education law is amended by adding a new
8 subdivision 19-a to read as follows:
9 19-a. Excess cost aid for pupils with disabilities payable for the two
10 thousand one--two thousand two school year and thereafter. 1. Defi-
11 nitions. For the purposes of this subdivision:
12 a. "District enrollment growth factor" shall mean the greater of one
13 or the quotient, expressed as a decimal to four places without rounding,
14 of the sum of the resident public school district enrollment and the
15 resident nonpublic school district enrollment of the school district for
16 the base year divided by the sum of the resident public school district
17 enrollment and the resident nonpublic school district enrollment of the
18 school district for the nineteen hundred ninety-nine--two thousand
19 school year as computed based on data on file with the commissioner as
20 of February first of the base year.
21 b. "District apportionment" shall mean the product of the district
22 enrollment growth factor and the aid selected pursuant to paragraph six
23 of subdivision nineteen of this section in the two thousand--two thou-
24 sand one school year.
25 2. In addition to any other apportionment under this section, school
26 districts shall be eligible for an excess cost apportionment equal to
27 the district apportionment as defined in subparagraph b of paragraph one
28 of this subdivision.
33 12332-02-0
1 3. a. Additional incentive aid for providing programs and services to
2 pupils with disabilities in the least restrictive environment and for
3 preventing unnecessary referrals to special education. School districts
4 demonstrating significant improvement or satisfactory performance in
5 providing programs and services to pupils with disabilities in the least
6 restrictive environment and preventing unnecessary referrals to special
7 education shall qualify for aid pursuant to this paragraph. The total
8 amount of aid to be provided pursuant to this paragraph during the two
9 thousand one--two thousand two school year and thereafter shall not
10 exceed fifty million dollars ($50,000,000), or the appropriation
11 provided therefore, and such aid shall be provided based on a formula
12 developed by the commissioner and approved by the director of the divi-
13 sion of the budget and the chair of the senate finance committee and the
14 chair of the assembly ways and means committee.
15 b. Such formula shall include, but not be limited to, consideration of
16 each school district's relative performance on the following criteria in
17 determining the eligibility of school districts for aid pursuant to this
18 paragraph:
19 (1) the percentage of pupils with disabilities who are declassified by
20 the school district's committee on special education each year and
21 receive declassification support services in a full-time regular educa-
22 tion program;
23 (2) the number of pupils with disabilities who have been classified by
24 the school district's committee on special education expressed as a
25 percent of the district's public and nonpublic enrollment and compared
26 to the percentage of the total public and nonpublic enrollment of the
27 state that represents pupils so classified by all public school
28 districts; and
34 12332-02-0
1 (3) the annual increase or decrease in the number and percentage of
2 the school district's classified pupils, who have been determined by a
3 committee on special education to require special services or programs
4 for sixty per centum or more of the school day, and who receive substan-
5 tially all prescribed special education programs and services in general
6 education classrooms with non-disabled students.
7 c. Such formula shall also include, but not be limited to, consider-
8 ation of the following factors in determining each school district's
9 share of the statewide apportionment:
10 (1) the combined wealth ratio of the district;
11 (2) the percent of eligible applicants for the free and reduced price
12 lunch program in the district;
13 (3) the public school enrollment of the district; and
14 (4) a factor to be determined by the commissioner to insure that the
15 total of all apportionments calculated pursuant to this paragraph do not
16 exceed that appropriation available in that year.
17 d. Apportionments calculated pursuant to this paragraph shall be
18 deemed final upon a date to be determined by the commissioner.
19 4. High excess cost aid for newly enrolled pupils with disabilities.
20 a. Any school district having a pupil with a disability who was enrolled
21 in the school district during the base year but was not so enrolled
22 during the year prior to the base year and for whom the cost, as
23 approved by the commissioner, of appropriate special services or
24 programs provided during the base year exceeds three times the expense
25 per pupil, without limits, of the school district shall be entitled to
26 an additional apportionment pursuant to this paragraph. Such additional
27 apportionment shall be computed for each such child by multiplying the
28 district's high excess cost aid ratio by the amount by which such
35 12332-02-0
1 pupil's approved cost of appropriate special services or programs
2 provided during the base year exceeds three times the district's expense
3 per pupil.
4 b. For the purposes of this subdivision the high excess cost aid ratio
5 shall equal the greater of the difference of one minus the product of
6 fifty-one one hundredths and the combined wealth ratio, or twenty-five
7 one hundredths, and shall be expressed as a decimal carried to three
8 places without rounding.
9 c. In the event the appropriation for purposes of this paragraph in
10 any year is insufficient to pay all claims received pursuant this para-
11 graph, the commissioner shall determine the percentage of the total
12 claims submitted that is represented by each district's claim on file
13 with the commissioner at the time of creation of each data file or
14 fiscal report required by subdivision twenty-one of section three
15 hundred five of this chapter and shall pay such claims based on such
16 prorated basis among all districts filing such claims until the appro-
17 priation is exhausted, provided that such prorated apportionment
18 computed and payable as of September first of the school year immediate-
19 ly following the school year for which such aid is claimed shall be
20 deemed final and not subject to change. For aid payable in the two thou-
21 sand one--two thousand two school year, the aid payable pursuant to this
22 paragraph shall not exceed five million dollars ($5,000,000).
23 § 25. Paragraph e of subdivision 24 of section 3602 of the education
24 law, as amended by chapter 474 of the laws of 1996, is amended to read
25 as follows:
26 e. Employment preparation education apportionment. In addition to any
27 other aid payable under this section, the apportionment pursuant to this
28 subdivision shall be the product obtained when the employment prepara-
36 12332-02-0
1 tion education hours are multiplied by the aid per contact hour which
2 shall equal the product of the employment preparation program aid ceil-
3 ing and the employment preparation education aid ratio computed to two
4 decimals, rounded. Notwithstanding the provisions of section thirty-six
5 hundred nine-a of this article, the payment of such apportionment shall
6 be based upon reports required by the commissioner for the periods
7 ending December thirty-first, and June thirtieth of each school year;
8 payments for the first reporting period shall be made after April first,
9 based on claims on file by March first, provided that the total of all
10 such payments shall not exceed twenty-five percent of the amount for
11 such school year, with the approved amount of such claims reduced on a
12 pro rata basis if necessary; the remainder of any payments due for the
13 first period plus any payments due for the rest of the school year shall
14 be paid after October first, based on claims on file by September
15 fifteenth, provided that the total of such payments shall not exceed the
16 total amount of ninety-six million one hundred eighty thousand dollars
17 ($96,180,000) for such school year, with the approved amount of such
18 claims reduced on a pro rata basis if necessary, provided, however, that
19 for the Õnineteen hundred ninety-five--ninety-sixå two thousand--two
20 thousand one school year and thereafter, such total amount shall not
21 exceed Õninety-fourå ninety million one hundred eighty thousand dollars
22 Õ($94,180,000)å ($90,180,000); and aid paid pursuant to this paragraph
23 shall not be included in the computation of the district expenditure
24 need as defined in such section thirty-six hundred nine-a of this arti-
25 cle. The employment preparation education apportionment for the city
26 school district of the city of New York shall be computed only for the
27 city as a whole.
37 12332-02-0
1 § 26. Subparagraph (i) of paragraph c of subdivision 26-a of section
2 3602 of the education law, as amended by section 30 of part C of chapter
3 58 of the laws of 1998, is amended to read as follows:
4 (i) the district's building aid ratio selected for use in the current
5 year pursuant to clause b of subparagraph two of paragraph c of subdivi-
6 sion six of this section; or
7 § 27. Section 3602 of the education law is amended by adding a new
8 subdivision 39 to read as follows:
9 39. Cooperative services aid. In addition to any other aid computed
10 under the provisions of this section, any school district eligible for
11 comprehensive operating aid pursuant to this section which is a compo-
12 nent school district, or was formerly a component school district, of a
13 board of cooperative educational services shall be eligible for an
14 apportionment computed under this subdivision for approved shared
15 services provided pursuant to an agreement with one or more other school
16 districts to provide a joint service for reasons of efficiency and econ-
17 omy pursuant to article five-g of the general municipal law which would
18 be approvable for aid in accordance with the provisions of section nine-
19 teen hundred fifty of this chapter. Such apportionment shall be computed
20 by multiplying approved shared services expenses by the shared services
21 aid ratio. The shared services aid ratio shall be equal to the ratio
22 used to compute aid under paragraph a of subdivision five of section
23 nineteen hundred fifty of this chapter. Any expenditures aided pursuant
24 to this subdivision shall not be aidable pursuant to subdivisions twen-
25 ty-six or twenty-six-a of this section or section nineteen hundred fifty
26 of this chapter.
38 12332-02-0
1 § 28. Paragraph i of subdivision 12 of section 3602-e of the education
2 law, as amended by section 38 of part L of chapter 405 of the laws of
3 1999, is amended to read as follows:
4 i. commencing July first, nineteen hundred ninety-nine, Õand continu-
5 ing until June thirtieth, two thousand one,å a requirement that the
6 district give preference to serving eligible children who are econom-
7 ically disadvantaged, as defined by the commissioner;
8 § 29. Subdivision 8 of section 3604 of the education law, as amended
9 by section 44 of part L of chapter 405 of the laws of 1999, is amended
10 to read as follows:
11 8. No school shall be in session on a Saturday or a legal holiday,
12 except general election day, Washington's birthday and Lincoln's birth-
13 day, and except that driver education classes may be conducted on a
14 Saturday. A deficiency not exceeding three days during any school year
15 caused by teachers' attendance upon conferences held by superintendents
16 of schools of city school districts or other school districts employing
17 superintendents of schools shall be excused by the commissioner,
18 provided however, notwithstanding any other provision of law, that
19 during the nineteen hundred ninety-two--ninety-three through the Õnine-
20 teen hundred ninety-nine--two thousandå two thousand--two thousand one
21 school years, the commissioner shall excuse a deficiency not exceeding
22 four days during such school year caused by teachers' attendance upon
23 conferences held by such superintendents, provided that at least two
24 such conference days during such school year shall be dedicated to staff
25 attendance upon conferences providing staff development relating to
26 implementation of the new high learning standards and assessments, as
27 adopted by the board of regents. Notwithstanding any other provision of
28 law, rule or regulation to the contrary, school districts may elect to
39 12332-02-0
1 use one or more of such allowable conference days in units of not less
2 than one hour each to provide staff development activities relating to
3 implementation of the new high learning standards and assessments. A
4 district making such election may provide such staff development during
5 the regularly scheduled daily session and apply such units to satisfy a
6 deficiency in the length of one or more daily sessions of instruction
7 for pupils as specified in regulations of the commissioner.
8 § 30. The opening paragraph of section 3609-a of the education law, as
9 amended by section 45 of part L of chapter 405 of the laws of 1999, is
10 amended to read as follows:
11 For aid payable in the nineteen hundred ninety-six--ninety-seven
12 school year and thereafter, "moneys apportioned" shall mean the lesser
13 of (i) the sum of one hundred percent of the respective amount set forth
14 for each school district as payable pursuant to this section in the
15 school aid computer listing for the current year produced by the commis-
16 sioner in support of the budget which includes the appropriation for the
17 general support for public schools for the prescribed payments and indi-
18 vidualized payments due prior to April first for the current year plus
19 the miscellaneous general aid apportionments which shall include:
20 apportionments payable during the current school year pursuant to para-
21 graph g of subdivision two, subdivision five and subdivision thirty-six
22 of section thirty-six hundred two of this article minus any reductions
23 to current year aids pursuant to subdivision seven of section thirty-six
24 hundred four of this article or any deduction from apportionment payable
25 pursuant to this chapter for collection of a school district basic
26 contribution as defined in subdivision eight of section forty-four
27 hundred one of this chapter, or (ii) the apportionment calculated by the
28 commissioner based on data on file at the time the payment is processed
40 12332-02-0
1 provided however, that for the purposes of any payments made pursuant to
2 this section prior to the first business day of June of the current
3 year, moneys apportioned shall not include any aids payable pursuant to
4 subdivisions six and fourteen, if applicable, of section thirty-six
5 hundred two of this article as current year aid for debt service on bond
6 anticipation notes and/or bonds first issued in the current year or any
7 aids payable as growth aid for the current year pursuant to subdivision
8 thirteen of section thirty-six hundred two of this article or any aids
9 payable for full-day kindergarten for the current year pursuant to
10 subdivision twelve-a of section thirty-six hundred two of this article.
11 The definitions of "base year" and "current year" as set forth in subdi-
12 vision one of section thirty-six hundred two of this article shall apply
13 to this section. For aid payable in the Õnineteen hundred ninety-nine--
14 two thousandå two thousand--two thousand one school year, reference to
15 such "school aid computer listing for the current year" shall mean the
16 printouts entitled Õ"SA9900"å "BT008-1".
17 § 31. Subdivision 2 of section 3609-e of the education law is amended
18 by adding a new paragraph h to read as follows:
19 h. On or before March thirty-first a portion of the school tax relief
20 aid payable to the school district for the current year shall be paid
21 equal to one hundred percent of any increase in such aid over the total
22 of such aids paid through the first business day of January, as certi-
23 fied to the commissioner by the office of real property services on or
24 before March first.
25 § 32. Subdivision 10 of section 3635-b of the education law, as
26 amended by chapter 403 of the laws of 1992, is amended to read as
27 follows:
41 12332-02-0
1 10. The cost of providing transportation, pursuant to the provisions
2 of this section, shall not be an ordinary contingent expense and shall
3 not be included as an item of expense for purposes of determining the
4 transportation quota of such district. ÕFurthermore, no change shall be
5 made for transportation aid for such district due to the addition or
6 subtraction of non-quota pupils required for the elimination of hazard.å
7 § 33. Section 3641 of the education law is amended by adding a new
8 subdivision 11 to read as follows:
9 11. Reading for Results Grants. a. Definitions. As used in this subdi-
10 vision:
11 (1) "Base year" shall mean the school year immediately preceding the
12 school year for which a grant is awarded pursuant to this subdivision.
13 (2) "Eligible school district" shall mean a school district eligible
14 for an apportionment pursuant to subdivision eighteen of section thir-
15 ty-six hundred two or section thirty-six hundred two-b of this article,
16 including the city school district of the city of New York on a citywide
17 basis, in which (i) five percent or more of the students who took the
18 fourth grade English language arts assessment in the year prior to the
19 base year received scores classified as level one and (ii) five or more
20 of the students who took the fourth grade English language arts assess-
21 ment in the year prior to the base year received scores classified as
22 level one.
23 (3) "Eligible charter school" shall mean a school established pursuant
24 to article fifty-six of this chapter that elects to provide a remedial
25 summer school program pursuant to this subdivision.
26 (4) "Statewide allocation" for grants payable in the two thousand
27 one--two thousand two school year, shall mean forty million dollars
28 ($40,000,000).
42 12332-02-0
1 b. Authorization of grants. In addition to apportionments otherwise
2 provided pursuant to section thirty-six hundred two of this article, in
3 the two thousand one--two thousand two school year and thereafter, the
4 commissioner is hereby authorized to award grants to eligible school
5 districts and eligible charter schools for services and expenses of the
6 reading for results program, for the purpose of providing support for
7 early grade reading programs in grades two through four or the summer
8 following grade four, through programs that provide:
9 (1) summer reading programs linked to ensuring that students who are
10 promoted to the next grade level have mastered the skills necessary to
11 learn the curriculum of the next grade;
12 (2) summer reading programs for students who took the fourth grade
13 English language arts assessment in the base year and received scores
14 classified as level one;
15 (3) summer reading programs for children with limited English profi-
16 ciency; or
17 (4) intensive reading programs outside of the regular school calendar.
18 c. Grant applications. Eligible school districts or eligible charter
19 schools seeking a basic grant pursuant to this subdivision shall submit
20 an application and district plan or in the case of an eligible charter
21 school, school plan for the approval of the commissioner. Such plan
22 shall be in a form prescribed by the commissioner and shall include, but
23 not be limited to, a proposed budget, and a description of:
24 (1) the anticipated number of students to be served;
25 (2) criteria for student eligibility;
26 (3) performance goals of the program, including test score improvement
27 and program attendance;
28 (4) how performance goals will be met;
43 12332-02-0
1 (5) how performance goals will be measured;
2 (6) a program calendar, including the days of instruction and the
3 number of hours of instruction per day;
4 (7) a plan for permitting participation of qualified literacy volun-
5 teers; and
6 (8) the extent, if any, to which the program will involve partnerships
7 with private corporations and institutions of higher education.
8 d. Award of grants. Grants shall be awarded in accordance with proce-
9 dures and criteria established in regulations of the commissioner. Each
10 eligible school district or eligible charter school approved for funding
11 by the commissioner shall receive a grant award equal to the lesser of:
12 (1) the product of approved program costs and eighty percent;
13 (2) the product of the statewide allocation and the result obtained
14 when the number of students who took the fourth grade English language
15 arts assessment in the year prior to the base year and received scores
16 classified as level one in the district or eligible charter school is
17 divided by the sum of such students in all eligible districts and eligi-
18 ble charter schools that have elected to provide programs pursuant to
19 this subdivision; or
20 (3) the product of the statewide allocation and forty percent.
21 Such grant awards shall become final upon a date to be determined by
22 the commissioner, provided, however that, in the event that the amount
23 appropriated for purposes of this subdivision in any year is more than
24 the sum of the grants payable to eligible school districts and eligible
25 charter schools pursuant to this subdivision, the commissioner shall
26 provide for allocation of the remaining apportionment, including grant
27 awards to school districts and charter schools that did not have
28 students in the fourth grade in the year prior to the base year.
44 12332-02-0
1 e. Payment of grants. Notwithstanding any provision of law to the
2 contrary, fifty percent of such grant shall be payable upon approval of
3 the commissioner. The remaining grant amount shall be payable to each
4 eligible district or eligible charter school upon a demonstration to the
5 satisfaction of the commissioner that its performance goals have been
6 met.
7 f. Use of grant funds. Grant funds awarded pursuant to this subdivi-
8 sion shall be used for the approved expenses of the program as defined
9 by the commissioner.
10 g. Notwithstanding any other provision of law to the contrary, the
11 attendance or enrollment of eligible students attending a reading for
12 results program shall be excluded in determining aid pursuant to section
13 thirty-six hundred two of this article.
14 § 34. Section 3650-c of the education law, as amended by section 71 of
15 part A of chapter 436 of the laws of 1997, is amended to read as
16 follows:
17 § 3650-c. Accident report data base. The commissioner, in consultation
18 with the commissioner of motor vehicles, shall establish an electronic
19 data file containing accident reports relating to school buses and inci-
20 dents of neglect relating to school bus drivers and school transporta-
21 tion officials in dealing with students including, but not limited to,
22 leaving students unattended on the bus, discharging students contrary to
23 regulations and traffic infractions.
24 § 35. Subdivision 6 of section 4402 of the education law, as amended
25 by section 52 of part L of chapter 405 of the laws of 1999, is amended
26 to read as follows:
27 6. Notwithstanding any other law, rule or regulation to the contrary,
28 the board of education of a city school district with a population of
45 12332-02-0
1 one hundred twenty-five thousand or more inhabitants shall be permitted
2 to establish maximum class sizes for special classes for certain
3 students with disabilities in accordance with the provisions of this
4 subdivision. For the purpose of obtaining relief from any adverse fiscal
5 impact from under-utilization of special education resources due to low
6 student attendance in special education classes at the middle and
7 secondary level as determined by the commissioner, such boards of educa-
8 tion shall, during the school years nineteen hundred ninety-five--nine-
9 ty-six through Õnineteen hundred ninety-nine--two thousandå two thousand
10 one--two thousand two, be authorized to increase class sizes in special
11 classes containing students with disabilities whose age ranges are
12 equivalent to those of students in middle and secondary schools as
13 defined by the commissioner for purposes of this section by up to but
14 not to exceed one and two tenths times the applicable maximum class size
15 specified in regulations of the commissioner rounded up to the nearest
16 whole number, provided that in a city school district having a popu-
17 lation of one million or more, classes that have a maximum class size of
18 fifteen may be increased by no more than one student and provided that
19 the projected average class size shall not exceed the maximum specified
20 in the applicable regulation, provided that such authorization shall
21 terminate on June thirtieth, two thousand two. Such authorization shall
22 be granted upon filing of a notice by such a board of education with the
23 commissioner stating the board's intention to increase such class sizes
24 and a certification that the board will conduct a study of attendance
25 problems at the secondary level and will implement a corrective action
26 plan to increase the rate of attendance of students in such classes to
27 at least the rate for students attending regular education classes in
28 secondary schools of the district. Such corrective action plan shall be
46 12332-02-0
1 submitted for approval by the commissioner by a date during the school
2 year in which such board increases class sizes as provided pursuant to
3 this subdivision to be prescribed by the commissioner. Upon at least
4 thirty days notice to the board of education, after conclusion of the
5 school year in which such board increases class sizes as provided pursu-
6 ant to this subdivision, the commissioner shall be authorized to termi-
7 nate such authorization upon a finding that the board has failed to
8 develop or implement an approved corrective action plan.
9 § 36. Section 4406 of the education law is amended by adding a new
10 subdivision 6 to read as follows:
11 6. Notwithstanding any other provision of law to the contrary, no
12 payments shall be made by the commissioner pursuant to this section on
13 or after June thirtieth, two thousand one based on a claim for services
14 rendered, provided however, that no payment shall be barred or reduced
15 where such payment is required as a result of a court order or judgment
16 issued on or after July first, two thousand one or a final audit.
17 § 37. Subdivision 3 of section 4408 of the education law, as amended
18 by section 53 of part L of chapter 405 of the laws of 1999, is amended
19 to read as follows:
20 3. Payment schedule. ÕFor aid payable in the nineteen hundred nine-
21 ty-nine--two thousand school year, moneyså Moneys appropriated annually
22 to the department from the general fund - local assistance account under
23 the elementary, middle and secondary education program for July and
24 August programs for students with disabilities, shall be used as
25 follows: (i) for remaining base year and prior school years obligations,
26 (ii) for the purposes of subdivision four of this section for schools
27 operated under articles eighty-seven and eighty-eight of this chapter,
28 and (iii) notwithstanding any inconsistent provisions of this chapter,
47 12332-02-0
1 for payments made pursuant to this section for current school year obli-
2 gations, provided, however, that such payments shall not exceed seventy
3 percent of the state aid due for the sum of the approved tuition and
4 maintenance rates and transportation expense provided for herein;
5 provided, however, that payment of eligible claims shall be payable in
6 the order that such claims have been approved for payment by the commis-
7 sioner, but in no case shall a single payee draw down more than forty-
8 five percent of the appropriation provided for the purposes of this
9 section, and provided further that no claim shall be set aside for
10 insufficiency of funds to make a complete payment, but shall be eligible
11 for a partial payment in one year and shall retain its priority date
12 status for appropriations provided for this section in future years.
13 § 38. Subdivision 6 of section 4408 of the education law, as added by
14 chapter 82 of the laws of 1995, is amended to read as follows:
15 6. Notwithstanding any other provision of law to the contrary, for
16 aids payable pursuant to this section for the nineteen hundred ninety-
17 eight--ninety-nine and earlier school years no payments shall be made by
18 the commissioner pursuant to this section on or after July first, nine-
19 teen hundred ninety-six based on a claim submitted later than three
20 years after the end of the school year in which services were rendered
21 and, for aids payable pursuant to this section for the nineteen hundred
22 ninety-nine--two thousand school year, no payment shall be made by the
23 commissioner pursuant to this section on or after July first, two thou-
24 sand based on a claim submitted later than two years after the end of
25 the school year in which services were rendered, and for aids payable
26 pursuant to this section for the two thousand--two thousand one school
27 year and thereafter, no payment shall be made by the commissioner pursu-
28 ant to this section on or after July first, two thousand based on a
48 12332-02-0
1 claim submitted later than one year after the end of the school year in
2 which services were rendered provided however that no payment shall be
3 barred or reduced where such payment is required as a result of a court
4 order or judgment or a final audit.
5 § 39. Subparagraph (iii) of paragraph a of subdivision 9 of section
6 4410 of the education law, as amended by section 53-a of part L of chap-
7 ter 405 of the laws of 1999, is amended to read as follows:
8 (iii) Commencing July first, nineteen hundred ninety-six, a moratorium
9 on the approval of any new or expanded programs in settings which
10 include only preschool children with disabilities is established for
11 five years. Exceptions shall be made for cases in which school districts
12 document a critical need for a new or expanded program in a setting
13 which includes only preschool children with disabilities, to meet the
14 projected demand for services for preschool children in the least
15 restrictive environment. Applications for new or expanded programs may
16 be made directly to the state education department. Nothing herein
17 shall prohibit the commissioner from approving the modification of a
18 full-day program into half-day sessions.
19 Commencing July Õ1, 1999å first, nineteen hundred ninety-nine the
20 department shall only approve any new or expanded programs in settings
21 which include only preschool children with disabilities, if the appli-
22 cant can document a critical need for a new or expanded program in a
23 setting which includes only preschool children with disabilities to meet
24 the projected demand for services for preschool children in the least
25 restrictive environment. If the department determines that approval will
26 not be granted, it must notify the applicant, in writing, of its reasons
27 for not granting such approval. The department shall establish guide-
28 lines, within Õ90å ninety days of the effective date of this section
49 12332-02-0
1 which shall state the criteria used to determine if the applicant has
2 demonstrated such a critical need. The department is authorized to
3 consult with the local school district and the municipality to verify
4 any data submitted.
5 On or before December Õ1, 2000å first, two thousand, the commissioner
6 Õof educationå shall submit a report to the board of regents, the major-
7 ity leader of the senate, the speaker of the assembly and governor eval-
8 uating the impact of such moratorium on the availability of preschool
9 special education services. The report shall include: (i) information
10 regarding the number of applications for new programs and program expan-
11 sions and the disposition of those applications by the commissioner;
12 (ii) an assessment of the projected need for additional classes serving
13 only disabled children and those serving disabled children with their
14 non-disabled peers and in other less restrictive settings; (iii) an
15 assessment of the projected need for additional programs due to program
16 closings in the region, number of children receiving early intervention
17 services and existing waiting lists; (iv) an assessment of the distance
18 that children must be transported to receive preschool special education
19 services; (v) an evaluation of the programmatic performance and cost-ef-
20 fectiveness of existing programs; (vi) recommendations regarding ways in
21 which improved quality and cost-effectiveness could be achieved through
22 the selective expansion of effective programs and/or the curtailment of
23 less effective programs; and Õ(vi)å (vii) an assessment of the avail-
24 ability and effectiveness of approved programs providing services to
25 preschool children with autism.
26 § 40. Subparagraph (iii) of paragraph d of subdivision 10 of section
27 4410 of the education law, as amended by chapter 705 of the laws of
28 1992, is amended to read as follows:
50 12332-02-0
1 (iii) On or after July first, nineteen hundred ninety, and annually
2 thereafter until June thirtieth, two thousand one, municipalities shall
3 be eligible for reimbursement for administrative costs incurred during
4 the preceding year of fifty dollars for each eligible preschool child
5 served in such year pursuant to this section. On or after July first,
6 two thousand one, and annually thereafter, municipalities shall be
7 eligible for reimbursement for administrative costs incurred during the
8 preceding year of seventy-five dollars for each eligible preschool child
9 served in such year pursuant to this section. Each municipality shall
10 submit a claim in a form prescribed by the commissioner. Upon approval,
11 reimbursement shall be made by the commissioner from appropriations
12 available therefor. Such reimbursement shall be made in the first
13 instance from any federal funds designated under federal law for local
14 use, as determined by the commissioner, that are available after satis-
15 fying the provisions of subparagraph (i) of this paragraph. To the
16 extent that such federal funds are not sufficient or available to reim-
17 burse a municipality for such costs, reimbursement shall be made with
18 state funds.
19 § 41. Subdivision 11 of section 4410 of the education law is amended
20 by adding a new paragraph d to read as follows:
21 d. Except as otherwise provided in this paragraph, in the school year
22 two thousand two--two thousand three and thereafter, school districts
23 identified as having rates of declassification of preschool children in
24 the prior school year that are significantly below the statewide average
25 shall be responsible for reimbursement of the state in the amount of ten
26 percent of the approved costs of each preschool child residing in the
27 school district. Any school district having a declassification rate more
28 than twenty-five percent below the statewide average declassification
51 12332-02-0
1 rate, as determined by the commissioner, shall be identified as having a
2 declassification rate significantly below the statewide average, except
3 that any school district having less than ten preschool children resid-
4 ing in the school district shall be exempt from such identification.
5 Upon certification by the commissioner that a school district is a
6 school district having a declassification rate significantly below the
7 statewide average, the comptroller shall be authorized to deduct the
8 amount of reimbursement from any state funds due the school district on
9 or after April first of the school year in which such approved costs are
10 paid by the municipality in the first instance. Notwithstanding any
11 other provision of law to the contrary, the commissioner shall adjust
12 the state reimbursement payable to the municipality by an amount equal
13 to forty and five-tenths percent of the reimbursement received from a
14 school district having a rate of declassification significantly below
15 the statewide average, provided, however, that such adjustment shall be
16 reduced by an amount equal to the product of four and five one-hun-
17 dredths percent and any federal participation, pursuant to title XIX of
18 the social security act, in special education programs provided pursuant
19 to this section.
20 § 42. Subdivision 13 of section 4410 of the education law is amended
21 by adding a new paragraph d to read as follows:
22 d. The commissioner shall collect data on the number of preschool
23 students with disabilities served by classification or category of disa-
24 bility in the prior school year and the declassification rate of each
25 school district in the prior school year, and shall annually submit a
26 report of such data to the director of the budget, and the chairs of the
27 assembly ways and means and senate finance committees by March fifteenth
28 of each year, commencing March fifteenth, two thousand one.
52 12332-02-0
1 § 43. The education law is amended by adding a new section 4410-b to
2 read as follows:
3 § 4410-b. Use of certain federal funds. 1. Definitions. For purposes
4 of this section:
5 a. "Approved preschool special education program" shall mean a public
6 or private agency which has been approved by the commissioner as a
7 provider of special education programs or services to preschool students
8 with disabilities pursuant to subdivision nine of section forty-four
9 hundred ten of this article or pursuant to article eighty-five of this
10 chapter.
11 b. "Base year" shall mean the school year next preceding the school
12 year in which funds are sub-allocated pursuant to this section.
13 c. "IEP team" means a committee on special education, a subcommittee
14 on special education, a committee on preschool special education or a
15 subcommittee on preschool special education.
16 d. "Public or private agency" shall mean an approved preschool special
17 education program, or a state-supported school operating pursuant to
18 article eighty-five of this chapter, or an approved private non-residen-
19 tial or residential school that provides special services or programs
20 pursuant to subdivision two of section forty-four hundred one of this
21 article. Such term shall not include an individual providing related
22 services only to preschool students with disabilities pursuant to
23 section forty-four hundred ten of this article. Such term shall include
24 a board of cooperative educational services only to the extent it is an
25 approved preschool special education program, and only for those
26 students provided special education programs or services pursuant to
27 section forty-four hundred ten of this article.
53 12332-02-0
1 2. Preschool grants for children with disabilities. Each school
2 district receiving an allocation of funds pursuant to section six
3 hundred nineteen of the individuals with disabilities education act for
4 the nineteen hundred ninety-nine--two thousand school year or any subse-
5 quent school year shall sub-allocate such funds in accordance with this
6 subdivision to other public and private agencies providing special
7 education services to students ages three to five who were placed in
8 such agency by the school district's IEP team. Such sub-allocations
9 shall be made on a per capita basis, based upon the number of students
10 three to five years of age who were placed in such agency by the school
11 district's IEP team and are served by the public or private agency as of
12 December first of the base year, as reported to the commissioner.
13 Payments of such sub-allocation shall be made in the same proportion as
14 such funds are paid to the school district by the state, within thirty
15 days after:
16 (i) the school district receives any portion of its allocation of
17 funds for the current year pursuant to section six hundred nineteen of
18 the individuals with disabilities education act; or
19 (ii) the school district receives an application for a sub-allocation
20 by a public or private agency, or, for the nineteen hundred ninety-nine-
21 -two thousand school year only, the school district receives notice from
22 the commissioner that such an application for a sub-allocation has been
23 filed with the commissioner; whichever occurs later.
24 3. Federal flow-through funds. Each school district receiving an allo-
25 cation of funds pursuant to section six hundred eleven of the individ-
26 uals with disabilities education act for the nineteen hundred ninety-
27 nine--two thousand school year or any subsequent school year shall
28 sub-allocate such funds in accordance with this subdivision to other
54 12332-02-0
1 public and private agencies providing special education services to
2 students ages three to twenty-one who were placed in such agency by the
3 school district's IEP team. Such sub-allocations shall be made on a per
4 capita basis, based upon the number of students three to twenty-one
5 years of age who were placed in such agency by the school district's IEP
6 team and were served by the public or private agency as of December
7 first of the base year, as reported to the commissioner. Payments of
8 such sub-allocation shall be made in the same proportion as such funds
9 are paid to the school district by the state within thirty days after:
10 (i) the school district receives any portion of its allocation of
11 funds for the current year pursuant to section six hundred eleven of the
12 individuals with disabilities education act; or
13 (ii) the school district receives an application for a sub-allocation
14 by a public or private agency, or, for the nineteen hundred ninety-nine-
15 -two thousand school year only, the school district receives notice from
16 the commissioner that such an application for a sub-allocation has been
17 filed with the commissioner; whichever occurs later.
18 4. Charter schools. Notwithstanding the provisions of subdivisions two
19 and three of this section, any sub-allocation of funds received pursuant
20 to sections six hundred eleven and six hundred nineteen of the individ-
21 uals with disabilities education act shall be made in accordance with
22 section twenty-eight hundred fifty-six of this chapter and the regu-
23 lations of the commissioner implementing such section.
24 § 44. Paragraph (a) of subdivision 7 of section 6206 of the education
25 law, as amended by chapter 344 of the laws of 1995, is amended to read
26 as follows:
27 (a) The board of trustees shall establish positions, departments,
28 divisions and faculties; appoint and in accordance with the provisions
55 12332-02-0
1 of law fix salaries of instructional and non-instructional employees
2 therein; establish and conduct courses and curricula; prescribe condi-
3 tions of student admission, attendance and discharge; and shall have the
4 power to determine in its discretion whether tuition shall be charged
5 and to regulate tuition charges, and other instructional and non-in-
6 structional fees and other fees and charges at the educational units of
7 the city university. The trustees shall not impose a differential
8 tuition charge based upon need or income. All students enrolled in
9 undergraduate programs leading to like degrees at the senior colleges
10 shall be charged a uniform rate of tuition, except for differential
11 tuition rates based on state residency. The trustees shall not adopt
12 changes in tuition charges prior to the enactment of the annual budget.
13 The board of trustees may accept as partial reimbursement for the educa-
14 tion of veterans of the armed forces of the United States who are other-
15 wise qualified such sums as may be authorized by federal legislation to
16 be paid for such education. The board of trustees may conduct on a fee
17 basis extension courses and courses for adult education appropriate to
18 the field of higher education. In all courses and courses of study it
19 may, in its discretion, require students to pay library, laboratory,
20 locker, breakage and other instructional and non-instructional fees and
21 meet the cost of books and consumable supplies. In addition to the fore-
22 going fees and charges, the board of trustees may impose and collect
23 fees and charges for student government and other student activities and
24 receive and expend them as agent or trustee.
25 § 45. The vehicle and traffic law is amended by adding a new section
26 1229-e to read as follows:
27 § 1229-e. Exiting of school bus by driver. (1) No person operating a
28 school bus, as defined in paragraph (a) of subdivision one of section
56 12332-02-0
1 five hundred nine-a of this chapter, shall exit or be absent from the
2 interior of the school bus while any passengers remain on the bus unless
3 extenuating circumstances occur. Prior to exiting the interior of such a
4 bus, every such driver shall examine the entire interior of the bus to
5 determine whether any passengers remain thereon.
6 (2) If after an examination conducted pursuant to subdivision one of
7 this se