Current through Register Vol. 46, No. 12, March 20, 2024
(a) Allowable expenses for repairs that may
be used to calculate the apportionment of extraordinary school capital needs
aid pursuant to sections 1 and 2 of chapter 64 of the Laws of 1994 shall mean
expenditures recorded in the school district's special aid fund related to
maintaining and repairing instructional school facilities, including expenses
for minor repair and improvement activities performed to remedy existing minor
maintenance deficiencies and expenses for periodic, scheduled maintenance
activities intended to mitigate the need for extensive capital renovation and
rehabilitation in the future. Such expenses may include heating, ventilation
and air conditioning repairs, electrical system repairs, plumbing repairs, and
general repairs, including, but not limited to roof, floor, wall and window
repairs, including painting and patching. Allowable expenses shall not include
any expenses eligible for building aid under provisions of subdivision 6 of
section
3602 of the Education Law.
(b) Application for the apportionment.
(1) The city school district of New York
shall submit an application for the apportionment provided pursuant to section
1 of chapter 64 of the Laws of 1994, which shall consist of the report required
by subdivision (c) of such section.
(2) For school districts claiming an
apportionment for the extraordinary school capital needs program pursuant to
section 2 of chapter 64 of the Laws of 1994, any reports submitted to the
commissioner pursuant to subdivision (d) of this section shall be deemed to be
an application for the apportionment.
(c) Reports of expenditures on maintenance
and repair projects required of the city school district of New York.
(1) On or before March 1, 1995, the city
school district of New York shall submit to the commissioner a certified report
of expenditures made through February 1, 1995, from the special aid fund of the
city school district for programs funded from the extraordinary school capital
needs program for New York City pursuant to section 1 of chapter 64 of the Laws
of 1994. Such report shall indicate by community school district, high school
district and group of special education buildings the amount of expenditures
for those minor maintenance and repair projects identified for funding pursuant
to subdivisions (c) and (d) of section 1 of chapter 64 of the Laws of
1994.
(2) On or before August 1,
1995, the city school district of New York shall submit to the commissioner a
certified report of expenditures made through June 30, 1995, from the special
aid fund of the city school district for programs funded from the extraordinary
school capital needs program for New York City pursuant to section 1 of chapter
64 of the Laws of 1994. Such report shall indicate by community school
district, high school district and group of special education buildings the
amount of expenditures for those minor maintenance and repair projects
identified for funding pursuant to subdivisions (c) and (d) of section 1 of
chapter 64 of the Laws of 1994.
(3)
On or before December 1, 1994, the city school district of New York shall
submit to the commissioner a separate certified report for each of the 1993-94
and 1994-95 school years of all expenditures recorded to the general fund of
the city school district related to maintaining and repairing instructional
school facilities, including expenses for minor repairs and improvement
activities performed to remedy existing minor maintenance deficiencies and
expenses for periodic, scheduled maintenance activities intended to mitigate
the need for extensive capital renovation and rehabilitation in the future.
Based on these reports the commissioner shall identify any positive difference
of such 1993-94 expenditures minus such 1994-95 expenditures, and the
apportionment payable to the city school district of New York under section 1
of chapter 64 of the Laws of 1994 or under section
3602 of the Education Law and section
3609-a of the Education Law shall be
reduced in any amount equal to the amount of such identified positive
difference.
(d) Reports
of expenditures on maintenance and repair projects required of school districts
outside of New York City.
(1) On or before
March 1, 1995, any school district claiming an apportionment for the
extraordinary school capital needs program pursuant to section 2 of chapter 64
of the Laws of 1994 shall submit a certified report to the commissioner of the
total expenditures incurred through February 1, 1995, in support of the
activities of such program.
(2) On
or before August 1, 1995, any school district claiming an apportionment for the
extraordinary school capital needs program pursuant to section 2 of chapter 64
of the Laws of 1994 shall submit a certified report to the commissioner of the
total expenditures incurred through June 30, 1995 in support of the activities
of such program.
(3) On or before
December 1, 1995, any school district receiving an apportionment for the
extraordinary school capital needs program pursuant to section 2 of chapter 64
of the Laws of 1994 shall report to the commissioner any positive difference of
the initial 1994-95 budgetary appropriation from appropriation account A1621 of
the uniform system of accounts for school districts, as approved by the school
district prior to July 1, 1994, minus the actual expenditures recorded to such
accounts for the fiscal period ending June 30, 1995. Such report shall
demonstrate to the satisfaction of the commissioner that any such positive
difference does not represent the supplanting of local funds with funding
provided pursuant to section 2 of chapter 64 of the Laws of 1994, or the school
district shall have its apportionment under sections
3602 and
3609-a of the Education Law reduced in an
amount equal to the amount of such positive difference that the commissioner
determines represents supplanted funds.
