Current through Register Vol. 46, No. 12, March 20, 2024
(a) Definitions. For the purposes of this
section:
(1) New school district shall mean a
new school district as defined in paragraph e of subdivision 1 of section
2218 of the Education Law.
(2) Pre-existing school district shall mean a
pre-existing school district as defined in paragraph f of subdivision 1 of
section
2218 of the Education Law.
(3) Remaining school district shall mean a
remaining school district as defined in paragraph g of subdivision 1 of section
2218 of the Education Law.
(4) Initial public school district enrollment
shall mean the sum as reported to the commissioner of:
(i) the number of children on a regular
enrollment register of a new school district or a remaining school district on
the last day of the first attendance period immediately following the effective
date of the reorganization;
(ii)
the number of children eligible to receive home instruction in the school
district on such date;
(iii) the
number of children for whom equivalent attendance must be computed pursuant to
subdivision 1 of section
3602 of the Education Law on such
date;
(iv) the number of children
with disabilities who are residents of such district who are registered on such
date to attend programs under the provisions of paragraph c of subdivision 2 of
section
4401 of
the Education Law;
(v) the number
of children eligible to receive educational services on such date but not
claimed for aid pursuant to subdivision 7 of section
3202 of the Education Law; and
(vi) the number of children registered on
such date to attend programs pursuant to subdivision 2 of section
355 of the Education Law or pursuant to an
agreement between the city school district of the city of New York and Hunter
College pursuant to section
6216 of the
Education Law.
(5)
Initial nonpublic school enrollment within the district shall mean the number
of children on a regular enrollment register of a nonpublic school meeting the
compulsory attendance law and located within the boundaries of the new school
district or the remaining school district for which enrollment is being
determined, as reported to the commissioner by such new school district or by
such remaining school district on the last day of the first attendance period
immediately following the effective date of the reorganization.
(6) Initial resident public school district
enrollment shall mean the initial public school district enrollment less the
initial public school district enrollment of nonresident pupils attending
public schools in the district, plus the initial public school district
enrollment of pupils resident in the district but attending public schools in
another district or state plus the initial public school district enrollment of
pupils resident in the district but attending full-time a school operated by a
board of cooperative educational services or a county vocational education and
extension board. Indian pupils who are residents of any portion of a
reservation located wholly or partly within the borders of the State pursuant
to subdivision 4 of section
4101 of the Education Law and are attending
public school, or pupils living on the United States military reservation at
West Point attending public school, shall be deemed to be resident pupils of
the district providing such school, for purposes of this paragraph. Where a
school district has entered into a contract with the State University pursuant
to subdivision 2 of section
355 of the Education Law under which the
school district makes payments in the nature of tuition for the education of
certain children residing in the district, such children for whom such tuition
payments are made shall be deemed to be resident pupils of such district for
the purposes of this paragraph.
(7)
Initial resident nonpublic school enrollment shall mean the number of children
who are residents of the district for which enrollment is being determined and
are on a regular enrollment register of a nonpublic school meeting the
compulsory attendance law on the last day of the first attendance period
immediately following the effective date of the reorganization as such number
is reported to the commissioner by such new school district or by such
remaining school district.
(8)
Initial resident pupils with disabilities shall mean the number of pupils with
disabilities, as reported to the commissioner by the new school district or by
the remaining school district, who are residents of the district for which
enrollment is being determined and are registered, as of the last day of the
first attendance period immediately following the effective date of the
reorganization, to receive special education services or attend programs which
meet criteria established by the commissioner and are operated by a public
school district or a board of cooperative educational services.
(9) Length of school year adjustment factor
shall mean the quotient, expressed as a decimal to five places without
rounding, of the total number of calendar days from and including the effective
date of the reorganization to and including June 30th of the school year in
which the reorganization became effective divided by 365.
(10) Aid to be apportioned shall mean any
aids that would have been payable during the current school year to the
pre-existing district if partitioning had not occurred pursuant to:
(i) paragraph g of subdivision 2 of section
3602 of the Education Law, tuition
adjustment aid;
(ii) subdivision 7
of section
3602 of the Education Law, transportation
aid;
(iii) subdivision 18 of
section
3602 of the Education Law, aids subject to
transition;
(iv) paragraph e of
subdivision 12 of section
3602 of the Education Law, extraordinary
needs aid;
(v) subdivision 12-a of
section
3602 of the Education Law, aid for
conversion to full day kindergarten;
(vi) subdivision 13 of section
3602 of the Education Law, growth
aid;
(vii) subdivision 20 of
section
3602 of the Education Law, shared services
aid;
(viii) subdivision 21 of
section
3602 of the Education Law, tax limitation
aid;
(ix) subdivision 22 of section
3602 of the Education Law, limited English
proficiency aid;
(x) subdivision 23
of section
3602 of the Education Law, gifted and
talented program aid;
(xi)
subdivision 26 of section
3602 of the Education Law, instructional
computer hardware and technology equipment aid;
(xii) subdivision 26-a of section
3602 of the Education Law, aid for
instructional computer technology;
(xiii) subdivision 32 of section
3602 of the Education Law, educationally
related support services aid;
(xiv)
subdivision 36 of section
3602 of the Education Law, urban-suburban
transfer program aid;
(xv)
subdivision 38 of section
3602 of the Education Law, operating
standards aid;
(xvi) section
701 of the Education Law, textbook
aid;
(xvii) section
711 of the Education Law, library materials
aid;
(xviii) section
751 of the Education Law, computer software
aid;
(xix) subdivision 5 of section
1950 of the Education Law, BOCES
aid;
(xx) subdivision 19 of section
3602 of the Education Law, public excess
cost aid; and
(xxi) any other aids
that may be identified for this purpose by statute or by the
commissioner.
(11)
Adjusted aid shall mean the product, expressed as a whole number to the next
higher dollar, of the aid to be apportioned and the length of school year
adjustment factor.
(b)
Apportionment of moneys to the new school district. There shall be apportioned
to the new school district during the first school year of reorganization an
amount equal to the sum of the amounts computed pursuant to paragraphs (1)-(4)
of this subdivision as follows:
(1) an amount
equal to the product of the quotient, expressed as a decimal to four places, of
the initial public school district enrollment of the new school district
divided by the sum of such enrollments for the new school district and the
remaining school district multiplied by the sum of the following adjusted aids:
(i) tuition adjustment aid;
(ii) transportation aid;
(iii) aids subject to transition;
(iv) extraordinary needs aid;
(v) aid for conversion to full day
kindergarten;
(vi) growth
aid;
(vii) shared services
aid;
(viii) tax limitation
aid;
(ix) limited English
proficiency aid;
(x) gifted and
talented program aid;
(xi)
instructional computer hardware and technology equipment aid;
(xii) aid for instructional computer
technology;
(xiii) educationally
related support services aid;
(xiv)
urban-suburban transfer program aid;
(xv) operating standards aid;
(xvi) BOCES aid; and
(xvii) any other aids that may be identified
for this purpose by statute or by the commissioner;
(2) an amount equal to the product of the
quotient, expressed as a decimal to four places, of the sum of the initial
resident public school district enrollment and initial resident nonpublic
school enrollment of the new school district divided by the sum of such
enrollments for the new school district and the remaining school district
multiplied by the sum of the following adjusted aids:
(i) textbook aid; and
(ii) any other aids that may be identified
for this purpose by statute or by the commissioner;
(3) an amount equal to the product of the
quotient, expressed as a decimal to four places, of the sum of the initial
public school district enrollment and initial nonpublic school enrollment of
the new school district divided by the sum of such enrollments for the new
school district and the remaining school district multiplied by the sum of the
following adjusted aids:
(i) library
materials aid;
(ii) computer
software aid; and
(iii) any other
aids that may be identified for this purpose by statute or by the commissioner;
and
(4) an amount equal
to the product of the quotient, expressed as a decimal to four places, of the
sum of the initial resident pupils with disabilities of the new school district
divided by the sum of such initial resident pupils with disabilities for the
new school district and the remaining school district multiplied by the sum of
the following adjusted aids:
(i) public
excess cost aid; and
(ii) any other
aids that may be identified for this purpose by statute or by the
commissioner.
(c) Apportionment of moneys to the remaining
school district. There shall be apportioned to the remaining school district
during the first school year of reorganization an amount equal to the sum of
the amounts computed pursuant to paragraphs (1)-(5) of this subdivision as
follows:
(1) an amount equal to the product
of the quotient, expressed as a decimal to four places, of the initial public
school district enrollment of the remaining school district divided by the sum
of such enrollments for the new school district and the remaining school
district multiplied by the sum of the following adjusted aids:
(i) tuition adjustment aid;
(ii) transportation aid;
(iii) aids subject to transition;
(iv) extraordinary needs aid;
(v) aid for conversion to full day
kindergarten;
(vi) growth
aid;
(vii) shared services
aid;
(viii) tax limitation
aid;
(ix) limited English
proficiency aid;
(x) gifted and
talented program aid;
(xi)
instructional computer hardware and technology equipment aid;
(xii) aid for instructional computer
technology;
(xiii) educationally
related support services aid;
(xiv)
urban-suburban transfer program aid;
(xv) operating standards aid;
(xvi) BOCES aid; and
(xvii) any other aids that may be identified
for this purpose by statute or by the commissioner;
(2) an amount equal to the product of the
quotient, expressed as a decimal to four places, of the sum of the initial
resident public school district enrollment and initial resident nonpublic
school enrollment of the remaining school district divided by the sum of such
enrollments for the new school district and the remaining school district
multiplied by the sum of the following adjusted aids:
(i) textbook aid; and
(ii) any other aids that may be identified
for this purpose by statute or by the commissioner;
(3) an amount equal to the product of the
quotient, expressed as a decimal to four places, of the sum of the initial
public school district enrollment and initial nonpublic school enrollment
within the district of the remaining school district divided by the sum of such
enrollments for the new school district and the remaining school district
multiplied by the sum of the following adjusted aids:
(i) library materials aid;
(ii) computer software aid; and
(iii) any other aids that may be identified
for this purpose by statute or by the commissioner;
(4) an amount equal to the product of the
quotient, expressed as a decimal to four places, of the sum of the initial
resident pupils with disabilities of the remaining school district divided by
the sum of such initial resident pupils with disabilities for the new school
district and the remaining school district multiplied by the sum of the
following adjusted aids:
(i) public excess
cost aid; and
(ii) any other aids
that may be identified for this purpose by statute or by the commissioner;
and
(5) an amount equal
to the difference of the sum of the aids to be apportioned minus the sum of the
adjusted aids.
(d)
Apportionment of moneys to the new school district and to the remaining school
district pursuant to subdivisions 6, 6-a, 6-b and 6-d of section
3602 of the Education Law. The
apportionments payable pursuant to subdivisions 6, 6-a, 6-b and 6-d of section
3602 of the Education Law related to
capital expenditures for construction, acquisition, lease, reconstruction,
rehabilitation or improvement of a school facility shall be paid to the school
district to which such facility has been transferred pursuant to the plan for
reorganization as approved pursuant to paragraph d of subdivision 3 of section
2218 of the Education Law, provided that
any such apportionment computed on approved debt service related to such
capital expenditures shall be paid to the school district that, pursuant to
such approved plan for reorganization, is responsible for the bonded
indebtedness of the pre-existing school district upon which such debt service
expenditures are payable.