New York A 8533: Updates the census numbers used to calculate certain education funding

Bill Text

STATE OF NEW YORK
________________________________________________________________________
8533
2021-2022 Regular Sessions
IN ASSEMBLY
December 13, 2021
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to updating the census
numbers used to calculate certain education funding
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subparagraphs (ii), (iii) and (iv) of paragraph q of subdi-
2 vision 1 of section 3602 of the education law, as amended by section 16
3 of part YYY of chapter 59 of the laws of 2017, are amended to read as
4 follows:
5 (ii) "Census count" shall mean the product of the public school
6 enrollment of the school district on the date enrollment was counted in
7 accordance with this subdivision for the base year multiplied by the
8 census [ ] poverty rate.2000
9 (iii) "Census [ ] poverty rate" shall mean the quotient of the2000
10 number of persons aged five to seventeen within the school district,
11 based on the decennial census conducted [most recent federal in the year
12 ] as tabulated by the National Center on Education Statis-two thousand
13 tics, who were enrolled in public schools and whose families had incomes
14 below the poverty level, divided by the total number of persons aged
15 five to seventeen within the school district, based on such decennial
16 census, who were enrolled in public schools, computed to four decimals
17 without rounding.
18 (iv) "Selected poverty rate" shall mean: (A) for school districts with
19 high concentrations of nonpublic students, the greater of the census
20 [ ] poverty rate or the three-year average small area income and2000
21 poverty estimate poverty rate; and (B) for all other school districts,
22 the three-year average small area income and poverty estimate poverty
23 rate. For the purposes of this subparagraph, "three-year average small
24 area income and poverty estimate poverty rate" shall equal the quotient
25 of (1) the sum of the number of persons aged five to seventeen within
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD13899-01-1

A. 8533 2
1 the school district, based on the small area income and poverty esti-
2 mates produced by the United States census bureau, whose families had
3 incomes below the poverty level for the year two years prior to the year
4 in which the base year began, plus such number for the year three years
5 prior to the year in which the base year began, plus such number for the
6 year four years prior to the year in which the base year began, divided
7 by (2) the sum of the total number of persons aged five to seventeen
8 within the school district, based on such census bureau estimates, for
9 the year two years prior to the year in which the base year began, plus
10 such total number for the year three years prior to the year in which
11 the base year began, plus such total number for the year four years
12 prior to the year in which the base year began, computed to four deci-
13 mals without rounding.
14 § 2. Item 1 of subclause 9 of clause (ii) of subparagraph 2 of para-
15 graph b of subdivision 4 of section 3602 of the education law, as
16 amended by section 10-c of part A of chapter 56 of the laws of 2021, is
17 amended to read as follows:
18 (1) for school districts with a census [ ] poverty rate computed2000
19 pursuant to paragraph q of subdivision one of this section equal to or
20 greater than twenty-six percent (0.26), ten and three-tenths percent
21 (0.103), or
22 § 3. Paragraph b-3 of subdivision 4 of section 3602 of the education
23 law, as amended by section 9-b of part CCC of chapter 59 of the laws of
24 2018, is amended to read as follows:
25 b-3. Due minimum for the two thousand seventeen--two thousand eighteen
26 school year. Notwithstanding any other provision of law to the contrary,
27 for the two thousand seventeen--two thousand eighteen school year the
28 total foundation aid shall not be less than (A) the sum of the total
29 foundation aid base computed pursuant to paragraph j of subdivision one
30 of this section plus the product of (i) the difference of the amount set
31 forth for such school district as "FOUNDATION AID" under the heading
32 "2017-18 ESTIMATED AIDS" in the school aid computer listing produced by
33 the commissioner in support of the executive budget request for the two
34 thousand seventeen--two thousand eighteen school year and entitled
35 "BT171-8" less the amount set forth for such school district as "FOUNDA-
36 TION AID" under the heading "2016-17 BASE YEAR AIDS" in the school aid
37 computer listing produced by the commissioner in support of the execu-
38 tive budget request for the two thousand seventeen--two thousand eigh-
39 teen school year and entitled "BT171-8" multiplied by (ii) one and eigh-
40 teen one-hundredths (1.18), or (B) the product of for