New York A 8708: Relates to prior year state aid adjustments

Status: PRINT NUMBER 8708B (as of 2026-03-19)

State: New York · Session: 2025-2026 · Bill: A 8708

Sponsors: John T. McDonald III

Bill Text

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A08708 Summary:

BILL NOA08708B

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SAME ASSAME AS S08845-B

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SPONSORMcDonald

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COSPNSR

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MLTSPNSR

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Amd §3604, Ed L

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Requires any state aid owed to a school district from a prior year adjustment be paid as part of the first state aid payment of the following school year following the notification of such payments.

Go to top A08708 Actions:

BILL NOA08708B

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06/02/2025referred to education

01/07/2026referred to education

03/10/2026amend and recommit to education

03/10/2026print number 8708a

03/19/2026amend and recommit to education

03/19/2026print number 8708b

Go to topA08708 Committee&nbspVotes:

Go to topA08708 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08708 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8708--B

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 2, 2025
 ___________

 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
 tee on Education -- recommitted to the Committee on Education in
 accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee -- again reported from said committee with amendments, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to prior year state aid
 adjustments

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 5 of section 3604 of the education law, as
 2 amended by chapter 82 of the laws of 1995, paragraph a as amended by
 3 chapter 161 of the laws of 2005, and paragraph b as amended by section
 4 59 of part A of chapter 436 of the laws of 1997, is amended to read as
 5 follows:
 6 5. a. (i) State aid adjustments. All errors or omissions in the appor-
 7 tionment shall be corrected by the commissioner. Whenever a school
 8 district has been apportioned less money than that to which it is enti-
 9 tled, the commissioner may allot to such district the balance to which
 10 it is entitled. Whenever a school district has been apportioned more
 11 money than that to which it is entitled, the commissioner may, by an
 12 order, direct such moneys to be paid back to the state to be credited to
 13 the general fund local assistance account for state aid to the schools,
 14 or may deduct such amount from the [next] first apportionment to be made
 15 in the subsequent school year to said district[, provided].
 16 (ii) Provided, however, that, upon notification of excess payments of
 17 aid for which a recovery must be made by the state through deduction of
 18 future aid payments, where the total amount to be recovered is in
 19 excess of one percent of the district's total general fund expenditures
 20 for the preceding school year, a school district may request that such
 21 excess payments be recovered by deducting such excess payments from the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13063-05-6

 A. 8708--B 2

 1 payments due to such school district and payable in the [month of June
 2 in (i)] first available apportionment of the school year following the
 3 school year in which such notification was received and [(ii)] the two
 4 succeeding school years, provided further that there shall be no inter-
 5 est penalty assessed against such district or collected by the state.
 6 Such request shall be made to the commissioner in such form as the
 7 commissioner shall prescribe[, and shall be based on documentation that
 8 the total amount to be recovered is in excess of one percent of the
 9 district's total general fund expenditures for the preceding school
 10 year]. The amount to be deducted in the first year shall be the greater
 11 of [(i)] (A) the sum of the amount of such excess payments that is
 12 recognized as a liability due to other governments by the district for
 13 the preceding school year and the positive remainder of the district's
 14 unreserved fund balance at the close of the preceding school year less
 15 the product of the district's total general fund expenditures for the
 16 preceding school year multiplied by five percent, or [(ii)] (B) one-
 17

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