A09798 Summary:  Provides for the calculation of public excess cost aid to school districts


BILL NO    A09798


SAME AS    No same as


SPONSOR    Giglio


COSPNSR    Mirones, Kolb, Barra, Finch, Errigo


MLTSPNSR   Bacalles, Burling, Calhoun, Crouch, McDonough, Miller, Oaks, Sayward,

           Walker


Amd S3602, Ed L; amd Part L S104, Chap 405 of 1999


Provides for the annual calculation of public excess cost aid to school

districts; allows public excess cost aid for pupils with handicapping

conditions to be received by schools in the current year.


A09798 Actions:

BILL NO    A09798


02/01/2006 referred to education


A09798 Votes:


A09798 Memo:

 BILL NUMBER:  A9798


 TITLE OF BILL :  An act to amend the education law, in relation to

public excess cost aid for school districts; and to amend chapter 405

of the laws of 1999, amending the real property tax law and other laws

relating to improving the administration of the school tax relief

(STAR) program, in relation to making permanent certain provisions

thereof


 PURPOSE OR GENERAL IDEA OF BILL :  To amend the Education Law to

allow public excess cost aid for pupils with handicapping conditions

to be received by schools in the current year.


 SUMMARY OF SPECIFIC PROVISIONS :  The bill amends various provisions

of section 3602 of the education law to provide that excess cost aid

more accurately reflect a current year`s expenses. Starting in the

2006-07 school year, districts would receive excess cost aid

reimbursement for a child who is currently enrolled in a school

district who was not enrolled in a district at the start of the school

year. Under existing law a district`s excess cost aid reimbursement is

based on the number of disabled students who are enrolled at the start

of the school year. As a result a school district would have to wait

an additional year before state aid accurately reflects the true cost

of their student population.


 JUSTIFICATION :


This bill would allow school districts to have their state aid reflect

the true cost of their student population. There are many students

that change school districts in a school year and the state aid should

follow that student and not lag behind. This bill would also help ease

the already overwhelming burden of school budgets, because funding

would follow the student.


 PRIOR LEGISLATIVE HISTORY :


2005: A.5690 (Young)

2004: A.10503 (Young)


 FISCAL IMPLICATIONS : Undetermined


 EFFECTIVE DATE :  This act shall take effect immediately, with

provisions outlined in Section 4.



S T A T E   O F   N E W   Y O R K

       ________________________________________________________________________


                                         9798


                                 I N  A S S E M B L Y


                                   February 1, 2006

                                      ___________


       Introduced  by  M.  of A. GIGLIO, MIRONES, KOLB, BARRA, FINCH, ERRIGO --

         Multi-Sponsored by -- M. of A.  BACALLES,  BURLING,  CALHOUN,  CROUCH,

         McDONOUGH,  MILLER, OAKS, SAYWARD, WALKER -- read once and referred to

         the Committee on Education


       AN ACT to amend the education law, in relation to public excess cost aid

         for school districts; and to amend chapter 405 of the  laws  of  1999,

         amending  the real property tax law and other laws relating to improv-

         ing the administration of the school tax  relief  (STAR)  program,  in

         relation to making permanent certain provisions thereof


         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-

       BLY, DO ENACT AS FOLLOWS:


    1    Section 1. Subparagraph (i) of paragraph y of subdivision 1 of section

    2  3602 of the education law, as added by chapter 474 of the laws of  1996,

    3  is amended to read as follows:

    4    (i) {"Public} FOR AID PAYABLE IN THE SCHOOL YEAR TWO THOUSAND SIX--TWO

    5  THOUSAND  SEVEN, "PUBLIC excess cost aid base," for the purposes of this

    6  section, shall mean the aid selected pursuant to SUBPARAGRAPH A OF para-

    7  graph six of subdivision nineteen of this  section  in  the  base  year.

    8  {For  aid  payable in the school year nineteen hundred ninety-six--nine-

    9  ty-seven, such public excess cost aid  base  shall  be  reduced  by  the

   10  excess  cost aid for pupils with handicapping conditions received in the

   11  base year attributable to clause four of subparagraph b of paragraph one

   12  of subdivision nineteen of this section. Such aid attributable shall  be

   13  calculated  by  multiplying  aid calculated in the base year pursuant to

   14  paragraph four of subdivision nineteen of this section by  the  quotient

   15  of  (i)  the product of thirteen hundredths and the resident pupils with

   16  handicapping conditions for the year prior to the  base  year  who  were

   17  eligible  for  aid  in the base year pursuant to clause four of subpara-

   18  graph b of paragraph one of subdivision nineteen of this section divided

   19  by (ii) resident weighted pupils with handicapping  conditions  for  the

   20  year  prior  to  the  base year.} FOR AID PAYABLE IN THE SCHOOL YEAR TWO

   21  THOUSAND SEVEN--TWO THOUSAND EIGHT AND THEREAFTER, "PUBLIC  EXCESS  COST

   22  AID BASE," FOR THE PURPOSES OF THIS SECTION, SHALL MEAN THE AID SELECTED


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                             { } is old law to be omitted.

                                                                  LBD02320-02-6


       A. 9798                             2


    1  PURSUANT  TO  SUBPARAGRAPH B OF PARAGRAPH SIX OF SUBDIVISION NINETEEN OF

    2  THIS SECTION IN THE BASE YEAR.

    3    S  2.  Paragraphs  5  and  6  of subdivision 19 of section 3602 of the

    4  education law, paragraph 5 as added by chapter 57 of the  laws  of  1993

    5  and  paragraph 6 as amended by section 18 of part A of chapter 60 of the

    6  laws of 2000, are amended to read as follows:

    7    5. A. A school district having a pupil with a  handicapping  condition

    8  for  whom  the  cost,  as  approved  by the commissioner, of appropriate

    9  special services or programs exceeds the lesser of ten thousand  dollars

   10  or  four times the expense per pupil without limits shall be entitled to

   11  an additional apportionment for each such child computed by  multiplying

   12  the  district`s excess cost aid ratio by the amount by which such {cost}

   13  PUPIL`S APPROVED COST DURING THE  BASE  YEAR  exceeds  three  times  the

   14  district`s  expense  per  pupil without limits, PROVIDED THAT THE SUM OF

   15  THE ADDITIONAL APPORTIONMENT PAYABLE TO A SCHOOL DISTRICT  FOR  A  PUPIL

   16  PURSUANT TO THIS SUBPARAGRAPH IN THE CURRENT YEAR PLUS ANY APPORTIONMENT

   17  PAYABLE TO SUCH SCHOOL DISTRICT FOR SUCH PUPIL IN THE BASE YEAR PURSUANT

   18  TO SUBPARAGRAPH B OF THIS PARAGRAPH SHALL NOT EXCEED ONE HUNDRED PERCENT

   19  OF SUCH EXCESS.

   20    B.    A  SCHOOL DISTRICT HAVING A PUPIL WITH A HANDICAPPING CONDITION,

   21  WHO IS ENROLLED IN THE SCHOOL DISTRICT FOR THE CURRENT YEAR BUT WAS  NOT

   22  SO  ENROLLED FOR THE BASE YEAR AND FOR WHOM THE COST, AS APPROVED BY THE

   23  COMMISSIONER, OF APPROPRIATE SPECIAL SERVICES OR  PROGRAMS  EXCEEDS  THE

   24  LESSER OF TEN THOUSAND DOLLARS OR FOUR TIMES THE EXPENSE PER PUPIL WITH-

   25  OUT  LIMITS  SHALL  BE  ENTITLED TO AN ADDITIONAL APPORTIONMENT FOR EACH

   26  SUCH CHILD COMPUTED BY MULTIPLYING THE DISTRICT`S EXCESS COST AID  RATIO

   27  BY  THE  AMOUNT  BY  WHICH SUCH PUPIL`S APPROVED COST DURING THE CURRENT

   28  YEAR EXCEEDS THREE  TIMES  THE  DISTRICT`S  EXPENSE  PER  PUPIL  WITHOUT

   29  LIMITS.

   30    6.  a. {For aid payable in the nineteen hundred ninety-nine--two thou-

   31  sand and  two  thousand--two  thousand  one  school  years,  any  school

   32  district  may  receive  the aid computed under paragraphs four, five and

   33  seven of this subdivision in the current year or the public excess  cost

   34  aid base.

   35    b.}  For  aid payable in the {school year} two thousand one--two thou-

   36  sand two {and thereafter} THROUGH TWO THOUSAND SIX--TWO  THOUSAND  SEVEN

   37  SCHOOL YEARS, any school district may receive the sum of:

   38    (1)  the  aid  computed  under paragraphs four, five and seven of this

   39  subdivision in the current year or the public excess cost aid base, and

   40    (2) the aid computed under paragraph four-a of this subdivision in the

   41  current year.

   42    B. FOR AID PAYABLE IN THE SCHOOL YEAR TWO THOUSAND SEVEN--TWO THOUSAND

   43  EIGHT AND THEREAFTER, ANY SCHOOL DISTRICT MAY RECEIVE THE SUM OF:

   44    (1) THE AID COMPUTED UNDER SUBPARAGRAPH B OF PARAGRAPH  FIVE  OF  THIS

   45  SUBDIVISION, AND

   46    (2)  THE AID COMPUTED UNDER SUBPARAGRAPH A OF PARAGRAPH FIVE AND PARA-

   47  GRAPHS FOUR AND SEVEN OF THIS SUBDIVISION IN THE  CURRENT  YEAR  OR  THE

   48  PUBLIC EXCESS COST AID BASE, AND

   49    (3) THE AID COMPUTED UNDER PARAGRAPH FOUR-A OF THIS SUBDIVISION IN THE

   50  CURRENT YEAR.

   51    S  3.  Subdivision  16  of section 104 of part L of chapter 405 of the

   52  laws of 1999, amending the real property tax law and other laws relating

   53  to improving the administration of the school tax relief (STAR) program,

   54  as separately amended by chapters 154 and 161 of the laws  of  2005,  is

   55  amended to read as follows:


       A. 9798                             3


    1    (16) sections fifty-one-f, fifty-one-g, fifty-one-h{,} AND fifty-one-i

    2  {and  fifty-one-j}  of this act shall expire and be deemed repealed June

    3  30, 2006;

    4    S  4.  This act shall take effect immediately; provided, however, that

    5  the amendments made by sections one and  two  of  this  act  shall  take

    6  effect  on  the  same date as the reversion of subparagraph (i) of para-

    7  graph y of subdivision 1  of  section  3602  of  the  education  law  as

    8  provided  in  subdivision  16 of section 104 of part L of chapter 405 of

    9  the laws of 1999, as amended.