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The
Association board of directors has been working diligently the past
several months to craft several proposals for consideration by the
Governor and the Legislature. These proposals cover the Contract for
Excellence, Charter Schools, the Debt Ceiling and the Center for School
Improvement Planning. Each of these areas of concern has special
significance for a large number of small city school districts and has
been identified as priority issues in 2008. These proposals have been
presented to the Governor and key members of the Legislature for
consideration. We will continue to work toward introduction of the
proposals or some version of them in the State Budget or Legislation in
the current year. Any comments or suggestions are greatly welcomed. The
bill language we have developed thus far for each issue is as follows:
1) CONTRACT FOR EXCELLENCE
2 a. (i) Each contract for excellence shall describe how the sum of the
4 amounts apportioned to the school district in the current year as total
5 foundation aid and as supplemental educational improvement plan grants
6 for the two thousand seven--two thousand eight school year and thereaft-
7 er, in excess of one hundred three percent plus an additional
per cent calculated as the product of three percent
multiplied by the positive remainder of one and 3 tenths
minus the district’s combined wealth ratio of the district's
foundation
8 aid base, as adjusted for additional amounts payable as charter school
9 basic tuition over such amount payable in the base year, shall be used
10 to support new programs and new activities or expand the use of programs
11 and activities demonstrated to improve student achievement.
(ii) For the purpose of this section new programs
and new activities shall include those programs and
activities established not earlier than two years prior to
the base year which have been mandated by the department
or which have been commenced expressly to improve student
performance.
12 b. (i) The contract shall specify the new or expanded programs for
13 which additional amounts of such total foundation aid, or grant shall be
14 used and shall affirm that such programs shall first benefit
those areas of student and school performance that resulted
in the school or schools being identified as requiring
academic progressor in need of improvement or in
corrective action or restructuring status, and only to
the extent needed to restore that school or schools to non-
identified status; and , next, provided that the district
graduation rate after five years is below 65%, the contract
shall affirm that such programs shall
predominately benefit
15 students with the greatest educational needs including, but not limited
16 to, those students with limited English proficiency, students in poverty
17 and students with disabilities; and for all other districts,
the contract shall affirm that such programs shall benefit
students as in the discretion of the district may be in
greatest need, provided however, that for districts with
tax rates in excess of 120% of the assumed tax rate provided
under the foundation aid formula, the contract may provide
for local tax relief.
18
38 3. a. The commissioner shall adopt regulations establishing allowable
39 programs and activities intended to improve student achievement which
40 shall include and be given priority in funding but not
be limited to class size reduction, programs that increase student
41 time on task, teacher and principal quality initiatives, middle school
42 and high school re-structuring, and full-day kindergarten or prekinder-
43 garten. Provided, however, that districts may use up to fifteen percent
44 of the total additional funding above the foundation aid base
they receive for experimental programs
45 designed to demonstrate the efficacy of other strategies to improve
46 student achievement consistent with the intent of this section and, in
47 school year two thousand seven--two thousand eight and thereafter, up
to thirty million
48 dollars or twenty-five percent of such total additional funding above
the foundation aid base, whichever is
49 less, may be used to maintain investments in programs and activities
50 listed in this subdivision. Any such district seeking to implement an
51 experimental program shall first submit a plan to the commissioner
52 setting forth the need for such experimental program and how such
53 program will improve student performance.
54 b. The commissioner shall assist school districts that include in
55 their contract for excellence the implementation of incentives, devel-
56 oped in collaboration with teachers in the collective bargaining proc-
S. 2107--C 14 A. 4307--C
1 ess, for highly qualified and experienced teachers to work in low
2 performing schools to ensure that such incentives are effective.
28 6. The school district audit report certified to the commissioner by
29 an independent certified public accountant, an independent accountant or
30 the comptroller of the city of New York pursuant to section twenty-one
31 hundred sixteen-a of this chapter shall include a certification by such
32 accountant or comptroller in a form prescribed by the commissioner and
33 that the increases in total foundation aid and supplemental educational
34 improvement plan grants have been used to supplement, and not supplant
35 funds allocated by the district in the base year for such purposes. Use
of aid and grants in accordance with the contract shall be
prima facie evidence that the requirement of this sub-
paragraph has been satisfied.
36
2) CHARTER SCHOOLS
§ 18. Section 3602 of the education law is amended by adding a new
45 subdivision 41 to read as follows:
46 41. Transitional aid for charter school payments. In addition to any
47 other apportionment under this section, for the two thousand eight--two
48 thousand nine school year and thereafter, a school district shall be
49 eligible for an apportionment in an amount equal to the sum of
50 (a) the product of (i) the product of eighty percent multiplied by the
51 charter school basic tuition computed for such school district for the
52 base year pursuant to section twenty-eight hundred fifty-six of this
53 chapter, multiplied by (ii) the positive difference, if any, of the
54 number of resident pupils enrolled in the charter school in the base
55 year less the number of resident pupils enrolled in a charter school in
56 the third year prior to the base year, provided, however, that a
school
S. 2107--C 64 A. 4307--C
1 district shall be eligible for an apportionment pursuant to this para-
2 graph only if the number of its resident pupils enrolled in charter
3 schools in the base year exceeds two percent of the total resident
4 public school district enrollment of such school district in the base
5 year or the total general fund payments made by such district to charter
6 schools in the base year for resident pupils enrolled in charter schools
7 exceeds two percent of total general fund expenditures of such district
8 in the base year, plus
9 (b) the product of (i) the product of sixty percent multiplied by the
10 charter school basic tuition computed for such school district for
11 base year pursuant to section twenty-eight hundred fifty-six of this
12 chapter, multiplied by (ii) the positive difference, if any, of the
13 number of resident pupils enrolled in the charter school in the
fourth year
14 prior to the base year less the number of resident pupils enrolled in a
15 charter school in the year two years prior to the base year, provided,
16 however, that a school district shall be eligible for an apportionment
17 pursuant to this paragraph only if the number of its resident pupils
18 enrolled in charter schools in the year prior to the base year exceeds
19 two percent of the total resident public school district enrollment of
20 such school district in the year prior to the base year or the total
21 general fund payments made by such district to charter schools in the
22 year prior to the base year for resident pupils enrolled in charter
23 schools exceeds two percent of the total general fund expenditures of
24 such district in the year prior to the base year, plus
25 (c) the product of (i) the product of forty percent multiplied by the
26 charter school basic tuition computed for such school district for the
27 base year pursuant to section twenty-eight hundred fifty-six of this
28 chapter, multiplied by (ii) the positive difference, if any, of the
29 number of resident pupils enrolled in the charter school in the year fifth
30 year[s] prior to the base year less the number of resident pupils enrolled
31 in a charter school in the year three years prior to the base year,
32 provided, however, that a school district shall be eligible for an
33 apportionment pursuant to this paragraph only if the number of its resi-
34 dent pupils enrolled in charter schools in the year two years prior to
35 the base year exceeds two percent of the total resident public school
36 district enrollment of such school district in the year two years prior
37 to the base year or the total general fund payments made by such
38 district to charter schools in the year two years prior to the base year
39 for resident pupils enrolled in charter schools exceeds two percent of
40 the total general fund expenditures of such district in the year two
41 years prior to the base year, plus
50 (d) the product of forty percent multiplied by the
51 charter school basic tuition computed for such school
district for the
52 base year pursuant to section twenty-eight
hundred fifty-six of this
53 chapter, multiplied by the
54 number of resident pupils enrolled in the charter
school in the base year.
55
42 (e) For purposes of this subdivision the number of pupils enrolled in
43 a charter school shall not include pupils enrolled in a charter school
44 for which the charter was approved by a charter entity contained in
45 paragraph a of subdivision three of section twenty-eight hundred fifty-
46 one of this chapter.
3) DEBT CEILING
PROPOSED Legislation for Small City School Districts 12/21/07- REB
AN ACT to amend the local finance law, in relation to the exclusion of
certain indebtedness of certain city school districts
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 121.20 of the local finance law, as amended by
2 chapter 506 of the laws of 1964, paragraph b as amended by chapter 116
3 of the laws of 1968, is amended to read as follows:
4 § 121.20[.] Exclusion of certain indebtedness of school districts
5 other than school districts in a city with one hundred twenty-five thou-
6 sand inhabitants or more according to the latest federal census in
7 ascertaining their power to contract indebtedness. a. As used in this
8 section:
9 1. The term "indebtedness" shall mean indebtedness evidenced by bonds
10 and bond anticipation notes.
11 2. The term "school district" shall mean a school district other than
12 a school district in a city with one hundred twenty-five thousand inhab-
13 itants or more according to the latest federal census.
8 § 2. Section 121.30 of the local finance law, as added by chapter 382
9 of the laws of 1962, is amended to read as follows:
10 § 121.30 Exclusion of certain indebtedness of school districts other
11 than school districts in a city with one hundred twenty-five thousand
12 inhabitants or more according to the latest federal census. In ascer-
13 taining the power of a school district, other than a school district in
14 a city with one hundred twenty-five thousand inhabitants or more accord-
15 ing to the latest federal census, to contract indebtedness under section
16 104.00 of this chapter, there may be excluded outstanding bonds and bond
17 anticipation notes or indebtedness proposed to be contracted and to be
18 evidenced by bonds or bond anticipation notes to finance the acquisi-
19 tion, construction and installation of a shelter or fallout shelter by
20 such school district pursuant to section twenty-three-a of the New York
21 state defense emergency act, but only to the extent to which such
22 indebtedness, at the time it was contracted or is to be contracted, did
23 not or will not exceed fifty dollars multiplied by the planned shelter
24 occupancy of such shelter.
25 § 3. Section 137.00 of the local finance law, as amended by chapter
26 760 of the laws of 1963, is amended to read as follows:
27 § 137.00 Debt statement of school districts outside cities with one
28 hundred twenty-five thousand inhabitants or more according to the latest
29 federal census. The debt statement of a school district, other than a
30 school district in a city with one hundred twenty-five thousand inhabit-
31 ants or more according to the latest federal census, shall contain the
32 following items of indebtedness for the purpose of showing the indebt-
33 edness of such school district:
34 1. The amount of
35 (a) Outstanding bonds;
36 (b) Outstanding bond anticipation notes, other than those issued in
37 anticipation of the bonds of the issue in connection with which the debt
38 statement is prepared;
39 (c) Bonds of the proposed issue in connection with which the debt
40 statement is prepared; and
41 (d) Bond anticipation notes proposed to be issued where a debt state-
42 ment is prepared in connection with the issuance of such notes.
43 2. The amount of indebtedness of a merged or annexed school district
44 determined pursuant to section 121.10 of this chapter.
45 For the purpose of showing the indebtedness of a school district,
46 other than a school district in a city with one hundred twenty-five
47 thousand inhabitants or more according to the latest federal census,
48 there may be deducted the amount of any such indebtedness which has been
49 contracted or is proposed to be contracted to the extent provided in
50 section 121.20 of this chapter, and in such case a certified copy of the
51 estimate of the commissioner of education shall be attached to and form
52 a part of the debt statement filed with the state comptroller and the
53 clerk of the school district.
54 For the purpose of showing the indebtedness of a school district other
55 than a school district in a city with one hundred twenty-five thousand
56 inhabitants or more according to the latest federal census, there may be
S. 2504 3
1 deducted the amount of indebtedness contracted, or indebtedness proposed
2 to be contracted, for the purpose and to the extent provided in section
3 121.30 of this chapter.
4 In connection with the sale of bond anticipation notes, a school
5 district may prepare a debt statement and may file such statement in the
6 manner provided in section 109.00 of this chapter.
7 § 4. This act shall take effect immediately.
4) CENTER FOR SCHOOL IMPROVEMENT PLANNING
STATE OPERATIONS AND AID TO LOCALITIES 2007-08
12 For services and expenses of the New York
13 State Historical Association ................... 180,000
14 For services and expenses related to the center for school
improvement planning for small city school districts
.......................... 150,000
For services and expenses of the rural
15 education advisory council ..................... 175,000
16 For services and expenses for a $600,000
17 grant for Tech Valley High School .............. 600,000
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