New York Laws
Article 52 - City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More
2576 - Annual Estimate.

(i) "city funds" shall mean funds of the city of New York derived from
any source except funds contained within the capital budget and funds
derived from any federal, state or private sources over which the city
has no discretion.
(ii) "city amount" shall mean the total amount of expenditures funded
by city funds for the support of the city school district of the city of
New York, not including city payments to bond or note holders for debt
service or payments for pension benefits for employees of such district,
as contained within the budget as adopted by the city of New York.
(iii) "base year" shall mean the fiscal year immediately preceding the
fiscal year for which the budget referred to in subparagraph (ii) of
this paragraph is adopted. The initial base year shall be fiscal year
ending June thirtieth, two thousand three.
b. The city amount shall not be less than the city amount appropriated
in the base year as determined at the time of adoption of the budget for
the ensuing fiscal year. Provided, however, in the event the total
amount of city funds relied upon to balance such budget is lower than
the total amount of city funds appropriated in the base year, determined
at the time of adoption of such budget, the city amount may be reduced

by up to the same percentage as the overall percentage decrease in city
funds between the base year and the ensuing fiscal year.
* NB Repealed June 30, 2024
5-b. a. For the purposes of this subdivision, the terms:
(i) "city funds" shall mean funds of each city having a population of
one hundred twenty-five thousand or more inhabitants and less than one
million inhabitants derived from any source except funds contained
within the capital budget, funds from county sales tax revenues shared
with such city, funds derived from any federal source and funds derived
from any state or private sources over which the city has no discretion,
as defined pursuant to regulations developed by the commissioner and
approved by the director of the budget.
(ii) "city amount" shall mean the total amount of expenditures funded
by city funds for the support of the city school district of each city
having a population of one hundred twenty-five thousand or more
inhabitants and less than one million inhabitants, not including city
payments to bond or note holders for debt service payments of such
district, as contained within the budget as adopted by such city.
(iii) "base year" shall mean the fiscal year immediately preceding the
fiscal year for which the budget referred to in subparagraph (ii) of
this paragraph is adopted. The initial base year shall be the fiscal
year ending June thirtieth, two thousand seven.
b. The city amount shall not be less than the city amount appropriated
in the base year determined at the time of adoption of the budget for
the ensuing fiscal year, and shall not be less than the city amount
expended in the base year determined as of the end of the school year.
Provided, however, in the event the total amount of city funds relied
upon to balance such budget is lower than the total amount of city funds
appropriated in the base year, as determined at the time of adoption of
such budget, the city amount may be reduced by up to the same percentage
as the overall percentage decrease in city funds between the base year
and the ensuing fiscal year.
c. Upon the enactment of a city budget, for the two thousand nine--two
thousand ten school year budget and annually thereafter, the chief
executive officer of the city, as defined pursuant to subdivision five-a
of section 2.00 of the local finance law, shall annually certify to the
commissioner, in a form prescribed by the commissioner upon approval of
the director of the budget, as to the city amount in such budget, the
city amount in the base year, and that the city amount appropriated in
such budget is in compliance with paragraph b of this subdivision.
d. The school district audit report certified to by an independent
certified public accountant or an independent accountant pursuant to
section twenty-one hundred sixteen-a of this title for the two thousand
eight--two thousand nine school year budget and annually thereafter
shall include a certification by the accountant, in a form prescribed by
the commissioner upon approval of the director of the budget, as to the
city amount expended in the school year covered by such audit report,
the city amount in the prior school year, and that the city amount
expended in the school year covered by such audit report is in
compliance with paragraph b of this subdivision.
6. A board of education may, to meet emergencies which may arise,
submit a special estimate in which items for extraordinary expenses may
be submitted to meet such emergencies. Such estimate shall contain a
complete statement of the purposes for which the items are requested and
the necessity therefor. The same method of procdure shall be followed in
submitting such estimate and such estimate shall be subject to the same
consideration and action as is required in the submission, consideration
and action upon the regular annual estimate submitted by a board of

education. The common council or other legislative body in such city
shall have power to make the appropriations requested by a board of
education in such special estimate.
7. A board of education shall not incur a liability or an expense
chargeable against the funds under its control or the city for any
purpose in excess of the amount appropriated or available therefor or
otherwise authorized by law.
8. In a city in which, under the statutes in effect prior to June
eighth, nineteen hundred seventeen, it was provided that the estimate of
expenditures for the support and maintenance of the public schools of
the city shall not be less than a specified per capita sum, based on the
number of pupils enrolled in the public schools of the city, the amount
authorized or required to be included in the estimate of school
expenditures as provided in this article shall not be less than the per
capita sum specified in such statute.
9. In any city in which the annual estimate and budget of the board of
education is subject to change by some other city authority, such annual
budget shall give detailed schedules for all purposes and shall indicate
the entire amount to be expended by the board of education for school
purposes, including the amount to be levied for debt service on account
of bonds, notes or certificates of indebtedness issued for school
purposes, whether the amount to be expended is on account of local
revenues or to be derived from state aid. The total amount on account of
local revenues and the total amount to be derived from state aid shall
be separately indicated. In any such city having a population of less
than one million the annual estimate and budget shall contain a
statement of the amount of revenues over and above those set forth in
the budget for the preceding year, which the board of education
estimates it will receive in the current year. Any surplus funds shall
at the close of the fiscal year be transferred to an existing capital
fund or appropriated by the proper authority to other school purposes.
10. In any city with a population of one million or more, amounts
appropriated to effectuate the implementation of a five-year educational
facilities capital plan for such city shall be appropriated as a single
item in such city's capital budget in accordance with subdivision four
of section twenty-five hundred ninety-p of this chapter.