New York Laws
Part 1 - General Provisions
3609-A - Moneys Apportioned, When and How Payable Commencing July First, Two Thousand Seven.

(2) Lottery apportionment. Of the estimated moneys to be apportioned
by the commissioner to school districts for the current year, that
portion payable pursuant to section ninety-two-c of the state finance
law, exclusive of the minimum lottery grant provided for the purchase of
textbooks pursuant to subparagraph one of paragraph b of subdivision
four of section ninety-two-c of such law and the lottery grant provided
pursuant to subparagraph two-a of paragraph b of subdivision four of
section ninety-two-c of the state finance law, shall be payable on or
before the last state business day of September.
(3) Lottery textbook apportionment. The minimum lottery grant provided
for the purchase of textbooks pursuant to subparagraph one of paragraph
b of subdivision four of section ninety-two-c of the state finance law,
shall be payable on or before the last state business day of September.
(4) Fixed fall payments. Of the moneys apportioned remaining to be
paid to school districts for the current year after deductions are made
for the purpose of subparagraph one of this paragraph, districts shall
be eligible to receive payments determined as follows: (i) on or before
October fifteenth, an estimated twelve and one-half percent of such
remaining amount minus the amount paid pursuant to subparagraph two of
this paragraph; (ii) on or before November fifteenth, an estimated
eighteen and seventy-five one hundredths percent of such remaining
amount minus the sum of the amounts paid pursuant to clause (i) of this
subparagraph and subparagraph two of this paragraph; and (iii) on or
before December fifteenth, an estimated twenty-five percent of such
remaining amount minus the sum of the amounts paid pursuant to clauses
(i) and (ii) of this subparagraph and subparagraph two of this
paragraph. Such amounts shall be payable only to the extent that reports
due the commissioner have been filed.
(5) Remaining apportionment. The remaining moneys apportioned for the
current year after deductions are made for the purposes of subparagraphs
one, two and four of this paragraph, shall be payable pursuant to
paragraph b of this subdivision to the extent that reports due the
commissioner have been filed.
b. Individualized payments. (1) District expenditure need. To
determine the payments a district shall be eligible to receive under
this paragraph, a district expenditure need shall be computed, based on
estimated data on file with the commissioner as of December first, which
shall equal the general fund expenditures for the base year (i) minus
the sum of base year aids and grants recorded as revenue to such general
fund but not payable pursuant to this section; (ii) minus the district's
base year general fund expenditures to the New York state teachers'
retirement system; (iii) minus that portion of the district's base year
general fund expenditures for debt service eligible for an apportionment
pursuant to subdivision six of section thirty-six hundred two of this

chapter plus such general fund expenditures for debt service for the
current year; and (iv) minus current year aid pursuant to subparagraphs
two and four of paragraph a of this subdivision.
(2) Payment amounts. For remaining aid payments due prior to July,
moneys apportioned shall be determined based on preliminary aid data on
file with the commissioner on December first, provided that such
commissioner shall recompute such amounts designated for the month of
June based on aid data on file with the commissioner as of May first.
(i) January amount. If the aid payable under this paragraph exceeds
fifty percent of the expenditure need of the district, then such excess
amount shall be designated for the month of January. (ii) February
amount. If such aid, minus any aid payable pursuant to clause (i) of
this subparagraph, exceeds forty percent of such expenditure need, then
such excess amount shall be designated for the month of February. (iii)
March amount. If such aid, minus any aid payable pursuant to clauses (i)
and (ii) of this subparagraph, exceeds thirty percent of such
expenditure need, then such excess amount shall be designated for the
month of March. (iv) April amount. If such aid, minus any aid payable
pursuant to clauses (i), (ii) and (iii) of this subparagraph, exceeds
twenty percent of the expenditure need of the district, then such excess
amount shall be designated for the month of April. (v) May amount. If
such aid, minus any aid payable pursuant to clauses (i), (ii), (iii) and
(iv) of this subparagraph, exceeds ten percent of such expenditure need,
then such excess amount shall be designated for the month of May. (vi)
June amount. Any moneys apportioned not designated pursuant to clauses
(i), (ii), (iii), (iv) and (v) of this subparagraph shall be designated
for the month of June.
(3) Payments. (i) Winter payments. The amounts designated for January,
February and March pursuant to clauses (i), (ii) and (iii) of
subparagraph two of this paragraph shall be paid on or before the last
state business day of such months.
(ii) Sustaining advance payments. In order to sustain all advance
payments made in previous school years pursuant to subparagraph five of
this paragraph or the comparable provisions of section thirty-six
hundred nine of this article, the commissioner shall establish a
schedule to distribute the sustaining advance payment amount among
school districts. Such sustaining advance payments due to school
districts shall be, first, in the same proportion as such school
district's share bears to the total moneys designated for payment in the
month of April, second, as a share of the total moneys designated for
May and last, if applicable, as a share of the total moneys designated
for June to all such school districts pursuant to clauses (iv), (v), and
(vi) of subparagraph two of this paragraph. The sustaining advance
payment due shall be deducted first from a school district's designated
amount for April, then from a school district's designated amount for
May and finally from any moneys due in June. The commissioner shall
transmit a schedule to the comptroller, the director of the budget and
the chairs of the legislative fiscal committees displaying for each
district, the sustaining advance payment due, the portion of such amount
to be withheld pursuant to subparagraph four of this paragraph and the
remainder, if any, to be paid to the school district on or before March
thirty-first.
(iii) Determining final payment for the state fiscal year. Prior to
transmitting the March payment to the state comptroller, based on
current year, base year and prior school year state aid payments made or
scheduled to be made from the general support for public schools
appropriations for the state fiscal year ending March thirty-first, the
commissioner shall determine the extent to which the amount designated

for June pursuant to clause (vi) of subparagraph two of this paragraph,
as adjusted in accordance with clause (ii) of this subparagraph, net of
any disallowances, would need to be advanced and paid on or before March
thirty-first in order to use the remainder of such appropriations,
excluding amounts assigned to the department of health pursuant to
subdivision one of section thirty-six hundred nine-b of this article, on
or before March thirty-first, or to the extent to which the amount
designated for March would need to be proportionally reduced so as not
to exceed such state fiscal year appropriations. The commissioner shall
report the amount of money required to be advanced or deferred and the
percent it represents of the June or March amounts, as the case may be,
to the director of the budget, the chairperson of the senate finance
committee and the chairperson of the assembly ways and means committee.
To the extent that moneys are advanced or deferred pursuant to this
paragraph, they shall be in the same proportion as each school
district's share bears to the total of such June or March amount. Upon
approval of the director of the budget, the commissioner shall transmit
the schedule of any such partial June prepayments or such reduced March
payments to the state comptroller. Any portion of the March payment
deferred shall be added to the June payment; any portion of the June
payment advanced shall be paid on or before March thirty-first.
(iv) April and May payments. Any amount designated for and remaining
to be paid in April or May pursuant to clauses (iv) and (v) of
subparagraph two of this paragraph minus any portion of such amounts
advanced pursuant to clause (ii) of this subparagraph shall be paid on
or before the last state business day of such months.
(v) June payment. The moneys apportioned to school districts and
designated for June pursuant to clause (vi) of subparagraph two of this
paragraph shall be paid on or before the last state business day of such
month, to the extent that moneys are owed to school districts pursuant
to this section for the current year, including claims for current year
aid for debt service on bond anticipation notes aidable in June and/or
new bonds and capital notes aidable in June pursuant to subdivisions six
and fourteen, if applicable, of section thirty-six hundred two of this
part and claims for current year aid for conversion to full day
kindergarten, after taking into account any adjustments made in
accordance with clauses (ii) and (iii) of this subparagraph, net of any
disallowances.
(vi) Deferred July payment of certain claims for debt service on bond
anticipation notes and on bonds or capital notes first issued in the
current year. The moneys apportioned to school districts for claims for
current year aid for debt service on bond anticipation notes aidable in
July following the current year and/or new bonds and capital notes
aidable in July following the current year pursuant to subdivisions six
and fourteen, if applicable, of section thirty-six hundred two of this
part shall be paid on or before the last state business day of July
immediately following the current school year, to the extent that moneys
are owed to school districts pursuant to this section for the current
year, net of any disallowances.
(vii) Deferred September payments. Any amounts payable to a school
district pursuant to this section which exceeded one hundred percent of
the respective amount set forth for such district as payable pursuant to
this section in the school aid computer listing for the current school
year shall be designated for payment for the month of September next
following the close of the current school year. Such payments shall be
made on or before the last state business day of the month of September,
based on data on file as of August first.
(4) State share of medicaid reimbursements. For the purposes of this
subparagraph, for aid payable in the two thousand ten--two thousand
eleven school year, the first reporting period shall run from May first
of the base year through January thirty-first of the current year, and
the second reporting period shall run from February first of the current
year through March thirty-first of the current year. For aid payable in
the two thousand eleven--two thousand twelve school year and thereafter,
the first reporting period shall run from April first of the base year
through December thirty-first of the current year, and the second
reporting period shall run from January first of the current year
through March thirty-first of the current year. Notwithstanding any
inconsistent provisions of law to the contrary, the sustaining advance
payment due any school district pursuant to clause (ii) of subparagraph
three of this paragraph in March shall be reduced by fifty percent of
any federal participation during the first reporting period pursuant to
title XIX of the social security act, in special education programs
provided pursuant to article eighty-nine of this chapter for services
provided on or before June thirtieth, two thousand nine; the June
payment due any school district pursuant to clause (v) of subparagraph
three of this paragraph shall be reduced by fifty percent of any federal
participation during the second reporting period for services provided
on or before June thirtieth, two thousand nine. Not later than ten days
after the end of the first reporting period ending on January
thirty-first, two thousand eleven, not later than forty-one days after
each first reporting period thereafter and not later than forty days
after the end of each second reporting period, the commissioner of
health, as the authorized fiscal agent of the state education
department, shall certify to the commissioner and the director of the
budget the total amount of such federal moneys paid to a school district
for such services during such reporting period. Following each cycle
payment, the commissioner of health shall report to the commissioner the
aggregate amount of such federal medicaid payments to each school
district. The commissioner shall recoup such amounts first, to the
extent possible, from the specified payment, then by withholding any
other moneys due the school district and finally by direct billing to
any school district still owing moneys to the state. All moneys withheld
or paid to the state on account of this paragraph shall be credited by
the comptroller to the local assistance account for general support for
public schools.
(5) Advance payments. To the extent that any moneys payable pursuant
to clauses (iv) and (v) of subparagraph two of this paragraph, are paid
in advance of April first, such moneys shall be paid in accordance with
chapter two hundred twenty of the laws of nineteen hundred ninety, as
amended, and in the same proportion as such school district's share
bears to the total moneys, payable to all such school districts pursuant
to such clauses (iv) and (v) provided however, that any moneys so
advanced shall be deducted first from a school district's payment due in
April, then from any moneys due in May and finally from any remaining
moneys due in June.
(6) Apportionments to the city school district of the city of New York
under the provisions of this paragraph shall be computed and paid on a
city-wide basis.
c. Deficit reduction assessment for two thousand nine--two thousand
ten. Notwithstanding any other provision of law, the commissioner shall
reduce payments due to each district pursuant to this section by an
amount equal to the amounts set forth for each school district as
"DEFICIT REDUCTION ASSESSMENT" in the school aid computer listing
produced by the commissioner in support of the executive budget request

for the two thousand nine--two thousand ten school year and entitled
"BT112-1", and such amount shall be deducted from moneys apportioned for
the purposes of payments made pursuant to section thirty-six hundred
nine-a of the education law and provided further that the amount of such
reduction shall be deemed to have been paid to the district pursuant to
this section for the school year in which such deduction is made. The
commissioner shall provide a schedule of such reductions in payments to
the state comptroller, the director of the budget, the chair of the
senate finance committee and the chair of the assembly ways and means
committee.
d. Supplemental deficit reduction assessment for the two thousand
nine--two thousand ten school year. (1) Notwithstanding any other
provision of law to the contrary, the commissioner shall reduce payments
due to each district for the two thousand nine--two thousand ten school
year pursuant to this section by an amount equal to the supplemental
deficit reduction assessment computed for such district, and such amount
shall be deducted from moneys apportioned for the purposes of payments
made pursuant to this section and if the reduction is greater than the
sum of the amounts available for such deductions, the remainder of the
reduction shall be withheld from payments scheduled to be made to the
district pursuant to this section for the two thousand ten--two thousand
eleven school year, and provided further that an amount equal to the
amount of such deduction shall be deemed to have been paid to the
district pursuant to this section for the school year in which such
deduction is made. The commissioner shall compute such supplemental
deficit reduction assessment and shall provide a schedule of such
reduction in payments to the state comptroller, the director of the
budget, the chair of the senate finance committee and the chair of the
assembly ways and means committee.
(2) The supplemental deficit reduction assessment shall be computed as
the product of thirty-five and sixty-two one-hundredths of a percent
(0.3562) multiplied by the absolute value of the deficit reduction
assessment established pursuant to paragraph c of this subdivision.
2. a. Such moneys shall be payable to the treasurer of each city
school district, and the treasurer of each union free school district
and of each central school district and of each other school district,
if there be a treasurer, otherwise to the collector or other disbursing
officer of such district, who shall apply for and receive the same as
soon as payable.
b. In the case of city school districts of cities with one hundred
twenty-five thousand inhabitants or more, any payment which pursuant to
this section is required to be made to the treasurer of the city school
district, shall be made to the city treasurer or chamberlain.
3. Except as otherwise provided by law, payment to a school district
pursuant to this section shall be general receipts of the district and
may be used for any lawful purpose of the district provided, however
that any payments for debt service for school building purposes on debt
which has been excluded in ascertaining the power of the school district
to contract indebtedness shall be used solely for the purpose of payment
of the interest on and amortization of or payment of such indebtedness.