(1-a) Commencing no sooner than the first day in January, two thousand
twenty, the commissioner shall require school districts to conduct
building condition surveys every five years in accordance with
regulations of the commissioner. Such regulations shall prescribe the
date or dates by which such surveys must be completed and submitted to
the department and shall provide for staggered implementation so that
such surveys are distributed as evenly as possible throughout the
five-year period based on the number of public school buildings,
provided that such implementation schedule shall ensure that no region
of the state is overrepresented in a given scheduled year and shall to
the extent practicable prioritize assigning to the first two years of
such schedule those school districts with the greatest proportions of
buildings which previously received relatively low overall condition
ratings.
(2) The commissioner is hereby authorized to enter into the necessary
contractual agreements with architects and/or engineers to state-wide
contracts to provide building construction surveys on a regional basis
for a fixed fee per square foot. Such building condition surveys shall
be used to assist school districts with the development of their
five-year capital facilities plan.
5. School district management efficiency awards program. a. Within the
amount appropriated for such purpose, subject to a plan developed in
consultation with the secretary of state and approved by the director of
the budget, the commissioner shall award competitive grants pursuant to
this subdivision for achieving school district management efficiencies.
(1) Such plan shall include but not be limited to: the process by
which a request for proposals is developed; the scoring rubric by which
such proposals will be evaluated; the form and manner by which
applications will be submitted; the manner by which calculation of the
amount of the award was determined, including establishing benchmarks
based on actual cost savings that must be met before any awards are
paid; and the timeline for the issuance and review of applications to
ensure that grants will be first awarded within one hundred and twenty
days following the end of the two thousand eleven--two thousand twelve
school year.
(2) The commissioner shall be authorized, consistent with the plan
required by this paragraph, to promulgate rules and regulations
necessary for the implementation of this subdivision.
b. A response to a request for proposals issued pursuant to this
subdivision may be submitted by a school district or jointly by two or
more school districts who have demonstrated to the satisfaction of the
commissioner that:
(1) one or more long term efficiencies in school district management,
operations, procurement practices or other cost savings measures that
have not and will not result in an increase in cost to the state or
locality have been implemented;
(2) such efficiencies have been implemented within two years prior to
a response to a request for proposals issued pursuant to this
subdivision or will be implemented during the current school year;
(3) such efficiencies have resulted or will result in a significant
reduction in total operating expenses compared to the prior year, in the
administrative component, or the equivalent, of the school district
budget, in transportation operating expenses, in transportation capital
expenses, and/or in other non-personal service costs included in the
program component of the school district budget, or the equivalent,
compared to the prior year; and
(4) such efficiencies are expected to result in substantial and
sustainable cost savings in future years; and
(5) if two or more school districts are applying jointly, and have
entered a shared services agreement as authorized by law, that
significant savings would result from such shared services; provided
that in no event shall districts that have entered into an aidable
cooperative educational services agreement for any such services with a
board of cooperative educational services pursuant to section nineteen
hundred fifty of this chapter be eligible for an award pursuant to this
subdivision for the same purpose, but may be eligible for an award
pursuant to this subdivision for another shared long term efficiency or
cost saving measure. Provided however, a district which has received an
award pursuant to the local government efficiency grant program
authorized by subdivision ten of section fifty-four of the state finance
law, shall not be eligible to receive an award pursuant to this
subdivision for the same purpose, but may be eligible for an award
pursuant to this subdivision for another long term efficiency or cost
savings measure.
c. The commissioner shall grant priority to applications that have
demonstrated that the long term efficiencies that have been implemented:
(1) are innovative in the manner that the management or organizational
structure may be changed to generate significant savings while
maintaining or improving student achievement; (2) have the participation
of the teachers, parents and/or other stakeholders in the school
district; (3) are measures or strategies that other school districts can
replicate; or (4) have the greatest quantifiable savings that will be
sustainable.
d. A school district that submits documentation that has been approved
by the commissioner by September first, two thousand twelve
demonstrating that it has fully implemented new standards and procedures
for conducting annual professional performance reviews of classroom
teachers and building principals to determine teacher and principal
effectiveness, shall receive bonus points in the scoring of its grant
application.
e. A school district or school districts seeking a grant shall submit
an application to the commissioner in a form and manner and by a date as
prescribed by the commissioner. The commissioner may consult with any
other state agency about such grants and each such agency shall
cooperate in assisting in the analysis of grant applications.
f. The amount of the grant award, including the maximum grant amount
available to any district or districts, shall be determined by the
commissioner, consistent with the plan developed pursuant to paragraph a
of this subdivision provided that the amount of such awards shall be
based upon the size of the district or school districts measured by
public school enrollment of the district or districts, except that no
single district receiving a grant and no group of districts receiving a
grant jointly may be awarded more than forty percent of the total amount
of grant awards made pursuant to this subdivision; and provided further
that such amount may be adjusted based upon measures of district need.
g. For the two thousand thirteen--two thousand fourteen state fiscal
year and thereafter, in addition to the competitive awards amount as
defined in paragraph ee of subdivision one of section thirty-six hundred
two of this article, a minimum of thirty-seven million five hundred
thousand dollars shall be available for this purpose in each state
fiscal year.
6. School district performance improvement awards grant. a. Within the
amounts appropriated for such purpose, the commissioner shall award
competitive grants to eligible school districts pursuant to this
subdivision that have demonstrated the most improved academic
achievement gains and student outcomes, as well as having implemented
strategies that have the most potential for continued improvements in
student performance, narrowing student achievement gaps and increasing
academic performance in traditionally underserved student groups.
b. The commissioner shall:
(1) develop a competitive request for proposals, which shall be
approved by the director of the budget, to be issued on or before
October first, two thousand eleven and shall ensure that grants will
first be awarded pursuant to this subdivision during the two thousand
eleven-two thousand twelve school year.
(2) create a peer review panel and process and a scoring rubric to be
used in the evaluation of applications during such process. Such scoring
rubric shall give priority to those eligible school districts that have
the most significant measurable improvements in academic achievement and
student outcomes; and have (A) implemented rigorous programs to improve
middle school student performance; (B) newly established or expanded
participation in college level or early college programs; (C)
significantly increased college admission rates; (D) exemplary career
and technical education programs with a record of successful student
outcomes; or (E) other innovative and replicable strategies for student
achievement. Provided further that such rubric shall grant priority to
those eligible districts whose programs benefit students having the
greatest educational needs, including but not limited to:
(A) students within traditionally underserved student groups;
(B) students who are English language learners;
(C) students in poverty;
(D) students with disabilities; and
(E) students with low academic achievement.
(3) be authorized to promulgate rules and regulations necessary for
the implementation of this subdivision.
c. To be an eligible applicant, a school district must:
(1) have a race to the top final scope of work that was approved by
the commissioner by February fifteenth, two thousand eleven; and/or
(2) have demonstrated satisfactory progress, as determined by the
commissioner, towards implementation of elements such as high quality
student assessments, use of data to improve instruction and student
performance, provision of professional development to improve teacher
performance; and
(3) be among the school districts showing the greatest gains in
student performance in its category of district in the prior school year
as reflected by increases in student outcome, as well as other measures
for closing the achievement gap, improving high school performance and
graduation rates, and increasing college attendance and retention rates
as compared to student performance in those areas in the applicable
baseline year.
d. For purposes of this subdivision:
(1) "category of district" means:
(A) a high-need large city category consisting of city school
districts having a population of one hundred twenty-five thousand
inhabitants or more, provided that in the case of the city school
district of the city of New York the chancellor shall have the option of
applying on behalf of one or more community school districts and/or
district seventy-five in lieu of applying on a citywide basis;
(B) a high-need urban-suburban category as defined by the commissioner
based upon the need/resource capacity index applicable to such school
districts;
(C) a high-need rural category as defined by the commissioner based
upon the need/resource capacity index applicable to such school
districts;
(D) an average need category as defined by the commissioner based upon
the need/resource capacity index applicable to such school districts;
and
(E) a low need category as defined by the commissioner based upon the
need/resource capacity index applicable to such school districts.
(2) The commissioner shall establish a methodology for determining
which districts in each category of district that have applied for a
performance improvement grant have shown the greatest achievement gains.
Provided, however, that where a school district does not have the
minimum number of students specified by the commissioner for
accountability purposes (minimum "n" size) in one or more of the five
subgroups, such district shall not be disqualified from receiving a
grant, but a preference shall be given to districts within each category
of district with the highest number of subgroups meeting such minimum
"n" size.
e. The commissioner shall grant awards to the school districts, as
recommended by the peer review panel, among the various categories of
districts and determine the amount of the grant award for each eligible
school district based upon the public school enrollment of the district,
provided that no district receiving a grant may be awarded more than
forty percent of the total amount of grant awards made pursuant to this
subdivision; and provided further that such amount may be adjusted based
upon measures of district need.
f. Any school district receiving an award pursuant to this subdivision
shall expend grant funds in accordance with a high-quality plan
submitted with its application in response to the request for proposals.
Such plan must specify how such funds will be used to enhance the
activities and strategies that have been or will be implemented that
have been demonstrated to be effective in, or show the most promise for,
increasing student performance, narrowing the student achievement gap,
and increasing academic performance in traditionally underserved student
groups.
g. For the two thousand thirteen--two thousand fourteen state fiscal
year and thereafter, in addition to the competitive awards amount as
defined in paragraph ee of subdivision one of section thirty-six hundred
two of this article, a minimum of thirty-seven million five hundred
thousand dollars shall be available for this purpose in each state
fiscal year.
6-a. Community school grants. a. Within the amount appropriated for
such purpose, subject to a plan developed by the state council on
children and families in coordination with the commissioner and approved
by the director of the budget, the commissioner shall award competitive
grants pursuant to this subdivision to eligible school districts or in a
city with a population of one million or more an eligible entity to
implement, beginning in the two thousand thirteen--two thousand fourteen
school year, a plan that targets school buildings as community hubs to
deliver co-located or school-linked academic, health, mental health,
nutrition, counseling, legal and/or other services to students and their
families in a manner that will lead to improved educational and other
outcomes. In a city with a population of one million or more, eligible
entities shall mean the city school district of the city of New York, or
not-for-profit organizations, which shall include not-for-profit
community based organizations. An eligible entity that is a
not-for-profit may apply for a community school grant provided that it
collaborates with the city school district of the city of New York and
receives the approval of the chancellor of the city school district of
the city of New York.
(1) Such plan shall include, but not be limited to:
(i) The process by which a request for proposals will be developed;
(ii) The scoring rubric by which such proposals will be evaluated,
provided that such grants shall be awarded based on factors including,
but not limited to: measures of school district need; measures of the
need of students to be served by each of the school districts; the
school district's proposal to target the highest need schools and
students; the sustainability of the proposed community schools program;
and proposal quality;
(iii) The form and manner by which applications will be submitted;
(iv) The manner by which calculation of the amount of the award will
be determined;
(v) The timeline for the issuance and review of applications; and
(vi) Program implementation phases that will trigger payment of set
percentages of the total award.
(2) In assessing proposal quality, the commissioner shall take into
account factors including, but not limited to:
(i) The extent to which the school district's proposal would provide
such community services through partnerships with local governments and
non-profit organizations;
(ii) The extent to which the proposal would provide for delivery of
such services directly in school buildings;
(iii) The extent to which the proposal articulates how such services
would facilitate measurable improvement in student and family outcomes;
(iv) The extent to which the proposal articulates and identifies how
existing funding streams and programs would be used to provide such
community services; and
(v) the extent to which the proposal ensures the safety of all
students, staff and community members in school buildings used as
community hubs.
b. A response to a request for proposals issued pursuant to this
subdivision may be submitted by a single school district or jointly by a
consortium of two or more school districts, or in a city with a
population of one million or more, an eligible entity.
c. The amount of the grant award shall be determined by the
commissioner, consistent with the plan developed pursuant to paragraph a
of this subdivision, except that no single district may be awarded more
than forty percent of the total amount of grant awards made pursuant to
this subdivision; and provided further that the maximum award to any
individual community school site shall be five hundred thousand dollars;
and provided further that the amount awarded will be paid out in set
percentages over time upon successful implementation of each phase of a
school district's approved proposal set forth pursuant to paragraph a of
this subdivision; and provided further that none of the grants awarded
pursuant to this subdivision may be used to supplant existing funding.
6-b. Extended learning grants. a. Within the amount appropriated for
such purpose, subject to a plan that is developed by the commissioner,
and approved by the director of the budget, the commissioner shall award
competitive planning and implementation grants pursuant to this
subdivision to eligible school districts or school districts in
collaboration with not-for-profit community based organizations that put
forward a proposal to improve student outcomes by adding at least
twenty-five percent more time to the academic calendar by extending the
school day, school year, or some combination thereof, either
district-wide or in selected school buildings.
(1) Such plan shall include, but not be limited to:
(i) The process by which a request for proposals will be developed;
(ii) The scoring rubric by which such proposals will be evaluated,
provided that priority shall be given to applicants based upon the
school district's proposal to target the schools and students with the
greatest need and upon proposal quality;
(iii) The form and manner by which applications will be submitted;
(iv) The timeline for the issuance and review of applications; and
(v) A requirement that school districts awarded grants under this
subdivision submit to an annual evaluation of performance and impact as
required by the commissioner.
(2) In assessing proposal quality in order to award implementation
grant funding, the commissioner shall take into account factors
including, but not limited to:
(i) the extent to which the school district's proposal would maximize
the use of the additional learning time through a comprehensive
restructuring of the school day and/or year;
(ii) how the additional learning time would be utilized, including but
not limited to additional time spent on core academics; and
(iii) the extent to which the proposal would provide additional
learning time for students in grades six through eight.
b. A school district's school-wide extended learning implementation
grant award shall equal its average daily attendance in the school-wide
extended learning program multiplied by the expected cost per pupil of
the additional learning time. For purposes of this subdivision, the
expected cost per pupil of the additional learning time shall equal the
greater of fifteen hundred dollars or (1) the quotient of (i) the school
district's approved operating expense pursuant to paragraph t of
subdivision one of section thirty-six hundred two of this article for
the year prior to the base year divided by (ii) the district's public
school district enrollment pursuant to subparagraph two of paragraph n
of such subdivision for the year prior to the base year multiplied by
(2) ten percent (0.10), multiplied by (3) the quotient of (i) the
average of the national consumer price indexes determined by the United
States department of labor for the twelve month period preceding January
first of the base year, divided by (ii) the average of the national
consumer price indexes determined by the United States department of
labor for the twelve month period preceding January first of the year
two years prior to the base year.
c. In extraordinary cases, the commissioner may award a grant that
exceeds the per pupil limit calculated pursuant to paragraph b of this
subdivision.
d. No district shall receive a grant in excess of the total actual
grant expenditures incurred by the district in the current year as
approved by the commissioner.
e. No single district may be awarded more than forty percent of the
total amount of grant awards made pursuant to this subdivision.
6-c. Teacher excellence fund. a. Within the amount appropriated for
such purpose, subject to a request for proposals developed by the
commissioner and approved by the director of the budget, the
commissioner shall award teacher excellence fund grants pursuant to this
subdivision to eligible school districts, beginning in the two thousand
fourteen--two thousand fifteen school year, to provide teacher
excellence fund performance awards to highly effective teachers.
(1) Teacher excellence fund performance awards shall be allocated in
an annual amount of up to twenty thousand dollars to eligible teachers
rated as "highly effective" based on the most recent annual professional
performance review, in accordance with the requirements of section three
thousand twelve-c of this chapter and regulations of the commissioner.
(2) On an annual basis, eligible school districts may submit an
application to the commissioner, in a form and manner prescribed by the
commissioner, to request funding pursuant to this subdivision.
(3) The commissioner shall make available such application on or
before May fifteenth of the preceding school year and the commissioner
shall issue preliminary teacher excellence fund grant awards on or
before October fifteenth of the school year in which the eligible
teacher shall receive a teacher excellence fund performance award.
(4) Applications submitted by eligible school districts shall include
information required by the commissioner including, but not limited to,
the extent to which the school district's plan is intended to recognize
and reward highly-effective teachers: (i) in school buildings with the
greatest academic need; (ii) in difficult-to-staff subject or
certification areas and/or grade levels; and (iii) at critical points in
a teacher's career in order to encourage highly effective teachers to
remain in the classroom.
(5) The commissioner shall prioritize applications submitted by
eligible school districts based on factors including, but not limited
to, the factors described in subparagraph four of this paragraph and the
quality of the proposal.
(6) Notwithstanding any other provision of law to the contrary, the
teacher excellence fund performance awards provided by this subdivision
shall be in addition to, and shall not be considered part of, a
teacher's basic annual salary, and shall not be included as compensation
for retirement purposes. Teacher excellence fund performance awards
shall supplement and shall not supplant compensation from sources
exclusive of this subdivision agreed to as part of a collective
bargaining agreement.
b. For the purpose of this subdivision:
(1) The term "eligible school district" shall mean a common, union
free, central, central high school, city, or special act school district
that has entered into an agreement with the collective bargaining
representatives of certified teachers consistent with the provisions of
the application submitted by the school district pursuant to paragraph a
of this subdivision.
(2) The term "eligible teacher" shall mean a teacher who (i) holds an
initial, provisional, transitional, permanent or professional state
teaching certificate appropriate to the teaching positions, including
the subject area if applicable, in which he or she is employed; (ii) is
a classroom teacher subject to the annual professional performance
review requirements of section three thousand twelve-c of this chapter;
and (iii) is rated "highly effective" based on his or her most recent
annual professional performance review, in accordance with the
requirements of section three thousand twelve-c of this chapter and
regulations of the commissioner.
7. Small government assistance. a. In addition to apportionments
otherwise provided by section thirty-six hundred two of this article for
payable in the two thousand eleven--two thousand twelve school year and
thereafter the amounts specified in paragraph b of this subdivision
shall be paid to school districts for small government assistance.
b. To school districts that received small government assistance in
the state fiscal year two thousand ten--two thousand eleven, such
apportionment in the same amount shall be apportioned to school
districts on or before March thirty-first of the school year upon audit
and warrant of the comptroller.
8. Supplemental educational improvement grants. a. In addition to
apportionments otherwise provided by section thirty-six hundred two of
this article, for aid payable in the two thousand seven--two thousand
eight school year and thereafter, the amounts specified in paragraph b
of this subdivision shall be paid for the purpose of providing
additional funding for the costs of educational improvement plans
required as a result of a court-ordered settlement in a school
desegregation case to which the state was a party. Grant funds awarded
pursuant to this subdivision shall be used exclusively for services and
expenses incurred by the school district to implement such educational
improvement plans.
b. To the Yonkers city school district there shall be paid seventeen
million five hundred thousand dollars ($17,500,000) on an annual basis.
Such grant shall be payable from funds appropriated for such purpose and
shall be apportioned to the Yonkers city school district in accordance
with the payment schedules contained in section thirty-six hundred
nine-a of this article, notwithstanding any provision of law to the
contrary.
9. Targeted instructional staff development grants. a. In the nineteen
hundred ninety-eight--ninety-nine school year and thereafter, within the
amount appropriated for such purpose, the commissioner shall provide
grants pursuant to this subdivision to: (1) school districts, and (2)
school districts working in collaboration with institutions of higher
education and/or teacher resource and computer resource centers, and (3)
providers of pre-kindergarten services which are receiving funding
pursuant to section three thousand six hundred two-e of this article,
for services and expenses related to targeted instructional staff
development grants.
b. School districts and providers of pre-kindergarten services seeking
a grant pursuant to this subdivision shall submit a plan for approval of
the commissioner that details how the school district will use the grant
funds to provide effective and grade-level appropriate staff development
programs that are targeted on one or more of the instructional areas
specified in paragraph c of this subdivision. Such plan shall be in a
form prescribed by the commissioner and shall include, but not be
limited to, a proposed budget, and a description of:
(1) the program, including, but not limited to, its purpose and target
population;
(2) how the new program shall be integrated with, and will supplement,
the district's existing in-service staff development program;
(3) when the staff development program shall be offered to teachers
and the arrangements made by the school district to assure that teachers
are able to attend, including, but not limited to, arrangements for
substitute teachers;
(4) the local funds, if any, that will be made available to support
the new staff development program; and
(5) a plan for evaluation of the effectiveness of the program, which
shall include, but need not be limited to, a survey of all participating
teachers.
c. Staff development programs funded pursuant to this subdivision
shall be targeted for specialized in-service training in one or more of
the following areas:
(i) understanding and implementing the new higher standards and
assessments as promulgated by the board of regents and the commissioner;
(ii) effective use of technology in instruction;
(iii) instruction of children who are participating in
pre-kindergarten programs approved pursuant to section three thousand
six hundred two-e of this article;
(iv) instruction of children with disabilities within a regular
education setting;
(v) instruction of nondisabled children who demonstrate the need for
increased academic attention; and
(vi) other areas of need demonstrated by the district that relate
directly to student instruction and are approved by the commissioner.
d. Grants shall be awarded on a competitive basis in accordance with
criteria established by the commissioner. Grant funds may be used for
the approved expenses of the staff development program as defined by the
commissioner, provided that such approved expenses shall include, but
need not be limited to, reasonable travel costs for instructors,
reasonable costs for the use of technology to provide staff development
programs at a distance, and the actual cost to the district of employing
substitute teachers for teachers participating in the program exclusive
of any state aid payable for such costs.
e. The commissioner shall be authorized to adopt regulations to
implement the provisions of this subdivision.
f. In the event the appropriation for purposes of this paragraph in
any year is insufficient to pay all claims received pursuant to this
paragraph, the commissioner shall pay such claims on a prorated basis
among all districts filing such claims until the appropriation is
exhausted. For aid payable in the nineteen hundred
ninety-eight--ninety-nine school year, the aid payable pursuant to this
paragraph shall not exceed one million five hundred thousand dollars
($1,500,000); for the nineteen hundred ninety-nine--two thousand school
year the aid payable pursuant to this paragraph shall not exceed five
million dollars ($5,000,000); and for the two thousand--two thousand one
school year and thereafter the aid payable pursuant to this paragraph
shall not exceed ten million dollars ($10,000,000).
10. Aid for rebuilding schools to uphold education (RESCUE). In
addition to the apportionments made pursuant to subdivisions six, six-a,
and six-b and paragraph c of subdivision fourteen of section thirty-six
hundred two of this article, school districts shall be eligible for an
apportionment or apportionments pursuant to this subdivision for
eligible school construction projects. The payment of such apportionment
or apportionments shall be made in the manner provided for in paragraph
d of this subdivision. An apportionment for any such eligible project
shall initially be available in the state fiscal year commencing April
first, nineteen hundred ninety-nine, provided that applications for
approval of such eligible projects by the commissioner may be processed
hereunder prior to such date.
a. Definitions. For purposes of this subdivision:
(1) "Eligible school construction project", or "eligible project,"
means a project for the design, planning, construction, acquisition,
reconstruction, rehabilitation or improvement of a public school
building used primarily for instruction that is an accessibility
project, an educational technology project, a health and safety project,
and/or a physical capacity expansion project, that has been approved by
the voters of the school district or approved by the trustees or board
of education for school districts where voter approval is not required
on or after July first, nineteen hundred ninety-eight or before July
first, two thousand three; that such project is contained in the
district's five year facilities plan; and such project is a critical and
priority project as identified by such district's safety rating system
required by sections four hundred nine-d and four hundred nine-e of this
chapter, or, a construction emergency project.
(2) "Eligible minor maintenance and repair project" means a project,
not otherwise eligible for an apportionment pursuant to subdivision six
of section thirty-six hundred two of this article, that is related to
maintaining and repairing public school buildings used primarily for
instruction, including expenditures for minor repair and improvement
activities performed to remedy existing minor maintenance deficiencies
and expenditures for periodic, scheduled maintenance activities intended
to mitigate the need for excessive capital renovation and rehabilitation
in the future as documented by a plan developed by the district and
submitted to the commissioner and which has been approved for funding on
or after July first, nineteen hundred ninety-eight, or before July
first, two thousand two by the commissioner.
(3) "Approved project" means an eligible school construction project
that has been reviewed by the department and approved by the
commissioner pursuant to this subdivision on or after July first,
nineteen hundred ninety-eight and before July first, two thousand three
(except as otherwise provided in subparagraph one of paragraph c of this
subdivision) for funding disbursement by an apportionment or
apportionments made hereunder.
(4) For the purposes of the expenditure of the maximum additional
apportionment defined in subparagraph 11, "Approved building aidable
project" means an approved project for which approved expenditures are
eligible for an apportionment pursuant to subdivisions six, six-a, six-b
and/or paragraph c of subdivision fourteen of section thirty-six hundred
two of this article and one or more of the following conditions have
been met:
(i) Projects for which letters of intent are on file with the state
education department by August 1, 1999;
(ii) Projects approved by the voters by January 15, 2000;
(iii) In the case of a school district in a city with a population of
one million or more, projects specifically referenced in the five-year
educational facilities capital plan pursuant to section 2590-p of the
education law on file with the commissioner as of August 1, 1999; and
(iv) Projects for which letters of intent are filed with the state
education department by July 1, 2000 that are determined to be priority
projects necessary to: address the safety or health of students and
staff including, but not limited to climate control; or to assure
accessibility of individuals with disabilities.
(4-a) For the purposes of the expenditure of the maximum additional
apportionment defined in subparagraph 11-a, "Approved building aidable
project" means an approved eligible school construction project.
(5) "Accessibility project" means an eligible school construction
project which, as a primary purpose, enhances accessibility to public
school buildings used primarily for instruction for individuals with
disabilities.
(6) "Construction emergency project" means an eligible school
construction project to remediate emergency situations which arise in
public school buildings used primarily for instruction as a result of
significant damage caused by an unanticipated and sudden occurrence
which results in the necessity for immediate repair.
(7) "Educational technology project" means an eligible school
construction project which, as a primary purpose, enhances the use of
technology in public school buildings used primarily for instruction,
including but not limited to, electrical upgrades, wiring, cabling
installations, fiber optics, conduits, raceways, telecommunication
systems and wireless options.
(8) "Health and safety project" means an eligible school construction
project which, as a primary purpose, addresses the reduction or
elimination of the risk of personal injury or harm to occupants of
public school buildings used primarily for instruction, including but
not limited to environmental remediation, the eradication of fire and
health code violations, the provision of adequate ventilation, and the
rehabilitation and repair of existing facilities.
(9) "Physical capacity expansion project" means an eligible school
construction project which, as a primary purpose, expands the
availability of adequate and appropriate instructional space in a public
school building used primarily for instruction, including but not
limited to expansions which provide for reduced class size.
(10) "District sharing ratio" means the quotient obtained when the sum
of the resident public school district enrollment of a school district
as defined in subparagraph four of paragraph n of subdivision one of
section thirty-six hundred two of this article and its resident
nonpublic school enrollment for such school year as defined in
subparagraph five of such paragraph, is divided by the sum of such
enrollments for all school districts for such school year, with the
result expressed as a decimal carried to the sixth place without
rounding. For any maximum additional apportionment calculated pursuant
to subparagraph eleven of this paragraph, the resident public school
district enrollment and its resident nonpublic school enrollment for the
nineteen hundred ninety-eight--ninety-nine school year shall be used to
calculate the district sharing ratio. For any maximum additional
apportionment calculated pursuant to subparagraph eleven-a of this
paragraph, the resident public school district enrollment and its
resident nonpublic school enrollment for the nineteen hundred
ninety-nine--two thousand school year shall be used to calculate the
district sharing ratio.
(11) "Maximum additional apportionment" for any appropriation first
made in support of this subdivision in the education, labor and family
assistance budget bill enacted for the nineteen hundred ninety-nine--two
thousand state fiscal year means the result calculated when one hundred
forty-five million dollars is multiplied by the district sharing ratio
for the school district provided, however, that such maximum additional
apportionment shall not be less than twenty thousand dollars and
provided further that in the event that the sum of the apportionments
calculated pursuant to this section exceeds one hundred forty-five
million dollars, all such apportionments in excess of twenty thousand
dollars shall be adjusted downward on a prorated basis as determined by
the commissioner, provided further that such adjustment shall not reduce
any such apportionment below twenty thousand dollars. The commissioner
shall notify each school district by September fifteenth, nineteen
hundred ninety-nine, of the amount of the maximum additional
apportionment available to it as calculated hereinabove. The maximum
additional apportionment for a school district shall be available to
such school district for the purpose of allowing the commissioner to
make an apportionment or apportionments of monies appropriated for such
purpose to fund expenditures and disbursements made for approved
projects of such school district for school years nineteen hundred
ninety-eight--nineteen hundred ninety-nine through and inclusive of two
thousand one--two thousand two, provided that an apportionment may be
made by the commissioner beyond June thirtieth, two thousand two for
certain approved projects as specifically authorized by subparagraph one
of paragraph c of this subdivision. An apportionment of monies for an
approved project which is an eligible school construction project
(including a construction emergency project) shall be subject to a
repayment being made to the comptroller by the dormitory authority as
more particularly provided for in paragraph d of this subdivision.
(11-a) "Maximum additional apportionment" for any appropriation first
made in support of this subdivision in the education, labor and family
assistance budget bill enacted for the two thousand--two thousand one
state fiscal year means the result calculated when fifty million dollars
is multiplied by the district sharing ratio for the school district,
provided, however, that such maximum additional apportionment shall not
be less than twenty thousand dollars and provided further that in the
event that the sum of the apportionments calculated pursuant to this
section exceeds fifty million dollars, all such apportionments in excess
of twenty thousand dollars shall be adjusted downward on a prorated
basis as determined by the commissioner, provided further that such
adjustment shall not reduce any such apportionment below twenty thousand
dollars. The commissioner shall notify each school district by June
fifteenth, two thousand, of the amount of the maximum additional
apportionment available to it as calculated hereinabove. The maximum
additional apportionment for a school district shall be available to
such school district for the purpose of allowing the commissioner to
make an apportionment or apportionments of monies appropriated for such
purpose to fund expenditures and disbursements made for approved
projects of such school district for school years nineteen hundred
ninety-eight--nineteen hundred ninety-nine through and inclusive of two
thousand two--two thousand three, provided that an apportionment may be
made by the commissioner beyond June thirtieth, two thousand three for
certain approved projects as specifically authorized by subparagraph one
of paragraph c of this subdivision. An apportionment of monies for an
approved project which is an eligible school construction project
(including a construction emergency project) shall be subject to a
repayment being made to the comptroller by the dormitory authority as
more particularly provided for in paragraph d of this subdivision.
b. Eligibility. All approved projects shall be eligible for an
apportionment or apportionments by the commissioner pursuant to this
subdivision in the nineteen hundred ninety-nine--two thousand through
two thousand two--two thousand three school years, provided however: (1)
notwithstanding any other provision of this subdivision, any school
district eligible for a maximum additional apportionment pursuant to
this subdivision in excess of one hundred thousand dollars applying to
the commissioner for approval of an eligible project for an
apportionment or apportionments pursuant to this subdivision shall
demonstrate: (i) that any eligible project for which such school
district is seeking funding is contained within its five year capital
facilities plan and is a critical priority project as indicated by the
district's safety rating system as required by sections four hundred
nine-d and four hundred nine-e of this chapter, or (ii) that such
project is considered a construction emergency as defined in
subparagraph six of paragraph a of this subdivision, or (iii) that such
project is an approved building aidable project; and (2) notwithstanding
any other provision of this subdivision, that for any school district
eligible for a maximum additional apportionment pursuant to this
subdivision, in an amount less than or equal to one hundred thousand
dollars, the requirements of clauses (i) - (iii) of subparagraph (1)
hereof shall not apply.
c. Maximum additional apportionment. (1) A school district which has
an approved project or projects shall be entitled to an apportionment or
apportionments for such project or projects in an amount whether in the
aggregate or otherwise, not to exceed the maximum additional
apportionment calculated for such school district. Such maximum
additional apportionment shall be available to the school district for
expenditure for such approved projects in the school years nineteen
hundred ninety-nine--two thousand through two thousand two--two thousand
three, provided that expenditures for such approved project may be made
from such maximum additional apportionment on or after July first, two
thousand three and prior to June thirtieth, two thousand four if: (i)
such project is approved by the voters of the school district, or is
approved by the trustees or board of education for such school district
where voter approval is not required, prior to July first, two thousand
three; (ii) application is made to the commissioner for approval of such
eligible project as an approved project by August first, two thousand
three; and (iii) the commissioner approves such eligible project as an
approved project by October first, two thousand three. The maximum
additional apportionment may be expended in whole or in part in any of
such school years and beyond June thirtieth, two thousand three as
specifically authorized by the immediately preceding sentence. The
amount of such maximum additional apportionment not expended, disbursed
or encumbered for any such year shall be carried over for expenditure
and disbursement to the next succeeding school year, provided that for
the purposes of this subdivision a carryover shall not be authorized
beyond the school year two thousand two--two thousand three except as
otherwise authorized hereinabove in this subparagraph. Such maximum
additional apportionment may be used to supplement the apportionments
available pursuant to subdivisions six, six-a and six-b and paragraph c
of subdivision fourteen of section thirty-six hundred two and
subdivision twelve of this section for expenditures or disbursements for
approved building aidable projects, provided that, for any school
district with an enhanced building aid ratio computed pursuant to clause
(ii) of subparagraph two of paragraph b of subdivision six of section
thirty-six hundred two of this article that is less than nine-tenths the
total of such apportionments plus the apportionment payable pursuant to
this subdivision for the approved project costs of the total
apportionment for any approved building aidable project, as limited by
the cost allowances specified in paragraph a of subdivision six of
section thirty-six hundred two of this article, shall not exceed
ninety-five percent of such approved project costs, and that, for any
school district with an enhanced building aid ratio computed pursuant to
such clause (ii) that is equal to nine-tenths or more, the total of such
apportionments plus the apportionment payable pursuant to this
subdivision for such approved project costs of an approved building
aidable project shall not exceed ninety-eight percent of such approved
project costs, provided further that the apportionment provided pursuant
to this subdivision shall not otherwise reduce the apportionments
payable for approved project costs pursuant to subdivisions six, six-a
and six-b and paragraph c of subdivision fourteen of section thirty-six
hundred two and subdivision twelve of this section and may be used by an
eligible school district to fund the principal amount of any costs that
are in excess of the costs approved for an apportionment pursuant to
such subdivisions six, six-a or six-b of section thirty-six hundred two
or subdivision twelve of this section. Except as authorized in this
paragraph, expenditures from the maximum additional apportionment shall
not be eligible for aid under any other provision of this chapter.
(2) The commissioner shall report to the governor and to the
legislature by February first, two thousand three concerning the amount
of any maximum additional apportionment available to each school
district, whether in total or in part, that has not been applied for by
any such school district by January first, two thousand three. If the
total amount of such maximum additional apportionment has not been
applied for and approved by the commissioner by July first, two thousand
three, or, at the latest, applied for by August first, two thousand
three and approved by the commissioner by October first, two thousand
three as expressly limited by subparagraph one of this paragraph, the
commissioner shall report to the governor and to the legislature and
notify all districts by November first, two thousand three the total
remaining aggregate amount of maximum additional apportionments for all
school districts which remain uncommitted by such school districts as of
such date, which such total remaining aggregate amount shall then be
distributed on a competitive basis established by the commissioner, with
priority given to districts with outstanding needs as defined by the
district's five year facility plan and approved by the voters of the
school district, or approved by the trustees or board of education of a
school district where voter approval is not required.
d. It is the intent of the legislature that school districts receive
funding for approved projects in a timely manner. The payment of all
apportionments to be made for approved projects pursuant to this
subdivision shall be made from funds annually appropriated by the
legislature for such purpose. An apportionment so made to a school
district from appropriated funds by the commissioner for an approved
project which is an eligible school construction project shall be repaid
to the state comptroller by the dormitory authority from bond proceeds
made available for such purpose pursuant to section sixteen hundred
eighty-nine-a of the public authorities law.
e. Powers and duties of the commissioner. In administering the
provisions of this subdivision, the commissioner shall:
(1) establish an application process for school districts which
request the approval of the commissioner for funding for an
apportionment or apportionments for eligible projects; and
(2) provide that approved projects which receive an apportionment or
apportionments pursuant to this subdivision are designed, constructed
and maintained in the most cost-effective manner possible, which
minimizes waste and maximizes efficiency. The board of regents and the
commissioner shall impose a mechanism for establishing guidelines for
monitoring and documenting this process. The commissioner shall take
appropriate action to ensure a district's compliance with this
subparagraph.
f. Maintenance of projects. In order to assure effective discharge of
state responsibility with respect to the implementation of this
subdivision, the board of regents and the commissioner shall provide
that no moneys shall be made available to a school district for an
eligible school construction project, exclusive of a construction
emergency project unless and until such school district has complied
with the requirements of sections four hundred nine-d and four hundred
nine-e of this chapter and has submitted to the commissioner its current
five year capital facilities plan required pursuant to subdivision six
of this section, section twenty-five hundred-p of this chapter or any
other provision of this chapter, detailing the district's infrastructure
needs. Notwithstanding the provisions of this paragraph any school
district receiving funds from the maximum additional apportionment shall
provide an assurance to the commissioner that all projects funded under
this subdivision will be maintained in good repair.
g. Compliance with other laws. Funds provided pursuant to this
subdivision shall be subject to the applicable provisions of the state
finance law and all other applicable federal, state and local laws.
11. Special academic improvement grants. a. In addition to
apportionments otherwise provided by section thirty-six hundred two of
this article, for aid payable in the school year two thousand one--two
thousand two and every year thereafter, the amounts specified in
paragraph b of this subdivision shall be paid for the sole purpose of
enhancement of the academic programs of school districts that have
become subject to removal of the board of education as a result of
failure of one or more schools to meet state school accountability
standards and serious financial problems that impact the ability of the
school district to support program improvements without endangering the
fiscal stability of the school district's residents and businesses.
Grant funds awarded pursuant to this subdivision shall be used
exclusively for services and expenses incurred by the school district to
support and maintain the improvement of the academic performance of the
schools of the school district, in accordance with a plan of expenditure
prepared at the direction of the commissioner and approved by the
commissioner.
b. To the Roosevelt union free school district there shall be paid
twelve million dollars ($12,000,000) on an annual basis. For school
years commencing on July first, two thousand seven and thereafter, such
special academic improvement grant shall be payable from funds
appropriated for such purpose and shall be apportioned to the Roosevelt
union free school district in accordance with the payment schedules
contained in section three thousand six hundred nine-a of this article,
notwithstanding any provision of law to the contrary.
b-1. For the two thousand fourteen--two thousand fifteen school year,
six million dollars shall be paid pursuant to paragraph b of this
subdivision and the remaining six million dollars shall be paid after
the submission of an expenditure plan by the superintendent of the
Roosevelt union free school district to the speaker of the assembly, the
temporary president of the senate and the members of the legislature
representing such school district. Such plan shall focus on improving
academic performance.
c. For the purposes of ensuring improvement in academic achievement
consistent with the provisions of this grant, in any year in which an
apportionment is provided pursuant to this section, the Roosevelt union
free school district shall:
(1) Submit to the commissioner a five-year educational plan, in a
manner prescribed by the commissioner, and such plan shall include
specific courses of action that will be taken and details describing how
additional state and federal funds will be used to improve educational
outcomes for students and increase the quality of teachers and
principals. This five-year educational plan will be updated and
submitted to the commissioner by September first of each year.
(2) Submit a five-year fiscal stabilization plan in a manner
prescribed by the commissioner, and aligned with the five-year
educational plan for approval by the commissioner or his designee by
September first of each year.
(3) Provide a proposed annual budget to the commissioner by the first
business day of May of each year.
(4) Provide an annual approved budget to the commissioner by July
first of each year.
(5) Provide quarterly budget status reports including compliance with
the annual approved budget of the district.
(6) Take any additional actions or submit additional documentation
identified by the commissioner deemed necessary to ensure the fiscal
integrity of the Roosevelt union free school district.
12. Capital outlay transition grants. a. Capital outlay transition
grants. (1) The commissioner shall, upon application therefor, certify
to the dormitory authority of the state of New York the amounts to be
awarded as grants to school districts in the two thousand two--two
thousand three state fiscal year for reimbursement of approved
expenditures for capital outlays incurred in the two thousand one--two
thousand two school year, as calculated pursuant to subdivision six of
section thirty-six hundred two of this article and this subdivision.
(2) School districts which would have been eligible for an
apportionment for base year approved expenditures for capital outlays
pursuant to subdivision six of section thirty-six hundred two of this
article in the two thousand two--two thousand three school year under
the provisions of such subdivision six in effect in the two thousand
one--two thousand two school year shall be eligible to apply for a grant
pursuant to this paragraph in lieu of an apportionment of aid for such
approved expenditures pursuant to subdivision six of section thirty-six
hundred two of this article. Application for such grant shall be made on
or before the first business day of September, two thousand two in such
form as the commissioner shall determine, and shall include
documentation of actual approved expenditures for capital outlays
incurred in the two thousand one--two thousand two school year.
(3)(i) Upon approval of such application by the commissioner, the
district shall be eligible for a grant in an amount equal to the lesser
of: (1) the product of the amount of the district's base year approved
expenditures for capital outlays for school building purposes determined
pursuant to subdivision six of section thirty-six hundred two of this
article from its general fund, capital fund or from a reserve fund,
based on data on file with the commissioner on the first business day of
September, two thousand two, multiplied by the sum of the aid ratio
computed for such expenditures pursuant to the provisions of paragraph c
of subdivision six of section thirty-six hundred two of this article,
plus the incentive decimal, if any, calculated pursuant to subparagraph
two of paragraph b of such subdivision six, provided that the amount of
reimbursement attributable to approved expenditures for capital outlays
for joint facilities shall be determined pursuant to subparagraph four
of this paragraph, and (2) the amount set forth for such school district
in the school aid listing for the current year produced by the
commissioner in May two thousand two and entitled "SA0203".
(ii) In the event that the sum of the grants calculated by the
commissioner for school districts pursuant to clause (i) of this
subparagraph is less than one hundred forty million dollars the
districts shall be eligible for an additional grant in an amount up to
the difference between (1) the product of the amount of the district's
base year approved expenditures for capital outlays for school building
purposes determined pursuant to subdivision six of section thirty-six
hundred two of this article from its general fund, capital fund or from
a reserve fund that was approved by the board of education in a city
with a population of more than one hundred twenty-five thousand as of
May fifteenth, two thousand two or by the voters in another school
district prior to July first, two thousand two, based on data on file
with the commissioner on the first business day of September, two
thousand two, multiplied by the sum of the aid ratio computed for such
expenditures pursuant to the provisions of paragraph c of subdivision
six of section thirty-six hundred two of this article, plus the
incentive decimal, if any, calculated pursuant to subparagraph two of
paragraph b of such subdivision six, provided that the amount of
reimbursement attributable to approved expenditures for capital outlays
for joint facilities shall be determined pursuant to subparagraph four
of this paragraph, minus, (2) the amount calculated pursuant to clause
(i) of this subparagraph. Such additional grants shall be approved in
the order of the date of receipt of the district's application by the
commissioner, up to the total amount of the appropriation; provided that
in the even that two or more school districts submit application on the
same day and full payment of the amounts so requested exceed such
appropriation, the commissioner shall adjust the grant amounts to
conform to such appropriation. In no event shall any grant not be
awarded due to an inability of the commissioner to make a full award of
the amount on the application.
(4) In the case of two or more school districts eligible for operating
aid pursuant to section thirty-six hundred two of this article that have
entered into an agreement in accordance with section one hundred
nineteen-o of the general municipal law and subdivision six-b of section
thirty-six hundred two of this article for approved expenditures for the
construction or reconstruction of one or more single site joint
facilities where the general contract for the project shall have been
awarded on or after July first, nineteen hundred ninety-three, and the
project and joint agreement shall have been approved by the commissioner
and, for participating school districts in which the school budget is
subject to voter approval, the joint agreement has been approved by the
voters of the district, the lead district shall be eligible for the
product of such base year approved expenditures for capital outlays for
school building purposes, multiplied by the sum of (i) the product for
each of the participating districts of the district's aid ratio computed
for such expenditures pursuant to the provisions of paragraph c of
subdivision six of section thirty-six hundred two of this article
multiplied by the district's share of the use of the facility, plus (ii)
the incentive decimal, if any, calculated pursuant to subparagraph two
of paragraph b of such subdivision six.
(5) Notwithstanding any other provisions of law to the contrary, the
amounts payable pursuant to this paragraph shall be certified by the
commissioner in accordance with section sixteen hundred eighty-nine-f of
the public authorities law and shall be paid to school districts by the
dormitory authority of the state of New York, within the amounts
appropriated for such purpose, from the proceeds of bonds and notes
issued pursuant to such section sixteen hundred eighty-nine-f. Such
payment shall fulfill any obligation of the state or the commissioner to
apportion funds pursuant to this paragraph, and whenever a school
district has been apportioned more money pursuant to this paragraph than
that to which it is entitled, the commissioner may deduct such amount
from the next apportionment to be made to such school district.
b. Excess capital outlay transition grants. (1) For aid payable in the
two thousand three--two thousand four school year, the commissioner
shall, within the amounts appropriated for such purpose, provide grants
to school districts in the amount of any excess of the product of the
amount of such school district's approved expenditures incurred in the
two thousand one--two thousand two school year for capital outlays for
school building purposes determined pursuant to subdivision six of
section thirty-six hundred two of this article from its general fund,
capital fund or from a reserve fund, multiplied by the sum of the aid
ratio selected for use in the two thousand two--two thousand three
school year for such expenditures pursuant to the provisions of
paragraph c of subdivision six of section thirty-six hundred two of this
article, plus the incentive decimal, if any, calculated for the two
thousand two--two thousand three school year pursuant to subparagraph
two of paragraph b of such subdivision six, provided that the amount of
reimbursement attributable to approved expenditures for capital outlays
for joint facilities shall be determined pursuant to subparagraph four
of paragraph a of this subdivision, based on data on file on the first
business day of September, two thousand three, over the amount
reimbursed as capital outlay transition grants pursuant to the
provisions of paragraph a of this subdivision.
(2) A school district which was eligible for a grant pursuant to
paragraph a of this subdivision and where the product of the amount of
such school district's approved expenditures incurred in the two
thousand one--two thousand two school year for capital outlays for
school building purposes determined pursuant to subdivision six of
section thirty-six hundred two of this article from its general fund,
capital fund or from a reserve fund, multiplied by the sum of the aid
ratio selected for use in the two thousand two--two thousand three
school year for such expenditures pursuant to the provisions of
paragraph c of subdivision six of section thirty-six hundred two of this
article, plus the incentive decimal, if any, calculated for the two
thousand two--two thousand three school year pursuant to subparagraph
two of paragraph b of such subdivision six, provided that the amount of
reimbursement attributable to approved expenditures for capital outlays
for joint facilities shall be determined pursuant to subparagraph four
of paragraph a of this subdivision, is in excess of the amount it
received under paragraph a of this subdivision shall be eligible to
apply for a grant pursuant to this subdivision in lieu of an
apportionment of aid for such approved expenditures pursuant to
subdivision six of section thirty-six hundred two of this article.
Application for such grant shall be made on or before the first business
day of September, two thousand three in such form as the commissioner
shall determine, and shall include documentation of actual approved
expenditures for capital outlays incurred in the two thousand one--two
thousand two school year.
(3) Notwithstanding any other provision of law to the contrary, grants
awarded pursuant to this paragraph shall be payable from funds
appropriated for such purpose and shall be apportioned in accordance
with the payment schedule contained in section thirty-six hundred nine-a
of this article.
c. Notwithstanding any other provision of law to the contrary,
approved expenditures for capital outlays incurred in the two thousand
one--two thousand two school year shall not be eligible for an
apportionment pursuant to subdivision six of section thirty-six hundred
two of this article, provided that nothing in this subdivision shall be
construed to limit the eligibility of a school district for
reorganization incentive building aid in the two thousand two--two
thousand three school year based on computations pursuant to subdivision
six of section thirty-six hundred two of this article. Expenditures
incurred for lease or other annual payments under the provisions of
section four hundred three-b, subdivision eight of section twenty-five
hundred three or subdivision six of section twenty-five hundred
fifty-four of this chapter, other than payments under a lease-purchase
agreement or an equivalent agreement, and expenditures aidable pursuant
to subdivisions six-c, six-d, or six-e of section thirty-six hundred two
of this article, shall not be deemed capital outlay for purposes of this
subdivision.
13. Transportation capital expense transition grants. a. The
commissioner shall, upon application therefor, certify to the authorized
issuer established pursuant to subdivision (b) of section sixty-one of
the chapter of the laws of two thousand four which added this
subdivision the amounts to be awarded as grants to school districts in
the two thousand four--two thousand five state fiscal year for
reimbursement of approved expenses for transportation capital, debt
service and leases for the two thousand three--two thousand four school
year, as calculated pursuant to subdivision seven of section thirty-six
hundred two of this article and this subdivision.
b. School districts which would have been eligible for an
apportionment for base year approved expenses for transportation
capital, debt service and leases, as defined in subdivision two of
section thirty-six hundred twenty-three-a of this article, pursuant to
subdivision seven of section thirty-six hundred two of this article in
the two thousand four--two thousand five school year under the
provisions of such subdivision seven in effect in the two thousand
three--two thousand four school year shall be eligible to apply for a
grant pursuant to this paragraph in lieu of an apportionment of aid for
such approved expenses pursuant to subdivision seven of section
thirty-six hundred two of this article. Application for such grant
shall be made on or before the first business day of November, two
thousand four in such form as the commissioner shall determine, and
shall include documentation of actual approved transportation capital,
debt service and/or lease expense incurred in the two thousand
three--two thousand four school year or that would otherwise have been
eligible for an apportionment in the two thousand four--two thousand
five school year pursuant to subdivision seven of section thirty-six
hundred two of this article as it existed in the two thousand three--two
thousand four school year.
c. Upon approval of such application by the commissioner, the district
shall be eligible for a grant in an amount equal to the apportionment
computed pursuant to subdivision seven of section thirty-six hundred two
of this article on its approved expenses for transportation capital,
debt service and leases, as if such expenses continued to be aidable
under such subdivision seven, based on data on file with the
commissioner as of November first, two thousand four.
d. Notwithstanding any other provisions of law to the contrary, the
amounts payable pursuant to this paragraph shall be certified by the
commissioner in accordance with section sixty-one of the chapter of the
laws of two thousand four which added this subdivision and shall be paid
to school districts by the authorized issuer established pursuant to
subdivision (b) of section fifty-four of the chapter of the laws of two
thousand four which added this subdivision from the proceeds of bonds
and notes issued pursuant to such section thirty-six. Such payment shall
fulfill any obligation of the state or the commissioner to apportion
funds pursuant to this paragraph or subdivision seven of section
thirty-six hundred two of this article for approved expenses for
transportation capital, debt service or leases, and whenever a school
district has been apportioned more money pursuant to this paragraph than
that to which it is entitled, the commissioner may deduct such amount
from the next apportionment to be made to such school district.
14. Expanding our children's education and learning (EXCEL) a.
Establishment of the EXCEL program. There is hereby established the
expanding our children's education and learning (EXCEL) program to
provide project financing or assistance in the form of grants to
eligible school districts, in addition to, or in lieu of, the
apportionments made pursuant to subdivisions six, six-a, six-b, six-c,
six-d, six-e, six-f and paragraph c of subdivision fourteen of section
thirty-six hundred two of this article, and subdivisions ten and twelve
of this section, for the costs of EXCEL school facility projects. An
apportionment for any such project shall initially be available in the
state fiscal year commencing April first, two thousand six.
Notwithstanding any provision of law to the contrary, the dormitory
authority of the state of New York shall be authorized to issue bonds or
notes in an aggregate amount not to exceed two billion six hundred
million dollars for purposes of the EXCEL program.
b. Definitions. The following terms, whenever used or referred to in
this subdivision, unless the context indicates otherwise, shall have the
following meanings:
(1) "EXCEL project". An EXCEL project shall include, but not be
limited to, the acquisition, design, planning, construction,
reconstruction, rehabilitation, preservation, development, improvement
or modernization of an EXCEL school facility, where such project:
(i) is (a) for a school district other than the city school district
of the city of New York, a construction project that has been reviewed
by the department and approved by the commissioner pursuant to this
subdivision, where a certification that a general construction contract
had been awarded for such project by or on behalf of the district was
not on file with the commissioner as of April first, two thousand six or
(b) for the city school district of the city of New York, a project
which is listed and contained in the five year capital plan, which has
been approved and adopted by the city council pursuant to section
twenty-five hundred ninety-p of this chapter, for the two thousand five
through two thousand nine fiscal years, and provided that such project
must commence, as close as practicable, according to the schedule set
forth in the five year capital plan as amended and approved by the city
council as of July, two thousand five, and
(ii) falls within one or more of the following categories:
(a) An education technology project which, as a primary purpose,
enhances the use of technology including but not limited to,
instructional content with video streaming, electrical upgrades, wiring,
cabling installations, internet connections, fiber optics, conduits,
raceways, telecommunication systems, hardware, electronic commerce and
wireless options;
(b) A health and safety project which, as a primary purpose, addresses
the reduction or elimination of the risk of personal injury or harm to
occupants of public school buildings used primarily for instruction,
including but not limited to environmental remediation, the eradication
of fire and health code violations, the provisions of adequate
ventilation including heating, ventilation and air conditioning
equipment, and the rehabilitation and repair of existing facilities;
(c) An accessibility project which, as a primary purpose, enhances
accessibility to public school buildings used primarily for instruction
for individuals with disabilities;
(d) A physical capacity expansion project or school construction
project which, as a primary purpose, expands the availability of
adequate and appropriate instructional space in a public school building
used primarily for instruction, including but not limited to expansions
which provide for reduced class size and science laboratories; and
(e) An energy project which, as a primary purpose, reduces energy
costs and/or energy consumption.
(2) "EXCEL school facility". An EXCEL school facility shall mean an
existing or proposed facility or other property real and personal, and
other appurtenances thereto to be utilized by a school district for
education purposes.
(3) "Eligible project costs". Eligible project costs, for purposes of
the EXCEL program shall mean any expenditures for an EXCEL project,
where such project is eligible for an apportionment pursuant to
subdivisions six, six-a, six-b, six-f and/or paragraph c of subdivision
fourteen of section thirty-six hundred two of this article.
(4) "Eligible school district" means a school district eligible to
receive an apportionment in lieu of operating aid in the two thousand
six--two thousand seven school year, apportioned pursuant to section
thirty-six hundred two of this article, or eligible to receive an
apportionment of total foundation aid in the two thousand seven--two
thousand eight school year and thereafter, pursuant to such section
thirty-six hundred two of this article.
(5) "Maximum additional apportionment" means the sum of the following
amounts:
(i) For an eligible school district that is eligible for the high-need
supplemental building aid ratio pursuant to the provisions of clause (c)
of subparagraph two of paragraph c of subdivision six of section
thirty-six hundred two of this article, other than a city school
district in a city having a population of one million inhabitants or
more, an amount equal to the product of seven hundred seventy-eight
dollars and twenty-two cents ($778.22) multiplied by the public school
district enrollment of the district in the two thousand five--two
thousand six school year, as computed pursuant to subparagraph two of
paragraph n of subdivision one of section thirty-six hundred two of this
article as based on data on file for the school aid computer listing
produced by the commissioner in support of the enacted budget for the
two thousand six--two thousand seven school year and entitled "SA060-7".
(ii) For any other eligible school district, other than a city school
district in a city having a population of one million inhabitants or
more, an amount equal to the product of three hundred twenty dollars and
forty-six cents ($320.46) multiplied by the public school district
enrollment of the district in the two thousand five--two thousand six
school year, as computed pursuant to subparagraph two of paragraph n of
subdivision one of section thirty-six hundred two of this article as
based on data on file for the school aid computer listing produced by
the commissioner of education in support of the enacted budget for the
two thousand six--two thousand seven school year and entitled "SA060-7".
(iii) For an eligible city school district in a city having a
population of one million inhabitants or more one billion eight hundred
million dollars.
c. EXCEL apportionment. (1) EXCEL apportionment for school
enhancement. Funds in an aggregate amount not to exceed eight hundred
million dollars shall be available for grants to eligible school
districts other than a city school district in a city having a
population of one million inhabitants or more. Each eligible school
district which has an EXCEL project or projects shall be entitled to a
grant or grants for such project or projects in an amount whether in the
aggregate or otherwise, not to exceed the maximum additional
apportionment calculated for such school district. The amount of such
maximum additional apportionment not expended, disbursed or encumbered
for any such year shall be carried over for expenditure and disbursement
to the next succeeding school year. Such maximum additional
apportionment may be used, at the option of the school district, in lieu
of, or to supplement, the apportionments available pursuant to
subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph
c of subdivision fourteen of section thirty-six hundred two of this
article, and subdivisions ten and twelve of this section, provided that
the total of such apportionments less any semiannual payments of
interest computed pursuant to subparagraph three of paragraph e of
subdivision six of section thirty-six hundred two of this article plus
the grant payable pursuant to this subdivision for the total project
costs of any EXCEL project shall not exceed such total project costs,
provided further that where the school district opts to use the EXCEL
apportionment provided pursuant to this subdivision to supplement the
apportionments payable for approved project costs pursuant to
subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph
c of subdivision fourteen of section thirty-six hundred two of this
article, and subdivisions ten and twelve of this section, such EXCEL
apportionment shall not otherwise reduce such apportionments. Except as
authorized in this paragraph, expenditures from the maximum additional
apportionment shall not be eligible for aid under any other provision of
this chapter.
(2) EXCEL apportionment for city facilities enhancement. Funds in an
aggregate amount not to exceed one billion eight hundred million dollars
shall be available for grants to a city school district in a city having
a population of one million inhabitants or more. Such school district
shall be entitled to a grant or grants for each EXCEL project or
projects in an amount whether in the aggregate or otherwise, not to
exceed the maximum additional apportionment calculated for such school
district. The amount of such maximum additional apportionment not
expended, disbursed or encumbered for any such year shall be carried
over for expenditure and disbursement to the next succeeding school
year. Such maximum additional apportionment may be used, at the option
of the school district, in lieu of, or to supplement, the apportionments
available pursuant to subdivisions six, six-a, six-b, six-c, six-d,
six-e, six-f and paragraph c of subdivision fourteen of section
thirty-six hundred two of this article, and subdivisions ten and twelve
of this section, provided that the total of such apportionments less any
semiannual payments of interest computed pursuant to subparagraph two of
paragraph e of subdivision six of section thirty-six hundred two of this
article plus the grant payable pursuant to this subdivision for the
total project costs of any EXCEL project shall not exceed such total
project costs, provided further that where the school district opts to
use the EXCEL apportionment provided pursuant to this subdivision to
supplement the apportionments payable for approved project costs
pursuant to subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f
and paragraph c of subdivision fourteen of section thirty-six hundred
two of this article, and subdivisions ten and twelve of this section,
such EXCEL apportionment shall not otherwise reduce such apportionments.
Except as authorized in this paragraph, expenditures from the maximum
additional apportionment shall not be eligible for aid under any other
provision of this chapter.
(3) The commissioner shall, upon application therefor in such form as
the commissioner may require, determine the amounts to be awarded as
grants to school districts as calculated pursuant to this subdivision.
The amounts determined pursuant to this subdivision shall be certified
by the commissioner in accordance with subdivision six of section
sixteen hundred eighty-nine-i of the public authorities law. Upon the
issuance of bonds by the dormitory authority of the state of New York
pursuant to such section sixteen hundred eighty-nine-i, the amounts of
money so certified shall be paid to school districts by the dormitory
authority from the proceeds of such bonds, provided, however, that the
payment schedule set forth in subdivision one of this section shall not
apply to such payments. Such payment shall fulfill any obligation of the
state or the commissioner to apportion funds pursuant to this
subdivision, and whenever a school district has been apportioned more
money pursuant to this subdivision than that to which it is entitled,
the commissioner may deduct such amount from the next apportionment to
be made to such school district.
15. Annual professional performance reviews transition grants. a. For
the two thousand eleven--two thousand twelve school year and/or the two
thousand twelve--two thousand thirteen school year provided, if a school
district has submitted a plan pursuant to paragraph k of subdivision two
of section three thousand twelve-c of this chapter before June
thirtieth, two thousand twelve and the commissioner finds that such plan
does not meet the requirements of section three thousand twelve-c of
this chapter under paragraph k of subdivision two of section three
thousand twelve-c of this chapter, and that the cost of implementing the
locally-developed components of an approved plan pursuant to paragraph k
of subdivision two of section three thousand twelve-c of this chapter
are more costly than the plan that is originally submitted, the
commissioner is authorized to award annual professional performance
reviews transition grants to eligible school districts pursuant to this
subdivision.
b. Prior to the submission of the plan for approval under paragraph k
of subdivision two of section three thousand twelve-c of this chapter a
school district may submit for review to the commissioner prior to June
thirtieth, two thousand twelve locally developed components to meet the
requirements of section three thousand twelve-c of this chapter for the
two thousand eleven--two thousand twelve school year and/or the two
thousand twelve--two thousand thirteen school year. A school district
shall have the authority to submit locally developed components to the
commissioner only if successfully determined through collective
bargaining. The commissioner shall have the discretion and authority to
review such locally developed components and in such cases if the
commissioner determines that changes to the submitted locally developed
components are necessary to meet the requirements of section three
thousand twelve-c of this chapter and further the commissioner
determines such changes are more costly than the locally developed
components originally submitted under this paragraph, the commissioner
is authorized to award annual professional performance reviews
transition grants to eligible school districts pursuant to this
subdivision upon final approval of the plan under paragraph k of
subdivision two of section three thousand twelve-c of this chapter.
c. The school district may provide a schedule of such additional
expenses, if any, on a form prescribed by the commissioner, that were
necessarily incurred by the school district in order to implement the
specific requirements of the commissioner contained in the approved
plan. The commissioner shall have the discretion and authority to
approve or disapprove such expenses from such schedule for grants under
this subdivision. The commissioner may require supporting documentation
from the school district in order to determine whether or not such
additional expenses were valid, reasonable, and essential to
implementing the specific requirements of the commissioner and to
determine whether or not such claim, or any part of such claim, be
approved. The commissioner may also consider the manner in which the
components of the plan were developed and if such requirements were not
met as a result of a lack of good faith.
d. Approved additional expenses for annual professional performance
reviews transition grants pursuant to this subdivision for the two
thousand twelve--two thousand thirteen school year shall continue to be
eligible for reimbursement. Such approved expenses shall be eligible for
payment on or after September first following the end of the school year
in which such expenses were approved. In the event the appropriation for
purposes of this subdivision in any year is insufficient to pay all
approved claims pursuant to this subdivision, the commissioner shall pay
such claims on a prorated basis among all districts filing such claims
until the appropriation is exhausted. The commissioner shall promulgate
rules and regulations necessary to implement the provisions of this
subdivision within sixty days of the effective date of the chapter of
the laws of two thousand thirteen that amended this paragraph.
16. Implementation of the smart schools bond act of 2014. a.
Definitions. The following terms, whenever used or referred to in this
subdivision, unless the context indicates otherwise, shall have the
following meanings:
(1) "Bonds" shall mean general obligation bonds issued pursuant to the
"smart schools bond act of 2014" in accordance with article VII of the
New York state constitution and article five of the state finance law.
(2) "Smart schools review board" shall mean a body comprised of the
chancellor of the state university of New York, the director of the
budget, and the commissioner, or their respective designees.
(3) "Smart schools investment plan" shall mean a document prepared by
a school district setting forth the smart schools project or projects to
be undertaken with such district's smart schools allocation.
(4) "Smart schools project" shall mean a capital project as set forth
and defined in subparagraphs five, six, seven or eight of this
paragraph.
(5) "Pre-kindergarten or transportable classroom unit (TCU)
replacement project" shall mean a capital project which, as a primary
purpose, expands the availability of adequate and appropriate
instructional space for pre-kindergarten or provides for the expansion
or construction of adequate and appropriate instructional space to
replace TCUs.
(6) "Community connectivity project" shall mean a capital project
which, as a primary purpose, expands high-speed broadband or wireless
internet connectivity in the local community, including school buildings
and campuses, for enhanced educational opportunity in the state.
(7) "Classroom technology project" shall mean a capital project to
expand high-speed broadband or wireless internet connectivity solely for
school buildings and campuses, or to acquire learning technology
hardware for schools, classrooms, and student use, including but not
limited to whiteboards, computer servers, desktop computers, laptop
computers, and tablet computers.
(8) "School safety and security technology project" shall mean a
capital project to install high-tech security features in school
buildings and on school campuses, including but not limited to video
surveillance, emergency notification systems and physical access
controls, for enhanced educational opportunity in the state.
(9) "Selected school aid" shall mean the sum of the amounts set forth
as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL
SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL
SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL",
"ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the
executive budget proposal for the two thousand fourteen-fifteen school
year.
(10) "Smart schools allocation" shall mean, for each school district,
the product of (i) two billion dollars ($2,000,000,000) multiplied by
(ii) the quotient of such school district's selected school aid divided
by the total selected school aid to all school districts.
b. Smart schools investment plans. (1) The smart schools review board
shall issue guidelines setting forth required components and eligibility
criteria for smart schools investment plans to be submitted by school
districts. Such guidelines shall include but not be limited to: (i) a
timeline for school district submission of smart schools investment
plans; (ii) any requirements for the use of available state procurement
options where applicable; (iii) any limitations on the amount of a
district's smart schools allocation that may be used for assets with a
short probable life; and (iv) the loan of smart schools classroom
technology pursuant to section seven hundred fifty-five of this chapter.
(2) No school district shall be entitled to a smart schools grant
until such district shall have submitted a smart schools investment plan
to the smart schools review board and received such board's approval of
such investment plan. In developing such investment plan, school
districts shall consult with parents, teachers, students, community
members and other stakeholders.
(3) The smart schools review board shall review all smart schools
investment plans for compliance with all eligibility criteria and other
requirements set forth in the guidelines. The smart schools review board
may approve or reject such plans, or may return such plans to the school
district for modifications; provided that notwithstanding any
inconsistent provision of law, the smart schools review board shall
approve no such plan first submitted to the department on or after April
fifteenth, two thousand seventeen, unless such plan calculates the
amount of classroom technology to be loaned to students attending
nonpublic schools pursuant to section seven hundred fifty-five of this
chapter in a manner that includes the amount budgeted by the school
district for servers, wireless access points and other portable
connectivity devices to be acquired as part of a school connectivity
project. Upon approval, the smart schools project or projects described
in the investment plan shall be eligible for smart schools grants. A
smart schools project included in a school district's smart schools
investment plan shall not require separate approval of the commissioner
unless it is part of a school construction project required to be
submitted for approval of the commissioner pursuant to section four
hundred eight of this chapter and/or subdivision six of section
thirty-six hundred two of this article. Any department, agency or public
authority shall provide the smart schools review board with any
information it requires to fulfill its duties pursuant to this
subdivision.
(4) Any amendments or supplements to a smart schools investment plan
shall be submitted to the smart schools review board for approval, and
shall not take effect until such approval is granted.
c. Expenditure of money. (1) Smart schools grants. Each school
district which has an approved smart schools investment plan including a
smart schools project or projects shall be entitled to a grant or grants
for the smart schools project or projects included therein in an amount,
whether in the aggregate or otherwise, not to exceed the smart schools
allocation calculated for such school district. The amount of such
allocation not expended, disbursed or encumbered for any school year
shall be carried over for expenditure and disbursement to the next
succeeding school year. Expenditures from the smart schools allocation
shall not be eligible for aid under any other provision of this chapter.
(2) The amounts determined pursuant to this subdivision to be paid to
school districts shall be certified by the commissioner in accordance
with this subdivision. If, upon the option of a school district, a smart
schools investment plan directs that an amount be transferred or
suballocated to a department, agency, or public authority to be spent on
behalf of the school district, such amounts shall be transferred or
suballocated, consistent with such plan, upon the approval of the
director of the budget. The amounts of money so certified or made
available shall be paid by the comptroller in accordance with
appropriations therefor, provided, however, that the payment schedule
set forth in subdivision one of this section shall not apply to such
payments. Such payment shall fulfill any obligation of the state or the
commissioner to apportion funds pursuant to this subdivision, and
whenever a school district has been apportioned more money pursuant to
this subdivision than that to which it is entitled, the commissioner may
deduct such amount from the next apportionment to be made to such school
district.
d. Consistency with federal tax law. All actions taken pursuant to
this subdivision shall be reviewed for consistency with provisions of
the federal internal revenue code and regulations thereunder, in
accordance with procedures established in connection with the issuance
of any tax exempt bonds pursuant to this subdivision, to preserve the
tax exempt status of such bonds.
e. Compliance with other law. Every recipient of funds to be made
available pursuant to this subdivision shall comply with all applicable
state, federal and local laws.
17. Learning loss grants. a. For the two thousand twenty-one--two
thousand twenty-two school year, eligible school districts shall receive
grants in aid equal to the positive difference, if any, of the base ARPA
allocation less ninety percent of the funds from the elementary and
secondary school emergency relief fund made available to school
districts pursuant to the American rescue plan act of 2021, (P.L.
117-2), but not less than seven hundred thousand dollars ($700,000), and
not more than ten million dollars ($10,000,000) or ten percent (0.1) of
the total expenditures from the district's general fund for the two
thousand twenty--two thousand twenty-one school year, whichever is less.
School districts where the base ARPA allocation is less than or equal to
ninety percent of the funds from the elementary and secondary school
emergency relief fund made available to school districts pursuant to the
American rescue plan act of 2021, shall not be eligible for these
grants. Such grant funds shall remain available for obligation by such
school districts until the deadline therefor prescribed in federal law.
b. The "base ARPA allocation" shall be equal to the product of the
adjusted per pupil amount multiplied by public school district
enrollment for the base year as computed pursuant to paragraph n of
subdivision one of section thirty-six hundred two of this article. The
"adjusted per pupil amount" shall be equal to the product of: (1) four
thousand five hundred fifty dollars and twenty-six cents ($4,550.26);
multiplied by (2) the regional cost index calculated in two thousand
eighteen, reflecting an analysis of labor market costs based on median
salaries in professional occupations that require similar credentials to
those of positions in the education field, but not including those
occupations in the education field; multiplied by (3) the modified EN
index; and multiplied by (4) the learning loss wealth factor.
(1) For purposes of this paragraph, the "learning loss wealth factor"
shall be equal to the positive difference, if any, of seventy-five
hundredths (0.75) less half of the combined wealth ratio computed
pursuant to subparagraph one of paragraph c of subdivision three of
section thirty-six hundred two of this article.
(2) For purposes of this paragraph, the "modified EN index" shall be
equal to the modified EN percent divided by the statewide average
modified EN percent, provided that for the two thousand twenty-one--two
thousand twenty-two school year, the statewide average modified EN
percent shall be equal to five thousand five hundred sixty-five
ten-thousandths (0.5565).
(3) For purposes of this paragraph, the "modified EN percent" shall be
equal to the modified EN count divided by public school district
enrollment for the base year computed pursuant to paragraph n of
subdivision one of section thirty-six hundred two of this article.
(4) For purposes of this paragraph, the "modified EN count" shall
equal the sum of (A) the product of fifty percent (0.5) multiplied by
the English language learner count computed pursuant to paragraph o of
subdivision one of section thirty-six hundred two of this article, plus
(B) the sparsity count computed pursuant to paragraph r of subdivision
one of section thirty-six hundred two of this article, plus (C) the
product of sixty-five hundredths (0.65) multiplied by the three-year
average small area income and poverty estimate rate computed pursuant to
paragraph mm of subdivision one of section thirty-six hundred two of
this article and multiplied further by public school district enrollment
for the base year as computed pursuant to paragraph n of subdivision one
of section thirty-six hundred two of this article, plus (D) the product
of sixty-five hundredths (0.65) multiplied by the three-year average
economically disadvantaged rate defined pursuant to paragraph ll of
subdivision one of section thirty-six hundred two of this article and
multiplied further by public school district enrollment for the base
year as computed pursuant to paragraph n of subdivision one of section
thirty-six hundred two of this article.
c. Districts receiving learning loss grants shall use: (1) fourteen
and two hundred eighty-six thousandths percent (0.14286) of such grants
for implementation of evidence-based summer enrichment programs; (2)
fourteen and two hundred eighty-six thousandths percent (0.14286) for
implementation of evidence-based comprehensive afterschool programs; and
(3) the remaining funds for activities to address learning loss by
supporting the implementation of evidence-based interventions, such as
summer learning or summer enrichment, extended day, comprehensive
afterschool programs, or extended school year programs. School districts
shall ensure that such interventions respond to students' academic,
social, and emotional needs and address the disproportionate impact of
the coronavirus on low-income students, children with disabilities,
English learners, migrant students, students experiencing homelessness,
and children in foster care.
Structure New York Laws
Title 5 - Taxation and Financial Administration
Article 73 - Apportionment of Public Moneys
Part 4 - Special Apportionments and Grants-in-Aid
3641 - Special Apportionments and Grants-in-Aid to School Districts.
3641-A - Excelsior Scholars Program for Grade Seven Mathematics and Science Students.
3641-B - Grants for Summer Institutes for Mathematics and Science Teachers.