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AID TO LOCALITIES

4.

The commissioner

sions of this section.

shall adopt regulations to implement the provi

§ 21. Paragraph (b) of subdivision one of section thirty hundred thirty-two of such law, as added by chapter nine hundred thirty-three of the laws of nineteen hundred eighty-four, is amended to read as follows: (b) "Local education agencies" for the purposes of this section means [boards of cooperative educational services, community colleges, agricultural and technical colleges and] school districts, boards of cooperative educational services, community colleges, agricultural and technical colleges, state university of New York college of technology and the seven state university of New York centers of advanced technology, and other postsecondary providers of occupational education as set forth annually by the commissioner as eligible recipients under the federal vocational education act of nineteen hundred eighty-four.

§ 22. Paragraph h of subdivision one of section thirty-six hundred two of such law is repealed. Paragraph i of subidivision* one of section thirty-six hundred two of such law, as amended by chapter fifty-three of the laws of nineteen hundred eighty-four, is amended to read as follows:

§ 23.

i. "Pupil wealth ratio" shall mean the number computed to three decimals without rounding obtained when actual valuation of a school district divided by the total wealth pupil units is divided by the statewide average actual valuation per total wealth pupil unit as computed by the commissioner in accordance with the provisions of this section. Such statewide average actual valuation per total [pupil] wealth pupil unit shall be established each year by the commissioner before March first pursuant to regulations approved by the director of the budget and transmitted to the school districts. For aid payable in the school year nineteen hundred [eighty-four--eighty-five] eightyfive--eighty-six, such statewide average shall be [eighty-eight] ninetyfour thousand one hundred.

§ 24. Paragraph j of subdivision one of section thirty-six hundred two of such law, as amended by chapter four hundred nineteen of the laws of nineteen hundred eighty-two, is amended to read as follows:

shall mean

j. "Operating aids base" for the purposes of this section the total amount a district was eligible to receive during the base year under the provisions of subdivisions twelve and thirteen or eighteen of this section, exclusive of transition aid under such subdivision eighteen of this section, or under any other law in lieu of such subdivisions.

§ 25. Paragraph k of subdivision one of section thirty-six hundred two of such law, as amended by chapter fifty-three of the laws of nineteen hundred eighty-four, is amended to read as follows:

k. "Alternate pupil wealth ratio" shall mean the number computed to three decimals without rounding obtained when the adjusted gross income of a school district for the calendar year prior to the calendar year in which the base year began divided by the total wealth pupil units of such district is divided by the statewide adjusted gross income per total wealth pupil unit as computed by the commissioner pursuant to regulations adopted by him for such purpose. Such statewide average gross income per pupil shall be established each year by the commissioner pursuant to such regulations approved by the director of the budget and

* So in original. (Word misspelled.)

AID TO LOCALITIES

shall be transmitted to school districts by March first. For aid payable in the school year nineteen hundred [eighty-four--eighty-five] eightyfive--eighty-six, such statewide average shall be [forty-three] fortyseven thousand [eight] three hundred dollars. For the purposes of this paragraph, the income data shall be computed in accordance with regulations adopted by the state tax commission based upon personal income tax returns for the calendar year two years prior to the calendar year in which the current school year commences. The income of the city school district of the city of New York shall be the sum of the income of the boroughs of the city.

§ 26. Paragraph a of subdivision two-b of section thirty-six hundred two of such law, as added by chapter fifty-three of the laws of nineteen hundred eighty-one, is amended to read as follows:

a. For the school years commencing July first, nineteen hundred seventy-nine and thereafter total wealth pupil units will be computed using the adjusted average daily attendance for the year prior to the base year as computed in this section, plus the attendance of resident pupils attending public school elsewhere, less the attendance of nonresident pupils plus the attendance of resident pupils attending full-time in board of cooperative educational services (not otherwise specifically included), plus, for aid payable in the school year nineteen hundred eighty--nineteen hundred eighty-one the attendance of pupils with handicapping conditions for whom the district has contracted under the provisions of section forty-four hundred two of this chapter, plus the additional aidable pupil units as computed pursuant to subdivisions nine and nine-a of this section, excluding summer [and evening] school pupils. The attendance of nonresident pupils attending public school in the district and resident pupils attending such schools outside of the district shall be determined by applying to the number of such pupils registered during the school year in each case the ratio of aggregate days attendance to the possible aggregate days attendance of all pupils in attendance in the district. Native American pupils of a reservation attending public school, or pupils living on the United States military military reservation at West Point attending public school, shall be deemed to be resident pupils of the district providing such school, for purposes of paragraph. Where a school district has entered into a contract with state university pursuant to paragraph o of subdivision two of section three hundred fifty-five of this chapter under which the school district makes payment in the nature of tuition for the education of certain children residing in the district, such children for whom such tuition payments are made shall be deemed to be resident pupils of such district for the purposes of this paragraph. [A school district may elect the highest seven of eight or nine of ten attendance periods for the purpose of computing wealth units.]

§ 27. Subparagraph two of paragraph a of subdivision three of section thirty-six hundred two of such law, as amended by chapter two hundred fifty-seven of the laws of nineteen hundred eighty-four, is amended to read as follows: (2) The

commissioner before March first of each year shall determine the state average actual valuation per pupil in weighted average daily attendance for the preceding school year and shall transmit such figure to the school districts. [For aid payable in the school year nineteen hundred eighty-three--eighty-four, such state average shall be ninetysix thousand dollars.]

AID TO LOCALITIES

§ 28. Subdivision four of section thirty-six hundred two of such law, as added by chapter nine hundred seventy-six of the laws of nineteen hundred seventy-one and as renumbered by chapter two hundred forty-one of the laws of nineteen hundred seventy-four, is amended to read as follows:

4.

Notwithstanding any other provision of this article to the contrary, when a school district operates for a half day session because of a [holiday schedule] parent-teacher conference or workshops for teachers, it shall be apportioned with the same amount of state aid for pupils attending kindergarten as if both morning and afternoon kindergarten groups were in attendance although only one kindergarten class attends school. The school district shall provide that morning and afternoon kindergarten groups shall alternate in attendance if more than one half day session is scheduled during the school year.

§ 29. Paragraph d of subdivision five of section thirty-six hundred two of such law, as added by chapter four hundred fourteen of the laws of nineteen hundred seventy-two and such subdivision as renumbered by chapter two hundred forty-one of the laws of nineteen hundred seventyfour, is amended to read as follows:

d. Any apportionment as herein computed shall be subject to regulations promulgated by the commissioner and shall not be deducted in determining approved operating expenses of the district [for the purpose of computation of any apportionment] pursuant subdivision [five] eleven of this section.

§ 30. The opening paragraph of subdivision six of section thirty-six hundred two of such law, as amended by chapter six hundred sixty-five of the laws of nineteen hundred seventy-four, is amended to read as follows:

Apportionment for capital outlays and debt service for school building purposes. Any apportionment to a school district pursuant to this subdivision shall be based upon base year approved expenditures for capital outlays from its general fund, capital fund or reserved funds and curyear [approvide] approved expenditures for debt service and lease or other annual payments to the New York city educational construction fund created by article ten of this chapter or the city of Yonkers educational construction fund created by article ten-B of this chapter which have been pledged to secure the payment of bonds, notes or other obligations issued by the fund to finance the construction, acquisition, reconstruction, rehabilitation or improvement of the school portion of combined occupancy structures, or for lease or other annual payments to the New York state urban development corporation created by chapter one hundred seventy-four of the laws of nineteen hundred and sixty-eight, pursuant to agreement between such school district and such corporation relating to the construction, acquisition, reconstruction, rehabilitation or improvement of any school building or for lease or other annual payments to another school district pursuant to an agreement made under the provisions of section four hundred three-b of this chapter. In any such case approved expenditures shall be only for new construction, reconstruction, purchase of existing structures, for site purchase and improvement, for new garages, for original equipment, furnishings, machinery, or apparatus, and for professional fees and other costs incidental to such construction or reconstruction, or purchase of existing structures.

AID TO LOCALITIES

§ 31. Paragraph c of subdivision six of section thirty-six hundred two of such law, as amended by chapter fifty-three of the laws of nineteen hundred eighty-four, is amended to read as follows:

c.

For aid payable in the school year nineteen hundred [eighty-four-eighty-five] eighty-five--eighty-six, any school district may compute aid under the provisions of this subdivision using the aid ratio computed for use in the current year or the aid ratio computed for use in any year commencing with the nineteen hundred eighty-one--eighty-two school year; provided that, school districts who are eligible for aid under paragraph f of subdivision fourteen of this section may compute aid under the provisions of this subdivision using the appropriate aid ratio of the reorganized district or an aid ratio computed for use in any year commencing with the nineteen hundred eighty-one--eighty-two school year for any of the individual school districts which existed prior to the date of the reorganized school district.

§ 32. Paragraphs a and b of subdivision seven of section thirty-six hundred two of such law, paragraph a as amended by chapter two hundred fifty-seven of the laws of nineteen hundred eighty-four, and paragraph b as separately amended by chapters five hundred thirty-five and five hundred thirty-six of the laws of nineteen hundred eighty-four, are amended to read as follows:

a. In addition to the foregoing apportionment, there shall be apportioned to any school district for pupil transportation, ninety per centum of its approved transportation expense for the base year[; except that any such district shall be entitled to an additional apportionment equal to eighty per centum of its base year approved expenses for transportation personnel for retirement benefits not covered in paragraph b of this subdivision].

b. For the purposes of this apportionment, approved transportation expense shall be the actual expenditure incurred by a school district and approved by the commissioner (i) for those items for which an allowance would be provided under section thirty-six hundred twenty-seven for the transportation of pupils as defined in section thirty-six hundred twenty-one if the district were eligible for transportation quota state aid under part two of this article, and (ii) for the transportation required or authorized pursuant to article eighty-nine, and (iii) (iii) for regional ΟΙ joint transportation systems and (iv) for computerized bus routing services, (v) for the transportation of any pupil during the school day to and from programs at a board of cooperative educational services or to or from approved shared programs at other school districts, which programs may lead to a diploma or a high school equivalency diploma or to or from Occupational education programs operated within the district, [and] (vi) for the purchase of two-way radios to be used on old and new school buses, and [(vi)] (vii) for the purchase of stop-arms as defined by subdivision twenty of section two of this chapter, to be used on old and new school buses. Approved transportation expense shall include employers' social security contributions for transportation personnel. Approved transportation expense shall also all salaries and retirement benefits related to transportation, except salaries and retirement benefits for assistant drivers on buses transporting nonhandicapped pupils; and health, premiums for transportation personnel for whom premiums for collision and other insurance

life and other insurance salaries are approved, coverage, uniforms; and

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AID TO LOCALITIES

equipment and other expenses as approved pursuant to regulations of the commissioner.

[Notwithstanding the provisions of section thirty-six hundred two of this chapter, in addition to any other apportionments to school districts the purchase of stop-arms for use on old and new school owned buses shall be entitled to state aid as apportioned in this subdivision. ]

§ 33. Paragraph a of subdivision nine of section thirty-six hundred two of such law, as amended by chapter fifty-three of the laws of nineteen hundred eighty-four, is amended to read as follows:

a. The additional aidable pupil units used to compute total aidable pupil units pursuant to subdivision eight of this section shall be computed as follows: The attendance of pupils with special educational needs shall be multiplied by twenty-five per centum, the attendance of summer session pupils shall be multiplied by twelve per centum[, and for aid payable in the nineteen hundred eighty-four--eighty-five school year the attendance of evening school pupils shall be multiplied by fifty per centum]. The sum of such products shall constitute the additional aidable pupil units. Nothing contained in this subdivision shall be construed to result in the inclusion of the attendance of summer session or evening school pupils in the computation of weighted or adjusted average daily attendance pursuant to subdivision two of this section.

§ 34. The opening paragraph of subdivision eleven of section thirtysix hundred two, as added by chapter two hundred forty-one of the laws of nineteen hundred seventy-four, is amended to read as follows:

[Operating] Approved operating expense [aid]. The [apportionment] approved operating expense for apportionments to any school district hereunder shall be computed as follows:

§ 35. Subdivision twelve of section thirty-six hundred two of such law, as added by chapter fifty-three of the laws of nineteen hundred eighty-four, is amended to read as follows:

12. Computation of general operating aid. general operating aid. a. The apportionment to school districts for operating expense shall be the [sum of the apportionment computed pursuant to paragraph b of this subdivision and the] greater of the amounts computed pursuant to paragraphs b and c [and d] of this subdivision or if applicable, pursuant to paragraph b of subdivision fifteen of this section.

b. [Computation of the basic staff development grant. For aid payable in the school year nineteen hundred eighty-four--eighty-five, the apportionment to any school district hereunder shall be computed by multiplying twenty dollars by the district's total aidable pupil units. Such apportionment shall be subject to adjustment by the commissioner based upon reports of actual staff participation in the approved programs and any overpayment that shall have been made shall be deducted from any state aid payable to the district in the following school year. Failure to file an approvable plan of staff participation as required by the commissioner may result in the deduction of twenty dollars times the district's total aidable pupil units pursuant to subdivision twentyseven of this section.

c.] Computation of formula operating aid. The apportionment to any school district hereunder shall be computed by multiplying the formula operating aid ceiling minus the maximum basic staff development grant per pupil by the operating aid ratio with the product multiplied by the district's total aidable pupil units.

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