* § 3614. Statement of the total funding allocation. 1.
Notwithstanding any provision of law, rule or regulation to the
contrary, commencing with the two thousand eighteen--two thousand
nineteen school year for school districts which contain at least four
schools as reported in the school report card database produced by the
commissioner for the two thousand sixteen--two thousand seventeen school
year and which receive at least fifty percent of total revenue from
state aid as reported in the fiscal profiles master files report
produced by the commissioner concerning data on school district
expenditures and revenues for the two thousand fifteen--two thousand
sixteen school year and for school districts located in a city with a
population of more than one million, and commencing with the two
thousand nineteen--two thousand twenty school year for school districts
containing at least four schools as reported in the school report card
database produced by the commissioner for the two thousand sixteen--two
thousand seventeen school year, and commencing with the two thousand
twenty--two thousand twenty-one school year for all school districts
eligible for an apportionment pursuant to subdivision four of section
thirty-six hundred two of this part, such school districts shall
annually submit to the commissioner and the director of the budget and
shall make publicly available and on the district website a detailed
statement of the total funding allocation for each school in the
district for the upcoming school budget year on or before the Friday
prior to Labor Day of such school year, provided that:
a. Such statements shall be in a statewide uniform form developed by
the director of the budget, in consultation with the commissioner,
provided that when preparing statements districts shall adhere to and
complete the prescribed form accurately and fully, and provided further
that the director of the budget shall request in such form only
information that is known to, or may be ascertained or estimated by, the
district. Provided, further, that each local educational agency shall
include in such statement the approach used to allocate funds to each
school and that such statement shall include but not be limited to
separate entries for each individual school, demographic data for the
school, per pupil funding level, source of funds, and uniform decision
rules regarding allocation of centralized spending to individual schools
from all funding sources.
b. Within forty-five days of submission of such statement by a school
district, the commissioner and director of the budget shall review such
statement and determine whether the statement is complete and is in the
format required by paragraph a of this subdivision. If such statement is
determined to be complete and in the format required by paragraph a of
this subdivision, a written acknowledgement of such shall be sent to the
school district. If no determination is made by the commissioner and the
director of the budget within forty-five days of submission of the
statement, such statement shall be deemed approved. Should the
commissioner or the director of the budget request additional
information from the school district to determine completeness, the
district shall submit such requested information to the commissioner and
the director of the budget within thirty days of such request and the
commissioner and the director of the budget's deadline for review and
determination shall be extended by forty-five days from the date of
submission of the additional requested information. If the commissioner
or director of the budget determine a school district's spending
statement to be noncompliant, such school district shall be allowed to
submit a revised spending statement at any time.
c. If a school district fails to submit a statement that is complete
and in the format required by paragraph a of this subdivision on or
before the Friday prior to Labor Day of such school year or if the
commissioner or director of the budget determine the school district's
spending statement to be noncompliant, a written explanation shall be
provided and the school district will have thirty days to cure. If the
school district does not cure within thirty days, at the joint direction
of the director of the budget and the commissioner, the comptroller of
the city in which such school district is situated, or if the city does
not have an elected comptroller, the chief financial officer of the
city, or for school districts not located in a city, the chief financial
officer of the town in which the majority of the school district is
situated shall be authorized, at his or her discretion, to obtain
appropriate information from the school district, and shall be
authorized to complete such form and submit such statement to the
director of the budget and the commissioner for approval in accordance
with paragraph b of this subdivision. Where the comptroller or chief
financial officer exercises the authority to submit such form, such
submission shall occur within sixty days following notification of the
school district's failure to cure. Nothing in this paragraph shall
preclude a school district from submitting a spending statement for
approval by the director of the budget and the commissioner at any time.
2. Nothing in this section shall alter or suspend statutory school
district budget and voting or approval requirements.
3. a. For the two thousand nineteen--two thousand twenty school year
and thereafter, any school district that is required to submit a
statement under subdivision one of this section for the base year with
an underfunded high-need school shall prioritize all such underfunded
high-need schools among its individual schools, and shall submit to the
commissioner on or before September first of the current year a report
specifying how such district effectuated appropriate funding for the
underfunded high-need schools.
b. On or before May first of the base year, the director of the budget
shall produce a list of underfunded high-need schools, as defined in
paragraph c of this subdivision. Provided, however, that the director of
the budget shall exclude from this list schools within district
seventy-five of the city school district of New York, schools that are
of the same school type within a district but do not serve any grade
levels that overlap, schools serving only students in prekindergarten,
or any other schools with irregular or outlying properties.
c. For purposes of this subdivision:
(1) "school type" for any school shall mean elementary, middle, high,
pre-k only, or K-12, as defined by the commissioner, provided that for
purposes of this subdivision, a "middle" school shall include any school
with the grade organization of either a middle school or a junior high
school, and a "high" school shall include any school with the grade
organization of either a senior high school or a junior-senior high
school;
(2) "underfunded high-need school" shall mean a school within a school
district that has been deemed both a significantly high-need school and
a significantly low funded school;
(3) "student need index" for any school shall mean the quotient
arrived at when dividing the weighted student enrollment as defined
herein by the K-12 enrollment for the base year as reported on the
statement required pursuant to this section;
(4) "average student need index by school type" shall mean the
quotient arrived at when dividing the sum of weighted student enrollment
as defined herein for all schools within a school district of the same
school type by the K-12 enrollment for the base year for all schools in
a school district of the same school type as reported on the statement
required pursuant to this section;
(5) "weighted student enrollment" for any school shall mean the sum
of: (A) K-12 enrollment plus (B) the product of the number of students
eligible to receive free and reduced price lunch multiplied by
sixty-five one-hundredths (0.65) plus (C) the product of the number of
English language learners multiplied by one-half (0.5), plus (D) the
product of the number of students with disabilities multiplied by one
and forty-one one-hundredths (1.41), for the base year as reported on
the statement required pursuant to this section;
(6) "significantly high-need school" shall mean a school with a
student need index greater than the product of the average student need
index by school type within the school district multiplied by one and
five one-hundredths (1.05);
(7) "per pupil expenditures" for any school shall mean the quotient
arrived at when dividing the expenditure amount as reported for the base
year in the statement required pursuant to this section, excluding
expenditures for prekindergarten and preschool special education
programs and central district costs by the weighted student enrollment
of the school;
(8) "average per pupil expenditures by school type" shall mean the
quotient arrived at when dividing (A) the sum of the expenditure amounts
reported for the base year in the statement required pursuant to this
section, excluding expenditures for prekindergarten and preschool
special education programs and central district costs, for all schools
within a school district of the same school type by (B) the weighted
student enrollment for the base year for all schools in a school
district of the same school type as reported on the statement required
pursuant to this section;
(9) "significantly low funded school" shall mean a school within a
school district that has per pupil expenditures less than the product of
the average per pupil expenditures by school type within the school
district multiplied by ninety-five one-hundredths (0.95).
(10) "base year" shall mean the base year as defined in paragraph b of
subdivision one of section thirty-six hundred two of this part.
(11) "current year" shall mean the current year as defined in
paragraph a of subdivision one of section thirty-six hundred two of this
part.
* NB Repealed June 30, 2023