N.Y. Comp. Codes R. & Regs. tit. 8 § 175.42

Current through Register Vol. 46, No. 45, November 2, 2024

Section 175.42 - Apportionment of moneys during the first school year of a reorganization of school districts as a result of the partitioning of territory and formation of new school districts by district superintendents when the effective date of such reorganization is after july first

(a) Definitions. For the purposes of this section:

(1) New school district shall mean a new school district as defined in paragraph e of subdivision 1 of section 2218 of the Education Law.

(2) Pre-existing school district shall mean a pre-existing school district as defined in paragraph f of subdivision 1 of section 2218 of the Education Law.

(3) Remaining school district shall mean a remaining school district as defined in paragraph g of subdivision 1 of section 2218 of the Education Law.

(4) Initial public school district enrollment shall mean the sum as reported to the commissioner of:

(i) the number of children on a regular enrollment register of a new school district or a remaining school district on the last day of the first attendance period immediately following the effective date of the reorganization;

(ii) the number of children eligible to receive home instruction in the school district on such date;

(iii) the number of children for whom equivalent attendance must be computed pursuant to subdivision 1 of section 3602 of the Education Law on such date;

(iv) the number of children with disabilities who are residents of such district who are registered on such date to attend programs under the provisions of paragraph c of subdivision 2 of section 4401 of the Education Law;

(v) the number of children eligible to receive educational services on such date but not claimed for aid pursuant to subdivision 7 of section 3202 of the Education Law; and

(vi) the number of children registered on such date to attend programs pursuant to subdivision 2 of section 355 of the Education Law or pursuant to an agreement between the city school district of the city of New York and Hunter College pursuant to section 6216 of the Education Law.

(5) Initial nonpublic school enrollment within the district shall mean the number of children on a regular enrollment register of a nonpublic school meeting the compulsory attendance law and located within the boundaries of the new school district or the remaining school district for which enrollment is being determined, as reported to the commissioner by such new school district or by such remaining school district on the last day of the first attendance period immediately following the effective date of the reorganization.

(6) Initial resident public school district enrollment shall mean the initial public school district enrollment less the initial public school district enrollment of nonresident pupils attending public schools in the district, plus the initial public school district enrollment of pupils resident in the district but attending public schools in another district or state plus the initial public school district enrollment of pupils resident in the district but attending full-time a school operated by a board of cooperative educational services or a county vocational education and extension board. Indian pupils who are residents of any portion of a reservation located wholly or partly within the borders of the State pursuant to subdivision 4 of section 4101 of the Education Law and are attending public school, or pupils living on the United States military reservation at West Point attending public school, shall be deemed to be resident pupils of the district providing such school, for purposes of this paragraph. Where a school district has entered into a contract with the State University pursuant to subdivision 2 of section 355 of the Education Law under which the school district makes payments 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.

(7) Initial resident nonpublic school enrollment shall mean the number of children who are residents of the district for which enrollment is being determined and are on a regular enrollment register of a nonpublic school meeting the compulsory attendance law on the last day of the first attendance period immediately following the effective date of the reorganization as such number is reported to the commissioner by such new school district or by such remaining school district.

(8) Initial resident pupils with disabilities shall mean the number of pupils with disabilities, as reported to the commissioner by the new school district or by the remaining school district, who are residents of the district for which enrollment is being determined and are registered, as of the last day of the first attendance period immediately following the effective date of the reorganization, to receive special education services or attend programs which meet criteria established by the commissioner and are operated by a public school district or a board of cooperative educational services.

(9) Length of school year adjustment factor shall mean the quotient, expressed as a decimal to five places without rounding, of the total number of calendar days from and including the effective date of the reorganization to and including June 30th of the school year in which the reorganization became effective divided by 365.

(10) Aid to be apportioned shall mean any aids that would have been payable during the current school year to the pre-existing district if partitioning had not occurred pursuant to:

(i) paragraph g of subdivision 2 of section 3602 of the Education Law, tuition adjustment aid;

(ii) subdivision 7 of section 3602 of the Education Law, transportation aid;

(iii) subdivision 18 of section 3602 of the Education Law, aids subject to transition;

(iv) paragraph e of subdivision 12 of section 3602 of the Education Law, extraordinary needs aid;

(v) subdivision 12-a of section 3602 of the Education Law, aid for conversion to full day kindergarten;

(vi) subdivision 13 of section 3602 of the Education Law, growth aid;

(vii) subdivision 20 of section 3602 of the Education Law, shared services aid;

(viii) subdivision 21 of section 3602 of the Education Law, tax limitation aid;

(ix) subdivision 22 of section 3602 of the Education Law, limited English proficiency aid;

(x) subdivision 23 of section 3602 of the Education Law, gifted and talented program aid;

(xi) subdivision 26 of section 3602 of the Education Law, instructional computer hardware and technology equipment aid;

(xii) subdivision 26-a of section 3602 of the Education Law, aid for instructional computer technology;

(xiii) subdivision 32 of section 3602 of the Education Law, educationally related support services aid;

(xiv) subdivision 36 of section 3602 of the Education Law, urban-suburban transfer program aid;

(xv) subdivision 38 of section 3602 of the Education Law, operating standards aid;

(xvi) section 701 of the Education Law, textbook aid;

(xvii) section 711 of the Education Law, library materials aid;

(xviii) section 751 of the Education Law, computer software aid;

(xix) subdivision 5 of section 1950 of the Education Law, BOCES aid;

(xx) subdivision 19 of section 3602 of the Education Law, public excess cost aid; and

(xxi) any other aids that may be identified for this purpose by statute or by the commissioner.

(11) Adjusted aid shall mean the product, expressed as a whole number to the next higher dollar, of the aid to be apportioned and the length of school year adjustment factor.

(b) Apportionment of moneys to the new school district. There shall be apportioned to the new school district during the first school year of reorganization an amount equal to the sum of the amounts computed pursuant to paragraphs (1)-(4) of this subdivision as follows:

(1) an amount equal to the product of the quotient, expressed as a decimal to four places, of the initial public school district enrollment of the new school district divided by the sum of such enrollments for the new school district and the remaining school district multiplied by the sum of the following adjusted aids:

(i) tuition adjustment aid;

(ii) transportation aid;

(iii) aids subject to transition;

(iv) extraordinary needs aid;

(v) aid for conversion to full day kindergarten;

(vi) growth aid;

(vii) shared services aid;

(viii) tax limitation aid;

(ix) limited English proficiency aid;

(x) gifted and talented program aid;

(xi) instructional computer hardware and technology equipment aid;

(xii) aid for instructional computer technology;

(xiii) educationally related support services aid;

(xiv) urban-suburban transfer program aid;

(xv) operating standards aid;

(xvi) BOCES aid; and

(xvii) any other aids that may be identified for this purpose by statute or by the commissioner;

(2) an amount equal to the product of the quotient, expressed as a decimal to four places, of the sum of the initial resident public school district enrollment and initial resident nonpublic school enrollment of the new school district divided by the sum of such enrollments for the new school district and the remaining school district multiplied by the sum of the following adjusted aids:

(i) textbook aid; and

(ii) any other aids that may be identified for this purpose by statute or by the commissioner;

(3) an amount equal to the product of the quotient, expressed as a decimal to four places, of the sum of the initial public school district enrollment and initial nonpublic school enrollment of the new school district divided by the sum of such enrollments for the new school district and the remaining school district multiplied by the sum of the following adjusted aids:

(i) library materials aid;

(ii) computer software aid; and

(iii) any other aids that may be identified for this purpose by statute or by the commissioner; and

(4) an amount equal to the product of the quotient, expressed as a decimal to four places, of the sum of the initial resident pupils with disabilities of the new school district divided by the sum of such initial resident pupils with disabilities for the new school district and the remaining school district multiplied by the sum of the following adjusted aids:

(i) public excess cost aid; and

(ii) any other aids that may be identified for this purpose by statute or by the commissioner.

(c) Apportionment of moneys to the remaining school district. There shall be apportioned to the remaining school district during the first school year of reorganization an amount equal to the sum of the amounts computed pursuant to paragraphs (1)-(5) of this subdivision as follows:

(1) an amount equal to the product of the quotient, expressed as a decimal to four places, of the initial public school district enrollment of the remaining school district divided by the sum of such enrollments for the new school district and the remaining school district multiplied by the sum of the following adjusted aids:

(i) tuition adjustment aid;

(ii) transportation aid;

(iii) aids subject to transition;

(iv) extraordinary needs aid;

(v) aid for conversion to full day kindergarten;

(vi) growth aid;

(vii) shared services aid;

(viii) tax limitation aid;

(ix) limited English proficiency aid;

(x) gifted and talented program aid;

(xi) instructional computer hardware and technology equipment aid;

(xii) aid for instructional computer technology;

(xiii) educationally related support services aid;

(xiv) urban-suburban transfer program aid;

(xv) operating standards aid;

(xvi) BOCES aid; and

(xvii) any other aids that may be identified for this purpose by statute or by the commissioner;

(2) an amount equal to the product of the quotient, expressed as a decimal to four places, of the sum of the initial resident public school district enrollment and initial resident nonpublic school enrollment of the remaining school district divided by the sum of such enrollments for the new school district and the remaining school district multiplied by the sum of the following adjusted aids:

(i) textbook aid; and

(ii) any other aids that may be identified for this purpose by statute or by the commissioner;

(3) an amount equal to the product of the quotient, expressed as a decimal to four places, of the sum of the initial public school district enrollment and initial nonpublic school enrollment within the district of the remaining school district divided by the sum of such enrollments for the new school district and the remaining school district multiplied by the sum of the following adjusted aids:

(i) library materials aid;

(ii) computer software aid; and

(iii) any other aids that may be identified for this purpose by statute or by the commissioner;

(4) an amount equal to the product of the quotient, expressed as a decimal to four places, of the sum of the initial resident pupils with disabilities of the remaining school district divided by the sum of such initial resident pupils with disabilities for the new school district and the remaining school district multiplied by the sum of the following adjusted aids:

(i) public excess cost aid; and

(ii) any other aids that may be identified for this purpose by statute or by the commissioner; and

(5) an amount equal to the difference of the sum of the aids to be apportioned minus the sum of the adjusted aids.

(d) Apportionment of moneys to the new school district and to the remaining school district pursuant to subdivisions 6, 6-a, 6-b and 6-d of section 3602 of the Education Law. The apportionments payable pursuant to subdivisions 6, 6-a, 6-b and 6-d of section 3602 of the Education Law related to capital expenditures for construction, acquisition, lease, reconstruction, rehabilitation or improvement of a school facility shall be paid to the school district to which such facility has been transferred pursuant to the plan for reorganization as approved pursuant to paragraph d of subdivision 3 of section 2218 of the Education Law, provided that any such apportionment computed on approved debt service related to such capital expenditures shall be paid to the school district that, pursuant to such approved plan for reorganization, is responsible for the bonded indebtedness of the pre-existing school district upon which such debt service expenditures are payable.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 175.42