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AID TO LOCALITIES

[d.] c. Computation of alternate operating aid. The apportionment for alternate operating aid shall be equal to the product of three hundred [forty] sixty dollars and the district's total aidable pupil units.

[e.] d. Formula operating aid ceiling. For aid payable in the school year nineteen hundred eighty-four--eighty-five and thereafter, the formula operating aid ceiling shall be [two] three thousand [seven hundred seventy] fifty dollars.

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

b. Any district having a growth index in excess of one hundred per centum shall be paid an additional amount in the current year determined by multiplying such excess by the amount [computed] of the apportionment selected pursuant to subdivision twelve of this section.

§ 37. Paragraph f of subdivision fourteen of section thirty-six hundred two of such law, as added by chapter six hundred thirty of the laws of nineteen hundred eighty-three, is relettered paragraph g.

§ 38. Subdivision fourteen of section thirty-six hundred two of such law is amended by adding a new paragraph h to read as follows:

h. Efficiency study grants. Any school district which is eligible to receive an apportionment under this section or section thirty-six hundred two-b of this article may submit plans to the commissioner for the purpose of receiving a grant to study reorganization of the the district with one or more school districts or the sharing of programs between such districts and other school districts. Plans shall be in the form

prescribed by by the commissioner and approved by him in accordance with regulations adopted for such purposes.

After his approval of a plan, the commissioner may award a maximum grant of twenty thousand dollars per study. Grants awarded pursuant to this paragraph shall be paid notwithstanding the provisions of section thirty-six hundred nine of this article.

§ 39. Paragraph b of subdivision fifteen of section thirty-six hundred two of such law, as added by chapter two hundred forty-one of the laws of nineteen hundred seventy-four, is amended to read as follows:

b. In computing general operating [expense] aid to the city school district of the city of New York, such district may elect to receive such aid computed on a city-wide basis[,]; or [as though] such city school district may compute in the following manner an apportionment for each borough as if it were a separate city school district: for each borough such city school district may elect the greater of the amount computed pursuant to paragraph b of subdivision twelve of this section or an amount equal to one hundred five dollars multiplied by the total aidable pupil units used to compute such paragraph b subdivision twelve amount. If aid is paid on a borough basis, such city school district shall file with respect to each borough, all reports required by the commissioner. The amount included in such reports relating to operating expense and including general overhead and administration in each borough shall be such proportion of the amount expended from general overhead and administration for the entire city-wide school district as the total aidable pupil units of such borough bears to the sum of the total aidable pupil units for all boroughs.

§ 40. Subparagraph one of paragraph a of subdivision sixteen of section thirty-six hundred two of such law, as added by chapter fifty-three

AID TO LOCALITIES

of the laws of nineteen follows:

hundred eighty-four, is amended to read as

(1) Tax rate. Tax rate for the purposes of this subdivision shall be computed by dividing a school district's total revenues from real property and non-property tax levies for the base year levied for school purposes exclusive of library purposes and exclusive of any balances in excess of six percent of general fund expense remaining in the general fund of the district at the end of the base year, divided by such district's actual valuation [for the school year prior to the base year] as defined in subdivision one of this section. Such tax rate shall be

computed to five decimals without rounding and shall be multiplied by one thousand to be expressed in mills.

§ 41. Paragraph b of subdivision sixteen 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:

b. High tax apportionment. In addition to any other apportionment of this section, a school district, except a school district in a city having a population of more than one million, shall be eligible to receive a high tax apportionment which shall be the sum of the apportionments computed pursuant to this paragraph.

(1) Tier I high tax apportionment. Tier I high tax apportionment shall equal the product of [one] two hundred [ninety] dollars multiplied by the tier I high tax factor multiplied by the district's total aidable pupil units for operating aid purposes. Tier I high tax factor shall be computed as follows: the state average tax rate computed pursuant to regulations of the commissioner by March first of each year shall be subtracted from the wealth adjusted tax rate and the difference shall be divided by seventy mills and the result shall be expressed as a factor to three decimals rounded and shall not be greater than one. [For aid payable in the school year nineteen hundred eighty-four--eighty-five, such state average tax rate shall be twenty-three mills.]

(2) Tier II high tax apportionment. Districts with a tax rate greater than the higher of twenty-six and five-tenths mills or the state average tax rate, which district received an apportionment pursuant to subparagraph one of this paragraph, shall be eligible to receive an apportionment under this subparagraph. For such districts, tier II high tax apportionment shall equal the product of [one] two hundred [twenty] dollars multiplied by the tier II high tax factor multiplied by the district's total aidable pupil units for operating aid purposes. Tier II high tax factor shall be computed as follows: twenty-six and five-tenths mills shall be subtracted from the tax rate and the difference shall be divided by eighteen mills and the result shall be expressed as a factor to three decimals rounded and shall not be greater than one.

§ 42. Paragraph b of subdivision seventeen 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:

b. There shall be apportioned to such city school districts for pupils in grades ten through twelve in attendance in Occupational education programs as such programs are defined by the commissioner, subject for the purposes of this paragraph to the approval of the director of the budget, an amount for each such pupil to be computed by multiplying the [operating] occupational education aid ratio [but not less than thirty per centum] by eighty-five percent of the formula operating aid ceiling rounded to the nearest [ten] five dollars. Such aid will be payable for

AID TO LOCALITIES

pupils attending occupational education programs operated by the school district and for pupils for whom such school district contracts with boards of cooperative educational services to attend occupational education programs operated by a board of cooperative educational services. The Occupational education aid ratio shall be computed by subtracting from one the product obtained by multiplying fifty-nine percent by the combined wealth ratio. This aid ratio shall be expressed as a decimal carried to three places without rounding, but not less than thirty-six percent.

§ 43. Subdivision eighteen of section thirty-six hundred two of such law, as amended by chapter fifty-three of the laws of nineteen hundred eighty-four, paragraph e as added by chapter two hundred fifty-seven of the laws of nineteen hundred eighty-four, is amended to read as follows: 18. a. Minimum apportionment. For aid payable in the school year nineteen hundred [eighty-four--eighty-five] eighty-five--eighty-six, a district may elect to receive the higher of (1) the apportionment computed under subdivisions twelve and thirteen of this section for the current year or (2) the operating aids base.

city school district in a city having a population of more than one million [may compute its operating aid under subdivisions twelve and thirteen of this section for each borough. Notwithstanding subdivision fifteen of this section, such city school district shall take the sum of such amounts under subdivisions twelve and] shall use the total of its apportionment selected pursuant to subdivision twelve of this section plus any apportionment computed to subdivision thirteen and the [sum of the] operating aids base [and such sums shall be used] of such city school district as a whole in computing the minimum apportionment pursuant to this subdivision.

c. Aid under this section shall be be paid during the school year nineteen hundred [eighty-four--eighty-five] eighty-five--eighty-six, notwithstanding the provisions of paragraph b of subdivision fourteen of this section.

d.

For aid payable in the school year nineteen hundred [eighty-four-eighty-five] eighty-five--eighty-six, any school district shall be eligible to receive an apportionment equal to the positive difference resulting when the sum of aids under subdivisions twelve and thirteen of this section or this subdivision plus aid under subdivision sixteen for current year are subtracted from such aids [plus aid under former subdivision sixteen-a of this section] for the base year.

e.

For aid payable in the school year nineteen hundred eighty-five-eighty-six, any school district shall be eligible to receive an apportionment equal to the positive difference resulting when the sum of aids under subdivisions twelve and thirteen of this section or this subdivision are subtracted from such aids plus aid under former subdivision twenty of this section for the base year.

f. Any reference in this chapter to operating aid payable pursuant to this subdivision or this section shall not include the aid payable pursuant to [paragraph] paragraphs d and e of this subdivision.

§ 44. Subparagraph c of paragraph one of subdivision nineteen of section thirty-six hundred two of such law, as amended by chapter fiftythree of the laws of nineteen hundred eighty-four, is amended to read as follows:

c. Expense per pupil for the purposes of this subdivision shall be not less than two thousand dollars and not more than the statewide average

AID TO LOCALITIES

of such expense per pupil rounded up to the nearest fifty dollars as computed by the commissioner for such year by March first of such year in accordance with regulations of the commissioner. [For aid payable in the school year nineteen hundred eighty-four--eighty-five, such statewide average shall be thirty-three hundred dollars.]

§ 45. Paragraph six of subdivision nineteen 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:

6. For aid payable in the school year nineteen hundred [eighty-four-eighty-five] eighty-five--eighty-six, any school district may receive the aid computed under subdivision nineteen for the base year amount computed under the provisions of this subdivision in the year.

or the current

§ 46. Subdivision twenty of section thirty-six hundred two of such law is repealed.

§ 47. Subdivision twenty-two 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:

22. Limited English Proficiency Aid. In addition to any other aid payable under the provisions of this section a school district shall be entitled to aid for conducting programs for pupils with limited English proficiency approved by the commissioner pursuant to the provisions of this chapter and in accordance with regulations adopted by him for such purpose. Such aid per pupil shall be computed by multiplying [ten] twelve per centum by the result obtained when operating aid payable in the current year pursuant to subdivision eighteen of this section is divided by the total aidable pupil units used to compute such aid, or the total aidable pupil unit which would have been used to compute formula aid pursuant to subdivision twelve of this section if no total aidable pupil units were used to compute such aid. Such aid per pupil will be multiplied by the number of pupils participating in such program computed in accordance with such regulations. For the school year commencing July first, nineteen hundred eighty-one aid shall be based upon pupil counts in the current year; thereafter such aid shall be based upon pupil counts in the base year. A school district shall be entitled to aid for such base year programs even though there may not be an approved program in the current year.

§ 48. Subdivision twenty-five 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:

25. Attendance Improvement/Dropout Prevention Apportionment. a. In addition to any other aid payable under the provisions of this section, school districts with an attendance ratio in the nineteen hundred

eighty-two--eighty-three school year [prior to the base year] at or below the tenth percentile statewide for such year shall be entitled to aid not to exceed the current year approved cost of conducting programs to improve student attendance and student retention pursuant to the provisions of this subdivision and in accordance with regulations adopted by the commissioner for such purpose. Such aid shall be computed by multiplying the positive remainder of one minus the district's

nineteen hundred eighty-two--eighty-three attendance ratio, by its enrollment by one hundred fifty-six dollars. For the purposes of this subdivision, the attendance ratio of the city school district of the city of New York shall be computed on a city-wide basis. Enrollment for the

AID TO LOCALITIES

purposes of this subdivision shall mean the enrollment of pupils attending public schools of a district and so enrolled on the first day of October in the base year in grades kindergarten through twelve. For aid payable in the school year nineteen hundred eighty-four--eighty-five and nineteen hundred eighty-five--eighty-six, this subdivision shall apply to any school district with an attendance ratio equal to or less than nine thousand two hundred eighty-five ten thousandths.

b. Attendance plan. (1) For the nineteen hundred [eighty-four--eightyfive] eighty-five--eighty-six school year and thereafter, school districts receiving aid under this subdivision shall file a plan including measurable performance objectives with commissioner by [August first] July fifteenth detailing a program pursuant to paragraph c of this subdivision to improve attendance and student retention and shall indicate how the district will use aid received under this subdivision for such purposes. Such plan shall [further] (i) provide for the targeting of monies to school buildings with chronic truancy rates higher than the district average; (ii) detail how programs funded under this subdivision will be coordinated with the dropout prevention programs of local public and private community agencies and organizations; (iii) detail procedures for reviewing the attendance and academic records of all pupils in the district during the two year period prior to [entering the ninth grade] entrance into high school for the purpose of identifying pupils with a high risk of truancy and academic failure; and (iv) provide for services to such students.

(2) A city school district in a city having a population of more than one million shall file a plan pursuant to this subdivision containing only such programs as are selected by the chancellor with the approval of the commissioner from replicable model attendance improvement/dropout prevention programs which have demonstrated effectiveness. Upon approval of the plan, the commissioner shall be authorized to make payments for such purposes pursuant to section thirty-six hundred nine of this chapter. Such districts shall also file an interim report with the commissioner by February first of the current year in a form prescribed by the commissioner.

c. Allowable costs. For the purposes of this subdivision, programs and services which may be approved by the commissioner pursuant to this subdivision shall include but not be limited to the services of additional staff in support of pupil personnel services including counseling, and the institution of new or additional programs for in-school suspension programs, work-experience, diagnostic screening, computerized telephone contact systems, alternative education programs and other services designed to improve student attendance and retention rates. Such services may be provided by contract with non-school based organizations. In no case shall the cost of similar services provided by the district in the nineteen hundred eighty-three--eighty-four school year be considered allowable costs for the purposes of this subdivision.

d. The commissioner is authorized to provide technical assistance to eligible school districts in developing a resource allocation plan in connection with programs funded according to this subdivision.

e. By March first of the current year, the commissioner shall cause to be prepared a report on the improvement in attendance and student retention in districts receiving aid under this subdivision, and shall submit such report along with appropriate recommendations to the legislature.

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