S3246-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Feb 14, 2011: REFERRED TO EDUCATION

S3246-2011 Memo

BILL NUMBER:S3246

TITLE OF BILL:
An act
to amend the education law, in relation to the projection of increases
in school enrollment

PURPOSE OR GENERAL IDEA OF BILL:
This bill would require school districts, when projecting enrollment
increases under a contingency budget, to use the lesser of an
increase in enrollment from the prior year or the lowest estimated
increase in enrollment used to determine a school budget prepared for
the year that was rejected by the voters of the school district.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds language to Subparagraph (v) of paragraph b of
Subdivision 4 of Section 2023 of the Education Law to require school
districts to use the lesser of an increase in enrollment from the
prior year or the lowest estimated increase in enrollment used to
determine a school budget prepared for the year that was rejected by
the voters of the school district.

Section 2 provides the effective date.

JUSTIFICATION:
School districts throughout the State have threatened school district
voters prior to a school district vote that a contingency budget will
be higher than the original proposed budget. This is due mainly to
statutory budget exclusions that have been enacted to accompany the
contingency cap.

Specifically, there have been occasions where school districts have
adjusted their original proposed budget projections under a
contingency budget cap and allowed the school district to increase
their contingency budget above the original proposed budget and the
statutory contingency cap. This bill will require school districts to
use the lesser of an increase in enrollment from the prior year or
the lowest estimated increase in enrollment used to determine a
school budget prepared for the year that was rejected by the voters
of the school district.

PRIOR LEGISLATIVE HISTORY:
2009-10: A.9993/S.7097, Education

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The act shall take effect on the first of July next succeeding the
date on which it shall become a law.

S3246-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 3246                                                  A. 5194
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 February 14, 2011
 
 IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Education
 IN ASSEMBLY -- Introduced by M. of A. AMEDORE, CALHOUN, CORWIN, SAYWARD,
 JORDAN -- Multi-Sponsored by -- M.   of A. BURLING --  read  once  and
 referred to the Committee on Education
 AN  ACT  to  amend  the  education law, in relation to the projection of
 increases in school enrollment
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subparagraph (v) of paragraph b of subdivision 4 of section
 2023 of the education law, as separately amended by section 1 of part D2
 of chapter 57 and chapter 422 of the laws of 2007, is amended to read as
 follows:

 (v)  expenditures  in the contingency budget attributable to projected
 increases in public school enrollment, which, for the  purpose  of  this
 subdivision,  may  include  increases  attributable to the enrollment of
 students attending a pre-kindergarten program established in  accordance
 with  section  thirty-six  hundred two-e of this chapter, to be computed
 based upon an increase in enrollment from the year  prior  to  the  base
 year  for  which  the budget is being adopted to the base year for which
 the budget is being adopted, provided that where the trustees  or  board
 of education have documented evidence that a further increase in enroll
 ment  will occur during the school year for which the contingency budget
 is prepared because of new construction, inception of a pre-kindergarten
 program, growth or similar factors,  the  expenditures  attributable  to
 such  additional enrollment may also be disregarded. NOTWITHSTANDING ANY
 OTHER PROVISION OF THIS SUBDIVISION, IN DETERMINING PROJECTED  INCREASES
 IN  PUBLIC  SCHOOL ENROLLMENT, A SCHOOL DISTRICT SHALL COMPUTE PROJECTED
 ENROLLMENT FOR THE CURRENT SCHOOL YEAR IN THE SAME MANNER AS  SET  FORTH
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07874-01-1
 
       S. 3246                             2                            A. 5194
 IN  PARAGRAPH  G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS CHAPTER;
 

S  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.

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