§ 3609-A — Moneys apportioned, when and how payable commencing July first, two thousand seven

New York § 3609-A

• Jurisdiction: New York
• Law EDN: Education
• Title 5: Taxation and Financial Administration
• Part 1: General Provisions
• Art. 73: Apportionment of Public Moneys

Text

§ 3609-a. Moneys apportioned, when and how payable commencing July\nfirst, two thousand seven.\n For aid payable in the two thousand seven--two thousand eight school\nyear through the two thousand twenty-five--two thousand twenty-six\nschool year, "moneys apportioned" shall mean the lesser of (i) the sum\nof one hundred percent of the respective amount set forth for each\nschool district as payable pursuant to this section in the school aid\ncomputer listing for the current year produced by the commissioner in\nsupport of the budget which includes the appropriation for the general\nsupport for public schools for the prescribed payments and\nindividualized payments due prior to April first for the current year\nplus the apportionment payable during the current school year pursuant\nto subdivision six-a and subdivision fifteen of section thirty-six\nhundred two of this part minus any reductions to current year aids\npursuant to subdivision seven of section thirty-six hundred four of this\npart or any deduction from apportionment payable pursuant to this\nchapter for collection of a school district basic contribution as\ndefined in subdivision eight of section forty-four hundred one of this\nchapter, less any grants provided pursuant to subparagraph two-a of\nparagraph b of subdivision four of section ninety-two-c of the state\nfinance law, less any grants provided pursuant to subdivision five of\nsection ninety-seven-nnnn of the state finance law, less any grants\nprovided pursuant to subdivision twelve of section thirty-six hundred\nforty-one of this article, or (ii) the apportionment calculated by the\ncommissioner based on data on file at the time the payment is processed;\nprovided however, that for the purposes of any payments made pursuant to\nthis section prior to the first business day of June of the current\nyear, moneys apportioned shall not include any aids payable pursuant to\nsubdivisions six and fourteen, if applicable, of section thirty-six\nhundred two of this part as current year aid for debt service on bond\nanticipation notes and/or bonds first issued in the current year or any\naids payable for full-day kindergarten for the current year pursuant to\nsubdivision nine of section thirty-six hundred two of this part. The\ndefinitions of "base year" and "current year" as set forth in\nsubdivision one of section thirty-six hundred two of this part shall\napply to this section. For aid payable in the two thousand\ntwenty-five--two thousand twenty-six school year, reference to such\n"school aid computer listing for the current year" shall mean the\nprintouts entitled "SA252-6".\n 1. General support for public schools (GSPS) appropriation. The GSPS\nappropriation shall be used to support payments made pursuant to this\nsection, plus apportionments made pursuant to section seven hundred one,\nseven hundred eleven, seven hundred fifty-one, seven hundred\nfifty-three, thirty-two hundred two, thirty-six hundred nine-b,\nthirty-six hundred forty-one and forty-four hundred five of this\nchapter, any other applicable allocations made pursuant to this chapter,\nbut not paid pursuant to the schedule prescribed by this section or\nsections thirty-six hundred nine-b, thirty-six hundred nine-d or\nthirty-six hundred nine-f of this article; plus any unconsolidated law\nprovisions which apply to programs funded from such appropriation; plus\nany sums paid out upon audit of the state comptroller as final\nadjustments of apportionments originally claimed and payable pursuant to\nthis subdivision in prior school years; plus sums paid out as prior year\nadjustments, to the extent an allowance was included in such\nappropriation for such purpose. Any apportionments provided by this\nchapter shall be paid in accordance with this section unless\nspecifically exempted.\n a. Prescribed payments. (1) District payments to the teachers'\nretirement system. Of the moneys apportioned by the commissioner to\nschool districts for the current year, after the payment of lottery aid\nin accordance with subparagraph two of this paragraph, an amount not to\nexceed one-third of the amount owed by such school district to the New\nYork state teachers' retirement system for salaries paid in the base\nyear or for other obligations pursuant to section five hundred\ntwenty-one of this chapter shall be payable to such teachers' retirement\nsystem on behalf of the school district on or before the fifteenth day\nof each of the months of September, October and November, except that\nspecial payments due such teachers' retirement system shall be payable\non or before the fifteenth day of October. Any underpayment resulting\nfrom data changes shall be payable from spring payments. Any portion of\nthe payments due such teachers' retirement system that exceed the\nremainder of the moneys to be apportioned to the school district shall\nbe made directly by the school district to the system.\n (2) Lottery apportionment. Of the estimated moneys to be apportioned\nby the commissioner to school districts for the current year, that\nportion payable pursuant to section ninety-two-c of the state finance\nlaw, exclusive of the minimum lottery grant provided for the purchase of\ntextbooks pursuant to subparagraph one of paragraph b of subdivision\nfour of section ninety-two-c of such law and the lottery grant provided\npursuant to subparagraph two-a of paragraph b of subdivision four of\nsection ninety-two-c of the state finance law, shall be payable on or\nbefore the last state business day of September.\n (3) Lottery textbook apportionment. The minimum lottery grant provided\nfor the purchase of textbooks pursuant to subparagraph one of paragraph\nb of subdivision four of section ninety-two-c of the state finance law,\nshall be payable on or before the last state business day of September.\n (4) Fixed fall payments. Of the moneys apportioned remaining to be\npaid to school districts for the current year after deductions are made\nfor the purpose of subparagraph one of this paragraph, districts shall\nbe eligible to receive payments determined as follows: (i) on or before\nOctober fifteenth, an estimated twelve and one-half percent of such\nremaining amount minus the amount paid pursuant to subparagraph two of\nthis paragraph; (ii) on or before November fifteenth, an estimated\neighteen and seventy-five one hundredths percent of such remaining\namount minus the sum of the amounts paid pursuant to clause (i) of this\nsubparagraph and subparagraph two of this paragraph; and (iii) on or\nbefore December fifteenth, an estimated twenty-five percent of such\nremaining amount minus the sum of the amounts paid pursuant to clauses\n(i) and (ii) of this subparagraph and subparagraph two of this\nparagraph. Such amounts shall be payable only to the extent that reports\ndue the commissioner have been filed.\n (5) Remaining apportionment. The remaining moneys apportioned for the\ncurrent year after deductions are made for the purposes of subparagraphs\none, two and four of this paragraph, shall be payable pursuant to\nparagraph b of this subdivision to the extent that reports due the\ncommissioner have been filed.\n b. Individualized payments. (1) District expenditure need. To\ndetermine the payments a district shall be eligible to receive under\nthis paragraph, a district expenditure need shall be computed, based on\nestimated data on file with the commissioner as of December first, which\nshall equal the general fund expenditures for the base year (i) minus\nthe sum of base year aids and grants recorded as revenue to such general\nfund but not payable pursuant to this section; (ii) minus the district's\nbase year general fund expenditures to the New York state teachers'\nretirement system; (iii) minus that portion of the district's base year\ngeneral fund expenditures for debt service eligible for an apportionment\npursuant to subdivision six of section thirty-six hundred two of this\nchapter plus such general fund expenditures for debt service for the\ncurrent year; and (iv) minus current year aid pursuant to subparagraphs\ntwo and four of paragraph a of this subdivision.\n (2) Payment amounts. For remaining aid payments due prior to July,\nmoneys apportioned shall be determined based on preliminary aid data on\nfile with the commissioner on December first, provided that such\ncommissioner shall recompute such amounts designated for the month of\nJune based on aid data on file with the commissioner as of May first.\n(i) January amount. If the aid payable under this paragraph exceeds\nfifty percent of the expenditure need of the district, then such excess\namount shall be designated for the month of January. (ii) February\namount. If such aid, minus any aid payable pursuant to clause (i) of\nthis subparagraph, exceeds forty percent of such expenditure need, then\nsuch excess amount shall be designated for the month of February. (iii)\nMarch amount. If such aid, minus any aid payable pursuant to clauses (i)\nand (ii) of this subparagraph, exceeds thirty percent of such\nexpenditure need, then such excess amount shall be designated for the\nmonth of March. (iv) April amount. If such aid, minus any aid payable\npursuant to clauses (i), (ii) and (iii) of this subparagraph, exceeds\ntwenty percent of the expenditure need of the district, then such excess\namount shall be designated for the month of April. (v) May amount. If\nsuch aid, minus any aid payable pursuant to clauses (i), (ii), (iii) and\n(iv) of this subparagraph, exceeds ten percent of such expenditure need,\nthen such excess amount shall be designated for the month of May. (vi)\nJune amount. Any moneys apportioned not designated pursuant to clauses\n(i), (ii), (iii), (iv) and (v) of this subparagraph shall be designated\nfor the month of June.\n (3) Payments. (i) Winter payments. The amounts designated for January,\nFebruary and March pursuant to clauses (i), (ii) and (iii) of\nsubparagraph two of this paragraph shall be paid on or before the last\nstate business day of such months.\n (ii) Sustaining advance payments. In order to sustain all advance\npayments made in previous school years pursuant to subparagraph five of\nthis paragraph or the comparable provisions of section thirty-six\nhundred nine of this article, the commissioner shall establish a\nschedule to distribute the sustaining advance payment amount among\nschool districts. Such sustaining advance payments due to school\ndistricts shall be, first, in the same proportion as such school\ndistrict's share bears to the total moneys designated for payment in the\nmonth of April, second, as a share of the total moneys designated for\nMay and last, if applicable, as a share of the total moneys designated\nfor June to all such school districts pursuant to clauses (iv), (v), and\n(vi) of subparagraph two of this paragraph. The sustaining advance\npayment due shall be deducted first from a school district's designated\namount for April, then from a school district's designated amount for\nMay and finally from any moneys due in June. The commissioner shall\ntransmit a schedule to the comptroller, the director of the budget and\nthe chairs of the legislative fiscal committees displaying for each\ndistrict, the sustaining advance payment due, the portion of such amount\nto be withheld pursuant to subparagraph four of this paragraph and the\nremainder, if any, to be paid to the school district on or before March\nthirty-first.\n (iii) Determining final payment for the state fiscal year. Prior to\ntransmitting the March payment to the state comptroller, based on\ncurrent year, base year and prior school year state aid payments made or\nscheduled to be made from the general support for public schools\nappropriations for the state fiscal year ending March thirty-first, the\ncommissioner shall determine the extent to which the amount designated\nfor June pursuant to clause (vi) of subparagraph two of this paragraph,\nas adjusted in accordance with clause (ii) of this subparagraph, net of\nany disallowances, would need to be advanced and paid on or before March\nthirty-first in order to use the remainder of such appropriations,\nexcluding amounts assigned to the department of health pursuant to\nsubdivision one of section thirty-six hundred nine-b of this article, on\nor before March thirty-first, or to the extent to which the amount\ndesignated for March would need to be proportionally reduced so as not\nto exceed such state fiscal year appropriations. The commissioner shall\nreport the amount of money required to be advanced or deferred and the\npercent it represents of the June or March amounts, as the case may be,\nto the director of the budget, the chairperson of the senate finance\ncommittee and the chairperson of the assembly ways and means committee.\nTo the extent that moneys are advanced or deferred pursuant to this\nparagraph, they shall be in the same proportion as each school\ndistrict's share bears to the total of such June or March amount. Upon\napproval of the director of the budget, the commissioner shall transmit\nthe schedule of any such partial June prepayments or such reduced March\npayments to the state comptroller. Any portion of the March payment\ndeferred shall be added to the June payment; any portion of the June\npayment advanced shall be paid on or before March thirty-first.\n (iv) April and May payments. Any amount designated for and remaining\nto be paid in April or May pursuant to clauses (iv) and (v) of\nsubparagraph two of this paragraph minus any portion of such amounts\nadvanced pursuant to clause (ii) of this subparagraph shall be paid on\nor before the last state business day of such months.\n (v) June payment. The moneys apportioned to school districts and\ndesignated for June pursuant to clause (vi) of subparagraph two of this\nparagraph shall be paid on or before the last state business day of such\nmonth, to the extent that moneys are owed to school districts pursuant\nto this section for the current year, including claims for current year\naid for debt service on bond anticipation notes aidable in June and/or\nnew bonds and capital notes aidable in June pursuant to subdivisions six\nand fourteen, if applicable, of section thirty-six hundred two of this\npart and claims for current year aid for conversion to full day\nkindergarten, after taking into account any adjustments made in\naccordance with clauses (ii) and (iii) of this subparagraph, net of any\ndisallowances.\n (vi) Deferred July payment of certain claims for debt service on bond\nanticipation notes and on bonds or capital notes first issued in the\ncurrent year. The moneys apportioned to school districts for claims for\ncurrent year aid for debt service on bond anticipation notes aidable in\nJuly following the current year and/or new bonds and capital notes\naidable in July following the current year pursuant to subdivisions six\nand fourteen, if applicable, of section thirty-six hundred two of this\npart shall be paid on or before the last state business day of July\nimmediately following the current school year, to the extent that moneys\nare owed to school districts pursuant to this section for the current\nyear, net of any disallowances.\n (vii) Deferred September payments. Any amounts payable to a school\ndistrict pursuant to this section which exceeded one hundred percent of\nthe respective amount set forth for such district as payable pursuant to\nthis section in the school aid computer listing for the current school\nyear shall be designated for payment for the month of September next\nfollowing the close of the current school year. Such payments shall be\nmade on or before the last state business day of the month of September,\nbased on data on file as of August first.\n (4) State share of medicaid reimbursements. For the purposes of this\nsubparagraph, for aid payable in the two thousand ten--two thousand\neleven school year, the first reporting period shall run from May first\nof the base year through January thirty-first of the current year, and\nthe second reporting period shall run from February first of the current\nyear through March thirty-first of the current year. For aid payable in\nthe two thousand eleven--two thousand twelve school year and thereafter,\nthe first reporting period shall run from April first of the base year\nthrough December thirty-first of the current year, and the second\nreporting period shall run from January first of the current year\nthrough March thirty-first of the current year. Notwithstanding any\ninconsistent provisions of law to the contrary, the sustaining advance\npayment due any school district pursuant to clause (ii) of subparagraph\nthree of this paragraph in March shall be reduced by fifty percent of\nany federal participation during the first reporting period pursuant to\ntitle XIX of the social security act, in special education programs\nprovided pursuant to article eighty-nine of this chapter for services\nprovided on or before June thirtieth, two thousand nine; the June\npayment due any school district pursuant to clause (v) of subparagraph\nthree of this paragraph shall be reduced by fifty percent of any federal\nparticipation during the second reporting period for services provided\non or before June thirtieth, two thousand nine. Not later than ten days\nafter the end of the first reporting period ending on January\nthirty-first, two thousand eleven, not later than forty-one days after\neach first reporting period thereafter and not later than forty days\nafter the end of each second reporting period, the commissioner of\nhealth, as the authorized fiscal agent of the state education\ndepartment, shall certify to the commissioner and the director of the\nbudget the total amount of such federal moneys paid to a school district\nfor such services during such reporting period. Following each cycle\npayment, the commissioner of health shall report to the commissioner the\naggregate amount of such federal medicaid payments to each school\ndistrict. The commissioner shall recoup such amounts first, to the\nextent possible, from the specified payment, then by withholding any\nother moneys due the school district and finally by direct billing to\nany school district still owing moneys to the state. All moneys withheld\nor paid to the state on account of this paragraph shall be credited by\nthe comptroller to the local assistance account for general support for\npublic schools.\n (5) Advance payments. To the extent that any moneys payable pursuant\nto clauses (iv) and (v) of subparagraph two of this paragraph, are paid\nin advance of April first, such moneys shall be paid in accordance with\nchapter two hundred twenty of the laws of nineteen hundred ninety, as\namended, and in the same proportion as such school district's share\nbears to the total moneys, payable to all such school districts pursuant\nto such clauses (iv) and (v) provided however, that any moneys so\nadvanced shall be deducted first from a school district's payment due in\nApril, then from any moneys due in May and finally from any remaining\nmoneys due in June.\n (6) Apportionments to the city school district of the city of New York\nunder the provisions of this paragraph shall be computed and paid on a\ncity-wide basis.\n c. Deficit reduction assessment for two thousand nine--two thousand\nten. Notwithstanding any other provision of law, the commissioner shall\nreduce payments due to each district pursuant to this section by an\namount equal to the amounts set forth for each school district as\n"DEFICIT REDUCTION ASSESSMENT" in the school aid computer listing\nproduced by the commissioner in support of the executive budget request\nfor the two thousand nine--two thousand ten school year and entitled\n"BT112-1", and such amount shall be deducted from moneys apportioned for\nthe purposes of payments made pursuant to section thirty-six hundred\nnine-a of the education law and provided further that the amount of such\nreduction shall be deemed to have been paid to the district pursuant to\nthis section for the school year in which such deduction is made. The\ncommissioner shall provide a schedule of such reductions in payments to\nthe state comptroller, the director of the budget, the chair of the\nsenate finance committee and the chair of the assembly ways and means\ncommittee.\n d. Supplemental deficit reduction assessment for the two thousand\nnine--two thousand ten school year. (1) Notwithstanding any other\nprovision of law to the contrary, the commissioner shall reduce payments\ndue to each district for the two thousand nine--two thousand ten school\nyear pursuant to this section by an amount equal to the supplemental\ndeficit reduction assessment computed for such district, and such amount\nshall be deducted from moneys apportioned for the purposes of payments\nmade pursuant to this section and if the reduction is greater than the\nsum of the amounts available for such deductions, the remainder of the\nreduction shall be withheld from payments scheduled to be made to the\ndistrict pursuant to this section for the two thousand ten--two thousand\neleven school year, and provided further that an amount equal to the\namount of such deduction shall be deemed to have been paid to the\ndistrict pursuant to this section for the school year in which such\ndeduction is made. The commissioner shall compute such supplemental\ndeficit reduction assessment and shall provide a schedule of such\nreduction in payments to the state comptroller, the director of the\nbudget, the chair of the senate finance committee and the chair of the\nassembly ways and means committee.\n (2) The supplemental deficit reduction assessment shall be computed as\nthe product of thirty-five and sixty-two one-hundredths of a percent\n(0.3562) multiplied by the absolute value of the deficit reduction\nassessment established pursuant to paragraph c of this subdivision.\n 2. a. Such moneys shall be payable to the treasurer of each city\nschool district, and the treasurer of each union free school district\nand of each central school district and of each other school district,\nif there be a treasurer, otherwise to the collector or other disbursing\nofficer of such district, who shall apply for and receive the same as\nsoon as payable.\n b. In the case of city school districts of cities with one hundred\ntwenty-five thousand inhabitants or more, any payment which pursuant to\nthis section is required to be made to the treasurer of the city school\ndistrict, shall be made to the city treasurer or chamberlain.\n 3. Except as otherwise provided by law, payment to a school district\npursuant to this section shall be general receipts of the district and\nmay be used for any lawful purpose of the district provided, however\nthat any payments for debt service for school building purposes on debt\nwhich has been excluded in ascertaining the power of the school district\nto contract indebtedness shall be used solely for the purpose of payment\nof the interest on and amortization of or payment of such indebtedness.\n