NY Educ L § 3604 (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 1 - General Provisions 3604 - Conditions Under Which Districts Are Entitled to Apportionment.

§   3604.   Conditions   under   which   districts   are  entitled  to   apportionment.  Apportionment of state funds shall be  made  subject  to   the following conditions:4.  The  apportionments provided for in section thirty-six hundred two   of this chapter are for the purpose of aiding school districts in paying   the salaries of teachers and the cost of  school  maintenance,  and  the   sums  so  apportioned to such school districts shall be applied for such   purposes and such sums shall not in any  case  be  placed  in  the  city   treasury  of any city to the credit of the general fund of such city for   the reduction of taxation therein, notwithstanding any provision to  the   contrary contained in the charter of such city or in any act relating to   such city or in any general, special or local law.5.   a.  State  aid  adjustments.  All  errors  or  omissions  in  the   apportionment shall be corrected by the commissioner. Whenever a  school   district  has  been  apportioned  less  money  than  that to which it is   entitled, the commissioner may allot to such  district  the  balance  to   which  it  is  entitled. Whenever a school district has been apportioned   more money than that to which it is entitled, the commissioner  may,  by   an order, direct such moneys to be paid back to the state to be credited   to  the  general  fund  local  assistance  account  for state aid to the   schools, or may deduct such amount from the  next  apportionment  to  be   made  to  said  district,  provided, however, that, upon notification of   excess payments of aid for which a recovery must be made  by  the  state   through  deduction of future aid payments, a school district may request   that such excess payments be recovered by deducting such excess payments   from the payments due to such school district and payable in  the  month   of  June  in (i) the school year in which such notification was received   and (ii) the two succeeding school years, provided  further  that  there   shall be no interest penalty assessed against such district or collected   by  the  state.  Such  request shall be made to the commissioner in such   form as  the  commissioner  shall  prescribe,  and  shall  be  based  on   documentation  that the total amount to be recovered is in excess of one   percent of the  district's  total  general  fund  expenditures  for  the   preceding school year. The amount to be deducted in the first year shall   be the greater of (i) the sum of the amount of such excess payments that   is  recognized  as  a liability due to other governments by the district   for the  preceding  school  year  and  the  positive  remainder  of  the   district's  unreserved fund balance at the close of the preceding school   year less the product of the district's total general fund  expenditures   for  the  preceding  school  year  multiplied  by  five percent, or (ii)   one-third of such excess payments. The amount to  be  recovered  in  the   second  year  shall  equal  the  lesser  of the remaining amount of such   excess payments to be recovered or one-third of  such  excess  payments,   and  the  remaining amount of such excess payments shall be recovered in   the  third  year.  Provided  further  that,  notwithstanding  any  other   provisions  of  this  subdivision,  any pending payment of moneys due to   such district as a prior year adjustment payable pursuant to paragraph c   of this subdivision for aid claims that  had  been  previously  paid  as   current  year aid payments in excess of the amount to which the district   is entitled and for which recovery of excess  payments  is  to  be  made   pursuant  to  this  paragraph,  shall  be  reduced at the time of actual   payment by any remaining unrecovered balance of  such  excess  payments,   and  the remaining scheduled deductions of such excess payments pursuant   to this paragraph shall be reduced by the commissioner  to  reflect  the   amount  so  recovered.  The  commissioner  shall certify no payment to a   school district based on a claim submitted later than three years  after   the close of the school year in which such payment was first to be made.   For claims for which payment is first to be made in the nineteen hundred    ninety-six--ninety-seven  school year, the commissioner shall certify no   payment to a school district based on a claim submitted later  than  two   years  after the close of such school year. For claims for which payment   is  first  to be made in the nineteen hundred ninety-seven--ninety-eight   school year and thereafter, the commissioner shall certify no payment to   a school district based on a claim submitted later than one  year  after   the  close  of such school year. Provided, however, no payments shall be   barred or reduced where such payment is required as a result of a  final   audit  of  the state. It is further provided that, until June thirtieth,   nineteen hundred ninety-six, the commissioner may grant  a  waiver  from   the  provisions  of this section for any school district if it is in the   best educational  interests  of  the  district  pursuant  to  guidelines   developed  by  the  commissioner  and  approved  by  the director of the   budget.b. Claims resulting from court orders or judgments. Any payment  which   would  be  due  as  the result of a court order or judgment shall not be   barred,  provided  that,  commencing  January  first,  nineteen  hundred   ninety-six,  such  court  order  or judgment and any other data required   shall be filed with the comptroller within one year from the date of the   court order or judgment, and  provided  further  that  the  commissioner   shall certify no payment to a school district for a specific school year   that is based on a claim that results from a court order or judgement so   filed  with  the  comptroller  unless  the total value of such claim, as   determined by the commissioner, is  greater  than  one  percent  of  the   school  district's  total  revenues  from  state  sources  as previously   recorded in the general fund and reported  to  the  comptroller  in  the   annual financial report of the school district for such school year.c.  Payment  of moneys due for prior years. State aid payments due for   prior years in accordance with the provisions of this subdivision  shall   be  paid  within  the  limit  of  the  appropriation designated therefor   provided, however, that each eligible claim  shall  be  payable  in  the   order  that it has been approved for payment by the commissioner, but in   no case shall a single claim draw down more than forty  percent  of  the   appropriation so designated for a single year, and provided further that   no  claim  shall  be  set  aside  for  insufficiency  of funds to make a   complete payment, but shall be eligible for a  partial  payment  in  one   year  and  shall  retain  its  priority  date  status for appropriations   designated for such purposes in future years.6. The commissioner of education may also in his discretion excuse the   default of a trustee or a board of education in employing a teacher  not   legally qualified, legalize the time so taught and authorize the payment   of the salary of such teacher.7.  No district shall be entitled to any portion of such school moneys   on such apportionment unless the report of  the  trustees  or  board  of   education  for  the  preceding  school  year  shall show that the public   schools were actually in  session  in  the  district  and  taught  by  a   qualified  teacher  or  by successive qualified teachers or by qualified   teachers for not less than one hundred eighty days. The  moneys  payable   to  a  school  district pursuant to section thirty-six hundred nine-a of   this part in the current  year  shall  be  reduced  by  one  one-hundred   eightieth  of  the district's total foundation aid for the base year for   each day less than one hundred eighty  days  that  the  schools  of  the   district  were  actually  in  session,  except that the commissioner may   disregard such reduction in the apportionment of public money:  (i)  for   any  day  or days on which session had been previously scheduled but the   superintendent was required to close the school  or  schools  due  to  a   properly  executed  declaration  of  a state or local state of emergency   pursuant to article two-B of the executive law; or (ii) for up  to  five    days  if  he  or  she finds that the schools of the district were not in   session for one hundred eighty days because of  extraordinarily  adverse   weather  conditions,  impairment of heating facilities, insufficiency of   water  supply,  shortage  of  fuel,  lack  of  electricity,  natural gas   leakage, unacceptable levels of chemical substances, a  credible  threat   to  student safety as reasonably determined by a lead school official or   the destruction of a school building either in whole or in part, and if,   further, the commissioner finds that such district cannot make  up  such   days  of  instruction  by  using  for the secondary grades all scheduled   vacation  days  which  occur  prior  to  the  first  scheduled   regents   examination  day  in  June,  and for the elementary grades all scheduled   vacation  days  which  occur  prior  to  the  last   scheduled   regents   examination  day  in  June;  or  (iii)  for  any  day or days in the two   thousand nineteen -- two thousand twenty school year  on  which  session   had  been  previously  scheduled  but  the chancellor of the city school   district of the city of New York or the  superintendent  of  a  district   closed the school or schools due to a determination by the chancellor or   superintendent  that  it  was  in  the best interest of public health or   safety of the school district to close the school or schools in response   to  the  novel  coronavirus,  COVID-19.  For  the   purposes   of   this   subdivision,  "scheduled  vacation  days"  shall  mean days on which the   schools of the district are not in session and for which no  prohibition   exists in subdivision eight of this section for them to be in session.8.  No  school  shall  be in session on a Saturday or a legal holiday,   except  general  election  day,  Washington's  birthday  and   Lincoln's   birthday, and except that driver education classes may be conducted on a   Saturday.  A  deficiency  not exceeding four days during any school year   caused by teachers' attendance upon conferences held by  superintendents   of  schools of city school districts or other school districts employing   superintendents  of  schools  shall  be  excused  by  the  commissioner,   notwithstanding  any  provision  of  law,  rule  or  regulation  to  the   contrary, a school district may elect to schedule such  conference  days   in  the  last  two  weeks  of  August,  subject to collective bargaining   requirements pursuant to article fourteen of the civil service law,  and   such  days shall be counted towards the required one hundred eighty days   of session, provided however, that such scheduling shall not  alter  the   obligation  of the school district to provide transportation to students   in non-public elementary and secondary schools or  charter  schools.  At   least  two  such  conference  days  during  such  school  year  shall be   dedicated  to  staff  attendance  upon   conferences   providing   staff   development   relating  to  implementation  of  the  new  high  learning   standards  and  assessments,  as  adopted  by  the  board  of   regents.   Notwithstanding  any  other  provision of law, rule or regulation to the   contrary, school districts  may  elect  to  use  one  or  more  of  such   allowable  conference  days  in  units of not less than one hour each to   provide staff development activities relating to implementation  of  the   new  high  learning  standards  and  assessments. A district making such   election may provide such staff development  on  any  day  during  which   sessions are allowed and apply such units to satisfy a deficiency in the   length  of  one  or  more  daily  sessions  of instruction for pupils as   specified in regulations of the  commissioner.  The  commissioner  shall   assure  that  such  conference  days include appropriate school violence   prevention and intervention training, and may require  that  up  to  one   such conference day be dedicated for such purpose.8-b.  Notwithstanding  the  provisions  of  subdivision  eight of this   section, a trustee or board of trustees or a board  of  education  of  a   school   district  having  fewer  than  six  hundred  pupils  in  grades   kindergarten through twelve may provide for classes to be  held  on  any    day  of  the  week  in  connection  with  educational  programs  for the   disadvantaged operated under the elementary and secondary education act;   provided, however, no pupils or teachers shall  be  required  to  attend   such  classes if they observe any such day as a Sabbath or a holy day in   accordance with the requirements of their religion.9. Whenever it shall appear  that  any  school  district  has  had  an   average  daily  attendance  of  five  or  less  during  the  three years   immediately preceding the first of July, if such district  continues  to   maintain  a  school the succeeding year, it shall be entitled to receive   for such year an amount equivalent to the average  daily  attendance  of   pupils  in such district divided by fifteen and multiplied by the amount   it would be entitled to receive under the provisions  of  this  chapter.   Provided,  however,  whenever the commissioner of education is satisfied   that the closing of the school in any district is impracticable or  that   the cost to such district of contracting for the education of its pupils   would  exceed  the cost involved in maintaining a school in the district   and such district maintains a school, he may apportion to such  district   the total amount of state aid to which it is entitled.10.  No  school  district  shall  be  eligible  to  receive  the  full   apportionment  of  state  aid  to  which  it  is  entitled  under  other   provisions  of  this  chapter  unless the trustees or board of education   comply with the requirements of article eighty-nine of this chapter.  If   the  trustees  or board of education of a school district fail to comply   with such requirements or reduce the programs provided thereunder  below   the  corresponding  programs  provided during the school year commencing   July first,  nineteen  hundred  sixty-one,  except  as  a  result  of  a   reduction  in  the  number  of  pupils  affected,  the  commissioner  of   education shall withhold from the full apportionment of such  state  aid   an  amount equal to the difference between (i) the expenditures which he   estimates the district would have had to make or incur during the school   year upon which such apportionments are based if the district had  fully   complied  with  such requirements or if the district had maintained such   programs, and (ii) the expenditures actually made  or  incurred  by  the   district for such programs during the same school year.11. Notwithstanding any other provision of law, the commissioner shall   withhold  the general fund apportionment due to any school district when   such school district fails to submit by the date  specified  in  section   thirty-six  hundred  one  of  this  part  the  reports  required  by the   commissioner to calculate  such  apportionments,  until  the  time  such   reports have been submitted in proper fashion.12.  All  the  acts  done  and proceedings heretofore had and taken or   caused to be had and taken by the  Center  Moriches  Union  Free  School   district  and by all its officers or agents relating to or in connection   with certain transportation contractual obligations for regular  student   transportation  of the nineteen hundred ninety-nine--two thousand school   year, which was part of the two thousand--two  thousand  one  state  aid   claim  submitted  to  the department by such school district, are hereby   legalized,  validated,  ratified  and  confirmed,  notwithstanding   any   failure  to  comply  with  the  approval  and  filing provisions of this   chapter or any other law or  any  other  statutory  authority,  rule  or   regulation, other than those filing provisions defined in paragraph a of   subdivision  five  of  this section, in relation to any omission, error,   defect, irregularity or illegality in such proceeding had and taken. For   the purpose of those filing provisions defined in such  paragraph  a  of   subdivision  five  of this section, the district shall be deemed to have   filed such  contract  within  one  year  after  the  close  of  the  two   thousand--two thousand one school year, and aid due and payable for such   filing  shall be deemed to be state aid payments due for prior years and    shall be paid pursuant to  paragraph  c  of  subdivision  five  of  this   section.13.  For  purposes  of  this chapter, "limited English proficient" and   "limited English proficiency" shall mean "English language learner".