New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 175 - State Aid › 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

Current through Register Vol. 46, No. 28, July 10, 2024
(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.