New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 156 - Transportation › Section 156.7 - Calculation of nonallowable pupil deduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In those instances in which a school
				  district provides transportation services, by district-owned, leased, or
				  contracted school buses, a nonallowable pupil deduction shall be calculated for
				  purposes of determining aid pursuant to section 3602  of the Education Law, for
				  transportation expenses incurred in the 1990-91 school year and each school
				  year thereafter, pursuant to this paragraph.
(1) The calculation of the nonallowable pupil
				  deduction for each school district shall be as follows: the dollar amount of
				  the district's nonallowable pupil deduction for expenses for transportation
				  services, by district-owned, leased, or contracted school buses, incurred in
				  each of the school years 1987- 88, 1988-89, and 1989-90, as audited and
				  confirmed by the Education Department, shall be summed, with such sum divided
				  by the sum of the district's net transportation expenses related to mileage
				  travelled by district-owned, leased, or contracted school buses for the three
				  years, with the result expressed as a decimal to four places without rounding.
				  This nonallowable pupil decimal shall be calculated by the Education Department
				  for each district, and shall be reported to each district by July 1, 1991. Net
				  transportation expense for purposes of this paragraph shall be the total
				  expense attributable to transportation service to and from school and BOCES
				  programs, for which an apportionment is provided pursuant to article 65, 73 or
				  89 of the Education Law, excluding the expenses attributable to other purpose
				  transportation.
(2) In calculating
				  aid to be paid in each school year commencing in school year 1991-92, the
				  nonallowable pupil decimal calculated in paragraph (1) of this subdivision
				  shall be multiplied by net transportation expense of the base year to determine
				  nonallowable expense. Such nonallowable expense shall be deducted from net
				  transportation expense to determine the allowable transportation expense for
				  transportation aid.
(3)
(i) A school district shall provide
				  documentation to the commissioner for the calculation of a new nonallowable
				  pupil decimal at least once every three years, on a schedule prescribed by the
				  commissioner, using the nonallowable pupil decimal worksheet prescribed by the
				  commissioner; and in addition, a school district shall provide such
				  documentation during any school year in which the district experiences an
				  increase or decrease from the nonallowable pupil decimal previously calculated
				  pursuant to this section, when any one or more of the following conditions
				  apply:
(a) change in school district
				  transportation eligibility policy;
(b) school district reorganization with one
				  or more other districts;
(c)
				  opening of a school building or closing of a building currently used as a
				  school building;
(d) an error made
				  by either the school district or the Education Department in the calculation of
				  a nonallowable pupil decimal for a prior year; or
(e) a change in school district
				  transportation policy to provide transportation of eligible children to or from
				  a universal prekindergarten program pursuant to section 3602-3 of the Education
				  Law.
(ii) Upon receipt
				  of such documentation, the commissioner shall calculate a new nonallowable
				  pupil decimal by dividing the total number of pupil miles of transportation
				  services provided to nonallowable pupils on all district-owned, leased, or
				  contracted school buses during the school year reported by the total number of
				  pupil miles of transportation services provided to all pupils on all
				  district-owned, leased, or contracted school buses during such school year,
				  with the result expressed as decimal to four places without rounding. The
				  number of pupil miles of transportation services provided to pupils attending
				  an approved prekindergarten program pursuant to section 3602-e  of the Education Law shall be
				  excluded for the purposes of such calculation, provided that the transportation
				  services furnished to such prekindergarten pupils are provided on a
				  space-available basis and do not require, or result in:
(a) any expansion of approved bus routes or
				  additional trips; or
(b) any
				  increase in contracted expenditures for transportation expenses; or
(c) any purchase or lease of additional
				  vehicles.
(iii) The new
				  nonallowable pupil decimal shall be used in calculating transportation aid in
				  each school year after the school year in which such documentation is provided,
				  in lieu of the decimal previously calculated pursuant to this
				  section.