N.Y. Education Law Section 3602-B
Apportionment of moneys to school districts employing fewer than eight teachers


1.

Notwithstanding any other provision of law, each school district of the state employing fewer than eight teachers shall receive its apportionment of public money payable during the school year commencing July first, nineteen hundred sixty-three and during subsequent school years pursuant to the provisions of this section. Such apportionment shall be computed by applying the state sharing ratio of the district computed in the same manner as provided in § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this article to the approved operating expense of the school district for operating purposes and for transportation.

a.

Approved operating expense shall be for the year prior to the base year as defined in § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this article and shall be determined in the same manner provided in such section, provided, however, that the amount so approved shall not exceed the sum of (1) four thousand five hundred dollars multiplied by the lesser of the number of full-time teachers employed during such year prior to the base year or seven and (2) weighted average daily attendance as defined in § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this article for the base year multiplied by the sum of sixty dollars plus an amount computed by multiplying ninety cents by such weighted average daily attendance. Any such district employing three or more teachers shall be permitted to use the weighted average daily attendance averaged over the three year period immediately preceding the current year as defined in § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this article.

b.

Approved transportation expense shall be for the base year and shall be determined in the same manner as provided in subdivision seven of § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this chapter.

2.

If the local revenue provided by any such school district in the current year, as defined in § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this article, inclusive of its local nonproperty tax receipts, is less than the amount which could be raised by a tax at the rate specified in this section on its actual valuation as defined in such section, the apportionment for such current year shall be reduced by the amount which such local revenue is less than the amount which could be raised at such rate. The rate for the school year two thousand seven--two thousand eight and thereafter shall be the local tax factor established pursuant to subdivision four of § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this article. * 3.

a.

In addition to apportionments calculated pursuant to subdivisions one and two of this section, each school district employing fewer than eight teachers defined as eligible pursuant to paragraph one of subdivision four-a of § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this part shall receive an additional apportionment of public money in the current year if the commissioner, in consultation with the director of the budget, determines the district would otherwise receive a reduction in state funding, as defined in subparagraph d of paragraph one of subdivision four-a of § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)section thirty-six hundred two of this part, on a per pupil basis inconsistent with the federal state level maintenance of equity requirement.

b.

The maintenance of equity aid shall be equal to the amount necessary to ensure compliance with the federal state level maintenance of equity requirement in the American Rescue Plan Act of 2021, Section 2004, Part 1, Subtitle A, Title II, (Public Law 117-2) for the current year. * NB Repealed September 30, 2024

Source: Section 3602-B — Apportionment of moneys to school districts employing fewer than eight teachers, https://www.­nysenate.­gov/legislation/laws/EDN/3602-B (updated Apr. 15, 2022; accessed May 4, 2024).

3601
When apportioned and how applied
3602
Apportionment of public moneys to school districts employing eight or more teachers
3602‑B
Apportionment of moneys to school districts employing fewer than eight teachers
3602‑C
Apportionment of moneys to school districts for the provision of services to pupils attending nonpublic schools
3602‑D
Work-prep education program
3602‑E
Universal prekindergarten program
3602‑EE
Statewide universal full-day pre-kindergarten program
3602‑F
Apportionment of moneys to school districts that result from the partitioning of territory and formation of new school districts by distr...
3604
Conditions under which districts are entitled to apportionment
3606
Nonresident academic attendance
3607
Manner of payment of moneys apportioned
3608
Certificate of apportionment by commissioner of education
3609‑A
Moneys apportioned, when and how payable commencing July first, two thousand seven
3609‑B
Moneys apportioned for students with disabilities, when and how payable
3609‑D
Moneys apportioned for board of cooperative educational services aidable expenditures when and how payable commencing July first, two tho...
3609‑E
School tax relief aid, when and how payable commencing July first, nineteen hundred ninety-eight
3609‑F
Moneys apportioned to school districts for lottery grants pursuant to subparagraph two-a of paragraph b of subdivision four of section ni...
3609‑G
Moneys apportioned to school districts for reimbursement of article twenty-three of the tax law payments commencing in the 2009-2010 scho...
3609‑H
Moneys apportioned to school districts for commercial gaming grants pursuant to subdivision six of section ninety-seven-nnnn of the state...
3610
Apportionment for apprenticeship training
3611
Racial and cultural awareness fund
3612
Teachers of tomorrow teacher recruitment and retention program
3613
School district reorganizations and real property tax rates

Accessed:
May 4, 2024

Last modified:
Apr. 15, 2022

§ 3602-B’s source at nysenate​.gov

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