N.Y. Education Law § 3609-d: Moneys apportioned for board of cooperative educational services aidable expenditures when and how payable commencing July first, two tho...

§ 3609-d. Moneys apportioned for board of cooperative educational

services aidable expenditures when and how payable commencing July

first, two thousand four. Notwithstanding the provisions of section

thirty-six hundred nine-a of this article, apportionments payable

pursuant to section nineteen hundred fifty of this chapter shall be paid

pursuant to this section. For aid payable in the two thousand four--two

thousand five school year and thereafter, "moneys apportioned" shall

mean the lesser of (i) one hundred percent of the respective amount set

forth for each school district as payable pursuant to this section in

the school aid computer listing produced by the commissioner in support

of the budget including the appropriation for support of boards of

cooperative educational services for payments due prior to April first

for the current year, or (ii) the apportionment calculated by the

commissioner based on data on file at the time the payment is processed;

provided however, that for the purposes of any payment to be made in the

month of June of two thousand six such calculation shall be based on the

school aid computer listing for the current year using updated data at

the time of each payment. For districts subject to chapter five hundred

sixty-three of the laws of nineteen hundred eighty, thirty-six hundred

two-b, or two thousand forty of this chapter, for aid payable in the two

thousand four--two thousand five school year and thereafter, "moneys

apportioned" shall mean the apportionment calculated by the commissioner

based on data on file at the time the payment is processed. The "school

aid computer listing for the current year" shall be as defined in the

opening paragraph of section thirty-six hundred nine-a of this article.

The definitions "base year" and "current year" as set forth in

subdivision one of section thirty-six hundred two of this article shall

apply to this section.

1. Prescribed payments. Of the moneys to be apportioned by the

commissioner to school districts during the school year, that portion

payable pursuant to section nineteen hundred fifty of this chapter shall

be used in the first instance to make payments on behalf of boards of

cooperative educational services to the teachers' retirement system in

the same manner as payments made on behalf of school districts pursuant

to subparagraph one of paragraph a of subdivision one of section

thirty-six hundred nine-a of this article, and additional payments shall

be paid to boards of cooperative educational services as follows: the

greater of any payments made to the teachers' retirement system pursuant

to this paragraph or twenty-five percent of the moneys apportioned less

any payments made to the teachers' retirement system pursuant to this

paragraph on the first state business day of February, to the extent

that acceptable data has been filed with the commissioner; fifty-five

percent of the moneys apportioned, less the payment made in February and

less any payments made to the teachers' retirement system pursuant to

this paragraph, on the first state business day of June; and a final

apportionment equal to the amount calculated based on data on file as of

August first next following the close of the current year, provided

however, that for the September two thousand six payment such

calculation shall be based on the computer listing for the current year

using data on file as of August first, less payments made to date, on

the first state business day of September next following the close of

the current year; provided, however, that any obligation of a board of

cooperative educational services to the bond trustee of the dormitory

authority shall be paid in accordance with the applicable provisions of

the public authorities law.

2. Such moneys shall be payable to the treasurer of each board of

cooperative educational services, if there be a treasurer, otherwise to

the collector or other disbursing officer of such board of cooperative

educational services, who shall apply for and receive the same as soon

as payable.

3. Notwithstanding any inconsistent provisions of this chapter, for

aid payable in the nineteen hundred ninety-six--ninety-seven school year

the apportionment calculated pursuant to section nineteen hundred fifty

of this chapter shall be reduced by two percent.