N.Y. Education Law § 3641: Special apportionments and grants-in-aid to school districts

§ 3641. Special apportionments and grants-in-aid to school districts.

1. General provisions. a. The commissioner shall be authorized to

provide funds for the programs included in this section only to the

extent that an appropriation is available for the purpose of the

specific program.

b. The payment schedule set forth in section thirty-six hundred nine-a

of this article shall not apply to special apportionments or

grants-in-aid included in this section. Except where a specific payment

schedule is set forth in this section, the commissioner is authorized to

pay up to seventy percent of the sum appropriated for any program

included in this section prior to April first of the school year for

which such moneys are available, with the remainder payable on or after

such date.

2. Full-day kindergarten transition and pre-kindergarten planning

grants. Within the amount appropriated for such purpose, the

commissioner is hereby authorized to award grants to: (i) school

districts that operated half-day kindergarten programs in the two

thousand six--two thousand seven school year and will continue to

operate such half-day programs in the two thousand seven--two thousand

eight school year to plan for conversion to full-day kindergartens only

in the school year next following the school year in which the planning

grant is received, but no later than the two thousand ten--two thousand

eleven school year, and (ii) school districts for planning grants for

the implementation or expansion of universal prekindergarten programs.

The commissioner shall prescribe the procedures and criteria for the

award of such grants, which shall be available to school districts to

defray their additional costs for planning time, the cost of classroom

materials, equipment, furniture and supplies not eligible for aid

pursuant to subdivisions six, six-a, six-b, six-c or six-f of section

thirty-six hundred two of this article, where such additional costs are

incurred in planning for the facilities and staffing that will be needed

for such conversion, implementation or expansion. No school district may

receive more than one planning grant pursuant to this subdivision for

conversion to full-day kindergarten. The commissioner shall be

authorized to adopt regulations to implement the provisions of this

subdivision.

3. Supplemental valuation impact grants. a. In addition to

apportionments otherwise provided by section thirty-six hundred two of

this article, for aid payable in the two thousand eight--two thousand

nine and two thousand nine--two thousand ten school years, the amounts

specified in paragraphs c and d of this subdivision shall be paid for

the purpose of providing additional funding for school districts which

have experienced a significant financial hardship caused by an

extraordinary change in the taxable property valuation or extraordinary

judgments resulting from tax certiorari proceedings.

b. The purpose of this subdivision is to provide financial assistance

to school districts which have experienced a significant reduction in

the taxable full value of the school district or extraordinary tax

certiorari judgments. The legislature finds that school districts for

which a judgment was made resulting from a tax certiorari proceeding

which is larger than the total budget of the school district for school

year two thousand seven--two thousand eight or for school districts

which have observed a reduction of taxable real property of more than

seventy-five percent between school year two thousand five--two thousand

six and school year two thousand eight--two thousand nine may benefit

from temporary additional assistance.

c. To the Barker central school district, there shall be paid one

million three hundred thousand dollars ($1,300,000). Such grant shall be

payable to the Barker central school district in accordance with the

payment schedules contained in section thirty-six hundred nine-a of this

article, notwithstanding any provision of law to the contrary.

d. To the Haverstraw-Stony Point central school district, there shall

be paid two million five hundred thousand dollars ($2,500,000). Such

grant shall be payable to the Haverstraw-Stony Point central school

district in accordance with the payment schedules contained in section

thirty-six hundred nine-a of this article, notwithstanding any provision

of law to the contrary.

4. Building condition survey services. a. Purpose. The purpose of this

subdivision is to assess the need of routine maintenance, repairs, minor

alterations, and operational improvements in order to safeguard and

promote the health, safety and welfare of both pupils and staff. The

legislature further finds that the existing aid formula does not provide

for local assistance for such building condition surveys and that,

therefore, additional funding is necessary to assist local public school

districts with such necessary building condition survey activities.

b. Building condition surveys. To be eligible for aid pursuant to

subdivision six-e of section thirty-six hundred two of this article,

building condition surveys shall be conducted by a licensed architect or

licensed professional engineer performing under a state contract entered

into pursuant to paragraph c of this subdivision, shall assess the

condition of all major building systems of a school building, and shall

be in the form and contain the information prescribed by the

commissioner. For purposes of this paragraph, "major building systems"

shall mean the electrical, plumbing, heating, ventilation and air

conditioning systems, and the roof and other major structural elements

of a school building.

c. Powers and duties of the commissioner. (1) The commissioner shall

develop a building condition survey matrix which would be used to assist

public school districts to develop long range facilities plans in a

consistent format.

(1-a) Commencing no sooner than the first day in January, two thousand

twenty, the commissioner shall require school districts to conduct

building condition surveys every five years in accordance with

regulations of the commissioner. Such regulations shall prescribe the

date or dates by which such surveys must be completed and submitted to

the department and shall provide for staggered implementation so that

such surveys are distributed as evenly as possible throughout the

five-year period based on the number of public school buildings,

provided that such implementation schedule shall ensure that no region

of the state is overrepresented in a given scheduled year and shall to

the extent practicable prioritize assigning to the first two years of

such schedule those school districts with the greatest proportions of

buildings which previously received relatively low overall condition

ratings.

(2) The commissioner is hereby authorized to enter into the necessary

contractual agreements with architects and/or engineers to state-wide

contracts to provide building construction surveys on a regional basis

for a fixed fee per square foot. Such building condition surveys shall

be used to assist school districts with the development of their

five-year capital facilities plan.

5. School district management efficiency awards program. a. Within the

amount appropriated for such purpose, subject to a plan developed in

consultation with the secretary of state and approved by the director of

the budget, the commissioner shall award competitive grants pursuant to

this subdivision for achieving school district management efficiencies.

(1) Such plan shall include but not be limited to: the process by

which a request for proposals is developed; the scoring rubric by which

such proposals will be evaluated; the form and manner by which

applications will be submitted; the manner by which calculation of the

amount of the award was determined, including establishing benchmarks

based on actual cost savings that must be met before any awards are

paid; and the timeline for the issuance and review of applications to

ensure that grants will be first awarded within one hundred and twenty

days following the end of the two thousand eleven--two thousand twelve

school year.

(2) The commissioner shall be authorized, consistent with the plan

required by this paragraph, to promulgate rules and regulations

necessary for the implementation of this subdivision.

b. A response to a request for proposals issued pursuant to this

subdivision may be submitted by a school district or jointly by two or

more school districts who have demonstrated to the satisfaction of the

commissioner that:

(1) one or more long term efficiencies in school district management,

operations, procurement practices or other cost savings measures that

have not and will not result in an increase in cost to the state or

locality have been implemented;

(2) such efficiencies have been implemented within two years prior to

a response to a request for proposals issued pursuant to this

subdivision or will be implemented during the current school year;

(3) such efficiencies have resulted or will result in a significant

reduction in total operating expenses compared to the prior year, in the

administrative component, or the equivalent, of the school district

budget, in transportation operating expenses, in transportation capital

expenses, and/or in other non-personal service costs included in the

program component of the school district budget, or the equivalent,

compared to the prior year; and

(4) such efficiencies are expected to result in substantial and

sustainable cost savings in future years; and

(5) if two or more school districts are applying jointly, and have

entered a shared services agreement as authorized by law, that

significant savings would result from such shared services; provided

that in no event shall districts that have entered into an aidable

cooperative educational services agreement for any such services with a

board of cooperative educational services pursuant to section nineteen

hundred fifty of this chapter be eligible for an award pursuant to this

subdivision for the same purpose, but may be eligible for an award

pursuant to this subdivision for another shared long term efficiency or

cost saving measure. Provided however, a district which has received an

award pursuant to the local government efficiency grant program

authorized by subdivision ten of section fifty-four of the state finance

law, shall not be eligible to receive an award pursuant to this

subdivision for the same purpose, but may be eligible for an award

pursuant to this subdivision for another long term efficiency or cost

savings measure.

c. The commissioner shall grant priority to applications that have

demonstrated that the long term efficiencies that have been implemented:

(1) are innovative in the manner that the management or organizational

structure may be changed to generate significant savings while

maintaining or improving student achievement; (2) have the participation

of the teachers, parents and/or other stakeholders in the school

district; (3) are measures or strategies that other school districts can

replicate; or (4) have the greatest quantifiable savings that will be

sustainable.

d. A school district that submits documentation that has been approved

by the commissioner by September first, two thousand twelve

demonstrating that it has fully implemented new standards and procedures

for conducting annual professional performance reviews of classroom

teachers and building principals to determine teacher and principal

effectiveness, shall receive bonus points in the scoring of its grant

application.

e. A school district or school districts seeking a grant shall submit

an application to the commissioner in a form and manner and by a date as

prescribed by the commissioner. The commissioner may consult with any

other state agency about such grants and each such agency shall

cooperate in assisting in the analysis of grant applications.

f. The amount of the grant award, including the maximum grant amount

available to any district or districts, shall be determined by the

commissioner, consistent with the plan developed pursuant to paragraph a

of this subdivision provided that the amount of such awards shall be

based upon the size of the district or school districts measured by

public school enrollment of the district or districts, except that no

single district receiving a grant and no group of districts receiving a

grant jointly may be awarded more than forty percent of the total amount

of grant awards made pursuant to this subdivision; and provided further

that such amount may be adjusted based upon measures of district need.

g. For the two thousand thirteen--two thousand fourteen state fiscal

year and thereafter, in addition to the competitive awards amount as

defined in paragraph ee of subdivision one of section thirty-six hundred

two of this article, a minimum of thirty-seven million five hundred

thousand dollars shall be available for this purpose in each state

fiscal year.

6. School district performance improvement awards grant. a. Within the

amounts appropriated for such purpose, the commissioner shall award

competitive grants to eligible school districts pursuant to this

subdivision that have demonstrated the most improved academic

achievement gains and student outcomes, as well as having implemented

strategies that have the most potential for continued improvements in

student performance, narrowing student achievement gaps and increasing

academic performance in traditionally underserved student groups.

b. The commissioner shall:

(1) develop a competitive request for proposals, which shall be

approved by the director of the budget, to be issued on or before

October first, two thousand eleven and shall ensure that grants will

first be awarded pursuant to this subdivision during the two thousand

eleven-two thousand twelve school year.

(2) create a peer review panel and process and a scoring rubric to be

used in the evaluation of applications during such process. Such scoring

rubric shall give priority to those eligible school districts that have

the most significant measurable improvements in academic achievement and

student outcomes; and have (A) implemented rigorous programs to improve

middle school student performance; (B) newly established or expanded

participation in college level or early college programs; (C)

significantly increased college admission rates; (D) exemplary career

and technical education programs with a record of successful student

outcomes; or (E) other innovative and replicable strategies for student

achievement. Provided further that such rubric shall grant priority to

those eligible districts whose programs benefit students having the

greatest educational needs, including but not limited to:

(A) students within traditionally underserved student groups;

(B) students who are English language learners;

(C) students in poverty;

(D) students with disabilities; and

(E) students with low academic achievement.

(3) be authorized to promulgate rules and regulations necessary for

the implementation of this subdivision.

c. To be an eligible applicant, a school district must:

(1) have a race to the top final scope of work that was approved by

the commissioner by February fifteenth, two thousand eleven; and/or

(2) have demonstrated satisfactory progress, as determined by the

commissioner, towards implementation of elements such as high quality

student assessments, use of data to improve instruction and student

performance, provision of professional development to improve teacher

performance; and

(3) be among the school districts showing the greatest gains in

student performance in its category of district in the prior school year

as reflected by increases in student outcome, as well as other measures

for closing the achievement gap, improving high school performance and

graduation rates, and increasing college attendance and retention rates

as compared to student performance in those areas in the applicable

baseline year.

d. For purposes of this subdivision:

(1) "category of district" means:

(A) a high-need large city category consisting of city school

districts having a population of one hundred twenty-five thousand

inhabitants or more, provided that in the case of the city school

district of the city of New York the chancellor shall have the option of

applying on behalf of one or more community school districts and/or

district seventy-five in lieu of applying on a citywide basis;

(B) a high-need urban-suburban category as defined by the commissioner

based upon the need/resource capacity index applicable to such school

districts;

(C) a high-need rural category as defined by the commissioner based

upon the need/resource capacity index applicable to such school

districts;

(D) an average need category as defined by the commissioner based upon

the need/resource capacity index applicable to such school districts;

and

(E) a low need category as defined by the commissioner based upon the

need/resource capacity index applicable to such school districts.

(2) The commissioner shall establish a methodology for determining

which districts in each category of district that have applied for a

performance improvement grant have shown the greatest achievement gains.

Provided, however, that where a school district does not have the

minimum number of students specified by the commissioner for

accountability purposes (minimum "n" size) in one or more of the five

subgroups, such district shall not be disqualified from receiving a

grant, but a preference shall be given to districts within each category

of district with the highest number of subgroups meeting such minimum

"n" size.

e. The commissioner shall grant awards to the school districts, as

recommended by the peer review panel, among the various categories of

districts and determine the amount of the grant award for each eligible

school district based upon the public school enrollment of the district,

provided that no district receiving a grant may be awarded more than

forty percent of the total amount of grant awards made pursuant to this

subdivision; and provided further that such amount may be adjusted based

upon measures of district need.

f. Any school district receiving an award pursuant to this subdivision

shall expend grant funds in accordance with a high-quality plan

submitted with its application in response to the request for proposals.

Such plan must specify how such funds will be used to enhance the

activities and strategies that have been or will be implemented that

have been demonstrated to be effective in, or show the most promise for,

increasing student performance, narrowing the student achievement gap,

and increasing academic performance in traditionally underserved student

groups.

g. For the two thousand thirteen--two thousand fourteen state fiscal

year and thereafter, in addition to the competitive awards amount as

defined in paragraph ee of subdivision one of section thirty-six hundred

two of this article, a minimum of thirty-seven million five hundred

thousand dollars shall be available for this purpose in each state

fiscal year.

6-a. Community school grants. a. Within the amount appropriated for

such purpose, subject to a plan developed by the state council on

children and families in coordination with the commissioner and approved

by the director of the budget, the commissioner shall award competitive

grants pursuant to this subdivision to eligible school districts or in a

city with a population of one million or more an eligible entity to

implement, beginning in the two thousand thirteen--two thousand fourteen

school year, a plan that targets school buildings as community hubs to

deliver co-located or school-linked academic, health, mental health,

nutrition, counseling, legal and/or other services to students and their

families in a manner that will lead to improved educational and other

outcomes. In a city with a population of one million or more, eligible

entities shall mean the city school district of the city of New York, or

not-for-profit organizations, which shall include not-for-profit

community based organizations. An eligible entity that is a

not-for-profit may apply for a community school grant provided that it

collaborates with the city school district of the city of New York and

receives the approval of the chancellor of the city school district of

the city of New York.

(1) Such plan shall include, but not be limited to:

(i) The process by which a request for proposals will be developed;

(ii) The scoring rubric by which such proposals will be evaluated,

provided that such grants shall be awarded based on factors including,

but not limited to: measures of school district need; measures of the

need of students to be served by each of the school districts; the

school district's proposal to target the highest need schools and

students; the sustainability of the proposed community schools program;

and proposal quality;

(iii) The form and manner by which applications will be submitted;

(iv) The manner by which calculation of the amount of the award will

be determined;

(v) The timeline for the issuance and review of applications; and

(vi) Program implementation phases that will trigger payment of set

percentages of the total award.

(2) In assessing proposal quality, the commissioner shall take into

account factors including, but not limited to:

(i) The extent to which the school district's proposal would provide

such community services through partnerships with local governments and

non-profit organizations;

(ii) The extent to which the proposal would provide for delivery of

such services directly in school buildings;

(iii) The extent to which the proposal articulates how such services

would facilitate measurable improvement in student and family outcomes;

(iv) The extent to which the proposal articulates and identifies how

existing funding streams and programs would be used to provide such

community services; and

(v) the extent to which the proposal ensures the safety of all

students, staff and community members in school buildings used as

community hubs.

b. A response to a request for proposals issued pursuant to this

subdivision may be submitted by a single school district or jointly by a

consortium of two or more school districts, or in a city with a

population of one million or more, an eligible entity.

c. The amount of the grant award shall be determined by the

commissioner, consistent with the plan developed pursuant to paragraph a

of this subdivision, except that no single district may be awarded more

than forty percent of the total amount of grant awards made pursuant to

this subdivision; and provided further that the maximum award to any

individual community school site shall be five hundred thousand dollars;

and provided further that the amount awarded will be paid out in set

percentages over time upon successful implementation of each phase of a

school district's approved proposal set forth pursuant to paragraph a of

this subdivision; and provided further that none of the grants awarded

pursuant to this subdivision may be used to supplant existing funding.

6-b. Extended learning grants. a. Within the amount appropriated for

such purpose, subject to a plan that is developed by the commissioner,

and approved by the director of the budget, the commissioner shall award

competitive planning and implementation grants pursuant to this

subdivision to eligible school districts or school districts in

collaboration with not-for-profit community based organizations that put

forward a proposal to improve student outcomes by adding at least

twenty-five percent more time to the academic calendar by extending the

school day, school year, or some combination thereof, either

district-wide or in selected school buildings.

(1) Such plan shall include, but not be limited to:

(i) The process by which a request for proposals will be developed;

(ii) The scoring rubric by which such proposals will be evaluated,

provided that priority shall be given to applicants based upon the

school district's proposal to target the schools and students with the

greatest need and upon proposal quality;

(iii) The form and manner by which applications will be submitted;

(iv) The timeline for the issuance and review of applications; and

(v) A requirement that school districts awarded grants under this

subdivision submit to an annual evaluation of performance and impact as

required by the commissioner.

(2) In assessing proposal quality in order to award implementation

grant funding, the commissioner shall take into account factors

including, but not limited to:

(i) the extent to which the school district's proposal would maximize

the use of the additional learning time through a comprehensive

restructuring of the school day and/or year;

(ii) how the additional learning time would be utilized, including but

not limited to additional time spent on core academics; and

(iii) the extent to which the proposal would provide additional

learning time for students in grades six through eight.

b. A school district's school-wide extended learning implementation

grant award shall equal its average daily attendance in the school-wide

extended learning program multiplied by the expected cost per pupil of

the additional learning time. For purposes of this subdivision, the

expected cost per pupil of the additional learning time shall equal the

greater of fifteen hundred dollars or (1) the quotient of (i) the school

district's approved operating expense pursuant to paragraph t of

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

the year prior to the base year divided by (ii) the district's public

school district enrollment pursuant to subparagraph two of paragraph n

of such subdivision for the year prior to the base year multiplied by

(2) ten percent (0.10), multiplied by (3) the quotient of (i) the

average of the national consumer price indexes determined by the United

States department of labor for the twelve month period preceding January

first of the base year, divided by (ii) the average of the national

consumer price indexes determined by the United States department of

labor for the twelve month period preceding January first of the year

two years prior to the base year.

c. In extraordinary cases, the commissioner may award a grant that

exceeds the per pupil limit calculated pursuant to paragraph b of this

subdivision.

d. No district shall receive a grant in excess of the total actual

grant expenditures incurred by the district in the current year as

approved by the commissioner.

e. No single district may be awarded more than forty percent of the

total amount of grant awards made pursuant to this subdivision.

6-c. Teacher excellence fund. a. Within the amount appropriated for

such purpose, subject to a request for proposals developed by the

commissioner and approved by the director of the budget, the

commissioner shall award teacher excellence fund grants pursuant to this

subdivision to eligible school districts, beginning in the two thousand

fourteen--two thousand fifteen school year, to provide teacher

excellence fund performance awards to highly effective teachers.

(1) Teacher excellence fund performance awards shall be allocated in

an annual amount of up to twenty thousand dollars to eligible teachers

rated as "highly effective" based on the most recent annual professional

performance review, in accordance with the requirements of section three

thousand twelve-c of this chapter and regulations of the commissioner.

(2) On an annual basis, eligible school districts may submit an

application to the commissioner, in a form and manner prescribed by the

commissioner, to request funding pursuant to this subdivision.

(3) The commissioner shall make available such application on or

before May fifteenth of the preceding school year and the commissioner

shall issue preliminary teacher excellence fund grant awards on or

before October fifteenth of the school year in which the eligible

teacher shall receive a teacher excellence fund performance award.

(4) Applications submitted by eligible school districts shall include

information required by the commissioner including, but not limited to,

the extent to which the school district's plan is intended to recognize

and reward highly-effective teachers: (i) in school buildings with the

greatest academic need; (ii) in difficult-to-staff subject or

certification areas and/or grade levels; and (iii) at critical points in

a teacher's career in order to encourage highly effective teachers to

remain in the classroom.

(5) The commissioner shall prioritize applications submitted by

eligible school districts based on factors including, but not limited

to, the factors described in subparagraph four of this paragraph and the

quality of the proposal.

(6) Notwithstanding any other provision of law to the contrary, the

teacher excellence fund performance awards provided by this subdivision

shall be in addition to, and shall not be considered part of, a

teacher's basic annual salary, and shall not be included as compensation

for retirement purposes. Teacher excellence fund performance awards

shall supplement and shall not supplant compensation from sources

exclusive of this subdivision agreed to as part of a collective

bargaining agreement.

b. For the purpose of this subdivision:

(1) The term "eligible school district" shall mean a common, union

free, central, central high school, city, or special act school district

that has entered into an agreement with the collective bargaining

representatives of certified teachers consistent with the provisions of

the application submitted by the school district pursuant to paragraph a

of this subdivision.

(2) The term "eligible teacher" shall mean a teacher who (i) holds an

initial, provisional, transitional, permanent or professional state

teaching certificate appropriate to the teaching positions, including

the subject area if applicable, in which he or she is employed; (ii) is

a classroom teacher subject to the annual professional performance

review requirements of section three thousand twelve-c of this chapter;

and (iii) is rated "highly effective" based on his or her most recent

annual professional performance review, in accordance with the

requirements of section three thousand twelve-c of this chapter and

regulations of the commissioner.

7. Small government assistance. a. In addition to apportionments

otherwise provided by section thirty-six hundred two of this article for

payable in the two thousand eleven--two thousand twelve school year and

thereafter the amounts specified in paragraph b of this subdivision

shall be paid to school districts for small government assistance.

b. To school districts that received small government assistance in

the state fiscal year two thousand ten--two thousand eleven, such

apportionment in the same amount shall be apportioned to school

districts on or before March thirty-first of the school year upon audit

and warrant of the comptroller.

8. Supplemental educational improvement grants. a. In addition to

apportionments otherwise provided by section thirty-six hundred two of

this article, for aid payable in the two thousand seven--two thousand

eight school year and thereafter, the amounts specified in paragraph b

of this subdivision shall be paid for the purpose of providing

additional funding for the costs of educational improvement plans

required as a result of a court-ordered settlement in a school

desegregation case to which the state was a party. Grant funds awarded

pursuant to this subdivision shall be used exclusively for services and

expenses incurred by the school district to implement such educational

improvement plans.

b. To the Yonkers city school district there shall be paid seventeen

million five hundred thousand dollars ($17,500,000) on an annual basis.

Such grant shall be payable from funds appropriated for such purpose and

shall be apportioned to the Yonkers city school district in accordance

with the payment schedules contained in section thirty-six hundred

nine-a of this article, notwithstanding any provision of law to the

contrary.

9. Targeted instructional staff development grants. a. In the nineteen

hundred ninety-eight--ninety-nine school year and thereafter, within the

amount appropriated for such purpose, the commissioner shall provide

grants pursuant to this subdivision to: (1) school districts, and (2)

school districts working in collaboration with institutions of higher

education and/or teacher resource and computer resource centers, and (3)

providers of pre-kindergarten services which are receiving funding

pursuant to section three thousand six hundred two-e of this article,

for services and expenses related to targeted instructional staff

development grants.

b. School districts and providers of pre-kindergarten services seeking

a grant pursuant to this subdivision shall submit a plan for approval of

the commissioner that details how the school district will use the grant

funds to provide effective and grade-level appropriate staff development

programs that are targeted on one or more of the instructional areas

specified in paragraph c of this subdivision. Such plan shall be in a

form prescribed by the commissioner and shall include, but not be

limited to, a proposed budget, and a description of:

(1) the program, including, but not limited to, its purpose and target

population;

(2) how the new program shall be integrated with, and will supplement,

the district's existing in-service staff development program;

(3) when the staff development program shall be offered to teachers

and the arrangements made by the school district to assure that teachers

are able to attend, including, but not limited to, arrangements for

substitute teachers;

(4) the local funds, if any, that will be made available to support

the new staff development program; and

(5) a plan for evaluation of the effectiveness of the program, which

shall include, but need not be limited to, a survey of all participating

teachers.

c. Staff development programs funded pursuant to this subdivision

shall be targeted for specialized in-service training in one or more of

the following areas:

(i) understanding and implementing the new higher standards and

assessments as promulgated by the board of regents and the commissioner;

(ii) effective use of technology in instruction;

(iii) instruction of children who are participating in

pre-kindergarten programs approved pursuant to section three thousand

six hundred two-e of this article;

(iv) instruction of children with disabilities within a regular

education setting;

(v) instruction of nondisabled children who demonstrate the need for

increased academic attention; and

(vi) other areas of need demonstrated by the district that relate

directly to student instruction and are approved by the commissioner.

d. Grants shall be awarded on a competitive basis in accordance with

criteria established by the commissioner. Grant funds may be used for

the approved expenses of the staff development program as defined by the

commissioner, provided that such approved expenses shall include, but

need not be limited to, reasonable travel costs for instructors,

reasonable costs for the use of technology to provide staff development

programs at a distance, and the actual cost to the district of employing

substitute teachers for teachers participating in the program exclusive

of any state aid payable for such costs.

e. The commissioner shall be authorized to adopt regulations to

implement the provisions of this subdivision.

f. In the event the appropriation for purposes of this paragraph in

any year is insufficient to pay all claims received pursuant to this

paragraph, the commissioner shall pay such claims on a prorated basis

among all districts filing such claims until the appropriation is

exhausted. For aid payable in the nineteen hundred

ninety-eight--ninety-nine school year, the aid payable pursuant to this

paragraph shall not exceed one million five hundred thousand dollars

($1,500,000); for the nineteen hundred ninety-nine--two thousand school

year the aid payable pursuant to this paragraph shall not exceed five

million dollars ($5,000,000); and for the two thousand--two thousand one

school year and thereafter the aid payable pursuant to this paragraph

shall not exceed ten million dollars ($10,000,000).

10. Aid for rebuilding schools to uphold education (RESCUE). In

addition to the apportionments made pursuant to subdivisions six, six-a,

and six-b and paragraph c of subdivision fourteen of section thirty-six

hundred two of this article, school districts shall be eligible for an

apportionment or apportionments pursuant to this subdivision for

eligible school construction projects. The payment of such apportionment

or apportionments shall be made in the manner provided for in paragraph

d of this subdivision. An apportionment for any such eligible project

shall initially be available in the state fiscal year commencing April

first, nineteen hundred ninety-nine, provided that applications for

approval of such eligible projects by the commissioner may be processed

hereunder prior to such date.

a. Definitions. For purposes of this subdivision:

(1) "Eligible school construction project", or "eligible project,"

means a project for the design, planning, construction, acquisition,

reconstruction, rehabilitation or improvement of a public school

building used primarily for instruction that is an accessibility

project, an educational technology project, a health and safety project,

and/or a physical capacity expansion project, that has been approved by

the voters of the school district or approved by the trustees or board

of education for school districts where voter approval is not required

on or after July first, nineteen hundred ninety-eight or before July

first, two thousand three; that such project is contained in the

district's five year facilities plan; and such project is a critical and

priority project as identified by such district's safety rating system

required by sections four hundred nine-d and four hundred nine-e of this

chapter, or, a construction emergency project.

(2) "Eligible minor maintenance and repair project" means a project,

not otherwise eligible for an apportionment pursuant to subdivision six

of section thirty-six hundred two of this article, that is related to

maintaining and repairing public school buildings used primarily for

instruction, including expenditures for minor repair and improvement

activities performed to remedy existing minor maintenance deficiencies

and expenditures for periodic, scheduled maintenance activities intended

to mitigate the need for excessive capital renovation and rehabilitation

in the future as documented by a plan developed by the district and

submitted to the commissioner and which has been approved for funding on

or after July first, nineteen hundred ninety-eight, or before July

first, two thousand two by the commissioner.

(3) "Approved project" means an eligible school construction project

that has been reviewed by the department and approved by the

commissioner pursuant to this subdivision on or after July first,

nineteen hundred ninety-eight and before July first, two thousand three

(except as otherwise provided in subparagraph one of paragraph c of this

subdivision) for funding disbursement by an apportionment or

apportionments made hereunder.

(4) For the purposes of the expenditure of the maximum additional

apportionment defined in subparagraph 11, "Approved building aidable

project" means an approved project for which approved expenditures are

eligible for an apportionment pursuant to subdivisions six, six-a, six-b

and/or paragraph c of subdivision fourteen of section thirty-six hundred

two of this article and one or more of the following conditions have

been met:

(i) Projects for which letters of intent are on file with the state

education department by August 1, 1999;

(ii) Projects approved by the voters by January 15, 2000;

(iii) In the case of a school district in a city with a population of

one million or more, projects specifically referenced in the five-year

educational facilities capital plan pursuant to section 2590-p of the

education law on file with the commissioner as of August 1, 1999; and

(iv) Projects for which letters of intent are filed with the state

education department by July 1, 2000 that are determined to be priority

projects necessary to: address the safety or health of students and

staff including, but not limited to climate control; or to assure

accessibility of individuals with disabilities.

(4-a) For the purposes of the expenditure of the maximum additional

apportionment defined in subparagraph 11-a, "Approved building aidable

project" means an approved eligible school construction project.

(5) "Accessibility project" means an eligible school construction

project which, as a primary purpose, enhances accessibility to public

school buildings used primarily for instruction for individuals with

disabilities.

(6) "Construction emergency project" means an eligible school

construction project to remediate emergency situations which arise in

public school buildings used primarily for instruction as a result of

significant damage caused by an unanticipated and sudden occurrence

which results in the necessity for immediate repair.

(7) "Educational technology project" means an eligible school

construction project which, as a primary purpose, enhances the use of

technology in public school buildings used primarily for instruction,

including but not limited to, electrical upgrades, wiring, cabling

installations, fiber optics, conduits, raceways, telecommunication

systems and wireless options.

(8) "Health and safety project" means an eligible school construction

project which, as a primary purpose, addresses the reduction or

elimination of the risk of personal injury or harm to occupants of

public school buildings used primarily for instruction, including but

not limited to environmental remediation, the eradication of fire and

health code violations, the provision of adequate ventilation, and the

rehabilitation and repair of existing facilities.

(9) "Physical capacity expansion project" means an eligible school

construction project which, as a primary purpose, expands the

availability of adequate and appropriate instructional space in a public

school building used primarily for instruction, including but not

limited to expansions which provide for reduced class size.

(10) "District sharing ratio" means the quotient obtained when the sum

of the resident public school district enrollment of a school district

as defined in subparagraph four of paragraph n of subdivision one of

section thirty-six hundred two of this article and its resident

nonpublic school enrollment for such school year as defined in

subparagraph five of such paragraph, is divided by the sum of such

enrollments for all school districts for such school year, with the

result expressed as a decimal carried to the sixth place without

rounding. For any maximum additional apportionment calculated pursuant

to subparagraph eleven of this paragraph, the resident public school

district enrollment and its resident nonpublic school enrollment for the

nineteen hundred ninety-eight--ninety-nine school year shall be used to

calculate the district sharing ratio. For any maximum additional

apportionment calculated pursuant to subparagraph eleven-a of this

paragraph, the resident public school district enrollment and its

resident nonpublic school enrollment for the nineteen hundred

ninety-nine--two thousand school year shall be used to calculate the

district sharing ratio.

(11) "Maximum additional apportionment" for any appropriation first

made in support of this subdivision in the education, labor and family

assistance budget bill enacted for the nineteen hundred ninety-nine--two

thousand state fiscal year means the result calculated when one hundred

forty-five million dollars is multiplied by the district sharing ratio

for the school district provided, however, that such maximum additional

apportionment shall not be less than twenty thousand dollars and

provided further that in the event that the sum of the apportionments

calculated pursuant to this section exceeds one hundred forty-five

million dollars, all such apportionments in excess of twenty thousand

dollars shall be adjusted downward on a prorated basis as determined by

the commissioner, provided further that such adjustment shall not reduce

any such apportionment below twenty thousand dollars. The commissioner

shall notify each school district by September fifteenth, nineteen

hundred ninety-nine, of the amount of the maximum additional

apportionment available to it as calculated hereinabove. The maximum

additional apportionment for a school district shall be available to

such school district for the purpose of allowing the commissioner to

make an apportionment or apportionments of monies appropriated for such

purpose to fund expenditures and disbursements made for approved

projects of such school district for school years nineteen hundred

ninety-eight--nineteen hundred ninety-nine through and inclusive of two

thousand one--two thousand two, provided that an apportionment may be

made by the commissioner beyond June thirtieth, two thousand two for

certain approved projects as specifically authorized by subparagraph one

of paragraph c of this subdivision. An apportionment of monies for an

approved project which is an eligible school construction project

(including a construction emergency project) shall be subject to a

repayment being made to the comptroller by the dormitory authority as

more particularly provided for in paragraph d of this subdivision.

(11-a) "Maximum additional apportionment" for any appropriation first

made in support of this subdivision in the education, labor and family

assistance budget bill enacted for the two thousand--two thousand one

state fiscal year means the result calculated when fifty million dollars

is multiplied by the district sharing ratio for the school district,

provided, however, that such maximum additional apportionment shall not

be less than twenty thousand dollars and provided further that in the

event that the sum of the apportionments calculated pursuant to this

section exceeds fifty million dollars, all such apportionments in excess

of twenty thousand dollars shall be adjusted downward on a prorated

basis as determined by the commissioner, provided further that such

adjustment shall not reduce any such apportionment below twenty thousand

dollars. The commissioner shall notify each school district by June

fifteenth, two thousand, of the amount of the maximum additional

apportionment available to it as calculated hereinabove. The maximum

additional apportionment for a school district shall be available to

such school district for the purpose of allowing the commissioner to

make an apportionment or apportionments of monies appropriated for such

purpose to fund expenditures and disbursements made for approved

projects of such school district for school years nineteen hundred

ninety-eight--nineteen hundred ninety-nine through and inclusive of two

thousand two--two thousand three, provided that an apportionment may be

made by the commissioner beyond June thirtieth, two thousand three for

certain approved projects as specifically authorized by subparagraph one

of paragraph c of this subdivision. An apportionment of monies for an

approved project which is an eligible school construction project

(including a construction emergency project) shall be subject to a

repayment being made to the comptroller by the dormitory authority as

more particularly provided for in paragraph d of this subdivision.

b. Eligibility. All approved projects shall be eligible for an

apportionment or apportionments by the commissioner pursuant to this

subdivision in the nineteen hundred ninety-nine--two thousand through

two thousand two--two thousand three school years, provided however: (1)

notwithstanding any other provision of this subdivision, any school

district eligible for a maximum additional apportionment pursuant to

this subdivision in excess of one hundred thousand dollars applying to

the commissioner for approval of an eligible project for an

apportionment or apportionments pursuant to this subdivision shall

demonstrate: (i) that any eligible project for which such school

district is seeking funding is contained within its five year capital

facilities plan and is a critical priority project as indicated by the

district's safety rating system as required by sections four hundred

nine-d and four hundred nine-e of this chapter, or (ii) that such

project is considered a construction emergency as defined in

subparagraph six of paragraph a of this subdivision, or (iii) that such

project is an approved building aidable project; and (2) notwithstanding

any other provision of this subdivision, that for any school district

eligible for a maximum additional apportionment pursuant to this

subdivision, in an amount less than or equal to one hundred thousand

dollars, the requirements of clauses (i) - (iii) of subparagraph (1)

hereof shall not apply.

c. Maximum additional apportionment. (1) A school district which has

an approved project or projects shall be entitled to an apportionment or

apportionments for such project or projects in an amount whether in the

aggregate or otherwise, not to exceed the maximum additional

apportionment calculated for such school district. Such maximum

additional apportionment shall be available to the school district for

expenditure for such approved projects in the school years nineteen

hundred ninety-nine--two thousand through two thousand two--two thousand

three, provided that expenditures for such approved project may be made

from such maximum additional apportionment on or after July first, two

thousand three and prior to June thirtieth, two thousand four if: (i)

such project is approved by the voters of the school district, or is

approved by the trustees or board of education for such school district

where voter approval is not required, prior to July first, two thousand

three; (ii) application is made to the commissioner for approval of such

eligible project as an approved project by August first, two thousand

three; and (iii) the commissioner approves such eligible project as an

approved project by October first, two thousand three. The maximum

additional apportionment may be expended in whole or in part in any of

such school years and beyond June thirtieth, two thousand three as

specifically authorized by the immediately preceding sentence. The

amount of such maximum additional apportionment not expended, disbursed

or encumbered for any such year shall be carried over for expenditure

and disbursement to the next succeeding school year, provided that for

the purposes of this subdivision a carryover shall not be authorized

beyond the school year two thousand two--two thousand three except as

otherwise authorized hereinabove in this subparagraph. Such maximum

additional apportionment may be used to supplement the apportionments

available pursuant to subdivisions six, six-a and six-b and paragraph c

of subdivision fourteen of section thirty-six hundred two and

subdivision twelve of this section for expenditures or disbursements for

approved building aidable projects, provided that, for any school

district with an enhanced building aid ratio computed pursuant to clause

(ii) of subparagraph two of paragraph b of subdivision six of section

thirty-six hundred two of this article that is less than nine-tenths the

total of such apportionments plus the apportionment payable pursuant to

this subdivision for the approved project costs of the total

apportionment for any approved building aidable project, as limited by

the cost allowances specified in paragraph a of subdivision six of

section thirty-six hundred two of this article, shall not exceed

ninety-five percent of such approved project costs, and that, for any

school district with an enhanced building aid ratio computed pursuant to

such clause (ii) that is equal to nine-tenths or more, the total of such

apportionments plus the apportionment payable pursuant to this

subdivision for such approved project costs of an approved building

aidable project shall not exceed ninety-eight percent of such approved

project costs, provided further that the apportionment provided pursuant

to this subdivision shall not otherwise reduce the apportionments

payable for approved project costs pursuant to subdivisions six, six-a

and six-b and paragraph c of subdivision fourteen of section thirty-six

hundred two and subdivision twelve of this section and may be used by an

eligible school district to fund the principal amount of any costs that

are in excess of the costs approved for an apportionment pursuant to

such subdivisions six, six-a or six-b of section thirty-six hundred two

or subdivision twelve of this section. Except as authorized in this

paragraph, expenditures from the maximum additional apportionment shall

not be eligible for aid under any other provision of this chapter.

(2) The commissioner shall report to the governor and to the

legislature by February first, two thousand three concerning the amount

of any maximum additional apportionment available to each school

district, whether in total or in part, that has not been applied for by

any such school district by January first, two thousand three. If the

total amount of such maximum additional apportionment has not been

applied for and approved by the commissioner by July first, two thousand

three, or, at the latest, applied for by August first, two thousand

three and approved by the commissioner by October first, two thousand

three as expressly limited by subparagraph one of this paragraph, the

commissioner shall report to the governor and to the legislature and

notify all districts by November first, two thousand three the total

remaining aggregate amount of maximum additional apportionments for all

school districts which remain uncommitted by such school districts as of

such date, which such total remaining aggregate amount shall then be

distributed on a competitive basis established by the commissioner, with

priority given to districts with outstanding needs as defined by the

district's five year facility plan and approved by the voters of the

school district, or approved by the trustees or board of education of a

school district where voter approval is not required.

d. It is the intent of the legislature that school districts receive

funding for approved projects in a timely manner. The payment of all

apportionments to be made for approved projects pursuant to this

subdivision shall be made from funds annually appropriated by the

legislature for such purpose. An apportionment so made to a school

district from appropriated funds by the commissioner for an approved

project which is an eligible school construction project shall be repaid

to the state comptroller by the dormitory authority from bond proceeds

made available for such purpose pursuant to section sixteen hundred

eighty-nine-a of the public authorities law.

e. Powers and duties of the commissioner. In administering the

provisions of this subdivision, the commissioner shall:

(1) establish an application process for school districts which

request the approval of the commissioner for funding for an

apportionment or apportionments for eligible projects; and

(2) provide that approved projects which receive an apportionment or

apportionments pursuant to this subdivision are designed, constructed

and maintained in the most cost-effective manner possible, which

minimizes waste and maximizes efficiency. The board of regents and the

commissioner shall impose a mechanism for establishing guidelines for

monitoring and documenting this process. The commissioner shall take

appropriate action to ensure a district's compliance with this

subparagraph.

f. Maintenance of projects. In order to assure effective discharge of

state responsibility with respect to the implementation of this

subdivision, the board of regents and the commissioner shall provide

that no moneys shall be made available to a school district for an

eligible school construction project, exclusive of a construction

emergency project unless and until such school district has complied

with the requirements of sections four hundred nine-d and four hundred

nine-e of this chapter and has submitted to the commissioner its current

five year capital facilities plan required pursuant to subdivision six

of this section, section twenty-five hundred-p of this chapter or any

other provision of this chapter, detailing the district's infrastructure

needs. Notwithstanding the provisions of this paragraph any school

district receiving funds from the maximum additional apportionment shall

provide an assurance to the commissioner that all projects funded under

this subdivision will be maintained in good repair.

g. Compliance with other laws. Funds provided pursuant to this

subdivision shall be subject to the applicable provisions of the state

finance law and all other applicable federal, state and local laws.

11. Special academic improvement grants. a. In addition to

apportionments otherwise provided by section thirty-six hundred two of

this article, for aid payable in the school year two thousand one--two

thousand two and every year thereafter, the amounts specified in

paragraph b of this subdivision shall be paid for the sole purpose of

enhancement of the academic programs of school districts that have

become subject to removal of the board of education as a result of

failure of one or more schools to meet state school accountability

standards and serious financial problems that impact the ability of the

school district to support program improvements without endangering the

fiscal stability of the school district's residents and businesses.

Grant funds awarded pursuant to this subdivision shall be used

exclusively for services and expenses incurred by the school district to

support and maintain the improvement of the academic performance of the

schools of the school district, in accordance with a plan of expenditure

prepared at the direction of the commissioner and approved by the

commissioner.

b. To the Roosevelt union free school district there shall be paid

twelve million dollars ($12,000,000) on an annual basis. For school

years commencing on July first, two thousand seven and thereafter, such

special academic improvement grant shall be payable from funds

appropriated for such purpose and shall be apportioned to the Roosevelt

union free school district in accordance with the payment schedules

contained in section three thousand six hundred nine-a of this article,

notwithstanding any provision of law to the contrary.

b-1. For the two thousand fourteen--two thousand fifteen school year,

six million dollars shall be paid pursuant to paragraph b of this

subdivision and the remaining six million dollars shall be paid after

the submission of an expenditure plan by the superintendent of the

Roosevelt union free school district to the speaker of the assembly, the

temporary president of the senate and the members of the legislature

representing such school district. Such plan shall focus on improving

academic performance.

c. For the purposes of ensuring improvement in academic achievement

consistent with the provisions of this grant, in any year in which an

apportionment is provided pursuant to this section, the Roosevelt union

free school district shall:

(1) Submit to the commissioner a five-year educational plan, in a

manner prescribed by the commissioner, and such plan shall include

specific courses of action that will be taken and details describing how

additional state and federal funds will be used to improve educational

outcomes for students and increase the quality of teachers and

principals. This five-year educational plan will be updated and

submitted to the commissioner by September first of each year.

(2) Submit a five-year fiscal stabilization plan in a manner

prescribed by the commissioner, and aligned with the five-year

educational plan for approval by the commissioner or his designee by

September first of each year.

(3) Provide a proposed annual budget to the commissioner by the first

business day of May of each year.

(4) Provide an annual approved budget to the commissioner by July

first of each year.

(5) Provide quarterly budget status reports including compliance with

the annual approved budget of the district.

(6) Take any additional actions or submit additional documentation

identified by the commissioner deemed necessary to ensure the fiscal

integrity of the Roosevelt union free school district.

12. Capital outlay transition grants. a. Capital outlay transition

grants. (1) The commissioner shall, upon application therefor, certify

to the dormitory authority of the state of New York the amounts to be

awarded as grants to school districts in the two thousand two--two

thousand three state fiscal year for reimbursement of approved

expenditures for capital outlays incurred in the two thousand one--two

thousand two school year, as calculated pursuant to subdivision six of

section thirty-six hundred two of this article and this subdivision.

(2) School districts which would have been eligible for an

apportionment for base year approved expenditures for capital outlays

pursuant to subdivision six of section thirty-six hundred two of this

article in the two thousand two--two thousand three school year under

the provisions of such subdivision six in effect in the two thousand

one--two thousand two school year shall be eligible to apply for a grant

pursuant to this paragraph in lieu of an apportionment of aid for such

approved expenditures pursuant to subdivision six of section thirty-six

hundred two of this article. Application for such grant shall be made on

or before the first business day of September, two thousand two in such

form as the commissioner shall determine, and shall include

documentation of actual approved expenditures for capital outlays

incurred in the two thousand one--two thousand two school year.

(3)(i) Upon approval of such application by the commissioner, the

district shall be eligible for a grant in an amount equal to the lesser

of: (1) the product of the amount of the district's base year approved

expenditures for capital outlays for school building purposes determined

pursuant to subdivision six of section thirty-six hundred two of this

article from its general fund, capital fund or from a reserve fund,

based on data on file with the commissioner on the first business day of

September, two thousand two, multiplied by the sum of the aid ratio

computed for such expenditures pursuant to the provisions of paragraph c

of subdivision six of section thirty-six hundred two of this article,

plus the incentive decimal, if any, calculated pursuant to subparagraph

two of paragraph b of such subdivision six, provided that the amount of

reimbursement attributable to approved expenditures for capital outlays

for joint facilities shall be determined pursuant to subparagraph four

of this paragraph, and (2) the amount set forth for such school district

in the school aid listing for the current year produced by the

commissioner in May two thousand two and entitled "SA0203".

(ii) In the event that the sum of the grants calculated by the

commissioner for school districts pursuant to clause (i) of this

subparagraph is less than one hundred forty million dollars the

districts shall be eligible for an additional grant in an amount up to

the difference between (1) the product of the amount of the district's

base year approved expenditures for capital outlays for school building

purposes determined pursuant to subdivision six of section thirty-six

hundred two of this article from its general fund, capital fund or from

a reserve fund that was approved by the board of education in a city

with a population of more than one hundred twenty-five thousand as of

May fifteenth, two thousand two or by the voters in another school

district prior to July first, two thousand two, based on data on file

with the commissioner on the first business day of September, two

thousand two, multiplied by the sum of the aid ratio computed for such

expenditures pursuant to the provisions of paragraph c of subdivision

six of section thirty-six hundred two of this article, plus the

incentive decimal, if any, calculated pursuant to subparagraph two of

paragraph b of such subdivision six, provided that the amount of

reimbursement attributable to approved expenditures for capital outlays

for joint facilities shall be determined pursuant to subparagraph four

of this paragraph, minus, (2) the amount calculated pursuant to clause

(i) of this subparagraph. Such additional grants shall be approved in

the order of the date of receipt of the district's application by the

commissioner, up to the total amount of the appropriation; provided that

in the even that two or more school districts submit application on the

same day and full payment of the amounts so requested exceed such

appropriation, the commissioner shall adjust the grant amounts to

conform to such appropriation. In no event shall any grant not be

awarded due to an inability of the commissioner to make a full award of

the amount on the application.

(4) In the case of two or more school districts eligible for operating

aid pursuant to section thirty-six hundred two of this article that have

entered into an agreement in accordance with section one hundred

nineteen-o of the general municipal law and subdivision six-b of section

thirty-six hundred two of this article for approved expenditures for the

construction or reconstruction of one or more single site joint

facilities where the general contract for the project shall have been

awarded on or after July first, nineteen hundred ninety-three, and the

project and joint agreement shall have been approved by the commissioner

and, for participating school districts in which the school budget is

subject to voter approval, the joint agreement has been approved by the

voters of the district, the lead district shall be eligible for the

product of such base year approved expenditures for capital outlays for

school building purposes, multiplied by the sum of (i) the product for

each of the participating districts of the district's aid ratio computed

for such expenditures pursuant to the provisions of paragraph c of

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

multiplied by the district's share of the use of the facility, plus (ii)

the incentive decimal, if any, calculated pursuant to subparagraph two

of paragraph b of such subdivision six.

(5) Notwithstanding any other provisions of law to the contrary, the

amounts payable pursuant to this paragraph shall be certified by the

commissioner in accordance with section sixteen hundred eighty-nine-f of

the public authorities law and shall be paid to school districts by the

dormitory authority of the state of New York, within the amounts

appropriated for such purpose, from the proceeds of bonds and notes

issued pursuant to such section sixteen hundred eighty-nine-f. Such

payment shall fulfill any obligation of the state or the commissioner to

apportion funds pursuant to this paragraph, and whenever a school

district has been apportioned more money pursuant to this paragraph than

that to which it is entitled, the commissioner may deduct such amount

from the next apportionment to be made to such school district.

b. Excess capital outlay transition grants. (1) For aid payable in the

two thousand three--two thousand four school year, the commissioner

shall, within the amounts appropriated for such purpose, provide grants

to school districts in the amount of any excess of the product of the

amount of such school district's approved expenditures incurred in the

two thousand one--two thousand two school year for capital outlays for

school building purposes determined pursuant to subdivision six of

section thirty-six hundred two of this article from its general fund,

capital fund or from a reserve fund, multiplied by the sum of the aid

ratio selected for use in the two thousand two--two thousand three

school year for such expenditures pursuant to the provisions of

paragraph c of subdivision six of section thirty-six hundred two of this

article, plus the incentive decimal, if any, calculated for the two

thousand two--two thousand three school year pursuant to subparagraph

two of paragraph b of such subdivision six, provided that the amount of

reimbursement attributable to approved expenditures for capital outlays

for joint facilities shall be determined pursuant to subparagraph four

of paragraph a of this subdivision, based on data on file on the first

business day of September, two thousand three, over the amount

reimbursed as capital outlay transition grants pursuant to the

provisions of paragraph a of this subdivision.

(2) A school district which was eligible for a grant pursuant to

paragraph a of this subdivision and where the product of the amount of

such school district's approved expenditures incurred in the two

thousand one--two thousand two school year for capital outlays for

school building purposes determined pursuant to subdivision six of

section thirty-six hundred two of this article from its general fund,

capital fund or from a reserve fund, multiplied by the sum of the aid

ratio selected for use in the two thousand two--two thousand three

school year for such expenditures pursuant to the provisions of

paragraph c of subdivision six of section thirty-six hundred two of this

article, plus the incentive decimal, if any, calculated for the two

thousand two--two thousand three school year pursuant to subparagraph

two of paragraph b of such subdivision six, provided that the amount of

reimbursement attributable to approved expenditures for capital outlays

for joint facilities shall be determined pursuant to subparagraph four

of paragraph a of this subdivision, is in excess of the amount it

received under paragraph a of this subdivision shall be eligible to

apply for a grant pursuant to this subdivision in lieu of an

apportionment of aid for such approved expenditures pursuant to

subdivision six of section thirty-six hundred two of this article.

Application for such grant shall be made on or before the first business

day of September, two thousand three in such form as the commissioner

shall determine, and shall include documentation of actual approved

expenditures for capital outlays incurred in the two thousand one--two

thousand two school year.

(3) Notwithstanding any other provision of law to the contrary, grants

awarded pursuant to this paragraph shall be payable from funds

appropriated for such purpose and shall be apportioned in accordance

with the payment schedule contained in section thirty-six hundred nine-a

of this article.

c. Notwithstanding any other provision of law to the contrary,

approved expenditures for capital outlays incurred in the two thousand

one--two thousand two school year shall not be eligible for an

apportionment pursuant to subdivision six of section thirty-six hundred

two of this article, provided that nothing in this subdivision shall be

construed to limit the eligibility of a school district for

reorganization incentive building aid in the two thousand two--two

thousand three school year based on computations pursuant to subdivision

six of section thirty-six hundred two of this article. Expenditures

incurred for lease or other annual payments under the provisions of

section four hundred three-b, subdivision eight of section twenty-five

hundred three or subdivision six of section twenty-five hundred

fifty-four of this chapter, other than payments under a lease-purchase

agreement or an equivalent agreement, and expenditures aidable pursuant

to subdivisions six-c, six-d, or six-e of section thirty-six hundred two

of this article, shall not be deemed capital outlay for purposes of this

subdivision.

13. Transportation capital expense transition grants. a. The

commissioner shall, upon application therefor, certify to the authorized

issuer established pursuant to subdivision (b) of section sixty-one of

the chapter of the laws of two thousand four which added this

subdivision the amounts to be awarded as grants to school districts in

the two thousand four--two thousand five state fiscal year for

reimbursement of approved expenses for transportation capital, debt

service and leases for the two thousand three--two thousand four school

year, as calculated pursuant to subdivision seven of section thirty-six

hundred two of this article and this subdivision.

b. School districts which would have been eligible for an

apportionment for base year approved expenses for transportation

capital, debt service and leases, as defined in subdivision two of

section thirty-six hundred twenty-three-a of this article, pursuant to

subdivision seven of section thirty-six hundred two of this article in

the two thousand four--two thousand five school year under the

provisions of such subdivision seven in effect in the two thousand

three--two thousand four school year shall be eligible to apply for a

grant pursuant to this paragraph in lieu of an apportionment of aid for

such approved expenses pursuant to subdivision seven of section

thirty-six hundred two of this article. Application for such grant

shall be made on or before the first business day of November, two

thousand four in such form as the commissioner shall determine, and

shall include documentation of actual approved transportation capital,

debt service and/or lease expense incurred in the two thousand

three--two thousand four school year or that would otherwise have been

eligible for an apportionment in the two thousand four--two thousand

five school year pursuant to subdivision seven of section thirty-six

hundred two of this article as it existed in the two thousand three--two

thousand four school year.

c. Upon approval of such application by the commissioner, the district

shall be eligible for a grant in an amount equal to the apportionment

computed pursuant to subdivision seven of section thirty-six hundred two

of this article on its approved expenses for transportation capital,

debt service and leases, as if such expenses continued to be aidable

under such subdivision seven, based on data on file with the

commissioner as of November first, two thousand four.

d. Notwithstanding any other provisions of law to the contrary, the

amounts payable pursuant to this paragraph shall be certified by the

commissioner in accordance with section sixty-one of the chapter of the

laws of two thousand four which added this subdivision and shall be paid

to school districts by the authorized issuer established pursuant to

subdivision (b) of section fifty-four of the chapter of the laws of two

thousand four which added this subdivision from the proceeds of bonds

and notes issued pursuant to such section thirty-six. Such payment shall

fulfill any obligation of the state or the commissioner to apportion

funds pursuant to this paragraph or subdivision seven of section

thirty-six hundred two of this article for approved expenses for

transportation capital, debt service or leases, and whenever a school

district has been apportioned more money pursuant to this paragraph than

that to which it is entitled, the commissioner may deduct such amount

from the next apportionment to be made to such school district.

* 14. Expanding our children's education and learning (EXCEL) a.

Establishment of the EXCEL program. There is hereby established the

expanding our children's education and learning (EXCEL) program to

provide project financing or assistance in the form of grants to

eligible school districts, in addition to, or in lieu of, the

apportionments made pursuant to subdivisions six, six-a, six-b, six-c,

six-d, six-e, six-f and paragraph c of subdivision fourteen of section

thirty-six hundred two of this article, and subdivisions ten and twelve

of this section, for the costs of EXCEL school facility projects. An

apportionment for any such project shall initially be available in the

state fiscal year commencing April first, two thousand six. Such

apportionment shall be used to fund projects certified by the

commissioner in accordance with subdivision six of section sixteen

hundred eighty-nine-i of the public authorities law prior to December

thirty-first, two thousand twenty-eight. Notwithstanding any provision

of law to the contrary, the dormitory authority of the state of New York

shall be authorized to issue bonds or notes in an aggregate amount not

to exceed two billion six hundred million dollars for purposes of the

EXCEL program.

b. Definitions. The following terms, whenever used or referred to in

this subdivision, unless the context indicates otherwise, shall have the

following meanings:

(1) "EXCEL project". An EXCEL project shall be certified by the

commissioner prior to December thirty-first, two thousand twenty-eight

and shall include, but not be limited to, the acquisition, design,

planning, construction, reconstruction, rehabilitation, preservation,

development, improvement or modernization of an EXCEL school facility,

where such project:

(i) is (a) for a school district other than the city school district

of the city of New York, a construction project that has been reviewed

by the department and approved by the commissioner pursuant to this

subdivision, where a certification that a general construction contract

had been awarded for such project by or on behalf of the district was

not on file with the commissioner as of April first, two thousand six or

(b) for the city school district of the city of New York, a project

which is listed and contained in the five year capital plan, which has

been approved and adopted by the city council pursuant to section

twenty-five hundred ninety-p of this chapter, for the two thousand five

through two thousand nine fiscal years, and provided that such project

must commence, as close as practicable, according to the schedule set

forth in the five year capital plan as amended and approved by the city

council as of July, two thousand five, and

(ii) falls within one or more of the following categories:

(a) An education technology project which, as a primary purpose,

enhances the use of technology including but not limited to,

instructional content with video streaming, electrical upgrades, wiring,

cabling installations, internet connections, fiber optics, conduits,

raceways, telecommunication systems, hardware, electronic commerce and

wireless options;

(b) A health and safety project which, as a primary purpose, addresses

the reduction or elimination of the risk of personal injury or harm to

occupants of public school buildings used primarily for instruction,

including but not limited to environmental remediation, the eradication

of fire and health code violations, the provisions of adequate

ventilation including heating, ventilation and air conditioning

equipment, and the rehabilitation and repair of existing facilities;

(c) An accessibility project which, as a primary purpose, enhances

accessibility to public school buildings used primarily for instruction

for individuals with disabilities;

(d) A physical capacity expansion project or school construction

project which, as a primary purpose, expands the availability of

adequate and appropriate instructional space in a public school building

used primarily for instruction, including but not limited to expansions

which provide for reduced class size and science laboratories; and

(e) An energy project which, as a primary purpose, reduces energy

costs and/or energy consumption.

(2) "EXCEL school facility". An EXCEL school facility shall mean an

existing or proposed facility or other property real and personal, and

other appurtenances thereto to be utilized by a school district for

education purposes.

(3) "Eligible project costs". Eligible project costs, for purposes of

the EXCEL program shall mean any expenditures for an EXCEL project,

where such project is eligible for an apportionment pursuant to

subdivisions six, six-a, six-b, six-f and/or paragraph c of subdivision

fourteen of section thirty-six hundred two of this article.

(4) "Eligible school district" means a school district eligible to

receive an apportionment in lieu of operating aid in the two thousand

six--two thousand seven school year, apportioned pursuant to section

thirty-six hundred two of this article, or eligible to receive an

apportionment of total foundation aid in the two thousand seven--two

thousand eight school year and thereafter, pursuant to such section

thirty-six hundred two of this article.

(5) "Maximum additional apportionment" means the sum of the following

amounts:

(i) For an eligible school district that is eligible for the high-need

supplemental building aid ratio pursuant to the provisions of clause (c)

of subparagraph two of paragraph c of subdivision six of section

thirty-six hundred two of this article, other than a city school

district in a city having a population of one million inhabitants or

more, an amount equal to the product of seven hundred seventy-eight

dollars and twenty-two cents ($778.22) multiplied by the public school

district enrollment of the district in the two thousand five--two

thousand six school year, as computed pursuant to subparagraph two of

paragraph n of subdivision one of section thirty-six hundred two of this

article as based on data on file for the school aid computer listing

produced by the commissioner in support of the enacted budget for the

two thousand six--two thousand seven school year and entitled "SA060-7".

(ii) For any other eligible school district, other than a city school

district in a city having a population of one million inhabitants or

more, an amount equal to the product of three hundred twenty dollars and

forty-six cents ($320.46) multiplied by the public school district

enrollment of the district in the two thousand five--two thousand six

school year, as computed pursuant to subparagraph two of paragraph n of

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

based on data on file for the school aid computer listing produced by

the commissioner of education in support of the enacted budget for the

two thousand six--two thousand seven school year and entitled "SA060-7".

(iii) For an eligible city school district in a city having a

population of one million inhabitants or more one billion eight hundred

million dollars.

c. EXCEL apportionment. (1) EXCEL apportionment for school

enhancement. Funds in an aggregate amount not to exceed eight hundred

million dollars shall be available for grants to eligible school

districts other than a city school district in a city having a

population of one million inhabitants or more. Each eligible school

district which has an EXCEL project or projects shall be entitled to a

grant or grants for such project or projects in an amount whether in the

aggregate or otherwise, not to exceed the maximum additional

apportionment calculated for such school district. The amount of such

maximum additional apportionment not expended, disbursed or encumbered

for any such year shall be carried over for expenditure and disbursement

to the next succeeding school year. Such maximum additional

apportionment may be used, at the option of the school district, in lieu

of, or to supplement, the apportionments available pursuant to

subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph

c of subdivision fourteen of section thirty-six hundred two of this

article, and subdivisions ten and twelve of this section, provided that

the total of such apportionments less any semiannual payments of

interest computed pursuant to subparagraph three of paragraph e of

subdivision six of section thirty-six hundred two of this article plus

the grant payable pursuant to this subdivision for the total project

costs of any EXCEL project shall not exceed such total project costs,

provided further that where the school district opts to use the EXCEL

apportionment provided pursuant to this subdivision to supplement the

apportionments payable for approved project costs pursuant to

subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph

c of subdivision fourteen of section thirty-six hundred two of this

article, and subdivisions ten and twelve of this section, such EXCEL

apportionment shall not otherwise reduce such apportionments. Except as

authorized in this paragraph, expenditures from the maximum additional

apportionment shall not be eligible for aid under any other provision of

this chapter.

(2) EXCEL apportionment for city facilities enhancement. Funds in an

aggregate amount not to exceed one billion eight hundred million dollars

shall be available for grants to a city school district in a city having

a population of one million inhabitants or more. Such school district

shall be entitled to a grant or grants for each EXCEL project or

projects in an amount whether in the aggregate or otherwise, not to

exceed the maximum additional apportionment calculated for such school

district. The amount of such maximum additional apportionment not

expended, disbursed or encumbered for any such year shall be carried

over for expenditure and disbursement to the next succeeding school

year. Such maximum additional apportionment may be used, at the option

of the school district, in lieu of, or to supplement, the apportionments

available pursuant to subdivisions six, six-a, six-b, six-c, six-d,

six-e, six-f and paragraph c of subdivision fourteen of section

thirty-six hundred two of this article, and subdivisions ten and twelve

of this section, provided that the total of such apportionments less any

semiannual payments of interest computed pursuant to subparagraph two of

paragraph e of subdivision six of section thirty-six hundred two of this

article plus the grant payable pursuant to this subdivision for the

total project costs of any EXCEL project shall not exceed such total

project costs, provided further that where the school district opts to

use the EXCEL apportionment provided pursuant to this subdivision to

supplement the apportionments payable for approved project costs

pursuant to subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f

and paragraph c of subdivision fourteen of section thirty-six hundred

two of this article, and subdivisions ten and twelve of this section,

such EXCEL apportionment shall not otherwise reduce such apportionments.

Except as authorized in this paragraph, expenditures from the maximum

additional apportionment shall not be eligible for aid under any other

provision of this chapter.

(3) The commissioner shall, upon application therefor in such form as

the commissioner may require, determine the amounts to be awarded as

grants to school districts as calculated pursuant to this subdivision.

The amounts determined pursuant to this subdivision shall be certified

by the commissioner in accordance with subdivision six of section

sixteen hundred eighty-nine-i of the public authorities law. Upon the

issuance of bonds by the dormitory authority of the state of New York

pursuant to such section sixteen hundred eighty-nine-i, the amounts of

money so certified shall be paid to school districts by the dormitory

authority from the proceeds of such bonds, provided, however, that the

payment schedule set forth in subdivision one of this section shall not

apply to such payments. Such payment shall fulfill any obligation of the

state or the commissioner to apportion funds pursuant to this

subdivision, and whenever a school district has been apportioned more

money pursuant to this subdivision than that to which it is entitled,

the commissioner may deduct such amount from the next apportionment to

be made to such school district.

* NB Repealed December 31, 2029

15. Annual professional performance reviews transition grants. a. For

the two thousand eleven--two thousand twelve school year and/or the two

thousand twelve--two thousand thirteen school year provided, if a school

district has submitted a plan pursuant to paragraph k of subdivision two

of section three thousand twelve-c of this chapter before June

thirtieth, two thousand twelve and the commissioner finds that such plan

does not meet the requirements of section three thousand twelve-c of

this chapter under paragraph k of subdivision two of section three

thousand twelve-c of this chapter, and that the cost of implementing the

locally-developed components of an approved plan pursuant to paragraph k

of subdivision two of section three thousand twelve-c of this chapter

are more costly than the plan that is originally submitted, the

commissioner is authorized to award annual professional performance

reviews transition grants to eligible school districts pursuant to this

subdivision.

b. Prior to the submission of the plan for approval under paragraph k

of subdivision two of section three thousand twelve-c of this chapter a

school district may submit for review to the commissioner prior to June

thirtieth, two thousand twelve locally developed components to meet the

requirements of section three thousand twelve-c of this chapter for the

two thousand eleven--two thousand twelve school year and/or the two

thousand twelve--two thousand thirteen school year. A school district

shall have the authority to submit locally developed components to the

commissioner only if successfully determined through collective

bargaining. The commissioner shall have the discretion and authority to

review such locally developed components and in such cases if the

commissioner determines that changes to the submitted locally developed

components are necessary to meet the requirements of section three

thousand twelve-c of this chapter and further the commissioner

determines such changes are more costly than the locally developed

components originally submitted under this paragraph, the commissioner

is authorized to award annual professional performance reviews

transition grants to eligible school districts pursuant to this

subdivision upon final approval of the plan under paragraph k of

subdivision two of section three thousand twelve-c of this chapter.

c. The school district may provide a schedule of such additional

expenses, if any, on a form prescribed by the commissioner, that were

necessarily incurred by the school district in order to implement the

specific requirements of the commissioner contained in the approved

plan. The commissioner shall have the discretion and authority to

approve or disapprove such expenses from such schedule for grants under

this subdivision. The commissioner may require supporting documentation

from the school district in order to determine whether or not such

additional expenses were valid, reasonable, and essential to

implementing the specific requirements of the commissioner and to

determine whether or not such claim, or any part of such claim, be

approved. The commissioner may also consider the manner in which the

components of the plan were developed and if such requirements were not

met as a result of a lack of good faith.

d. Approved additional expenses for annual professional performance

reviews transition grants pursuant to this subdivision for the two

thousand twelve--two thousand thirteen school year shall continue to be

eligible for reimbursement. Such approved expenses shall be eligible for

payment on or after September first following the end of the school year

in which such expenses were approved. In the event the appropriation for

purposes of this subdivision in any year is insufficient to pay all

approved claims pursuant to this subdivision, the commissioner shall pay

such claims on a prorated basis among all districts filing such claims

until the appropriation is exhausted. The commissioner shall promulgate

rules and regulations necessary to implement the provisions of this

subdivision within sixty days of the effective date of the chapter of

the laws of two thousand thirteen that amended this paragraph.

16. Implementation of the smart schools bond act of 2014. a.

Definitions. The following terms, whenever used or referred to in this

subdivision, unless the context indicates otherwise, shall have the

following meanings:

(1) "Bonds" shall mean general obligation bonds issued pursuant to the

"smart schools bond act of 2014" in accordance with article VII of the

New York state constitution and article five of the state finance law.

(2) "Smart schools investment plan" shall mean a document prepared by

a school district setting forth the smart schools project or projects to

be undertaken with such district's smart schools allocation.

(3) "Smart schools project" shall mean a capital project as set forth

and defined in subparagraphs four, five, six or seven of this paragraph.

(4) "Pre-kindergarten or transportable classroom unit (TCU)

replacement project" shall mean a capital project which, as a primary

purpose, expands the availability of adequate and appropriate

instructional space for pre-kindergarten or provides for the expansion

or construction of adequate and appropriate instructional space to

replace TCUs.

(5) "Community connectivity project" shall mean a capital project

which, as a primary purpose, expands high-speed broadband or wireless

internet connectivity in the local community, including school buildings

and campuses, for enhanced educational opportunity in the state.

(6) "Classroom technology project" shall mean a capital project to

expand high-speed broadband or wireless internet connectivity solely for

school buildings and campuses, or to acquire learning technology

hardware for schools, classrooms, and student use, including but not

limited to whiteboards, computer servers, desktop computers, laptop

computers, and tablet computers.

(7) "School safety and security technology project" shall mean a

capital project to install high-tech security features in school

buildings and on school campuses, including but not limited to video

surveillance, emergency notification systems and physical access

controls, for enhanced educational opportunity in the state.

(8) "Selected school aid" shall mean the sum of the amounts set forth

as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL

SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &

TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL

SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL",

"ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS

COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid

computer listing produced by the commissioner in support of the

executive budget proposal for the two thousand fourteen-fifteen school

year.

(9) "Smart schools allocation" shall mean, for each school district,

the product of (i) two billion dollars ($2,000,000,000) multiplied by

(ii) the quotient of such school district's selected school aid divided

by the total selected school aid to all school districts.

b. Smart schools investment plans. (1) Subject to the approval of the

director of the budget, the commissioner shall issue guidelines setting

forth required components and eligibility criteria for smart schools

investment plans to be submitted by school districts. Such guidelines

shall include but not be limited to: (i) a timeline for school district

submission of smart schools investment plans; (ii) any requirements for

the use of available state procurement options where applicable; (iii)

any limitations on the amount of a district's smart schools allocation

that may be used for assets with a short probable life; and (iv) the

loan of smart schools classroom technology pursuant to section seven

hundred fifty-five of this chapter.

(2) No school district shall be entitled to a smart schools grant

until such district shall have submitted a smart schools investment plan

to the department and received the commissioner's approval of such

investment plan. In developing such investment plan, school districts

shall consult with parents, teachers, students, community members and

other stakeholders.

(3) The commissioner shall review all smart schools investment plans

for compliance with all eligibility criteria and other requirements set

forth in the guidelines. The commissioner may approve or reject such

plans, or may return such plans to the school district for

modifications; provided that notwithstanding any inconsistent provision

of law, the commissioner shall approve no such plan first submitted to

the department on or after April fifteenth, two thousand seventeen,

unless such plan calculates the amount of classroom technology to be

loaned to students attending nonpublic schools pursuant to section seven

hundred fifty-five of this chapter in a manner that includes the amount

budgeted by the school district for servers, wireless access points and

other portable connectivity devices to be acquired as part of a school

connectivity project. Upon approval, the smart schools project or

projects described in the investment plan shall be eligible for smart

schools grants. A smart schools project included in a school district's

smart schools investment plan shall not require separate approval of the

commissioner unless it is part of a school construction project required

to be submitted for approval of the commissioner pursuant to section

four hundred eight of this chapter and/or subdivision six of section

thirty-six hundred two of this article. Any department, agency or public

authority shall provide the department with any information it requires

to fulfill its duties pursuant to this subdivision.

(4) Any amendments or supplements to a smart schools investment plan

shall be submitted to the department for approval, and shall not take

effect until such approval is granted.

c. Expenditure of money. (1) Smart schools grants. Each school

district which has an approved smart schools investment plan including a

smart schools project or projects shall be entitled to a grant or grants

for the smart schools project or projects included therein in an amount,

whether in the aggregate or otherwise, not to exceed the smart schools

allocation calculated for such school district. The amount of such

allocation not expended, disbursed or encumbered for any school year

shall be carried over for expenditure and disbursement to the next

succeeding school year. Expenditures from the smart schools allocation

shall not be eligible for aid under any other provision of this chapter.

(2) The amounts determined pursuant to this subdivision to be paid to

school districts shall be certified by the commissioner in accordance

with this subdivision. If, upon the option of a school district, a smart

schools investment plan directs that an amount be transferred or

suballocated to a department, agency, or public authority to be spent on

behalf of the school district, such amounts shall be transferred or

suballocated, consistent with such plan, upon the approval of the

director of the budget. The amounts of money so certified or made

available shall be paid by the comptroller in accordance with

appropriations therefor, provided, however, that the payment schedule

set forth in subdivision one of this section shall not apply to such

payments. Such payment shall fulfill any obligation of the state or the

commissioner to apportion funds pursuant to this subdivision, and

whenever a school district has been apportioned more money pursuant to

this subdivision than that to which it is entitled, the commissioner may

deduct such amount from the next apportionment to be made to such school

district.

d. Consistency with federal tax law. All actions taken pursuant to

this subdivision shall be reviewed for consistency with provisions of

the federal internal revenue code and regulations thereunder, in

accordance with procedures established in connection with the issuance

of any tax exempt bonds pursuant to this subdivision, to preserve the

tax exempt status of such bonds.

e. Compliance with other law. Every recipient of funds to be made

available pursuant to this subdivision shall comply with all applicable

state, federal and local laws.

17. Learning loss grants. a. For the two thousand twenty-one--two

thousand twenty-two school year, eligible school districts shall receive

grants in aid equal to the positive difference, if any, of the base ARPA

allocation less ninety percent of the funds from the elementary and

secondary school emergency relief fund made available to school

districts pursuant to the American rescue plan act of 2021, (P.L.

117-2), but not less than seven hundred thousand dollars ($700,000), and

not more than ten million dollars ($10,000,000) or ten percent (0.1) of

the total expenditures from the district's general fund for the two

thousand twenty--two thousand twenty-one school year, whichever is less.

School districts where the base ARPA allocation is less than or equal to

ninety percent of the funds from the elementary and secondary school

emergency relief fund made available to school districts pursuant to the

American rescue plan act of 2021, shall not be eligible for these

grants. Such grant funds shall remain available for obligation by such

school districts until the deadline therefor prescribed in federal law.

b. The "base ARPA allocation" shall be equal to the product of the

adjusted per pupil amount multiplied by public school district

enrollment for the base year as computed pursuant to paragraph n of

subdivision one of section thirty-six hundred two of this article. The

"adjusted per pupil amount" shall be equal to the product of: (1) four

thousand five hundred fifty dollars and twenty-six cents ($4,550.26);

multiplied by (2) the regional cost index calculated in two thousand

eighteen, reflecting an analysis of labor market costs based on median

salaries in professional occupations that require similar credentials to

those of positions in the education field, but not including those

occupations in the education field; multiplied by (3) the modified EN

index; and multiplied by (4) the learning loss wealth factor.

(1) For purposes of this paragraph, the "learning loss wealth factor"

shall be equal to the positive difference, if any, of seventy-five

hundredths (0.75) less half of the combined wealth ratio computed

pursuant to subparagraph one of paragraph c of subdivision three of

section thirty-six hundred two of this article.

(2) For purposes of this paragraph, the "modified EN index" shall be

equal to the modified EN percent divided by the statewide average

modified EN percent, provided that for the two thousand twenty-one--two

thousand twenty-two school year, the statewide average modified EN

percent shall be equal to five thousand five hundred sixty-five

ten-thousandths (0.5565).

(3) For purposes of this paragraph, the "modified EN percent" shall be

equal to the modified EN count divided by public school district

enrollment for the base year computed pursuant to paragraph n of

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

(4) For purposes of this paragraph, the "modified EN count" shall

equal the sum of (A) the product of fifty percent (0.5) multiplied by

the English language learner count computed pursuant to paragraph o of

subdivision one of section thirty-six hundred two of this article, plus

(B) the sparsity count computed pursuant to paragraph r of subdivision

one of section thirty-six hundred two of this article, plus (C) the

product of sixty-five hundredths (0.65) multiplied by the three-year

average small area income and poverty estimate rate computed pursuant to

paragraph mm of subdivision one of section thirty-six hundred two of

this article and multiplied further by public school district enrollment

for the base year as computed pursuant to paragraph n of subdivision one

of section thirty-six hundred two of this article, plus (D) the product

of sixty-five hundredths (0.65) multiplied by the three-year average

economically disadvantaged rate defined pursuant to paragraph ll of

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

multiplied further by public school district enrollment for the base

year as computed pursuant to paragraph n of subdivision one of section

thirty-six hundred two of this article.

c. Districts receiving learning loss grants shall use: (1) fourteen

and two hundred eighty-six thousandths percent (0.14286) of such grants

for implementation of evidence-based summer enrichment programs; (2)

fourteen and two hundred eighty-six thousandths percent (0.14286) for

implementation of evidence-based comprehensive afterschool programs; and

(3) the remaining funds for activities to address learning loss by

supporting the implementation of evidence-based interventions, such as

summer learning or summer enrichment, extended day, comprehensive

afterschool programs, or extended school year programs. School districts

shall ensure that such interventions respond to students' academic,

social, and emotional needs and address the disproportionate impact of

the coronavirus on low-income students, children with disabilities,

English learners, migrant students, students experiencing homelessness,

and children in foster care.