STATE OF NEW YORK ________________________________________________________________________ 3589 2025-2026 Regular Sessions IN SENATE January 28, 2025 ___________ Introduced by Sens. JACKSON, COMRIE, HELMING, MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to updating the census numbers used to calculate certain education funding The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "education 2 funding census update act". 3 § 2. Subparagraphs (ii), (iii) and (iv) of paragraph q of subdivision 4 1 of section 3602 of the education law, as amended by section 16 of part 5 YYY of chapter 59 of the laws of 2017, are amended to read as follows: 6 (ii) "Census count" shall mean the product of the public school 7 enrollment of the school district on the date enrollment was counted in 8 accordance with this subdivision for the base year multiplied by the 9 census [2000] poverty rate. 10 (iii) "Census [2000] poverty rate" shall mean the quotient of the 11 number of persons aged five to seventeen within the school district, 12 based on the most recent federal decennial census conducted [in the year 13 two thousand] as tabulated by the National Center on Education Statis- 14 tics, who were enrolled in public schools and whose families had incomes 15 below the poverty level, divided by the total number of persons aged 16 five to seventeen within the school district, based on such decennial 17 census, who were enrolled in public schools, computed to four decimals 18 without rounding. 19 (iv) "Selected poverty rate" shall mean: (A) for school districts with 20 high concentrations of nonpublic students, the greater of the census 21 [2000] poverty rate or the three-year average small area income and 22 poverty estimate poverty rate; and (B) for all other school districts, 23 the three-year average small area income and poverty estimate poverty 24 rate. For the purposes of this subparagraph, "three-year average small EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01193-01-5
S. 3589 2 1 area income and poverty estimate poverty rate" shall equal the quotient 2 of (1) the sum of the number of persons aged five to seventeen within 3 the school district, based on the small area income and poverty esti- 4 mates produced by the United States census bureau, whose families had 5 incomes below the poverty level for the year two years prior to the year 6 in which the base year began, plus such number for the year three years 7 prior to the year in which the base year began, plus such number for the 8 year four years prior to the year in which the base year began, divided 9 by (2) the sum of the total number of persons aged five to seventeen 10 within the school district, based on such census bureau estimates, for 11 the year two years prior to the year in which the base year began, plus 12 such total number for the year three years prior to the year in which 13 the base year began, plus such total number for the year four years 14 prior to the year in which the base year began, computed to four deci- 15 mals without rounding. 16 § 3. Clause 1 of subparagraph (G) of paragraph b of subdivision 17 of 17 section 3602 of the education law, as added by section 37 of part A of 18 chapter 58 of the laws of 2011, is amended to read as follows: 19 (1) in the case of a district determined to be a high-need school 20 district pursuant to clause (c) of subparagraph two of paragraph c of 21 subdivision six of this section for the school aid computer listing 22 produced by the commissioner in support of the enacted budget for the 23 two thousand seven--two thousand eight school year and entitled 24 "SA0708", 25 (a) in the case of a city school district in a city with a population 26 in excess of one million inhabitants, four and five hundred thirty-seven 27 thousandths percent (0.04537), 28 (b) in the case of a city school district in a city with a population 29 of more than two hundred fifty thousand inhabitants and less than one 30 million inhabitants according to the [two thousand] most recent federal 31 census, four and one-tenth percent (0.041), 32 (c) in the case of a city school district in a city with a population 33 of more than two hundred ten thousand inhabitants and less than two 34 hundred fifty thousand inhabitants according to the [two thousand] most 35 recent federal census, four and thirteen hundredths percent (0.0413), 36 (d) in the case of a city school district in a city with a population 37 of more than one hundred seventy thousand inhabitants and less than two 38 hundred ten thousand inhabitants according to the [two thousand] most 39 recent federal census, five and ninety-seven hundredths percent 40 (0.0597), 41 (e) in the case of a city school district in a city with a population 42 of more than one hundred thousand inhabitants and less than one hundred 43 seventy thousand inhabitants according to the [two thousand] most recent 44 federal census, five and fifty-three hundredths percent (0.0553), 45 (f) in the case of any other such school district which has a three- 46 year average free and reduced price lunch percent greater than seventy- 47 five percent (0.75) and which has an administrative efficiency ratio 48 less than one and fifty-five hundredths percent (0.0155), four and nine 49 hundredths percent (0.0409), and 50 (g) for all other such school districts, six and eight-tenths percent 51 (0.068), or 52 § 4. This act shall take effect on the first of April next succeeding 53 the date on which it shall have become a law.