Provides for the temporary emergency educational assistance to school districts which lack the fiscal resources necessary to provide a sound basic education

Summary of specific provisions

The education law would be amended by establishing a temporary emergency educational fund to enable under funded school districts to provide a sound basic education to students.

Money from the fund shall be used by school districts only for specifically enumerated purposes such as acquiring textbooks, school library books, classroom supplies and equipment, laboratory equipment, computers and related hardware and software.

Moneys from the fund shall be apportioned through a competitive process that takes into account the severity of the shortage of a school's educational resources. In allocating funds, a school district shall give priority in the following order: (1) first, to a school under registration review; (2) second, to any school performing significantly below state standards as defined by the commissioner; and (3) third, to any school that is determined by the commissioner to need emergency funding to address a severe lack of educational resources. However, not more than 60% of the funds allocated pursuant to this act shall go to anyone school district.

State funds provided pursuant to this act shall not supplant local funds for any similar purpose. Instead, school districts receiving funds under this section are required to maintain their local effort in funding programs that fall within the purview of this act.

To apply for emergency assistance funds, a school district must file an application with the State Education Commissioner. Such application must detail how the district plans to use the funds requested, how such expenditures are consistent with the purposes of this act, and include an accountability system which explains how the district will monitor the funds to ensure that they are being used in a manner that will improve student academic achievement. This act shall expire when a judicial resolution of the campaign for Fiscal Equity v. New York State lawsuit is reached and a funding system which enables every district to provide a sound basic education is established and fully implemented.

Effects of present law which this bill would alter

The education law is amended by adding a new article 73-A. The state finance law is amended by adding a new section 91-h.

Justification

Decades of experience have shown that the state's current school funding system has consistently under funded hundreds of public schools across the state. Currently the state is involved in a school finance lawsuit in which the constitutionality, sufficiency and social impact of the state's school funding system are at issue. Unfortunately, it could take years before the case is ultimately resolved.

Meanwhile, time marches on and millions of schoolchildren continue to attend public schools which lack the resources needed to prepare them for productive citizenship in the 21st century. These children, caught between legal and political crossfire, are being denied the monetary, educational, psychological and social resources they desperately need, and as a result are being exposed to irreparable harm.

This act addresses the need to protect students from the potentially irreparable harm they are exposed to due to a severe lack of educational resources in public schools. Accordingly, this act seeks to provide emergency funding for critical educational resources to benefit the millions of children who cannot wait until protracted legal disputes are resolved before receiving the tools they need in order to meet resource-driven academic standards.

Prior legislative history

2009-10: S.4152 - Referred to Education 2007-08: S.4050 - Referred to Education 2005-06: S.1702 - Referred to Education 2003-04: S.1666 - Referred to Education

Fiscal implications for state and local governments

To be determined.

Effective date

This act shall take effect immediately.