3604 - Conditions under which districts are entitled to apportionment.

§   3604.   Conditions   under   which   districts   are  entitled  to  apportionment.  Apportionment of state funds shall be  made  subject  to  the following conditions:    4.  The  apportionments provided for in section thirty-six hundred two  of this chapter are for the purpose of aiding school districts in paying  the salaries of teachers and the cost of  school  maintenance,  and  the  sums  so  apportioned to such school districts shall be applied for such  purposes and such sums shall not in any  case  be  placed  in  the  city  treasury  of any city to the credit of the general fund of such city for  the reduction of taxation therein, notwithstanding any provision to  the  contrary contained in the charter of such city or in any act relating to  such city or in any general, special or local law.    5.   a.  State  aid  adjustments.  All  errors  or  omissions  in  the  apportionment shall be corrected by the commissioner. Whenever a  school  district  has  been  apportioned  less  money  than  that to which it is  entitled, the commissioner may allot to such  district  the  balance  to  which  it  is  entitled. Whenever a school district has been apportioned  more money than that to which it is entitled, the commissioner  may,  by  an order, direct such moneys to be paid back to the state to be credited  to  the  general  fund  local  assistance  account  for state aid to the  schools, or may deduct such amount from the  next  apportionment  to  be  made  to  said  district,  provided, however, that, upon notification of  excess payments of aid for which a recovery must be made  by  the  state  through  deduction of future aid payments, a school district may request  that such excess payments be recovered by deducting such excess payments  from the payments due to such school district and payable in  the  month  of  June  in (i) the school year in which such notification was received  and (ii) the two succeeding school years, provided  further  that  there  shall be no interest penalty assessed against such district or collected  by  the  state.  Such  request shall be made to the commissioner in such  form as  the  commissioner  shall  prescribe,  and  shall  be  based  on  documentation  that the total amount to be recovered is in excess of one  percent of the  district's  total  general  fund  expenditures  for  the  preceding school year. The amount to be deducted in the first year shall  be the greater of (i) the sum of the amount of such excess payments that  is  recognized  as  a liability due to other governments by the district  for the  preceding  school  year  and  the  positive  remainder  of  the  district's  unreserved fund balance at the close of the preceding school  year less the product of the district's total general fund  expenditures  for  the  preceding  school  year  multiplied  by  five percent, or (ii)  one-third of such excess payments. The amount to  be  recovered  in  the  second  year  shall  equal  the  lesser  of the remaining amount of such  excess payments to be recovered or one-third of  such  excess  payments,  and  the  remaining amount of such excess payments shall be recovered in  the  third  year.  Provided  further  that,  notwithstanding  any  other  provisions  of  this  subdivision,  any pending payment of moneys due to  such district as a prior year adjustment payable pursuant to paragraph c  of this subdivision for aid claims that  had  been  previously  paid  as  current  year aid payments in excess of the amount to which the district  is entitled and for which recovery of excess  payments  is  to  be  made  pursuant  to  this  paragraph,  shall  be  reduced at the time of actual  payment by any remaining unrecovered balance of  such  excess  payments,  and  the remaining scheduled deductions of such excess payments pursuant  to this paragraph shall be reduced by the commissioner  to  reflect  the  amount  so  recovered.  The  commissioner  shall certify no payment to a  school district based on a claim submitted later than three years  after  the close of the school year in which such payment was first to be made.  For claims for which payment is first to be made in the nineteen hundredninety-six--ninety-seven  school year, the commissioner shall certify no  payment to a school district based on a claim submitted later  than  two  years  after the close of such school year. For claims for which payment  is  first  to be made in the nineteen hundred ninety-seven--ninety-eight  school year and thereafter, the commissioner shall certify no payment to  a school district based on a claim submitted later than one  year  after  the  close  of such school year. Provided, however, no payments shall be  barred or reduced where such payment is required as a result of a  final  audit  of  the state. It is further provided that, until June thirtieth,  nineteen hundred ninety-six, the commissioner may grant  a  waiver  from  the  provisions  of this section for any school district if it is in the  best educational  interests  of  the  district  pursuant  to  guidelines  developed  by  the  commissioner  and  approved  by  the director of the  budget.    b. Claims resulting from court orders or judgments. Any payment  which  would  be  due  as  the result of a court order or judgment shall not be  barred,  provided  that,  commencing  January  first,  nineteen  hundred  ninety-six,  such  court  order  or judgment and any other data required  shall be filed with the comptroller within one year from the date of the  court order or judgment, and  provided  further  that  the  commissioner  shall certify no payment to a school district for a specific school year  that is based on a claim that results from a court order or judgement so  filed  with  the  comptroller  unless  the total value of such claim, as  determined by the commissioner, is  greater  than  one  percent  of  the  school  district's  total  revenues  from  state  sources  as previously  recorded in the general fund and reported  to  the  comptroller  in  the  annual financial report of the school district for such school year.    c.  Payment  of moneys due for prior years. State aid payments due for  prior years in accordance with the provisions of this subdivision  shall  be  paid  within  the  limit  of  the  appropriation designated therefor  provided, however, that each eligible claim  shall  be  payable  in  the  order  that it has been approved for payment by the commissioner, but in  no case shall a single claim draw down more than forty  percent  of  the  appropriation so designated for a single year, and provided further that  no  claim  shall  be  set  aside  for  insufficiency  of funds to make a  complete payment, but shall be eligible for a  partial  payment  in  one  year  and  shall  retain  its  priority  date  status for appropriations  designated for such purposes in future years.    6. The commissioner of education may also in his discretion excuse the  default of a trustee or a board of education in employing a teacher  not  legally qualified, legalize the time so taught and authorize the payment  of the salary of such teacher.    7.  No district shall be entitled to any portion of such school moneys  on such apportionment unless the report of  the  trustees  or  board  of  education  for  the  preceding  school  year  shall show that the public  schools were actually in  session  in  the  district  and  taught  by  a  qualified  teacher  or  by successive qualified teachers or by qualified  teachers for not less than one hundred eighty days. The  moneys  payable  to  a  school  district pursuant to section thirty-six hundred nine-a of  this chapter in the current year shall be  reduced  by  one  one-hundred  eightieth  of the district's total foundation aid for each day less than  one hundred eighty days that the schools of the district  were  actually  in  session,  except that the commissioner may disregard such reduction,  up to five days, in the apportionment of public money, if he finds  that  the  schools  of the district were not in session for one hundred eighty  days because of extraordinarily adverse weather  conditions,  impairment  of  heating facilities, insufficiency of water supply, shortage of fuel,  lack  of  electricity,  natural  gas  leakage,  unacceptable  levels  ofchemical  substances,  or the destruction of a school building either in  whole or in part, and if, further,  the  commissioner  finds  that  such  district  cannot  make  up  such  days  of  instruction by using for the  secondary  grades  all  scheduled vacation days which occur prior to the  first scheduled regents examination day in June, and for the  elementary  grades  all  scheduled  vacation  days  which  occur  prior  to the last  scheduled regents examination day in June.  For  the  purposes  of  this  subdivision,  "scheduled  vacation  days"  shall  mean days on which the  schools of the district are not in session and for which no  prohibition  exists in subdivision eight of this section for them to be in session.    8.  No  school  shall  be in session on a Saturday or a legal holiday,  except  general  election  day,  Washington's  birthday  and   Lincoln's  birthday, and except that driver education classes may be conducted on a  Saturday.  A  deficiency not exceeding three days during any school year  caused by teachers' attendance upon conferences held by  superintendents  of  schools of city school districts or other school districts employing  superintendents  of  schools  shall  be  excused  by  the  commissioner,  provided  however,  notwithstanding  any  other  provision  of law, that  during the nineteen hundred  ninety-two--ninety-three  through  the  two  thousand  two--two  thousand  three  school  years  and  thereafter, the  commissioner shall excuse a deficiency not exceeding  four  days  during  such school year caused by teachers' attendance upon conferences held by  such  superintendents,  provided  that at least two such conference days  during such school year shall be  dedicated  to  staff  attendance  upon  conferences  providing  staff  development relating to implementation of  the new high learning standards and assessments, as adopted by the board  of  regents.  Notwithstanding  any  other  provision  of  law,  rule  or  regulation  to  the  contrary,  school districts may elect to use one or  more of such allowable conference days in units of  not  less  than  one  hour   each   to   provide  staff  development  activities  relating  to  implementation of the new high learning  standards  and  assessments.  A  district  making such election may provide such staff development during  the regularly scheduled daily session and apply such units to satisfy  a  deficiency  in  the  length of one or more daily sessions of instruction  for  pupils  as  specified  in  regulations  of  the  commissioner.  The  commissioner  shall assure that such conference days include appropriate  school violence prevention and intervention training,  and  may  require  that up to one such conference day be dedicated for such purpose.    8-b.  Notwithstanding  the  provisions  of  subdivision  eight of this  section, a trustee or board of trustees or a board  of  education  of  a  school   district  having  fewer  than  six  hundred  pupils  in  grades  kindergarten through twelve may provide for classes to be  held  on  any  day  of  the  week  in  connection  with  educational  programs  for the  disadvantaged operated under the elementary and secondary education act;  provided, however, no pupils or teachers shall  be  required  to  attend  such  classes if they observe any such day as a Sabbath or a holy day in  accordance with the requirements of their religion.    9. Whenever it shall appear  that  any  school  district  has  had  an  average  daily  attendance  of  five  or  less  during  the  three years  immediately preceding the first of July, if such district  continues  to  maintain  a  school the succeeding year, it shall be entitled to receive  for such year an amount equivalent to the average  daily  attendance  of  pupils  in such district divided by fifteen and multiplied by the amount  it would be entitled to receive under the provisions  of  this  chapter.  Provided,  however,  whenever the commissioner of education is satisfied  that the closing of the school in any district is impracticable or  that  the cost to such district of contracting for the education of its pupils  would  exceed  the cost involved in maintaining a school in the districtand such district maintains a school, he may apportion to such  district  the total amount of state aid to which it is entitled.    10.  No  school  district  shall  be  eligible  to  receive  the  full  apportionment  of  state  aid  to  which  it  is  entitled  under  other  provisions  of  this  chapter  unless the trustees or board of education  comply with the requirements of article eighty-nine of this chapter.  If  the  trustees  or board of education of a school district fail to comply  with such requirements or reduce the programs provided thereunder  below  the  corresponding  programs  provided during the school year commencing  July first,  nineteen  hundred  sixty-one,  except  as  a  result  of  a  reduction  in  the  number  of  pupils  affected,  the  commissioner  of  education shall withhold from the full apportionment of such  state  aid  an  amount equal to the difference between (i) the expenditures which he  estimates the district would have had to make or incur during the school  year upon which such apportionments are based if the district had  fully  complied  with  such requirements or if the district had maintained such  programs, and (ii) the expenditures actually made  or  incurred  by  the  district for such programs during the same school year.    11. Notwithstanding any other provision of law, the commissioner shall  withhold  the general fund apportionment due to any school district when  such school district fails to submit by the date  specified  in  section  thirty-six  hundred  one  of  this  part  the  reports  required  by the  commissioner to calculate  such  apportionments,  until  the  time  such  reports have been submitted in proper fashion.    12.  All  the  acts  done  and proceedings heretofore had and taken or  caused to be had and taken by the  Center  Moriches  Union  Free  School  district  and by all its officers or agents relating to or in connection  with certain transportation contractual obligations for regular  student  transportation  of the nineteen hundred ninety-nine--two thousand school  year, which was part of the two thousand--two  thousand  one  state  aid  claim  submitted  to  the department by such school district, are hereby  legalized,  validated,  ratified  and  confirmed,  notwithstanding   any  failure  to  comply  with  the  approval  and  filing provisions of this  chapter or any other law or  any  other  statutory  authority,  rule  or  regulation, other than those filing provisions defined in paragraph a of  subdivision  five  of  this section, in relation to any omission, error,  defect, irregularity or illegality in such proceeding had and taken. For  the purpose of those filing provisions defined in such  paragraph  a  of  subdivision  five  of this section, the district shall be deemed to have  filed such  contract  within  one  year  after  the  close  of  the  two  thousand--two thousand one school year, and aid due and payable for such  filing  shall be deemed to be state aid payments due for prior years and  shall be paid pursuant to  paragraph  c  of  subdivision  five  of  this  section.