regarded as of current interest, has a paid circulation and has been entered at United States post-office as second-class matter. A publication which is distributed or made available primarily for advertising purposes to the public generally without consideration being paid therefor shall not be deemed to be a "newspaper" for the purpose of publication or advertisement of such notice required by iaw.

b. The terms "daily newspaper" and "newspaper published each business day" in a statute, contract, or any public or private instrument, mean, respectively, a newspaper customarily published on each business day of the year, whether or not such newspaper is published on any other day. The term "business day" when used herein does not include Saturdays, Sundays or legal holidays.

§ 2. This act shall take effect immediately.

CHAPTER 587*

AN ACT to amend the education law, in relation to state aid generally and certain exclusions for certain school districts and repealing section seven hundred three of the education law relating to voting on the distribution of text books

Became a law June 11, 1973, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision eleven of section thirty-six hundred two of the education law, as last amended by chapter five hundred fifty-three of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

11. Temporary apportionment for categorical urban aid. Notwithstanding the provisions of this section or any other section of the education law, any urban school district having a heavy concentration of pupils with special educational needs associated with poverty shall be entitled to an additional apportionment of money for the support of public schools during the school year commencing July first, nineteen hundred [seventy-two] seventythree computed as herein prescribed, payable in accordance with a schedule of apportionment determined by the commissioner of education, with the approval of the director of the budget.

a. An "urban school district" shall be deemed to be one having a weighted average daily attendance as determined pursuant to section thirty-six hundred two of the education law of at least four thousand five hundred for the school year ending June thirtieth, nineteen hundred sixty-eight.

NOTE.-Section 703 of the Education Law proposed to be repealed by this act relates to the authority of the qualified voters of a school district to vote a tax for the purchase of textbooks used by pupils in grades one to six.

b. A "heavy concentration of pupils having special educational needs associated with poverty" shall mean a number equal to or exceeding eleven hundred when such weighted average daily attendance of such school district is multiplied by the percentage carried to one decimal place without rounding, of sixth grade pupils in the district scoring below level four on the reading test for New York state elementary schools administered in October, nineteen hundred sixty-seven as determined by the commissioner, provided that the count of school-age children in families having school-age children and receiving grants under the aid for dependent children programs and residing in such district as determined by the commissioner for the school year ending June thirtieth, nineteen hundred sixty-eight equals or exceeds five per centum of such weighted average daily attendance.

c. The total amount to be apportioned during such school year shall be forty-seven million dollars. The amount to be apportioned to any such school district shall be computed as follows:

(1) one thousand shall be deducted from its number of pupils with special educational needs associated with poverty as determined in paragraph b of this subdivision,

(2) the excess over one thousand for every such district shall be added to obtain the "total excess",

(3) the excess over one thousand in each such district shall be divided by the "total excess" to determine its "apportionment percentage",

(4) its apportionment percentage shall determine its share of the amount to be apportioned for locally administered programs for pupils with special educational needs associated with poverty; provided, however, that there shall be deducted from its apportionment any apportionment payable to such district under section nineteen hundred fifty-eight of the education law for the support of such programs for such pupils during the school year commencing July first, nineteen hundred [seventy-two] seventy-three.

d. The amount apportioned to any school district shall be used for locally administered programs including reading, mathematics, bi-lingual education and such other programs as may be deemed necessary by such school districts for pupils with the special educational needs associated with poverty in accordance with regulations promulgated by the commissioner.

e. On or before [December fifteenth, nineteen hundred seventytwo and] February first, nineteen hundred seventy-three and nineteen hundred seventy-four, the commissioner shall report to the legislature on the manner in which the funds provided under this subdivision were spent, including but not limited to the names of the school districts which received funds and the amount, the disposition of funds to other agencies or by the department, the programs which were financed from the funds, and an evaluation of such programs and their relationship to programs funded with

moneys provided by the federal government under the provisions of the Elementary and Secondary [Eduction] Education Act of nineteen hundred sixty-five and programs funded with moneys provided by special aid programs of the state of New York, and the extent to which such programs have been incorporated into the regular school curriculum and recommendations for future action. An amount equal to two per centum of the total appropriation for categorical urban aid shall be made available to the department of education from such total appropriation for the evaluation of such program and for the development and implementation of a comprehensive student evaluation program for elementary and secondary education.

f. Any apportionment in accordance with the provisions of this subdivision shall be deducted in determining approved operating expenses of the district for the purpose of computation of any apportionment pursuant to subdivision five of this section.

g. Notwithstanding any other provision of this subdivision or of paragraph c of subdivision twelve of section thirty-six hundred two of the education law, any school district shall be eligible for an apportionment of ninety thousand dollars under this subdivision if (1) the district had a weighted average daily attendance as determined pursuant to section thirty-six hundred two of the education law of no less than two thousand and no more than four thousand five hundred for the school year ending June thirtieth, nineteen hundred sixty-eight, and (2) a combined percentage of at least fifty is obtained when (a) the percentage, carried to one decimal place without rounding, of sixth grade pupils in the district scoring below level four on the reading test for New York state elementary schools administered in October, nineteen hundred sixty-seven as determined by the commissioner, is added to (b) the percentage, carried to one decimal place without rounding, which represents the ratio of (i) the count of school-age children in families having school-age children and receiving grants under the aid for dependent children programs and residing in such district as determined by the commissioner for the school year ending June thirtieth, nineteen hundred sixty-eight, to (ii) the weighted average daily attendance of such district as determined pursuant to section thirty-six hundred two of the education law for the school year ending June thirtieth, nineteen hundred sixty-eight; provided, however, that in any such district having such a weighted average daily attendance of less than three thousand five hundred, a combined percentage of at least one hundred is obtained when computed in the same manner as stated above.

§ 2. Subdivision twelve of section thirty-six hundred two of such law, as last amended by chapter five hundred fifty-three of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

12. Temporary apportionment for school districts with high tax rates. Notwithstanding the provisions of this section, during the school year commencing July first, nineteen hundred [seventy

two seventy-three, in addition to any other apportionments payable as provided in section thirty-six hundred nine under the provisions of this section, there shall be apportioned to any school district eligible under this subdivision an additional apportionment in accordance with the provisions of this subdivision.

a. As used in this subdivision, unless otherwise expressly stated or unless the context otherwise requires:

(1) "Actual valuation" means the valuation obtained when the assessment roll used for the levy of school taxes in the school year nineteen hundred [seventy-one-seventy-two] seventy-two-seventythree is divided by the final state equalization rate established for such roll or by the final nineteen hundred [seventy] seventy-one state equalization rate whichever results in a greater apportionment. The actual valuation of a central high school district shall be the sum of such valuations of its component districts.

(2) a. "Local tax rate" means the total real property tax levy of the districts for the school year nineteen hundred [seventy-oneseventy-two] seventy-two-seventy-three added to all revenues from non-property taxes for the school year nineteen hundred [seventyone-seventy-two] seventy-two-seventy-three, levied for school purposes exclusive of library purposes, divided by the actual valuation as defined in this paragraph. The local tax rate shall be carried to five decimal places without rounding.

b. "Local adjusted tax rate" means the total real property tax levy of the districts for the school year nineteen hundred seventytwo-seventy-three added to all revenues from non-property taxes for the school year nineteen hundred seventy-two-seventy-three, levied for school purposes exclusive of library purposes, and subtracting therefrom any balance remaining in the general fund of the district or such other amount as approved by the commissioner at the end of the school year nineteen hundred seventy-two-seventythree, divided by the actual valuation as defined in this paragraph. The local adjusted tax rate shall be carried to five decimal places without rounding.

(3) "Actual valuation per pupil" means actual valuation divided by the weighted average daily attendance for the district for the school year ending June thirtieth, nineteen hundred [seventy-two] seventy-three as defined in subdivision two of this section.

(4) An "eligible school district" shall be one with a local adjusted tax rate of at least twenty-four dollars per thousand and one with a weighted average daily attendance of at least two thousand for the school year ending June thirtieth, nineteen hundred [seventy-two] seventy-three.

(b)

Such additional apportionment shall be computed as follows: (1) The product of the actual valuation per pupil multiplied by two one thousandths (.002) shall be subtracted from sixty dollars, counting negative remainders as zero.

* So in original.

(2) Such remainder, if any, shall be multiplied by the excess of the local adjusted tax rate over twenty-four not to exceed [seven] twelve dollars multiplied by [thirty-five] fifty hundredths [(.35)] (.50);

(3) The sum of (1) and (2), shall be multiplied by the weighted average daily attendance as defined in paragraph a.

c. No school district shall be eligible for such additional apportionment and an additional apportionment under subdivision eleven of this section; provided, however, that any such district may elect to receive whichever of the two is the larger.

d. Any district, otherwise eligible, but prevented from receiving an apportionment under the foregoing provisions of this subdivision because it had a weighted average daily attendance of less than two thousand for the school year ending June thirtieth, nineteen hundred [seventy-two] seventy-three, shall receive an apportionment equal to that apportionment it would receive under paragraphs a through c of this subdivision, as if such district were eligible for such aid, multiplied by the proportion such district's weighted average daily attendance for the school year ending June thirtieth, nineteen hundred [seventy-two] seventy-three bears to two thousand.

e. For the school year commencing July first, nineteen hundred [seventy-two] seventy-three, any school district which during the nineteen hundred [seventy-one-seventy-two] seventy-two-seventythree school year received an additional apportionment pursuant to [sections nine or ten] section two of chapter [seven hundred fiftyfour] five hundred fifty-three of the laws of nineteen hundred [seventy-one] seventy-two, shall be entitled to receive the higher of that same additional apportionment, exclusive of any supplemental claims for prior years, or the apportionment as computed under the provisions of subdivision twelve of section thirty-six hundred two of the education law. No school district shall be eligible for such additional apportionment and an additional apportionment under subdivision eleven of section thirty-six hundred two of the education law; provided, however, that any such district may elect to receive whichever of the two is the larger.

f. Notwithstanding the provisions of paragraph e of this subdivision, the amount of assistance provided shall be equal to an amount pursuant to paragraph e multiplied by the proportion that the "local adjusted tax rate" bears to the "local tax rate".

[f.] g. Notwithstanding the provisions of clause nine of paragraph a of subdivision five of this section, the additional apportionment payable under the provisions of this subdivision shall not be excluded in determining the nineteen hundred [seventy-twoseventy-three] seventy-three-seventy-four operating expenses of the district to which such apportionment is paid.

§ 3. Subdivision thirteen of section thirty-six hundred two of such law, as amended by chapter five hundred fifty-three of the laws of nineteen hundred seventy-two, is hereby amended to read as follows: