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New York City to Report Maintenance of Effort for Education To New York State Education Department

The enacted State Budget for fiscal year 2025 contained amendments to §2576(5-a) of the Education Law. The Law continues the requirement for the City of New York to maintain its financial commitment to the City School District. Under the amendments, the amount of funds appropriated by the City to support the District must now be certified to the New York State Education Department, following certification by the Mayor of the City of New York and an independent auditor that the appropriated amount:

  1. is not less than the amount appropriated in the year prior, except in cases where city funds or revenues decline from one year to the next (in such a case, the city may reduce its support of the New York City School District by no more than the same percentage that city funds are reduced);
  2. is consistent with §211-D(6) of the Education Law (Contracts for Excellence) which requires that increases in total foundation aid and supplemental educational improvement grants shall be used to supplement, and not supplant, funds allocated by the District for purposes allowable under §211-D(3) of the Education Law; and
  3. is sufficient to ensure individual schools can meet the class size compliance targets set forth in §211-D(2).

§2576(5-a) further requires that, should the City adopt or certify a budget that is in violation of these requirements, the City Council must amend and adopt such a budget to be in compliance within 60 days. If a compliant budget is not adopted and certified within 60 days, the State Education Department is directed to withhold the amount by which the budget is non-compliant from the foundation aid allotment payable to the District until such time as the budget is certified as compliant with the Maintenance of Effort requirements. Finally, if actual budget expenditures for the prior year, as certified in the October following the close of the fiscal year, are determined to be not compliant with the Maintenance of Effort requirements above, the New York City Council must appropriate funds in the amount of the discrepancy, as part of the November modification, in support of the City School District in the current fiscal year.

Last Updated: April 11, 2025