4. a. The contingency budget shall not result in a percentage increase
in total spending over the district's total spending under the school
district budget for the prior school year that exceeds the lesser of:
(i) the result obtained when one hundred twenty percent is multiplied by
the percentage increase in the consumer price index, with the result
rounded to two decimal places; or (ii) four percent.
b. The following types of expenditures shall be disregarded in
determining total spending:
(i) expenditures resulting from a tax certiorari proceeding;
(ii) expenditures resulting from a court order or judgment against the
school district;
(iii) emergency expenditures that are certified by the commissioner as
necessary as a result of damage to, or destruction of, a school building
or school equipment;
(iv) capital expenditures resulting from the construction,
acquisition, reconstruction, rehabilitation or improvement of school
facilities, including debt service and lease expenditures, subject to
the approval of the qualified voters where required by law;
(v) expenditures in the contingency budget attributable to projected
increases in public school enrollment, which, for the purpose of this
subdivision, may include increases attributable to the enrollment of
students attending a pre-kindergarten program established in accordance
with section thirty-six hundred two-e of this chapter, to be computed
based upon an increase in enrollment from the year prior to the base
year for which the budget is being adopted to the base year for which
the budget is being adopted, provided that where the trustees or board
of education have documented evidence that a further increase in
enrollment will occur during the school year for which the contingency
budget is prepared because of new construction, inception of a
pre-kindergarten program, growth or similar factors, the expenditures
attributable to such additional enrollment may also be disregarded; and
(vi) non-recurring expenditures in the prior year's school district
budget.