S50001-B
STATE OF NEW YORK
________________________________________________________________________
1--B
Extraordinary Session
IN SENATE
July 20, 2004
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, the tax law and the public authori-
ties law, in relation to providing the opportunity for a sound basic
education and providing for accountability in the context of the
public education system
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Intentionally omitted.
2 § 2. Legislative findings. The legislature hereby finds and declares
3 that the education of our children is among the most vital and critical
4 functions of government. The legislature further finds that in Campaign
5 for Fiscal Equity v. State, 100 N.Y. 2d 893, 930 (2003), the court of
6 appeals directed that the state ascertain the actual cost of providing a
7 sound basic education in New York city; ensure that reforms to the
8 current system of financing school funding and managing schools address
9 the shortcomings of the current system by ensuring, as a part of that
10 process, that every school in New York city has the resources necessary
11 for providing the opportunity for a sound basic education; and provide
12 for a system of accountability to measure whether the reforms actually
13 provide the opportunity for a sound basic education.
14 The legislature further finds that the New York state commission on
15 education reform ("commission") was established pursuant to Executive
16 Order No. 131 specifically to study and recommend reforms to ensure all
17 children have the opportunity to obtain a sound basic education in
18 accordance with requirements of the state constitution and applicable
19 decisional law. The legislature further finds that consistent with its
20 responsibilities pursuant to this Executive Order, the commission
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12222-11-4
S. 1--B 2
1 directed that a study be performed on its behalf to ascertain the actual
2 cost of providing a sound basic education in New York city and other
3 school districts across the state.
4 The legislature hereby finds that the actual costs of providing a
5 sound basic education should properly be determined using an analysis
6 whereby expenditures are examined in school districts that have educa-
7 tion performance that meets or exceeds expected performance levels,
8 consistent with the study performed on behalf of the commission. The
9 legislature further finds that expected education performance levels
10 should be determined using scores on the fourth grade English Language
11 Arts and fourth grade Math exams with successful schools identified as
12 having eighty percent of their students demonstrating proficiency on
13 such exams over a three-year period, and the five regents exams used for
14 graduation, consisting of the 281 K-12 school districts identified by
15 the state education department as meeting the operational definition of
16 an adequate education.
17 The legislature further finds that educational costs should be
18 adjusted using those weightings selected and reflected in the commis-
19 sion's recommendations for the number of special education students, the
20 number of students from economically disadvantaged backgrounds and the
21 number of students with limited English proficiency, with regional cost
22 differences reflected utilizing the Geographic Cost of Education Index.
23 Furthermore, the legislature finds that it is appropriate to incorporate
24 an efficiency factor by ranking the expenditures of the successful
25 school districts and using the average expenditures of the lowest fifty
26 percent of such school districts, consistent with the study performed
27 on behalf of the commission.
28 The legislature further finds that a combination of state, local and
29 federal funds should be used to support the costs of providing a sound
30 basic education in New York city and other school districts across the
31 state, and that funding increases should be phased in over five years to
32 ensure that school districts have adequate time in which to plan for the
33 use of additional resources.
34 The legislature further finds that the legislation enacted herein
35 reforms the current system of financing school funding and managing
36 schools by ensuring that every school has the resources necessary for
37 providing the opportunity for a sound basic education, and provides for
38 a system of accountability to measure and ensure that the reforms actu-
39 ally provide the opportunity for a sound basic education.
40 § 3. The education law is amended by adding a new section 319 to read
41 as follows:
42 § 319. Office of educational accountability; oversight of poorly
43 performing schools. The commissioner shall establish, within the depart-
44 ment, a distinct division to include a new office of educational
45 accountability with responsibility for administering the statewide
46 system of accountability for public elementary and secondary schools in
47 accordance with this section and Title I, monitoring the performance and
48 improvement of poorly performing schools, providing technical assistance
49 to poorly performing schools and to school districts and other local
50 educational agencies in improvement or corrective action status under
51 Title I.
52 1. Definitions. As used in this section:
53 (a) "Office" means the office of educational accountability of the
54 department.
55 (b) "Poorly performing school" means a public elementary or secondary
56 school that fails to meet criteria established by the office and shall
S. 1--B 3
1 include all schools that fail to provide the opportunity for a sound
2 basic education, and has been identified by the office.
3 (c) "School improvement plan" means a single, comprehensive three-year
4 school improvement plan developed for a poorly performing school, that
5 is designed to improve student performance, is developed in conjunction
6 and partnership with the school district and groups representing
7 parents, teachers and administrators from such school and fulfills all
8 other requirements of this section, the regulations of the commissioner
9 and applicable federal law. The first such plan shall be submitted by
10 March first, two thousand five. If the administrators or teachers do
11 not agree with the plan approved by the board of education and submitted
12 to the state, they may submit their objections to the state with the
13 plan. The plan for each school district with a poorly performing school
14 shall be reviewed and approved by the office of educational accountabil-
15 ity.
16 (c-1) "District improvement plan" means a comprehensive three-year
17 plan detailing how each district plans to provide an opportunity for a
18 sound basic education in all their schools by the end of three years.
19 The plan shall be developed in conjunction and partnership with groups
20 representing parents, teachers and administrators from poorly performing
21 schools. The plan shall consider district needs in providing an opportu-
22 nity for a sound basic education. Such plan shall be updated each year.
23 The first such plan shall be submitted by March first, two thousand
24 five. (i) Each school district shall include a resource allocation plan
25 as part of the comprehensive district improvement plan. This plan shall
26 ensure that each school has the educational resources necessary to
27 provide the opportunity for a sound basic education. The allocation plan
28 may include allocation of resources in the following areas based on the
29 district needs identified in the plan developed in accordance with the
30 opening paragraph of this paragraph:
31 a. improvement in quality of teaching and instructional leadership for
32 schools including for school districts with poorly performing schools
33 the allocation of teachers among schools and utilizing initiatives such
34 as competitive pay scales for teachers, additional stipends to attract
35 qualified teachers for math, science, bilingual education and hard to
36 staff schools, pay for performance plans and career ladders to encourage
37 experienced teachers to remain in teaching;
38 b. appropriate class sizes;
39 c. school facilities;
40 d. pre-k and early childhood education services;
41 e. services for at-risk students;
42 f. services for students with disabilities and English language lear-
43 ners;
44 g. ensuring adequate instrumentalities of learning;
45 h. alternative placements for disruptive students;
46 i. parental accountability and involvement;
47 j. student involvement and accountability; and
48 k. longer school day and longer school year.
49 (ii) The school district shall submit the completed plan to the office
50 of educational accountability. If the administrators or teachers do not
51 agree with the plan approved by the board of education and submitted to
52 the state, they may submit their objections to the state with the plan.
53 The plan for each school district with a poorly performing school shall
54 be reviewed and approved by the office of educational accountability.
S. 1--B 4
1 (d) "Title I" means Title I, Part A of the Elementary and Secondary
2 Education Act of 1965, as amended by the No Child Left Behind Act of
3 2001 and any subsequent laws.
4 2. Responsibilities of the office. The office shall have the following
5 responsibilities:
6 (a) Implementing the state system of accountability of public schools
7 and school districts for student academic performance;
8 (b) Establishing criteria for the identification of poorly performing
9 schools, which shall be incorporated into the regulations of the commis-
10 sioner;
11 (c) Assisting in developing, reviewing and approving district and
12 school improvement plans;
13 (d) Making periodic site visits to assist with and ensure that
14 approved district and school improvement plans are being implemented
15 within the prescribed timeline;
16 (e) Holding school districts and other local educational agencies
17 accountable for implementing approved district and school improvement
18 plans;
19 (f) Ordering school districts and other local educational agencies to
20 take the actions contained in the approved district and school improve-
21 ment plans and imposing sanctions for noncompliance, which may include,
22 but not be limited to, acceleration of the timetable for closing and
23 reconfiguring a school;
24 (g) Requiring each school district that operates a poorly performing
25 school to develop a district improvement plan for the allocation of
26 resources that will ensure that each poorly performing school operated
27 by the school district has adequate educational and fiscal resources to
28 provide an opportunity for a sound basic education, and to submit such
29 plan to the office for review and approval;
30 (h) Developing a value added accountability system to increase the
31 efficiency and effectiveness of school program planning and implementa-
32 tion. The system will track each student's performance based on assess-
33 ments that review progress over time.
34 The system will track how effectively state and local resources,
35 including resources identified in the school improvement plans required
36 by this section, are utilized at the local school level to enable state
37 and local policymakers to make better-informed judgments on education
38 related policies, reforms and expenditures each year. The system shall
39 include but not be limited to data on school performance, attendance and
40 dropout data and financial data. In order to facilitate the creation of
41 this system, the department shall develop an information system plan
42 that integrates the databases required for this system.
43 (i) Evaluating student performance data and providing a comprehensive
44 annual report to be submitted to the governor and the legislature
45 including, but not limited to, a summary of poorly performing schools
46 and the progress of corrective actions taken by the office to assist in
47 ensuring that a sound basic education is being provided. Such report
48 shall be due to the governor and the legislature no later than the first
49 of January following the close of the preceding school year discussed in
50 the report;
51 (j) Ensuring that school districts report to the public on their
52 student performance and notify parents when their child's school is
53 identified as poorly performing; and
54 (k) Ensuring that school districts and other local educational agen-
55 cies that receive Title I funds notify parents of their right to public
S. 1--B 5
1 school choice and supplemental educational services in accordance with
2 Title I.
3 3. Closure and reconfiguration or redesign. Notwithstanding any other
4 provision of law, rule or regulation to the contrary, each poorly
5 performing school that does not provide the opportunity for a sound
6 basic education as determined by the office after three years of imple-
7 mentation of a school improvement plan pursuant to this section shall be
8 closed and reconfigured or redesigned and reopened under a new building
9 principal and, to the extent practicable and consistent with applicable
10 collective bargaining agreements and the tenure laws, with new staff to
11 replace any school staff who contributed to the school's poor perform-
12 ance. Provided, however, that a poorly performing school that has
13 already been reconfigured or redesigned pursuant to a Title I corrective
14 action plan and/or has already replaced its building principal may be
15 excused by the office from any requirements of this subdivision that the
16 office determines to be unnecessary to improve student performance.
17 Notwithstanding any other provision of law to the contrary, failure of a
18 school to provide the opportunity for a sound basic education after
19 three years under a school improvement plan shall be deemed just cause
20 for dismissal of the building principal. Where the office determines
21 that a poorly performing school has made adequate progress within three
22 years of implementation of a school improvement plan, and the school
23 subsequently fails to provide the opportunity for a sound basic educa-
24 tion, the office may require closing and reconfiguration or redesign of
25 the school pursuant to this subdivision, provided that the school has
26 failed to provide the opportunity for a sound basic education in at
27 least three of the preceding five years.
28 4. Appointment of master educator. (a) Upon identification of a school
29 as poorly performing, a master educator shall be appointed by the
30 commissioner to assist in the development of the school improvement
31 plan, monitor and advise the director of the office, the commissioner,
32 board of regents and local school officials on implementation of the
33 school improvement plan. The master educator shall report periodically,
34 and at least twice a year, on the school's progress in implementing such
35 plan. Such progress report shall be submitted to the director of the
36 office, the commissioner and the board of regents, the board of educa-
37 tion or trustees, the superintendent of schools or other chief school
38 officer and the building principal of the school, and may contain recom-
39 mendations for changes or improvement in implementation of the plan. The
40 master educator shall also periodically meet with representatives of
41 pedagogical employees of the poorly performing school.
42 (b) Notwithstanding any other law, rule or regulation to the contrary,
43 where a poorly performing school does not make adequate progress as
44 determined by the office for three years after closure and reconfigura-
45 tion or redesign pursuant to subdivision three of this section, the
46 office shall appoint an executive educator to be assigned to the school
47 to manage and oversee the school pursuant to this paragraph. In addi-
48 tion, the office shall have the discretion to appoint an executive
49 educator to manage and oversee any school identified as being in
50 restructuring status under Title I that is required to implement a form
51 of alternative governance under Title I. The executive educator shall
52 have the power to supersede any decision or action by the board of
53 education, superintendent of schools, chancellor or other chief execu-
54 tive officer, or building principal or other school administrator on any
55 matter relating to operation of the poorly performing school, to make
56 all decisions relating to the appointment, discipline or abolition of
S. 1--B 6
1 positions of the building principal or school staff consistent with
2 relative collective bargaining and all laws, rules, and regulations, and
3 to order school officials of the school district or school to take
4 actions to improve the performance of the school. Where the office
5 determines that a poorly performing school has made adequate progress
6 within three years of closure and reconfiguration or redesign, and the
7 school subsequently fails to provide the opportunity for a sound basic
8 education, the office may require appointment of an executive educator
9 pursuant to this subdivision, provided that the school has failed to
10 provide the opportunity for a sound basic education in at least three of
11 the preceding five years.
12 5. Access to resources and data. Upon request of the office, the
13 department, any board of cooperative educational services and any school
14 district under the jurisdiction of the office, to the maximum extent
15 feasible, shall cooperate with and make its staff, facilities and
16 resources available to assist the office in carrying out its responsi-
17 bilities, and shall provide the office upon request with all data and
18 records in its possession that relate to the functions of the office in
19 administering the systems of accountability for academic performance and
20 fiscal accountability.
21 § 4. Subdivisions 2 and 4 of section 2576 of the education law, subdi-
22 vision 2 as amended by chapter 65 of the laws of 1972 and subdivision 4
23 as renumbered by chapter 762 of the laws of 1950, are amended and a new
24 subdivision 5-b is added to read as follows:
25 2. In the city school districts of Syracuse, Rochester and Yonkers
26 such estimate shall be filed with the mayor or city manager. Such offi-
27 cer shall place such estimate before the board of estimate and appor-
28 tionment or other similar body at the same time and in the same manner
29 as estimates from city departments or officers are placed before said
30 board or body, and such estimate shall thereafter be subject to the same
31 consideration, action and procedure as all other estimates from city
32 departments or officers, subject to the limitations provided by subdivi-
33 sion five-b of this section. The said board or body may increase,
34 diminish or reject any item contained in said estimate, subject to the
35 limitations provided by subdivision five-b of this section, except for
36 fixed charges for which the city is liable. When such estimate is
37 adopted, the said board or body shall file it with the common council.
38 4. In a city which had, according to the federal census of nineteen
39 hundred forty, a population of four hundred thousand or more but less
40 than one million such estimate shall be filed with the officer author-
41 ized to receive other department estimates and the same acted on by such
42 officer and by the council of such city in the same manner and with the
43 same effect as other department estimates, subject to the limitations
44 provided by subdivision five-b of this section. The council is also
45 authorized, in its discretion, to include in such budget a sum for any
46 of the purposes enumerated in paragraph c of subdivision one of this
47 section, and any further amount for such purposes as may be authorized
48 by a tax election held in such city pursuant to the provisions of this
49 chapter. After the adoption of such budget the council shall cause the
50 amount thereof to be included in the tax and assessment roll of the city
51 and the same shall be collected in the same manner and at the same time
52 as other taxes of the city are collected, and placed to the credit of
53 the board of education.
54 5-b. a. For the purposes of this subdivision, the terms:
55 (i) "city funds" shall mean funds of a city with more than one hundred
56 twenty-five thousand and less than one million inhabitants derived from
S. 1--B 7
1 any source except funds contained within the capital budget and funds
2 derived from any federal, state or private sources over which the city
3 has no discretion.
4 (ii) "city amount" shall mean the total amount of expenditures funded
5 by city funds for the support of the city school district of a city with
6 more than one hundred twenty-five thousand and less than one million
7 inhabitants, not including city payments for debt service or payments
8 for pension benefits for employees of such district, as contained within
9 the budget as adopted.
10 (iii) "base year" shall mean the fiscal year immediately preceding the
11 fiscal year for which the budget referred to in subparagraph (ii) of
12 this paragraph is adopted. The initial base year shall be fiscal year
13 ending June thirtieth, two thousand four.
14 b. The city amount shall not be less than the city amount appropriated
15 in the base year as determined at the time of adoption of the budget for
16 the ensuing fiscal year. Provided, however, in the event the total
17 amount of city funds relied upon to balance such budget is lower than
18 the total amount of city funds appropriated in the base year, determined
19 at the time of adoption of such budget, the city amount may be reduced
20 by up to the same percentage as the overall percentage decrease in city
21 funds between the base year and the ensuing fiscal year.
22 § 5. The education law is amended by adding a new section 215-d to
23 read as follows:
24 § 215-d. Annual report by regents to governor and legislature on
25 student performance; study of performance standards and assessments. 1.
26 The board of regents shall prepare and submit to the governor, the pres-
27 ident pro tem of the senate and the speaker of the assembly not later
28 than January first, two thousand five and by the first day of January in
29 each year thereafter, a report on student performance in the preceding
30 school year on required state assessments and the impact of current and
31 proposed future policies related to the setting of state academic
32 content standards and academic performance standards for purposes of
33 state accountability on school district finances. The department shall
34 conduct a public hearing on the proposed report and shall include a
35 summary of the input received at such hearing in the final report.
36 Following submission of the report, the board of regents and commission-
37 er shall hold a public meeting with the Governor to discuss the results.
38 2. The board of regents shall appoint an independent panel to review
39 the current state academic performance standards and regents examina-
40 tions and assessments used for graduation purposes, and make recommenda-
41 tions to the regents and the commissioner on alignment of the regents
42 examinations and assessments with the state learning standards and the
43 scoring of such assessments, including recommendations on ways to assure
44 that scoring is as consistent and understandable to practitioners as is
45 practicable. Such independent panel shall include representatives of the
46 education community, including but not limited to parents, schools and
47 school districts and organizations representing teachers and school
48 administrators, institutions of higher education, labor and the business
49 community. The department shall provide the panel with necessary staff
50 support and resources and, upon request of the panel, shall conduct a
51 survey of parents, students, teachers, school administrators and the
52 labor and business communities for their views on such state academic
53 performance standards and assessment issues. The panel shall report to
54 the regents by a date prescribed by the regents, which shall be on or
55 before the date on which the regents establish the passing score on
S. 1--B 8
1 regents examinations for the two thousand five--two thousand six school
2 year.
3 3. The board of regents shall monitor the performance of students in
4 career and technical education programs to ascertain if the current
5 diploma requirements for such students have had an adverse impact on
6 enrollment or completion rates for such programs, and shall consider
7 adjustments in such diploma requirements to ensure these students have
8 the opportunity to meet the requirements. The regents shall include a
9 report on the impact of such diploma requirements for career and techni-
10 cal education students in the annual report required pursuant to subdi-
11 vision one of this section.
12 § 6. Intentionally omitted.
13 § 7. Intentionally omitted.
14 § 8. Intentionally omitted.
15 § 9. Intentionally omitted.
16 § 10. Intentionally omitted.
17 § 11. Intentionally omitted.
18 § 12. Intentionally omitted.
19 § 13. Intentionally omitted.
20 § 14. Intentionally omitted.
21 § 15. Intentionally omitted.
22 § 16. Section 3004 of the education law is amended by adding two new
23 subdivisions 4 and 5 to read as follows:
24 4. a. The commissioner shall adopt regulations to establish alterna-
25 tive certification procedures for the issuance of teacher's and adminis-
26 trator's certificates to candidates who do not meet all the educational
27 requirements for a certificate but whose training and experience are the
28 substantial equivalent of such requirements and qualify such persons for
29 the duties of a teacher or school administrator. For purposes of this
30 section, any person making application for alternative certification
31 shall be considered to have the substantial equivalent of any education
32 requirement if he or she has earned any post-baccalaureate degree in a
33 degree field related to the certification area for which he or she seeks
34 a teacher's certificate, or if he or she has attained a baccalaureate
35 degree in a degree field related to the certification area for which he
36 or she seeks a teacher's certificate and has at least five years of
37 documented satisfactory experience in a field related to the certif-
38 ication area for which he or she seeks a teacher's certificate. Indi-
39 viduals seeking alternative certification pursuant to this paragraph
40 shall be required to take and pass all the examinations required for
41 certification within two years of the date they are employed by a board
42 of education or board of cooperative educational services as a certified
43 employee.
44 b. The commissioner shall also adopt regulations to provide for alter-
45 native certification procedures for the issuance of an initial teaching
46 certificate to candidates who have attained a baccalaureate degree but
47 who do not meet all the educational requirements for an initial teaching
48 certificate. For purposes of this section, a person shall be considered
49 to have the substantial equivalent of any education requirement for the
50 receipt of an initial teaching certificate if he or she has attained a
51 baccalaureate degree and has achieved a passing grade on required state
52 exams for the receipt of an initial teaching certificate, provided that
53 any person receiving an initial certificate pursuant to this paragraph
54 shall have two years from the date they received such initial certif-
55 ication to achieve a passing grade on any required exam related to peda-
56 gogic methods.
S. 1--B 9
1 c. School districts hiring teachers receiving alternative certif-
2 ication shall include in their school and district improvement plans a
3 section describing the pre-service and in-service training including
4 mentoring that will be provided to individuals receiving alternative
5 certification pursuant to this section, provided that nothing shall
6 prohibit the school district from providing such training through their
7 own professional development program or by contract with another entity.
8 5. The commissioner shall promulgate regulations to require that
9 school district administrators and supervisors receive time-limited
10 initial and professional teaching certificates and complete one hundred
11 seventy-five hours of continuing education to maintain such certif-
12 icates.
13 § 17. Subdivision 2 of section 2502 of the education law, as amended
14 by chapter 698 of the laws of 1989, is amended to read as follows:
15 2. Each board of education shall consist of five, seven or nine
16 members, to be known as members of the board of education. In the city
17 of Albany, such board shall consist of seven voting members; and in the
18 city of Rensselaer, such board shall consist of five members; subject,
19 however, to any increase or decrease of the number of voting members of
20 such board as provided pursuant to the provisions of paragraph a of
21 subdivision four of this section. [Members] Notwithstanding any other
22 provision of law to the contrary, in the city of Albany the mayor, or
23 his designee, shall serve as an additional ex officio non-voting member
24 of the board of education, provided that the provisions of subdivisions
25 three, four, six, seven, eight and nine of this section shall not apply
26 to such ex officio position and such position shall not be counted in
27 determining a quorum for the transaction of business. Voting members
28 of such board shall be elected by the qualified voters at large of the
29 school district at annual school elections, under the provisions of
30 article fifty-three of this chapter except in the city school district
31 of the city of Albany; provided, however, each board of education may
32 upon its own motion, and shall upon a written petition, subscribed by
33 not less than five hundred qualified voters of the district, cause to be
34 submitted at the annual school election a proposition to consider each
35 vacancy upon the board of education a separate specific office requiring
36 a separate petition to nominate a candidate to each separate office in
37 accordance with the provisions of article fifty-three of this chapter.
38 § 18. Section 2552 of the education law, as amended by chapter 138 of
39 the laws of 1974, is amended to read as follows:
40 § 2552. Board of education. The board of education of each such city
41 school district is hereby continued. The educational affairs in each
42 such city school district shall be under the general management and
43 control of a board of education to consist of not less than three and
44 not more than [nine] eleven members, to be chosen as hereinafter
45 provided, and to be known as members of the board of education, except
46 that the board of education of the city school district of the city of
47 New York shall be constituted as provided in article fifty-two-A of this
48 chapter. The number of members on the board of education of each such
49 city school district shall continue to be as follows:
50 a. City school district of the city of Buffalo: [nine] eleven members,
51 two of which shall be appointed by the mayor.
52 b. City school district of the city of Rochester: [seven] nine
53 members, two of which shall be appointed by the mayor.
54 c. City school district of the city of Syracuse: [seven] nine members,
55 two of which shall be appointed by the mayor.
56 d. City school district of the city of Yonkers: nine members.
S. 1--B 10
1 § 19. Section 2553 of the education law is amended by adding a new
2 subdivision 3-a to read as follows:
3 3-a. In the city school districts of the cities of Buffalo, Rochester
4 and Syracuse, the mayors of such cities shall appoint two residents to
5 the board of education. Each appointee shall serve for a term of four
6 years and may be removed by the mayor at any time during their term.
7 § 20. Section 3020 of the education law is amended by adding a new
8 subdivision 5 to read as follows:
9 5. Notwithstanding any inconsistent provision of law, when a tenured
10 teacher receives an evaluation from the school district which documents
11 pedagogical incompetence, the district shall take the following steps
12 prior to bringing charges under section three thousand twenty-a of this
13 article. The district shall develop a ninety day plan in consultation
14 with the teacher and his or her collective bargaining unit to remediate
15 the problem. If after the remedial plan is completed, the tenured teach-
16 er's performance is still unsatisfactory as determined through an obser-
17 vation and written evaluation conducted following completion of the
18 ninety day remedial plan, the district may file charges of pedagogical
19 incompetence against the teacher and use the expedited procedure
20 described in subdivision six of section three thousand twenty-a of this
21 article.
22 § 21. Paragraphs (c) and (d) of subdivision 2, subparagraphs (ii) and
23 (iii) of paragraph b and subparagraphs (ii), (v) and (vi) of paragraph c
24 of subdivision 3 and paragraphs (a) and (b) of subdivision 4 of section
25 3020-a of the education law, as amended by chapter 691 of the laws of
26 1994, are amended and a new subdivision 6 is added to read as follows:
27 (c) Within [ten] five days of receipt of the statement of charges, the
28 employee shall notify the clerk or secretary of the employing board in
29 writing whether he or she desires a hearing on the charges and when the
30 charges concern pedagogical incompetence or issues involving pedagogical
31 judgment, his or her choice of either a single hearing officer or a
32 three member panel. All other charges shall be heard by a single hearing
33 officer.
34 (d) The unexcused failure of the employee to notify the clerk or
35 secretary of his or her desire for a hearing within [ten] five days of
36 the receipt of charges shall be deemed a waiver of the right to a hear-
37 ing. Where an employee requests a hearing in the manner provided for by
38 this section, the clerk or secretary of the board shall, within three
39 working days of receipt of the employee's notice or request for a hear-
40 ing, notify the commissioner of education of the need for a hearing. If
41 the employee waives his or her right to a hearing the employing board
42 shall proceed, within fifteen days, by a vote of a majority of all
43 members of such board, to determine the case and fix the penalty, if
44 any, to be imposed in accordance with subdivision four of this section.
45 (ii) Not later than [ten] five days after the date the commissioner
46 mails to the employing board and the employee the list of potential
47 hearing officers and biographies provided to the commissioner by the
48 association, the employing board and the employee, individually or
49 through their agents or representatives, shall by mutual agreement
50 select a hearing officer from said list to conduct the hearing and shall
51 notify the commissioner of their selection.
52 (iii) If the employing board and the employee fail to agree on an
53 arbitrator to serve as a hearing officer from said list and so notify
54 the commissioner within [ten] five days after receiving the list from
55 the commissioner, the commissioner shall request the association to
56 appoint a hearing officer from said list.
S. 1--B 11
1 (ii) The hearing officer selected to conduct a hearing under this
2 section shall, within ten [to fifteen] days of agreeing to serve as
3 such, hold a pre-hearing conference which shall be held in the school
4 district or county seat of the county, or any county, wherein the
5 employing school board is located. The pre-hearing conference shall be
6 limited in length to one day except that the hearing officer, in his or
7 her discretion, may allow one additional day for good cause shown.
8 (v) In the event that at the pre-hearing conference the employing
9 board presents evidence that the [professional] teaching certificate or
10 license of the employee has been revoked and all judicial and adminis-
11 trative remedies have been exhausted or foreclosed, the hearing officer
12 shall schedule the date, time and place for an expedited hearing, which
13 hearing shall commence not more than [seven] five days after the pre-
14 hearing conference and which shall be limited to one day. The expedited
15 hearing shall be held in the local school district or county seat of the
16 county or any county, wherein the said employing board is located. The
17 expedited hearing shall not be postponed except upon the request of a
18 party and then only for good cause as determined by the hearing officer.
19 At such hearing, each party shall have equal time in which to present
20 its case.
21 (vi) During the pre-hearing conference, the hearing officer shall
22 determine the reasonable amount of time necessary for a final hearing on
23 the charge or charges and shall schedule the location, time(s) and
24 date(s) for the final hearing. The final hearing shall be held in the
25 local school district or county seat of the county, or any county, wher-
26 ein the said employing school board is located. In the event that the
27 hearing officer determines that the nature of the case requires the
28 final hearing to last more than one day, the days that are scheduled for
29 the final hearing shall be consecutive. The day or days scheduled for
30 the final hearing shall not be postponed except upon the request of a
31 party and then only for good cause shown as determined by the hearing
32 officer. In all cases, the final hearing shall be completed no later
33 than [sixty] thirty days after the pre-hearing conference unless the
34 hearing officer determines that extraordinary circumstances warrant a
35 limited extension.
36 (a) The hearing officer shall render a written decision within [thir-
37 ty] fifteen days of the last day of the final hearing, or in the case of
38 an expedited hearing within [ten] two days of such expedited hearing,
39 and shall forthwith forward a copy thereof to the commissioner of educa-
40 tion who shall immediately forward copies of the decision to the employ-
41 ee and to the clerk or secretary of the employing board. The written
42 decision shall include the hearing officer's findings of fact on each
43 charge, his or her conclusions with regard to each charge based on said
44 findings and shall state what penalty or other action, if any, shall be
45 taken by the employing board. At the request of the employee, in deter-
46 mining what, if any, penalty or other action shall be imposed, the hear-
47 ing officer shall consider the extent to which the employing board made
48 efforts towards correcting the behavior of the employee which resulted
49 in charges being brought under this section through means including but
50 not limited to: remediation, peer intervention or an employee assistance
51 plan. In those cases where a penalty is imposed, such penalty may be a
52 written reprimand, a fine, suspension for a fixed time without pay, or
53 dismissal. In addition to or in lieu of the aforementioned penalties,
54 the hearing officer, where he or she deems appropriate, may impose upon
55 the employee remedial action including but not limited to leaves of
56 absence with or without pay, continuing education and/or study, a
S. 1--B 12
1 requirement that the employee seek counseling or medical treatment or
2 that the employee engage in any other remedial or combination of remedi-
3 al actions.
4 (b) Within [fifteen] ten days of receipt of the hearing officer's
5 decision the employing board shall implement the decision. If the
6 employee is acquitted he or she shall be restored to his or her position
7 with full pay for any period of suspension without pay and the charges
8 expunged from the employment record. If an employee who was convicted of
9 a felony crime specified in paragraph (b) of subdivision two of this
10 section, has said conviction reversed, the employee, upon application,
11 shall be entitled to have his pay and other emoluments restored, for the
12 period from the date of his suspension to the date of the decision.
13 6. Alternative procedure for pedagogical incompetence. Notwithstand-
14 ing any inconsistent provision of law, when a tenured teacher is charged
15 with pedagogical incompetence in accordance with the procedures
16 described in subdivision four of section three thousand twenty of this
17 article, the following alternative hearing procedure shall be followed.
18 Within thirty days of the unsatisfactory observation and written evalu-
19 ation following the completion of the ninety day remedial plan, the
20 district shall notify the tenured teacher of the charges based on the
21 evaluation. At the same time the district shall request a list of hear-
22 ing officers from the commissioner in accordance with subdivision three
23 of this section. Such list shall contain names of hearing officers who
24 would be available to complete the hearing and issue a decision within
25 sixty days of the filing of charges. Within five days of the notifica-
26 tion of charges the teacher shall notify the district whether he or she
27 is requesting a hearing. If the teacher requests a hearing, the teacher
28 and school district shall agree on a hearing officer from the list
29 provided by the commissioner within five days of receipt of the list. If
30 a hearing officer is not agreed to within five days, the commissioner
31 shall select a hearing officer from the list. The commissioner shall
32 adopt regulations to ensure any hearing conducted in accordance with
33 this subdivision is completed within ninety days of the unsatisfactory
34 observation and written evaluation conducted following completion of the
35 remedial plan.
36 § 22. Section 305 of the education law is amended by adding a new
37 subdivision 25-a to read as follows:
38 25-a. a. The commissioner shall conduct an annual examination and
39 evaluation of the financial condition of each school district and BOCES.
40 Based on this annual review, in conjunction with the comptroller, the
41 commissioner shall conduct fiscal audits of identified school districts
42 and BOCES determined to be in fiscal distress.
43 b. In conducting the audit, the commissioner shall gain access to all
44 backup financial, budgeting and accounting documentation and other data
45 for the current school year or any prior year that may be necessary to
46 verify, confirm and reconstruct all of the transactions engaged in by
47 affected school districts or BOCES, including records of any state agen-
48 cy, board of cooperative educational services, city or other munici-
49 pality, public authority or any person or entity contracting with the
50 district or BOCES concerning such transactions;
51 c. The audit shall assess the affected school district or BOCES'
52 current financial accounting practices to ensure that they are consist-
53 ent with established standards, that they provide for adequate
54 protections against theft, embezzlement and other abuses, and that
55 adequate systems of internal controls are in place, including a system
S. 1--B 13
1 to ensure that any filings required by the department for the payment of
2 state or federal funds are made in a timely manner;
3 d. In addition the audit shall assess the school district or BOCES'
4 budget process and, where applicable, ensure that information provided
5 to the voters of the school district is accurate and complete and that
6 the board of education of the school district or BOCES has not allowed
7 public funds to be used to influence the outcome of the budget vote in
8 violation of law;
9 e. Upon completion of the audit, the commissioner shall prepare a
10 preliminary audit report containing a detailed analysis of the current
11 financial status of the school district or BOCES, including but not
12 limited to:
13 (1) an overall evaluation of the financial practices,
14 (2) a detailed financial statement providing an accounting of all
15 revenues and expenditures,
16 (3) a detailed analysis of actual revenues or expenditures as compared
17 to budgeted revenues and expenditures, and
18 (4) a statement by the commissioner that summarizes the findings and
19 recommendations of the auditors, explicitly states any findings regard-
20 ing the fiscal practices of the district or BOCES that the auditors
21 believe to be in violation of, or could potentially violate state or
22 federal law, rule or regulation, or demonstrate negligence, incompetence
23 or lack of training that create a substantial risk of violations of
24 state or federal laws, rules or regulations;
25 f. The commissioner shall immediately refer any findings of fraud,
26 abuse or other conduct constituting a crime that are uncovered in an
27 audit, as appropriate, to the attorney general, United States attorney
28 or district attorney having jurisdiction for appropriate action, togeth-
29 er with any documents supporting the auditors' findings;
30 g. Upon issuance of a final audit report, the commissioner shall
31 review any findings that may constitute grounds for removal of an indi-
32 vidual from office or action against the teaching certificate or profes-
33 sional license of an individual, or corrective action and take any
34 appropriate action;
35 h. The board of education shall conduct at least one public hearing on
36 the preliminary audit report. The board of education shall submit a
37 summary of the comments, suggestions and questions raised at the public
38 hearing;
39 i. After affording the board of education the opportunity to respond
40 in writing, the commissioner shall make the preliminary audit report and
41 the district or BOCES' response and the final audit report available to
42 the public upon request for a period of at least three years.
43 § 23. Subdivision 3 of section 2116-a of the education law, as amended
44 by section 27 of part A of chapter 436 of the laws of 1997, is amended
45 to read as follows:
46 3. The school authorities of each school district, except those
47 employing fewer than eight teachers, but including the city school
48 districts of the cities of Buffalo and Rochester, shall obtain an annual
49 audit of its records by an independent certified public accountant or an
50 independent public accountant. Every three years, the school authori-
51 ties shall obtain the annual audit of its records from a new independent
52 certified public accountant or an independent public accountant. Such
53 new accountant may not be affiliated with the same accounting firm that
54 conducted the previous audit. The board of education of the city school
55 district of the city of New York, districts of such city shall obtain an
56 annual audit by the comptroller of the city of New York, or by an inde-
S. 1--B 14
1 pendent certified public accountant or an independent public accountant.
2 The boards of education of the community districts of such city school
3 district shall obtain an annual audit by the bureau of audit of the
4 board of education of the city school district of the city of New York
5 or by an independent certified public accountant or an independent
6 public accountant. A copy of the audit report in form prescribed by the
7 commissioner and certified by the accountant, or, in the city school
8 district of the city of New York or the community districts therein, by
9 the accountant, or the comptroller or bureau of audit, as the case may
10 be, shall be furnished to the commissioner on or before October first
11 following the end of the fiscal year audited, except that such report
12 shall be furnished to the commissioner on or before January first
13 following the end of the fiscal year audited for the city school
14 districts of the cities of Buffalo, Rochester, Syracuse, Yonkers, and
15 New York and for the community school districts of the city of New York.
16 § 24. Subdivision 1, paragraph a of subdivision 2-a and subdivision 4
17 of section 2022 of the education law, subdivision 1 as amended by
18 section 8 of part C of chapter 58 of the laws of 1998, paragraph a of
19 subdivision 2-a as added by section 3 of part A of chapter 60 of the
20 laws of 2000, and subdivision 4 as added by section 23 of part A of
21 chapter 436 of the laws of 1997, are amended to read as follows:
22 1. Notwithstanding any law, rule or regulation to the contrary, the
23 election of trustees or members of the board of education, [and] the
24 vote upon the appropriation of the necessary funds to meet the estimated
25 expenditures, and the vote upon a bond resolution, in any common school
26 district, union free school district, central school district or central
27 high school district shall be held at the annual meeting and election on
28 the third Tuesday in May, provided, however, that such election shall be
29 held on the second Tuesday in May if the commissioner at the request of
30 a local school board certifies no later than March first that such
31 election would conflict with religious observances. When such election
32 or vote is taken by recording the ayes and noes of the qualified voters
33 attending, a majority of the qualified voters present and voting, by a
34 hand or voice vote, may determine to take up the question of voting the
35 necessary funds to meet the estimated expenditures for a specific item
36 separately, and the qualified voters present and voting may increase the
37 amount of any estimated expenditures or reduce the same, except for
38 teachers' salaries, and the ordinary contingent expenses of the schools.
39 The sole trustee, board of trustees or board of education of every
40 common, union free, central or central high school district and every
41 city school district to which this article applies shall hold a budget
42 hearing not less than seven nor more than fourteen days prior to the
43 annual meeting and election or special district meeting at which a
44 school budget vote will occur, and shall prepare and present to the
45 voters at such budget hearing a proposed school district budget and a
46 proposed contingent budget for the ensuing school year.
47 a. Commencing with the proposed budget for the [two thousand one--two
48 thousand two] two thousand five--two thousand six school year, such
49 notice shall also include [a description of how total spending and the
50 tax levy resulting from the proposed budget would compare with a
51 projected contingency budget adopted pursuant to section two thousand
52 twenty-three of this article, assuming that such contingency budget is
53 adopted on the same day as the vote on the proposed budget. Such compar-
54 ison shall be in total and by component (program, capital and adminis-
55 trative), and shall include a statement of the assumptions made in esti-
56 mating the projected contingency budget], in a form and manner
S. 1--B 15
1 prescribed by the commissioner, a detailed list consisting of any and
2 all programs, initiatives and activities that are to be reduced, elimi-
3 nated or in any other way affected by the contingent budget proposal for
4 the ensuing school year. Such list shall be in an itemized format
5 detailing every course, program, curricular activity and extracurricular
6 activity by name, so as to portray an accurate depiction of the effects
7 a contingent budget will have on a school district. In addition, each
8 item listed shall have a dollar amount corresponding to it in order to
9 clearly depict the amount such reduction or elimination actually
10 decreases the total spending the initial budget proposes.
11 4. In the event that the original proposed budget is not approved by
12 the voters, the sole trustee, trustees or board of education may adopt a
13 final budget pursuant to subdivision five of this section or resubmit to
14 the voters the original or a revised budget. Such vote on the resubmit-
15 ted original or revised budget shall occur on the third Tuesday in June
16 provided, however, that such vote may be held on the second Tuesday in
17 June if the commissioner at the request of the local school board certi-
18 fies no later than June first that such vote would conflict with reli-
19 gious observances. Upon one defeat of such resubmitted budget, the sole
20 trustee, trustees or board of education shall adopt a final budget
21 pursuant to subdivision five of this section. Notwithstanding any other
22 provision of law to the contrary, the school district budget for any
23 school year, or any part of such budget or any propositions involving
24 the expenditure of money for such school year shall not be submitted for
25 a vote of the qualified voters more than twice.
26 § 25. Paragraph a of subdivision 7 of section 1608 of the education
27 law, as amended by section 4 of part H of chapter 83 of the laws of
28 2002, is amended and a new subdivision 4-a is added to read as follows:
29 a. Each year, commencing with the proposed budget for the two thou-
30 sand--two thousand one school year, the trustee or board of trustees
31 shall prepare a property tax report card, pursuant to regulations of the
32 commissioner, and shall make it publicly available by transmitting it to
33 local newspapers of general circulation, appending it to copies of the
34 proposed budget made publicly available as required by law, making it
35 available for distribution at the annual meeting, and otherwise dissem-
36 inating it as required by the commissioner. Such report card shall
37 include: (i) the amount of total spending and total estimated school tax
38 levy that would result from adoption of the proposed budget and the
39 percentage increase or decrease in total spending and total school tax
40 levy from the school district budget for the preceding school year;
41 [and] (ii) the projected enrollment growth for the school year for which
42 the budget is prepared, and the percentage change in enrollment from the
43 previous year; [and] (iii) the percentage increase in the consumer price
44 index, as defined in paragraph c of this subdivision; (iv) the amount of
45 unexpended surplus funds. For purposes of this paragraph, the term
46 "surplus funds" shall mean any and all operating funds in excess of two
47 percent of the current school year budget, regardless of the account in
48 which such funds are held; and (v) for the three preceding school years
49 report card data providing a comparison of (1) change in the total
50 school tax levy and (2) the percentage increase in the consumer price
51 index over the same three year period.
52 4-a. The program component, capital component and the administrative
53 component shall be presented to the qualified voters in a single propo-
54 sition. There shall be no separate propositions for any expenditure
55 required to be included in the budget under subdivision four of this
56 section.
S. 1--B 16
1 § 26. Paragraph a of subdivision 7 of section 1716 of the education
2 law, as amended by section 5 of part H of chapter 83 of the laws of
3 2002, is amended and a new subdivision 4-a is added to read as follows:
4 a. Each year, commencing with the proposed budget for the two thou-
5 sand--two thousand one school year, the board of education shall prepare
6 a property tax report card, pursuant to regulations of the commissioner,
7 and shall make it publicly available by transmitting it to local newspa-
8 pers of general circulation, appending it to copies of the proposed
9 budget made publicly available as required by law, making it available
10 for distribution at the annual meeting, and otherwise disseminating it
11 as required by the commissioner. Such report card shall include: (i) the
12 amount of total spending and total estimated school tax levy that would
13 result from adoption of the proposed budget and the percentage increase
14 or decrease in total spending and total school tax levy from the school
15 district budget for the preceding school year; [and] (ii) the projected
16 enrollment growth for the school year for which the budget is prepared,
17 and the percentage change in enrollment from the previous year; [and]
18 (iii) the percentage increase in the consumer price index, as defined in
19 paragraph c of this subdivision; (iv) the amount of unexpended surplus
20 funds. For purposes of this paragraph, the term "surplus funds" shall
21 mean any and all operating funds in excess of two percent of the current
22 school year budget, regardless of the account in which such funds are
23 held; and (v) for the three preceding school years report card data
24 providing a comparison of (1) the change in total school tax levy and
25 (2) the percentage increase in the consumer price index over the same
26 three year period.
27 4-a. The program component, capital component and the administrative
28 component shall be presented to the qualified voters in a single propo-
29 sition. There shall be no separate propositions for any expenditure
30 required to be included in the budget under subdivision four of this
31 section.
32 § 27. Subdivision 2-a of section 2022 of the education law is amended
33 by adding a new paragraph c to read as follows:
34 c. Commencing with the proposed budget for the two thousand five--two
35 thousand six school year, such notice shall also include a comparison
36 between the estimated percentage change in the total tax levy and the
37 full value tax rate from the preceding year's budget based upon the
38 proposed school budget and the percentage change in the total tax levy
39 and full value tax rate from the preceding year based upon the proposed
40 contingency budget.
41 § 28. Subdivision 7 of section 2601-a of the education law, as added
42 by chapter 474 of the laws of 1996, is amended and a new subdivision 3-a
43 is added to read as follows:
44 7. Each year, the board of education shall prepare a school district
45 report card, pursuant to regulations of the commissioner, and shall make
46 it publicly available by transmitting it to local newspapers of general
47 circulation, appending it to copies of the proposed budget made publicly
48 available as required by law, making it available for distribution at
49 the annual meeting, and otherwise disseminating it as required by the
50 commissioner. Such report card shall include measures of the academic
51 performance of the school district, on a school by school basis, and
52 measures of the fiscal performance of the district, as prescribed by the
53 commissioner. Pursuant to regulations of the commissioner, the report
54 card shall also compare these measures to statewide averages for all
55 public schools, and statewide averages for public schools of comparable
56 wealth and need, developed by the commissioner. Such report card shall
S. 1--B 17
1 include, at a minimum, any information on the school district regarding
2 pupil performance and expenditure per pupil required to be included in
3 the annual report by the regents to the governor and the legislature
4 pursuant to section two hundred fifteen-a of this chapter, the amount of
5 unexpended surplus funds; and any other information required by the
6 commissioner. For purposes of this subdivision, the term "surplus funds"
7 shall mean any and all operating funds in excess of two percent of the
8 current school year budget, regardless of the account in which such
9 funds are held. School districts (i) identified as having fifteen
10 percent or more of their students in special education, or (ii) which
11 have fifty percent or more of their students with disabilities in
12 special education programs or services sixty percent or more of the
13 school day in a general education building, or (iii) which have eight
14 percent or more of their students with disabilities in special education
15 programs in public or private separate educational settings shall indi-
16 cate on their school district report card their respective percentages
17 as defined in this paragraph and paragraphs (i) and (ii) of this subdi-
18 vision as compared to the statewide average.
19 3-a. The program component, capital component and the administrative
20 component shall be presented to the qualified voters in a single propo-
21 sition. There shall be no separate propositions for any expenditure
22 required to be included in the budget under subdivision four of this
23 section.
24 § 29. The education law is amended by adding a new section 141 to read
25 as follows:
26 § 141. Disclosure of violations. The commissioner shall require that
27 upon the finding that a school district has violated any provision of
28 this chapter or rules and regulations of the commissioner, notice of
29 such violation shall be publicized by transmitting a description of the
30 commissioner's findings to the voters in a separate mailing. Such sepa-
31 rate mailing shall be mailed before the annual budget hearing but not
32 more than twenty-five days prior to such hearing. Further, notice of and
33 a description of each violation shall be read into the record at the
34 next succeeding annual budget hearing.
35 § 30. The education law is amended by adding a new section 319-a to
36 read as follows:
37 § 319-a. Protection of school employees who report information to the
38 office of educational accountability. Any school employee who in good
39 faith, believes, or has reasonable cause to believe, that the actions or
40 fiscal practices of a school district, or other local education agency
41 violates any local, state, federal law or rule and regulation, and
42 reports such information to the office of educational accountability, or
43 to law enforcement authorities, shall have immunity from any civil
44 liability that may arise from the making of such report, and no school
45 district, or employee thereof, or other local education agency, or
46 employee thereof shall take, request, or cause a retaliatory action
47 against any such employee who makes such report.
48 § 31. The tax law is amended by adding a new section 1621 to read as
49 follows:
50 § 1621. Video lottery franchise gaming. a. The division is hereby
51 authorized to license, pursuant to rules and regulations to be promul-
52 gated by the division, the operation and conduct of a lottery to be
53 known as video lottery franchise gaming to be conducted at up to eight
54 venues throughout the state, each requiring a separate license.
55 Licenses shall be awarded by the division on a competitive basis and
56 each proposed video lottery franchise location shall be subject to the
S. 1--B 18
1 approval of the division. Any entity, including but not limited to off
2 track betting corporations, which demonstrates to the satisfaction of
3 the division that it possesses the qualifications and expertise to oper-
4 ate video lottery franchise gaming shall be eligible to competitively
5 bid for one or more available licenses. Provided, however, that except
6 as otherwise authorized in this section, licenses may not be granted
7 pursuant to this section for locations within fifteen miles of any
8 facility licensed pursuant to section sixteen hundred seventeen-a of
9 this article; provided, however, that such restriction may be waived by
10 the division if any racetrack authorized to conduct video lottery gaming
11 pursuant to section sixteen hundred seventeen-a of this article has not
12 begun or is not scheduled to begin operating video lottery gaming on or
13 before April first, two thousand five. Notwithstanding any inconsistent
14 provision of law, video lottery franchise gaming at each approved
15 location pursuant to this section shall be deemed an approved activity
16 at such location under the relevant city, county, town, or village land
17 use or zoning ordinances, rules or regulations. No entity operating
18 video lottery franchise gaming pursuant to this section may house such
19 gaming activity in a structure deemed or approved by the division as
20 "temporary" for longer than eighteen months.
21 b. The division shall promulgate rules and regulations governing all
22 aspects of the operation and conduct of video lottery franchise gaming,
23 including but not limited to, the criteria for awarding such licenses,
24 establishing license fees, approving locations, setting agent fees and
25 establishing hours of operation, subject to the requirements of this
26 section. Criteria for awarding licenses shall include, but not be
27 limited to, maximizing financial support for education, timely implemen-
28 tation of video lottery franchise gaming, location and quality of the
29 facility and expertise of the applicant. Such rules and regulations may
30 be adopted on an emergency basis pursuant to section two hundred two of
31 the state administrative procedure act.
32 c. In consideration of its licensure and participation in video
33 lottery franchise gaming, each licensee shall pay a one-time license fee
34 to be established by the division for each license issued, to be paid
35 into the state treasury, to the credit of the state lottery fund created
36 by section ninety-two-c of the state finance law.
37 d. The specifications for video lottery franchise gaming shall be
38 designed in such a manner as to pay prizes that average no less than
39 ninety percent of sales.
40 e. Notwithstanding section one hundred twenty-one of the state finance
41 law, on or before the twentieth day of each month, the division shall
42 pay into the state treasury, to the credit of the state lottery fund
43 created by section ninety-two-c of the state finance law, the balance of
44 the total revenue after payout for prizes, less an amount equal to ten
45 percent of such revenue after payout of prizes to be retained by the
46 division for operation, administration and procurement purposes; and
47 less a lottery agent fee to be paid to each licensee at a rate, to be
48 established by such rules and regulations, not to exceed twenty percent
49 of total revenue wagered after payout of prizes at such agent facility
50 which will provide the maximum lottery support for education while also
51 ensuring the effective implementation of this section through reasonable
52 reimbursements and compensation to the licensees for participation in
53 video lottery franchise gaming.
54 f. The director shall be authorized to enter into contracts as an
55 agent of the state with private entities and non-profit racing associ-
56 ations licensed pursuant to this section and section sixteen hundred
S. 1--B 19
1 seventeen-a of this article to encourage the timely participation in
2 video lottery gaming. Such contracts may include a commitment by the
3 state that each video lottery gaming facility shall have the exclusive
4 right to operate such facility at its licensed location consistent with
5 the geographical restrictions contained in subdivision a of this section
6 for a term of ten years. Notwithstanding any other provision of law to
7 the contrary, an agreement by a video lottery gaming facility operator
8 to build and operate a licensed video lottery gaming facility shall be
9 deemed good and valid consideration for a commitment by the state for
10 such exclusive right to operate such facility.
11 g. Notwithstanding any law to the contrary, the division shall be
12 authorized to amend, upon negotiated agreement, competitively bid
13 contracts in force and valid on the effective date of this section in
14 connection with video lottery gaming authorized pursuant to section
15 sixteen hundred seventeen-a of this article to allow those contractors
16 to provide goods and services in furtherance of this section, and to
17 extend the terms of such contracts.
18 § 32. Subdivision b of section 1612 of the tax law, as amended by
19 section 3 of part W of chapter 63 of the laws of 2003, is amended to
20 read as follows:
21 b. Notwithstanding section one hundred twenty-one of the state finance
22 law, on or before the twentieth day of each month, the division shall:
23 (i) pay into the state treasury, to the credit of the state lottery fund
24 created by section ninety-two-c of the state finance law, not less than
25 forty-five percent of the total amount for which tickets have been sold
26 for games defined in paragraph four of subdivision a of this section
27 during the preceding month, not less than thirty-five percent of the
28 total amount for which tickets have been sold for games defined in para-
29 graph three of subdivision a of this section during the preceding month,
30 not less than twenty percent of the total amount for which tickets have
31 been sold for games defined in paragraph two of subdivision a of this
32 section during the preceding month, provided however that for games with
33 a prize payout of seventy-five percent of the total amount for which
34 tickets have been sold, the division shall pay not less than ten percent
35 of sales into the state treasury and not less than twenty-five percent
36 of the total amount for which tickets have been sold for games defined
37 in paragraph one of subdivision a of this section during the preceding
38 month; and (ii) pay into the state treasury, to the credit of a separate
39 account of the state lottery fund to be known as the sound basic educa-
40 tion account, which shall be kept separate and apart from all other
41 state lottery funds, the balance of the total revenue after payout for
42 prizes for games [known as "video lottery gaming,"] authorized pursuant
43 to section sixteen hundred seventeen-a of this article, less ten percent
44 of the total revenue wagered after payout for prizes to be retained by
45 the division for operation, administration, and procurement purposes;
46 and less a vendor's fee to be paid to the track operator at a rate of
47 twenty-nine percent of the total revenue wagered at the vendor track
48 after payout for prizes pursuant to this chapter, which amount shall be
49 paid to the operator of the racetrack for serving as a lottery agent
50 under this pilot program. In establishing the lottery agent fee, the
51 division shall ensure the maximum lottery support for education while
52 also ensuring the effective implementation of section sixteen hundred
53 seventeen-a of this article through the provision of reasonable
54 reimbursements and compensation to vendor tracks for participation in
55 such pilot program. Within twenty days after any award of lottery
56 prizes, the division shall pay into the state treasury, to the credit of
S. 1--B 20
1 the state lottery fund, the balance of all moneys received from the sale
2 of all tickets for the lottery in which such prizes were awarded remain-
3 ing after provision for the payment of prizes as herein provided. Any
4 revenues derived from the sale of advertising on lottery tickets shall
5 be deposited in the state lottery fund.
6 § 33. Section 3601 of the education law, as amended by section 30 of
7 part A of chapter 436 of the laws of 1997 and the opening paragraph as
8 amended by section 11 of part C of chapter 58 of the laws of 1998, is
9 amended to read as follows:
10 § 3601. When apportioned and how applied. 1. The amount annually
11 appropriated by the legislature for general support for public schools,
12 net of disallowances, refunds, reimbursements and credits, shall be
13 apportioned by the commissioner each year prior to the dates of the
14 respective final payments provided by law and all moneys so apportioned
15 shall be applied exclusively to school purposes authorized by law.
16 General state aid claims, on forms prescribed by the commissioner, shall
17 be submitted to the commissioner by September second of each school
18 year, except that the audit report required by subdivision three of
19 section twenty-one hundred sixteen-a of this chapter shall be submitted
20 to the commissioner by October first following the close of the school
21 year audited for all districts other than the city school districts of
22 the cities of Buffalo, Rochester, Syracuse, Yonkers and New York and by
23 January first following the close of the school year audited for such
24 city school districts, and except that aid claims on forms prescribed by
25 the commissioner for aids apportioned pursuant to subdivision six or
26 fourteen of section thirty-six hundred two of this article for current
27 year approved expenditures for debt service for school building purposes
28 related to bond anticipation notes and for bonds and capital notes
29 issued during the current year shall be submitted to the commissioner by
30 March first of the current year. No aid shall be paid to a school
31 district or board of cooperative educational services prior to the
32 submission of claims as required by the commissioner, except that no aid
33 certified as payable to a school district by the state board of real
34 property services pursuant to paragraph c of subdivision three of
35 section thirteen hundred six-a of the real property tax law shall be
36 withheld due to the failure of the school district to submit general
37 state aid claims required by the commissioner, and except that no aids
38 shall be withheld due to the failure of a school district to submit the
39 audit report required by subdivision three of section twenty-one hundred
40 sixteen-a of this chapter until the thirtieth day following the due date
41 specified in this section for such report, and provided that no aid
42 shall be paid to a school district prior to September first following
43 the end of the current school year for aid claims submitted after March
44 first of the current year for aids apportioned pursuant to subdivision
45 six or fourteen of section thirty-six hundred two of this article for
46 current year approved expenditures for debt service for school building
47 purposes related to bond anticipation notes and for bonds and capital
48 notes issued during the current year.
49 2. The amount annually appropriated by the legislature for general
50 support for public schools, net of disallowances, refunds, reimburse-
51 ments and credits, for the two thousand eight--two thousand nine school
52 year and thereafter shall not be less than nineteen billion six hundred
53 ninety million dollars ($19,690,000,000), subject to an appropriation
54 therefor. Of that amount, an amount not less than two billion dollars
55 ($2,000,000,000) shall be used in support of sound basic education aid.
S. 1--B 21
1 3. Any school district located in a city with a population of one
2 million or more shall document to the commissioner, in such form as the
3 commissioner shall require, that it has incurred expenditures funded by
4 city funds which exceed the city amount required pursuant to subdivision
5 five-a of section twenty-five hundred seventy-six of this chapter by an
6 amount equal to the apportionment paid to such district pursuant to
7 sound basic education aid in any and all years such district receives
8 such aid. Such additional amount shall be utilized in support of such
9 district's implementation of school improvement plans designed to ensure
10 that each poorly performing school operated by the school district has
11 adequate educational and fiscal resources to provide an opportunity for
12 a sound basic education. If such school district spends less in city
13 funds than the additional amount calculated pursuant to this subdivision
14 in support of implementation of such school improvement plans, it shall
15 have its apportionment pursuant to subdivision twelve or twelve-b of
16 section thirty-six hundred two of this part, as determined by the
17 commissioner, reduced in an amount equal to such deficiency in the
18 current year or the succeeding school year.
19 § 34. The education law is amended by adding a new section 3004-d to
20 read as follows:
21 § 3004-d. National board for professional teaching standards certif-
22 ication achievement grant program. 1. Notwithstanding any inconsistent
23 provision of law, the commissioner shall establish the national board
24 for professional teaching standards certification achievement grant
25 program, as that term is described in subdivision three of this section,
26 where such eligible teacher has been granted national board certif-
27 ication from the national board for professional teacher standards prior
28 to July first, two thousand ten.
29 2. As used in this section, "eligible teacher" shall mean a New York
30 state public school teacher who:
31 (a) is currently teaching in New York state;
32 (b) has graduated from an accredited college or university; and
33 (c) holds a valid New York state teaching certificate.
34 3. Under the provisions of this section and subject to the filing
35 requirement described in subdivision four of this section, a grant in an
36 amount of three thousand four hundred dollars shall be made available
37 from the national board for professional teaching standards certif-
38 ication achievement grant program to each eligible teacher who has been
39 granted certification by the national board for professional teaching
40 standards. Such sum shall be payable to such teachers for each of the
41 remaining years of their current national board certification, not to
42 exceed five years.
43 4. The commissioner shall be responsible for promulgating any regu-
44 lations necessary to effectuate the provisions of this section, includ-
45 ing:
46 (a) establishing within the department an application form and filing
47 deadline requirements to be utilized by eligible teachers applying for
48 the national board for professional teaching standards certification
49 achievement grant program;
50 (b) establishing a mechanism for processing and approving applications
51 within the department;
52 (c) establishing a mechanism to allocate grant awards to approved
53 eligible teachers.
54 § 35. Section 3612 of the education law is amended by adding a new
55 subdivision 6-a to read as follows:
S. 1--B 22
1 6-a. New York state teacher of the year award. a. Notwithstanding any
2 inconsistent provision of law, the commissioner shall establish the New
3 York state teacher of the year award fund, to be used by the department
4 to provide a grant to the designated New York state teacher of the year.
5 A one-time grant in an amount of ten thousand dollars shall be made
6 available from the New York state teacher of the year award fund to each
7 teacher who has been designated New York state teacher of the year by
8 the board of regents and is currently employed in a teaching capacity in
9 New York state.
10 b. The commissioner shall be responsible for promulgating any regu-
11 lations necessary to effectuate the provisions of this subdivision.
12 § 36. Section 2799-tt of the public authorities law, as renumbered by
13 chapter 297 of the laws of 2001, is renumbered section 2799-uu and a new
14 section 2799-tt is added to read as follows:
15 § 2799-tt. Additional bonds for an emergency school capital plan.
16 Notwithstanding any provision of this title or any other law to the
17 contrary, the authority is hereby authorized to issue bonds, notes or
18 other obligations in addition to those authorized by section twenty-sev-
19 en hundred ninety-nine-gg or section twenty-seven hundred ninety-nine-ss
20 of this title in an amount outstanding of up to two billion eight
21 hundred million dollars to pay all costs in the city's budget (whether
22 or not included or includable in the city's capital plan) which are, in
23 the judgment of the mayor, related to or arising from the distressed
24 needs pertaining to the educational facilities of the New York city
25 department of education. In addition to or in lieu of any revenues or
26 notes or other money that may be paid or payable to the authority, such
27 bonds, notes or other obligations may be secured by and payable from the
28 proceeds of other bonds, notes or other obligations of the authority or
29 federal aid related to or arising from a determination that such city
30 educational facilities are in a distressed state. In addition, the
31 authority may issue bonds, notes or other obligations without limita-
32 tions as to amount, secured solely by and payable solely from such
33 federal aid. The city, acting through the mayor, is hereby authorized to
34 assign the right to receive any such federal aid to the authority and,
35 after such assignment, the right to receive such aid shall be the prop-
36 erty of the authority. Bonds issued pursuant to this section shall have
37 a maximum maturity of up to thirty years.
38 § 37. This act shall take effect immediately.