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A00364 Summary:

Add §3615, Ed L
Establishes the bilingual teachers of tomorrow teacher recruitment and retention program to attract and retain bilingual, certified teachers in areas of greatest need, especially schools under registration review; provides for grants and procedures for applying for such grants and eligibility requirements for fund distribution.
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A00364 Actions:

01/06/2023referred to education
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A00364 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the education law, in relation to establishing the bilingual teachers of tomorrow teacher recruitment and retention program   PURPOSE OR GENERAL IDEA OF BILL: To set forth requirements and guidelines for the Bilingual Teachers of Tomorrow Recruitment and Retention Program.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Adds the following provisions to section 3614 and defines key terms and specifies funding allocation, requirements, restrictions, incentive for recruitment of new teachers with the grant monies, and eligibility requirements for fund distribution requirements. Section 2. Specifies time frame for implementation.   JUSTIFICATION: This bill will enfranchise a segment of the population that would bene- fit from this type of funding.   PRIOR LEGISLATIVE HISTORY: 2019-20:S5027 -Referred to Education 2017-18:S2700-REFERRED TO EDUCATION 2015-16:S.2867- Referred to Education 2013-14:S.3093- Referred to Education 2011-12:S..1160- Referred to Education 2009-10: S.2543/A.4461 - Referred to Education 2007-08: S.2713/A.4872 2005-06: A.4384 2003-04: A.5309 2001-02: A.5986   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A00364 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2023
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Education
        AN ACT to amend the education  law,  in  relation  to  establishing  the
          bilingual  teachers  of  tomorrow  teacher  recruitment  and retention
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The education law is amended by adding a new section 3615
     2  to read as follows:
     3    §  3615.  Bilingual  teachers  of  tomorrow  teacher  recruitment  and
     4  retention program. 1. Definitions. a. The term "bilingual teacher short-
     5  age  area"  means  a  public school or subject area in which there was a
     6  shortage of bilingual, certified teachers in the  previous  school  year
     7  and  there  is a projected shortage in the current school year as deter-
     8  mined by the commissioner.
     9    b. The term "bilingual, certified teacher" means a teacher who holds a
    10  permanent or professional state teaching certificate appropriate to  the
    11  teaching position, including the subject area if applicable, in which he
    12  or she is to be employed and who is fully qualified to teach in a bilin-
    13  gual education program.
    14    c.  The  term  "school  district"  shall  mean  a  common, union free,
    15  central, central high school, or city school district.
    16    d. The term "board of education" shall mean the governing board of any
    17  public school or public school district defined in paragraph c  of  this
    18  subdivision.
    19    e. The term "low-performing, limited English proficiency school" shall
    20  mean  a  school  building which is under registration review or a school
    21  building performing significantly below state standards  as  defined  by
    22  the  commissioner  and  which  has  a  substantial proportion of limited
    23  English proficiency pupils, as determined by the commissioner.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 364                              2
     1    f. The term "year of service" shall  mean  ten  months  of  continuous
     2  full-time service as a teacher during a school year, generally occurring
     3  between September first and June thirtieth.
     4    2.  Application  and  funding.  a.  Grants  shall  be  made  to school
     5  districts for bilingual, certified  teacher  recruitment  and  retention
     6  activities  necessary  to  increase  the  supply of bilingual, certified
     7  teachers in school districts experiencing a bilingual, certified teacher
     8  shortage in accordance with subdivision three of  this  section  and  in
     9  school districts containing a low-performing, limited English proficien-
    10  cy school.
    11    b. Such grants shall be awarded to school districts, within the limits
    12  of funds appropriated therefor, through a competitive process that takes
    13  into consideration the magnitude of any shortage of bilingual, certified
    14  teachers  in  the  school  district,  the fiscal capacity and geographic
    15  sparsity of the district, and the number  of  new  bilingual,  certified
    16  teachers  the school district intends to hire in the coming school year.
    17  Grants provided pursuant to this section shall  be  used  only  for  the
    18  purposes enumerated in this section.
    19    c. Not more than sixty percent of the funds allocated pursuant to this
    20  section  shall be made available to any one school district and provided
    21  further that a city school district in a city with populations in excess
    22  of one million inhabitants may, notwithstanding any other  provision  of
    23  this  section, allocate a portion of the grant received pursuant to this
    24  section for bilingual, certified teacher recruitment and outreach activ-
    25  ities provided that any  allocation  for  bilingual,  certified  teacher
    26  recruitment  and  outreach activities shall not exceed two hundred twen-
    27  ty-five thousand dollars.
    28    d. In allocating grants pursuant to this section,  a  school  district
    29  shall give priority in the following order:
    30    (1) first, to a school under registration review that is designated as
    31  a bilingual teacher shortage area;
    32    (2) second, to any low-performing, limited English proficiency school;
    33  and
    34    (3)  third,  to  any  school that is designated as a bilingual teacher
    35  shortage area.
    36    e. Any school district receiving funds under this section shall  main-
    37  tain  any  local effort in the current year equivalent to such effort in
    38  the base year for any  local  program  related  to  the  recruitment  or
    39  retention  of teachers or any program that has purposes that are similar
    40  to any purpose of this section or the district  shall  provide  a  local
    41  match  to  state  funds  received  pursuant to this section. State funds
    42  provided pursuant to this section shall not supplant local funds for any
    43  purpose similar to the purposes of this section.
    44    f. Applications by a school district  for  funding  pursuant  to  this
    45  section  shall  be  filed with the commissioner, in a form determined by
    46  the commissioner, by June first of the base year  and  school  districts
    47  shall  be  notified  of  their grant award by June thirtieth of the base
    48  year, provided that in any year such application and award dates may  be
    49  modified  by  the  commissioner for the reasonable administration of the
    50  program. Such application shall include a plan by  the  school  district
    51  for  the expenditure of the funds in each category of allowable expenses
    52  authorized by subdivision three of this section, and  such  expenditures
    53  shall be consistent with such plan and the provisions of this section.
    54    g.  A  person  receiving  an award pursuant to any subdivision of this
    55  section shall not be eligible for an award pursuant to any other  subdi-
    56  vision of this section in a school year.

        A. 364                              3
     1    3.  Bilingual  teachers  of  tomorrow  teacher  recruitment  incentive
     2  program.  Bilingual teachers of tomorrow teacher  recruitment  incentive
     3  awards  may  be available to teachers pursuant to the provisions of this
     4  subdivision to attract teachers to employment in bilingual teacher shor-
     5  tage areas.
     6    a.  Eligibility. To be eligible for an award pursuant to this subdivi-
     7  sion, an applicant shall:
     8    (1) be a bilingual, certified teacher;
     9    (2) agree to a service obligation of one year of service in  a  bilin-
    10  gual teacher shortage area as a condition of receiving an award pursuant
    11  to this subdivision; and
    12    (3)  be  employed for the first time as a bilingual, certified teacher
    13  in the school district.
    14    b. Application and selection. (1) The board of education shall  deter-
    15  mine  the form of the application and the application process for teach-
    16  ers deemed eligible for the award, and shall in  its  discretion  select
    17  the  number of eligible applicants who will receive an award pursuant to
    18  this subdivision.
    19    (2) If the number of eligible applicants exceeds the number of  awards
    20  determined  by  the  board  pursuant to this subdivision, then the board
    21  shall use an objective competitive process based on  educational  quali-
    22  fications to determine which eligible applicants shall receive awards.
    23    c.  Payment  of  awards.  (1) Annual awards from state and local funds
    24  provided for this purpose shall be paid by the board of education to the
    25  award recipient. Award recipients shall be entitled  to  receive  awards
    26  pursuant  to the provisions of this subdivision and such awards shall be
    27  in addition to and not part of any award recipient's base salary.
    28    (2) The initial annual award shall be ten thousand dollars,  and  such
    29  initial  award  may  be  renewable each year, for up to three additional
    30  years, provided that the recipient agrees to one year of  service  as  a
    31  full-time  bilingual,  certified teacher in a bilingual teacher shortage
    32  area for each year of a renewed  award  and  has  provided  satisfactory
    33  service  in  any  prior  year  in  which an initial or renewed award was
    34  granted to the recipient. No awards shall be  made  for  less  than  one
    35  school  year  of  service  and the sum of any initial and renewed awards
    36  shall not exceed forty thousand dollars.
    37    Awards made pursuant to this subdivision shall be  used  to  reimburse
    38  any  educational costs, including those for which student loans may have
    39  been taken, incurred by the recipient prior to receipt of the award  for
    40  certification as a teacher in the public schools of the state.
    41    (3)  The  board  of  education shall develop and secure from the award
    42  recipient a written agreement outlining  the  service  obligation.  Such
    43  agreement shall include provisions for the recipient to repay the amount
    44  of  the  award to the school district if the recipient fails to complete
    45  his or her service obligation in any year where an  initial  or  renewed
    46  award  is  granted,  and  such repaid amounts shall be deducted from any
    47  grant amounts due to the  district  from  the  state  pursuant  to  this
    48  section.    Upon  a  written  appeal by an award recipient, the board of
    49  education,  in  its  discretion,  may  provide  a  waiver  of  repayment
    50  provisions  for  an  award  recipient  who  fails to complete his or her
    51  service requirement for documented reasons of  health  or  other  severe
    52  hardship, as determined by the commissioner.
    53    d.  Notification.  The board of education shall notify both successful
    54  and unsuccessful applicants by September first of any  school  year  for
    55  which  an  initial  or renewed award is provided to teachers pursuant to
    56  this subdivision.

        A. 364                              4
     1    4. Reporting. By November  first  following  the  completion  of  each
     2  school  year,  the  commissioner  shall  report  to the governor and the
     3  legislature  regarding  the  bilingual  teachers  of  tomorrow   teacher
     4  recruitment  and retention program. Such report shall list the amount of
     5  each school district's total grant pursuant to this section, the uses of
     6  the grant by each eligible category of expense, and the number of awards
     7  granted  by type pursuant to this section, as well as an analysis of the
     8  effectiveness of the program  in  recruiting  and  retaining  bilingual,
     9  certified  teachers  in  the  public  schools of the state designated as
    10  bilingual teacher shortage areas.
    11    § 2. This act shall take effect immediately.
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