Directs the commissioner of education to appoint a monitor for the Buffalo city school district; establishes the powers and duties of such monitor and certain other officers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11634A
SPONSOR: Rules (Rivera) TITLE OF BILL:
An act directing the commissioner of education to appoint a monitor for
the Buffalo city school district, establishing the powers and duties of
such monitor and certain other officers; and providing for the repeal of
certain provisions upon the expiration thereof
PURPOSE OF BILL:
AN ACT directing the commissioner of education to appoint a monitor for
the Buffalo city school district, establishing the powers and duties of
such monitor and certain other officers and relating to the apportion-
ment of aid to such school district; and providing for the repeal of
certain provisions upon the expiration thereof.
SUMMARY OF PROVISIONS:
Section 1. Definitions. As used in this act:
(a) "Commissioner" shall mean the commissioner of education;
(b) "Department" shall mean the state education department;
(c) "Board of education" or "board" shall mean the board of education of
the Buffalo city school district;
(d) "School district" or "district" shall mean the Buffalo city school
district;
(e) "Superintendent" shall mean the superintendent of the Buffalo city
school district;
(f) "Relatives" shall mean a Buffalo city school district board member's
spouse, domestic partner, child, stepchild, stepparent, or any person
who is a direct descendant of the grandparents of a current board member
or a board member's spouse or domestic partner; and
(g) "City" shall mean the city of Buffalo.
§ 2. Appointment of a monitor. The commissioner shall appoint one moni-
tor to provide oversight, guidance and technical assistance related to
the educational and fiscal policies, practices, programs and decisions
of the school district, the board of education and the superintendent.
1. The monitor, to the extent practicable, shall have experience in
school district finances and one or more of the following areas:
(a) elementary and secondary education;
(b) the operation of school districts in New York;
(c) educating students with disabilities; and
(d) educating English language learners.
2. The monitor shall be a non-voting ex-officio member of the board of
education. The monitor shall be an individual who is not a resident,
employee of the school district or relative of a board member of the
school district at the time of such monitor's appointment.
3. The reasonable and necessary expenses incurred by the monitor while
performing such monitor's official duties shall be paid by the school
district. Notwithstanding any other provision of law, the monitor shall
be entitled to defense and indemnification by the school district to the
same extent as a school district employee.
§ 3. Meetings.
1. The monitor shall be entitled to attend all meetings of the board,
including executive sessions; provided however, such monitor shall not
be considered for purposes of establishing a quorum of the board. The
school district shall fully cooperate with the monitor including, but
not limited to, providing such monitor with access to any necessary
documents and records of the district including access to electronic
information systems, databases and planning documents, consistent with
all applicable state and federal statutes including, but not limited to,
Family Education Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g) and
section 2-d of the education law.
2. The board, in consultation with the monitor, shall adopt a conflict
of interest policy that complies with all existing applicable laws,
rules and regulations that ensures its board members and administration
act in the school district's best interest and comply with applicable
legal requirements. The conflict of interest policy shall include, but
not be limited to:
(a) a definition of the circumstances that constitute a conflict of
interest;
(b) procedures for disclosing a conflict of interest to the board;
(c) a requirement that the person with the conflict of interest not be
present at or participate in board deliberations or votes on the matter
giving rise to such conflict, provided that nothing in this subdivision
shall prohibit the board from requesting that the person with the
conflict of interest present information as background or answer ques-
tions at a board meeting prior to the commencement of deliberations or
voting relating thereto;
(d) a prohibition against any attempt by the person with the conflict to
influence improperly the deliberation or voting on the matter giving
rise to such conflict; and
(e) a requirement that the existence and resolution of the conflict be
documented in the board's records, including in the minutes of any meet-
ing at which the conflict was discussed or voted upon.
3. In the event that the monitor finds that an adopted resolution or
motion, a proposed resolution or motion, or that the board's failure to
act violates state law, the rules of the board of regents, the regu-
lations of the commissioner, or is inconsistent with the terms of the
financial plan or academic improvement plan under this act, the monitor
may:
(a) override adopted or proposed resolutions or motions by the board
through the issuance of a directive which shall contain the specific
findings as to the necessity of such override and any potential correc-
tive action by the board that would address the deficiency in such
adopted or proposed resolution or motion. The monitor shall provide
written notice to the board, superintendent and commissioner of their
intention to override the adopted or proposed resolution or motion at
any time but in no event later than forty-eight hours after such resol-
ution or motion was adopted by the board unless the commissioner has
extended the period to override due to extenuating circumstances that
necessitate additional time. The override notice shall stay the
proceedings of the board on such adopted resolution or motion or, if the
notice is provided prior to action by the board, it shall remove such
proposed resolution or motion from consideration by the board pending
the issuance of a directive by the monitor. The monitor shall submit the
directive to the board, superintendent and the commissioner no later
than ten days following notice of such override. Upon the issuance of a
directive, the override of the board's adopted or proposed resoluti on
or motion shall be final and conclusive unless the monitor fails to
issue such directive within ten days or within such period established
by the monitor if the period was extended, withdraws such override, or
the commissioner overrules the monitor's override within ten days of the
issuance of the directive. The monitor may extend the period to submit
such directive, at intervals of ten additional days for each extension,
if the board, superintendent or school district employees fail to
provide all relevant information requested by the monitor related to the
adopted or proposed resolution or motion subject to such override within
forty-eight hours of such request.
(b) submit a resolution for adoption by the board. The resolution shall
be submitted to the clerk no later than forty-eight hours prior to the
next scheduled board meeting who shall cause the resolution to be placed
on the next board meeting agenda and a copy to be issued to the board,
superintendent and commissioner accompanied by specific findings as to
the necessity of such resolution. The monitor may direct the board to
meet at a date prior to their next scheduled board meeting to take up
such resolution. The monitor may withdraw the resolution prior to, or
during, the next board meeting, if the board takes sufficient action to
resolve the issues contained in the resolution. If the resolution is not
withdrawn, it shall be deemed to be adopted at the next board meeting
through its submission and shall have the full force and effect as any
other resolution adopted by the board.
(c) the monitor shall not override an adopted or proposed resolution or
motion or submit a resolution related to collective bargaining agree-
ments negotiated in accordance with article 14 of the civil service law.
(d) the monitor shall not override an adopted or proposed resolution or
motion or submit a resolution that would diminish mandated services to
non-public schools in violation of state or federal laws, rules or regu-
lations.
§ 4. Public hearings.
1. The monitor shall schedule three public hearings to be held within
sixty days of such monitor's appointment, which shall allow public
comment from the district's residents, students, parents, employees,
board members and administration.
(a) The first hearing shall take public comment on existing statutory
and regulatory authority of the commissioner, the department and the
board of regents regarding school district governance and intervention
under applicable state law and regulations, including but not limited
to, sections 306, 211-c, and 211-f of the education law.
(b) The second hearing shall take public comment on the academic
performance of the district.
(c) The third hearing shall take public comment on the fiscal perform-
ance of the district.
2. The board of education, the superintendent and the monitor shall
consider these public comments when developing the financial plan and
academic improvement plan under this act.
§ 5. Financial plan.
1. No later than November 1, 2027, the board of education, the super-
intendent and the monitor shall develop a proposed financial plan for
the 2027--2028 school year and the four subsequent school years. The
financial plan shall ensure that annual aggregate operating expenses
shall not exceed annual aggregate operating revenues for such school
year and that the major operating funds of the district be balanced in
accordance with generally accepted accounting principles, and shall
consider whether financial and budgetary functions of the district shall
be subject to a shared services agreement with the city. The financial
plan shall include statements of all estimated revenues, expenditures,
and cash flow projections of the district.
2. If the board of education and the monitor agree on all the elements
of the proposed financial plan, the board of education shall conduct a
public hearing on the plan and consider the input of the community. The
proposed financial plan shall be made public on the district's website
at least three business days before such public hearing. Once the
proposed financial plan has been approved by the board of education,
such plan shall be submitted by the monitor to the commissioner for
approval and shall be deemed approved for the purposes of this act.
3. If the board of education and the monitor do not agree on all the
elements of the proposed financial plan, the board of education shall
conduct a public hearing on the proposed plan that details the elements
of disagreement between the monitor and the board, including documented
justification for such disagreements and any requested amendments from
the monitor. The proposed financial plan, elements of disagreement, and
requested amendments shall be made public on the district's website at
least three business days before such public hearing. After considering
the input of the community, the board may alter the proposed financial
plan and the monitor may alter such monitor's requested amendments, and
the monitor shall submit the proposed financial plan, such monitor's
amendments to the plan, and documentation providing justification for
such disagreements and amendments to the commissioner no later than
December 1, 2027. By January 15, 2028, the commissioner shall approve
the proposed plan with any of the monitor's proposed amendments, or make
other modifications, such commissioner deems appropriate. The board of
education shall provide the commissioner with any information such
commissioner requests to approve such plan within three business days of
such request. Upon the approval of the commissioner, the financial plan
shall be deemed approved for purposes of this act.
§ 6. Academic improvement plan.
1. No later than November 1, 2027, the board of education, the super-
intendent and the monitor shall develop an academic improvement plan for
the district's 2027--2028 school year and the four subsequent school
years. The academic improvement plan shall contain a series of program-
matic recommendations designed to improve academic performance over the
period of the plan in those academic areas that the commissioner deems
to be in need of improvement which shall include addressing the
provisions contained in any action plan set forth by the department.
2. If the board of education and the monitor agree on all the elements
of the proposed academic improvement plan, the board of education shall
conduct a public hearing on the plan and consider the input of the
community. The proposed academic improvement plan shall be made public
on the district's website at least three business days before such
public hearing. Once the proposed academic improvement plan has been
approved by the board of education, such plan shall be submitted by the
monitor to the commissioner for approval and shall be deemed approved
for the purposes of this act.
3. If the board of education and the monitor do not agree on all the
elements of the proposed academic improvement plan, the board of educa-
tion shall conduct a public hearing on the proposed plan that details
the elements of disagreement between the monitor and the board, includ-
ing documented justification for such disagreements and any requested
amendments from the monitor. The proposed academic improvement plan,
elements of disagreement, and requested amendments shall be made public
on the district's website at least three business days before such
public hearing. After considering the input of the community, the board
may alter the proposed academic improvement plan and the monitor may
alter such monitor's requested amendments, and the monitor shall submit
the proposed academic improvement plan, such monitor's amendments to the
plan, and documentation providing justification for such disagreements
and amendments to the commissioner no later than December 1, 2027. By
January 15, 2028, the commissioner shall approve the proposed plan with
any of the monitor's proposed amendments, or make other modifications,
such commissioner deems appropriate. The board of education shall
provide the commissioner with any information such commissioner requests
to approve such plan within three business days of such request. Upon
the approval of the commissioner, the academic improvement plan shall be
deemed approved for purposes of this act.
§ 7. Fiscal and operational oversight.
1. Starting with the proposed budget for the 2028--2029 school year, the
board of education shall annually submit the school district's proposed
budget for the next succeeding school year to the monitor no later than
March first prior to the start of such next succeeding school year. The
monitor shall review the proposed budget to ensure that it is balanced
within the context of revenue and expenditure estimates and mandated
programs. The monitor shall also review the proposed budget to ensure
that it, to the greatest extent possible, is consistent with the
district academic improvement plan and financial plan developed and
approved pursuant to this act. The monitor shall present such monitor's
findings to the board of education and the commissioner no later than
forty-five days prior to the date scheduled for the board of education's
vote on the adoption of the final budget or the last date on which the
budget may be finally adopted, whichever is sooner. The commissioner
shall require the board of education to make amendments to the proposed
budget consistent with any recommendations made by the monitor if the
commissioner determines such amendments are necessary to comply with the
financial plan and academic improvement plan under this act. The school
district shall make avail- able on the district's website: the initial
proposed budget, the monitor's findings, and the final proposed budget
at least seven days prior to the date of the school district's budget
hearing. The board of education shall provide the commissioner with any
information such commissioner requests in order to make a determination
pursuant to this subdivision within three business days of such request.
2. The district shall provide quarterly reports to the monitor and annu-
al reports to the commissioner and the board of regents on the academic,
fiscal, and operational status of the school district. In addition, the
monitor shall provide semi-annual reports to the commissioner, board of
regents, the governor, the temporary president of the senate, and the
speaker of the assembly on the academic, fiscal, and operational status
of the school district. Such semi-annual report shall include all the
contracts that the district entered into throughout the year.
3. The monitor shall have the authority to disapprove travel outside the
state paid for by the district.
4. The monitor shall work with the district's shared decision-making
committee as defined in 8 NYCRR 100.11 in developing the academic
improvement plan, financial plan, district goals, implementation of
district priorities, and budgetary recommendations.
5. The monitor shall assist in resolving any disputes and conflicts,
including but not limited to, those between the superintendent and the
board of education and among the members of the board of education.
6. The monitor may recommend, and the board shall consider by vote of a
resolution at the next scheduled meeting of the board, cost saving meas-
ures including, but not limited to, shared service agreements.
§ 8. The commissioner may overrule any decision of the monitor, except
for collective bargaining agreements negotiated in accordance with arti-
cle 14 of the civil service law, if such commissioner deems that such
decision is not aligned with the financial plan, academic improvement
plan or school district's budget.
§ 9. The monitor may notify the commissioner and the board in writing
when such monitor deems the district is violating an element of the
financial plan or academic improvement plan in this act. Within twenty
days, the commissioner shall determine whether the district is in
violation of any of the elements of the financial plan or academic
improvement plan highlighted by the monitor and shall order the district
to comply immediately with the plan and remedy any such violation. The
school district shall suspend all actions related to the potential
violation of the financial plan or academic improvement plan until the
commissioner issues a determination.
§ 10. Nothing in this act shall be construed to abrogate the duties and
responsibilities of the school district consistent with applicable state
law and regulations.
§ 11. (1.) On or before the first day of each month beginning in July
2027 and ending in June 2057, the chief fiscal officer and the super-
intendent of schools of the Buffalo city school district shall prepare
and submit to the board of education a report of the fiscal condition of
the school district, including but not limited to the most current
available data on fund balances on funds maintained by the school
district and the district's use of the apportionments provided pursuant
to subdivisions a and b of this section.
(2.) Such monthly report shall be in a format prescribed by the commis-
sioner of education. The board of education shall either reject and
return the report to the chief fiscal officer and the superintendent of
schools for appropriate revisions and resubmittal or shall approve the
report and submit copies to the commissioner of education and the state
comptroller of such approved report as submitted or resubmitted.
(3.) In the 2026-2027 through 2055-2056 school years, the chief fiscal
officer of the Buffalo city school district shall monitor all budgets
and for each budget, shall prepare a quarterly report of summarized
budget data depicting overall trends of actual revenues and budget
expenditures for the entire budget as well as individual line items.
Such report shall compare revenue estimates and appropriations as set
forth in such budget with the actual revenues and expenditures made to
date. All quarterly reports shall be accompanied by a recommendation
from the superintendent of schools or chief fiscal officer to the board
of education setting forth any remedial actions necessary to resolve any
unfavorable budget variance including the overestimation of revenue and
underestimation of appropriations. The chief fiscal officer shall also
prepare, as part of such report, a quarterly trial balance of general
ledger accounts in accordance with generally accepted accounting princi-
ples as prescribed by the state comptroller. All reports shall be
completed within sixty days after the end of each quarter and shall be
submitted to the chief fiscal officer and the board of education of the
Buffalo city school district, the state division of budget, the office
of the state comptroller, the commissioner of education, the chair of
the assembly ways and means committee and the chair of the senate
finance committee.
§ 12. This act shall take effect immediately, provided, however, that
sections two, three, four, five, six, seven, eight, nine and ten of this
act shall expire and be deemed repealed June 30, 2030; and provided
further, however, that sections one and eleven of this act shall expire
and be deemed repealed June 30, 2056.
JUSTIFICATION:
The Buffalo City School District is at a critical crossroads. As New
York State's second-largest school district, Buffalo Public Schools
serves tens of thousands of students, many of whom face significant
economic and educational challenges. Yet despite receiving substantial
state support and resources, the district continues to face persistent
academic struggles, increasing fiscal instability, and growing concerns
regarding governance and public accountability. These circumstances
warrant enhanced state oversight to protect the interests of students,
taxpayers, educators, and families.
Most immediately, the district is confronting a severe financial crisis.
The Board of Education recently adopted a $1.4 billion budget that
contained a deficit exceeding $60 million, requiring the district to
rely on reserve funds to balance its finances. Without meaningful inter-
vention and oversight, the district risks continued financial deteri-
oration that could ultimately jeopardize educational services and
student outcomes.
The district's fiscal challenges have already begun to impact students
and school operations. In recent months, district leadership approved
significant staffing reductions, including the elimination of dozens of
positions at the central office, while simultaneously increasing class
sizes, reducing specialized instructional supports in mathematics and
English language arts, and initiating discussions regarding the closure
of multiple school buildings. These decisions have generated significant
concern among parents, educators, and community stakeholders regarding
the district's ability to maintain educational quality while managing
its financial obligations.
The challenges facing Buffalo Public Schools are not solely financial.
The district continues to confront longstanding academic performance
concerns and achievement gaps that disproportionately impact students
from historically underserved communities. Addressing these challenges
requires a coordinated, long-term strategy that aligns educational
priorities with fiscal realities and ensures that scarce resources are
directed toward evidence-based interventions that improve student
outcomes.
This legislation draws upon a proven model already utilized elsewhere in
New York State. State monitors have successfully provided oversight,
technical assistance, fiscal review, and strategic planning support in
other districts experiencing significant governance, financial, or
academic challenges. The purpose of a State Monitor is not to supplant
local control, but rather to strengthen local decision-making through
independent oversight, enhanced transparency, and accountability mech-
anisms that ensure district actions are aligned with educational and
fiscal best practices.
The bill establishes a temporary framework for state oversight that
respects the authority of locally elected officials while providing
meaningful safeguards to ensure responsible governance. The monitor will
work collaboratively with the Board of Education, Superintendent,
parents, educators, and community stakeholders to develop comprehensive
five-year financial and academic improvement plans. The monitor will
also provide ongoing review of district budgets, fiscal practices,
governance decisions, and operational performance while ensuring greater
transparency through public reporting requirements and community engage-
ment.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None,
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11634--A
IN ASSEMBLY
July 29, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rivera) --
read once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT directing the commissioner of education to appoint a monitor for
the Buffalo city school district, establishing the powers and duties
of such monitor and certain other officers; and providing for the
repeal of certain provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Definitions. As used in this act:
2 (a) "Commissioner" shall mean the commissioner of education;
3 (b) "Department" shall mean the state education department;
4 (c) "Board of education" or "board" shall mean the board of education
5 of the Buffalo city school district;
6 (d) "School district" or "district" shall mean the Buffalo city school
7 district;
8 (e) "Superintendent" shall mean the superintendent of the Buffalo city
9 school district;
10 (f) "Relatives" shall mean a Buffalo city school district board
11 member's spouse, domestic partner, child, stepchild, stepparent, or any
12 person who is a direct descendant of the grandparents of a current board
13 member or a board member's spouse or domestic partner; and
14 (g) "City" shall mean the city of Buffalo.
15 § 2. Appointment of a monitor. The commissioner shall appoint one
16 monitor to provide oversight, guidance and technical assistance related
17 to the educational and fiscal policies, practices, programs and deci-
18 sions of the school district, the board of education and the superinten-
19 dent.
20 1. The monitor, to the extent practicable, shall have experience in
21 school district finances and one or more of the following areas:
22 (a) elementary and secondary education;
23 (b) the operation of school districts in New York;
24 (c) educating students with disabilities; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16175-03-6
A. 11634--A 2
1 (d) educating English language learners.
2 2. The monitor shall be a non-voting ex-officio member of the board of
3 education. The monitor shall be an individual who is not a resident,
4 employee of the school district or relative of a board member of the
5 school district at the time of such monitor's appointment.
6 3. The reasonable and necessary expenses incurred by the monitor while
7 performing such monitor's official duties shall be paid by the school
8 district. Notwithstanding any other provision of law, the monitor shall
9 be entitled to defense and indemnification by the school district to the
10 same extent as a school district employee.
11 § 3. Meetings. 1. The monitor shall be entitled to attend all meetings
12 of the board, including executive sessions; provided however, such moni-
13 tor shall not be considered for purposes of establishing a quorum of the
14 board. The school district shall fully cooperate with the monitor
15 including, but not limited to, providing such monitor with access to any
16 necessary documents and records of the district including access to
17 electronic information systems, databases and planning documents,
18 consistent with all applicable state and federal statutes including, but
19 not limited to, Family Education Rights and Privacy Act (FERPA) (20
20 U.S.C. § 1232g) and section 2-d of the education law.
21 2. The board, in consultation with the monitor, shall adopt a conflict
22 of interest policy that complies with all existing applicable laws,
23 rules and regulations that ensures its board members and administration
24 act in the school district's best interest and comply with applicable
25 legal requirements. The conflict of interest policy shall include, but
26 not be limited to:
27 (a) a definition of the circumstances that constitute a conflict of
28 interest;
29 (b) procedures for disclosing a conflict of interest to the board;
30 (c) a requirement that the person with the conflict of interest not be
31 present at or participate in board deliberations or votes on the matter
32 giving rise to such conflict, provided that nothing in this subdivision
33 shall prohibit the board from requesting that the person with the
34 conflict of interest present information as background or answer ques-
35 tions at a board meeting prior to the commencement of deliberations or
36 voting relating thereto;
37 (d) a prohibition against any attempt by the person with the conflict
38 to influence improperly the deliberation or voting on the matter giving
39 rise to such conflict; and
40 (e) a requirement that the existence and resolution of the conflict be
41 documented in the board's records, including in the minutes of any meet-
42 ing at which the conflict was discussed or voted upon.
43 3. In the event that the monitor finds that an adopted resolution or
44 motion, a proposed resolution or motion, or that the board's failure to
45 act violates state law, the rules of the board of regents, the regu-
46 lations of the commissioner, or is inconsistent with the terms of the
47 financial plan or academic improvement plan under this act, the monitor
48 may:
49 (a) override adopted or proposed resolutions or motions by the board
50 through the issuance of a directive which shall contain the specific
51 findings as to the necessity of such override and any potential correc-
52 tive action by the board that would address the deficiency in such
53 adopted or proposed resolution or motion. The monitor shall provide
54 written notice to the board, superintendent and commissioner of their
55 intention to override the adopted or proposed resolution or motion at
56 any time but in no event later than forty-eight hours after such resol-
A. 11634--A 3
1 ution or motion was adopted by the board unless the commissioner has
2 extended the period to override due to extenuating circumstances that
3 necessitate additional time. The override notice shall stay the
4 proceedings of the board on such adopted resolution or motion or, if the
5 notice is provided prior to action by the board, it shall remove such
6 proposed resolution or motion from consideration by the board pending
7 the issuance of a directive by the monitor. The monitor shall submit the
8 directive to the board, superintendent and the commissioner no later
9 than ten days following notice of such override. Upon the issuance of a
10 directive, the override of the board's adopted or proposed resolution or
11 motion shall be final and conclusive unless the monitor fails to issue
12 such directive within ten days or within such period established by the
13 monitor if the period was extended, withdraws such override, or the
14 commissioner overrules the monitor's override within ten days of the
15 issuance of the directive. The monitor may extend the period to submit
16 such directive, at intervals of ten additional days for each extension,
17 if the board, superintendent or school district employees fail to
18 provide all relevant information requested by the monitor related to the
19 adopted or proposed resolution or motion subject to such override within
20 forty-eight hours of such request.
21 (b) submit a resolution for adoption by the board. The resolution
22 shall be submitted to the clerk no later than forty-eight hours prior to
23 the next scheduled board meeting who shall cause the resolution to be
24 placed on the next board meeting agenda and a copy to be issued to the
25 board, superintendent and commissioner accompanied by specific findings
26 as to the necessity of such resolution. The monitor may direct the board
27 to meet at a date prior to their next scheduled board meeting to take up
28 such resolution. The monitor may withdraw the resolution prior to, or
29 during, the next board meeting, if the board takes sufficient action to
30 resolve the issues contained in the resolution. If the resolution is not
31 withdrawn, it shall be deemed to be adopted at the next board meeting
32 through its submission and shall have the full force and effect as any
33 other resolution adopted by the board.
34 (c) the monitor shall not override an adopted or proposed resolution
35 or motion or submit a resolution related to collective bargaining agree-
36 ments negotiated in accordance with article 14 of the civil service law.
37 (d) the monitor shall not override an adopted or proposed resolution
38 or motion or submit a resolution that would diminish mandated services
39 to non-public schools in violation of state or federal laws, rules or
40 regulations.
41 § 4. Public hearings. 1. The monitor shall schedule three public hear-
42 ings to be held within sixty days of such monitor's appointment, which
43 shall allow public comment from the district's residents, students,
44 parents, employees, board members and administration.
45 (a) The first hearing shall take public comment on existing statutory
46 and regulatory authority of the commissioner, the department and the
47 board of regents regarding school district governance and intervention
48 under applicable state law and regulations, including but not limited
49 to, sections 306, 211-c, and 211-f of the education law.
50 (b) The second hearing shall take public comment on the academic
51 performance of the district.
52 (c) The third hearing shall take public comment on the fiscal perform-
53 ance of the district.
54 2. The board of education, the superintendent and the monitor shall
55 consider these public comments when developing the financial plan and
56 academic improvement plan under this act.
A. 11634--A 4
1 § 5. Financial plan. 1. No later than November 1, 2027, the board of
2 education, the superintendent and the monitor shall develop a proposed
3 financial plan for the 2027--2028 school year and the four subsequent
4 school years. The financial plan shall ensure that annual aggregate
5 operating expenses shall not exceed annual aggregate operating revenues
6 for such school year and that the major operating funds of the district
7 be balanced in accordance with generally accepted accounting principles,
8 and shall consider whether financial and budgetary functions of the
9 district shall be subject to a shared services agreement with the city.
10 The financial plan shall include statements of all estimated revenues,
11 expenditures, and cash flow projections of the district.
12 2. If the board of education and the monitor agree on all the elements
13 of the proposed financial plan, the board of education shall conduct a
14 public hearing on the plan and consider the input of the community. The
15 proposed financial plan shall be made public on the district's website
16 at least three business days before such public hearing. Once the
17 proposed financial plan has been approved by the board of education,
18 such plan shall be submitted by the monitor to the commissioner for
19 approval and shall be deemed approved for the purposes of this act.
20 3. If the board of education and the monitor do not agree on all the
21 elements of the proposed financial plan, the board of education shall
22 conduct a public hearing on the proposed plan that details the elements
23 of disagreement between the monitor and the board, including documented
24 justification for such disagreements and any requested amendments from
25 the monitor. The proposed financial plan, elements of disagreement, and
26 requested amendments shall be made public on the district's website at
27 least three business days before such public hearing. After considering
28 the input of the community, the board may alter the proposed financial
29 plan and the monitor may alter such monitor's requested amendments, and
30 the monitor shall submit the proposed financial plan, such monitor's
31 amendments to the plan, and documentation providing justification for
32 such disagreements and amendments to the commissioner no later than
33 December 1, 2027. By January 15, 2028, the commissioner shall approve
34 the proposed plan with any of the monitor's proposed amendments, or make
35 other modifications, such commissioner deems appropriate. The board of
36 education shall provide the commissioner with any information such
37 commissioner requests to approve such plan within three business days of
38 such request. Upon the approval of the commissioner, the financial plan
39 shall be deemed approved for purposes of this act.
40 § 6. Academic improvement plan. 1. No later than November 1, 2027, the
41 board of education, the superintendent and the monitor shall develop an
42 academic improvement plan for the district's 2027--2028 school year and
43 the four subsequent school years. The academic improvement plan shall
44 contain a series of programmatic recommendations designed to improve
45 academic performance over the period of the plan in those academic areas
46 that the commissioner deems to be in need of improvement which shall
47 include addressing the provisions contained in any action plan set forth
48 by the department.
49 2. If the board of education and the monitor agree on all the elements
50 of the proposed academic improvement plan, the board of education shall
51 conduct a public hearing on the plan and consider the input of the
52 community. The proposed academic improvement plan shall be made public
53 on the district's website at least three business days before such
54 public hearing. Once the proposed academic improvement plan has been
55 approved by the board of education, such plan shall be submitted by the
A. 11634--A 5
1 monitor to the commissioner for approval and shall be deemed approved
2 for the purposes of this act.
3 3. If the board of education and the monitor do not agree on all the
4 elements of the proposed academic improvement plan, the board of educa-
5 tion shall conduct a public hearing on the proposed plan that details
6 the elements of disagreement between the monitor and the board, includ-
7 ing documented justification for such disagreements and any requested
8 amendments from the monitor. The proposed academic improvement plan,
9 elements of disagreement, and requested amendments shall be made public
10 on the district's website at least three business days before such
11 public hearing. After considering the input of the community, the board
12 may alter the proposed academic improvement plan and the monitor may
13 alter such monitor's requested amendments, and the monitor shall submit
14 the proposed academic improvement plan, such monitor's amendments to the
15 plan, and documentation providing justification for such disagreements
16 and amendments to the commissioner no later than December 1, 2027. By
17 January 15, 2028, the commissioner shall approve the proposed plan with
18 any of the monitor's proposed amendments, or make other modifications,
19 such commissioner deems appropriate. The board of education shall
20 provide the commissioner with any information such commissioner requests
21 to approve such plan within three business days of such request. Upon
22 the approval of the commissioner, the academic improvement plan shall be
23 deemed approved for purposes of this act.
24 § 7. Fiscal and operational oversight. 1. Starting with the proposed
25 budget for the 2028--2029 school year, the board of education shall
26 annually submit the school district's proposed budget for the next
27 succeeding school year to the monitor no later than March first prior to
28 the start of such next succeeding school year. The monitor shall review
29 the proposed budget to ensure that it is balanced within the context of
30 revenue and expenditure estimates and mandated programs. The monitor
31 shall also review the proposed budget to ensure that it, to the greatest
32 extent possible, is consistent with the district academic improvement
33 plan and financial plan developed and approved pursuant to this act. The
34 monitor shall present such monitor's findings to the board of education
35 and the commissioner no later than forty-five days prior to the date
36 scheduled for the board of education's vote on the adoption of the final
37 budget or the last date on which the budget may be finally adopted,
38 whichever is sooner. The commissioner shall require the board of educa-
39 tion to make amendments to the proposed budget consistent with any
40 recommendations made by the monitor if the commissioner determines such
41 amendments are necessary to comply with the financial plan and academic
42 improvement plan under this act. The school district shall make avail-
43 able on the district's website: the initial proposed budget, the moni-
44 tor's findings, and the final proposed budget at least seven days prior
45 to the date of the school district's budget hearing. The board of educa-
46 tion shall provide the commissioner with any information such commis-
47 sioner requests in order to make a determination pursuant to this subdi-
48 vision within three business days of such request.
49 2. The district shall provide quarterly reports to the monitor and
50 annual reports to the commissioner and the board of regents on the
51 academic, fiscal, and operational status of the school district. In
52 addition, the monitor shall provide semi-annual reports to the commis-
53 sioner, board of regents, the governor, the temporary president of the
54 senate, and the speaker of the assembly on the academic, fiscal, and
55 operational status of the school district. Such semi-annual report
A. 11634--A 6
1 shall include all the contracts that the district entered into through-
2 out the year.
3 3. The monitor shall have the authority to disapprove travel outside
4 the state paid for by the district.
5 4. The monitor shall work with the district's shared decision-making
6 committee as defined in 8 NYCRR 100.11 in developing the academic
7 improvement plan, financial plan, district goals, implementation of
8 district priorities, and budgetary recommendations.
9 5. The monitor shall assist in resolving any disputes and conflicts,
10 including but not limited to, those between the superintendent and the
11 board of education and among the members of the board of education.
12 6. The monitor may recommend, and the board shall consider by vote of
13 a resolution at the next scheduled meeting of the board, cost saving
14 measures including, but not limited to, shared service agreements.
15 § 8. The commissioner may overrule any decision of the monitor, except
16 for collective bargaining agreements negotiated in accordance with arti-
17 cle 14 of the civil service law, if such commissioner deems that such
18 decision is not aligned with the financial plan, academic improvement
19 plan or school district's budget.
20 § 9. The monitor may notify the commissioner and the board in writing
21 when such monitor deems the district is violating an element of the
22 financial plan or academic improvement plan in this act. Within twenty
23 days, the commissioner shall determine whether the district is in
24 violation of any of the elements of the financial plan or academic
25 improvement plan highlighted by the monitor and shall order the district
26 to comply immediately with the plan and remedy any such violation. The
27 school district shall suspend all actions related to the potential
28 violation of the financial plan or academic improvement plan until the
29 commissioner issues a determination.
30 § 10. Nothing in this act shall be construed to abrogate the duties
31 and responsibilities of the school district consistent with applicable
32 state law and regulations.
33 § 11. This act shall take effect immediately, provided, however, that
34 sections two, three, four, five, six, seven, eight, nine and ten of this
35 act shall expire and be deemed repealed June 30, 2030; and provided
36 further, however, that section one of this act shall expire and be
37 deemed repealed June 30, 2056.
