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S09460 Summary:

BILL NOS09460
 
SAME ASSAME AS A10498
 
SPONSORLIU
 
COSPNSRJACKSON, PARKER
 
MLTSPNSR
 
Amd §211-d, Ed L
 
Makes modifications to the contract for excellence in a city school district in a city having a population of one million or more.
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S09460 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9460
 
                    IN SENATE
 
                                      May 30, 2022
                                       ___________
 
        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on New York City Education
 
        AN ACT to amend the education law,  in  relation  to  the  contract  for
          excellence  in a city school district in a city having a population of
          one million or more inhabitants
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
     2  tion law, as amended by section 1 of part A of chapter 56 of the laws of
     3  2022, is amended to read as follows:
     4    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
     5  district that submitted a contract for excellence for the  two  thousand
     6  eight--two  thousand nine school year shall submit a contract for excel-
     7  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
     8  conformity  with the requirements of subparagraph (vi) of paragraph a of
     9  subdivision two of this section unless all schools in the  district  are
    10  identified  as  in  good  standing  and  provided further that, a school
    11  district that submitted a contract for excellence for the  two  thousand
    12  nine--two  thousand  ten school year, unless all schools in the district
    13  are identified as in good standing, shall submit a contract  for  excel-
    14  lence for the two thousand eleven--two thousand twelve school year which
    15  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    16  graph a of subdivision two of this section, provide for the  expenditure
    17  of  an  amount  which  shall  be not less than the product of the amount
    18  approved by the commissioner in the contract for excellence for the  two
    19  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    20  district's gap elimination adjustment percentage  and  provided  further
    21  that, a school district that submitted a contract for excellence for the
    22  two thousand eleven--two thousand twelve school year, unless all schools
    23  in  the  district  are  identified  as  in good standing, shall submit a
    24  contract for excellence for the two thousand twelve--two thousand  thir-
    25  teen  school  year  which  shall,  notwithstanding  the  requirements of
    26  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    27  provide  for  the  expenditure of an amount which shall be not less than
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16015-03-2

        S. 9460                             2
 
     1  the amount approved by the commissioner in the contract  for  excellence
     2  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
     3  provided further that, a school district that submitted a  contract  for
     4  excellence  for  the  two  thousand twelve--two thousand thirteen school
     5  year, unless all schools in the  district  are  identified  as  in  good
     6  standing,  shall  submit  a contract for excellence for the two thousand
     7  thirteen--two thousand fourteen school year which shall, notwithstanding
     8  the requirements of subparagraph (vi) of paragraph a of subdivision  two
     9  of this section, provide for the expenditure of an amount which shall be
    10  not  less  than  the amount approved by the commissioner in the contract
    11  for excellence for the two thousand twelve--two thousand thirteen school
    12  year and provided further that,  a  school  district  that  submitted  a
    13  contract  for  excellence  for  the  two thousand thirteen--two thousand
    14  fourteen school year, unless all schools in the district are  identified
    15  as  in good standing, shall submit a contract for excellence for the two
    16  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
    17  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    18  subdivision two of this section,  provide  for  the  expenditure  of  an
    19  amount  which  shall be not less than the amount approved by the commis-
    20  sioner in the contract for excellence for the two thousand thirteen--two
    21  thousand fourteen school year;  and  provided  further  that,  a  school
    22  district  that  submitted a contract for excellence for the two thousand
    23  fourteen--two thousand fifteen school year, unless all  schools  in  the
    24  district are identified as in good standing, shall submit a contract for
    25  excellence  for  the  two  thousand fifteen--two thousand sixteen school
    26  year which shall, notwithstanding the requirements of subparagraph  (vi)
    27  of  paragraph  a  of  subdivision  two  of this section, provide for the
    28  expenditure of an amount  which  shall  be  not  less  than  the  amount
    29  approved  by the commissioner in the contract for excellence for the two
    30  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    31  further  that a school district that submitted a contract for excellence
    32  for the two thousand fifteen--two thousand sixteen school  year,  unless
    33  all  schools  in  the district are identified as in good standing, shall
    34  submit a contract for excellence for the two thousand sixteen--two thou-
    35  sand seventeen school year which shall, notwithstanding the requirements
    36  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    37  provide  for  the  expenditure of an amount which shall be not less than
    38  the amount approved by the commissioner in the contract  for  excellence
    39  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    40  provided further that, a school district that submitted a  contract  for
    41  excellence  for  the two thousand sixteen--two thousand seventeen school
    42  year, unless all schools in the  district  are  identified  as  in  good
    43  standing,  shall  submit  a contract for excellence for the two thousand
    44  seventeen--two thousand eighteen school year which shall,  notwithstand-
    45  ing  the requirements of subparagraph (vi) of paragraph a of subdivision
    46  two of this section, provide for the  expenditure  of  an  amount  which
    47  shall  be  not  less than the amount approved by the commissioner in the
    48  contract for excellence  for  the  two  thousand  sixteen--two  thousand
    49  seventeen  school year; and provided further that a school district that
    50  submitted a contract for excellence for the two thousand  seventeen--two
    51  thousand  eighteen  school  year, unless all schools in the district are
    52  identified as in good standing, shall submit a contract  for  excellence
    53  for  the  two thousand eighteen--two thousand nineteen school year which
    54  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    55  graph  a of subdivision two of this section, provide for the expenditure
    56  of an amount which shall be not less than the  amount  approved  by  the

        S. 9460                             3
 
     1  commissioner  in the contract for excellence for the two thousand seven-
     2  teen--two thousand eighteen school year; and provided  further  that,  a
     3  school  district  that  submitted  a contract for excellence for the two
     4  thousand eighteen--two thousand nineteen school year, unless all schools
     5  in  the  district  are  identified  as  in good standing, shall submit a
     6  contract for excellence for  the  two  thousand  nineteen--two  thousand
     7  twenty  school  year  which  shall,  notwithstanding the requirements of
     8  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
     9  provide  for  the  expenditure of an amount which shall be not less than
    10  the amount approved by the commissioner in the contract  for  excellence
    11  for  the  two  thousand eighteen--two thousand nineteen school year; and
    12  provided further that, a school district that submitted a  contract  for
    13  excellence  for  the  two  thousand nineteen--two thousand twenty school
    14  year, unless all schools in the  district  are  identified  as  in  good
    15  standing,  shall  submit  a contract for excellence for the two thousand
    16  twenty--two thousand twenty-one school year which shall, notwithstanding
    17  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    18  of this section, provide for the expenditure of an amount which shall be
    19  not  less  than  the amount approved by the commissioner in the contract
    20  for excellence for the two thousand nineteen--two thousand twenty school
    21  year; and provided further that, a  school  district  that  submitted  a
    22  contract  for excellence for the two thousand twenty--two thousand twen-
    23  ty-one school year, unless all schools in the district are identified as
    24  in good standing, shall submit a contract for  excellence  for  the  two
    25  thousand  twenty-one--two  thousand  twenty-two school year which shall,
    26  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    27  subdivision  two  of  this  section,  provide  for the expenditure of an
    28  amount which shall be not less than the amount approved by  the  commis-
    29  sioner  in  the contract for excellence for the two thousand twenty--two
    30  thousand twenty-one school year; and provided  further  that,  a  school
    31  district  that  submitted a contract for excellence for the two thousand
    32  twenty-one--two thousand twenty-two school year, unless all  schools  in
    33  the district are identified as in good standing, shall submit a contract
    34  for  excellence  for  the  two thousand twenty-two--two thousand twenty-
    35  three school year  which  shall,  notwithstanding  the  requirements  of
    36  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    37  provide for the expenditure of an amount which shall be  not  less  than
    38  the  amount  approved by the commissioner in the contract for excellence
    39  for the two thousand twenty-one--two thousand  twenty-two  school  year;
    40  provided,  however,  that,  in a city school district in a city having a
    41  population of one million or more, notwithstanding the  requirements  of
    42  subparagraph (vi) of paragraph a of subdivision two of this section, the
    43  contract  for  excellence shall provide for the expenditure as set forth
    44  in subparagraph (v) of paragraph a of subdivision two of  this  section.
    45  For purposes of this paragraph, the "gap elimination adjustment percent-
    46  age" shall be calculated as the sum of one minus the quotient of the sum
    47  of the school district's net gap elimination adjustment for two thousand
    48  ten--two thousand eleven computed pursuant to chapter fifty-three of the
    49  laws  of  two  thousand  ten,  making  appropriations for the support of
    50  government, plus the school district's gap  elimination  adjustment  for
    51  two thousand eleven--two thousand twelve as computed pursuant to chapter
    52  fifty-three  of  the  laws of two thousand eleven, making appropriations
    53  for the support of the local assistance budget,  including  support  for
    54  general support for public schools, divided by the total aid for adjust-
    55  ment  computed  pursuant to chapter fifty-three of the laws of two thou-
    56  sand eleven, making appropriations  for  the  local  assistance  budget,

        S. 9460                             4
 
     1  including  support  for  general  support  for public schools. Provided,
     2  further, that such amount shall be  expended  to  support  and  maintain
     3  allowable programs and activities approved in the two thousand nine--two
     4  thousand  ten  school  year  or  to  support  new  or expanded allowable
     5  programs and activities in the current year.
     6    § 2. Subparagraph (v) of paragraph a of subdivision 2 of section 211-d
     7  of the education law, as amended by section 2 of part A of chapter 57 of
     8  the laws of 2008, is amended to read as follows:
     9    (v) In a city school district in a city having  a  population  of  one
    10  million or more inhabitants, each contract for excellence shall describe
    11  how  the  amounts apportioned to the school district in the current year
    12  as total foundation aid and academic achievement grants,  in  excess  of
    13  one  hundred  three  percent  of the district's foundation aid base, [as
    14  adjusted for additional amounts payable as charter school basic  tuition
    15  over such amount payable in the base year,] shall be used to support new
    16  programs and new activities or expand the use of programs and activities
    17  demonstrated  to  improve  student  achievement; provided however, up to
    18  thirty million dollars or  twenty-five  percent  of  additional  funding
    19  received in the current year, whichever is less, may be used to maintain
    20  investments  in  the  programs  and  activities listed in paragraph a of
    21  subdivision three of this section.
    22    § 3. Subparagraphs (ii) and (iii) of paragraph (b) of subdivision 2 of
    23  section 211-d of the education law,  subparagraph  (ii)  as  amended  by
    24  section  2  of  part  A  of chapter 57 of the laws of 2008, subparagraph
    25  (iii) as added by section 3-a of part A of chapter 57  of  the  laws  of
    26  2009, are amended to read as follows:
    27    (ii)  (A)  In  a city school district in a city having a population of
    28  one million or more inhabitants such contract shall also include a plan,
    29  which shall be developed in collaboration with the collective bargaining
    30  units representing teachers and the principals and signed off on by  the
    31  chancellor  and the presidents of each bargaining unit, to reduce [aver-
    32  age] actual class sizes, [as defined by the  commissioner,  within  five
    33  years  for the following grade ranges: (A) pre-kindergarten-third grade]
    34  beginning September two  thousand  twenty-two  and  to  be  achieved  by
    35  September  two thousand twenty-seven for all classes, with the exception
    36  of physical education and performing groups, as follows: (1)  kindergar-
    37  ten-third  grade  to  have no more than twenty students per class; [(B)]
    38  (2) fourth-eighth grade to have no more than twenty-three  students  per
    39  class;  and  [(C)]  (3)  high  school  to  have no more than twenty-five
    40  students per class. [Such]  Physical  education  and  performing  groups
    41  shall  have  no  more  than forty students per class at all levels. Each
    42  year of the plan, an additional twenty percent of the classrooms in  the
    43  city  school  district, excluding special education classes, shall be in
    44  compliance with the  class  size  targets  such  that  the  city  school
    45  district  is  in  full  compliance  by two thousand twenty-seven and all
    46  classes should maintain the target class size. The class size  reduction
    47  plan  shall  prioritize  schools serving populations with higher poverty
    48  levels.
    49    (B) The class size reduction plan shall include [class size  reduction
    50  for  low  performing and overcrowded schools and also] any exemptions to
    51  the class size targets. These exemptions shall be limited to: (1) space;
    52  (2) over-enrolled students; (3) license area shortages; and  (4)  severe
    53  economic distress. Any such exemptions shall be approved by the chancel-
    54  lor  and  the presidents of the collective bargaining units representing
    55  the teachers and the principals as part  of  the  class  size  reduction
    56  plan.    Should  the  chancellor  and  the  presidents of the collective

        S. 9460                             5
 
     1  bargaining units representing the teachers and the principals be  unable
     2  to  reach agreement on the exemptions after thirty days, the issue shall
     3  be determined by an arbitrator. In  addition,  any  exemption  based  on
     4  available  space  shall  include  a  reference  to the capital budget to
     5  demonstrate that the budget is  aligned  with  resolving  the  exemption
     6  status.  Exempted  classes,  for the years in which they are exempt, and
     7  special education classes shall not  count  toward  the  twenty  percent
     8  target.
     9    (C) The class size reduction plan shall also include the methods to be
    10  used  to  achieve  [such]  the  class  [sizes] size targets, such as the
    11  creation or construction of more classrooms and  school  buildings,  the
    12  placement  of  more than one teacher in a classroom or methods to other-
    13  wise reduce the student  to  teacher  ratio[;  provided,  however,  that
    14  notwithstanding  any  law,  rule or regulation to the contrary, the sole
    15  and exclusive remedy for a violation of the requirements of  this  para-
    16  graph shall be pursuant to a petition to the commissioner under subdivi-
    17  sion  seven of section three hundred ten of this title, and the decision
    18  of the commissioner on such petition shall be final  and  unreviewable],
    19  but only as a temporary measure until more classrooms are made available
    20  in  conformance  with  the plan. For elective and specialty classes, the
    21  collective bargaining unit representing  teachers  may  negotiate  class
    22  sizes higher than the targets if such increase is approved by a majority
    23  of the staff in the school.
    24    (iii)  A  city  school  district  in a city having a population of one
    25  million or more inhabitants shall prepare [a report] annual reports,  on
    26  the  dates  set  forth  below,  to the commissioner on the status of the
    27  implementation of its plan to reduce [average] actual class sizes pursu-
    28  ant to subparagraph (ii) of this paragraph. Such report shall [identify]
    29  be publicly released and posted on the city school  district's  website,
    30  identifying  all  schools  that  received  funds  targeted at class size
    31  reduction efforts pursuant to  the  requirements  of  this  section  and
    32  [provide] providing the following information regarding such schools:
    33    (A)  the  amount  of  contract  for  excellence funds received by each
    34  school and the school year in which it received such funds;
    35    (B) a detailed  description  of  how  contract  for  excellence  funds
    36  contributed  to  achieving  class  size  reduction  in  each school that
    37  received such funding including specific information on  the  number  of
    38  [classrooms]  classes  in  each  school  that existed prior to receiving
    39  contract for excellence funds and the number of new [classrooms] classes
    40  that were created  in  each  school  for  each  year  such  funding  was
    41  received,  the  number of classroom teachers that existed in each school
    42  prior to receiving contract for excellence funds and the number  of  new
    43  classroom  teachers  in  each  school  for  each  year  such funding was
    44  received, the student to teacher ratio in each school prior to receiving
    45  contract for excellence funds and the student to teacher ratio  in  each
    46  school for each year such funding was received;
    47    (C) the actual student enrollment for the [two thousand six--two thou-
    48  sand  seven school year, the actual student enrollment for the two thou-
    49  sand seven--two thousand eight school year, the actual  student  enroll-
    50  ment for the two thousand eight--two thousand nine school year,] current
    51  school  year  and the projected student enrollment for the [two thousand
    52  nine--two thousand ten] upcoming school year for each  school  by  grade
    53  level;
    54    (D)  the  actual  [average] class sizes for the [two thousand six--two
    55  thousand seven school year, the actual average class sizes for  the  two
    56  thousand seven--two thousand eight school year, the actual average class

        S. 9460                             6

     1  sizes  for  the  two  thousand  eight--two thousand nine] current school
     2  year, and the projected [average] class  sizes  for  the  [two  thousand
     3  nine--two  thousand  ten]  upcoming school year for each school by grade
     4  level; [and]
     5    (E)  the  annual  capital  plan for school construction and leasing to
     6  show how many classrooms will be added in each year and in which schools
     7  and districts to achieve the class size targets;
     8    (F) how the school capacity and utilization formula is aligned to  the
     9  class  size  targets  in the city school district's class size reduction
    10  plan; and
    11    (G) the schools that have made insufficient progress toward  achieving
    12  the  class  size  reduction  [goals  outlined]  targets set forth in the
    13  approved [five year] class size reduction plan pursuant to  subparagraph
    14  (ii)  of  this  paragraph and a detailed description of the actions that
    15  will be taken to reduce class sizes in such schools.
    16    [Such report shall be submitted  to  the  commissioner  on  or  before
    17  November  seventeenth,  two thousand nine and shall be made available to
    18  the public by such date.] The report shall be submitted to  the  commis-
    19  sioner  on  or before November fifteenth of each year and made available
    20  to the public by such date on the city school district's website. If the
    21  department determines that the November fifteenth report does not demon-
    22  strate sufficient decreases in class size, the department shall issue  a
    23  letter  making  that  determination  public  on its website and the city
    24  school district shall immediately submit a plan for  corrective  action,
    25  which shall be developed in collaboration with the collective bargaining
    26  units  representing the teachers and the principals and signed off on by
    27  the chancellor and the president of each collective bargaining unit. The
    28  city school district's corrective action plan shall also be made  avail-
    29  able to the public on the city school district's website upon submission
    30  to the department. The final corrective action plan shall be made avail-
    31  able  to  the  public  upon approval by the department. The report shall
    32  also be certified by the state or city comptroller that the city  school
    33  district's  capital  and education funding plans will provide sufficient
    34  space and staffing for the reduction in class size  set  forth  in  this
    35  paragraph  and,  if not, what measures and/or funding should be added to
    36  the plan to achieve such targets.
    37    (iv) Provided the commissioner approves and the city  school  district
    38  remains  in  compliance with the class size reduction plan, as set forth
    39  herein, the state shall take such  compliance  into  consideration  when
    40  determining increases in foundation aid.
    41    (v)  In addition to the annual reports, the city school district shall
    42  submit a financial impact statement on November fifteenth, two  thousand
    43  twenty-four. The financial impact statement may recommend a pause of the
    44  class  size reduction plan, but in no event may it result in a roll back
    45  or increase in class sizes.
    46    § 4. Paragraph d of subdivision 4 of section 211-d  of  the  education
    47  law, as added by section 12 of part A of chapter 57 of the laws of 2007,
    48  is amended to read as follows:
    49    d. [For the two thousand seven--two thousand eight school year, school
    50  districts  shall  solicit  public  comment on their contracts for excel-
    51  lence.] In a city school district in a city of one million or  more  in-
    52  habitants,  the  public  process  set forth in paragraphs a through c of
    53  this subdivision shall commence no later than thirty days after a  state
    54  budget  is  enacted each year and be completed no later than thirty days
    55  after its commencement. Notice of the public process shall  be  provided
    56  fifteen  days  prior to the commencement of the first public hearing and

        S. 9460                             7
 
     1  shall be posted on the city school district's website as well as  trans-
     2  mitted  via email to school administrators, parent and teacher organiza-
     3  tions, and elected officials. The proposed plan shall be  submitted  for
     4  state  approval  within two weeks following the completion of the public
     5  process. The proposed plan shall be posted on the city school district's
     6  website within twenty-four hours of its submission along with a  summary
     7  of  the  public  comments and the city school district's explanation and
     8  reasons for which public comments were incorporated  into  the  proposed
     9  plan  and  which public comments were not incorporated into the proposed
    10  plan.
    11    § 5. Subdivision 5 of section 211-d of the education law, as added  by
    12  section  12  of  part A of chapter 57 of the laws of 2007, is amended to
    13  read as follows:
    14    5. a. Each contract for excellence shall be subject to approval by the
    15  commissioner and his or her certification that the expenditure of  addi-
    16  tional  aid  or  grant  amounts is in accordance with subdivision two of
    17  this section.
    18    b. In a city school district of one million or more inhabitants,  upon
    19  approval  of  the contract for excellence, one-third of the contract for
    20  excellence funds shall be released to  the  city  school  district.  The
    21  remainder  of  the  funds  shall be released to the city school district
    22  upon submission of the November fifteenth report described  in  subdivi-
    23  sion  two  of  this section, only if such report demonstrates sufficient
    24  reduction in class sizes, and  the  remainder  of  the  funds  shall  be
    25  released  upon  submission by the city school district of the corrective
    26  action plan described in subdivision two of this section. In  the  years
    27  following  a  year  which  required a corrective action plan pursuant to
    28  subdivision two of this section, no contract for excellence funds  shall
    29  be  provided  by  the state until and unless such corrective action plan
    30  has been fully implemented.
    31    § 6. This act shall take effect immediately; provided that the  amend-
    32  ments  to paragraph e of subdivision 1 of section 211-d of the education
    33  law made by section one of this act shall take effect on the  same  date
    34  and  in the same manner as section 1 of part A of chapter 56 of the laws
    35  of 2022, takes effect.
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