STATE OF NEW YORK
________________________________________________________________________
10498
IN ASSEMBLY
May 30, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
De Los Santos) -- read once and referred to the Committee on Ways and
Means
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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16015-03-2
A. 10498 2
1 provide for the expenditure of an amount which shall be not less than
2 the amount approved by the commissioner in the contract for excellence
3 for the two thousand eleven--two thousand twelve school year and
4 provided further that, a school district that submitted a contract for
5 excellence for the two thousand twelve--two thousand thirteen school
6 year, unless all schools in the district are identified as in good
7 standing, shall submit a contract for excellence for the two thousand
8 thirteen--two thousand fourteen school year which shall, notwithstanding
9 the requirements of subparagraph (vi) of paragraph a of subdivision two
10 of this section, provide for the expenditure of an amount which shall be
11 not less than the amount approved by the commissioner in the contract
12 for excellence for the two thousand twelve--two thousand thirteen school
13 year and provided further that, a school district that submitted a
14 contract for excellence for the two thousand thirteen--two thousand
15 fourteen school year, unless all schools in the district are identified
16 as in good standing, shall submit a contract for excellence for the two
17 thousand fourteen--two thousand fifteen school year which shall,
18 notwithstanding the requirements of subparagraph (vi) of paragraph a of
19 subdivision two of this section, provide for the expenditure of an
20 amount which shall be not less than the amount approved by the commis-
21 sioner in the contract for excellence for the two thousand thirteen--two
22 thousand fourteen school year; and provided further that, a school
23 district that submitted a contract for excellence for the two thousand
24 fourteen--two thousand fifteen school year, unless all schools in the
25 district are identified as in good standing, shall submit a contract for
26 excellence for the two thousand fifteen--two thousand sixteen school
27 year which shall, notwithstanding the requirements of subparagraph (vi)
28 of paragraph a of subdivision two of this section, provide for the
29 expenditure of an amount which shall be not less than the amount
30 approved by the commissioner in the contract for excellence for the two
31 thousand fourteen--two thousand fifteen school year; and provided
32 further that a school district that submitted a contract for excellence
33 for the two thousand fifteen--two thousand sixteen school year, unless
34 all schools in the district are identified as in good standing, shall
35 submit a contract for excellence for the two thousand sixteen--two thou-
36 sand seventeen school year which shall, notwithstanding the requirements
37 of subparagraph (vi) of paragraph a of subdivision two of this section,
38 provide for the expenditure of an amount which shall be not less than
39 the amount approved by the commissioner in the contract for excellence
40 for the two thousand fifteen--two thousand sixteen school year; and
41 provided further that, a school district that submitted a contract for
42 excellence for the two thousand sixteen--two thousand seventeen school
43 year, unless all schools in the district are identified as in good
44 standing, shall submit a contract for excellence for the two thousand
45 seventeen--two thousand eighteen school year which shall, notwithstand-
46 ing the requirements of subparagraph (vi) of paragraph a of subdivision
47 two of this section, provide for the expenditure of an amount which
48 shall be not less than the amount approved by the commissioner in the
49 contract for excellence for the two thousand sixteen--two thousand
50 seventeen school year; and provided further that a school district that
51 submitted a contract for excellence for the two thousand seventeen--two
52 thousand eighteen school year, unless all schools in the district are
53 identified as in good standing, shall submit a contract for excellence
54 for the two thousand eighteen--two thousand nineteen school year which
55 shall, notwithstanding the requirements of subparagraph (vi) of para-
56 graph a of subdivision two of this section, provide for the expenditure
A. 10498 3
1 of an amount which shall be not less than the amount approved by the
2 commissioner in the contract for excellence for the two thousand seven-
3 teen--two thousand eighteen school year; and provided further that, a
4 school district that submitted a contract for excellence for the two
5 thousand eighteen--two thousand nineteen school year, unless all schools
6 in the district are identified as in good standing, shall submit a
7 contract for excellence for the two thousand nineteen--two thousand
8 twenty school year which shall, notwithstanding the requirements of
9 subparagraph (vi) of paragraph a of subdivision two of this section,
10 provide for the expenditure of an amount which shall be not less than
11 the amount approved by the commissioner in the contract for excellence
12 for the two thousand eighteen--two thousand nineteen school year; and
13 provided further that, a school district that submitted a contract for
14 excellence for the two thousand nineteen--two thousand twenty school
15 year, unless all schools in the district are identified as in good
16 standing, shall submit a contract for excellence for the two thousand
17 twenty--two thousand twenty-one school year which shall, notwithstanding
18 the requirements of subparagraph (vi) of paragraph a of subdivision two
19 of this section, provide for the expenditure of an amount which shall be
20 not less than the amount approved by the commissioner in the contract
21 for excellence for the two thousand nineteen--two thousand twenty school
22 year; and provided further that, a school district that submitted a
23 contract for excellence for the two thousand twenty--two thousand twen-
24 ty-one school year, unless all schools in the district are identified as
25 in good standing, shall submit a contract for excellence for the two
26 thousand twenty-one--two thousand twenty-two school year which shall,
27 notwithstanding the requirements of subparagraph (vi) of paragraph a of
28 subdivision two of this section, provide for the expenditure of an
29 amount which shall be not less than the amount approved by the commis-
30 sioner in the contract for excellence for the two thousand twenty--two
31 thousand twenty-one school year; and provided further that, a school
32 district that submitted a contract for excellence for the two thousand
33 twenty-one--two thousand twenty-two school year, unless all schools in
34 the district are identified as in good standing, shall submit a contract
35 for excellence for the two thousand twenty-two--two thousand twenty-
36 three school year which shall, notwithstanding the requirements of
37 subparagraph (vi) of paragraph a of subdivision two of this section,
38 provide for the expenditure of an amount which shall be not less than
39 the amount approved by the commissioner in the contract for excellence
40 for the two thousand twenty-one--two thousand twenty-two school year;
41 provided, however, that, in a city school district in a city having a
42 population of one million or more, notwithstanding the requirements of
43 subparagraph (vi) of paragraph a of subdivision two of this section, the
44 contract for excellence shall provide for the expenditure as set forth
45 in subparagraph (v) of paragraph a of subdivision two of this section.
46 For purposes of this paragraph, the "gap elimination adjustment percent-
47 age" shall be calculated as the sum of one minus the quotient of the sum
48 of the school district's net gap elimination adjustment for two thousand
49 ten--two thousand eleven computed pursuant to chapter fifty-three of the
50 laws of two thousand ten, making appropriations for the support of
51 government, plus the school district's gap elimination adjustment for
52 two thousand eleven--two thousand twelve as computed pursuant to chapter
53 fifty-three of the laws of two thousand eleven, making appropriations
54 for the support of the local assistance budget, including support for
55 general support for public schools, divided by the total aid for adjust-
56 ment computed pursuant to chapter fifty-three of the laws of two thou-
A. 10498 4
1 sand eleven, making appropriations for the local assistance budget,
2 including support for general support for public schools. Provided,
3 further, that such amount shall be expended to support and maintain
4 allowable programs and activities approved in the two thousand nine--two
5 thousand ten school year or to support new or expanded allowable
6 programs and activities in the current year.
7 § 2. Subparagraph (v) of paragraph a of subdivision 2 of section 211-d
8 of the education law, as amended by section 2 of part A of chapter 57 of
9 the laws of 2008, is amended to read as follows:
10 (v) In a city school district in a city having a population of one
11 million or more inhabitants, each contract for excellence shall describe
12 how the amounts apportioned to the school district in the current year
13 as total foundation aid and academic achievement grants, in excess of
14 one hundred three percent of the district's foundation aid base, [as
15 adjusted for additional amounts payable as charter school basic tuition
16 over such amount payable in the base year,] shall be used to support new
17 programs and new activities or expand the use of programs and activities
18 demonstrated to improve student achievement; provided however, up to
19 thirty million dollars or twenty-five percent of additional funding
20 received in the current year, whichever is less, may be used to maintain
21 investments in the programs and activities listed in paragraph a of
22 subdivision three of this section.
23 § 3. Subparagraphs (ii) and (iii) of paragraph (b) of subdivision 2 of
24 section 211-d of the education law, subparagraph (ii) as amended by
25 section 2 of part A of chapter 57 of the laws of 2008, subparagraph
26 (iii) as added by section 3-a of part A of chapter 57 of the laws of
27 2009, are amended to read as follows:
28 (ii) (A) In a city school district in a city having a population of
29 one million or more inhabitants such contract shall also include a plan,
30 which shall be developed in collaboration with the collective bargaining
31 units representing teachers and the principals and signed off on by the
32 chancellor and the presidents of each bargaining unit, to reduce [aver-
33 age] actual class sizes, [as defined by the commissioner, within five
34 years for the following grade ranges: (A) pre-kindergarten-third grade]
35 beginning September two thousand twenty-two and to be achieved by
36 September two thousand twenty-seven for all classes, with the exception
37 of physical education and performing groups, as follows: (1) kindergar-
38 ten-third grade to have no more than twenty students per class; [(B)]
39 (2) fourth-eighth grade to have no more than twenty-three students per
40 class; and [(C)] (3) high school to have no more than twenty-five
41 students per class. [Such] Physical education and performing groups
42 shall have no more than forty students per class at all levels. Each
43 year of the plan, an additional twenty percent of the classrooms in the
44 city school district, excluding special education classes, shall be in
45 compliance with the class size targets such that the city school
46 district is in full compliance by two thousand twenty-seven and all
47 classes should maintain the target class size. The class size reduction
48 plan shall prioritize schools serving populations with higher poverty
49 levels.
50 (B) The class size reduction plan shall include [class size reduction
51 for low performing and overcrowded schools and also] any exemptions to
52 the class size targets. These exemptions shall be limited to: (1) space;
53 (2) over-enrolled students; (3) license area shortages; and (4) severe
54 economic distress. Any such exemptions shall be approved by the chancel-
55 lor and the presidents of the collective bargaining units representing
56 the teachers and the principals as part of the class size reduction
A. 10498 5
1 plan. Should the chancellor and the presidents of the collective
2 bargaining units representing the teachers and the principals be unable
3 to reach agreement on the exemptions after thirty days, the issue shall
4 be determined by an arbitrator. In addition, any exemption based on
5 available space shall include a reference to the capital budget to
6 demonstrate that the budget is aligned with resolving the exemption
7 status. Exempted classes, for the years in which they are exempt, and
8 special education classes shall not count toward the twenty percent
9 target.
10 (C) The class size reduction plan shall also include the methods to be
11 used to achieve [such] the class [sizes] size targets, such as the
12 creation or construction of more classrooms and school buildings, the
13 placement of more than one teacher in a classroom or methods to other-
14 wise reduce the student to teacher ratio[; provided, however, that
15 notwithstanding any law, rule or regulation to the contrary, the sole
16 and exclusive remedy for a violation of the requirements of this para-
17 graph shall be pursuant to a petition to the commissioner under subdivi-
18 sion seven of section three hundred ten of this title, and the decision
19 of the commissioner on such petition shall be final and unreviewable],
20 but only as a temporary measure until more classrooms are made available
21 in conformance with the plan. For elective and specialty classes, the
22 collective bargaining unit representing teachers may negotiate class
23 sizes higher than the targets if such increase is approved by a majority
24 of the staff in the school.
25 (iii) A city school district in a city having a population of one
26 million or more inhabitants shall prepare [a report] annual reports, on
27 the dates set forth below, to the commissioner on the status of the
28 implementation of its plan to reduce [average] actual class sizes pursu-
29 ant to subparagraph (ii) of this paragraph. Such report shall [identify]
30 be publicly released and posted on the city school district's website,
31 identifying all schools that received funds targeted at class size
32 reduction efforts pursuant to the requirements of this section and
33 [provide] providing the following information regarding such schools:
34 (A) the amount of contract for excellence funds received by each
35 school and the school year in which it received such funds;
36 (B) a detailed description of how contract for excellence funds
37 contributed to achieving class size reduction in each school that
38 received such funding including specific information on the number of
39 [classrooms] classes in each school that existed prior to receiving
40 contract for excellence funds and the number of new [classrooms] classes
41 that were created in each school for each year such funding was
42 received, the number of classroom teachers that existed in each school
43 prior to receiving contract for excellence funds and the number of new
44 classroom teachers in each school for each year such funding was
45 received, the student to teacher ratio in each school prior to receiving
46 contract for excellence funds and the student to teacher ratio in each
47 school for each year such funding was received;
48 (C) the actual student enrollment for the [two thousand six--two thou-
49 sand seven school year, the actual student enrollment for the two thou-
50 sand seven--two thousand eight school year, the actual student enroll-
51 ment for the two thousand eight--two thousand nine school year,] current
52 school year and the projected student enrollment for the [two thousand
53 nine--two thousand ten] upcoming school year for each school by grade
54 level;
55 (D) the actual [average] class sizes for the [two thousand six--two
56 thousand seven school year, the actual average class sizes for the two
A. 10498 6
1 thousand seven--two thousand eight school year, the actual average class
2 sizes for the two thousand eight--two thousand nine] current school
3 year, and the projected [average] class sizes for the [two thousand
4 nine--two thousand ten] upcoming school year for each school by grade
5 level; [and]
6 (E) the annual capital plan for school construction and leasing to
7 show how many classrooms will be added in each year and in which schools
8 and districts to achieve the class size targets;
9 (F) how the school capacity and utilization formula is aligned to the
10 class size targets in the city school district's class size reduction
11 plan; and
12 (G) the schools that have made insufficient progress toward achieving
13 the class size reduction [goals outlined] targets set forth in the
14 approved [five year] class size reduction plan pursuant to subparagraph
15 (ii) of this paragraph and a detailed description of the actions that
16 will be taken to reduce class sizes in such schools.
17 [Such report shall be submitted to the commissioner on or before
18 November seventeenth, two thousand nine and shall be made available to
19 the public by such date.] The report shall be submitted to the commis-
20 sioner on or before November fifteenth of each year and made available
21 to the public by such date on the city school district's website. If the
22 department determines that the November fifteenth report does not demon-
23 strate sufficient decreases in class size, the department shall issue a
24 letter making that determination public on its website and the city
25 school district shall immediately submit a plan for corrective action,
26 which shall be developed in collaboration with the collective bargaining
27 units representing the teachers and the principals and signed off on by
28 the chancellor and the president of each collective bargaining unit. The
29 city school district's corrective action plan shall also be made avail-
30 able to the public on the city school district's website upon submission
31 to the department. The final corrective action plan shall be made avail-
32 able to the public upon approval by the department. The report shall
33 also be certified by the state or city comptroller that the city school
34 district's capital and education funding plans will provide sufficient
35 space and staffing for the reduction in class size set forth in this
36 paragraph and, if not, what measures and/or funding should be added to
37 the plan to achieve such targets.
38 (iv) Provided the commissioner approves and the city school district
39 remains in compliance with the class size reduction plan, as set forth
40 herein, the state shall take such compliance into consideration when
41 determining increases in foundation aid.
42 (v) In addition to the annual reports, the city school district shall
43 submit a financial impact statement on November fifteenth, two thousand
44 twenty-four. The financial impact statement may recommend a pause of the
45 class size reduction plan, but in no event may it result in a roll back
46 or increase in class sizes.
47 § 4. Paragraph d of subdivision 4 of section 211-d of the education
48 law, as added by section 12 of part A of chapter 57 of the laws of 2007,
49 is amended to read as follows:
50 d. [For the two thousand seven--two thousand eight school year, school
51 districts shall solicit public comment on their contracts for excel-
52 lence.] In a city school district in a city of one million or more in-
53 habitants, the public process set forth in paragraphs a through c of
54 this subdivision shall commence no later than thirty days after a state
55 budget is enacted each year and be completed no later than thirty days
56 after its commencement. Notice of the public process shall be provided
A. 10498 7
1 fifteen days prior to the commencement of the first public hearing and
2 shall be posted on the city school district's website as well as trans-
3 mitted via email to school administrators, parent and teacher organiza-
4 tions, and elected officials. The proposed plan shall be submitted for
5 state approval within two weeks following the completion of the public
6 process. The proposed plan shall be posted on the city school district's
7 website within twenty-four hours of its submission along with a summary
8 of the public comments and the city school district's explanation and
9 reasons for which public comments were incorporated into the proposed
10 plan and which public comments were not incorporated into the proposed
11 plan.
12 § 5. Subdivision 5 of section 211-d of the education law, as added by
13 section 12 of part A of chapter 57 of the laws of 2007, is amended to
14 read as follows:
15 5. a. Each contract for excellence shall be subject to approval by the
16 commissioner and his or her certification that the expenditure of addi-
17 tional aid or grant amounts is in accordance with subdivision two of
18 this section.
19 b. In a city school district of one million or more inhabitants, upon
20 approval of the contract for excellence, one-third of the contract for
21 excellence funds shall be released to the city school district. The
22 remainder of the funds shall be released to the city school district
23 upon submission of the November fifteenth report described in subdivi-
24 sion two of this section, only if such report demonstrates sufficient
25 reduction in class sizes, and the remainder of the funds shall be
26 released upon submission by the city school district of the corrective
27 action plan described in subdivision two of this section. In the years
28 following a year which required a corrective action plan pursuant to
29 subdivision two of this section, no contract for excellence funds shall
30 be provided by the state until and unless such corrective action plan
31 has been fully implemented.
32 § 6. This act shall take effect immediately; provided that the amend-
33 ments to paragraph e of subdivision 1 of section 211-d of the education
34 law made by section one of this act shall take effect on the same date
35 and in the same manner as section 1 of part A of chapter 56 of the laws
36 of 2022, takes effect.
