STATE OF NEW YORK
________________________________________________________________________
7321
IN SENATE
January 17, 2020
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to repeal a chapter of the laws of 2019, authorizing the commis-
sioner of education and the chancellor of the board of regents, with
the approval of the board of regents, to appoint monitors to oversee
the Hempstead union free school district as proposed in legislative
bills numbers S.6559 and A.8403; authorizing the commissioner of
education to appoint a monitor to oversee the Hempstead union free
school district and establishing the powers and duties of such moni-
tor; and providing for the repeal of certain provisions upon expira-
tion thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. A chapter of the laws of 2019, authorizing the commissioner
2 of education and the chancellor of the board of regents, with the
3 approval of the board of regents, to appoint monitors to oversee the
4 Hempstead union free school district as proposed in legislative bills
5 numbers S.6559 and A.8403, is REPEALED.
6 § 2. Definitions. As used in this act:
7 (a) "Commissioner" shall mean the commissioner of education;
8 (b) "Department" shall mean the state education department;
9 (c) "Board of education" or "board" shall mean the board of education
10 of the Hempstead union free school district;
11 (d) "School district" or "district" shall mean the Hempstead union
12 free school district;
13 (e) "Superintendent" shall mean the superintendent of the Hempstead
14 union free school district; and
15 (f) "Relatives" shall mean a Hempstead union free school district
16 board member's spouse, domestic partner, child, stepchild, stepparent,
17 or any person who is a direct descendant of the grandparents of a
18 current board member or a board member's spouse or domestic partner.
19 § 3. Appointment of a monitor. The commissioner shall appoint one
20 monitor to provide oversight, guidance and technical assistance related
21 to the educational and fiscal policies, practices, programs and deci-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13389-10-0
S. 7321 2
1 sions of the school district, the board of education and the superinten-
2 dent.
3 1. The monitor, to the extent practicable, shall have experience in
4 school district finances and one or more of the following areas:
5 (a) elementary and secondary education;
6 (b) the operation of school districts in New York;
7 (c) educating students with disabilities; and
8 (d) educating English language learners.
9 2. The monitor shall be a non-voting ex-officio member of the board of
10 education. The monitor shall be an individual who is not a resident,
11 employee of the school district or relative of a board member of the
12 school district at the time of his or her appointment.
13 3. The reasonable and necessary expenses incurred by the monitor while
14 performing his or her official duties shall be paid by the school
15 district. Notwithstanding any other provision of law, the monitor shall
16 be entitled to defense and indemnification by the school district to the
17 same extent as a school district employee.
18 § 4. Meetings. 1. The monitor shall be entitled to attend all meetings
19 of the board, including executive sessions; provided however, such moni-
20 tor shall not be considered for purposes of establishing a quorum of the
21 board. The school district shall fully cooperate with the monitor
22 including, but not limited to, providing such monitor with access to any
23 necessary documents and records of the district including access to
24 electronic information systems, databases and planning documents,
25 consistent with all applicable state and federal statutes including, but
26 not limited to, Family Education Rights and Privacy Act (FERPA) (20
27 U.S.C. §1232g) and section 2-d of the education law.
28 2. The board, in consultation with the monitor, shall adopt a conflict
29 of interest policy that complies with all existing applicable laws,
30 rules and regulations that ensures its board members and administration
31 act in the school district's best interest and comply with applicable
32 legal requirements. The conflict of interest policy shall include, but
33 not be limited to:
34 (a) a definition of the circumstances that constitute a conflict of
35 interest;
36 (b) procedures for disclosing a conflict of interest to the board;
37 (c) a requirement that the person with the conflict of interest not be
38 present at or participate in board deliberations or votes on the matter
39 giving rise to such conflict, provided that nothing in this subdivision
40 shall prohibit the board from requesting that the person with the
41 conflict of interest present information as background or answer ques-
42 tions at a board meeting prior to the commencement of deliberations or
43 voting relating thereto;
44 (d) a prohibition against any attempt by the person with the conflict
45 to influence improperly the deliberation or voting on the matter giving
46 rise to such conflict; and
47 (e) a requirement that the existence and resolution of the conflict be
48 documented in the board's records, including in the minutes of any meet-
49 ing at which the conflict was discussed or voted upon.
50 § 5. Public hearings. 1. The monitor shall schedule three public hear-
51 ings to be held within sixty days of his or her appointment, which shall
52 allow public comment from the district's residents, students, parents,
53 employees, board members and administration.
54 (a) The first hearing shall take public comment on existing statutory
55 and regulatory authority of the commissioner, the department and the
56 board of regents regarding school district governance and intervention
S. 7321 3
1 under applicable state law and regulations, including but not limited
2 to, sections 306, 211-c, and 211-f of the education law.
3 (b) The second hearing shall take public comment on the academic
4 performance of the district.
5 (c) The third hearing shall take public comment on the fiscal perform-
6 ance of the district.
7 2. The board of education and the monitor shall consider these public
8 comments when developing the financial plan and academic improvement
9 plan under this act.
10 § 6. Financial plan. 1. No later than November first, two thousand
11 twenty, the board of education and the monitor shall develop a proposed
12 financial plan for the two thousand twenty--two thousand twenty-one
13 school year and the four subsequent school years. The financial plan
14 shall ensure that annual aggregate operating expenses shall not exceed
15 annual aggregate operating revenues for such school year and that the
16 major operating funds of the district be balanced in accordance with
17 generally accepted accounting principles. The financial plan shall
18 include statements of all estimated revenues, expenditures, and cash
19 flow projections of the district.
20 2. If the board of education and the monitor agree on all the elements
21 of the proposed financial plan, the board of education shall conduct a
22 public hearing on the plan and consider the input of the community. The
23 proposed financial plan shall be made public on the district's website
24 at least three business days before such public hearing. Once the
25 proposed financial plan has been approved by the board of education,
26 such plan shall be submitted by the monitor to the commissioner for
27 approval and shall be deemed approved for the purposes of this act.
28 3. If the board of education and the monitor do not agree on all the
29 elements of the proposed financial plan, the board of education shall
30 conduct a public hearing on the proposed plan that details the elements
31 of disagreement between the monitor and the board, including documented
32 justification for such disagreements and any requested amendments from
33 the monitor. The proposed financial plan, elements of disagreement, and
34 requested amendments shall be made public on the district's website at
35 least three business days before such public hearing. After considering
36 the input of the community, the board may alter the proposed financial
37 plan and the monitor may alter his or her requested amendments, and the
38 monitor shall submit the proposed financial plan, his or her amendments
39 to the plan, and documentation providing justification for such disa-
40 greements and amendments to the commissioner no later than December
41 first, two thousand twenty. By January fifteenth, two thousand twenty-
42 one, the commissioner shall approve the proposed plan with any of the
43 monitor's proposed amendments, or make other modifications, he or she
44 deems appropriate. The board of education shall provide the commission-
45 er with any information he or she requests to approve such plan within
46 three business days of such request. Upon the approval of the commis-
47 sioner, the financial plan shall be deemed approved for purposes of this
48 act.
49 § 7. Academic improvement plan. 1. No later than November first, two
50 thousand twenty, the board of education and the monitor shall develop an
51 academic improvement plan for the district's two thousand twenty--two
52 thousand twenty-one school year and the four subsequent school years.
53 The academic improvement plan shall contain a series of programmatic
54 recommendations designed to improve academic performance over the period
55 of the plan in those academic areas that the commissioner deems to be in
S. 7321 4
1 need of improvement which shall include addressing the provisions
2 contained in any action plan set forth by the department.
3 2. If the board of education and the monitor agree on all the elements
4 of the proposed academic improvement plan, the board of education shall
5 conduct a public hearing on the plan and consider the input of the
6 community. The proposed academic improvement plan shall be made public
7 on the district's website at least three business days before such
8 public hearing. Once the proposed academic improvement plan has been
9 approved by the board of education, such plan shall be submitted by the
10 monitor to the commissioner for approval and shall be deemed approved
11 for the purposes of this act.
12 3. If the board of education and the monitor do not agree on all the
13 elements of the proposed academic improvement plan, the board of educa-
14 tion shall conduct a public hearing on the proposed plan that details
15 the elements of disagreement between the monitor and the board, includ-
16 ing documented justification for such disagreements and any requested
17 amendments from the monitor. The proposed academic improvement plan,
18 elements of disagreement, and requested amendments shall be made public
19 on the district's website at least three business days before such
20 public hearing. After considering the input of the community, the board
21 may alter the proposed academic improvement plan and the monitor may
22 alter his or her requested amendments, and the monitor shall submit the
23 proposed academic improvement plan, his or her amendments to the plan,
24 and documentation providing justification for such disagreements and
25 amendments to the commissioner no later than December first, two thou-
26 sand twenty. By January fifteenth, two thousand twenty-one, the commis-
27 sioner shall approve the proposed plan with any of the monitor's
28 proposed amendments, or make other modifications, he or she deems appro-
29 priate. The board of education shall provide the commissioner with any
30 information he or she requests to approve such plan within three busi-
31 ness days of such request. Upon the approval of the commissioner, the
32 academic improvement plan shall be deemed approved for purposes of this
33 act.
34 § 8. Fiscal and operational oversight. 1. The board of education shall
35 annually submit the school district's proposed budget for the next
36 succeeding school year to the monitor no later than March first prior to
37 the school district's annual budget vote. The monitor shall review the
38 proposed budget to ensure that it is balanced within the context of
39 revenue and expenditure estimates and mandated programs. The monitor
40 shall also review the proposed budget to ensure that it, to the greatest
41 extent possible, is consistent with the district academic improvement
42 plan and financial plan developed and approved pursuant to this act. The
43 monitor shall present his or her findings to the board of education and
44 the commissioner no later than forty-five days prior to the date sched-
45 uled for the school district's annual budget vote. The commissioner
46 shall require the board of education to make amendments to the proposed
47 budget consistent with any recommendations made by the monitor if the
48 commissioner determines such amendments are necessary to comply with the
49 financial plan and academic improvement plan under this act. The school
50 district shall make available on the district's website: the initial
51 proposed budget, the monitor's findings, and the final proposed budget
52 at least seven days prior to the date of the school district's budget
53 hearing. In the event of a revote, the board of education, in conjunc-
54 tion with the monitor, shall develop and submit the school district's
55 proposed budget for the next succeeding school year to the commissioner
56 no later than seven days prior to the budget hearing. The board of
S. 7321 5
1 education shall provide the commissioner with any information he or she
2 requests in order to make a determination pursuant to this subdivision
3 within three business days of such request.
4 2. The district shall provide quarterly reports to the monitor and
5 annual reports to the commissioner and board of regents on the academic,
6 fiscal, and operational status of the school district. In addition, the
7 monitor shall provide semi-annual reports to the commissioner, board of
8 regents, the governor, the temporary president of the senate, and the
9 speaker of the assembly on the academic, fiscal, and operational status
10 of the school district. Such semi-annual report shall include all the
11 contracts that the district entered into throughout the year.
12 3. The monitor shall have the authority to disapprove travel outside
13 the state paid for by the district.
14 4. The monitor shall work with the district's shared decision-making
15 committee as defined in 8 NYCRR 100.11 in developing the academic
16 improvement plan, financial plan, district goals, implementation of
17 district priorities and budgetary recommendations.
18 5. The monitor shall assist in resolving any disputes and conflicts,
19 including but not limited to, those between the superintendent and the
20 board of education and among the members of the board of education.
21 6. The monitor may recommend, and the board shall consider by vote of
22 a resolution at the next scheduled meeting of the board, cost saving
23 measures including, but not limited to, shared service agreements.
24 § 9. The commissioner may overrule any decision of the monitor, except
25 for collective bargaining agreements negotiated in accordance with arti-
26 cle 14 of the civil service law, if he or she deems that such decision
27 is not aligned with the financial plan, academic improvement plan, or
28 the school district's budget.
29 § 10. The monitor may notify the commissioner and the board in writing
30 when he or she deems the district is violating an element of the finan-
31 cial plan or academic improvement plan in this act. Within twenty days,
32 the commissioner shall determine whether the district is in violation of
33 any of the elements of the plans highlighted by the monitor and shall
34 order the district to comply immediately with the plans and remedy any
35 such violation. The school district shall suspend all actions related to
36 the potential violation of the financial plan or academic improvement
37 plan until the commissioner issues a determination.
38 § 11. Nothing in this act shall be construed to abrogate the duties
39 and responsibilities of the school district consistent with applicable
40 state law and regulations.
41 § 12. This act shall take effect immediately; provided, however,
42 section one of this act shall take effect on the same date as a chapter
43 of the laws of 2019, authorizing the commissioner of education and the
44 chancellor of the board of regents, with the approval of the board of
45 regents, to appoint monitors to oversee the Hempstead union free school
46 district, as proposed in legislative bills numbers S.6559 and A.8403,
47 takes effect; and provided further, however sections two, three, four,
48 five, six, seven, eight, nine, ten and eleven of this act shall expire
49 and be deemed repealed June 30, 2025.
