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S09460 Summary:
BILL NO | S09460 |
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SAME AS | SAME AS A10498 |
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SPONSOR | LIU |
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COSPNSR | JACKSON, PARKER |
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MLTSPNSR | |
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Amd §211-d, Ed L | |
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Makes modifications to the contract for excellence in a city school district in a city having a population of one million or more. |
S09460 Floor Votes:
Yes
Abbate
Yes
Chandler-Waterm
Yes
Forrest
Yes
Joyner
Yes
O'Donnell
Yes
Simon
Yes
Abinanti
Yes
Clark
Yes
Friend
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Anderson
Yes
Colton
Yes
Frontus
Yes
Kim
Yes
Palmesano
Yes
Smith
Yes
Angelino
Yes
Conrad
Yes
Galef
Yes
Lalor
Yes
Paulin
Yes
Smullen
Yes
Ashby
Yes
Cook
Yes
Gallagher
Yes
Lavine
Yes
Peoples-Stokes
Yes
Solages
Yes
Aubry
Yes
Cruz
Yes
Gallahan
Yes
Lawler
Yes
Pheffer Amato
Yes
Steck
Yes
Barclay
Yes
Cunningham
Yes
Gandolfo
Yes
Lemondes
Yes
Pretlow
Yes
Stern
Yes
Barnwell
Yes
Cusick
Yes
Gibbs
Yes
Lucas
Yes
Quart
Yes
Stirpe
Yes
Barrett
Yes
Cymbrowitz
Yes
Giglio JA
Yes
Lunsford
Yes
Ra
Yes
Tague
Yes
Benedetto
Yes
Darling
Yes
Giglio JM
Yes
Lupardo
Yes
Rajkumar
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Davila
Yes
Glick
Yes
Magnarelli
Yes
Ramos
Yes
Tapia
Yes
Blankenbush
Yes
De Los Santos
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Brabenec
Yes
DeStefano
Yes
Goodell
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Braunstein
Yes
Dickens
Yes
Gottfried
Yes
McDonald
Yes
Rivera J
Yes
Vanel
Yes
Bronson
Yes
Dilan
Yes
Griffin
Yes
McDonough
Yes
Rivera JD
Yes
Walczyk
Yes
Brown E
Yes
Dinowitz
Yes
Gunther
Yes
McMahon
Yes
Rosenthal D
Yes
Walker
Yes
Brown K
No
DiPietro
Yes
Hawley
Yes
Meeks
Yes
Rosenthal L
Yes
Wallace
Yes
Burdick
Yes
Durso
Yes
Hevesi
Yes
Mikulin
Yes
Rozic
Yes
Walsh
Yes
Burgos
Yes
Eichenstein
Yes
Hunter
Yes
Miller
Yes
Salka
Yes
Weinstein
Yes
Burke
Yes
Englebright
Yes
Hyndman
Yes
Mitaynes
ER
Santabarbara
Yes
Weprin
Yes
Buttenschon
Yes
Epstein
Yes
Jackson
Yes
Montesano
Yes
Sayegh
Yes
Williams
Yes
Byrne
Yes
Fahy
Yes
Jacobson
Yes
Morinello
Yes
Schmitt
Yes
Woerner
Yes
Byrnes
Yes
Fall
Yes
Jean-Pierre
Yes
Niou
Yes
Seawright
Yes
Zebrowski
Yes
Cahill
Yes
Fernandez
Yes
Jensen
Yes
Nolan
Yes
Septimo
Yes
Zinerman
Yes
Carroll
No
Fitzpatrick
Yes
Jones
Yes
Norris
Yes
Sillitti
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S09460 Text:
Go to top 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. LBD16015-03-2S. 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 theS. 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, [as14adjusted for additional amounts payable as charter school basic tuition15over 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-32age] actual class sizes, [as defined by the commissioner, within five33years 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 reduction50for 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 collectiveS. 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, that14notwithstanding any law, rule or regulation to the contrary, the sole15and exclusive remedy for a violation of the requirements of this para-16graph shall be pursuant to a petition to the commissioner under subdivi-17sion seven of section three hundred ten of this title, and the decision18of 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-48sand seven school year, the actual student enrollment for the two thou-49sand seven--two thousand eight school year, the actual student enroll-50ment for the two thousand eight--two thousand nine school year,] current 51 school year and the projected student enrollment for the [two thousand52nine--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--two55thousand seven school year, the actual average class sizes for the two56thousand seven--two thousand eight school year, the actual average classS. 9460 6 1sizes for the two thousand eight--two thousand nine] current school 2 year, and the projected [average] class sizes for the [two thousand3nine--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 before17November seventeenth, two thousand nine and shall be made available to18the 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, school50districts shall solicit public comment on their contracts for excel-51lence.] 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 andS. 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.