Extends the powers of the monitor of the Wyandanch union free school district to include overriding of any resolutions or motions; authorizes the monitor to direct the board, superintendent, and/or other school district officers to undergo any necessary training; grants the monitor the power to approve or disapprove the appointment of the superintendent by the board of education; requires an academic improvement plan to be developed by the board of education and the monitor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5112
SPONSOR: O'Pharrow TITLE OF BILL:
An act to amend chapter 18 of the laws of 2020 authorizing the commis-
sioner of education to appoint a monitor to oversee the Wyandanch union
free school district and establishing the powers and duties of the moni-
tor, in relation to extending the powers of the monitor
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to grant the Wyandanch UFSD Fiscal
Monitor additional powers.
SUMMARY OF PROVISIONS:
Section one amends Section 4 of chapter 18 of the laws of 2020 by adding
three new subdivisions which grants the Wyandanch UFSD Fiscal Monitor
veto powers.
Section two amends chapter 18 of the laws of 2020 amended by adding a
new section 7-a that requires the Wyandanch UFSD board of education and
fiscal monitor to create an academic improvement plan.
Section three sets the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
The Wyandanch Union Free School District has seen a serious turnaround
in their fiscal stability since the state monitor was appointed. While
there has been success fiscally for the district, academic performance
has yet to see a similar increase. Proficiency in mathematics and ELA
are well below the state average. For grades three through eight, the
district is 38% lower than the state average in ELA and 56% in Mathemat-
ics. This is extremely concerning. This legislation hopes to build off
the positives put in place by the fiscal monitor by granting them veto
power and the ability to craft an academic plan with the board. In turn,
this will hopefully foster academic success in the district.
PRIOR LEGISLATIVE HISTORY:
N/A
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to chapter 18 of the laws of 2020 authorizing the commission-
er of education to appoint a monitor to oversee the Wyandanch union free
school district and establishing the powers and duties of the monitor,
made by sections one and two of this act shall not affect the expiration
of such chapter and shall expire and be deemed repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
5112
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. O'PHARROW -- read once and referred to the
Committee on Education
AN ACT to amend chapter 18 of the laws of 2020 authorizing the commis-
sioner of education to appoint a monitor to oversee the Wyandanch
union free school district and establishing the powers and duties of
the monitor, in relation to extending the powers of the monitor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4 of chapter 18 of the laws of 2020 authorizing the
2 commissioner of education to appoint a monitor to oversee the Wyandanch
3 union free school district and establishing the powers and duties of the
4 monitor, is amended by adding three new subdivisions 3, 4 and 5 to read
5 as follows:
6 3. In the event that the monitor or monitors find that an adopted
7 resolution or motion, a proposed resolution or motion, or that the
8 board's failure to act violates state law, the rules of the board of
9 regents, the regulations of the commissioner, or is inconsistent with
10 the terms of the long term strategic academic and fiscal improvement
11 plan, the monitor or monitors may:
12 (a) Override adopted or proposed resolutions or motions by the board
13 through the issuance of a directive which shall contain the specific
14 findings as to the necessity of such override and any potential correc-
15 tive action by the board that would address the deficiency in such
16 adopted or proposed resolution or motion. The monitor or monitors shall
17 provide written notice to the board, superintendent and commissioner of
18 their intention to override the adopted or proposed resolution or motion
19 at any time but in no event later than 48 hours after such resolution or
20 motion was adopted by the board unless the commissioner has extended the
21 period to override due to extenuating circumstances that necessitate
22 additional time. The override notice shall stay the proceedings of the
23 board on such adopted resolution or motion or, if the notice is provided
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02772-01-5
A. 5112 2
1 prior to action by the board, it shall remove such proposed resolution
2 or motion from consideration by the board pending the issuance of a
3 directive by the monitor or monitors. The monitor or monitors must
4 submit the directive to the board, superintendent and the commissioner
5 no later than 10 days following notice of such override. Upon the issu-
6 ance of a directive, the override of the board's adopted or proposed
7 resolution or motion shall be final and conclusive unless the monitor or
8 monitors fail to issue such directive within 10 days or within such
9 period established by the monitor or monitors if the period was
10 extended, withdraws such override, or the commissioner overrules the
11 monitor or monitors' override within 10 days of the issuance of the
12 directive. The monitor or monitors may extend the period to submit such
13 directive, at intervals of 10 additional days for each extension, if the
14 board, superintendent or school district employees fail to provide all
15 relevant information requested by the monitor or monitors related to the
16 adopted or proposed resolution or motion subject to such override within
17 48 hours of such request.
18 (b) The resolution shall be submitted to the clerk no later than 48
19 hours prior to the next scheduled board meeting who shall cause the
20 resolution to be placed on the next board meeting agenda and a copy to
21 be issued to the board, superintendent and commissioner accompanied by
22 specific findings as to the necessity of such resolution. The monitor or
23 monitors may direct the board to meet at a date prior to the next sched-
24 uled board meeting to take up such resolution. The monitor or monitors
25 may withdraw the resolution prior to, or during, the next board meeting,
26 if the board takes sufficient action to resolve the issues contained in
27 the resolution. If the resolution is not withdrawn, it shall be deemed
28 to be adopted at the next board meeting through its submission and shall
29 have the full force and effect as any other resolution adopted by the
30 board.
31 (c) The monitor or monitors shall not override an adopted or proposed
32 resolution or motion or submit a resolution related to collective
33 bargaining agreements negotiated in accordance with article 14 of the
34 civil service law.
35 4. The monitor or monitors may direct the board, superintendent,
36 and/or other school district officers to undergo any training as deemed
37 necessary and pursuant to timelines established by the state monitor or
38 monitors.
39 5. The monitor or monitors shall have the power to approve or disap-
40 prove the appointment of a superintendent by the board of education on
41 or after the effective date of this act. The board shall submit the
42 recommendation for superintendent to the monitor or monitors for
43 approval. The monitor or monitors shall have 10 days to approve or
44 disapprove the board's recommendation. If after such period no action is
45 taken by the monitor or monitors, the recommendation for superintendent
46 shall be deemed approved. If the monitor or monitors disapproves of the
47 appointment, then the board shall recommend a new candidate for the
48 monitor or monitors to approve or disapprove until an appointment is
49 approved by the monitor or monitors. In the event that a vacancy occurs
50 in the position of superintendent due to the disapproval of a recommen-
51 dation, the monitor or monitors may appoint a current school employee as
52 interim superintendent until a recommendation for superintendent is
53 approved.
54 § 2. Chapter 18 of the laws of 2020 authorizing the commissioner of
55 education to appoint a monitor to oversee the Wyandanch union free
A. 5112 3
1 school district and establishing the powers and duties of the monitor,
2 is amended by adding a new section 7-a to read as follows:
3 § 7-a. Academic improvement plan. 1. No later than November 1, 2025,
4 the board of education and the monitor shall develop an academic
5 improvement plan for the district's 2025--2026 school year and the four
6 subsequent school years. The academic improvement plan shall contain a
7 series of programmatic recommendations designed to improve academic
8 performance over the period of the plan in those academic areas that the
9 commissioner deems to be in need of improvement which shall include
10 addressing the provisions contained in any action plan set forth by the
11 department.
12 2. If the board of education and the monitor agree on all the elements
13 of the proposed academic improvement plan, the board of education shall
14 conduct a public hearing on the plan and consider the input of the
15 community. The proposed academic improvement plan shall be made public
16 on the district's website at least 3 business days before such public
17 hearing. Once the proposed academic improvement plan has been approved
18 by the board of education, such plan shall be submitted by the monitor
19 to the commissioner for approval and shall be deemed approved for the
20 purposes of this act.
21 3. If the board of education and the monitor do not agree on all the
22 elements of the proposed academic improvement plan, the board of educa-
23 tion shall conduct a public hearing on the proposed plan that details
24 the elements of disagreement between the monitor and the board, includ-
25 ing documented justification for such disagreements and any requested
26 amendments from the monitor. The proposed academic improvement plan,
27 elements of disagreement, and requested amendments shall be made public
28 on the district's website at least 3 business days before such public
29 hearing. After considering the input of the community, the board may
30 alter the proposed academic improvement plan and the monitor may alter
31 his or her requested amendments, and the monitor shall submit the
32 proposed academic improvement plan, such monitor's amendments to the
33 plan, and documentation providing justification for such disagreements
34 and amendments to the commissioner no later than December 1, 2025. By
35 January 15, 2026, the commissioner shall approve the proposed plan with
36 any of the monitor's proposed amendments, or make other modifications,
37 such commissioner deems appropriate. The board of education shall
38 provide the commissioner with any information such commissioner requests
39 to approve such plan within 3 business days of such request. Upon the
40 approval of such commissioner, the academic improvement plan shall be
41 deemed approved for purposes of this act.
42 § 3. This act shall take effect immediately; provided, however, that
43 the amendments to chapter 18 of the laws of 2020 authorizing the commis-
44 sioner of education to appoint a monitor to oversee the Wyandanch union
45 free school district and establishing the powers and duties of the moni-
46 tor, made by sections one and two of this act shall not affect the expi-
47 ration of such chapter and shall expire and be deemed repealed there-
48 with.
