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A08556 Summary:

BILL NOA08556D
 
SAME ASSAME AS UNI. S06356-D
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance; authorizes New York city to establish local tuition rates for approved special education itinerant services; relates to the apportionment and reimbursement of a program for work force education conducted by the consortium for worker education in New York city; amends certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; makes permanent certain provisions relating to transportation contracts; relates to state aid to school districts and the appropriation of funds for the support of government; relates to educational opportunities for students with disabilities; amends the definition of "school district basic contribution"; relates to conditional appointment of school district, charter school or BOCES employees; relates to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to the Valley Stream school district; extends the expiration of certain provisions relating to implementation of the No Child Left Behind Act of 2001; relates to the submission of an expenditure plan by the Roosevelt Union free school district; relates to certain apportionments authorizing the Roosevelt Union free serial bonds; relates to the effectiveness of certain provisions related to census reporting; provides special apportionment for school bus driver training; relates to the effectiveness of certain provisions relating to the support of education; provides special apportionment for salary expenses; provides special apportionment for public pension accruals; provides special apportionment for salary expenses; relates to suballocation of certain education department accruals; relates to the support of public libraries and repeals certain provisions of the education law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part A); authorizes the creation of a state debt in the amount of two billion dollars; creates the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning technology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); relates to the implementation of the smart schools bond act of 2014 (Part C); enacts the "nurse practitioners modernization act"; provides for the repeal of such provisions upon expiration thereof (Part D); creates the science, technology, engineering and mathematics incentive program (Part G); relates to the New York state higher education capital matching grant program for independent colleges and the effectiveness thereof (Part H); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); relates to notice of inspection reports (Part Q); relates to income eligibility for the block grant for child care (Part R); relates to the powers of social services officials to receive and dispose of a deed, mortgage, or lien (Part S); relates to reporting on post adoption services (Part T); relates to tuition assistance program awards starting in 2014-15 (Part U); relates to the granting of student loan forgiveness awards for the purpose of increasing the number of social workers serving in critical human service areas (Part V); relates to community colleges and state aided four year colleges and non-resident and out of state students (Part W); relates to student financial aid awards and tuition assistance program awards (Part X); establishes the New York state young farmers loan forgiveness incentive program (Part Y); requires the chancellor of the state university of New York to report to the governor and the legislature on economic development activities (Part Z); prohibits the administration of traditional standardized tests in pre-kindergarten programs and in grades kindergarten through second grade (Subpart A); provides that standardized test scores shall not be included on a student's permanent record; provides for the repeal of such provisions upon expiration thereof (Subpart B); provides that no school shall make promotion or placement decisions based solely or primarily on standardized test scores (Subpart C); relates to standardized test requirement for students with disabilities and English language learners (Subpart D); relates to the amount of time spent on standardized testing and test prep (Subpart E); relates to transparency in testing (Subpart F); reduces the number of standardized tests (Subpart G); relates to assessment information for teachers and the public (Subpart H); relates to assistance to parents and families in understanding common core learning standards (Subpart I); relates to additional professional development support for educators (Subpart J); prohibits the release of student information to certain entities (Subpart K); protects student privacy and ensures data security (Subpart L); (Part AA); relates to financing of charter schools (Part BB); relates to universal full-day pre-kindergarten (Part CC).
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A08556 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6356--D                                            A. 8556--D
 
                SENATE - ASSEMBLY
 
                                    January 21, 2014
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered

          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee  on  Ways  and  Means -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee --  again  reported  from
          said  committee  with  amendments,  ordered  reprinted  as amended and
          recommitted to said committee -- again reported  from  said  committee

          with  amendments, ordered reprinted as amended and recommitted to said
          committee
 
        AN ACT to amend the education law, in relation to contracts  for  excel-
          lence,  calculation  of  the gap elimination restoration amount, total
          foundation aid, apportionment of  school  aid,  teachers  of  tomorrow
          teacher recruitment and retention program, school district reorganiza-
          tions  and  real  property  tax rates, transportation after 4 p.m., to
          establish a teacher  excellence  fund,  relates  to  charter  schools,
          subjecting  charter  schools to financial audits by the comptroller of
          the city of New York for such charter schools located in such city and
          by the state comptroller for charter schools located  outside  of  the
          city  of  New  York,  closure  or  dissolution  of charter schools, to
          authorize the commissioner of education to establish regional  tuition

          rates  for approved special education itinerant services, to authorize
          reimbursement for approved special education itinerant services  based
          on  actual  attendance,  to authorize New York city to establish local
          tuition rates for approved special education  itinerant  services;  to
          amend  chapter  756  of the laws of 1992 relating to funding a program
          for work force education conducted by the consortium for worker educa-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12672-06-4

        S. 6356--D                          2                         A. 8556--D
 
          tion in New York city, in relation to apportionment and reimbursement;

          and in relation to extending the expiration of certain provisions;  to
          amend  chapter  169 of the laws of 1994 relating to certain provisions
          related  to  the  1994-95 state operations, aid to localities, capital
          projects and debt service budgets; to amend chapter 698 of the laws of
          1996 amending the education law relating to transportation  contracts,
          in  relation  to making such provisions permanent; to amend chapter 82
          of the laws of 1995, amending the education law and certain other laws
          relating to state aid to school districts  and  the  appropriation  of
          funds  for  the  support of government; to amend the education law, in
          relation to educational opportunities for students with  disabilities;
          to  amend  the education law, in relation to the definition of "school
          district basic contribution"; to amend chapter 147 of the laws of 2001

          amending the education law  relating  to  conditional  appointment  of
          school  district,  charter school or BOCES employees; to amend chapter
          425 of the laws of 2002 amending the education  law  relating  to  the
          provision  of  supplemental educational services, attendance at a safe
          public school and the suspension of pupils who bring a firearm  to  or
          possess a firearm at a school; in relation to the Valley Stream school
          district; to amend chapter 101 of the laws of 2003 amending the educa-
          tion law relating to implementation of the No Child Left Behind Act of
          2001, in relation to extending the expiration of certain provisions of
          such  chapters;  to  amend  the  education  law,  in  relation  to the
          submission of an expenditure plan by the Roosevelt Union  free  school
          district;  to  amend  chapter  121  of  the  laws of 1996, relating to

          authorizing the Roosevelt Union free school district to finance  defi-
          cits  by  the  issuance of serial bonds, in relation to certain appor-
          tionments; to amend chapter 97 of the laws of 2011 amending the educa-
          tion  law  relating  to  census  reporting,   in   relation   to   the
          effectiveness thereof; to provide special apportionment for school bus
          driver  training; to amend chapter 57 of the laws of 2004, relating to
          the support of education, in relation to the effectiveness thereof; to
          provide special apportionment for salary expenses; to provide  special
          apportionment  for  public pension accruals; to provide special appor-
          tionment for salary expenses; in relation to suballocation of  certain
          education  department  accruals;  in relation to the support of public
          libraries; to repeal certain provisions of the education law  relating

          thereto; and providing for the repeal of certain provisions upon expi-
          ration  thereof  (Part A); authorizing the creation of a state debt in
          the amount of two billion dollars, in relation to creating  the  smart
          schools  bond act of 2014 for the purposes of funding capital projects
          to provide  learning  technology  equipment  or  facilities,  enhanced
          internet  connectivity  for  schools  and communities, and educational
          facilities to accommodate pre-kindergarten programs; and providing for
          the submission to the people of a proposition or question therefor  to
          be  voted  upon  at  the general election to be held in November, 2014
          (Part B); to amend the education law and the  state  finance  law,  in
          relation  to  the implementation of the smart schools bond act of 2014
          (Part C); to amend the education law,  in  relation  to  enacting  the

          "nurse  practitioners modernization act"; and providing for the repeal
          of such provisions upon expiration  thereof  (Part  D);  intentionally
          omitted  (Part E); intentionally omitted (Part F); to amend the educa-
          tion law, in relation to creating the science, technology, engineering
          and mathematics incentive program (Part G); to amend chapter 57 of the
          laws of 2005 amending the labor law and other  laws  implementing  the
          state fiscal plan for the 2005-2006 state fiscal year, relating to the

        S. 6356--D                          3                         A. 8556--D
 
          New  York  state  higher  education capital matching grant program for
          independent colleges, in relation to the New York state higher  educa-
          tion  matching  grant  program for independent colleges and the effec-

          tiveness  thereof  (Part  H);  intentionally  omitted (Part I); inten-
          tionally omitted (Part J); to utilize reserves  in  the  project  pool
          insurance  account  of the mortgage insurance fund for various housing
          purposes (Part K); intentionally omitted (Part L); intentionally omit-
          ted (Part M); intentionally omitted (Part  N);  intentionally  omitted
          (Part O); intentionally omitted (Part P); to amend the social services
          law,  in  relation  to notice of inspection reports (Part Q); to amend
          the social services law, in relation to  income  eligibility  for  the
          block grant for child care (Part R); to amend the social services law,
          in  relation to the powers of social services officials to receive and
          dispose of a deed, mortgage, or lien (Part S);  to  amend  the  social
          services law, in relation to reporting on post adoption services (Part

          T);  to  amend  the  education  law, in relation to tuition assistance
          program awards starting in 2014-15 (Part U); to  amend  the  education
          law,  in  relation  to the granting of student loan forgiveness awards
          for the purpose of increasing the number of social workers serving  in
          critical  human service areas (Part V); to amend the education law, in
          relation to community colleges and state aided four year colleges  and
          non-resident  and  out of state students (Part W); to amend the educa-
          tion law, in relation to student  financial  aid  awards  and  tuition
          assistance  program  awards  (Part  X); to amend the education law, in
          relation to  establishing  the  New  York  state  young  farmers  loan
          forgiveness incentive program (Part Y); to amend the education law, in
          relation  to  requiring  the chancellor of the state university of New

          York to report to the governor and the legislature on economic  devel-
          opment activities (Part Z); to amend the education law, in relation to
          prohibiting  the  administration  of traditional standardized tests in
          pre-kindergarten programs and in grades  kindergarten  through  second
          grade  (Subpart A); to amend the education law, in relation to provid-
          ing that standardized test scores shall not be included on a student's
          permanent record; and providing for the repeal of such provisions upon
          expiration thereof  (Subpart  B);  to  amend  the  education  law,  in
          relation to providing that no school shall make promotion or placement
          decisions  based  solely  or  primarily  on  standardized  test scores
          (Subpart C); to amend the education law, in relation  to  standardized
          tests requirements for students with disabilities and English language

          learners  (Subpart  D); to amend the education law, in relation to the
          amount of time spent on standardized testing and  test  prep  (Subpart
          E);  in  relation to transparency in testing (Subpart F); to amend the
          education law, in relation to  reducing  the  number  of  standardized
          tests  (Subpart G); in relation to assessment information for teachers
          and the public (Subpart H); to amend the education law, in relation to
          assistance to parents and families in understanding common core learn-
          ing standards (Subpart I); to amend the education law, in relation  to
          additional professional development support for educators (Subpart J);
          in  relation  to  prohibiting  the  release  of student information to
          certain entities (Subpart K); and  to  amend  the  education  law,  in
          relation  to  protecting  student  privacy  and ensuring data security

          (Subpart L)(Part AA); to amend  the  education  law,  in  relation  to
          financing  of  charter  schools  (Part BB); and to amend the education
          law, in relation to universal full-day pre-kindergarten (Part CC)

        S. 6356--D                          4                         A. 8556--D
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2014-2015
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified as Parts A through CC. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-

     7  ing the effective date of the Part, which makes a reference to a section
     8  "of  this  act", when used in connection with that particular component,
     9  shall be deemed to mean and refer to the corresponding  section  of  the
    10  Part  in  which  it  is  found. Section three of this act sets forth the
    11  general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    14  tion law, as amended by section 2 of part A of chapter 57 of the laws of
    15  2013, is amended to read as follows:
    16    e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
    17  district  that  submitted a contract for excellence for the two thousand
    18  eight--two thousand nine school year shall submit a contract for  excel-
    19  lence  for  the  two  thousand  nine--two  thousand  ten  school year in

    20  conformity with the requirements of subparagraph (vi) of paragraph a  of
    21  subdivision  two  of this section unless all schools in the district are
    22  identified as in good standing  and  provided  further  that,  a  school
    23  district  that  submitted a contract for excellence for the two thousand
    24  nine--two thousand ten school year, unless all schools in  the  district
    25  are  identified  as in good standing, shall submit a contract for excel-
    26  lence for the two thousand eleven--two thousand twelve school year which
    27  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    28  graph  a of subdivision two of this section, provide for the expenditure
    29  of an amount which shall be not less than  the  product  of  the  amount
    30  approved  by the commissioner in the contract for excellence for the two
    31  thousand  nine--two  thousand  ten  school  year,  multiplied   by   the

    32  district's  gap  elimination  adjustment percentage and provided further
    33  that, a school district that submitted a contract for excellence for the
    34  two thousand eleven--two thousand twelve school year, unless all schools
    35  in the district are identified as  in  good  standing,  shall  submit  a
    36  contract  for excellence for the two thousand twelve--two thousand thir-
    37  teen school  year  which  shall,  notwithstanding  the  requirements  of
    38  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    39  provide for the expenditure of an amount which shall be  not  less  than
    40  the  amount  approved by the commissioner in the contract for excellence
    41  for the  two  thousand  eleven--two  thousand  twelve  school  year  and
    42  provided  further  that, a school district that submitted a contract for
    43  excellence for the two thousand  twelve--two  thousand  thirteen  school

    44  year,  unless  all  schools  in  the  district are identified as in good
    45  standing, shall submit a contract for excellence for  the  two  thousand
    46  thirteen--two thousand fourteen school year which shall, notwithstanding
    47  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    48  of this section, provide for the expenditure of an amount which shall be
    49  not less than the amount approved by the commissioner  in  the  contract
    50  for excellence for the two thousand twelve--two thousand thirteen school
    51  year  and  provided  further  that,  a  school district that submitted a

        S. 6356--D                          5                         A. 8556--D
 
     1  contract for excellence for  the  two  thousand  thirteen--two  thousand
     2  fourteen  school year, unless all schools in the district are identified

     3  as in good standing, shall submit a contract for excellence for the  two
     4  thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
     5  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
     6  subdivision  two  of  this  section,  provide  for the expenditure of an
     7  amount which shall be not less than the amount approved by  the  commis-
     8  sioner in the contract for excellence for the two thousand thirteen--two
     9  thousand fourteen school year.  For purposes of this paragraph, the "gap
    10  elimination adjustment percentage" shall be calculated as the sum of one
    11  minus  the  quotient  of the sum of the school district's net gap elimi-
    12  nation adjustment for two thousand  ten--two  thousand  eleven  computed
    13  pursuant  to chapter fifty-three of the laws of two thousand ten, making

    14  appropriations for the support of government, plus the school district's
    15  gap elimination adjustment for two thousand eleven--two thousand  twelve
    16  as  computed pursuant to chapter fifty-three of the laws of two thousand
    17  eleven, making appropriations for the support of  the  local  assistance
    18  budget,  including  support  for  general  support  for  public schools,
    19  divided by the total aid for adjustment  computed  pursuant  to  chapter
    20  fifty-three  of  the  laws of two thousand eleven, making appropriations
    21  for the local assistance budget, including support for  general  support
    22  for  public  schools.  Provided,  further,  that  such  amount  shall be
    23  expended to support  and  maintain  allowable  programs  and  activities
    24  approved  in  the  two thousand nine--two thousand ten school year or to
    25  support new or expanded allowable programs and activities in the current
    26  year.

    27    § 2. Paragraph (f) of subdivision 17 of section 3602 of the  education
    28  law, as added by section 12 of part A of chapter 57 of the laws of 2013,
    29  is amended and a new paragraph (g) is added to read as follows:
    30    (f)  The  gap  elimination  adjustment  restoration amount for the two
    31  thousand fourteen--two thousand  fifteen  school  year  [and  thereafter
    32  shall  equal  the  product  of  the  gap elimination percentage for such
    33  district and  the  gap  elimination  adjustment  restoration  allocation
    34  established  pursuant  to  subdivision  eighteen of this section.] for a
    35  school district shall be computed based on data on file with the commis-
    36  sioner and in the database  used  by  the  commissioner  to  produce  an
    37  updated  electronic  data  file in support of the enacted budget for the

    38  two thousand fourteen--two thousand fifteen state fiscal year and  enti-
    39  tled "SA141-5" and shall equal the greater of:
    40    (i)  the  product of fourteen and thirteen hundredths percent (0.1413)
    41  multiplied by the gap elimination adjustment for the base year or;
    42    (ii) the positive difference of (a) the product of twenty-nine percent
    43  (0.29) multiplied by the absolute value of the amount set forth for such
    44  school district  as  "GAP  ELIMINATION  ADJUSTMENT"  under  the  heading
    45  "2011-12  ESTIMATED AIDS" in the school aid computer listing produced by
    46  the commissioner in support of the executive  budget  request  submitted
    47  for  the  two thousand eleven--two thousand twelve state fiscal year and

    48  entitled "BT111-2" minus (b) the positive  difference  of  the  absolute
    49  value  of  the  amount set forth for such school district as "GAP ELIMI-
    50  NATION ADJUSTMENT" under the heading "2011-12  ESTIMATED  AIDS"  in  the
    51  school  aid  computer listing produced by the commissioner in support of
    52  the executive budget request submitted for the two thousand  eleven--two
    53  thousand  twelve  state fiscal year and entitled "BT111-2" minus the gap
    54  elimination adjustment for the base year or;
    55    (iii) seventy thousand dollars ($70,000) or;
    56    (iv) the sum of:

        S. 6356--D                          6                         A. 8556--D
 
     1    (A) the product of the FRPL restoration amount multiplied by the  base

     2  year  public school district enrollment as computed pursuant to subpara-
     3  graph two of paragraph n of subdivision one of this  section  multiplied
     4  by the three-year average free and reduced price lunch percent, provided
     5  further,  for the purposes of this paragraph the FRPL restoration amount
     6  shall equal (1) for a city school district of a city having a population
     7  in excess of one hundred twenty-five thousand and less than one million,
     8  five dollars ($5.00) or (2) for a city school district of a city  having
     9  a  population  in  excess  of  one million, one hundred four dollars and
    10  forty cents ($104.40) or (3) for all other school districts  forty-three
    11  dollars ($43.00); and
    12    (B)  for  a  school  district  with  (1) a three-year average free and

    13  reduced price lunch percent greater than sixty-five percent  (0.65)  and
    14  (2)  base year public school district enrollment as computed pursuant to
    15  subparagraph two of paragraph n  of  subdivision  one  of  this  section
    16  greater  than thirty-five hundred (3,500) and for which (3) the quotient
    17  of (a) the positive difference, if any, of the  absolute  value  of  the
    18  amount  set  forth  for such school district as "GAP ELIMINATION ADJUST-
    19  MENT" under the heading "2011-12  ESTIMATED  AIDS"  in  the  school  aid
    20  computer  listing  produced by the commissioner in support of the execu-
    21  tive budget request submitted for the two thousand eleven--two  thousand
    22  twelve  state  fiscal  year  and  entitled  "BT111-2" minus the positive

    23  difference of the absolute value of the amount set forth for such school
    24  district as "GAP ELIMINATION  ADJUSTMENT"  under  the  heading  "2014-15
    25  ESTIMATED  AIDS"  in  the  school  aid  computer listing produced by the
    26  commissioner in support of the executive budget  request  submitted  for
    27  the  two  thousand  fourteen--two thousand fifteen state fiscal year and
    28  entitled "BT141-5" divided by (b) the absolute value of the  amount  set
    29  forth for such school district as "GAP ELIMINATION ADJUSTMENT" under the
    30  heading  "2011-12  ESTIMATED  AIDS"  in  the school aid computer listing
    31  produced by the commissioner in support to the executive budget  request
    32  submitted  for the two thousand eleven--two thousand twelve state fiscal

    33  year and entitled "BT111-2" is less than sixty percent (0.60), the prod-
    34  uct of one hundred and forty-three dollars ($143.00) multiplied  by  the
    35  base  year  public  school  district  enrollment as computed pursuant to
    36  subparagraph two of paragraph n of subdivision one of this section; and
    37    (C) for a school district other than a city school district of a  city
    38  having  a  population in excess of one million for which the quotient of
    39  (a) the positive difference, if any, of the limited  English  proficient
    40  count  for  the base year minus the limited English proficient count for
    41  the two thousand eight--two thousand nine school year divided by (b) the
    42  limited English proficient count for the two thousand  eight--two  thou-

    43  sand  nine  school year is greater than five percent (0.05), the product
    44  of one thousand five hundred dollars ($1,500) multiplied by the positive
    45  difference, if any of the limited English proficient count for the  base
    46  year  minus  the  limited  English proficient count for the two thousand
    47  eight--two thousand  nine  school  year  multiplied  by  such  districts
    48  extraordinary  needs  percent  as  computed  pursuant  to paragraph w of
    49  subdivision one of this section; and
    50    (D) for a school district for which the  quotient  of  the  number  of
    51  persons  aged five to seventeen within the school district, based on the
    52  most recent decennial census as tabulated  by  the  National  Center  on

    53  Education  Statistics,  who  were  enrolled  in public schools and whose
    54  families had incomes below the  poverty  level,  divided  by  the  total
    55  number  of  person  aged  five  to seventeen within the school district,
    56  based on such decennial census, who were  enrolled  in  public  schools,

        S. 6356--D                          7                         A. 8556--D
 
     1  computed  to  four  decimals  without  rounding is greater than eighteen
     2  percent (0.18), the product of  four  hundred  and  ninety-five  dollars
     3  ($495)  multiplied  by  the positive difference, if any of the base year
     4  public  school  district enrollment as computed pursuant to subparagraph
     5  two of paragraph n of subdivision one of  this  section  minus  the  two

     6  thousand  ten--two thousand eleven public school district enrollment, as
     7  computed pursuant to subparagraph two of paragraph n of subdivision  one
     8  of this section; and
     9    (E)  for a school district for which (1) the quotient of the two thou-
    10  sand thirteen--two thousand fourteen gap elimination adjustment  divided
    11  by  the  total  general fund expenditures for such district for the base
    12  year exceeds five percent (0.05), the product of ninety dollars ($90.00)
    13  multiplied by the  base  year  public  school  district  enrollment,  as
    14  computed pursuant to paragraph n of subdivision one of this section; and
    15    (F)  for  school districts for which the quotient of non public school
    16  district enrollment divided by the sum of the non public school district

    17  enrollment and the  base  year  public  school  district  enrollment  as
    18  computed  pursuant to subparagraph two of paragraph n of subdivision one
    19  of this section is greater than twenty-five hundredths (0.25), the prod-
    20  uct of (1) the quotient of non public school district enrollment divided
    21  by the sum of the non public school district  enrollment  and  the  base
    22  year  public school district enrollment as computed pursuant to subpara-
    23  graph two of paragraph n of subdivision one of this  section  multiplied
    24  by (2) the extraordinary needs percent as computed pursuant to paragraph
    25  w  of  subdivision  one  of this section multiplied by (3) the base year
    26  public school district enrollment as computed pursuant  to  subparagraph

    27  two  of paragraph n of subdivision one of this section multiplied by (4)
    28  three hundred and fifty dollars ($350.00); and
    29    (G) for school districts that: (1) were  designated  as  average  need
    30  pursuant to clause (c) of subparagraph two of paragraph c of subdivision
    31  six  of this section for the school aid computer listing produced by the
    32  commissioner in support of the  enacted  budget  for  the  two  thousand
    33  seven--two  thousand  eight  school year and entitled "SA0708" and (2) a
    34  combined wealth ratio computed pursuant to subparagraph one of paragraph
    35  c of subdivision three of this section of less than one (1.0) or  for  a
    36  school  district  designated  as  high  need  urban-suburban pursuant to

    37  clause (c) of subparagraph two of paragraph c of subdivision six of this
    38  section for the school aid computer listing produced by the commissioner
    39  in support of the enacted budget for the two thousand  seven--two  thou-
    40  sand  eight  school year and entitled "SA0708", the product of fifty-one
    41  dollars ($51.00) multiplied by the  base  year  public  school  district
    42  enrollment  as  computed  pursuant to subparagraph two of paragraph n of
    43  subdivision one of this section; and
    44    (H) for a school district designated as rural high  need  pursuant  to
    45  clause (c) of subparagraph two of paragraph c of subdivision six of this
    46  section for the school aid computer listing produced by the commissioner

    47  in  support  of the enacted budget for the two thousand seven--two thou-
    48  sand eight school year and entitled "SA0708", the product of two hundred
    49  dollars ($200.00) multiplied by the base  year  public  school  district
    50  enrollment  as  computed  pursuant to subparagraph two of paragraph n of
    51  subdivision one of this section; and
    52    (I) for school districts that were designated  as  small  city  school
    53  districts or central school districts whose boundaries include a portion
    54  of  a  small  city  for  the school aid computer listing produced by the
    55  commissioner in support of the enacted budget for the two thousand four-
    56  teen--two thousand fifteen school year and entitled "SA1415" the product


        S. 6356--D                          8                         A. 8556--D
 
     1  of twenty-five dollars ($25.00)  multiplied  by  the  base  year  public
     2  school  district  enrollment as computed pursuant to subparagraph two of
     3  paragraph n of subdivision one of this section and for school  districts
     4  for  which  the  quotient, computed to two decimals without rounding, of
     5  the public school enrollment of the school district on the date  enroll-
     6  ment  was  counted in accordance with this subdivision for the base year
     7  divided by the square miles  of  the  district,  as  determined  by  the
     8  commissioner  is  less  than two hundred and fifty (250), the product of
     9  sixteen dollars ($16.00) multiplied  by  the  base  year  public  school

    10  district  enrollment  as  computed pursuant to subparagraph two of para-
    11  graph n of subdivision one of this section; and
    12    (J) For a district for which (1) the quotient, computed to  two  deci-
    13  mals  without  rounding,  of  the public school enrollment of the school
    14  district on the date enrollment was  counted  in  accordance  with  this
    15  subdivision  for  the  base  year  divided  by  the  square miles of the
    16  district, as determined  by  the  commissioner  is  greater  than  eight
    17  hundred  (800)  and  (2) the tax effort ratio, as defined in subdivision
    18  sixteen of this section is greater than  four  and  (3)  the  base  year
    19  public  school  district enrollment as computed pursuant to subparagraph

    20  two of paragraph n of subdivision one of this section  is  greater  than
    21  the two thousand ten--two thousand eleven public school district enroll-
    22  ment as computed pursuant to subparagraph two of paragraph n of subdivi-
    23  sion  one  of this section, the product of two hundred and fifty dollars
    24  ($250.00) multiplied by the base year public school district  enrollment
    25  as  computed  pursuant to subparagraph two of paragraph n of subdivision
    26  one of this section, provided that such  amount  shall  not  exceed  one
    27  million dollars ($1,000,000); and
    28    (K)  For  school districts that were: (1) designated as low or average
    29  need pursuant to clause (c) of subparagraph two of paragraph c of subdi-

    30  vision six of this section for the school aid computer listing  produced
    31  by  the  commissioner in support of the enacted budget for the two thou-
    32  sand seven--two thousand eight school year and entitled "SA0708", or  in
    33  the  case of a reorganized district that had a predecessor district that
    34  was so designated and (2) designated as high need pursuant to the  regu-
    35  lations  of  the  commissioner  in  the  most  recently  available study
    36  included in the school aid computer listing produced by the commissioner
    37  in support of the enacted budget  for  the  two  thousand  thirteen--two
    38  thousand  fourteen state fiscal year and entitled "SA131-4" known as the
    39  2008 need resource capacity category code, the product of (a) the  posi-

    40  tive  difference,  if any, of the absolute value of the amount set forth
    41  for such school district as "GAP ELIMINATION ADJUSTMENT" under the head-
    42  ing "2011-12 ESTIMATED AIDS" in the school aid computer listing produced
    43  by the commissioner in support of the executive budget request submitted
    44  for the two thousand eleven--two thousand twelve state fiscal  year  and
    45  entitled  "BT111-2"  minus  the  product of six and eight tenths percent
    46  (0.068) multiplied by  the  total  general  fund  expenditures  of  such
    47  district  for  the  two  thousand  ten--two thousand eleven school year,
    48  multiplied by (b) fifty-five hundredths (0.55); and
    49    (L) the amount set forth for such school district as "GEA RESTORATION"

    50  under the heading "2014-15 ESTIMATED AIDS" in the  school  aid  computer
    51  listing  produced by the commissioner in support of the executive budget
    52  request submitted for the two thousand  fourteen--two  thousand  fifteen
    53  state fiscal year and entitled "BT141-5".
    54    Provided  further,  notwithstanding any provision of this paragraph to
    55  the contrary, that a district's gap elimination  adjustment  restoration
    56  for  the  two  thousand fourteen--two thousand fifteen school year shall

        S. 6356--D                          9                         A. 8556--D
 
     1  not exceed the product of seventy percent (0.70) and the gap elimination
     2  adjustment for the base year for the district.

     3    (g)  The  gap  elimination  adjustment  restoration amount for the two
     4  thousand fifteen--two thousand sixteen school year and thereafter  shall
     5  equal  the  product  of the gap elimination percentage for such district
     6  and the gap elimination adjustment  restoration  allocation  established
     7  pursuant to subdivision eighteen of this section.
     8    § 3. Subdivision 4 of section 3602 of the education law, as amended by
     9  section  26  of  part  A  of chapter 58 of the laws of 2011, the opening
    10  paragraph, paragraphs a and b as amended by section 8-a  of  part  A  of
    11  chapter  57  of the laws of 2013, paragraph b-1 as amended by section 10
    12  of part A of chapter 97 of the laws of  2011,  is  amended  to  read  as
    13  follows:
    14    4.  Total  foundation  aid.    In  addition to any other apportionment

    15  pursuant to this chapter, a school district, other than  a  special  act
    16  school district as defined in subdivision eight of section four thousand
    17  one of this chapter, shall be eligible for total foundation aid equal to
    18  the  product  of  total aidable foundation pupil units multiplied by the
    19  district's selected foundation aid, which shall be the greater  of  five
    20  hundred dollars ($500) or foundation formula aid, provided, however that
    21  for  the  two  thousand  seven--two  thousand eight through two thousand
    22  eight--two thousand nine school years, no school district shall  receive
    23  total  foundation  aid  in excess of the sum of the total foundation aid
    24  base for aid payable in  the  two  thousand  seven--two  thousand  eight
    25  school  year  computed  pursuant  to  subparagraph (i) of paragraph j of
    26  subdivision one of this section, plus the phase-in  foundation  increase

    27  computed  pursuant  to  paragraph  b  of  this subdivision, and provided
    28  further that for the two thousand twelve--two thousand  thirteen  school
    29  year, no school district shall receive total foundation aid in excess of
    30  the  sum  of  the  total  foundation aid base for aid payable in the two
    31  thousand eleven--two thousand twelve school year  computed  pursuant  to
    32  paragraph  j of subdivision one of this section, plus the phase-in foun-
    33  dation increase computed pursuant to paragraph b  of  this  subdivision,
    34  and  provided  further  that for the two thousand thirteen--two thousand
    35  fourteen school year and thereafter, no school  district  shall  receive
    36  total  foundation  aid  in excess of the sum of the total foundation aid
    37  base computed pursuant  to  paragraph  j  of  subdivision  one  of  this
    38  section,  plus  the  phase-in  foundation  increase computed pursuant to

    39  paragraph b of this subdivision and provided further that total  founda-
    40  tion  aid shall not be less than the product of the total foundation aid
    41  base computed pursuant to paragraph j of subdivision one of this section
    42  and the due-minimum percent which shall be, for the two thousand twelve-
    43  -two thousand thirteen school year, one hundred and  six-tenths  percent
    44  (1.006)  and for the two thousand thirteen--two thousand fourteen school
    45  year for city school districts of those  cities  having  populations  in
    46  excess  of  one  hundred  twenty-five thousand and less than one million
    47  inhabitants one hundred and one and one hundred  and  seventy-six  thou-
    48  sandths  percent  (1.01176), and for all other districts one hundred and
    49  three-tenths percent (1.003), and for  the  two  thousand  fourteen--two
    50  thousand  fifteen  school  year  one  hundred and eighty-five hundredths

    51  percent (1.0085), subject to allocation pursuant to  the  provisions  of
    52  subdivision  eighteen of this section and any provisions of a chapter of
    53  the laws of New York as described therein, nor more than the product  of
    54  such  total  foundation  aid  base  and one hundred fifteen percent, and
    55  provided further that  for  the  two  thousand  nine--two  thousand  ten
    56  through  two  thousand  eleven--two  thousand  twelve school years, each

        S. 6356--D                         10                         A. 8556--D
 
     1  school district shall receive total foundation aid in an amount equal to
     2  the amount apportioned to such school  district  for  the  two  thousand
     3  eight--two thousand nine school year pursuant to this subdivision. Total
     4  aidable foundation pupil units shall be calculated pursuant to paragraph

     5  g  of  subdivision  two of this section. For the purposes of calculating
     6  aid pursuant to this subdivision, aid for the city  school  district  of
     7  the city of New York shall be calculated on a citywide basis.
     8    a.  Foundation  formula  aid.  Foundation  formula aid shall equal the
     9  remainder when the expected minimum  local  contribution  is  subtracted
    10  from  the product of the foundation amount, the regional cost index, and
    11  the pupil need index, or: (foundation amount x  regional  cost  index  x
    12  pupil need index)- expected minimum local contribution.
    13    (1)  The foundation amount shall reflect the average per pupil cost of
    14  general education instruction in successful school districts, as  deter-
    15  mined  by  a  statistical analysis of the costs of special education and
    16  general education in successful  school  districts,  provided  that  the

    17  foundation  amount  shall be adjusted annually to reflect the percentage
    18  increase in the consumer price index as computed pursuant to section two
    19  thousand twenty-two of this chapter, provided that for the two  thousand
    20  eight--two  thousand  nine  school year, for the purpose of such adjust-
    21  ment, the percentage increase in  the  consumer  price  index  shall  be
    22  deemed  to  be two and nine-tenths percent (0.029), and provided further
    23  that the foundation amount for  the  two  thousand  seven--two  thousand
    24  eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
    25  dollars, and provided further that for the two thousand seven--two thou-
    26  sand eight through two thousand  fifteen--two  thousand  sixteen  school
    27  years,  the  foundation amount shall be further adjusted by the phase-in
    28  foundation percent established pursuant to paragraph b of this  subdivi-
    29  sion.

    30    (2)  The regional cost index shall reflect an analysis of labor market
    31  costs based on median salaries in professional occupations that  require
    32  similar  credentials  to  those of positions in the education field, but
    33  not including those occupations in the education  field,  provided  that
    34  the regional cost indices for the two thousand seven--two thousand eight
    35  school year and thereafter shall be as follows:
    36            Labor Force Region  Index
    37            Capital District    1.124
    38            Southern Tier       1.045
    39            Western New York    1.091
    40            Hudson Valley       1.314
    41            Long Island/NYC     1.425
    42            Finger Lakes        1.141
    43            Central New York    1.103
    44            Mohawk Valley       1.000
    45            North Country       1.000
    46    (3)  The pupil need index shall equal the sum of one plus the extraor-

    47  dinary needs percent, provided, however, that the pupil need index shall
    48  not be less than one nor more than two. The extraordinary needs  percent
    49  shall  be  calculated pursuant to paragraph w of subdivision one of this
    50  section.
    51    (4) The expected minimum local contribution shall equal the lesser  of
    52  (i)  the product of (A) the quotient arrived at when the selected actual
    53  valuation is divided by total wealth foundation pupil units,  multiplied
    54  by  (B)  the  product  of the local tax factor, multiplied by the income
    55  wealth index, or (ii) the product of (A) the product of  the  foundation
    56  amount, the regional cost index, and the pupil need index, multiplied by

        S. 6356--D                         11                         A. 8556--D
 
     1  (B)  the  positive  difference,  if  any, of one minus the state sharing

     2  ratio for total foundation aid. The local tax  factor  shall  be  estab-
     3  lished by May first of each year by determining the product, computed to
     4  four  decimal  places  without rounding, of ninety percent multiplied by
     5  the quotient of the sum of the statewide average tax rate as computed by
     6  the commissioner for the current year in accordance with the  provisions
     7  of  paragraph  e of subdivision one of section thirty-six hundred nine-e
     8  of this part plus the statewide average tax rate computed by the commis-
     9  sioner for the base year in accordance with  such  provisions  plus  the
    10  statewide  average  tax  rate  computed by the commissioner for the year
    11  prior to the base year in accordance with such  provisions,  divided  by
    12  three,  provided  however  that for the two thousand seven--two thousand
    13  eight school year, such local tax factor shall  be  sixteen  thousandths

    14  (0.016), and provided further that for the two thousand eight--two thou-
    15  sand  nine  school  year,  such  local  tax  factor shall be one hundred
    16  fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
    17  calculated pursuant to paragraph d of subdivision three of this section,
    18  provided, however, that for the purposes of computing the expected mini-
    19  mum  local  contribution  the income wealth index shall not be less than
    20  sixty-five percent (0.65) and shall not be more than two hundred percent
    21  (2.0) and provided however that such income wealth index  shall  not  be
    22  more  than  ninety-five  percent  (0.95) for the two thousand eight--two
    23  thousand nine school year, and provided further that such income  wealth
    24  index  shall  not  be  less than zero for the two thousand thirteen--two
    25  thousand fourteen school year. The selected actual  valuation  shall  be

    26  calculated  pursuant  to paragraph c of subdivision one of this section.
    27  Total wealth foundation pupil units  shall  be  calculated  pursuant  to
    28  paragraph h of subdivision two of this section.
    29    b.  Phase-in foundation increase. (1) The phase-in foundation increase
    30  shall equal the product  of  the  phase-in  foundation  increase  factor
    31  multiplied by the positive difference, if any, of (i) the product of the
    32  total  aidable  foundation  pupil  units  multiplied  by  the district's
    33  selected foundation aid less (ii) the total foundation aid base [for aid
    34  payable in the two thousand eleven--two  thousand  twelve  school  year]
    35  computed pursuant to paragraph j of subdivision one of this section.
    36    (2)  The  phase-in foundation percent shall equal one hundred thirteen
    37  and fourteen one  hundredths  percent  (1.1314)  for  the  two  thousand

    38  eleven--two  thousand  twelve  school  year, one hundred ten and thirty-
    39  eight hundredths percent (1.1038) for the two thousand twelve--two thou-
    40  sand thirteen school year, one hundred seven and sixty-eight  hundredths
    41  percent  (1.0768)  for  the two thousand thirteen--two thousand fourteen
    42  school year, one hundred five and six hundredths  percent  (1.0506)  for
    43  the  two  thousand  fourteen--two  thousand fifteen school year, and one
    44  hundred two and five  tenths  percent  (1.0250)  for  the  two  thousand
    45  fifteen--two thousand sixteen school year.
    46    For  the  two  thousand  eleven--two  thousand twelve school year, the
    47  phase-in foundation increase factor shall equal  thirty-seven  and  one-
    48  half  percent  (0.375)  and the phase-in due minimum percent shall equal
    49  nineteen and forty-one hundredths percent (0.1941), for the two thousand

    50  twelve--two  thousand  thirteen  school  year  the  phase-in  foundation
    51  increase  factor  shall  equal one and seven-tenths percent (0.017), for
    52  the two thousand thirteen--two thousand fourteen school year the  phase-
    53  in foundation increase factor shall equal (1) for a city school district
    54  in  a  city having a population of one million or more, five and twenty-
    55  three hundredths percent (0.0523) or (2) for all other school  districts
    56  zero  percent, [and] for the two thousand fourteen--two thousand fifteen

        S. 6356--D                         12                         A. 8556--D
 
     1  school year the phase-in foundation increase factor shall equal (1)  for
     2  a  city  school district of a city having a population of one million or
     3  more, four and thirty-two hundredths  percent  (0.0432)  or  (2)  for  a

     4  school district other than a city school district having a population of
     5  one  million  or more for which (A) the quotient of the positive differ-
     6  ence of the  foundation  formula  aid  minus  the  foundation  aid  base
     7  computed  pursuant  to  paragraph  j  of subdivision one of this section
     8  divided by the foundation formula aid is greater than twenty-two percent
     9  (0.22) and (B) a combined wealth ratio less than thirty-five  hundredths
    10  (0.35), seven percent (0.07) or (3) for all other school districts, four
    11  and  thirty-one  hundredths  percent  (0.0431), and for the two thousand
    12  fifteen--two thousand sixteen school year and thereafter the commission-
    13  er shall annually determine  the  phase-in  foundation  increase  factor

    14  subject to allocation pursuant to the provisions of subdivision eighteen
    15  of  this section and any provisions of a chapter of the laws of New York
    16  as described therein.
    17    b-1. Notwithstanding any other provision of law to the  contrary,  for
    18  the  two  thousand seven--two thousand eight school year and thereafter,
    19  the additional amount payable to each school district pursuant  to  this
    20  subdivision in the current year as total foundation aid, after deducting
    21  the  total  foundation  aid  base,  shall be deemed a state grant in aid
    22  identified by the commissioner for general use for purposes  of  section
    23  seventeen hundred eighteen of this chapter.
    24    c.  Public  excess  cost  aid setaside. Each school district shall set
    25  aside from its total foundation aid computed for the current year pursu-
    26  ant to this subdivision an amount equal  to  the  product  of:  (i)  the

    27  difference  between  the  amount  the  school  district  was eligible to
    28  receive in the two thousand six--two thousand seven school year pursuant
    29  to or in lieu of paragraph six of subdivision nineteen of  this  section
    30  as  such  paragraph existed on June thirtieth, two thousand seven, minus
    31  the amount such district was eligible to receive pursuant to or in  lieu
    32  of  paragraph five of subdivision nineteen of this section as such para-
    33  graph existed on June thirtieth, two  thousand  seven,  in  such  school
    34  year, and (ii) the sum of one and the percentage increase in the consum-
    35  er  price  index for the current year over such consumer price index for
    36  the two thousand six--two thousand seven school year, as computed pursu-
    37  ant to section two thousand twenty-two of this chapter.  Notwithstanding
    38  any  other  provision of law to the contrary, the public excess cost aid

    39  setaside shall be paid pursuant to section thirty-six hundred nine-b  of
    40  this part.
    41    d.  For  the two thousand fourteen--two thousand fifteen school year a
    42  city school district of a city having a population  of  one  million  or
    43  more may use amounts apportioned pursuant to this subdivision for after-
    44  school programs.
    45    §  4. The opening paragraph of section 3609-a of the education law, as
    46  amended by section 14 of part A of chapter 57 of the laws  of  2013,  is
    47  amended to read as follows:
    48    For  aid  payable in the two thousand seven--two thousand eight school
    49  year [and thereafter] through the two  thousand  thirteen--two  thousand
    50  fourteen  school year, "moneys apportioned" shall mean the lesser of (i)
    51  the sum of one hundred percent of the respective amount  set  forth  for

    52  each  school  district as payable pursuant to this section in the school
    53  aid computer listing for the current year produced by  the  commissioner
    54  in support of the budget which includes the appropriation for the gener-
    55  al  support  for public schools for the prescribed payments and individ-
    56  ualized payments due prior to April first for the current year plus  the

        S. 6356--D                         13                         A. 8556--D
 
     1  apportionment  payable during the current school year pursuant to subdi-
     2  vision six-a and subdivision fifteen of section thirty-six  hundred  two
     3  of  this  part  minus  any  reductions  to current year aids pursuant to
     4  subdivision seven of section thirty-six hundred four of this part or any
     5  deduction  from  apportionment  payable  pursuant  to  this  chapter for

     6  collection of a school district basic contribution as defined in  subdi-
     7  vision eight of section forty-four hundred one of this chapter, less any
     8  grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
     9  vision four of section ninety-two-c of the state finance law,  less  any
    10  grants  provided  pursuant  to  subdivision twelve of section thirty-six
    11  hundred forty-one of this article, or (ii) the apportionment  calculated
    12  by  the  commissioner  based  on data on file at the time the payment is
    13  processed; provided however, that for the purposes of any payments  made
    14  pursuant  to this section prior to the first business day of June of the
    15  current year, moneys apportioned shall  not  include  any  aids  payable
    16  pursuant  to  subdivisions  six  and fourteen, if applicable, of section
    17  thirty-six hundred two of this part as current year aid for debt service

    18  on bond anticipation notes and/or bonds first issued in the current year
    19  or any aids payable for  full-day  kindergarten  for  the  current  year
    20  pursuant  to  subdivision nine of section thirty-six hundred two of this
    21  part. The definitions of "base year" and "current year" as set forth  in
    22  subdivision  one  of  section  thirty-six hundred two of this part shall
    23  apply to this section. For aid payable in the [two  thousand  thirteen--
    24  two  thousand  fourteen]  two  thousand  fourteen--two  thousand fifteen
    25  school year, reference to such "school  aid  computer  listing  for  the
    26  current year" shall mean the printouts entitled ["SA131-4"] "SA141-5".
    27    § 4-a. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of
    28  section  3602 of the education law, as amended by section 13-a of part A

    29  of chapter 57 of the laws of 2013, is amended to read as follows:
    30    (c) At the end of each ten year segment  of  an  assumed  amortization
    31  established  pursuant to subparagraphs two, three and four of this para-
    32  graph, or in the [two thousand fourteen --  two  thousand  fifteen]  two
    33  thousand  fifteen  --  two  thousand  sixteen school year in the case of
    34  assumed amortizations whose ten year segment ends prior to  such  school
    35  year,  the  commissioner shall revise the remaining scheduled semiannual
    36  payments of the outstanding principal and interest of such assumed amor-
    37  tization, other than the outstanding principal and interest of refunding
    38  bonds where the district can demonstrate to the commissioner that it  is
    39  precluded  by  state or federal law, rule or regulation from refinancing

    40  such outstanding principal and interest, based  on  the  interest  rates
    41  applicable  for  the current year if the difference of the interest rate
    42  upon which the existing assumed amortization is based minus such  inter-
    43  est rate applicable for the current year is equal to or greater than one
    44  quarter  of  one-one hundredth. Provided however, in the case of assumed
    45  amortization whose ten year segment ended prior  to  the  [two  thousand
    46  fourteen  --  two thousand fifteen] two thousand fifteen -- two thousand
    47  sixteen school year the  next  ten  year  segment  shall  be  deemed  to
    48  commence  with  the  [two thousand fourteen -- two thousand fifteen] two
    49  thousand fifteen -- two thousand sixteen  school  year.  The  department
    50  shall  notify  school districts of projects subject to the provisions of

    51  this clause by no later than December first next  preceding  the  school
    52  year in which the assumed amortization is scheduled to be revised pursu-
    53  ant to this clause.
    54    §  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
    55  law, as amended by section 15 of part A of chapter 57  of  the  laws  of
    56  2013, is amended to read as follows:

        S. 6356--D                         14                         A. 8556--D
 
     1    b. Such grants shall be awarded to school districts, within the limits
     2  of funds appropriated therefor, through a competitive process that takes
     3  into  consideration  the  magnitude  of  any shortage of teachers in the
     4  school district, the number of teachers employed in the school  district
     5  who hold temporary licenses to teach in the public schools of the state,

     6  the  number of provisionally certified teachers, the fiscal capacity and
     7  geographic sparsity of the district, the  number  of  new  teachers  the
     8  school district intends to hire in the coming school year and the number
     9  of summer in the city student internships proposed by an eligible school
    10  district,  if applicable. Grants provided pursuant to this section shall
    11  be used only for the purposes enumerated in this section.  Notwithstand-
    12  ing any other provision of law to the contrary, a city  school  district
    13  in a city having a population of one million or more inhabitants receiv-
    14  ing a grant pursuant to this section may use no more than eighty percent
    15  of  such  grant  funds  for any recruitment, retention and certification
    16  costs associated with transitional certification of  teacher  candidates
    17  for  the  school  years  two thousand one--two thousand two through [two

    18  thousand thirteen--two thousand  fourteen]  two  thousand  fourteen--two
    19  thousand fifteen.
    20    § 6. The education law is amended by adding a new section 3613 to read
    21  as follows:
    22    §  3613.  School district reorganizations and real property tax rates.
    23  1. When two or more school districts propose to reorganize  pursuant  to
    24  sections  fifteen  hundred  eleven  through  fifteen  hundred  thirteen,
    25  fifteen  hundred  twenty-four,  fifteen  hundred  twenty-six,  seventeen
    26  hundred  five, or eighteen hundred one through eighteen hundred three of
    27  this chapter, and under the law that would otherwise be applicable,  the
    28  reorganization would have an impact upon the school tax rates within the

    29  areas  served by the school districts that existed prior to the reorgan-
    30  ization, notwithstanding any other provision of law to the contrary, the
    31  boards of education or trustees of all the school districts  participat-
    32  ing  in the proposed reorganization may opt to have that impact deferred
    33  for a one-year period and/or phased-in over a period as  may  be  deter-
    34  mined by the boards of education or trustees of all participating school
    35  districts  in  the manner prescribed by this section but which shall not
    36  exceed a ten-year period.  To exercise such option, the boards of educa-
    37  tion or trustees of all participating school districts, after conducting
    38  a public hearing, may adopt a resolution at least forty-five days  prior

    39  to the special district meeting at which the reorganization vote will be
    40  held,  to  defer  and/or  phase-in the impact as provided herein. If the
    41  board of education or trustees of any participating school district does
    42  not approve such a resolution opting for a common phase-in  period,  the
    43  provisions of this section shall not apply.
    44    2.  During the one-year deferral period, the tax rate for each portion
    45  of the school district shall be calculated in the following manner:
    46    (a) Determine the assessed value tax rate that applied for the  school
    47  year  immediately  preceding the school year in which the reorganization
    48  took effect.
    49    (b) Multiply that assessed value tax rate by  the  state  equalization

    50  rate applicable to the portion for the school year immediately preceding
    51  the school year in which the reorganization took effect.
    52    (c)  Divide  the  product so determined by the state equalization rate
    53  applicable to the portion for the first school year of  the  reorganized
    54  school  district.  The  quotient  is the assessed value tax rate for the
    55  portion for that school year. Provided, that if  the  sum  of  the  real
    56  property tax levies in all of the portions in the school district, using

        S. 6356--D                         15                         A. 8556--D
 
     1  the  assessed  value  tax  rates  computed pursuant to this subdivision,
     2  would yield a real property tax levy that is above or  below  the  total

     3  real  property  tax levy specified in the school district budget for the
     4  current school year, the assessed value tax rates shall all be decreased
     5  or  increased proportionately so as to yield the specified real property
     6  tax levy amount.
     7    3. During each year of a phase-in period, whose  duration  up  to  ten
     8  years  shall have been determined by the boards of education or trustees
     9  of the constituent school districts, the tax rate for  each  portion  of
    10  the  reorganized  school  district  shall be calculated in the following
    11  manner:
    12    (a) Determine the assessed value tax rate that applied for the  school
    13  year  immediately  preceding the school year in which the reorganization
    14  took effect.

    15    (b) Multiply that assessed value tax rate by  the  state  equalization
    16  rate applicable to the portion for the school year immediately preceding
    17  the  school  year in which the reorganization took effect. The result is
    18  the base full value tax rate of the portion.
    19    (c) Determine the assessed value tax rate that would have  applied  in
    20  the portion but for the provisions of this section.
    21    (d)  Multiply  that  assessed value tax rate by the state equalization
    22  rate that would have applied for the current school  year  but  for  the
    23  provisions of this section. The result is the target full value tax rate
    24  for the portion.
    25    (e)  Determine  the  difference between the target full value tax rate

    26  and the base full value tax rate for the portion.
    27    (f) Divide the difference so determined by the total number  of  years
    28  in the phase-in period applicable to the school district.
    29    (g)  Multiply  the  quotient so determined by the number of years from
    30  the beginning of the phase-in period up to and including  the  year  for
    31  which the tax rate is being determined.
    32    (h) Add the product so determined to the base full value tax rate.
    33    (i)  Divide the sum so determined by the applicable equalization rate.
    34  The quotient is the assessed value tax rate  for  the  portion  for  the
    35  current  school year. Provided, that if the sum of the real property tax
    36  levies in all of the portions in the school district, using the assessed

    37  value tax rates computed pursuant to this  subdivision,  would  yield  a
    38  real  property  tax  levy that is above or below the total real property
    39  tax levy specified in the school district budget for the current  school
    40  year,  the  assessed value tax rates shall all be decreased or increased
    41  proportionately so as to yield the  specified  real  property  tax  levy
    42  amount.
    43    4.  As  used herein the term "portion" means that part of an assessing
    44  unit located within a school district.
    45    § 7. Section 3627 of the education law, as added by section 23 of part
    46  A of chapter 57 of the laws of 2013, is amended to read as follows:
    47    §  3627.  Transportation  after  4pm.  1.  Notwithstanding  any  other
    48  provisions  of  this section to the contrary, for the two thousand thir-

    49  teen--two thousand fourteen  and  two  thousand  fourteen--two  thousand
    50  fifteen  school year and thereafter, a city school district located in a
    51  city having a population of one million or more providing transportation
    52  pursuant to this chapter shall be responsible for:
    53    (a) providing transportation for those children attending  public  and
    54  nonpublic  schools  in grades kindergarten through six who remain at the
    55  same school for which they are enrolled for regularly scheduled academic
    56  classes from half-past nine o'clock in the morning or earlier until four

        S. 6356--D                         16                         A. 8556--D
 
     1  o'clock in the afternoon or later, on weekdays, and reside at least  one
     2  mile  from  their school of attendance for grades three through six, and

     3  at least one-half mile  from  their  school  of  attendance  for  grades
     4  kindergarten through two or
     5    (b)  reimbursing the cost incurred by licensed transportation carriers
     6  pursuant to contracts with such school district for providing  transpor-
     7  tation  for  those  children  attending  public and nonpublic schools in
     8  grades kindergarten through six who remain at the same school for  which
     9  they  are  enrolled  for regularly scheduled academic classes from half-
    10  past nine o'clock in the morning or earlier until four  o'clock  in  the
    11  afternoon or later, on weekdays, and reside at least one mile from their
    12  school of attendance for grades three through six, and at least one-half
    13  mile  from  their  school  of attendance for grades kindergarten through
    14  two.
    15    2. Nothing herein shall prohibit the school district from  reimbursing

    16  for  costs  incurred  for  contracts between the school district and any
    17  entity providing or contracting for such transportation service.
    18    3. A district shall not be deemed to  have  satisfied  its  obligation
    19  under this section by providing public service transportation.
    20    4.  Notwithstanding  any  other  provision of law to the contrary, any
    21  expenditures for transportation provided pursuant to this section in the
    22  two thousand thirteen--two thousand fourteen and two thousand  fourteen-
    23  -two  thousand fifteen school year and thereafter and otherwise eligible
    24  for transportation aid pursuant to subdivision seven of section  thirty-
    25  six hundred two of this article shall be considered approved transporta-
    26  tion  expenses  eligible  for  transportation aid, provided further that

    27  such aid shall be limited to [five million six  hundred]  eight  million
    28  one  hundred  thousand  dollars. And provided further that such expendi-
    29  tures eligible for aid under this section shall supplement not  supplant
    30  local  expenditures for such transportation in the two thousand twelve--
    31  two thousand thirteen school year.
    32    5. Notwithstanding any other provision of this section to the  contra-
    33  ry, in no event shall such city school district, in order to comply with
    34  the  requirements  of  this  section,  be required to incur any costs in
    35  excess of the amount eligible for transportation aid pursuant to  subdi-
    36  vision  four  of this section. In the event such amount is insufficient,
    37  the city school  district  of  New  York  shall  provide  transportation
    38  services within such amount on an equitable basis, until such apportion-

    39  ment is exhausted.
    40    6.  The  chancellor  of such school district, in consultation with the
    41  commissioner, shall prescribe the most cost effective system for  imple-
    42  menting the requirements of this section, taking into consideration: (a)
    43  the  costs  associated with paragraphs (a) and (b) of subdivision one of
    44  this section, and (b) policies that attempt to maximize  student  safety
    45  for  the  student  to be transported, which for purposes of this section
    46  shall include whether the pick up or drop off site of the transportation
    47  is:
    48    (i) not further than 600 feet from the student's residence; and/or
    49    (ii) at the same locations for any family that have  children  at  the
    50  same residence who attend two or more different schools.
    51    7.  (a)  In  the  event  the chancellor has not satisfied a district's
    52  obligation under this section, a parent or  guardian  or  any  represen-

    53  tative  authorized  by  such  parent  or guardian of a child eligible to
    54  receive transportation under this section may request  the  commissioner
    55  to  arrange  for  the  provision of the transportation to so satisfy the
    56  requirements of this section.

        S. 6356--D                         17                         A. 8556--D
 
     1    (b) If within sixty days of receiving a request from such a parent  or
     2  guardian  or  any  representative authorized by such parent or guardian,
     3  the commissioner determines that the  chancellor  has  not  satisfied  a
     4  district's  obligation  under  this section, then the commissioner shall
     5  immediately  direct the chancellor to contract with a licensed transpor-
     6  tation carrier to provide the transportation required pursuant  to  this
     7  section.
     8    (c)  In  the  event  the chancellor is directed by the commissioner to

     9  contract with a licensed transportation carrier to provide the transpor-
    10  tation required pursuant to this section, the chancellor  shall  provide
    11  the  commissioner  with  a  copy  of  such  proposed contract, before it
    12  becomes effective, and the commissioner shall have the power to approve,
    13  disapprove or require amendments to such contract before it shall become
    14  effective.
    15    (d) A district, determined by the commissioner to not be in compliance
    16  with the requirements of this section, shall be responsible for the cost
    17  of any transportation contract awarded by the chancellor.
    18    8. The parent or guardian, or any representative  authorized  by  such
    19  parent  or  guardian,  may  submit  a written request for transportation
    20  under this section, in the same manner and upon the same  dates  as  are
    21  required for a request for transportation pursuant to subdivision two of

    22  section thirty-six hundred thirty-five of this article.
    23    §  8.  Section  3641  of  the education law is amended by adding a new
    24  subdivision 6-c to read as follows:
    25    6-c. Teacher excellence fund.  a. Within the amount  appropriated  for
    26  such  purpose,  subject  to  a  request  for  proposals developed by the
    27  commissioner and approved by the director of the budget, the commission-
    28  er shall award teacher excellence fund grants pursuant to this  subdivi-
    29  sion  to  eligible school districts, beginning in the two thousand four-
    30  teen--two thousand fifteen school year, to  provide  teacher  excellence
    31  fund performance awards to highly effective teachers.
    32    (1)  Teacher  excellence fund performance awards shall be allocated in

    33  an annual amount of up to twenty thousand dollars to  eligible  teachers
    34  rated as "highly effective" based on the most recent annual professional
    35  performance review, in accordance with the requirements of section three
    36  thousand twelve-c of this chapter and regulations of the commissioner.
    37    (2) On an annual basis, eligible school districts may submit an appli-
    38  cation  to  the  commissioner,  in  a  form and manner prescribed by the
    39  commissioner, to request funding pursuant to this subdivision.
    40    (3) The commissioner shall  make  available  such  application  on  or
    41  before  May  fifteenth of the preceding school year and the commissioner
    42  shall issue preliminary teacher  excellence  fund  grant  awards  on  or

    43  before October fifteenth of the school year in which the eligible teach-
    44  er shall receive a teacher excellence fund performance award.
    45    (4)  Applications submitted by eligible school districts shall include
    46  information required by the commissioner including, but not limited  to,
    47  the  extent to which the school district's plan is intended to recognize
    48  and reward highly-effective teachers: (i) in school buildings  with  the
    49  greatest  academic  need;  (ii) in difficult-to-staff subject or certif-
    50  ication areas and/or grade levels; and (iii) at  critical  points  in  a
    51  teacher's  career  in  order  to  encourage highly effective teachers to
    52  remain in the classroom.
    53    (5) The commissioner shall prioritize applications submitted by eligi-

    54  ble school districts based on factors including, but not limited to, the
    55  factors described in subparagraph four of this paragraph and the quality
    56  of the proposal.

        S. 6356--D                         18                         A. 8556--D
 
     1    (6) Notwithstanding any other provision of law to  the  contrary,  the
     2  teacher  excellence fund performance awards provided by this subdivision
     3  shall be in addition to, and shall not be considered part of,  a  teach-
     4  er's  basic annual salary, and shall not be included as compensation for
     5  retirement  purposes.   Teacher excellence fund performance awards shall
     6  supplement and shall not supplant compensation from sources exclusive of

     7  this subdivision agreed to as part of a collective bargaining agreement.
     8    b. For the purpose of this subdivision:
     9    (1) The term "eligible school district" shall  mean  a  common,  union
    10  free, central, central high school, city, or special act school district
    11  that has entered into an agreement with the collective bargaining repre-
    12  sentatives  of  certified teachers consistent with the provisions of the
    13  application submitted by the school district pursuant to paragraph a  of
    14  this subdivision.
    15    (2)  The term "eligible teacher" shall mean a teacher who (i) holds an
    16  initial, provisional,  transitional,  permanent  or  professional  state
    17  teaching  certificate  appropriate  to the teaching positions, including

    18  the subject area if applicable, in which he or she is employed; (ii)  is
    19  a  classroom  teacher  subject  to  the  annual professional performance
    20  review requirements of section three thousand twelve-c of this  chapter;
    21  and  (iii)  is  rated "highly effective" based on his or her most recent
    22  annual professional performance review, in accordance with the  require-
    23  ments of section three thousand twelve-c of this chapter and regulations
    24  of the commissioner.
    25    § 9. Subdivision 6 of section 4402 of the education law, as amended by
    26  section  21  of  part A of chapter 57 of the laws of 2013, is amended to
    27  read as follows:
    28    6. Notwithstanding any other law, rule or regulation to the  contrary,
    29  the  board  of  education of a city school district with a population of

    30  one hundred twenty-five thousand or more inhabitants shall be  permitted
    31  to  establish  maximum  class  sizes  for  special  classes  for certain
    32  students with disabilities in accordance with  the  provisions  of  this
    33  subdivision. For the purpose of obtaining relief from any adverse fiscal
    34  impact  from under-utilization of special education resources due to low
    35  student attendance in  special  education  classes  at  the  middle  and
    36  secondary level as determined by the commissioner, such boards of educa-
    37  tion  shall, during the school years nineteen hundred ninety-five--nine-
    38  ty-six through June thirtieth, two thousand [fourteen]  fifteen  of  the
    39  two thousand [thirteen] fourteen--two thousand [fourteen] fifteen school
    40  year,  be authorized to increase class sizes in special classes contain-

    41  ing students with disabilities whose age ranges are equivalent to  those
    42  of  students  in  middle and secondary schools as defined by the commis-
    43  sioner for purposes of this section by up to but not to exceed  one  and
    44  two  tenths  times  the applicable maximum class size specified in regu-
    45  lations of the commissioner rounded up  to  the  nearest  whole  number,
    46  provided  that  in  a  city  school  district having a population of one
    47  million or more, classes that have a maximum class size of  fifteen  may
    48  be increased by no more than one student and provided that the projected
    49  average  class size shall not exceed the maximum specified in the appli-
    50  cable regulation, provided that such authorization  shall  terminate  on
    51  June  thirtieth,  two thousand. Such authorization shall be granted upon
    52  filing of a notice by such a board of education  with  the  commissioner

    53  stating the board's intention to increase such class sizes and a certif-
    54  ication  that  the  board will conduct a study of attendance problems at
    55  the secondary level and will  implement  a  corrective  action  plan  to
    56  increase  the rate of attendance of students in such classes to at least

        S. 6356--D                         19                         A. 8556--D
 
     1  the rate for students attending regular education classes  in  secondary
     2  schools  of the district. Such corrective action plan shall be submitted
     3  for approval by the commissioner by a date during  the  school  year  in
     4  which  such  board  increases  class  sizes as provided pursuant to this
     5  subdivision to be prescribed by the commissioner. Upon at  least  thirty
     6  days  notice  to  the board of education, after conclusion of the school

     7  year in which such board increases class sizes as provided  pursuant  to
     8  this subdivision, the commissioner shall be authorized to terminate such
     9  authorization  upon  a  finding  that the board has failed to develop or
    10  implement an approved corrective action plan.
    11    § 9-a. Notwithstanding any provision of the law to the contrary, for a
    12  school district with a penalty arising from the late filing of  a  final
    13  cost  report  pursuant to section 31 of part A of chapter 57 of the laws
    14  of 2012 where such penalty exceeds $6,000,000 and also exceeds 5 percent
    15  of such district's total  general  fund  expenditures  for  the  2011-12
    16  school year, the commissioner of education shall recover such penalty in
    17  five equal annual installments beginning the later of June, 2016 or June
    18  of  the  school  year in which such district is notified of the penalty.

    19  Provided further that such district may elect to make an initial payment
    20  no later than thirty days in advance of  the  first  annual  installment
    21  which shall reduce the amount of each annual installment.
    22    §  10.  Legislative findings and determinations. The legislature finds
    23  that charter schools are public schools and, like school districts, part
    24  of the public school system that discharges the  state's  constitutional
    25  duty  to  provide  for  the  maintenance and support of a system of free
    26  common schools. The legislature further finds that charter schools oper-
    27  ate primarily with public moneys derived from  the  federal  government,
    28  the  state and local school districts. Therefore, the legislature deter-
    29  mines that the manner in which charter schools conduct  their  financial
    30  operations implicates the fiscal concerns of the state.

    31    Moreover,  the  legislature  finds that as the chief fiscal officer of
    32  New York city, the city comptroller has a  duty  to  manage  the  fiscal
    33  affairs  of  such city and that a fundamental constitutional duty of the
    34  state comptroller is to superintend the fiscal concerns  of  the  state.
    35  The  legislature further finds that audits of charter schools' financial
    36  operations are not only necessary to protect New  York  city's  and  the
    37  rest  of  the state's fiscal concerns, but are uniquely within the comp-
    38  trollers' expertise as the city's  and  state's  chief  fiscal  officer.
    39  Therefore,  the  legislature  determines that the state has a compelling
    40  interest in having the city and state comptrollers audit  the  financial
    41  operations of charter schools throughout the state.
    42    §  10-a.  Paragraph (c) of subdivision 1 of section 2853 of the educa-

    43  tion law, as added by chapter 4 of the laws of 1998, is amended to  read
    44  as follows:
    45    (c)  A  charter  school  shall be deemed an independent and autonomous
    46  public school, except as otherwise provided in this article, and a poli-
    47  tical subdivision having boundaries coterminous with the school district
    48  or community school district in which the charter school is located. The
    49  charter entity and the board of regents shall be deemed to be the public
    50  agents authorized to supervise and oversee the charter school.
    51    § 10-b. Paragraphs (b) and (c) of subdivision 1 of section 2854 of the
    52  education law, paragraph (b) as added by chapter 4 of the laws of  1998,
    53  paragraph (c) as amended by chapter 101 of the laws of 2010, are amended
    54  to read as follows:
    55    (b)  A  charter  school  shall  meet the same health and safety, civil

    56  rights, and student assessment requirements applicable to  other  public

        S. 6356--D                         20                         A. 8556--D
 
     1  schools,  except  as  otherwise specifically provided in this article. A
     2  charter school shall be exempt from all  other  state  and  local  laws,
     3  rules,  regulations  or  policies  governing  public or private schools,
     4  boards  of education [and], school districts and political subdivisions,
     5  including those relating to school personnel  and  students,  except  as
     6  specifically  provided in the school's charter or in this article. Noth-
     7  ing in this subdivision shall  affect  the  requirements  of  compulsory
     8  education  of  minors  established  by part one of article sixty-five of
     9  this chapter.
    10    (c) A charter school shall be subject to  the  financial  audits,  the

    11  audit  procedures,  and the audit requirements set forth in the charter,
    12  and shall be subject to audits of the comptroller  of  the  city  school
    13  district of the city of New York for charter schools located in New York
    14  city,  and to the audits of the comptroller of the state of New York for
    15  charter schools located in  the  rest  of  the  state,  at  his  or  her
    16  discretion,  with  respect  to  the school's financial operations.  Such
    17  procedures and standards shall be  consistent  with  generally  accepted
    18  accounting  and  audit  standards.    Independent fiscal audits shall be
    19  required at least once annually.
    20    § 11. Subparagraph (i) of paragraph a of  subdivision  10  of  section
    21  4410 of the education law, as amended by chapter 82 of the laws of 1995,
    22  is amended to read as follows:

    23    (i) (A) Commencing with the nineteen hundred ninety--ninety-one school
    24  year,  the  commissioner  shall  annually determine the tuition rate for
    25  approved services or programs provided to preschool children pursuant to
    26  this section. Such rates for providers of  such  services  and  programs
    27  shall be determined in conformance with a methodology established pursu-
    28  ant to subdivision four of section forty-four hundred five of this arti-
    29  cle after consultation with and a review of an annual report prepared by
    30  the  advisory  committee established pursuant to paragraph a of subdivi-
    31  sion twelve of this section and shall be subject to the approval of  the
    32  director of the budget. Notwithstanding any other provision of law, rule
    33  or  regulation  to the contrary, tuition rates established for the nine-
    34  teen hundred ninety-five--ninety-six school year shall exclude  the  two

    35  percent  cost  of  living adjustment authorized in rates established for
    36  the nineteen hundred ninety-four--ninety-five school year.
    37    (B) Commencing with the two  thousand  fifteen--two  thousand  sixteen
    38  school year, such special education itinerant services shall be provided
    39  by approved programs, and such approved programs shall be reimbursed for
    40  such  services  based  on  the  actual  attendance of preschool children
    41  receiving such services.
    42    § 11-a. Paragraph (t) of subdivision 2 of section 2851 of  the  educa-
    43  tion  law, as added by chapter 4 of the laws of 1998, is amended to read
    44  as follows:
    45    (t) Procedures to be followed in the case of the  closure  or  dissol-
    46  ution  of  the  charter school, including provisions for the transfer of

    47  students and student records to the school district in which the charter
    48  school is located and for the disposition of the school's assets to  the
    49  school  district in which the charter school is located or another char-
    50  ter school located within the school district. Notwithstanding any other
    51  provision of law or of a charter to the contrary, such procedures  shall
    52  ensure that upon dissolution of a charter school, any funds remaining in
    53  the  possession  of  the charter school that can be attributed to public
    54  funding, after all of its debts and obligations have been paid, shall be
    55  paid over to each school district having resident children served by the
    56  charter school in the school year in which the charter was dissolved  or


        S. 6356--D                         21                         A. 8556--D
 
     1  the  last year in which students were enrolled in the charter school, in
     2  the same proportion as the number of  students  placed  by  each  school
     3  district  and  served  by  the charter school in the last school year in
     4  which  children  were  served  by the charter school, bears to the total
     5  number of students served by the charter school  in  such  school  year.
     6  Provided,  however,  that nothing in this subdivision shall be construed
     7  to require a charter school to pay to such districts any remaining funds
     8  that can be attributed to gifts, donations, grants or  other  authorized
     9  charitable contributions.
    10    §  12.  Subdivision b of section 2 of chapter 756 of the laws of 1992,

    11  relating to funding a program for work force education conducted by  the
    12  consortium  for worker education in New York city, as amended by section
    13  27 of part A of chapter 57 of the laws of 2013, is amended  to  read  as
    14  follows:
    15    b.  Reimbursement for programs approved in accordance with subdivision
    16  a of this section [for the 2010--2011 school year shall not exceed  62.6
    17  percent  of  the  lesser  of  such  approvable costs per contact hour or
    18  twelve dollars and five cents per contact hour, reimbursement]  for  the
    19  2011--2012  school  year  shall not exceed 62.9 percent of the lesser of
    20  such approvable costs per contact hour or  twelve  dollars  and  fifteen
    21  cents  per  contact  hour,  reimbursement for the 2012--2013 school year
    22  shall not exceed 63.3 percent of the lesser of such approvable costs per

    23  contact hour or twelve dollars and thirty-five cents per  contact  hour,
    24  [and] reimbursement for the 2013--2014 school year shall not exceed 62.3
    25  percent  of  the  lesser  of  such  approvable costs per contact hour or
    26  twelve dollars and sixty-five cents per contact hour, and  reimbursement
    27  for  the  2014--2015  school  year  shall not exceed 61.6 percent of the
    28  lesser of such approvable costs per contact hour or  eight  dollars  per
    29  contact  hour  where a contact hour represents sixty minutes of instruc-
    30  tion services provided to an eligible adult.  Notwithstanding any  other
    31  provision  of  law to the contrary, [for the 2010--2011 school year such
    32  contact hours shall not exceed  one  million  five  hundred  twenty-five

    33  thousand  one  hundred  ninety-eight (1,525,198) hours; whereas] for the
    34  2011--2012 school year such contact hours shall not exceed  one  million
    35  seven hundred one thousand five hundred seventy (1,701,570) hours; wher-
    36  eas  for  the 2012--2013 school year such contact hours shall not exceed
    37  one million six hundred  sixty-four  thousand  five  hundred  thirty-two
    38  (1,664,532)  hours;  whereas for the 2013--2014 school year such contact
    39  hours shall not exceed one million six hundred forty-nine thousand seven
    40  hundred forty-six (1,649,746) hours; whereas for the  2014--2015  school
    41  year  such  contact hours shall not exceed one million six hundred twen-
    42  ty-five thousand (1,625,000) hours.  Notwithstanding any other provision
    43  of law to the contrary, the apportionment calculated for the city school

    44  district of the city of New York pursuant to subdivision 11  of  section
    45  3602  of  the  education  law shall be computed as if such contact hours
    46  provided by the consortium for  worker  education,  not  to  exceed  the
    47  contact hours set forth herein, were eligible for aid in accordance with
    48  the  provisions  of such subdivision 11 of section 3602 of the education
    49  law.
    50    § 13. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
    51  ing  a  program for work force education conducted by the consortium for
    52  worker education in New York city, is amended by adding a  new  subdivi-
    53  sion s to read as follows:
    54    s.  The  provisions  of  this  subdivision  shall  not apply after the
    55  completion of payments for the 2014--2015 school  year.  Notwithstanding
    56  any  inconsistent provisions of law, the commissioner of education shall

        S. 6356--D                         22                         A. 8556--D
 
     1  withhold a portion of employment preparation education aid  due  to  the
     2  city school district of the city of New York to support a portion of the
     3  costs of the work force education program. Such moneys shall be credited
     4  to  the elementary and secondary education fund-local assistance account
     5  and shall not exceed thirteen million dollars ($13,000,000).
     6    § 14. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
     7  ing  a  program for work force education conducted by the consortium for
     8  worker education in New York city, as amended by section 29 of part A of
     9  chapter 57 of the laws of 2013, is amended to read as follows:
    10    § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed

    11  repealed on June 30, [2014] 2015.
    12    §  14-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
    13  tion law, as amended by section 25 of part A of chapter 57 of  the  laws
    14  of 2013, is amended to read as follows:
    15    a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
    16  sion, for aid payable in the school years two thousand--two thousand one
    17  through two thousand nine--two thousand ten, and two  thousand  eleven--
    18  two  thousand twelve through two thousand [thirteen] fourteen--two thou-
    19  sand [fourteen] fifteen, the commissioner may set aside an amount not to
    20  exceed two million five hundred thousand dollars from the  funds  appro-
    21  priated  for  purposes  of  this  subdivision for the purpose of serving
    22  persons twenty-one years of age or older who have not been  enrolled  in

    23  any  school  for  the  preceding school year, including persons who have
    24  received a high school diploma or high school  equivalency  diploma  but
    25  fail  to  demonstrate basic educational competencies as defined in regu-
    26  lation by the  commissioner,  when  measured  by  accepted  standardized
    27  tests, and who shall be eligible to attend employment preparation educa-
    28  tion programs operated pursuant to this subdivision.
    29    § 14-b. Subdivision 10 of section 6-p of the general municipal law, as
    30  amended  by section 32-a of part A of chapter 57 of the laws of 2013, is
    31  amended to read as follows:
    32    10. Notwithstanding any provision of law to the contrary, the  govern-
    33  ing  board of a school district may, during the [two thousand thirteen--
    34  two thousand  fourteen]  two  thousand  fourteen--two  thousand  fifteen

    35  school  year,  authorize a withdrawal from this fund in an amount not to
    36  exceed the lesser of: (a) the dollar value of excess funding in the fund
    37  as determined by the comptroller pursuant  to  section  thirty-three  of
    38  this  chapter  or  (b) the amount of the school district's remaining gap
    39  elimination adjustment as calculated by the  commissioner  of  education
    40  pursuant  to  subdivision seventeen of section thirty-six hundred two of
    41  the education law. Funds withdrawn pursuant to this subdivision may only
    42  be used for the purpose of maintaining  educational  programming  during
    43  the  [two  thousand  thirteen--two thousand fourteen] two thousand four-
    44  teen--two thousand fifteen school year which otherwise would  have  been
    45  reduced as a result of such gap elimination adjustment. Governing boards

    46  which  make  such a withdrawal shall submit, in a form prescribed by the
    47  commissioner of education, relevant information  about  the  withdrawal,
    48  which  shall  include  but  not  be limited to, the amount of such with-
    49  drawal, the date of withdrawal, and the use of such withdrawn funds.
    50    § 15. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
    51  relating to certain provisions related to the 1994-95 state  operations,
    52  aid to localities, capital projects and debt service budgets, as amended
    53  by section 30 of part A of chapter 57 of the laws of 2013, is amended to
    54  read as follows:
    55    1.  Sections  one  through seventy of this act shall be deemed to have
    56  been in full force and effect as of April  1,  1994  provided,  however,

        S. 6356--D                         23                         A. 8556--D
 

     1  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
     2  through seventy of this act shall expire and be deemed repealed on March
     3  31, 2000; provided, however, that section twenty of this act shall apply
     4  only  to  hearings  commenced  prior  to September 1, 1994, and provided
     5  further that section twenty-six of this act shall expire and  be  deemed
     6  repealed  on  March  31,  1997;  and provided further that sections four
     7  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
     8  twenty-one-a of this act shall expire and be deemed  repealed  on  March
     9  31,  1997; and provided further that sections three, fifteen, seventeen,
    10  twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
    11  deemed repealed on March 31, [2015] 2016.
    12    §  15-a.  Section  4  of  chapter 698 of the laws of 1996 amending the

    13  education law  relating  to  transportation  contracts,  as  amended  by
    14  section  19  of  part A of chapter 57 of the laws of 2012, is amended to
    15  read as follows:
    16    § 4. This act shall take effect immediately[, and shall expire and  be
    17  deemed repealed on and after June 30, 2017].
    18    §  16. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
    19  of 1995, amending the education law and certain other laws  relating  to
    20  state  aid  to  school  districts and the appropriation of funds for the
    21  support of government, as amended by section 31 of part A of chapter  57
    22  of the laws of 2013, are amended to read as follows:
    23    (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
    24  fourteen, one hundred fifteen and one hundred sixteen of this act  shall
    25  take effect on July 1, 1995; provided, however, that section one hundred

    26  thirteen of this act shall remain in full force and effect until July 1,
    27  [2014] 2015 at which time it shall be deemed repealed;
    28    (24)  sections one hundred eighteen through one hundred thirty of this
    29  act shall be deemed to have been in full force and effect on  and  after
    30  July 1, 1995; provided further, however, that the amendments made pursu-
    31  ant  to  section one hundred [nineteen] twenty-four of this act shall be
    32  deemed to be repealed on and after July 1, [2014] 2015;
    33    § 16-a. Paragraph a of subdivision 2 of section 4402 of the  education
    34  law,  as  amended by chapter 243 of the laws of 1989, is amended to read
    35  as follows:
    36    a. The board of education or trustees of each school district shall be
    37  required to furnish suitable  educational  opportunities  for  [children

    38  with  handicapping  conditions] students with disabilities by one of the
    39  special services or  programs  listed  in  subdivision  two  of  section
    40  forty-four hundred one of this article. The need of the individual child
    41  shall  determine which of such services shall be rendered. Each district
    42  shall provide to the maximum  extent  appropriate  such  services  in  a
    43  manner  which  enables  [children with handicapping conditions] students
    44  with disabilities to participate  in  regular  education  services  when
    45  appropriate.  Such  services  or programs shall be furnished between the
    46  months of September and June of each year, except that for the  nineteen
    47  hundred  eighty-seven--eighty-eight  school  year  and  thereafter, with

    48  respect to the students whose [handicapping conditions] disabilities are
    49  severe enough to exhibit the need for a structured learning  environment
    50  of twelve months duration to maintain developmental levels, the board of
    51  education or trustees of each school district upon the recommendation of
    52  the  committee  on  special  education  [and, in the first instance, the
    53  consent of the  parent]  shall  also  provide,  either  directly  or  by
    54  contract,  for the provision of special services and programs as defined
    55  in section forty-four hundred one of this article during the  months  of
    56  July and August as contained in the individualized education program for

        S. 6356--D                         24                         A. 8556--D
 

     1  each  eligible  [child]  student, and with prior approval by the commis-
     2  sioner if required; provided that [(i) a  student  with  a  handicapping
     3  condition  who is first eligible to attend public school in the nineteen
     4  hundred  eighty-seven--eighty-eight school year shall not be eligible to
     5  receive services pursuant to this paragraph during the  months  of  July
     6  and  August  nineteen  hundred  eighty-seven  and  (ii) a student with a
     7  handicapping condition who is first eligible to attend public school  in
     8  the  nineteen hundred eighty-eight--eighty-nine school year shall not be
     9  eligible to receive services  pursuant  to  this  paragraph  during  the
    10  months  of  July  and  August  nineteen hundred eighty-eight and (iii) a

    11  student with a handicapping  condition  who  is  eligible  for  services
    12  during the months of July and August nineteen hundred eighty-nine pursu-
    13  ant  to  the provisions of subdivision six of section forty-four hundred
    14  ten of this article shall not be eligible to receive  services  pursuant
    15  to  this paragraph during such months and (iv)] a student with a [handi-
    16  capping condition] disability who is eligible  for  services,  including
    17  services  during  the  months  of  July  and August, pursuant to section
    18  forty-four hundred ten of this article shall not be eligible to  receive
    19  services  pursuant  to  this  paragraph  during  the  months of July and
    20  August.
    21    § 17. Subdivision 8 of section 4401 of the education law,  as  amended

    22  by  section 25-a of part A of chapter 57 of the laws of 2013, is amended
    23  to read as follows:
    24    8. "School district basic contribution" shall mean an amount equal  to
    25  the  total  school district local property and non-property tax levy for
    26  the base year divided by the base year public school district enrollment
    27  of resident pupils of the school district as defined in paragraph  n  of
    28  subdivision  one  of  section  thirty-six  hundred  two of this chapter,
    29  except that for the two thousand thirteen--two thousand fourteen and two
    30  thousand fourteen--two thousand fifteen school year and thereafter,  for
    31  school  districts  other  than  central  high school districts and their
    32  components, such tax levy for the base year shall be divided by the year
    33  prior to the base year pupil count as  determined  by  the  commissioner

    34  pursuant to paragraph f of subdivision two of section thirty-six hundred
    35  two  of this chapter for any school district in which such year prior to
    36  the base year pupil count exceeds one hundred fifty percent of such base
    37  year public school district enrollment of resident pupils.
    38    § 18. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
    39  education  law  relating  to conditional appointment of school district,
    40  charter school or BOCES employees, as amended by section 32 of part A of
    41  chapter 57 of the laws of 2013, is amended to read as follows:
    42    § 12. This act shall take effect on the same date as  chapter  180  of
    43  the laws of 2000 takes effect, and shall expire July 1, [2014] 2015 when
    44  upon such date the provisions of this act shall be deemed repealed.
    45    §  18-a. Paragraph d of subdivision 4 of section 3641 of the education

    46  law is REPEALED.
    47    § 19. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
    48  education  law  relating  to  the provisions of supplemental educational
    49  services, attendance at a safe  public  school  and  the  suspension  of
    50  pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
    51  amended by section 33 of part A of chapter 57 of the laws  of  2013,  is
    52  amended to read as follows:
    53    §  4.  This act shall take effect July 1, 2002 and shall expire and be
    54  deemed repealed June 30, [2014] 2015.
    55    § 19-a.  Notwithstanding any other provision of  law,  rule  or  regu-
    56  lation  to  the  contrary, for the 2014--2015 school year, the governing

        S. 6356--D                         25                         A. 8556--D
 

     1  board of the Valley Stream School District 24 by resolution may  author-
     2  ize  the  withdrawal of an amount, not to exceed one million dollars, of
     3  the surplus monies from the retirement contribution reserve fund of such
     4  school  district.  Such  resolution  shall  state that this amount is in
     5  excess of retirement liabilities. The funds withdrawn pursuant  to  this
     6  subdivision  may only be used for the purpose of maintaining educational
     7  programming during the 2014-2015 school year.
     8    § 20. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
     9  education law relating to implementation of the No Child Left Behind Act
    10  of 2001, as amended by section 34 of part A of chapter 57 of the laws of
    11  2013, is amended to read as follows:
    12    §  5.  This  act shall take effect immediately; provided that sections
    13  one, two and three of this act shall expire and be  deemed  repealed  on

    14  June 30, [2014] 2015.
    15    §  20-a.    Subdivision  11  of  section  3641 of the education law is
    16  amended by adding a new paragraph b-1 to read as follows:
    17    b-1. For the two thousand fourteen--two thousand fifteen school  year,
    18  six million dollars shall be paid pursuant to paragraph b of this subdi-
    19  vision  and  the  remaining  six million dollars shall be paid after the
    20  submission of an expenditure plan by the superintendent of the Roosevelt
    21  union free school district to the speaker of the assembly, the temporary
    22  president of the senate and the members of the legislature  representing
    23  such  school  district.    Such  plan  shall focus on improving academic
    24  performance.
    25    § 20-b. Subdivision a of section 5 of chapter 121 of the laws of 1996,

    26  relating to authorizing the Roosevelt  union  free  school  district  to
    27  finance  deficits by the issuance of serial bonds, as amended by section
    28  23-b of part A of chapter 57 of the laws of 2013, is amended to read  as
    29  follows:
    30    a.  Notwithstanding  any  other provisions of law, upon application to
    31  the commissioner of education submitted not sooner than April first  and
    32  not  later than June thirtieth of the applicable school year, the Roose-
    33  velt union free school district shall be eligible to receive  an  appor-
    34  tionment pursuant to this chapter for salary expenses, including related
    35  benefits, incurred between April first and June thirtieth of such school
    36  year.   Such apportionment shall not exceed: for the 1996-97 school year
    37  through  the  [2013-14]  2014-15  school  year,  four  million   dollars

    38  ($4,000,000);  for  the  [2014-15]  2015-16  school  year, three million
    39  dollars ($3,000,000); for the [2015-16] 2016-17 school year, two million
    40  dollars ($2,000,000); for the [2016-17] 2017-18 school year, one million
    41  dollars ($1,000,000); and for the [2017-18] 2018-19  school  year,  zero
    42  dollars.    Such  annual  application  shall  be made after the board of
    43  education has adopted a resolution to do so with  the  approval  of  the
    44  commissioner of education.
    45    § 21. The opening paragraph of subdivision 10 of section 3602-e of the
    46  education law, as amended by section 10-a of part A of chapter 57 of the
    47  laws of 2012, is amended to read as follows:
    48    Notwithstanding  any provision of law to the contrary, for aid payable

    49  in the two thousand eight--two thousand nine school year, the  grant  to
    50  each eligible school district for universal prekindergarten aid shall be
    51  computed  pursuant  to this subdivision, and for the two thousand nine--
    52  two thousand ten and two thousand ten--two thousand eleven school years,
    53  each school district shall be eligible for a maximum grant equal to  the
    54  amount  computed for such school district for the base year in the elec-
    55  tronic data file produced by the commissioner  in  support  of  the  two
    56  thousand  nine--two  thousand ten education, labor and family assistance

        S. 6356--D                         26                         A. 8556--D
 
     1  budget, provided, however, that in the case of a  district  implementing
     2  programs  for  the  first time or implementing expansion programs in the

     3  two thousand eight--two thousand nine school year  where  such  programs
     4  operate  for a minimum of ninety days in any one school year as provided
     5  in section 151-1.4 of the regulations of the commissioner, for  the  two
     6  thousand nine--two thousand ten and two thousand ten--two thousand elev-
     7  en  school  years,  such school district shall be eligible for a maximum
     8  grant equal to the amount computed pursuant to paragraph a  of  subdivi-
     9  sion  nine  of this section in the two thousand eight--two thousand nine
    10  school year, and for the two thousand eleven--two thousand twelve school
    11  year each school district shall be eligible for a maximum grant equal to
    12  the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
    13  GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
    14  computer listing produced by the commissioner in support of the  enacted

    15  budget  for  the 2011-12 school year and entitled "SA111-2", and for two
    16  thousand twelve--two thousand thirteen [and], two thousand thirteen--two
    17  thousand fourteen and two thousand fourteen--two thousand fifteen school
    18  years each school district shall be eligible for a maximum  grant  equal
    19  to  the  greater of (i) the amount set forth for such school district as
    20  "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
    21  in  the  school  aid  computer  listing  produced by the commissioner in
    22  support of the enacted budget for the 2011-12 school year  and  entitled
    23  "SA111-2",  or  (ii)  the  amount  set forth for such school district as
    24  "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
    25  in  the  school aid computer listing produced by the commissioner on May

    26  fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
    27  twenty-one  of  section three hundred five of this chapter, and provided
    28  further that the maximum grant shall not exceed the total  actual  grant
    29  expenditures  incurred by the school district in the current school year
    30  as approved by the commissioner.
    31    § 21-a. Section 26 of subpart F of part C of chapter 97 of the laws of
    32  2011 amending the education law relating to census reporting, is amended
    33  to read as follows:
    34    § 26. This act shall take effect immediately provided,  however,  that
    35  the provisions of section three of this act shall expire June 30, [2014]
    36  2019  when upon such date the provisions of such section shall be deemed
    37  repealed; provided, further that the provisions of sections eight, elev-
    38  en, twelve, thirteen and twenty of this act shall expire  July  1,  2014

    39  when  upon  such  date  the  provisions of such sections shall be deemed
    40  repealed.
    41    § 22. School bus driver training. In addition to apportionments other-
    42  wise provided by section 3602 of the education law, for aid  payable  in
    43  the 2014--2015 school year, the commissioner of education shall allocate
    44  school  bus  driver  training  grants  to school districts and boards of
    45  cooperative educational services pursuant to sections 3650-a, 3650-b and
    46  3650-c of the education law, or for contracts directly with not-for-pro-
    47  fit educational organizations for the purposes  of  this  section.  Such
    48  payments  shall  not exceed four hundred thousand dollars ($400,000) per
    49  school year.
    50    § 22-a. Subdivision 11 of section 94 of part C of chapter  57  of  the
    51  laws  of  2004,  relating to support of education, as amended by chapter

    52  160 of the laws of 2011, is amended to read as follows:
    53    11. section seventy-one  of  this  act  shall  expire  and  be  deemed
    54  repealed June 30, [2014] 2017;
    55    §  23.  Special  apportionment for salary expenses. a. Notwithstanding
    56  any other provision of law, upon  application  to  the  commissioner  of

        S. 6356--D                         27                         A. 8556--D
 
     1  education,  not  sooner  than  the first day of the second full business
     2  week of June, 2015 and not later than the last day  of  the  third  full
     3  business  week  of  June, 2015, a school district eligible for an appor-
     4  tionment pursuant to section 3602 of the education law shall be eligible
     5  to  receive  an  apportionment  pursuant to this section, for the school
     6  year ending June 30, 2015, for salary expenses incurred between April  1

     7  and June 30, 2015 and such apportionment shall not exceed the sum of (i)
     8  the  deficit  reduction  assessment  of  1990--1991 as determined by the
     9  commissioner of education, pursuant to paragraph f of subdivision  1  of
    10  section  3602  of the education law, as in effect through June 30, 1993,
    11  plus (ii) 186 percent of such amount for a city  school  district  in  a
    12  city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
    13  209 percent of such amount for a city school district in a city  with  a
    14  population of more than 195,000 inhabitants and less than 219,000 inhab-
    15  itants  according  to  the  latest federal census, plus (iv) the net gap
    16  elimination adjustment for 2010--2011, as determined by the commissioner
    17  of education pursuant to chapter 53 of the laws of 2010,  plus  (v)  the
    18  gap  elimination  adjustment for 2011--2012 as determined by the commis-

    19  sioner of education pursuant to subdivision 17 of section  3602  of  the
    20  education  law,  and  provided further that such apportionment shall not
    21  exceed such salary expenses. Such application shall be made by a  school
    22  district, after the board of education or trustees have adopted a resol-
    23  ution  to do so and in the case of a city school district in a city with
    24  a population in excess of 125,000 inhabitants, with the approval of  the
    25  mayor of such city.
    26    b.  The  claim  for  an  apportionment to be paid to a school district
    27  pursuant to subdivision a of this section  shall  be  submitted  to  the
    28  commissioner  of  education  on  a form prescribed for such purpose, and
    29  shall be payable upon determination by such commissioner that  the  form
    30  has been submitted as prescribed. Such approved amounts shall be payable
    31  on  the  same  day in September of the school year following the year in

    32  which application was made as funds provided  pursuant  to  subparagraph
    33  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    34  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    35  certified or approved by the commissioner of  education  in  the  manner
    36  prescribed  by  law  from  moneys in the state lottery fund and from the
    37  general fund to the extent that the amount paid  to  a  school  district
    38  pursuant  to  this  section  exceeds the amount, if any, due such school
    39  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    40  section 3609-a of the education law in the  school  year  following  the
    41  year in which application was made.
    42    c.  Notwithstanding  the provisions of section 3609-a of the education
    43  law, an amount equal to the amount paid to a school district pursuant to

    44  subdivisions a and b of this section shall first be  deducted  from  the
    45  following  payments  due  the  school  district  during  the school year
    46  following the year in which application was made  pursuant  to  subpara-
    47  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
    48  section 3609-a of the education law in the following order: the  lottery
    49  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
    50  followed by the fixed fall payments payable pursuant to subparagraph (4)
    51  of such paragraph and then followed by the district's  payments  to  the
    52  teachers'  retirement  system pursuant to subparagraph (1) of such para-
    53  graph, and any remainder to be deducted from the individualized payments
    54  due the district pursuant to paragraph b of such  subdivision  shall  be
    55  deducted on a chronological basis starting with the earliest payment due
    56  the district.

        S. 6356--D                         28                         A. 8556--D
 
     1    §  24. Special apportionment for public pension accruals. a.  Notwith-
     2  standing any other provision of law, upon application to the commission-
     3  er of education, not later than June 30, 2015, a school district  eligi-
     4  ble  for  an apportionment pursuant to section 3602 of the education law
     5  shall  be eligible to receive an apportionment pursuant to this section,
     6  for the school year ending June 30, 2015 and  such  apportionment  shall
     7  not  exceed  the  additional  accruals  required  to  be  made by school
     8  districts in the 2004--2005 and 2005--2006 school years associated  with
     9  changes  for  such  public pension liabilities. The amount of such addi-
    10  tional accrual shall be certified to the commissioner  of  education  by

    11  the  president of the board of education or the trustees or, in the case
    12  of a city school district in a city  with  a  population  in  excess  of
    13  125,000  inhabitants,  the mayor of such city. Such application shall be
    14  made by a school district, after the board of education or trustees have
    15  adopted a resolution to do so and in the case of a city school  district
    16  in  a  city with a population in excess of 125,000 inhabitants, with the
    17  approval of the mayor of such city.
    18    b. The claim for an apportionment to be  paid  to  a  school  district
    19  pursuant  to  subdivision  a  of  this section shall be submitted to the
    20  commissioner of education on a form prescribed  for  such  purpose,  and
    21  shall  be  payable upon determination by such commissioner that the form
    22  has been submitted as prescribed. Such approved amounts shall be payable

    23  on the same day in September of the school year following  the  year  in
    24  which  application  was  made as funds provided pursuant to subparagraph
    25  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    26  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    27  certified  or  approved  by  the commissioner of education in the manner
    28  prescribed by law from moneys in the state lottery  fund  and  from  the
    29  general  fund  to  the  extent that the amount paid to a school district
    30  pursuant to this section exceeds the amount, if  any,  due  such  school
    31  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    32  section  3609-a  of  the  education law in the school year following the
    33  year in which application was made.
    34    c. Notwithstanding the provisions of section 3609-a of  the  education

    35  law, an amount equal to the amount paid to a school district pursuant to
    36  subdivisions  a  and  b of this section shall first be deducted from the
    37  following payments due  the  school  district  during  the  school  year
    38  following  the  year  in which application was made pursuant to subpara-
    39  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
    40  section  3609-a of the education law in the following order: the lottery
    41  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
    42  followed by the fixed fall payments payable pursuant to subparagraph (4)
    43  of  such  paragraph  and then followed by the district's payments to the
    44  teachers' retirement system pursuant to subparagraph (1) of  such  para-
    45  graph,  and any reminder to be deducted from the individualized payments
    46  due the district pursuant to paragraph b of such  subdivision  shall  be

    47  deducted on a chronological basis starting with the earliest payment due
    48  the district.
    49    §  25.  a.  Notwithstanding  any  other law, rule or regulation to the
    50  contrary, any moneys appropriated to the state education department  may
    51  be  suballocated  to  other state departments or agencies, as needed, to
    52  accomplish the intent of the specific appropriations contained therein.
    53    b. Notwithstanding any other law, rule or regulation to the  contrary,
    54  moneys  appropriated  to the state education department from the general
    55  fund/aid to localities,  local  assistance  account-001,  shall  be  for

        S. 6356--D                         29                         A. 8556--D
 
     1  payment  of  financial  assistance,  as scheduled, net of disallowances,
     2  refunds, reimbursement and credits.

     3    c.  Notwithstanding any other law, rule or regulation to the contrary,
     4  all moneys appropriated to the state education  department  for  aid  to
     5  localities shall be available for payment of aid heretofore or hereafter
     6  to  accrue  and may be suballocated to other departments and agencies to
     7  accomplish the intent of the specific appropriations contained therein.
     8    d. Notwithstanding any other law, rule or regulation to the  contrary,
     9  moneys  appropriated  to  the  state  education  department  for general
    10  support for public schools may be interchanged with any  other  item  of
    11  appropriation  for general support for public schools within the general
    12  fund local assistance account office of  prekindergarten  through  grade
    13  twelve education programs.
    14    § 26. Notwithstanding the provision of any law, rule, or regulation to

    15  the  contrary,  the  city school district of the city of Rochester, upon
    16  the consent of the board of  cooperative  educational  services  of  the
    17  supervisory  district  serving  its  geographic region may purchase from
    18  such board for the 2014--2015 school year,  as  a  non-component  school
    19  district, services required by article 19 of the education law.
    20    §  27. The amounts specified in this section shall be a set aside from
    21  the state funds which each such district is  receiving  from  the  total
    22  foundation  aid:  for  the  purpose  of  the development, maintenance or
    23  expansion of magnet schools or magnet school programs for the 2014--2015
    24  school year. To the city school district of the city of New  York  there
    25  shall  be  paid  forty-eight  million  one hundred seventy-five thousand
    26  dollars ($48,175,000) including five hundred thousand dollars ($500,000)

    27  for the Andrew Jackson High School; to the Buffalo city school district,
    28  twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
    29  Rochester  city  school district, fifteen million dollars ($15,000,000);
    30  to  the  Syracuse  city  school  district,  thirteen   million   dollars
    31  ($13,000,000);  to  the Yonkers city school district, forty-nine million
    32  five hundred thousand dollars ($49,500,000); to the Newburgh city school
    33  district,  four  million  six  hundred   forty-five   thousand   dollars
    34  ($4,645,000); to the Poughkeepsie city school district, two million four
    35  hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
    36  city school district, two  million  dollars  ($2,000,000);  to  the  New
    37  Rochelle  city  school  district,  one million four hundred ten thousand
    38  dollars ($1,410,000); to  the  Schenectady  city  school  district,  one

    39  million eight hundred thousand dollars ($1,800,000); to the Port Chester
    40  city  school  district,  one  million one hundred fifty thousand dollars
    41  ($1,150,000); to the White Plains city  school  district,  nine  hundred
    42  thousand  dollars ($900,000); to the Niagara Falls city school district,
    43  six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
    44  district,   three   million   five   hundred   fifty   thousand  dollars
    45  ($3,550,000); to the Utica city school  district,  two  million  dollars
    46  ($2,000,000); to the Beacon city school district, five hundred sixty-six
    47  thousand  dollars  ($566,000);  to  the Middletown city school district,
    48  four hundred thousand dollars ($400,000); to  the  Freeport  union  free
    49  school district, four hundred thousand dollars ($400,000); to the Green-
    50  burgh   central   school   district,   three  hundred  thousand  dollars

    51  ($300,000); to the Amsterdam city school district, eight  hundred  thou-
    52  sand  dollars  ($800,000);  to  the  Peekskill city school district, two
    53  hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
    54  district,  four hundred thousand dollars ($400,000). Notwithstanding the
    55  provisions of this section, a school district receiving a grant pursuant
    56  to this section may use such grant funds for: (i) any  instructional  or

        S. 6356--D                         30                         A. 8556--D
 
     1  instructional  support  costs  associated with the operation of a magnet
     2  school; or (ii) any instructional or instructional support costs associ-
     3  ated with implementation of an  alternative  approach  to  reduction  of
     4  racial  isolation  and/or  enhancement  of the instructional program and

     5  raising of standards in  elementary  and  secondary  schools  of  school
     6  districts  having  substantial  concentrations of minority students. The
     7  commissioner of education shall not be  authorized  to  withhold  magnet
     8  grant  funds  from  a school district that used such funds in accordance
     9  with this paragraph, notwithstanding any inconsistency  with  a  request
    10  for proposals issued by such commissioner. For the purpose of attendance
    11  improvement  and  dropout prevention for the 2014--2015 school year, for
    12  any city school district in a city having a population of more than  one
    13  million,  the setaside for attendance improvement and dropout prevention
    14  shall equal the amount set aside in the base year.  For  the  2014--2015
    15  school  year,  it is further provided that any city school district in a
    16  city having a population of more than  one  million  shall  allocate  at

    17  least one-third of any increase from base year levels in funds set aside
    18  pursuant  to  the  requirements  of  this subdivision to community-based
    19  organizations. Any increase required pursuant  to  this  subdivision  to
    20  community-based   organizations  must  be  in  addition  to  allocations
    21  provided to community-based organizations in  the  base  year.  For  the
    22  purpose  of  teacher support for the 2014--2015 school year: to the city
    23  school district of the city of New York, sixty-two million seven hundred
    24  seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
    25  district,   one   million   seven  hundred  forty-one  thousand  dollars
    26  ($1,741,000); to the Rochester city school district, one million  seven-
    27  ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
    28  district,  one  million  one  hundred   forty-seven   thousand   dollars

    29  ($1,147,000);  and  to  the Syracuse city school district, eight hundred
    30  nine thousand dollars ($809,000). All funds made available to  a  school
    31  district  pursuant  to  this section shall be distributed among teachers
    32  including prekindergarten teachers and teachers of adult vocational  and
    33  academic  subjects in accordance with this section and shall be in addi-
    34  tion to salaries heretofore or hereafter negotiated or  made  available;
    35  provided,  however,  that all funds distributed pursuant to this section
    36  for the current year shall be deemed to incorporate all  funds  distrib-
    37  uted  pursuant to former subdivision 27 of section 3602 of the education
    38  law for prior years. In school districts where the teachers are  repres-
    39  ented  by  certified  or  recognized  employee organizations, all salary
    40  increases funded pursuant to this section shall be determined  by  sepa-

    41  rate  collective  negotiations  conducted pursuant to the provisions and
    42  procedures of article 14 of the civil service law,  notwithstanding  the
    43  existence  of  a  negotiated  agreement  between a school district and a
    44  certified or recognized employee organization.
    45    § 28. Support of public libraries. The  moneys  appropriated  for  the
    46  support  of  public  libraries by a chapter of the laws of 2014 enacting
    47  the aid to localities budget shall be  apportioned  for  the  2014--2015
    48  state  fiscal  year  in  accordance with the provisions of sections 271,
    49  272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
    50  provisions  of this chapter and the provisions of this section, provided
    51  that library construction aid pursuant to section 273-a of the education
    52  law shall not be payable from the  appropriations  for  the  support  of

    53  public libraries and provided further that no library, library system or
    54  program, as defined by the commissioner of education, shall receive less
    55  total  system  or  program  aid than it received for the year 2001--2002

        S. 6356--D                         31                         A. 8556--D
 
     1  except as a result of a reduction adjustment necessary to conform to the
     2  appropriations for support of public libraries.
     3    Notwithstanding  any other provision of law to the contrary the moneys
     4  appropriated for the support of public libraries for the year 2014--2015
     5  by a chapter of the laws of 2014 enacting the education, labor and fami-
     6  ly assistance budget shall fulfill the  state's  obligation  to  provide
     7  such aid and, pursuant to a plan developed by the commissioner of educa-
     8  tion  and  approved  by  the  director of the budget, the aid payable to

     9  libraries and library systems pursuant to such appropriations  shall  be
    10  reduced  proportionately  to assure that the total amount of aid payable
    11  does not exceed the total appropriations for such purpose.
    12    § 29. Severability. The provisions of this act shall be severable, and
    13  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    14  section  or  part  of  this  act  to any person or circumstance shall be
    15  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    16  judgment shall not necessarily affect, impair or invalidate the applica-
    17  tion of any such clause, sentence, paragraph, subdivision, section, part
    18  of  this  act  or  remainder  thereof,  as the case may be, to any other
    19  person or circumstance, but shall be confined in its  operation  to  the
    20  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof

    21  directly involved in the controversy in which such judgment  shall  have
    22  been rendered.
    23    §  30.  This act shall take effect immediately, and shall be deemed to
    24  have been in full force and effect on and after April 1, 2014, provided,
    25  however, that:
    26    1. Sections one, two, three, four, five, seven,  nine,  twelve,  thir-
    27  teen,  seventeen,  twenty-two,  twenty-six  and twenty-seven of this act
    28  shall take effect July 1, 2014.
    29    2. The amendments to subdivision 6 of section 4402  of  the  education
    30  law made by section nine of this act shall not affect the repeal of such
    31  subdivision and shall be deemed repealed therewith.
    32    3.  Section  eleven  of  this  act shall take effect April 1, 2014 and
    33  shall first apply to the provision of services and programs pursuant  to
    34  section 4410 of the education law in the 2014-2015 school year, provided

    35  that  the  provisions of subparagraph (iv) of paragraph a of subdivision
    36  10 of section 4410 of the education law, as added  by  such  section  of
    37  this act, shall expire and be deemed repealed June 30, 2019.
    38    4.  The  amendments  to  chapter  756 of the laws of 1992, relating to
    39  funding a program for work force education conducted by a consortium for
    40  worker education in New York city, made by sections twelve and  thirteen
    41  of  this  act  shall  not affect the repeal of such chapter and shall be
    42  deemed repealed therewith.
    43    5. Section sixteen of this act shall take effect immediately and shall
    44  be deemed to have been in full force and effect on and after the  effec-
    45  tive date of section 140 of chapter 82 of the laws of 1995.
    46    6. Section twenty-five of this act shall expire and be deemed repealed
    47  June 30, 2015.

    48    7. The amendments to paragraph b-1 of subdivision 4 of section 3602 of
    49  the education law made by section three of this act shall not affect the
    50  expiration of such paragraph and shall be deemed to expire therewith.
 
    51                                   PART B
 
    52    Section  1.  The  smart schools bond act of 2014 is enacted to read as
    53  follows:

        S. 6356--D                         32                         A. 8556--D
 
     1                       SMART SCHOOLS BOND ACT OF 2014
 
     2  Section 1. Short title.
     3          2. Creation of a state debt.
     4          3. Bonds of the state.
     5          4. Use of moneys received.
     6  Section  1. Short title. This act shall be known and may be cited as the
     7  "smart schools bond act of 2014".
     8    § 2. Creation of a state debt. The creation of  a  state  debt  in  an

     9  amount   not   exceeding   in   the   aggregate   two   billion  dollars
    10  ($2,000,000,000) is hereby authorized to provide moneys for  the  single
    11  purpose  of  improving learning and opportunity for public and nonpublic
    12  school students of the state by funding  capital  projects  to:  acquire
    13  learning  technology  equipment or facilities including, but not limited
    14  to, interactive whiteboards, computer servers, and desktop,  laptop  and
    15  tablet  computers;  install  high-speed  broadband  or wireless internet
    16  connectivity  for  schools  and  communities;  construct,  enhance,  and
    17  modernize   educational   facilities   to  accommodate  pre-kindergarten
    18  programs and provide instructional space to replace transportable class-
    19  room units; and install high-tech security features in school  buildings
    20  and  on school campuses. The legislature may, by appropriate legislation

    21  and subject to such conditions as it may impose, make available  out  of
    22  the  proceeds  of  the  sale  of  bonds  authorized  in this act, moneys
    23  disbursed or to be disbursed for the cost of approved  capital  projects
    24  undertaken by, or on behalf of, school districts for such purposes.
    25    §  3.  Bonds  of the state. The state comptroller is hereby authorized
    26  and empowered to issue and sell bonds of the state up to  the  aggregate
    27  amount  of two billion dollars ($2,000,000,000) for the purposes of this
    28  act, subject to the provisions of article five of the state finance law.
    29  The aggregate principal amount  of  such  bonds  shall  not  exceed  two
    30  billion  dollars  ($2,000,000,000)  excluding  bonds issued to refund or
    31  otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
    32  however,  that upon any such refunding or repayment, the total aggregate

    33  principal amount of outstanding bonds may be greater  than  two  billion
    34  dollars ($2,000,000,000) only if the present value of the aggregate debt
    35  service  of  the  refunding  or  repayment  bonds to be issued shall not
    36  exceed the present value of the aggregate debt service of the  bonds  to
    37  be refunded or repaid. The method for calculating present value shall be
    38  determined by law.
    39    § 4. Use of moneys received. The moneys received by the state from the
    40  sale  of  bonds  sold pursuant to this act shall be expended pursuant to
    41  appropriations for capital projects related to  design,  planning,  site
    42  acquisition,  demolition,  construction, reconstruction, rehabilitation,
    43  or acquisition and/or installation of equipment for the following  types
    44  of  projects:  capital projects related to educational technology equip-

    45  ment or facilities including but not limited to interactive whiteboards;
    46  computer servers; desktop and laptop computers, and tablets;  high-speed
    47  broadband or wireless internet connectivity for schools and communities;
    48  capital  projects to construct, enhance or modernize educational facili-
    49  ties to accommodate pre-kindergarten programs and provide  instructional
    50  space  to replace transportable classroom units; and capital projects to
    51  install high-tech security features in school buildings  and  on  school
    52  campuses.
    53    §  2.  This  act  shall  take  effect  immediately,  provided that the
    54  provisions of section one of this act shall not take effect  unless  and
    55  until  this  act  shall have been submitted to the people at the general

        S. 6356--D                         33                         A. 8556--D
 

     1  election to be held in November 2014 and shall have been approved  by  a
     2  majority  of  all  votes  cast for and against it at such election. Upon
     3  approval by the people, section one of this act shall take effect  imme-
     4  diately.  The  ballots  to  be  furnished  for  the  use  of voters upon
     5  submission of this act shall be in the form prescribed by  the  election
     6  law  and  the  proposition  or question to be submitted shall be printed
     7  thereon in substantially the following form, namely "The  SMART  SCHOOLS
     8  BOND ACT OF 2014, as set forth in section one of part B of chapter (here
     9  insert  the  chapter number) of the laws of 2014, authorizes the sale of
    10  state bonds of up to two billion  dollars  ($2,000,000,000)  to  provide
    11  access  to  classroom technology and high-speed internet connectivity to
    12  equalize opportunities for children to learn, to add classroom space  to

    13  expand  high-quality  pre-kindergarten  programs,  to  replace classroom
    14  trailers with permanent instructional space, and  to  install  high-tech
    15  smart  security features in schools. Shall the SMART SCHOOLS BOND ACT OF
    16  2014 be approved?".
 
    17                                   PART C
 
    18    Section 1. This act shall be known and may  be  cited  as  the  "smart
    19  schools implementation act of 2014".
    20    §  2.  Section  3641  of  the education law is amended by adding a new
    21  subdivision 16 to read as follows:
    22    16. Implementation of the smart schools bond act of 2014.  a.    Defi-
    23  nitions.  The  following  terms,  whenever  used  or referred to in this
    24  subdivision, unless the context  indicates  otherwise,  shall  have  the
    25  following meanings:
    26    (1) "Bonds" shall mean general obligation bonds issued pursuant to the

    27  "smart  schools  bond act of 2014" in accordance with article VII of the
    28  New York state constitution and article five of the state finance law.
    29    (2) "Smart schools review board" shall mean a body  comprised  of  the
    30  chancellor  of  the  state  university  of New York, the director of the
    31  budget, and the commissioner, or their respective designees.
    32    (3) "Smart schools investment plan" shall mean a document prepared  by
    33  a school district setting forth the smart schools project or projects to
    34  be undertaken with such district's smart schools allocation.
    35    (4)  "Smart schools project" shall mean a capital project as set forth
    36  and defined in subparagraphs five, six, seven or  eight  of  this  para-
    37  graph.

    38    (5)  "Pre-kindergarten  or transportable classroom unit (TCU) replace-
    39  ment project" shall mean a capital project which, as a primary  purpose,
    40  expands the availability of adequate and appropriate instructional space
    41  for  pre-kindergarten  or  provides for the expansion or construction of
    42  adequate and appropriate instructional space to replace TCUs.
    43    (6) "Community connectivity project"  shall  mean  a  capital  project
    44  which,  as  a  primary purpose, expands high-speed broadband or wireless
    45  internet connectivity in the local community, including school buildings
    46  and campuses, for enhanced educational opportunity in the state.
    47    (7) "Classroom technology project" shall mean  a  capital  project  to

    48  expand high-speed broadband or wireless internet connectivity solely for
    49  school  buildings  and campuses, or to acquire learning technology hard-
    50  ware for schools, classrooms, and student use, including but not limited
    51  to whiteboards, computer servers, desktop computers,  laptop  computers,
    52  and tablet computers.
    53    (8) "School safety and security technology project" shall mean a capi-
    54  tal  project  to install high-tech security features in school buildings

        S. 6356--D                         34                         A. 8556--D
 
     1  and on school campuses, including but not limited to video surveillance,
     2  emergency  notification  systems  and  physical  access  controls,   for
     3  enhanced educational opportunity in the state.

     4    (9)  "Selected school aid" shall mean the sum of the amounts set forth
     5  as  "FOUNDATION  AID",  "FULL  DAY  K  CONVERSION",  "BOCES",   "SPECIAL
     6  SERVICES",  "HIGH  COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
     7  TECHNOLOGY",  "SOFTWARE,  LIBRARY,   TEXTBOOK",   "TRANSPORTATION   INCL
     8  SUMMER",  "OPERATING  REORG  INCENTIVE",  "CHARTER SCHOOL TRANSITIONAL",
     9  "ACADEMIC ENHANCEMENT", "HIGH TAX AID",  and  "SUPPLEMENTAL  PUB  EXCESS
    10  COST"  under  the  heading  "2013-14  BASE  YEAR AIDS" in the school aid
    11  computer listing produced by the commissioner in support of  the  execu-
    12  tive budget proposal for the two thousand fourteen-fifteen school year.
    13    (10)  "Smart schools allocation" shall mean, for each school district,

    14  the product of (i) two billion dollars  ($2,000,000,000)  multiplied  by
    15  (ii)  the quotient of such school district's selected school aid divided
    16  by the total selected school aid to all school districts.
    17    b. Smart schools investment plans. (1) The smart schools review  board
    18  shall issue guidelines setting forth required components and eligibility
    19  criteria  for  smart  schools investment plans to be submitted by school
    20  districts. Such guidelines shall include but not be limited to:   (i)  a
    21  timeline  for  school  district  submission  of smart schools investment
    22  plans; (ii) any requirements for the use of available state  procurement
    23  options  where  applicable;  (iii)  any  limitations  on the amount of a

    24  district's smart schools allocation that may be used for assets  with  a
    25  short  probable life; and (iv) the loan of smart schools classroom tech-
    26  nology pursuant to section seven hundred fifty-five of this chapter.
    27    (2) No school district shall be entitled  to  a  smart  schools  grant
    28  until such district shall have submitted a smart schools investment plan
    29  to  the smart schools review board and received such board's approval of
    30  such  investment  plan.  In  developing  such  investment  plan,  school
    31  districts  shall  consult  with  parents,  teachers, students, community
    32  members and other stakeholders.
    33    (3) The smart schools review board  shall  review  all  smart  schools
    34  investment  plans for compliance with all eligibility criteria and other

    35  requirements set forth in the guidelines. The smart schools review board
    36  may approve or reject such plans, or may return such plans to the school
    37  district for modifications. Upon approval, the smart schools project  or
    38  projects  described  in  the investment plan shall be eligible for smart
    39  schools grants. A smart schools project included in a school  district's
    40  smart schools investment plan shall not require separate approval of the
    41  commissioner unless it is part of a school construction project required
    42  to  be  submitted  for  approval of the commissioner pursuant to section
    43  four hundred eight of this chapter and/or  subdivision  six  of  section
    44  thirty-six hundred two of this article. Any department, agency or public

    45  authority shall provide the smart schools review board with any informa-
    46  tion it requires to fulfill its duties pursuant to this subdivision.
    47    (4)  Any  amendments or supplements to a smart schools investment plan
    48  shall be submitted to the smart schools review board for  approval,  and
    49  shall not take effect until such approval is granted.
    50    c.  Expenditure  of  money.  (1)  Smart  schools  grants.  Each school
    51  district which has an approved smart schools investment plan including a
    52  smart schools project or projects shall be entitled to a grant or grants
    53  for the smart schools project or projects included therein in an amount,
    54  whether in the aggregate or otherwise, not to exceed the  smart  schools

    55  allocation calculated for such school district. The amount of such allo-
    56  cation  not  expended, disbursed or encumbered for any school year shall

        S. 6356--D                         35                         A. 8556--D
 
     1  be carried over for expenditure and disbursement to the next  succeeding
     2  school year. Expenditures from the smart schools allocation shall not be
     3  eligible for aid under any other provision of this chapter.
     4    (2)  The amounts determined pursuant to this subdivision to be paid to
     5  school districts shall be certified by the  commissioner  in  accordance
     6  with this subdivision. If, upon the option of a school district, a smart
     7  schools  investment plan directs that an amount be transferred or subal-

     8  located to a department, agency, or public  authority  to  be  spent  on
     9  behalf  of  the  school  district,  such amounts shall be transferred or
    10  suballocated, consistent with such plan, upon the approval of the direc-
    11  tor of the budget. The amounts of money so certified or  made  available
    12  shall  be  paid  by  the  comptroller  in accordance with appropriations
    13  therefor, provided, however, that the  payment  schedule  set  forth  in
    14  subdivision  one  of this section shall not apply to such payments. Such
    15  payment shall fulfill any obligation of the state or the commissioner to
    16  apportion funds pursuant to this  subdivision,  and  whenever  a  school
    17  district  has  been  apportioned more money pursuant to this subdivision

    18  than that to which it is entitled,  the  commissioner  may  deduct  such
    19  amount from the next apportionment to be made to such school district.
    20    d.  Consistency  with  federal  tax law. All actions taken pursuant to
    21  this subdivision shall be reviewed for consistency  with  provisions  of
    22  the federal internal revenue code and regulations thereunder, in accord-
    23  ance  with procedures established in connection with the issuance of any
    24  tax exempt bonds pursuant to  this  subdivision,  to  preserve  the  tax
    25  exempt status of such bonds.
    26    e.  Compliance  with  other  law.  Every recipient of funds to be made
    27  available pursuant to this subdivision shall comply with all  applicable
    28  state, federal and local laws.

    29    §  3. The state finance law is amended by adding a new section 97-oooo
    30  to read as follows:
    31    § 97-oooo. Smart schools bond fund. 1. There is hereby established  in
    32  the joint custody of the state comptroller and the commissioner of taxa-
    33  tion  and  finance a special fund to be known as the "smart schools bond
    34  fund".
    35    2. The state comptroller shall deposit into  the  smart  schools  bond
    36  fund  all  moneys  received  by  the state from the sale of bonds and/or
    37  notes for uses eligible pursuant to section four of  the  smart  schools
    38  bond act of 2014.
    39    3.  Moneys  in the smart schools bond fund, following appropriation by
    40  the legislature and allocation by the director of the budget,  shall  be

    41  available  only  for  reimbursement  of expenditures made from appropri-
    42  ations from the capital projects fund  for  the  purpose  of  the  smart
    43  schools bond fund, as set forth in the smart schools bond act of 2014.
    44    4. No moneys received by the state from the sale of bonds and/or notes
    45  sold  pursuant  to  the smart schools bond act of 2014 shall be expended
    46  for any project until funds therefor have been allocated pursuant to the
    47  provisions of this section and copies of the appropriate certificates of
    48  approval filed with the chair of the senate finance committee, the chair
    49  of the assembly ways and means committee and the state comptroller.
    50    § 4. The education law is amended by adding a new section 755 to  read
    51  as follows:

    52    §  755.  Loan of smart schools classroom technology. 1. In the several
    53  cities and school districts of the state, school authorities, as defined
    54  in subdivision twelve of section two of this  chapter,  shall  have  the
    55  power  and  duty,  to the extent provided in this section, to loan, upon
    56  request of an individual or a group of individual pupils, to all  pupils

        S. 6356--D                         36                         A. 8556--D
 
     1  legally  attending  nonpublic elementary or secondary schools located in
     2  the school district, smart schools classroom technology acquired  pursu-
     3  ant  to  subdivision  sixteen of section thirty-six hundred forty-one of
     4  this  chapter  which  is  designated for use in any public elementary or

     5  secondary schools of the state or is approved by any school authorities.
     6  Such smart schools classroom  technology  made  available  to  nonpublic
     7  students  shall  be limited to that allowable under both paragraph seven
     8  of subdivision sixteen of section thirty-six hundred forty-one  of  this
     9  chapter and section seven hundred fifty-four of this article. Such smart
    10  schools  classroom  technology  is  to  be loaned free to such children,
    11  commencing with the two thousand fourteen--two thousand  fifteen  school
    12  year,  subject to such rules and regulations as are or may be prescribed
    13  by the board of regents and such school authorities.
    14    2. No school district shall be required to loan smart  schools  class-

    15  room  technology  in  excess  of  the smart schools classroom technology
    16  acquired by such district pursuant to  subdivision  sixteen  of  section
    17  thirty-six  hundred forty-one of this chapter. Such smart schools class-
    18  room technology shall be  loaned  on  an  equitable  basis  to  children
    19  attending  nonpublic  schools  in  the  district  in  the  current year,
    20  provided that nothing in this article shall be construed  to  require  a
    21  school  district to loan to children attending nonpublic schools, pursu-
    22  ant to this section, classroom technology purchased with local or feder-
    23  al funds or with state funds other than funds  apportioned  pursuant  to
    24  subdivision sixteen of section three hundred sixty-four of this chapter,

    25  and  provided  further  that  no  school district may loan smart schools
    26  classroom technology in an aggregate amount  greater  than  two  hundred
    27  fifty  dollars multiplied by the nonpublic school enrollment in the base
    28  year, at time of enactment, as defined in subparagraph  three  of  para-
    29  graph  n  of  subdivision  one of section thirty-six hundred two of this
    30  chapter. The payment of tuition under article eighty-nine of this  chap-
    31  ter  is deemed to be an equitable loan to children for whom such tuition
    32  is paid, and the provisions of this section shall not apply.
    33    3. School authorities shall adopt regulations specifying the  date  by
    34  which  requests  for  the  purchase  and loan of smart schools classroom

    35  technology must be received by the district. Notice of such  date  shall
    36  be  given  to all non-public schools in the school district. For the two
    37  thousand fourteen--two thousand fifteen school year, such date shall not
    38  be earlier than the first day of January of such school  year,  and  for
    39  the two thousand fifteen--two thousand sixteen school year and thereaft-
    40  er,  such  date  shall  not be earlier than the first day of June of the
    41  school year prior to that for which such smart schools  classroom  tech-
    42  nology  is being requested, provided, however, that a parent or guardian
    43  of a child not attending a particular non-public school prior to January
    44  first or June first of the school year,  as  applicable,  may  submit  a

    45  written  request  for  smart  schools classroom technology within thirty
    46  days after such child is enrolled  in  such  non-public  school.  In  no
    47  event,  however,  shall  a  request  made later than the times otherwise
    48  provided pursuant to this  subdivision  be  denied  where  a  reasonable
    49  explanation is given for the delay in making the request.
    50    §  5.  Section  61 of the state finance law is amended by adding a new
    51  subdivision 31 to read as follows:
    52                            SMART SCHOOLS PROJECTS
    53    31. Thirty years. For the payment of smart schools projects, including
    54  but not limited to  pre-kindergarten  or  transportable  classroom  unit
    55  replacement  projects,  community  connectivity  projects, and classroom

    56  technology projects, all as defined in subdivision  sixteen  of  section

        S. 6356--D                         37                         A. 8556--D
 
     1  thirty-six  hundred forty-one of the education law and undertaken pursu-
     2  ant to a chapter of the laws of  two  thousand  fourteen,  enacting  and
     3  constituting  the  smart schools bond act of 2014. Thirty years for pre-
     4  kindergarten   projects  or  transportable  classroom  unit  replacement
     5  projects, twenty years for community connectivity  projects,  and  eight
     6  years  for  classroom  technology projects or school safety and security
     7  technology projects.  Notwithstanding the foregoing, for the purposes of
     8  calculating annual  debt service, the state comptroller  shall  apply  a

     9  weighted average period of probable life of such smart schools projects,
    10  including  with  any  other  works or purposes to be financed with state
    11  debt. Weighted average period of probable life shall  be  determined  by
    12  computing  the  sum  of the products derived from multiplying the dollar
    13  value of the portion of the debt contracted for each work or purpose (or
    14  class of works or purposes) by the probable life of such work or purpose
    15  (or class of works or purposes) and dividing the resulting  sum  by  the
    16  dollar  value  of  the  entire  debt after taking into consideration any
    17  original issue premium or discount.
    18    § 6. If otherwise applicable, all work performed on a project  author-
    19  ized  by this act shall be subject to article eight of the labor law and

    20  shall be subject to the enforcement of prevailing wage  requirements  by
    21  the department of labor.
    22    §  7.  If any clause, sentence, paragraph, section or part of this act
    23  shall be adjudged by any court of competent jurisdiction to be  invalid,
    24  such judgment shall not affect, impair or invalidate the remainder ther-
    25  eof,  but  shall  be  confined in its operation to the clause, sentence,
    26  paragraph, section or part thereof directly involved in the  controversy
    27  in which such judgment shall have been rendered.
    28    §  8.  This  act shall take effect only in the event that section 1 of
    29  part B of a chapter of the laws of 2014,  enacting  the  "smart  schools
    30  bond act of 2014," is submitted to the people at the general election to
    31  be held in November 2014 and is approved by a majority of all votes cast
    32  for  and against it at such election. Upon such approval, this act shall

    33  take effect immediately. Effective immediately, the addition, amendment,
    34  and/or repeal of any rule or regulation necessary for the implementation
    35  of the foregoing sections of this act are authorized and directed to  be
    36  made and completed on or before such effective date.
 
    37                                   PART D
 
    38    Section  1.  Short  title. This act shall be known and may be cited as
    39  the "nurse practitioners modernization act".
    40    § 2. Subdivision 3 of section 6902 of the education law, as  added  by
    41  chapter 257 of the laws of 1988, is amended to read as follows:
    42    3.  (a) (i) The practice of registered professional nursing by a nurse
    43  practitioner, certified under section six thousand nine hundred  ten  of
    44  this  article,  may include the diagnosis of illness and physical condi-
    45  tions and the performance of therapeutic and corrective measures  within

    46  a specialty area of practice, in collaboration with a licensed physician
    47  qualified  to  collaborate  in  the  specialty  involved,  provided such
    48  services are performed in accordance with a written  practice  agreement
    49  and  written  practice protocols except as permitted by paragraph (b) of
    50  this subdivision.  The written practice agreement shall include explicit
    51  provisions for the resolution of any disagreement  between  the  collab-
    52  orating physician and the nurse practitioner regarding a matter of diag-
    53  nosis  or treatment that is within the scope of practice of both. To the

        S. 6356--D                         38                         A. 8556--D
 
     1  extent the practice agreement does not so provide, then the  collaborat-
     2  ing physician's diagnosis or treatment shall prevail.

     3    [(b)]  (ii) Prescriptions for drugs, devices and immunizing agents may
     4  be issued by a nurse practitioner, under  this  [subdivision]  paragraph
     5  and section six thousand nine hundred ten of this article, in accordance
     6  with  the  practice agreement and practice protocols except as permitted
     7  by paragraph (b) of this subdivision.    The  nurse  practitioner  shall
     8  obtain  a certificate from the department upon successfully completing a
     9  program including an appropriate pharmacology component, or  its  equiv-
    10  alent,  as  established  by  the  commissioner's  regulations,  prior to
    11  prescribing under this [subdivision] paragraph.  The certificate  issued
    12  under  section six thousand nine hundred ten of this article shall state

    13  whether the nurse practitioner has successfully completed such a program
    14  or equivalent and is authorized to prescribe  under  this  [subdivision]
    15  paragraph.
    16    [(c)]  (iii) Each practice agreement shall provide for patient records
    17  review by the collaborating physician in a  timely  fashion  but  in  no
    18  event less often than every three months. The names of the nurse practi-
    19  tioner  and  the  collaborating physician shall be clearly posted in the
    20  practice setting of the nurse practitioner.
    21    [(d)] (iv)  The  practice  protocol  shall  reflect  current  accepted
    22  medical  and  nursing  practice.   The protocols shall be filed with the
    23  department within ninety days of the commencement of  the  practice  and
    24  may  be  updated  periodically.  The commissioner shall make regulations

    25  establishing the procedure for the review of protocols and the  disposi-
    26  tion of any issues arising from such review.
    27    [(e)]  (v) No physician shall enter into practice agreements with more
    28  than four nurse practitioners who are not located on the  same  physical
    29  premises as the collaborating physician.
    30    [(f)]  (b)  Notwithstanding  subparagraph (i) of paragraph (a) of this
    31  subdivision, a nurse practitioner, certified  under  section  sixty-nine
    32  hundred  ten of this article and practicing for more than three thousand
    33  six hundred hours may comply with this paragraph in  lieu  of  complying
    34  with  the  requirements of paragraph (a) of this subdivision relating to
    35  collaboration with a physician, a written practice agreement and written

    36  practice protocols. A nurse practitioner complying with  this  paragraph
    37  shall  have collaborative relationships with one or more licensed physi-
    38  cians qualified to collaborate in the specialty involved or a  hospital,
    39  licensed  under  article  twenty-eight  of  the  public health law, that
    40  provides services through licensed physicians qualified  to  collaborate
    41  in the specialty involved and having privileges at such institution.  As
    42  evidence  that  the nurse practitioner maintains collaborative relation-
    43  ships, the nurse  practitioner  shall  complete  and  maintain  a  form,
    44  created by the department, to which the nurse practitioner shall attest,
    45  that  describes  such  collaborative relationships. For purposes of this

    46  paragraph, "collaborative relationships" shall mean that the nurse prac-
    47  titioner shall communicate, whether in person, by telephone  or  through
    48  written  (including  electronic) means, with a licensed physician quali-
    49  fied to collaborate in the specialty involved  or,  in  the  case  of  a
    50  hospital, communicate with a licensed physician qualified to collaborate
    51  in  the  specialty  involved and having privileges at such hospital, for
    52  the purposes of exchanging information, as needed, in order  to  provide
    53  comprehensive patient care and to make referrals as necessary. Such form
    54  shall  also  reflect  the  nurse  practitioner's acknowledgement that if
    55  reasonable efforts to resolve  any  dispute  that  may  arise  with  the

    56  collaborating physician or, in the case of a collaboration with a hospi-

        S. 6356--D                         39                         A. 8556--D
 
     1  tal, with a licensed physician qualified to collaborate in the specialty
     2  involved  and having privileges at such hospital, about a patient's care
     3  are not successful, the recommendation of the physician  shall  prevail.
     4  Such form shall be updated as needed and may be subject to review by the
     5  department.  The  nurse  practitioner  shall maintain documentation that
     6  supports such collaborative relationships. Failure to  comply  with  the
     7  requirements  found in this paragraph by a nurse practitioner who is not
     8  complying with such provisions of paragraph  (a)  of  this  subdivision,

     9  shall  be  subject to professional misconduct provisions as set forth in
    10  article one hundred thirty of this title.
    11    (c) Nothing in this subdivision shall be deemed to limit  or  diminish
    12  the  practice  of the profession of nursing as a registered professional
    13  nurse under this article or any other law, rule, regulation  or  certif-
    14  ication,  nor  to deny any registered professional nurse the right to do
    15  any act or engage in any practice authorized  by  this  article  or  any
    16  other law, rule, regulation or certification.
    17    [(g)]  (d)  The  provisions of this subdivision shall not apply to any
    18  activity authorized, pursuant to statute,  rule  or  regulation,  to  be
    19  performed by a registered professional nurse in a hospital as defined in
    20  article twenty-eight of the public health law.

    21    (e)  (i)  In  conjunction  with  and  as a condition of each triennial
    22  registration, the department shall  collect  and  a  nurse  practitioner
    23  shall provide such information and documentation required by the depart-
    24  ment,  in  consultation  with  the department of health, as necessary to
    25  enable the department of health to evaluate access to needed services in
    26  this state, including but not  limited  to  the  location  and  type  of
    27  setting  wherein  the nurse practitioner practices; if the nurse practi-
    28  tioner has practiced for fewer than three thousand six hundred hours and
    29  is practicing pursuant to a written practice agreement with a physician;
    30  if the nurse practitioner practices pursuant to collaborative  relation-

    31  ships  with  a  physician or hospital; and other information the depart-
    32  ment, in consultation with the department  of  health,  deems  relevant.
    33  The department of health, in consultation with the department, will make
    34  such  data  available  in  aggregate,  de-identified  form on a publicly
    35  accessible website.
    36    (ii) The  commissioner,  in  consultation  with  the  commissioner  of
    37  health,  shall issue a report on the implementation of the provisions of
    38  this section, along with information that includes, but is  not  limited
    39  to:    the number of nurse practitioners practicing for fewer than three
    40  thousand six hundred hours that practice pursuant to a written  practice
    41  agreement with a physician; the number of nurse practitioners that prac-

    42  tice  pursuant  to  collaborative  relationships with physicians or with
    43  hospitals; and other information the department deems relevant,  includ-
    44  ing  but  not limited to, any recommendations for the continuation of or
    45  amendments to the provisions of this section relating to  written  prac-
    46  tice  agreements or collaborative relationships.  The commissioner shall
    47  submit this report to the governor, the speaker  of  the  assembly,  the
    48  temporary  president  of  the senate, and the chairs of the assembly and
    49  senate higher education committees  by  September  first,  two  thousand
    50  eighteen.
    51    § 3. This act shall take effect on the first of January after it shall
    52  have  become  a  law and shall expire June 30 of the sixth year after it

    53  shall have become a law, when upon such date the provisions of this  act
    54  shall be deemed repealed; provided, however, that effective immediately,
    55  the  addition,  amendment and/or repeal of any rule or regulation neces-
    56  sary for the implementation of this act on its effective date is author-

        S. 6356--D                         40                         A. 8556--D
 
     1  ized and directed to be made and completed on or before  such  effective
     2  date.
 
     3                                   PART E
 
     4                            Intentionally Omitted
 
     5                                   PART F
 
     6                            Intentionally Omitted
 
     7                                   PART G
 
     8    Section  1. The education law is amended by adding a new section 669-e
     9  to read as follows:

    10    § 669-e. New York state science, technology, engineering and mathemat-
    11  ics incentive program. 1. Undergraduate students who are matriculated in
    12  an approved undergraduate program leading to a career in science,  tech-
    13  nology,  engineering  or mathematics at a New York state public institu-
    14  tion of higher education shall be  eligible  for  an  award  under  this
    15  section,  provided  the  applicant:  (a)  graduates  from  a high school
    16  located in New York state during or after the  two  thousand  thirteen--
    17  fourteen  school  year;  and (b) graduates within the top ten percent of
    18  his or her high school class; and (c) enrolls in  full-time  study  each
    19  term  beginning in the fall term after his or her high school graduation

    20  in an approved undergraduate program in science, technology, engineering
    21  or mathematics, as defined by the  corporation,  at  a  New  York  state
    22  public  institution  of  higher education; and (d) signs a contract with
    23  the corporation agreeing that his or her award will be  converted  to  a
    24  student  loan in the event the student fails to comply with the terms of
    25  this program as set forth in subdivision four of this section;  and  (e)
    26  complies with the applicable provisions of this article and all require-
    27  ments  promulgated  by  the  corporation  for  the administration of the
    28  program.
    29    2. Awards shall be granted beginning with the two thousand  fourteen--
    30  two thousand fifteen academic year and thereafter to applicants that the

    31  corporation  has  determined  are  eligible  to receive such awards. The
    32  corporation shall grant such awards in an amount equal to the amount  of
    33  undergraduate  tuition  for  residents  of New York state charged by the
    34  state university of New York or actual  tuition  charged,  whichever  is
    35  less;  provided,  however, (i) a student who receives educational grants
    36  and/or scholarships that cover the student's  full  cost  of  attendance
    37  shall  not  be  eligible  for  an  award  under this program; (ii) for a
    38  student who receives educational grants and/or scholarships  that  cover
    39  less  than  the  student's  full  cost of attendance, such grants and/or
    40  scholarships shall not be deemed duplicative of this program and may  be

    41  held  concurrently  with  an award under this program, provided that the
    42  combined benefits do not exceed the student's full cost  of  attendance;
    43  and  (iii) an award under this program shall be applied to tuition after
    44  the application of all other educational grants and scholarships limited
    45  to tuition and shall be reduced in an amount equal to  such  educational
    46  grants  and/or  scholarships.  Upon  notification of an award under this
    47  program, the institution shall defer the amount of tuition equal to  the

        S. 6356--D                         41                         A. 8556--D
 
     1  award.  No  award  shall  be  final  until  the  recipient's  successful
     2  completion of a term has been certified by the institution.

     3    3. An eligible recipient shall not receive an award for more than four
     4  academic  years  of full-time undergraduate study or five academic years
     5  if the program of study normally  requires  five  years,  excluding  any
     6  allowable interruption of study.
     7    4.  The corporation shall convert to a student loan the full amount of
     8  the award given pursuant to this section, plus interest, according to  a
     9  schedule  to  be determined by the corporation if: (a) a recipient fails
    10  to complete an approved undergraduate program  in  science,  technology,
    11  engineering or mathematics or changes majors to a program of undergradu-
    12  ate study other than in science, technology, engineering or mathematics;

    13  or  (b) upon completion of such undergraduate degree program a recipient
    14  fails to either (i) complete five years of continuous full time  employ-
    15  ment in the science, technology, engineering or mathematics field with a
    16  public or private entity located within New York state, or (ii) maintain
    17  residency  in  New  York  state  for such period of employment; or (c) a
    18  recipient fails to respond to requests by the corporation for the status
    19  of his or her academic or professional progress. The  terms  and  condi-
    20  tions of this subdivision shall be deferred for individuals who graduate
    21  with a degree in an approved undergraduate program in science, technolo-
    22  gy,  engineering or mathematics and enroll on at least a half-time basis

    23  in a graduate or higher degree program or other  professional  licensure
    24  degree  program  until  they  are  conferred a degree, and shall also be
    25  deferred for any interruption in undergraduate study  or  employment  as
    26  established  by the rules and regulations of the corporation.  The terms
    27  and conditions of this subdivision may also  be  deferred  for  a  grace
    28  period,  to  be established by the corporation, following the completion
    29  of an approved undergraduate program in science, technology, engineering
    30  or mathematics a graduate or higher degree program or other professional
    31  licensure degree program. Any obligation to comply with such  provisions
    32  as  outlined  in  this  section shall be cancelled upon the death of the

    33  recipient. Notwithstanding any provisions of  this  subdivision  to  the
    34  contrary,  the  corporation  is authorized to promulgate rules and regu-
    35  lations to provide for the waiver or suspension of any  financial  obli-
    36  gation which would involve extreme hardship.
    37    5.  The corporation is authorized to promulgate rules and regulations,
    38  and may promulgate emergency regulations, necessary for the  implementa-
    39  tion  of  the provisions of this section, including, but not limited to,
    40  the rate of interest charged for repayment of the student loan.
    41    § 2. This act shall take effect immediately and  shall  be  deemed  to
    42  have been in full force and effect on and after April 1, 2014.
 
    43                                   PART H
 

    44    Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
    45  chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
    46  implementing  the state fiscal plan for the 2005-2006 state fiscal year,
    47  relating to the New York state higher education capital  matching  grant
    48  program  for  independent colleges, as amended by section 1 of part C of
    49  chapter 57 of the laws of 2013, is amended to read as follows:
    50    (a) The New York state higher education capital matching  grant  board
    51  is  hereby  created to have and exercise the powers, duties and preroga-
    52  tives provided by the provisions of this section and any other provision
    53  of law. The board shall remain in existence during the period of the New
    54  York state higher education capital  matching  grant  program  from  the


        S. 6356--D                         42                         A. 8556--D
 
     1  effective  date  of  this  section through March 31, [2014] 2017, or the
     2  date on which the last of the funds  available  for  grants  under  this
     3  section  shall  have  been  disbursed,  whichever  is earlier; provided,
     4  however,  that  the  termination of the existence of the board shall not
     5  affect the power and authority of the dormitory authority to perform its
     6  obligations with respect to any  bonds,  notes,  or  other  indebtedness
     7  issued or incurred pursuant to authority granted in this section.
     8    §  2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter
     9  57 of the laws of 2005 amending the labor law and other laws  implement-
    10  ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
    11  to the New York state higher education capital  matching  grant  program

    12  for  independent  colleges, as amended by section 2 of part C of chapter
    13  57 of the laws of 2013, is amended to read as follows:
    14    (h) In the event that any colleges do not apply for  higher  education
    15  capital  matching  grants  by March 31, 2009, or in the event they apply
    16  for and are awarded, but do not use the full amount of such grants,  the
    17  unused  funds  associated with such grants and any additional funds that
    18  become available shall thereafter be awarded to colleges  on  a  compet-
    19  itive  basis[,  according  to  the priorities set forth below.  Notwith-
    20  standing subdivision five of this section, any college shall be eligible
    21  to apply for such unused funds in response to a  request  for  proposals
    22  for  a  higher  education  capital matching grant pursuant to this para-

    23  graph.   In such cases, the following  priorities  shall  apply:  first,
    24  priority shall be given to otherwise eligible colleges that either were,
    25  or would have been, deemed ineligible for the program prior to March 31,
    26  2009,  due  to  missed  deadlines,  insufficient matching funds, lack of
    27  accreditation or other disqualifying  reasons;  and  second,  after  the
    28  board  has  acted  upon  all such first-priority applications for unused
    29  funds, if any such funds remain, those  funds  shall  be  available  for
    30  distribution  to  eligible  colleges].    The  dormitory authority shall
    31  develop a request for proposals and application process, in consultation
    32  with the board, for higher education  capital  matching  grants  awarded

    33  pursuant  to  this  paragraph,  and  shall  develop criteria, subject to
    34  review by the board, for the awarding  of  such  grants.  Such  criteria
    35  [shall]  may  include,  but  not  be  limited  to  the matching criteria
    36  contained in paragraph (c) of this subdivision,  and  [the]  application
    37  criteria  set  forth in paragraph (e) of this subdivision. The dormitory
    38  authority shall require all applications in response to the request  for
    39  proposals  to  be  submitted  by September 1, [2013] 2014, and the board
    40  shall act on each application for such matching grants  by  November  1,
    41  [2013] 2014.
    42    § 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
    43  section 1 of part U of chapter 57 of the laws of 2005 amending the labor

    44  law  and other laws implementing the state fiscal plan for the 2005-2006
    45  state fiscal year, relating to the New York state higher education capi-
    46  tal matching grant program  for  independent  colleges,  as  amended  by
    47  section  3  of  part  C of chapter 57 of the laws of 2013, is amended to
    48  read as follows:
    49    (A) Notwithstanding the provision of any general or special law to the
    50  contrary, and subject to the provisions of chapter 59  of  the  laws  of
    51  2000 and to the making of annual appropriations therefor by the legisla-
    52  ture, in order to assist the dormitory authority in providing such high-
    53  er  education  capital  matching  grants,  the director of the budget is
    54  authorized in any state fiscal year commencing  April  1,  2005  or  any
    55  state  fiscal  year  thereafter for a period ending on March 31, [2015,]

    56  2017, to enter into one or more service contracts, none of  which  shall

        S. 6356--D                         43                         A. 8556--D
 
     1  exceed  30  years  in  duration, with the dormitory authority, upon such
     2  terms as the director of the budget and the dormitory authority agree.
     3    §  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
     4  57 of the laws of 2005 amending the labor law and other laws  implement-
     5  ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
     6  to the New York state higher education matching  capital  grant  program
     7  for  independent  colleges, as amended by section 4 of part C of chapter
     8  57 of the laws of 2013, is amended to read as follows:
     9    (b) Any eligible institution receiving a grant pursuant to this  arti-

    10  cle shall report to the dormitory authority no later than June 1, [2014]
    11  2018,  on  the use of funding received and its programmatic and economic
    12  impact. The dormitory authority shall submit  a  report  no  later  than
    13  November  1,  [2014]  2018 to [the board,] the governor, the director of
    14  the budget, the temporary president of the senate, and  the  speaker  of
    15  the  assembly  on  the aggregate impact of the higher education matching
    16  capital grant program. Such report  shall  provide  information  on  the
    17  progress and economic impact of such project.
    18    §  5.  This  act  shall take effect immediately and shall be deemed to
    19  have been in full force and effect on and after April 1, 2014.
 
    20                                   PART I
    21                            Intentionally Omitted
 

    22                                   PART J
    23                            Intentionally Omitted
 
    24                                   PART K
 
    25    Section 1. Notwithstanding any other provision  of  law,  the  housing
    26  trust  fund  corporation  (the corporation) may provide, for purposes of
    27  the rural rental assistance program, a sum not to exceed twenty  million
    28  four hundred thousand dollars for the fiscal year ending March 31, 2015.
    29  Notwithstanding  any  other  provision  of  law,  and  provided that the
    30  reserves in the project pool insurance account of the mortgage insurance
    31  fund created pursuant to section 2429-b of the  public  authorities  law
    32  are  sufficient  to attain and maintain the credit rating (as determined
    33  by the agency) required to accomplish the purposes of such account,  the
    34  board  of  directors  of  the  state  of  New York mortgage agency shall

    35  authorize the transfer from the project pool insurance  account  of  the
    36  mortgage  insurance  fund  to  the  housing  trust fund corporation (the
    37  corporation), for the purposes of reimbursing any costs associated  with
    38  rural  rental assistance program contracts authorized by this section, a
    39  total sum not to exceed twenty million four hundred thousand dollars  as
    40  soon as practicable but no later than June 30, 2014. Notwithstanding any
    41  other provision of law, all current and existing rural rental assistance
    42  program  contracts  may  be assigned to the corporation to administer as
    43  soon as practicable. Notwithstanding any other provision  of  law,  such
    44  funds  may  be used by the corporation in support of contracts scheduled
    45  to expire in 2014-15 for as many as 10 additional years; in  support  of
    46  contracts  for new eligible projects for a period not to exceed 5 years;

    47  and in support of contracts which reach their 25 year maximum in  and/or
    48  prior to 2014-15 for an additional one year period.
    49    §  2.  Notwithstanding any other provision of law, the housing finance
    50  agency may provide, for costs  associated  with  the  rehabilitation  of

        S. 6356--D                         44                         A. 8556--D
 
     1  Mitchell  Lama  housing projects, a sum not to exceed thirty-two million
     2  dollars for the fiscal year ending March 31, 2015.  Notwithstanding  any
     3  other  provision  of  law, and provided that the reserves in the project
     4  pool  insurance  account of the mortgage insurance fund created pursuant
     5  to section 2429-b of the public authorities law are sufficient to attain
     6  and maintain the credit rating (as determined by the agency) required to
     7  accomplish the purposes of such account, the board of directors  of  the

     8  state  of New York mortgage agency shall authorize the transfer from the
     9  project pool insurance account of the mortgage  insurance  fund  to  the
    10  housing  finance agency, for the purposes of reimbursing any costs asso-
    11  ciated with Mitchell Lama housing projects authorized by this section, a
    12  total sum not to exceed thirty-two million dollars as soon as  practica-
    13  ble but no later than March 31, 2015.
    14    §  3.  Notwithstanding  any  other provision of law, the housing trust
    15  fund corporation (the corporation) may  provide,  for  purposes  of  the
    16  neighborhood  preservation  program,  a  sum not to exceed eight million
    17  four hundred seventy-nine thousand dollars for the  fiscal  year  ending
    18  March 31, 2015. Notwithstanding any other provision of law, and provided
    19  that  the reserves in the project pool insurance account of the mortgage

    20  insurance fund created pursuant to section 2429-b of the public authori-
    21  ties law are sufficient to attain and maintain  the  credit  rating  (as
    22  determined  by  the  agency) required to accomplish the purposes of such
    23  account, the board of directors of the state of New York mortgage agency
    24  shall authorize the transfer from the project pool insurance account  of
    25  the  mortgage  insurance fund to the housing trust fund corporation (the
    26  corporation), for the purposes of reimbursing any costs associated  with
    27  neighborhood  preservation program contracts authorized by this section,
    28  a total sum not to exceed eight million four hundred seventy-nine  thou-
    29  sand dollars as soon as practicable but no later than June 30, 2014.
    30    §  4.  Notwithstanding  any  other provision of law, the housing trust
    31  fund corporation (the corporation) may  provide,  for  purposes  of  the

    32  rural  preservation  program,  a  sum  not  to exceed three million five
    33  hundred thirty-nine thousand dollars for the fiscal  year  ending  March
    34  31, 2015.  Notwithstanding any other provision of law, and provided that
    35  the  reserves  in  the  project  pool  insurance account of the mortgage
    36  insurance fund created pursuant to section 2429-b of the public authori-
    37  ties law are sufficient to attain and maintain  the  credit  rating  (as
    38  determined  by  the  agency) required to accomplish the purposes of such
    39  account, the board of directors of the state of New York mortgage agency
    40  shall authorize the transfer from the project pool insurance account  of
    41  the  mortgage  insurance fund to the housing trust fund corporation (the
    42  corporation), for the purposes of reimbursing any costs associated  with
    43  rural preservation program contracts authorized by this section, a total

    44  sum  not  to  exceed  three  million  five  hundred thirty-nine thousand
    45  dollars as soon as practicable but no later than June 30, 2014.
    46    § 5. Notwithstanding any other provision of  law,  the  housing  trust
    47  fund  corporation  (the  corporation)  may  provide, for purposes of the
    48  rural and urban community investment fund program  created  pursuant  to
    49  article  XXVII  of  the private housing finance law, a sum not to exceed
    50  six million seven hundred fifty thousand dollars  for  the  fiscal  year
    51  ending  March 31, 2015.  Notwithstanding any other provision of law, and
    52  provided that the reserves in the project pool insurance account of  the
    53  mortgage insurance fund created pursuant to section 2429-b of the public
    54  authorities  law are sufficient to attain and maintain the credit rating
    55  (as determined by the agency) required to  accomplish  the  purposes  of

    56  such  account,  the board of directors of the state of New York mortgage

        S. 6356--D                         45                         A. 8556--D
 
     1  agency shall authorize the transfer  from  the  project  pool  insurance
     2  account  of the mortgage insurance fund to the housing trust fund corpo-
     3  ration (the corporation), for the  purposes  of  reimbursing  any  costs
     4  associated  with  rural  and  urban  community  investment  fund program
     5  contracts authorized by this section, a total  sum  not  to  exceed  six
     6  million  seven hundred fifty thousand dollars as soon as practicable but
     7  not later than March 31, 2015.
     8    § 6. Notwithstanding any other provision of  law,  the  housing  trust
     9  fund  corporation  (the  corporation)  may  provide, for the purposes of
    10  carrying out the provisions of the low income housing trust fund program

    11  created pursuant to article XVIII of the private housing finance law,  a
    12  sum  not  to  exceed  two  million five hundred thousand dollars for the
    13  fiscal year ending March 31, 2015. Notwithstanding any  other  provision
    14  of law, and provided that reserves in the project pool insurance account
    15  of the mortgage insurance fund created pursuant to section 2429-b of the
    16  public  authorities law are sufficient to attain and maintain the credit
    17  rating (as determined by the agency) required to accomplish the purposes
    18  of such account, the board of directors of the state of New  York  mort-
    19  gage agency shall authorize the transfer from the project pool insurance
    20  account  of the mortgage insurance fund to the housing trust fund corpo-
    21  ration  (the  corporation),  for  the  purposes  of  carrying  out   the
    22  provisions of the low income housing trust fund program created pursuant

    23  to  article  XVIII of the private housing finance law authorized by this
    24  section, a total sum not to exceed two  million  five  hundred  thousand
    25  dollars as soon as practicable but no later than March 31, 2015.
    26    §  7.  Notwithstanding  any  other provision of law, the housing trust
    27  fund corporation (the corporation) may  provide,  for  purposes  of  the
    28  homes for working families program for deposit in the housing trust fund
    29  created  pursuant to section 59-a of the private housing finance law and
    30  subject to the provisions  of  article  XVIII  of  the  private  housing
    31  finance  law,  a sum not to exceed one million seven hundred fifty thou-
    32  sand dollars for the fiscal year ending March 31, 2015.  Notwithstanding
    33  any  other  provision  of  law,  and  provided  that the reserves in the
    34  project pool insurance account of the mortgage  insurance  fund  created

    35  pursuant  to section 2429-b of the public authorities law are sufficient
    36  to attain and maintain the credit rating (as determined by  the  agency)
    37  required to accomplish the purposes of such account, the board of direc-
    38  tors of the state of New York mortgage agency shall authorize the trans-
    39  fer  from  the  project pool insurance account of the mortgage insurance
    40  fund to the housing trust fund corporation (the  corporation),  for  the
    41  purposes  of  reimbursing  any  costs  associated with homes for working
    42  families program contracts authorized by this section, a total  sum  not
    43  to  exceed  one  million seven hundred fifty thousand dollars as soon as
    44  practicable but no later than March 31, 2015.
    45    § 8. Notwithstanding any other provision of law, the homeless  housing
    46  and  assistance  corporation  may  provide, for purposes of the New York

    47  state supportive housing program,  the  solutions  to  end  homelessness
    48  program or the operational support for AIDS housing program, or to qual-
    49  ified grantees under those programs, in accordance with the requirements
    50  of  those  programs,  a  sum  not  to exceed six million dollars for the
    51  fiscal year ending March 31, 2015. The homeless housing  and  assistance
    52  corporation may enter into an agreement with the office of temporary and
    53  disability  assistance  to  administer  such  sum in accordance with the
    54  requirements of the programs. Notwithstanding  any  other  provision  of
    55  law,  and  subject  to  the  approval of the director of the budget, the
    56  state of New York mortgage agency (the agency)  shall  transfer  to  the

        S. 6356--D                         46                         A. 8556--D
 

     1  homeless  housing  and assistance corporation, a total sum not to exceed
     2  six million dollars, such transfer to  be  made  from  (i)  the  special
     3  account  of  the  mortgage  insurance  fund  created pursuant to section
     4  2429-b  of  the  public  authorities law, in an amount not to exceed the
     5  actual excess balance in the special account of the  mortgage  insurance
     6  fund,  as  determined  and  certified  by the agency for the fiscal year
     7  2013-2014 in accordance with section 2429-b of  the  public  authorities
     8  law,  if any, and/or (ii) provided that the reserves in the project pool
     9  insurance account of the mortgage insurance  fund  created  pursuant  to
    10  section  2429-b  of  the public authorities law are sufficient to attain
    11  and maintain the credit rating (as determined by the agency) required to
    12  accomplish the purposes of such  account,  the  project  pool  insurance

    13  account of the mortgage insurance fund, such transfer to be made as soon
    14  as practicable but no later than March 31, 2015.
    15    § 9. This act shall take effect immediately.
 
    16                                   PART L
 
    17                            Intentionally Omitted
 
    18                                   PART M
    19                            Intentionally Omitted
 
    20                                   PART N
 
    21                            Intentionally Omitted
 
    22                                   PART O
 
    23                            Intentionally Omitted
 
    24                                   PART P
 
    25                            Intentionally Omitted
 
    26                                   PART Q
 
    27    Section  1. The social services law is amended by adding a new section
    28  390-i to read as follows:

    29    § 390-i. Notice of inspection report. In every child day care  program
    30  that  is licensed or registered pursuant to section three hundred ninety
    31  of this title, the child day care provider shall post and maintain in  a
    32  prominent  place, a notice, to be provided by the office of children and
    33  family services, that shall state the date the most  recent  child  care
    34  inspection  occurred  and provide information for parents and caregivers
    35  regarding how to obtain  information  from  such  office  regarding  the
    36  results  of  the  inspection.  If  possible, the child day care provider
    37  shall also post  such  information  on  the  child  day  care  program's
    38  website.  Such  child  day  care  programs shall post and maintain, in a

    39  prominent place, such program's most recent compliance history as  shown
    40  on the office of children and family services website.

        S. 6356--D                         47                         A. 8556--D
 
     1    §  2. This act shall take effect on the first of January next succeed-
     2  ing the date on which it shall have become  a  law.  Provided,  however,
     3  that effective immediately any rules and regulations necessary to imple-
     4  ment  the provisions of this act on its effective date are authorized to
     5  be completed on or before such date.
 
     6                                   PART R
 
     7    Section  1.  Section  410-w  of  the social services law is amended by
     8  adding a new subdivision 7 to read as follows:
     9    7. For purposes of determining financial eligibility under this title,

    10  the earned income of a dependent child under the age of eighteen, who is
    11  not legally responsible for the child or children for which  child  care
    12  assistance  is  sought, shall be disregarded when determining the eligi-
    13  bility of a household for a child care subsidy.
    14    § 2. This act shall take effect July 1, 2014, provided  however,  that
    15  notwithstanding any other provision of law to the contrary, local social
    16  services  districts shall not be required to implement the provisions of
    17  this act for a family that is in receipt of child care assistance on the
    18  effective date of this act until either the first  case  action  or  the
    19  first  recertification  succeeding  such  date  occurs  for such family,
    20  whichever is earlier.
 
    21                                   PART S
 

    22    Section 1. Section 106 of the social services law, as amended by chap-
    23  ter 200 of the laws of 1946, the section heading  as  amended,  subpara-
    24  graph  5  of paragraph (a) of subdivision 2 as renumbered and paragraphs
    25  (e) and (f) of subdivision 2 as added by chapter 1080  of  the  laws  of
    26  1974,  subdivision  1  and  paragraph (a) of subdivision 2 as amended by
    27  chapter 764 of the laws of 1972,  paragraph  (b)  of  subdivision  2  as
    28  amended by chapter 150 of the laws of 1955, paragraph (c) of subdivision
    29  2 as amended by chapter 310 of the laws of 1962, paragraph (d) of subdi-
    30  vision  2  as  added by chapter 43 of the laws of 1952, subdivision 3 as
    31  amended by chapter 271 of the laws of 1948 and subdivision 4 as added by
    32  chapter 340 of the laws of 2003, is amended to read as follows:
    33    § 106. Powers of social services official to receive and dispose of  a

    34  deed,  mortgage,  or lien. 1. A social services official responsible, by
    35  or pursuant to any provision of this chapter, for the administration  of
    36  assistance  or  care  granted  or  applied for may accept a deed of real
    37  property and/or a mortgage thereon on behalf  of  the  [public  welfare]
    38  social  services  district  for  the  assistance and care of a person at
    39  public expense but such property shall not be considered as public prop-
    40  erty and shall remain on the tax rolls and such deed or  mortgage  shall
    41  be  subject  to  redemption  as provided in paragraph (a) of subdivision
    42  [two] six hereof.
    43    2. A social services official may  not  assert  any  claim  under  any
    44  provision  of  this  section to recover payments made as part of Supple-

    45  mental Nutrition Assistance Program (SNAP), child care  services,  Emer-
    46  gency Assistance to Adults or the Home Energy Assistance Program (HEAP).
    47    3.  A  social  services  official  may  not assert any claim under any
    48  provision of this section to recover payments of  public  assistance  if
    49  such payments were reimbursed by child support collections.
    50    4.  A  social  services  official  may  not assert any claim under any
    51  provision of this section  to  recover  payments  of  public  assistance
    52  unless,  before  it has accepted a deed or mortgage from an applicant or

        S. 6356--D                         48                         A. 8556--D
 
     1  recipient, it has first received a signed acknowledgment from the appli-

     2  cant or recipient acknowledging that:
     3    (a)  benefits  provided  as  part of Supplemental Nutrition Assistance
     4  Program (SNAP), child care services, Emergency Assistance to  Adults  or
     5  the Home Energy Assistance Program (HEAP) may not be included as part of
     6  the recovery to be made under the mortgage or lien; and
     7    (b)  if  the  applicant  or  recipient declines to provide the lien or
     8  mortgage the children  in  the  household  remain  eligible  for  public
     9  assistance.
    10    5. (a) Until a deed, mortgage, or lien, accepted prior to or after the
    11  effective  date  of this act, is satisfied or otherwise disposed of, the
    12  social services district shall issue and mail to the last known  address

    13  of  the  person  giving  such  deed or mortgage, or his or her estate or
    14  those entitled thereto, a biennial accounting of the  public  assistance
    15  incurred  and  repairs  and taxes paid on property.  The social services
    16  district shall provide such accounting no later than February first, two
    17  thousand sixteen and biennially thereafter.
    18    (b) Such accounting shall include information regarding the debt  owed
    19  as  of  the end of the district's most recent fiscal year including, but
    20  not limited to:
    21    (1) an enumeration of all public assistance  incurred  by  the  person
    22  giving such deed or mortgage or his or her household to date;
    23    (2) the current amount of recoverable public assistance under the deed
    24  or mortgage;

    25    (3)  the amount of any credits against public assistance including but
    26  not limited to:
    27    A. the amount of child support collected and retained  by  the  social
    28  services district as reimbursement for public assistance;
    29    B. recoveries made under section one hundred four of this title;
    30    C.  recoveries  made  under  section  one hundred thirty-one-r of this
    31  chapter.
    32    (4) Said accounting  shall  also  provide  information  regarding  the
    33  manner  in which payments may be made to the social services district to
    34  reduce the amount of the mortgage or lien.
    35    (c) In the event that a biennial accounting is not issued  and  mailed
    36  to  the last known address of the person giving such deed or mortgage or

    37  his or her estate or those entitled  thereto,  within  the  time  period
    38  required  in  paragraph  (a)  of  this subdivision, no public assistance
    39  shall be recoverable under this section  for  the  previous  two  fiscal
    40  years.  In the event that a biennial accounting is not issued and mailed
    41  to the last known address of the person giving such deed or mortgage  or
    42  his  or  her  estate  or  those entitled thereto, within the time period
    43  required in paragraph (a) of  this  subdivision,  and  such  person  has
    44  received  no recoverable public assistance in the district's most recent
    45  fiscal year, no  public  assistance  shall  be  recoverable  under  this
    46  section  for  the  most  recent two fiscal years where public assistance
    47  remains recoverable.

    48    6. (a) (1) Until such property or mortgage is sold, assigned or  fore-
    49  closed  pursuant  to  law  by  the  social services official, the person
    50  giving such deed or mortgage, or his estate or those  entitled  thereto,
    51  may  redeem  the  same  by  the payment of all expenses incurred for the
    52  support of the person, and for repairs and taxes paid on such  property,
    53  provided,  however,  that  a  social  services official may enter into a
    54  contract for such redemption, subject to the provisions  of  this  para-
    55  graph,  and  containing  such terms and conditions, including provisions
    56  for periodic payments,  [with  or]  without  interest,  [as  the  social

        S. 6356--D                         49                         A. 8556--D

     1  services  official  shall deem appropriate,] for an amount less than the

     2  full expenses incurred for the support of the person and for repairs and
     3  taxes paid on such property (hereinafter called a "lesser  sum"),  which
     4  lesser  sum  shall  in  no event be less than the difference between the
     5  appraised value of such property and the total of the then unpaid  prin-
     6  cipal  balance  of any recorded mortgages and the unpaid balance of sums
     7  secured by other liens against such property.
     8    (2) In the case of a redemption for a lesser sum, the social  services
     9  official  shall  obtain  (i) an appraisal of the current market value of
    10  such property, by an appraiser acceptable to both parties,  and  (ii)  a
    11  statement  of  the  principal balance of any recorded mortgages or other
    12  liens against such property (excluding the debt  secured  by  the  deed,
    13  mortgage or lien of the social services official). Any expenses incurred

    14  pursuant  to  this  paragraph  shall  be audited and allowed in the same
    15  manner as other official expenses.
    16    (3) Every redemption contract for any lesser sum shall be approved  by
    17  the  department  upon  an  application  by  the social services official
    18  containing the appraisal and statement required by subparagraph  two,  a
    19  statement  by  the  social services official of his reasons for entering
    20  into the contract for such lesser sum and any other information required
    21  by regulations of the department.
    22    (4) So long as the terms  of  the  approved  redemption  contract  are
    23  performed, no public sale of such property shall be held.
    24    (5)  The  redemption  for  a  lesser sum shall reduce the claim of the
    25  social services official against the recipient on the  implied  contract
    26  under  section  one hundred four of this chapter or under any other law,

    27  to the extent of all sums paid in redemption.
    28    (b) In order to allow a minimum period  for  redemption,  the  [public
    29  welfare]  social  services official shall not sell the property or mort-
    30  gage until after the expiration of one year from the  date  he  received
    31  the  deed  or mortgage, but if unoccupied property has not been redeemed
    32  within six months from the date of death of the person who  conveyed  it
    33  to  him by deed the [public welfare] social services official may there-
    34  after, and before the expiration of such year, sell the property.
    35    (c) Except as otherwise provided in this chapter, upon  the  death  of
    36  the  person or his receiving institutional care, if the mortgage has not
    37  been redeemed, sold or assigned, the [public  welfare]  social  services

    38  official  may  enforce  collection  of  the  mortgage debt in the manner
    39  provided for the foreclosure of mortgages by action.
    40    (d) Provided the department shall have given its approval in  writing,
    41  the  [public welfare] social services official may, when in his judgment
    42  it is advisable and in the public interest, release a part of the  prop-
    43  erty  from  the lien of the mortgage to permit, and in consideration of,
    44  the sale of such part by the owner and the application of  the  proceeds
    45  to reduce said mortgage or to satisfy and discharge or reduce a prior or
    46  superior mortgage.
    47    (e)  While real property covered by a deed or mortgage is occupied, in
    48  whole or in part, by an aged, blind or disabled person who executed such
    49  deed or mortgage to the social services official for old age assistance,

    50  assistance to the blind or aid to the disabled granted  to  such  person
    51  before January first, nineteen hundred seventy-four, the social services
    52  official  shall  not sell the property or assign or enforce the mortgage
    53  unless it appears reasonably certain that the sale or other  disposition
    54  of the property will not materially adversely affect the welfare of such
    55  person.  After  the death of such person no claim for assistance granted

        S. 6356--D                         50                         A. 8556--D
 
     1  him shall be enforced against any real property while it is occupied  by
     2  the surviving spouse.
     3    (f)  Except  as  otherwise  provided,  upon  the death of a person who
     4  executed a lien to the social services official in return  for  old  age
     5  assistance, assistance to the blind or aid to the disabled granted prior

     6  to  January first, nineteen hundred seventy-four, or before the death of
     7  such person if it appears reasonably certain  that  the  sale  or  other
     8  disposition  of  the  property  will not materially adversely affect the
     9  welfare of such person, the social services official  may  enforce  such
    10  lien  in the manner provided by article three of the lien law. After the
    11  death of such person the lien may not be enforced against real  property
    12  while it is occupied by the surviving spouse.
    13    [3.]  7.  The  sale of any parcel of real property or mortgage on real
    14  property by the [public welfare] social  services  official,  under  the
    15  provisions  of  this  section,  shall  be made at a public sale, held at
    16  least two weeks after notice thereof shall  have  been  published  in  a

    17  newspaper  having a general circulation in that section of the county in
    18  which the real property is located. Such notice shall specify  the  time
    19  and  place  of such public sale and shall contain a brief description of
    20  the premises to be sold, or upon which the mortgage is a  lien,  as  the
    21  case  may  be.  Unless  in  the  judgment of the [public welfare] social
    22  services official, it shall be in the  public  interest  to  reject  all
    23  bids,  such  parcel or mortgage shall be sold to the highest responsible
    24  bidder.
    25    [4. Any inconsistent provision of this chapter or  of  any  other  law
    26  notwithstanding,  a  social  services  official may not assert any claim
    27  under any provision of  this  chapter  to  recover  payments  of  public

    28  assistance   if   such   payments   were  reimbursed  by  child  support
    29  collections.]
    30    8. It is permissible for social services officials  to  subordinate  a
    31  mortgage  taken  on  behalf  of the social services district pursuant to
    32  this section.  In the event that a social services  official  determines
    33  to  subordinate a mortgage, or lien, he or she shall do so within thirty
    34  days of receipt of written notice that the mortgagor  is  attempting  to
    35  modify  their  mortgage  that  is held by a mortgagee with superior lien
    36  rights and subordination of the social services district's  mortgage  is
    37  required  by  such  mortgagee in order for it to approve or complete the
    38  modification.

    39    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    40  have become a law.
 
    41                                   PART T
 
    42    Section  1. The social services law is amended by adding a new section
    43  372-h to read as follows:
    44    § 372-h. Reporting on post adoption services. 1. The office  of  chil-
    45  dren  and family services shall place information on its website regard-
    46  ing post adoption services funded by the office. The office  shall  work
    47  with  social services districts to place information, to the extent that
    48  it is available, on each social services district website regarding post
    49  adoption services funded by the social services district.
    50    2. The office of  children  and  family  services  shall  collect  and
    51  compile, by social services district:

    52    (a)  the following information on post adoption services funded by the
    53  office:
    54    (i) the number of children and families served; and

        S. 6356--D                         51                         A. 8556--D
 
     1    (ii) the type of services provided; and
     2    (b)  the  number  of families receiving preventive services where post
     3  adoption services was identified as a necessary and appropriate  service
     4  as  part  of the family assessment service plan held pursuant to section
     5  four hundred nine-e of this article and the status of such services.
     6    3. The office of children and family services shall  compile,  to  the
     7  extent  that  such  information  is available electronically through the

     8  state automated child welfare information  system,  the  following  non-
     9  identifying information by social services district:
    10    (a)  the  number  of children entering foster care that had previously
    11  been adopted;
    12    (b) the number of families  receiving  preventive  services  where  at
    13  least one child in the household had previously been adopted; and
    14    (c) for the children and families identified in paragraphs (a) and (b)
    15  of  this  subdivision,  the  types  of services, including post adoption
    16  services, identified as necessary and appropriate for the child  or  the
    17  members  of  the child's family as part of the family assessment service
    18  plan held pursuant to section four hundred nine-e of  this  article  and

    19  the status of such services.
    20    4.  (a)  The  office  of  children and family services shall submit an
    21  annual report to the speaker of the assembly, the temporary president of
    22  the senate and the chairpersons of the senate and assembly children  and
    23  families committees starting no later than September first, two thousand
    24  fifteen.  Such  report  shall  include  data and information required by
    25  subdivision two of this section for the preceding year,  to  the  extent
    26  that such information is available, and any other information the office
    27  of  children  and family services deems appropriate. The office of chil-
    28  dren and family services shall indicate the extent to which the informa-

    29  tion collected reflects the total population  described  in  subdivision
    30  two  of  this  section,  and identify any impediments to collecting such
    31  information.
    32    (b) Beginning September first,  two  thousand  seventeen,  the  annual
    33  report  required  by paragraph (a) of this subdivision shall be expanded
    34  to include data and information required by subdivision  three  of  this
    35  section  for  the preceding year, to the extent that such information is
    36  available, and any other information the office of children  and  family
    37  services deems appropriate.
    38    § 2. This act shall take effect April 1, 2014.
 
    39                                   PART U
 
    40    Section  1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of

    41  paragraph a of subdivision 3 of section 667 of  the  education  law,  as
    42  separately  amended  by  section  1 of part E and section 1 of part H of
    43  chapter 58 of the laws of 2011, is amended to read as follows:
    44    (c) For students first receiving aid in two thousand--two thousand one
    45  and thereafter, five thousand dollars, except starting in  two  thousand
    46  fourteen-two thousand fifteen and thereafter such students shall receive
    47  five thousand one hundred sixty-five dollars; or
    48    §  2. Subitem (a) of item 1 of clause (A) of subparagraph (i) of para-
    49  graph a of subdivision 3 of section 667 of the education law, as amended
    50  by section 1 of part H of chapter 58 of the laws of 2011, is amended  to
    51  read as follows:
    52    (a)  For  students  first receiving aid after nineteen hundred ninety-

    53  three--nineteen hundred ninety-four and before two  thousand--two  thou-

        S. 6356--D                         52                         A. 8556--D
 
     1  sand  one, four thousand [one] two hundred [twenty-five] ninety dollars;
     2  or
     3    §  3. Subitem (b) of item 1 of clause (A) of subparagraph (i) of para-
     4  graph a of subdivision 3 of section 667 of the education law, as amended
     5  by section 1 of part H of chapter 58 of the laws of 2011, is amended  to
     6  read as follows:
     7    (b) For students first receiving aid in nineteen hundred ninety-three-
     8  -nineteen  hundred  ninety-four  or earlier, three thousand [five] seven
     9  hundred [seventy-five] forty dollars; or
    10    § 4. This act shall take effect immediately.
 

    11                                   PART V
 
    12    Section 1. Subdivisions 1 and 3 of section 679-a of the education law,
    13  as added by chapter 161 of the laws of 2005,  are  amended  to  read  as
    14  follows:
    15    1.  Purpose. The president shall grant student loan forgiveness awards
    16  for the purpose of increasing the number of social  workers  serving  in
    17  critical human service areas. For the purposes of this section, the term
    18  "critical  human  service  area"  shall  mean  an area in New York state
    19  designated  by  the  corporation,  in  consultation  with  a   committee
    20  comprised  of  one representative each from the corporation, the depart-
    21  ment, the department of health, the department of  mental  hygiene,  and
    22  the  office  of  children  and family services, provided that such areas
    23  shall include, but not be limited to, areas with a  shortage  of  social

    24  workers  in  home  care,  health, mental health, substance abuse, aging,
    25  HIV/AIDS and child welfare concerns, or communities  with  multi-lingual
    26  needs.
    27    3.  Priority.  Such awards shall be made annually to applicants in the
    28  following priority:
    29    (a) First priority shall be given  to  applicants  who  have  received
    30  payment of an award pursuant to this section in a prior year and who, in
    31  the year prior to application, have provided social work services in (i)
    32  a  critical  human service area [in the year prior to such application],
    33  or (ii) a previously designated critical human service area;
    34    (b) Second priority shall be given to applicants who have not received
    35  payment of an award pursuant to this section in a  prior  year  and  who

    36  have  provided  social work services in a critical human service area in
    37  the year prior to such application; and
    38    (c) Third priority shall be given to applicants who  are  economically
    39  disadvantaged as defined by the corporation.
    40    §  2.  This act shall take effect immediately; provided, however, that
    41  the amendments to subdivisions 1 and 3 of section 679-a of the education
    42  law made by section one of this act shall not affect the repeal of  such
    43  section and shall be deemed repealed therewith.
 
    44                                   PART W
 
    45    Section  1.  Subdivision  11  of section 6305 of the education law, as
    46  amended by section 3 of part V of chapter 57 of the  laws  of  2013,  is
    47  amended to read as follows:
    48    11.  The  state  university of New York and the city university of New

    49  York shall, pursuant to a study and plan, develop a [uniform]  methodol-
    50  ogy  for calculating chargeback rates to ensure equity between the local
    51  sponsor contribution per student and the  chargeback  rate  per  student
    52  charged  to  other  counties, and the implementation of such methodology

        S. 6356--D                         53                         A. 8556--D
 
     1  will be phased in over five years beginning in the two  thousand  [four-
     2  teen--two  thousand  fifteen]  sixteen--two  thousand seventeen academic
     3  year. [The] A report on the plan shall be submitted to the chair of  the
     4  senate  and  assembly  higher  education  committees,  the chairs of the
     5  senate finance committee, the chair  of  the  assembly  ways  and  means

     6  committee  and the director of the budget no later than [December first,
     7  two thousand thirteen] June first, two thousand fifteen.
     8    § 2. This act shall take effect immediately.
 
     9                                   PART X
 
    10    Section 1. Subdivision 4 of section  663  of  the  education  law,  as
    11  amended  by  chapter  62  of  the  laws  of  1977, is amended to read as
    12  follows:
    13    4. Relinquishing of parental control. In determining the amount of  an
    14  award,  the  president  may,  in cases of unusual and exceptional family
    15  circumstances warranting such action, recognize  an  existing  condition
    16  wherein  parental control has in effect been relinquished by the parents
    17  or  others  responsible  for  the  applicant,  and  notwithstanding  the
    18  provisions  of  subdivision  three of this section, the applicant has in

    19  effect been emancipated. Provided, however, that students who have qual-
    20  ified as an orphan, foster child, or ward of the court for the  purposes
    21  of  federal student financial aid programs authorized by Title IV of the
    22  Higher Education Act of 1965, as amended, shall not be considered  eman-
    23  cipated for the purposes of determining an award pursuant to section six
    24  hundred  sixty-seven  of  this article. The criteria used in determining
    25  these cases of unusual and exceptional  family  circumstances  shall  be
    26  established  by the president with the approval of the board of trustees
    27  and the director of the division of the budget.
    28    § 2. The opening paragraph of item 1 of clause (A) of subparagraph (i)
    29  of paragraph a of subdivision 3 of section 667 of the education law,  as

    30  amended  by  section  1  of part H of chapter 58 of the laws of 2011, is
    31  amended to read as follows:
    32    In the case of students who have not  been  granted  an  exclusion  of
    33  parental  income, who have qualified as an orphan, foster child, or ward
    34  of the court for the purposes of federal student financial aid  programs
    35  authorized  by Title IV of the Higher Education Act of 1965, as amended,
    36  or had a dependent for income tax purposes  during  the  tax  year  next
    37  preceding  the  academic  year for which application is made, except for
    38  those students who have been granted exclusion of  parental  income  who
    39  have a spouse but no other dependent:
    40    § 3. This act shall take effect immediately.
 
    41                                   PART Y
 
    42    Section  1. The education law is amended by adding a new section 679-f
    43  to read as follows:

    44    § 679-f. New York  state  young  farmers  loan  forgiveness  incentive
    45  program.  1. Purpose. The president shall grant student loan forgiveness
    46  awards for the purpose of alleviating the burden of  student  loan  debt
    47  for  young farmers. Such awards shall be made on a competitive basis, in
    48  accordance with rules and regulations promulgated by the corporation for
    49  such purposes, to applicants who meet  the  eligibility  criteria.  Such
    50  rules  and regulations shall include provisions for the consideration of
    51  applicants who are economically disadvantaged.

        S. 6356--D                         54                         A. 8556--D
 
     1    2. Eligibility. To be eligible for an award pursuant to this  section,

     2  applicants  shall:  (a)  have  graduated  and  obtained a degree from an
     3  approved New York state college or university; (b) have  an  outstanding
     4  student  loan debt from obtaining such degree; (c) operate a farm in New
     5  York  state on a full-time basis; (d) agree to operate such farm for the
     6  duration of no less than five years; (e) apply for this  program  within
     7  two  years of college graduation; and (f) comply with subdivisions three
     8  and five of section six hundred sixty-one of this part.
     9    3. Awards. No greater than ten awards shall be  granted  to  qualified
    10  applicants  in  the  amount  of up to ten thousand dollars per year, per
    11  applicant, not to exceed a duration of five years and not to exceed  the

    12  total  amount  of  such  applicant's  student loan debt. The corporation
    13  shall grant such awards within amounts appropriated  for  such  purposes
    14  and  based  on the availability of funds. No one applicant shall receive
    15  more than a total of fifty thousand dollars upon the end of a five  year
    16  period.
    17    4.  Priority.  First  priority  shall  be  given to applicants who are
    18  completing the second, third, fourth or fifth  year  of  full-time  farm
    19  operation  and  are  re-applying to receive an award under this program.
    20  Second priority shall be given  to  an  applicant  who  can  demonstrate
    21  economic need but did not receive an award during the first year of this
    22  program's operation. If larger numbers of applicants are eligible pursu-

    23  ant to this subdivision than funds available, applicants shall be chosen
    24  pursuant  to  rules  and  regulations  promulgated  by  the corporation.
    25  Provided, however, that each applicant chosen shall receive an award  of
    26  up  to ten thousand dollars in each year such applicant is accepted into
    27  the program.
    28    § 2. This act shall take effect on the one hundred eightieth day after
    29  it shall have become a law; provided, however that any  rules  or  regu-
    30  lations  necessary  for  the  timely  implementation  of this act on its
    31  effective date may be promulgated on or before such effective date.
 
    32                                   PART Z
 
    33    Section 1. The education law is amended by adding a new section  215-d
    34  to read as follows:
    35    §  215-d.  State university of New York report on economic development

    36  activities. The chancellor of the state university  of  New  York  shall
    37  report  to  the  governor  and  to the legislature, on or before January
    38  first, two thousand fifteen, on economic development  activities  under-
    39  taken  by  the  state university of New York. Such report shall include,
    40  but not be limited to, expenditures of capital funds for economic devel-
    41  opment activities received from  the  empire  state  development  corpo-
    42  ration,  SUNY  2020  challenge grant projects, capital expenditures from
    43  other sources, and activities for the purpose of  securing  START-UP  NY
    44  approval.
    45    § 2. This act shall take effect immediately.
 
    46                                   PART AA
 
    47    Section  1.  This act enacts into law major components of legislation.

    48  Each component is  wholly  contained  within  a  Subpart  identified  as
    49  Subparts  A  through L. The effective date for each particular provision
    50  contained within such Subpart is set forth in the last section  of  such
    51  Subpart.  Any  provision  in  any  section  contained  within a Subpart,
    52  including the effective date of the Subpart, which makes references to a

        S. 6356--D                         55                         A. 8556--D
 
     1  section "of this act", when used  in  connection  with  that  particular
     2  component,  shall  be  deemed  to  mean  and  refer to the corresponding
     3  section of the Subpart in which it is found. Section four  of  this  act
     4  sets forth the general effective date of this act.
     5    §  2.  This  act  shall  be known and may be cited as the "common core
     6  implementation reform act."
 

     7                                  SUBPART A
 
     8    Section 1. Subdivision 15 of section 3602-e of the education  law,  as
     9  amended  by  section  19 of part B of chapter 57 of the laws of 2007, is
    10  amended to read as follows:
    11    15. The commissioner shall also provide for a  system  for  evaluation
    12  and  assessment  of  the prekindergarten programs which have been imple-
    13  mented to determine  the  short  and  long-term  success,  outcomes  and
    14  effects  of  the  programs  based on relevant and measurable performance
    15  standards.  The commissioner shall prohibit the administration of tradi-
    16  tional standardized tests, as  defined  in  regulations  issued  by  the
    17  commissioner, in prekindergarten programs; provided, however, that noth-
    18  ing  herein  shall  prohibit assessments in which students perform real-

    19  world tasks that demonstrate application  of  knowledge  and  skills  or
    20  assessments  that  are  otherwise required to be administered by federal
    21  law.
    22    § 2. Section 305 of the education law  is  amended  by  adding  a  new
    23  subdivision 44 to read as follows:
    24    44.  The commissioner shall prohibit the administration of traditional
    25  standardized tests, as defined in regulations issued by the  commission-
    26  er,  in  pre-kindergarten  programs  and  in grades kindergarten through
    27  second grade; provided, however,  that  nothing  herein  shall  prohibit
    28  assessments  in which students perform real-world tasks that demonstrate
    29  application of knowledge and skills or assessments  that  are  otherwise
    30  required to be administered by federal law.

    31    § 3. This act shall take effect immediately; provided that the commis-
    32  sioner  of  education  is authorized to promulgate any and all rules and
    33  regulations and take any other measures necessary to implement this  act
    34  on  its effective date; and provided further that the provisions of this
    35  act shall not apply to any annual professional performance review agree-
    36  ment entered into pursuant to a collective bargaining  agreement  or  by
    37  decision of the commissioner of education prior to the effective date of
    38  this act, which shall remain in effect in accordance with paragraph l of
    39  subdivision  2 of section 3012-c of the education law until a subsequent
    40  plan or amendment is agreed to  by  the  parties  and  approved  by  the
    41  commissioner  of  education  in  accordance  with  section 3012-c of the
    42  education law.
 
    43                                  SUBPART B
 

    44    Section 1. Section 305 of the education law is amended by  adding  two
    45  new subdivisions 45 and 46 to read as follows:
    46    45. The commissioner shall provide that no school district or board of
    47  cooperative  educational  services  may  place or include on a student's
    48  official transcript or maintain in  a  student's  permanent  record  any
    49  individual  student  score  on a state administered standardized English
    50  language arts or mathematics assessment for grades three through  eight,
    51  provided  that  nothing  herein  shall  be  construed  to interfere with
    52  required state or federal reporting or to excuse a school district  from

        S. 6356--D                         56                         A. 8556--D
 

     1  maintaining  or transferring records of such test scores separately from
     2  a student's permanent record, including for purposes of  required  state
     3  or federal reporting.
     4    46.  The  commissioner  shall provide that any test results on a state
     5  administered standardized English language arts or  mathematics  assess-
     6  ment  for  grades  three  through  eight  sent  to parents or persons in
     7  parental relation to a student include a clear  and  conspicuous  notice
     8  that  such  results will not be included on the student's official tran-
     9  script or in the student's permanent record and are  being  provided  to
    10  the student and parents for diagnostic purposes.
    11    §  2.  This  act shall take effect immediately and shall expire and be

    12  deemed repealed on December 31, 2018.
 
    13                                  SUBPART C
 
    14    Section 1. Section 305 of the education law is amended by adding a new
    15  subdivision 47 to read as follows:
    16    47. The commissioner shall provide that no school district shall  make
    17  any  student  promotion or placement decisions based solely or primarily
    18  on student performance on the state  administered  standardized  English
    19  language  arts  and  mathematics  assessments  for  grades three through
    20  eight. However, a school district may consider  student  performance  on
    21  such  state  assessments provided that the school district uses multiple
    22  measures in addition to such assessments and that  such  assessments  do
    23  not  constitute  the  major factor in such determinations.  In addition,

    24  the commissioner shall require every school district to annually  notify
    25  the  parents  and persons in parental relation to the students attending
    26  such district of the district's grade  promotion  and  placement  policy
    27  along with an explanation of how such policy was developed. Such notifi-
    28  cation  may be provided on the school district's website, if one exists,
    29  or as part of an existing informational document  that  is  provided  to
    30  parents and persons in parental relation.
    31    § 2. This act shall take effect immediately.
 
    32                                  SUBPART D
 
    33    Section 1. Section 305 of the education law is amended by adding a new
    34  subdivision 48 to read as follows:
    35    48. The commissioner shall issue regulations:

    36    a.  allowing  students  with disabilities who are not eligible for the
    37  New York state alternate assessment and whose cognitive and intellectual
    38  disabilities preclude their meaningful  participation  in  chronological
    39  grade  level  instruction  to  be  assessed based on instructional level
    40  rather than chronological age;
    41    b. allowing English language learners to be assessed with a  state-ad-
    42  ministered  assessment that measures the English language development of
    43  such students rather than the English language arts exam for their first
    44  two years of enrollment; and
    45    c. ensuring accountability for the performance  of  such  students  in
    46  appropriate ways.
    47    §  2.  This  act shall take effect upon and to the extent allowed by a

    48  federal waiver issued by the  United  States  Department  of  Education;
    49  provided that the commissioner of education shall notify the legislative
    50  bill  drafting  commission  upon  the occurrence of the issuance of such
    51  waiver in order that the commission may maintain an accurate and  timely
    52  effective data base of the official text of the laws of the state of New

        S. 6356--D                         57                         A. 8556--D
 
     1  York  in furtherance of effectuating the provisions of section 44 of the
     2  legislative law and section 70-b of the public officers law.
 
     3                                  SUBPART E
 
     4    Section 1. Section 305 of the education law is amended by adding a new
     5  subdivision 49 to read as follows:
     6    49.  The  commissioner shall promulgate such standards and regulations

     7  as may be necessary to ensure:
     8    a. that the amount of  time  devoted  to  state-administered  required
     9  assessments  developed  by  the  state  directly or by contract for each
    10  grade does not exceed, in the aggregate,  one  percent  of  the  minimum
    11  required annual instructional hours for such grade.
    12    b.  that,  for  each  school  district,  the amount of time devoted to
    13  standardized assessments that are not specifically required by state  or
    14  federal  law  for  each  grade  does  not  exceed, in the aggregate, one
    15  percent of the minimum required  annual  instructional  hours  for  such
    16  grade.
    17    c.  that, for each school district, the amount of time devoted to test

    18  preparation under standardized testing conditions for  each  grade  does
    19  not exceed, in the aggregate, two percent of the minimum required annual
    20  instructional hours for such grade.
    21    Time devoted to teacher administered classroom quizzes or exams, port-
    22  folio  reviews,  or performance assessments shall not be counted towards
    23  the limits established by this subdivision. In addition, nothing in this
    24  subdivision shall be  construed  to  supersede  the  requirements  of  a
    25  section  of  the  504  plan  of a qualified student with a disability or
    26  federal law relating to English Language Learners or the  individualized
    27  education program of a student with disabilities.
    28    §  2.  This  act  shall  take  effect  July 1, 2014, provided that the

    29  provisions of this act  shall  not  apply  to  any  annual  professional
    30  performance  review  agreement  entered  into  pursuant  to a collective
    31  bargaining agreement or by decision of  the  commissioner  of  education
    32  prior to the effective date of this act, which shall remain in effect in
    33  accordance  with  paragraph  l of subdivision 2 of section 3012-c of the
    34  education law until a subsequent plan or amendment is agreed to  by  the
    35  parties and approved by the commissioner of education in accordance with
    36  section 3012-c of the education law.
 
    37                                  SUBPART F
 
    38    Section  1.  The  commissioner of education shall provide guidance and
    39  advice to every school district and  board  of  cooperative  educational
    40  services  in  order to assist school districts and boards of cooperative
    41  educational services to reduce and  eliminate  traditional  standardized

    42  tests that are not required under state or federal law. The commissioner
    43  of  education  shall prepare, for each school district, a testing trans-
    44  parency report listing  all  standardized  assessments  administered  to
    45  students  within  such  school  district  for  which  the department has
    46  record. The testing transparency report  shall  list  each  standardized
    47  test  that is administered, by grade and subject, and shall note whether
    48  such assessment is required by federal law, required by  state  law,  or
    49  given  at  local discretion. The testing transparency report provided to
    50  each school district shall include a user-friendly plain language summa-
    51  ry designed for distribution to parents and the community, both of which
    52  shall be supplemented by each school district to include  any  standard-


        S. 6356--D                         58                         A. 8556--D
 
     1  ized tests not specified by the department of education. The commission-
     2  er  of  education  shall provide the testing transparency report to each
     3  school district by July 1, 2014. Each  school  district  shall  promptly
     4  supplement  and  post  the  testing  transparency  report  on the school
     5  district website, if one exists, and shall ensure public  discussion  of
     6  the  results  of  the  testing  transparency  report, in a manner as the
     7  district sees fit, including the  extent  to  which  those  standardized
     8  tests  not mandated by federal or state law are beneficial to the educa-
     9  tional process or may be eliminated in order to reduce over-testing.
    10    § 2. This act shall take effect immediately.
 
    11                                  SUBPART G
 

    12    Section 1. Subdivision 2 of section 3012-c of  the  education  law  is
    13  amended by adding two new paragraphs k-1 and k-2 to read as follows:
    14    k-1. If material changes are submitted pursuant to paragraph k of this
    15  subdivision  for an approved plan that solely relates to the elimination
    16  of student assessments that are not required by state  or  federal  law,
    17  the  commissioner  shall  expedite  his  or  her review of such material
    18  changes and solely review those sections of the plan that relate to  the
    19  eliminated  student  assessments  to ensure compliance with this section
    20  and the regulations of the commissioner,  provided  that  the  governing
    21  body  of  such  school  district  or  board  of  cooperative educational

    22  services provide a written explanation of the material changes submitted
    23  for approval, on a form prescribed by the commissioner, and certify that
    24  no other material changes have been made to any other  sections  of  the
    25  currently  approved  plan,  and  provided  further that the commissioner
    26  shall complete such review of material changes properly  and  completely
    27  submitted under this paragraph within ten business days of submission.
    28    k-2. The commissioner shall take actions to reduce time spent on field
    29  tests  for  students  taking the state administered standardized English
    30  language arts and mathematics assessments for grades three through eight
    31  to the extent federal funds are allowable for  such  purpose  under  the

    32  state  stabilization  fund of the American Recovery and Reinvestment Act
    33  of 2009 or are otherwise available.
    34    § 2. This act shall take effect immediately.
 
    35                                  SUBPART H
 
    36    Section 1. For state standardized English language arts and  mathemat-
    37  ics  assessments  for  grades  three  through  eight administered in the
    38  2013-14 school year and thereafter, the commissioner of education  shall
    39  take  actions  to  provide  and  make  available to parents, the public,
    40  classroom teachers and school districts significantly more sample  ques-
    41  tions  for  such tests than were provided in the 2012-13 school year, to
    42  the extent federal funds are allowable for such purpose under the  state
    43  stabilization fund of the American Recovery and Reinvestment Act of 2009
    44  or  are  otherwise  available.  In addition, the commissioner shall take

    45  actions to ensure that classroom teachers promptly  receive  information
    46  on  the  assessment  results of their students in a form and manner that
    47  encourages instructional feedback and improvements.
    48    § 2. This act shall take effect immediately.
 
    49                                  SUBPART I

        S. 6356--D                         59                         A. 8556--D
 
     1    Section 1. Section 305 of the education law is amended by adding a new
     2  subdivision 50 to read as follows:
     3    50.  The  commissioner  shall provide instructional tools and outreach
     4  materials for parents and families to assist  parents  and  families  in
     5  understanding  the purposes, elements and instructional changes relating
     6  to implementation of common core learning standards as well  as  how  to

     7  best support their child's educational progress and outcomes. Such tools
     8  and outreach shall include, but not be limited to, online resources with
     9  linguistically and culturally appropriate materials, community outreach,
    10  and the dissemination of materials through schools, non-profit organiza-
    11  tions, libraries, and other partners.
    12    § 2. This act shall take effect immediately.
 
    13                                  SUBPART J
 
    14    Section 1. Section 305 of the education law is amended by adding a new
    15  subdivision 51 to read as follows:
    16    51.  The  commissioner  shall, in order to assist school districts and
    17  boards of cooperative educational services  in  developing  common  core
    18  training  programs  for  teachers  and  principals, develop professional

    19  development tools, resources and materials that school districts, boards
    20  of  cooperative  educational  services,  teachers  and  principals   may
    21  utilize.  The  commissioner may collaborate with the state university of
    22  New York, the city university of New York, and independent colleges  and
    23  universities  to offer effective, data-informed professional development
    24  and coaching to meet the needs of implementing the common core  learning
    25  standards.  Such  professional  development  and  coaching shall include
    26  necessary materials, age  appropriate  instruction  and  resources  that
    27  provide  best  practices  for the effective implementation of the common
    28  core learning standards.   Such  support  shall  be  available  for  the

    29  purpose  of  providing professional development for teachers and princi-
    30  pals,  as  well  as  preparation  programs  for   participating   school
    31  districts,  boards  of cooperative educational services, charter schools
    32  and communities at large, and may include recommendations for how teach-
    33  ers and principals can collaborate  on  strategies,  including  but  not
    34  limited  to  study  groups and coaching, to improve classroom practices.
    35  The  commissioner  shall  also  identify  regional  examples  of  school
    36  districts  that  have  successfully implemented the common core learning
    37  standards, where such examples exist, and shall invite such districts to
    38  serve on a voluntary basis as models that principals, teachers and other

    39  school professionals within the region may visit and observe.  In  addi-
    40  tion,  the  commissioner  shall  include  opportunities for teachers and
    41  other content-area experts to provide feedback and  recommendations  for
    42  the  continuous  improvement  and  development  of voluntary common core
    43  curriculum modules offered by the department.
    44    § 2. This act shall take effect immediately.
 
    45                                  SUBPART K
 
    46    Section 1. The education law is amended by adding a new section 2-c to
    47  read as follows:
    48    § 2-c. Release of student information to certain entities. 1.    Defi-
    49  nitions.  As  used  in  this  section the following terms shall have the
    50  following meanings:
    51    a. "Student information" shall mean personally  identifiable  informa-

    52  tion  and biometric records as such terms are defined in section 99.3 of

        S. 6356--D                         60                         A. 8556--D
 
     1  title 34 of the code of  federal  regulations  implementing  the  Family
     2  Education  Rights  and  Privacy Act, as such federal law and regulations
     3  are from time to time amended, or any other individual  student  records
     4  and  shall  also  include  de-identifiable  information  which  means  a
     5  collection of data or information that has been altered with the goal of
     6  making the student or students associated with such data or  information
     7  permanently unknowable.
     8    b.  "Personally  identifiable information" shall mean personally iden-

     9  tifiable information as defined in section 99.3 of title 34 of the  code
    10  of  federal  regulations  implementing  the  Family Education Rights and
    11  Privacy Act, section 1232-g of title 20 of the United  States  code,  as
    12  such federal law and regulations are from time to time amended.
    13    c.  "Shared learning infrastructure service provider" or "SLISP" shall
    14  mean any entity that collects, stores, organizes, or aggregates  student
    15  information  and  contracts  with  or  enters into an agreement with the
    16  department for the purposes of providing student information to  a  data
    17  dashboard  operator for use in a data dashboard.  Provided that the term
    18  SLISP shall not include boards of cooperative  educational  services  or

    19  regional  information  centers  operated by boards of cooperative educa-
    20  tional services or other public entities.
    21    d. "Data dashboard" shall mean an electronic  data  system  or  hosted
    22  software  application  or  applications that is designed to utilize data
    23  and information collected, stored, organized or aggregated  by  a  SLISP
    24  and  that  is designed to provide, through a contract between a New York
    25  school district and a data dashboard operator, end users such as  educa-
    26  tors,  students  and  their  families  with access to customized student
    27  information with the goal of supporting instruction and  student  learn-
    28  ing.
    29    e.  "Data  dashboard  operator"  shall mean any third party contractor

    30  owning or operating a data dashboard that contracts or otherwise  enters
    31  into an agreement to utilize data and information from a SLISP.
    32    f.  "Educational  agency" shall mean any public school district, board
    33  of cooperative educational services, special act school district, public
    34  school kindergarten program, universal pre-kindergarten programs author-
    35  ized pursuant to section  thirty-six  hundred  two-e  of  this  chapter,
    36  publicly  funded  pre-kindergarten  programs, approved preschool special
    37  education programs pursuant to section forty-four hundred  ten  of  this
    38  chapter,  approved  private  school  for  the education of students with
    39  disabilities and a state supported or state operated school  subject  to

    40  the  provisions  of article eighty-five, eighty-seven or eighty-eight of
    41  this chapter.
    42    g. "Student" shall mean any person  attending  an  educational  agency
    43  identified in paragraph f of this subdivision.
    44    2. An educational agency may opt out of providing personally identifi-
    45  able  information  to a SLISP or data dashboard operator for the purpose
    46  of creating data dashboards. An  educational  agency  may  at  any  time
    47  request  that  any  personally  identifiable information associated with
    48  such agency not be shared or provided to a SLISP or data dashboard oper-
    49  ator. Such request shall be made to the department and upon  receipt  of
    50  such request, the department shall take all actions necessary to prevent

    51  and  prohibit  the sharing or providing of such information to any SLISP
    52  or data dashboard operator and that upon receipt of  such  request,  the
    53  department  shall take actions to immediately ensure that any personally
    54  identifiable information provided to any SLISP or data dashboard  opera-
    55  tor  is  deleted  from  such SLISP or operator and destroyed in a secure
    56  manner.

        S. 6356--D                         61                         A. 8556--D
 
     1    3. The commissioner and the  department  are  hereby  prohibited  from
     2  providing  any  student  information to a SLISP and the commissioner and
     3  department shall take actions to immediately  ensure  that  any  student

     4  information  provided  to any SLISP shall be deleted from such SLISP and
     5  destroyed in a secure manner.
     6    §  2.  In  order  to develop educational data system tools, consistent
     7  with an approved federal grant award, the state education department may
     8  contract with a board of cooperative educational  services  pursuant  to
     9  paragraph  b  of  subdivision 10 of section 163 of the state finance law
    10  for the provision of these educational  data  system  services  provided
    11  that  nothing  in this section shall limit the ability of an educational
    12  agency to opt out as provided for in subdivision 2 of section 2-c of the
    13  education law.
    14    § 3. This act shall take effect immediately.
 
    15                                  SUBPART L
 
    16    Section 1. The education law is amended by adding a new section 2-d to
    17  read as follows:

    18    § 2-d. Unauthorized release of  personally  identifiable  information.
    19  1.  Definitions.  As used in this section the following terms shall have
    20  the following meanings:
    21    a. "Building principal" means a building principal subject  to  annual
    22  performance  evaluation  review  under  the  provisions of section three
    23  thousand twelve-c of this chapter.
    24    b. "Classroom teacher" means a teacher subject to  annual  performance
    25  evaluation  review  under  the  provisions  of  section  three  thousand
    26  twelve-c of this chapter.
    27    c. "Educational agency" means a school district, board of  cooperative
    28  educational services, school, or the education department.
    29    d.  "Personally identifiable information," as applied to student data,

    30  means personally identifiable information as defined in section 99.3  of
    31  title  thirty-four  of  the code of federal regulations implementing the
    32  family educational rights and privacy act, section twelve hundred  thir-
    33  ty-two-g  of  title twenty of the United States code, and, as applied to
    34  teacher or principal data, means "personally identifying information" as
    35  such term is used in subdivision ten of section three thousand  twelve-c
    36  of this chapter.
    37    e. "School" means any public elementary or secondary school, universal
    38  pre-kindergarten  program  authorized  pursuant  to  section  thirty-six
    39  hundred two-e of this chapter, an approved provider of preschool special
    40  education, any other publicly funded pre-kindergarten program, a  school

    41  serving  children in a special act school district as defined in section
    42  four thousand one of this chapter, an approved private  school  for  the
    43  education  of  students  with  disabilities,  a  state-supported  school
    44  subject to the provisions of article eighty-five of this chapter,  or  a
    45  state-operated  school subject to the provisions of article eighty-seven
    46  or eight-eight of this chapter.
    47    f. "Student" means any person attending or seeking  to  enroll  in  an
    48  educational agency.
    49    g. "Eligible student" means a student eighteen years or older.
    50    h.  "Parent"  means  a  parent,  legal guardian, or person in parental
    51  relation to a student.
    52    i. "Student  data"  means  personally  identifiable  information  from

    53  student records of an educational agency.

        S. 6356--D                         62                         A. 8556--D
 
     1    j.  "Teacher or principal data" means personally identifiable informa-
     2  tion from the records of an educational agency relating  to  the  annual
     3  professional  performance  reviews  of  classroom teachers or principals
     4  that is confidential and not subject to release under the provisions  of
     5  section three thousand twelve-c of this chapter.
     6    k.  "Third  party  contractor"  shall mean any person or entity, other
     7  than an educational agency, that receives student  data  or  teacher  or
     8  principal  data  from  an  educational  agency pursuant to a contract or

     9  other written agreement for  purposes  of  providing  services  to  such
    10  educational  agency,  including  but  not  limited to data management or
    11  storage services, conducting studies for or on  behalf  of  such  educa-
    12  tional  agency, or audit or evaluation of publicly funded programs. Such
    13  term shall include an educational partnership organization that receives
    14  student and/or teacher or principal data from a school district to carry
    15  out its responsibilities pursuant to section  two  hundred  eleven-e  of
    16  this title and is not an educational agency as defined in paragraph c of
    17  this  subdivision,  and a not-for-profit corporation or other non-profit
    18  organization, other than an educational agency.

    19    2. Chief privacy officer. a. The commissioner shall  appoint  a  chief
    20  privacy  officer  within the department for a term of three years, which
    21  may be renewed for three-year terms thereafter. The chief privacy  offi-
    22  cer  shall  be  qualified by training or experience in state and federal
    23  education privacy laws and  regulations,  civil  liberties,  information
    24  technology,  and  information  security. The chief privacy officer shall
    25  report to the commissioner on matters affecting privacy and the security
    26  of student, teacher, and principal data.
    27    b. The functions of the chief privacy officer shall include,  but  not
    28  be limited to:
    29    (1)  promoting  the  implementation of sound information practices for

    30  privacy and security of student data or teacher or principal data;
    31    (2) assisting the commissioner in handling instances of data  breaches
    32  as well as assisting the commissioner in due process proceedings regard-
    33  ing any alleged breaches of student data or teacher or principal data;
    34    (3)  providing  assistance to educational agencies within the state on
    35  minimum standards and best practices associated  with  privacy  and  the
    36  security of student data or teacher or principal data;
    37    (4)  formulating  a  procedure  within the department whereby parents,
    38  students, teachers, superintendents, school board  members,  principals,
    39  and  other  persons  or entities the chief privacy officer determines is

    40  appropriate, may request  information  pertaining  to  student  data  or
    41  teacher or principal data in a timely and efficient manner;
    42    (5)  assisting  the  commissioner  in  establishing a protocol for the
    43  submission of complaints of possible breaches of student data or teacher
    44  or principal data;
    45    (6) making recommendations as needed regarding privacy and the securi-
    46  ty of student data on behalf of the  department  to  the  governor,  the
    47  speaker  of the assembly, the temporary president of the senate, and the
    48  chairs of the senate and assembly education committees; and
    49    (7) issuing an annual report on data privacy and  security  activities
    50  and  progress,  the number and disposition of reported breaches, if any,

    51  and a summary of any complaint submitted pursuant to  subparagraph  five
    52  of this paragraph.
    53    c. The chief privacy officer shall have the power to:
    54    (1)  access  all records, reports, audits, reviews, documents, papers,
    55  recommendations, and other materials maintained by an educational agency
    56  that relate to student data or teacher or principal data;

        S. 6356--D                         63                         A. 8556--D
 
     1    (2) to review and  comment  upon  any  department  program,  proposal,
     2  grant,  or  contract  that  involves  the  processing of student data or
     3  teacher or principal data before the commissioner begins or  awards  the
     4  program, proposal, grant, or contract; and

     5    (3) any other powers that the commissioner shall deem appropriate.
     6    d.  The  chief  privacy officer may hold more than one position within
     7  the department; provided,  however,  that  no  additional  position  may
     8  interfere  with the duties of the chief privacy officer outlined in this
     9  paragraph.
    10    3. Parents bill of rights for data privacy and security. a. A  parents
    11  bill  of  rights for data privacy and security shall be published on the
    12  website of each educational agency and  shall  be  included  with  every
    13  contract an educational agency enters into with a third party contractor
    14  where  the  third  party  contractor receives student data or teacher or
    15  principal data.

    16    b. The parents bill of rights for  data  privacy  and  security  shall
    17  state in clear and plain English terms that:
    18    (1)  A student's personally identifiable information cannot be sold or
    19  released for any commercial purposes;
    20    (2) Parents have the right to inspect and review the complete contents
    21  of their child's education record;
    22    (3) State and federal laws protect the confidentiality  of  personally
    23  identifiable information, and safeguards associated with industry stand-
    24  ards and best practices, including but not limited to, encryption, fire-
    25  walls,  and password protection, must be in place when data is stored or
    26  transferred;
    27    (4) A complete list of all student  data  elements  collected  by  the

    28  State is available for public review at (insert website address here) or
    29  by writing to (insert mailing address here); and
    30    (5)  Parents have the right to have complaints about possible breaches
    31  of student data addressed. Complaints  should  be  directed  to  (insert
    32  phone number, email and mailing address here).
    33    c.  The  parents  bill  of  rights for data privacy and security shall
    34  include supplemental information for each contract an educational agency
    35  enters into with a third party contractor where the third party contrac-
    36  tor receives student data or teacher or  principal  data.  Such  supple-
    37  mental  information  shall  be  developed  by the educational agency and
    38  shall include:

    39    (1) the exclusive purposes for which the student data  or  teacher  or
    40  principal data will be used;
    41    (2)  how  the  third party contractor will ensure that the subcontrac-
    42  tors, persons or entities that the third party contractor will share the
    43  student data or teacher or principal data with, if any,  will  abide  by
    44  data protection and security requirements;
    45    (3) when the agreement expires and what happens to the student data or
    46  teacher or principal data upon expiration of the agreement;
    47    (4) if and how a parent, student, eligible student, teacher or princi-
    48  pal may challenge the accuracy of the student data or teacher or princi-
    49  pal data that is collected; and

    50    (5) where the student data or teacher or principal data will be stored
    51  (described  in such a manner as to protect data security), and the secu-
    52  rity protections taken to ensure such data will be protected,  including
    53  whether such data will be encrypted.
    54    d. The chief privacy officer, with input from parents and other educa-
    55  tion  and  expert stakeholders, shall develop additional elements of the
    56  parents bill of rights for data privacy and security.  The  commissioner

        S. 6356--D                         64                         A. 8556--D
 
     1  shall  promulgate  regulations  for a comment period whereby parents and
     2  other members of the public may submit comments and suggestions  to  the

     3  chief  privacy officer to be considered for inclusion.  The parents bill
     4  of  rights  for  data privacy and security shall be completed within one
     5  hundred twenty days after the effective date of this section.
     6    4. Data collection transparency and restrictions.  a.  The  department
     7  shall  promote  the least intrusive data collection policies practicable
     8  that advance the goals of  improving  academic  achievement,  empowering
     9  parents  with  information  and advancing efficient and effective school
    10  operations  while  minimizing  the  collection   and   transmission   of
    11  personally identifiable information.
    12    b.  The chief privacy officer shall develop, regularly update and make
    13  publicly available on the department's website and  through  such  addi-

    14  tional  methods  as may facilitate accessibility an inventory and under-
    15  standable  description  of  the  student,  teacher  and  principal  data
    16  elements  collected  with  an  explanation  and/or  legal  or regulatory
    17  authority outlining the reasons such data elements are collected and the
    18  intended uses and disclosure of the data.
    19    c. Except as otherwise specifically authorized by law, the  department
    20  shall  only  collect  personally identifiable information relating to an
    21  educational purpose.
    22    d. The department may only  require  districts  to  submit  personally
    23  identifiable  information,  including  data  on  disability  status  and
    24  student suspensions, where such release is required by law or  otherwise

    25  authorized  under  the  family  educational  rights  and privacy act, 20
    26  U.S.C. section 1232g, and the personal privacy protection law.
    27    e. Except as required by law or in the case of educational  enrollment
    28  data,  school districts shall not report to the department the following
    29  student data elements:
    30    (1) juvenile delinquency records;
    31    (2) criminal records;
    32    (3) medical and health records; and
    33    (4) student biometric information.
    34    f. Personally identifiable information maintained by educational agen-
    35  cies, including data  provided  to  third-party  contractors  and  their
    36  assignees, shall not be sold or used for marketing purposes.

    37    g.  Parents  shall  have the right to inspect and review their child's
    38  educational record including any student data stored or maintained by an
    39  educational agency. The department shall  develop  policies  for  school
    40  districts that:
    41    (1)  provide  for  annual  notification  to  parents of their right to
    42  request student data;
    43    (2) ensure security when providing student data to parents,  including
    44  that only authorized individuals receive such data; and
    45    (3)  specify  a  reasonable  amount  of time in which school districts
    46  should respond to such requests.
    47    5. Data security  and  privacy  standards.  a.  The  commissioner,  in
    48  consultation  with  the  chief  privacy  officer, shall promulgate regu-

    49  lations establishing standards for educational agency data security  and
    50  privacy policies and shall develop one or more model policies for use by
    51  educational  agencies. The commissioner shall seek the input of experts,
    52  including those from security, cyber-security and fields in addition  to
    53  education  that have experience with personal data protection, in devel-
    54  oping such standards and policies.
    55    b. The standards for data security and privacy policies shall include,
    56  but not be limited to:

        S. 6356--D                         65                         A. 8556--D
 
     1    (1) data  privacy  protections,  including  criteria  for  determining
     2  whether  a  proposed  use  of  personally identifiable information would

     3  benefit students and educational agencies, and processes to ensure  that
     4  personally identifiable information is not included in public reports or
     5  other public documents;
     6    (2) data security protections, including data systems monitoring, data
     7  encryption, incident response plans, limitations on access to personally
     8  identifiable  information,  safeguards to ensure personally identifiable
     9  information is not accessed by  unauthorized  persons  when  transmitted
    10  over  communication networks, and destruction of personally identifiable
    11  information when no longer needed; and
    12    (3) application of all such restrictions, requirements and  safeguards
    13  to third-party contractors.

    14    c.  Following promulgation of regulations by the commissioner pursuant
    15  to paragraph a of this subdivision each educational agency shall  ensure
    16  that  it  has  a  policy  on  data security and privacy in place that is
    17  consistent with applicable state and federal laws and applied to student
    18  data and, where applicable, to teacher or principal  data.  Such  policy
    19  shall  be  published  on the educational agency's website, if it exists,
    20  and notice of such policy shall be provided to all officers and  employ-
    21  ees of the educational agency.
    22    d.  As  applied  to  student  data,  such  policy  shall  provide  all
    23  protections afforded to parents and persons in  parental  relationships,

    24  or  students  where  applicable,  required  under the family educational
    25  rights and privacy act, 20 U.S.C. section 1232g,  where  applicable  the
    26  individuals  with disabilities education act, sections fourteen hundred,
    27  et seq. of title twenty of the United States code, and the federal regu-
    28  lations implementing such statutes. Each educational agency shall ensure
    29  that it has in place  provisions  in  its  contracts  with  third  party
    30  contractors  or  in separate data sharing and confidentiality agreements
    31  that require that confidentiality of the shared student data or  teacher
    32  or principal data be maintained in accordance with federal and state law
    33  and the educational agency's policy on data security and privacy.

    34    e.  Each educational agency that enters into a contract or other writ-
    35  ten agreement with a third party contractor under which the third  party
    36  contractor  will receive student data or teacher or principal data shall
    37  ensure that such contract or agreement  includes  a  data  security  and
    38  privacy  plan that outlines how all state, federal, and local data secu-
    39  rity and privacy contract requirements will be implemented over the life
    40  of the contract, consistent with the educational agency's policy on data
    41  security and privacy. Such plan shall include, but shall not be  limited
    42  to,  a  signed  copy  of the parents bill of rights for data privacy and
    43  security, and a requirement that any officers or employees of the  third

    44  party  contractor  and  its assignees who have access to student data or
    45  teacher or principal data have received or will receive training on  the
    46  federal  and  state  law governing confidentiality of such data prior to
    47  receiving access.
    48    f. Each third party contractor that enters into a  contract  or  other
    49  written agreement with an educational agency under which the third party
    50  contractor will receive student data or teacher or principal data shall:
    51    (1)  limit  internal  access to education records to those individuals
    52  that are determined to have legitimate educational interests;
    53    (2) not use the education records for any other  purposes  than  those
    54  explicitly authorized in its contract;


        S. 6356--D                         66                         A. 8556--D
 
     1    (3)  except for authorized representatives of the third party contrac-
     2  tor to the extent they are carrying out the contract, not  disclose  any
     3  personally identifiable information to any other party:
     4    (i)  without  the  prior  written  consent  of  the parent or eligible
     5  student; or
     6    (ii) unless required by statute or court order and the party  provides
     7  a  notice  of the disclosure to the department, district board of educa-
     8  tion, or institution that provided the information  no  later  than  the
     9  time  the  information  is  disclosed,  unless  providing  notice of the
    10  disclosure is expressly prohibited by the statute or court order;

    11    (4) maintain reasonable administrative, technical and  physical  safe-
    12  guards  to  protect  the  security,  confidentiality  and  integrity  of
    13  personally identifiable student information in its custody;
    14    (5) uses encryption technology to protect data while in motion  or  in
    15  its custody from unauthorized disclosure using a technology or methodol-
    16  ogy specified by the secretary of the United States department of health
    17  and  human  services  in  guidance  issued  under Section 13402(H)(2) of
    18  Public Law 111-5.
    19    6. Breach and unauthorized release of personally identifiable informa-
    20  tion. a. Each third party  contractor  that  receives  student  data  or
    21  teacher or principal data pursuant to a contract or other written agree-

    22  ment  with an educational agency shall be required to notify such educa-
    23  tional agency of any breach of security  resulting  in  an  unauthorized
    24  release  of  such data by the third party contractor or its assignees in
    25  violation of applicable state or federal law, the parents bill of rights
    26  for student data privacy and security, the  data  privacy  and  security
    27  policies  of  the  educational  agency  and/or binding contractual obli-
    28  gations relating to data privacy and security, in the most expedient way
    29  possible and without unreasonable delay. The educational  agency  shall,
    30  upon  notification  by the third party contractor, be required to report
    31  to the chief privacy officer any such breach of security  and  unauthor-

    32  ized  release of such data. The chief privacy officer shall, upon belief
    33  that such breach and unauthorized release constitutes criminal  conduct,
    34  report  such  breach  and unauthorized release to law enforcement in the
    35  most expedient way possible and without unreasonable delay.
    36    b. In the case of an unauthorized release of student data, the  educa-
    37  tional  agency  shall notify the parent or eligible student of the unau-
    38  thorized release of student data that includes  personally  identifiable
    39  information from the student records of such student in the most expedi-
    40  ent way possible and without unreasonable delay. In the case of an unau-
    41  thorized  release  of  teacher or principal data, the educational agency

    42  shall notify each affected teacher  or  principal  of  the  unauthorized
    43  release  of  data that includes personally identifiable information from
    44  the teacher or principal's annual professional performance review in the
    45  most expedient way possible and without unreasonable delay.
    46    c. In the case of notification to a parent, eligible student,  teacher
    47  or  principal under paragraph b of this subdivision due to the unauthor-
    48  ized release of student data by a third-party contractor or  its  assig-
    49  nee, the third-party contractor shall promptly reimburse the educational
    50  agency for the full cost of such notification.
    51    d.  Each violation of a third party contractor pursuant to paragraph a

    52  of this subdivision shall be punishable by a civil penalty of the great-
    53  er of five thousand dollars or up to ten dollars per  student,  teacher,
    54  and  principal  whose data was released, provided that the latter amount
    55  shall not exceed the maximum penalty under paragraph (a) of  subdivision
    56  six of section eight hundred ninety-nine-aa of the general business law.

        S. 6356--D                         67                         A. 8556--D
 
     1    e. If the chief privacy officer determines that a third party contrac-
     2  tor  or  its  assignee, in violation of applicable state or federal law,
     3  the data  privacy  and  security  policies  of  the  educational  agency
     4  provided by such educational agency to the third party contractor and/or

     5  binding  contractual  obligations relating to data privacy and security,
     6  has released any student data or teacher or principal data received from
     7  an educational agency to any person or entity not authorized by  law  to
     8  receive  such data pursuant to a lawful subpoena or otherwise, the chief
     9  privacy officer, after affording the third party contractor with  notice
    10  and an opportunity to be heard, shall be authorized to:
    11    (1)  order that the third party contractor be precluded from accessing
    12  student data or teacher or  principal  data,  as  applicable,  from  the
    13  educational  agency from which the contractor obtained the data that was
    14  improperly disclosed for a fixed period of up to five years; and/or

    15    (2) order that a third party contractor or assignee who  knowingly  or
    16  recklessly  allowed  for  the  unauthorized  release  of student data or
    17  teacher or principal data be precluded from accessing  student  data  or
    18  teacher or principal data from any educational agency in the state for a
    19  fixed period of up to five years; and/or
    20    (3)  order  that a third party contractor or assignee who knowingly or
    21  recklessly allowed for the  unauthorized  release  of  student  data  or
    22  teacher  or  principal  data shall not be deemed a responsible bidder or
    23  offerer on any contract with an educational  agency  that  involves  the
    24  sharing  of student data or teacher or principal data, as applicable for

    25  purposes of the provisions of section one hundred three of  the  general
    26  municipal  law  or paragraph c of subdivision ten of section one hundred
    27  sixty-three of the state finance law, as applicable, for a fixed  period
    28  of up to five years; and/or
    29    (4)  require  the  third  party  contractor to provide training at the
    30  contractor's expense on the federal and state  law  governing  confiden-
    31  tiality  of  student  data  and/or  teacher  or  principal  data and the
    32  provisions of this section to all its officers and employees with access
    33  to such data, prior to being permitted to receive subsequent  access  to
    34  such data from the educational agency from which the contractor obtained
    35  the  data  that was improperly disclosed or from any educational agency;

    36  and/or
    37    (5) if it is determined that the unauthorized release of student  data
    38  or  teacher  or principal data on the part of the third party contractor
    39  or assignee was inadvertent and done without  intent,  knowledge,  reck-
    40  lessness  or  gross  negligence,  the commissioner may determine that no
    41  penalty be issued upon the third party contractor.
    42    7. Implementation and enforcement. a. The commissioner,  in  consulta-
    43  tion with the chief privacy officer, shall promulgate regulations estab-
    44  lishing  procedures to implement the provisions of this section, includ-
    45  ing but not limited to procedures for the submission of complaints  from
    46  parents  and/or  persons  in  parental  relation  to students, classroom

    47  teachers or building principals, or other staff of an educational  agen-
    48  cy,  making  allegations  of  improper disclosure of student data and/or
    49  teacher or principal data by a third party contractor or  its  officers,
    50  employees or assignees that may be subject to the sanctions set forth in
    51  subdivision  six  of  this section. Upon receipt of a complaint or other
    52  information indicating that such an improper disclosure by a third party
    53  contractor may have occurred, the chief privacy officer shall be author-
    54  ized to investigate, visit, examine and inspect the third party contrac-
    55  tor's facilities and records and obtain documentation from,  or  require

        S. 6356--D                         68                         A. 8556--D
 

     1  the  testimony of, any party relating to the alleged improper disclosure
     2  of student data or teacher or principal data.
     3    b.  Except  as  provided  under paragraph d of subdivision six of this
     4  section, each violation of any provision of  this  section  by  a  third
     5  party  contractor or its assignee shall be punishable by a civil penalty
     6  of up to one thousand dollars; a second  violation  by  the  same  third
     7  party contractor involving the same student data or teacher or principal
     8  data  shall  be  punishable  by  a  civil penalty of up to five thousand
     9  dollars; any subsequent violation by the  same  third  party  contractor
    10  involving  the  same  student date or teacher or principal data shall be

    11  punishable by a civil penalty of up  to  ten  thousand  dollars.    Each
    12  violation  of  this subdivision shall be considered a separate violation
    13  for purposes of civil penalties and the total penalty shall  not  exceed
    14  the  maximum  penalty  under paragraph (a) of subdivision six of section
    15  eight hundred ninety-nine-aa of the general business law.
    16    c. Nothing contained in this section shall be construed as creating  a
    17  private right of action against the department or an educational agency.
    18    d.  Nothing  in  this  section  shall  limit the administrative use of
    19  student data or teacher or principal data by a person acting exclusively
    20  in the person's capacity as an employee of an educational agency  or  of

    21  the state or any of its political subdivisions, any court or the federal
    22  government that is otherwise required by law.
    23    § 2. This act shall take effect immediately.
    24    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    25  sion,  section  or subpart of this act shall be adjudged by any court of
    26  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    27  impair,  or  invalidate  the remainder thereof, but shall be confined in
    28  its operation to the clause, sentence, paragraph,  subdivision,  section
    29  or  subpart  thereof  directly involved in the controversy in which such
    30  judgment shall have been rendered. It  is  hereby  declared  to  be  the
    31  intent  of the legislature that this act would have been enacted even if
    32  such invalid provisions had not been included herein.

    33    § 4. This act shall take effect immediately, provided,  however,  that
    34  the  applicable effective date of Subparts A through L of this act shall
    35  be as specifically set forth in the last section of such Subparts.
 
    36                                   PART BB
 
    37    Section 1. Paragraph (c) of subdivision  4  of  section  2853  of  the
    38  education  law, as added by chapter 4 of the laws of 1998, is amended to
    39  read as follows:
    40    (c) A charter school may contract with  [a  school  district  or]  the
    41  governing body of a public college or university for the use of a school
    42  building  and  grounds,  the operation and maintenance thereof. Any such
    43  contract shall provide such services or facilities at cost.    A  school
    44  district  shall permit any charter school granted approval to co-locate,

    45  to use such services and facilities without cost.
    46    § 2. Notwithstanding  any  provision  of  law  to  the  contrary,  any
    47  approval prior to January 1, 2014, pursuant to paragraph (h) of subdivi-
    48  sion  1  of section 2590-g of the education law, of a significant change
    49  in school utilization relating to the co-location of a school authorized
    50  pursuant to article 56 of the education law or to allocate  such  school
    51  space  in a district school building made prior to the implementation of
    52  the requirements of paragraph (h) of subdivision 1 of section 2590-g  of
    53  the education law shall not, on or after the effective date of this act,
    54  be  altered,  revised,  amended,  revoked, overturned, or withdrawn, nor

        S. 6356--D                         69                         A. 8556--D
 

     1  shall any such decision or approval that has not been altered,  revised,
     2  amended,  overturned or withdrawn by the board of education or the chan-
     3  cellor as of the effective date of this act fail to be implemented with-
     4  out  the  consent  of  the  charter school approved for co-location in a
     5  public school building unless such charter school is no  longer  author-
     6  ized pursuant to article 56 of the education law.
     7    §  3.  Paragraph (a) of subdivision 1 of section 2856 of the education
     8  law, as amended by section 5 of part A of chapter  57  of  the  laws  of
     9  2013, is amended and a new paragraph (d) is added to read as follows:
    10    (a)  The  enrollment  of  students  attending charter schools shall be
    11  included in the enrollment, attendance, membership and,  if  applicable,
    12  count  of students with disabilities of the school district in which the

    13  pupil resides. The charter school shall report  all  such  data  to  the
    14  school  districts  of residence in a timely manner. Each school district
    15  shall report such enrollment, attendance  and  count  of  students  with
    16  disabilities  to  the department. The school district of residence shall
    17  pay directly to the charter school for  each  student  enrolled  in  the
    18  charter  school  who  resides  in the school district the charter school
    19  basic tuition, which shall be:
    20    (i) for school years prior to the two thousand nine--two thousand  ten
    21  school  year and for school years following the [two thousand thirteen--
    22  two thousand fourteen school year] two  thousand  sixteen--two  thousand
    23  seventeen  school  year,  an  amount equal to one hundred percent of the
    24  amount calculated pursuant to paragraph f of subdivision one of  section

    25  thirty-six  hundred  two of this chapter for the school district for the
    26  year prior to the base year increased by the percentage  change  in  the
    27  state  total approved operating expense calculated pursuant to paragraph
    28  t of subdivision one of section thirty-six hundred two of  this  chapter
    29  from two years prior to the base year to the base year;
    30    (ii)  for  the  two  thousand  nine--two thousand ten school year, the
    31  charter school basic  tuition  shall  be  the  amount  payable  by  such
    32  district as charter school basic tuition for the two thousand eight--two
    33  thousand nine school year;
    34    (iii)  for the two thousand ten--two thousand eleven through two thou-
    35  sand thirteen--two thousand fourteen school years,  the  charter  school
    36  basic  tuition  shall be the basic tuition computed for the two thousand
    37  ten--two thousand eleven school  year  pursuant  to  the  provisions  of

    38  subparagraph (i) of this paragraph[.];
    39    (iv) for the two thousand fourteen--two thousand fifteen, two thousand
    40  fifteen--two  thousand  sixteen  and  two thousand sixteen--two thousand
    41  seventeen school years, the charter school basic tuition  shall  be  the
    42  sum  of  the lesser of the charter school basic tuition computed for the
    43  two thousand ten--two  thousand  eleven  school  year  pursuant  to  the
    44  provisions  of  subparagraph (i) of this paragraph or the charter school
    45  basic tuition computed for the current year pursuant to  the  provisions
    46  of  subparagraph  (i)  of  this  paragraph  plus  the supplemental basic
    47  tuition.
    48    For the purposes of this subdivision, the "supplemental basic tuition"

    49  shall be (A) for a school district for which the  charter  school  basic
    50  tuition  computed  for  the current year is greater than or equal to the
    51  charter school basic tuition for  the  two  thousand  ten--two  thousand
    52  eleven  school  year  pursuant  to the provisions of subparagraph (i) of
    53  this paragraph, (1) for the two thousand fourteen--two thousand  fifteen
    54  school  year two hundred and fifty dollars, and (2) for the two thousand
    55  fifteen--two thousand  sixteen  school  year  three  hundred  and  fifty
    56  dollars,  and  (3)  for the two thousand sixteen--two thousand seventeen

        S. 6356--D                         70                         A. 8556--D
 
     1  school year five hundred dollars, and (B)  for  a  school  district  for

     2  which  the  charter  school  basic tuition for the two thousand ten--two
     3  thousand eleven school year is greater than  the  charter  school  basic
     4  tuition  for the current year pursuant to the provisions of subparagraph
     5  (i) of this paragraph, the positive difference  of  the  charter  school
     6  basic  tuition for the two thousand ten--two thousand eleven school year
     7  minus the charter school basic tuition for the current year pursuant  to
     8  the provisions of subparagraph (i) of this paragraph.
     9    (d)  School  districts  shall  be eligible for an annual apportionment
    10  equal to the amount of the supplemental basic tuition paid to the  char-
    11  ter  school  in the base year for the expenses incurred in the two thou-

    12  sand fourteen--two thousand fifteen, two thousand fifteen--two  thousand
    13  sixteen, and two thousand sixteen--two thousand seventeen school years.
    14    §  4.  Paragraph (a) of subdivision 1 of section 2856 of the education
    15  law, as amended by section 6 of part A of chapter  57  of  the  laws  of
    16  2013, is amended and a new paragraph (c) is added to read as follows:
    17    (a)  The  enrollment  of  students  attending charter schools shall be
    18  included in the enrollment, attendance  and,  if  applicable,  count  of
    19  students  with  disabilities  of  the school district in which the pupil
    20  resides. The charter school shall report all such  data  to  the  school
    21  districts  of  residence  in a timely manner. Each school district shall
    22  report such enrollment, attendance and count of students with  disabili-

    23  ties  to  the  department.  The  school  district of residence shall pay
    24  directly to the charter school for each student enrolled in the  charter
    25  school  who  resides  in  the  school  district the charter school basic
    26  tuition which shall be:
    27    (i) for school years prior to the two thousand nine--two thousand  ten
    28  school  year and for school years following the [two thousand thirteen--
    29  two thousand fourteen school year] two  thousand  sixteen--two  thousand
    30  seventeen  school  year,  an  amount equal to one hundred percent of the
    31  amount calculated pursuant to paragraph f of subdivision one of  section
    32  thirty-six  hundred  two of this chapter for the school district for the
    33  year prior to the base year increased by the percentage  change  in  the
    34  state  total approved operating expense calculated pursuant to paragraph

    35  t of subdivision one of section thirty-six hundred two of  this  chapter
    36  from two years prior to the base year to the base year;
    37    (ii)  for  the  two  thousand  nine--two thousand ten school year, the
    38  charter school basic  tuition  shall  be  the  amount  payable  by  such
    39  district as charter school basic tuition for the two thousand eight--two
    40  thousand nine school year;
    41    (iii)  for the two thousand ten--two thousand eleven through two thou-
    42  sand thirteen--two thousand fourteen school years,  the  charter  school
    43  basic  tuition  shall be the basic tuition computed for the two thousand
    44  ten--two thousand eleven school  year  pursuant  to  the  provisions  of
    45  subparagraph (i) of this paragraph[.];
    46    (iv) for the two thousand fourteen--two thousand fifteen, two thousand

    47  fifteen--two  thousand  sixteen  and  two thousand sixteen--two thousand
    48  seventeen school years, the charter school basic tuition  shall  be  the
    49  sum  of  the lesser of the charter school basic tuition computed for the
    50  two thousand ten--two  thousand  eleven  school  year  pursuant  to  the
    51  provisions  of  subparagraph (i) of this paragraph or the charter school
    52  basic tuition computed for the current year pursuant to  the  provisions
    53  of  subparagraph  (i)  of  this  paragraph  plus  the supplemental basic
    54  tuition.
    55    For the purposes of this subdivision, the "supplemental basic tuition"
    56  shall be (A) for a school district for which the  charter  school  basic


        S. 6356--D                         71                         A. 8556--D
 
     1  tuition  computed  for  the current year is greater than or equal to the
     2  charter school basic tuition for  the  two  thousand  ten--two  thousand
     3  eleven  school  year  pursuant  to the provisions of subparagraph (i) of
     4  this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
     5  school year two hundred and fifty dollars, and (2) for the two  thousand
     6  fifteen--two  thousand  sixteen  school  year  three  hundred  and fifty
     7  dollars, and (3) for the two thousand  sixteen--two  thousand  seventeen
     8  school  year  five  hundred  dollars,  and (B) for a school district for
     9  which the charter school basic tuition for  the  two  thousand  ten--two

    10  thousand  eleven  school  year  is greater than the charter school basic
    11  tuition for the current year pursuant to the provisions of  subparagraph
    12  (i)  of  this  paragraph,  the positive difference of the charter school
    13  basic tuition for the two thousand ten--two thousand eleven school  year
    14  minus  the charter school basic tuition for the current year pursuant to
    15  the provisions of subparagraph (i) of this paragraph.
    16    (c) School districts shall be eligible  for  an  annual  apportionment
    17  equal  to the amount of the supplemental basic tuition paid to the char-
    18  ter school in the base year for the expenses incurred in the  two  thou-
    19  sand  fourteen--two thousand fifteen, two thousand fifteen--two thousand

    20  sixteen, and two thousand sixteen--two thousand seventeen school years.
    21    § 5. Subdivision 3 of section 2853 of the education law is amended  by
    22  adding a new paragraph (e) to read as follows:
    23    (e)  In  a  city  school district in a city having a population of one
    24  million  or  more  inhabitants,  charter  schools  that  first  commence
    25  instruction  or  that  require  additional  space due to an expansion of
    26  grade level, pursuant to this article, approved by their charter  entity
    27  for the two thousand fourteen--two thousand fifteen school year or ther-
    28  eafter  and  request  co-location  in  a public school building shall be
    29  provided access to facilities pursuant to this paragraph for such  char-
    30  ter  schools  that first commence instruction or that require additional

    31  space due to an expansion of grade  level,  pursuant  to  this  article,
    32  approved by their charter entity for those grades newly provided.
    33    (1) Notwithstanding any other provision of law to the contrary, within
    34  the  later  of  (i) five months after a charter school's written request
    35  for co-location and (ii) thirty days after the charter school's  charter
    36  is  approved  by  its  charter  entity,  the  city school district shall
    37  either: (A) offer at no cost to the charter school a co-location site in
    38  a public school building approved by the board of education as  provided
    39  by  law,  or  (B) offer the charter school space in a privately owned or
    40  other publicly owned facility at the expense of the city school district

    41  and at no cost to the charter school.  The  space  must  be  reasonable,
    42  appropriate  and  comparable  and in the community school district to be
    43  served by the charter school and otherwise in reasonable proximity.
    44    (2) No later than thirty days after approval by the board of education
    45  or expiration of the offer period prescribed in subparagraph one of this
    46  paragraph, the charter  school  shall  either  accept  the  city  school
    47  district's offer or appeal in accordance with subparagraph three of this
    48  paragraph.    If no appeal is taken, the city's offer or refusal to make
    49  an offer shall be final  and  non-reviewable.  The  charter  school  may
    50  appeal  as  early as issuance of an educational impact statement for the
    51  proposed co-location.

    52    (3) The charter school shall have the option  of  appealing  the  city
    53  school  district's  offer or failure to offer a co-location site through
    54  binding arbitration in accordance with subparagraph seven of this  para-
    55  graph, an expedited appeal to the commissioner pursuant to section three
    56  hundred  ten  of this chapter and the procedures prescribed in paragraph

        S. 6356--D                         72                         A. 8556--D
 
     1  (a-5) of this subdivision, or a special proceeding pursuant  to  article
     2  seventy-eight  of  the civil practice law and rules. In any such appeal,
     3  the standard of review shall  be  the  standard  prescribed  in  section
     4  seventy-eight hundred three of the civil practice law and rules.

     5    (4)  If  the  appeal  results  in a determination in favor of the city
     6  school district, the city's offer shall be final and the charter  school
     7  may either accept such offer and move into the space offered by the city
     8  school  district  at  the  city  school district's expense, or locate in
     9  another site at the charter school's expense.
    10    (5) For a new charter school whose charter is granted or for an exist-
    11  ing charter school whose expansion of  grade  level,  pursuant  to  this
    12  article,  is  approved by their charter entity before October first, two
    13  thousand sixteen, if the appeal results in a determination in  favor  of
    14  the  charter  school,  the  city  school  district shall pay the charter

    15  school an amount attributable to the grade level expansion or the forma-
    16  tion of the new charter school that is equal to the lesser of:
    17    (A) the actual rental cost of  an  alternative  privately  owned  site
    18  selected by the charter school or
    19    (B)  twenty  percent  of  the  product  of  the charter school's basic
    20  tuition for the current school year and (i) for  a  new  charter  school
    21  that  first  commences  instruction on or after July first, two thousand
    22  fourteen, the charter school's current year enrollment; or  (ii)  for  a
    23  charter  school which expands its grade level, pursuant to this article,
    24  before October first, two thousand sixteen, the positive  difference  of
    25  the  charter  school's  enrollment  in the current school year minus the

    26  charter school's enrollment in the school year prior to the  first  year
    27  of the expansion.
    28    (6) For a new charter school whose charter is granted or for an exist-
    29  ing  charter  school  whose  expansion  of grade level, pursuant to this
    30  article, is approved by their charter entity on or after October  first,
    31  two  thousand sixteen, if the appeal results in a determination in favor
    32  of the charter school, the city school district shall  pay  the  charter
    33  school an amount attributable to the grade level expansion or the forma-
    34  tion  of the new charter school that is equal to the maximum cost allow-
    35  ance established by the commissioner for leases aidable  under  subdivi-
    36  sion six of section thirty-six hundred two of this chapter.

    37    (7)  An  arbitration  in an appeal pursuant to this paragraph shall be
    38  conducted by a  single  arbitrator  selected  in  accordance  with  this
    39  subparagraph  from  a  list of arbitrators from the American arbitration
    40  association's panel of labor  arbitrators,  with  relevant  biographical
    41  information,  submitted by such association to the commissioner pursuant
    42  to paragraph a of subdivision three of section three  thousand  twenty-a
    43  of  this  chapter.  Upon request by the charter school, the commissioner
    44  shall forthwith send a copy of such list  and  biographical  information
    45  simultaneously  to  the  charter  school  and  city school district. The
    46  parties shall, by mutual agreement, select an arbitrator from  the  list

    47  within fifteen days from receipt of the list, and if the parties fail to
    48  agree  on  an  arbitrator  within such fifteen day period or fail within
    49  such fifteen day period to notify the commissioner  that  an  arbitrator
    50  has been selected, the commissioner shall appoint an arbitrator from the
    51  list  to  serve as the arbitrator. The arbitration shall be conducted in
    52  accordance with the American arbitration association's rules  for  labor
    53  arbitration,  except  that  the  arbitrator  shall conduct a pre-hearing
    54  conference within ten to fifteen days of agreeing to serve and the arbi-
    55  tration shall be completed and  a  decision  rendered  within  the  time
    56  frames  prescribed for hearings pursuant to section three thousand twen-


        S. 6356--D                         73                         A. 8556--D
 
     1  ty-a of this chapter. The arbitrator's fee shall  not  exceed  the  rate
     2  established  by  the  commissioner  for  hearings  conducted pursuant to
     3  section three thousand twenty-a of this chapter, and the  cost  of  such
     4  fee,  the  arbitrator's  necessary travel and other reasonable expenses,
     5  and all other hearing expenses shall be borne equally by the parties  to
     6  the arbitration.
     7    §  6.  Section  3602  of  the education law is amended by adding a new
     8  subdivision 6-g to read as follows:
     9    6-g. Charter schools facilities aid. a. The city  school  district  of
    10  the city of New York, upon documenting that it has incurred total aggre-

    11  gate expenses of forty million dollars or more pursuant to subparagraphs
    12  five  and  six  of paragraph (e) of subdivision three of section twenty-
    13  eight hundred fifty-three of this chapter,  shall  be  eligible  for  an
    14  apportionment  pursuant  to  this  subdivision  for  its annual approved
    15  expenditures for the lease of space for charter schools incurred in  the
    16  base  year  in  accordance  with  paragraph  (e) of subdivision three of
    17  section twenty-eight hundred fifty-three of this chapter.
    18    b. The apportionment shall equal the product of (1) the sum of:
    19    (A) for aid payable for expenses  incurred  pursuant  to  subparagraph
    20  five  of  paragraph  (e)  of  subdivision  three of section twenty-eight

    21  hundred fifty-three of this chapter where the charter school prevails on
    22  appeal, the  annual  approved  expenses  incurred  by  the  city  school
    23  district pursuant to such subparagraph five; and
    24    (B) for aid payable for expenses incurred pursuant to subparagraph six
    25  of  paragraph  (e)  of subdivision three of section twenty-eight hundred
    26  fifty-three of this chapter where the charter school prevails on appeal,
    27  the actual annual approved rental expenses  incurred  pursuant  to  such
    28  subparagraph six multiplied by
    29    (2) six-tenths.
    30    c.  For  purposes of this subdivision, the approved expenses attribut-
    31  able to a lease by a charter school of a privately owned site  shall  be

    32  the  lesser  of the actual rent paid under the lease or the maximum cost
    33  allowance established by  the  commissioner  for  leases  aidable  under
    34  subdivision six of this section.
    35    d.  Notwithstanding  any  provision  of  law  to the contrary, amounts
    36  apportioned pursuant to this subdivision shall not be included  in:  (1)
    37  the  allowable growth amount computed pursuant to paragraph dd of subdi-
    38  vision one of this section, (2) the preliminary growth  amount  computed
    39  pursuant to paragraph ff of subdivision one of this section, and (3) the
    40  allocable growth amount computed pursuant to paragraph gg of subdivision
    41  one  of  this  section,  and  shall  not be considered, and shall not be
    42  available for interchange with, general support for public schools.

    43    § 7. This act shall take effect immediately; provided that the  amend-
    44  ments  to  subdivision  1  of  section 2856 of the education law made by
    45  section three of this act shall be subject to the expiration and  rever-
    46  sion  of  such  subdivision  pursuant  to subdivision d of section 27 of
    47  chapter 378 of the laws of 2007, as amended, when  upon  such  date  the
    48  provisions  of  section four of this act shall take effect; and provided
    49  further that section six of this act shall take effect July 1, 2014.
 
    50                                   PART CC
 
    51    Section 1. The education law is amended by adding a new section  3602-
    52  ee to read as follows:
    53    §  3602-ee. Statewide universal full-day pre-kindergarten program.  1.
    54  The purpose of the universal full-day  pre-kindergarten  program  is  to


        S. 6356--D                         74                         A. 8556--D
 
     1  incentivize   and   fund  state-of-the-art  innovative  pre-kindergarten
     2  programs and to encourage program creativity through competition.
     3    2.  All universal full-day pre-kindergarten programs shall demonstrate
     4  quality on the following elements:
     5    (a) curriculum;
     6    (b) learning environment, materials and supplies;
     7    (c) family engagement;
     8    (d) staffing patterns;
     9    (e) teacher education and experience;
    10    (f) facility quality;
    11    (g) physical well-being, health and nutrition; and
    12    (h) partnerships with non-profit,  community  and  educational  insti-
    13  tutions.

    14    3.  (a)  The  universal  full-day  pre-kindergarten program shall make
    15  awards to (i) consolidated applications submitted  by  school  districts
    16  which  include  pre-kindergarten programs offered by schools, non-profit
    17  organizations, community-based organizations, charter schools, libraries
    18  and/or museums, which shall demonstrate geographic diversity within  the
    19  area to be served as well as diversity of providers; and (ii) non-profit
    20  organizations, community-based organizations, charter schools, libraries
    21  and  museums,  which  may apply individually to the extent allowed under
    22  paragraph (b) of this subdivision.   Any consolidated  application  must
    23  include,  but  is  not limited to, the names of individual locations and

    24  providers, applicable licenses, facility lease information, and intended
    25  staffing plans and certifications.
    26    (b) Prior to  submission  of  a  consolidated  application,  a  school
    27  district  shall widely solicit non-profit organizations, community-based
    28  organizations, charter schools, libraries and museums located within the
    29  school district to be included in its application. The  school  district
    30  shall  notify  any  applicant  who  has been denied for inclusion in the
    31  consolidated application no later than two weeks prior to submission  of
    32  such application. Such eligible providers denied for inclusion may apply
    33  individually as provided in paragraph (a) of this subdivision.
    34    (c)  The department shall establish two application periods in advance

    35  of a school year.
    36    (d) Providers awarded slots under  this  section  that  they  actually
    37  utilized  would  continue to have such slots renewed in subsequent years
    38  provided the program meets quality standards and all applicable require-
    39  ments.
    40    4. Programs that provide more stimulation, enhance  child  development
    41  and demonstrate creative approaches to improve early childhood education
    42  will have a competitive advantage in the application process.
    43    5.  The  department shall develop a scoring system, which it shall use
    44  to evaluate which applications shall be funded on  a  competitive  basis
    45  based  on  merit  and  factors including but not limited to the criteria

    46  listed above and student and community need.  Upon  review  of  applica-
    47  tions,  if the program is oversubscribed in any region or regions of the
    48  state, the department shall notify the division  of  the  budget,  which
    49  shall  develop  a  plan  for  distribution of available slots within any
    50  oversubscribed region. The subscription for the New York city region  is
    51  three  hundred  million  dollars. The department shall allocate full-day
    52  pre-kindergarten conversion  slots  and  new  full-day  pre-kindergarten
    53  slots based on available funding and shall make payments upon documenta-
    54  tion  of  eligible expenditures in the base year, which shall be limited
    55  to the actual number of slots operated and paid  on  a  per-pupil  basis

    56  pursuant to subdivision fourteen of this section.

        S. 6356--D                         75                         A. 8556--D
 
     1    6. The department shall develop a statewide inspection protocol, which
     2  shall  provide for annual inspections of all universal full-day pre-kin-
     3  dergarten providers, and shall develop a quality assurance protocol  and
     4  physical plant review protocol for such reviews.
     5    7.  Statewide  universal full-day pre-kindergarten slots shall only be
     6  awarded to support programs that provide instruction for at  least  five
     7  hours  per school day for the full school year and that otherwise comply
     8  with the rules and requirements pursuant to section  thirty-six  hundred

     9  two-e of this part except as otherwise provided in this section.
    10    8.  All  teachers  in  the universal full-day pre-kindergarten program
    11  shall meet the same teacher certification standards applicable to public
    12  schools.  Pre-kindergarten teachers providing instruction  through  this
    13  section shall possess:
    14    (a)  a  teaching license or certificate valid for service in the early
    15  childhood grades; or
    16    (b) a teaching license or certificate for students  with  disabilities
    17  valid for service in early childhood grades; or
    18    (c) for eligible agencies as defined in paragraph b of subdivision one
    19  of section thirty-six hundred two-e of this part that are not schools, a

    20  bachelor's  degree in early childhood education or a related field and a
    21  written plan to obtain a certification valid for service  in  the  early
    22  childhood grades as follows:
    23    (i)  for teachers hired on or after the effective date of this section
    24  as the teacher for  a  universal  full-day  pre-kindergarten  classroom,
    25  within  three  years  after  commencing  employment,  at which time such
    26  certification shall be required for employment; and
    27    (ii) for teachers hired by such provider prior to the  effective  date
    28  of  this  section for other early childhood care and education programs,
    29  no later than June thirtieth, two thousand seventeen, at which time such
    30  certification shall be required for employment.

    31    9. The process by which applicants  submit  proposals  to  collaborate
    32  with  the  school  district  or  individually to the department, and the
    33  renewal process for such providers, shall take into account  any  record
    34  of  violations  of health and safety codes and/or licensure or registra-
    35  tion requirements. In addition, any agency that is cited for a violation
    36  classified as an "imminent danger" by the office of children and  family
    37  services  or as a "public health hazard" by the New York city department
    38  of health and mental hygiene which  is  not  immediately  corrected  and
    39  which  is  not  of  a  life threatening or of a grave and serious nature
    40  shall be suspended from the program and,  upon  final  determination  of

    41  such  violation  by  the regulating agency, suspended or terminated from
    42  participating in the program under this section based on the severity of
    43  the violation. Provided further, that eligible agencies with a record of
    44  other serious or critical and/or repeated violations that pose a risk to
    45  health or safety shall, upon final determination of such violations,  be
    46  suspended  or  terminated  from  participating in the program under this
    47  section, and the office of children and family services shall  establish
    48  statewide  standards for determining such grounds for such suspension or
    49  termination based on violations  issued  by  the  applicable  regulatory
    50  agency.
    51    10.  Notwithstanding any provision of law to the contrary, a universal

    52  full-day pre-kindergarten provider shall be inspected by the department,
    53  the school district with which it partners, if any, and  its  respective
    54  licensing,  permitting, regulatory, oversight, registration or enrolling
    55  agency or entity no fewer than two times per school year, at  least  one
    56  inspection  of which shall be performed by the eligible agency's respec-

        S. 6356--D                         76                         A. 8556--D
 
     1  tive  licensing,  permitting,  regulatory,  oversight,  registration  or
     2  enrolling agency, as applicable.
     3    11.  Facilities  providing  universal  full-day pre-kindergarten under
     4  this section shall meet all applicable fire safety  and  building  codes

     5  and  any  applicable facility requirements of a state or local licensing
     6  or registering agency and at  all  times  shall  maintain  building  and
     7  classroom  space  in  a  manner that ensures and protects the health and
     8  safety of students in all programs statewide, notwithstanding any chang-
     9  es in such applicable codes or requirements.
    10    12. Notwithstanding paragraph (a) of subdivision one of section  twen-
    11  ty-eight  hundred fifty-four of this chapter and paragraph (c) of subdi-
    12  vision two of section twenty-eight hundred fifty-four of  this  chapter,
    13  charter  schools  shall be eligible to participate in universal full-day
    14  pre-kindergarten programs under this section,  provided  that  all  such

    15  monitoring,  programmatic review and operational requirements under this
    16  section shall be the responsibility of the charter entity and  shall  be
    17  consistent  with  the requirements under article fifty-six of this chap-
    18  ter.  The provisions of paragraph (b)  of  subdivision  two  of  section
    19  twenty-eight  hundred  fifty-four  of  this  chapter  shall apply to the
    20  admission of pre-kindergarten students, except parents of pre-kindergar-
    21  ten children may submit applications for the two thousand  fourteen--two
    22  thousand  fifteen  school year by a date to be determined by the charter
    23  school upon selection to participate in the universal full-day  pre-kin-
    24  dergarten  program.  The  limitations  on  the employment of uncertified

    25  teachers under paragraph (a-1) of subdivision three of  section  twenty-
    26  eight  hundred  fifty-four  of  this chapter shall apply to all teachers
    27  from pre-kindergarten through grade twelve.
    28    13. Apportionments under this section shall only be used to supplement
    29  and not supplant current local expenditures of federal, state  or  local
    30  funds  on  pre-kindergarten  programs  and  the  number of slots in such
    31  programs from such sources. Current local expenditures shall include any
    32  local expenditures of federal, state or local funds used  to  supplement
    33  or  extend  services provided directly or via contract to eligible chil-
    34  dren enrolled  in  a  universal  pre-kindergarten  program  pursuant  to
    35  section thirty-six hundred two-e of this part.

    36    14.  (a) The award per pupil for an eligible entity pursuant to subdi-
    37  vision three of this section shall equal:  (i)  for  each  new  full-day
    38  pre-kindergarten  placement  the lesser of the full-day pre-kindergarten
    39  per pupil amount or the total approved expenditures per pupil  and  (ii)
    40  for  each  existing half-day pre-kindergarten placement converted into a
    41  full-day pre-kindergarten placement  the  lesser  of  (A)  the  positive
    42  difference  of  the full-day pre-kindergarten per pupil amount minus the
    43  district's selected aid per pre-kindergarten pupil pursuant to  subpara-
    44  graph  (i)  of  paragraph  b  of  subdivision  ten of section thirty-six
    45  hundred two-e of this part or (B) the positive difference of  the  total

    46  approved  expenditures  per  pupil minus the district's selected aid per
    47  pre-kindergarten pupil pursuant to subparagraph (i) of  paragraph  b  of
    48  subdivision  ten  of section thirty-six hundred two-e of this part. Each
    49  participating eligible entity pursuant  to  subdivision  three  of  this
    50  section  shall  provide  its  expenses  under this provision in a format
    51  prescribed by the commissioner.
    52    (b) For the purposes of this section, "full-day  pre-kindergarten  per
    53  pupil  amount"  shall mean (i) for pupils enrolled in programs where the
    54  teacher of record for such pupil holds a teaching certificate issued  by
    55  the  commissioner  in  an  appropriate  certificate  title, ten thousand

    56  dollars, and (ii) for pupils enrolled in programs where the  teacher  of

        S. 6356--D                         77                         A. 8556--D
 
     1  record for such pupil does not hold a teaching certificate issued by the
     2  commissioner   in  an  appropriate  certificate  title,  seven  thousand
     3  dollars.
     4    (c)  For  the purposes of this section, "teacher of record" shall mean
     5  the teacher who is primarily and directly responsible  for  a  student's
     6  learning   activities,  as  reported  to  the  department  in  a  manner
     7  prescribed by the commissioner.
     8    15. Definitions. For the purpose of this section, the following  defi-
     9  nitions shall apply:
    10    (a) "regions of the state" shall mean:

    11    (i)  Capital  Region:  Includes  Albany, Columbia, Greene, Rensselaer,
    12  Saratoga, Schenectady, Warren, and Washington counties.
    13    (ii) Central New York  Region:  Includes  Cayuga,  Cortland,  Madison,
    14  Onondaga and Oswego counties.
    15    (iii)  Finger  Lakes  Region:  Includes  Genesee,  Livingston, Monroe,
    16  Ontario, Orleans, Seneca, Wayne, Wyoming and Yates counties.
    17    (iv) Long Island Region: Includes Nassau and Suffolk counties.
    18    (v) Mid-Hudson Region: Includes Dutchess,  Orange,  Putnam,  Rockland,
    19  Sullivan, Ulster and Westchester counties.
    20    (vi)  Mohawk  Valley  Region:  Includes  Fulton, Herkimer, Montgomery,
    21  Oneida, Otsego and Schoharie counties.
    22    (vii) New York City Region: Includes Bronx, Kings,  New  York,  Queens

    23  and Richmond counties.
    24    (viii) North Country Region: Includes Clinton, Essex, Franklin, Hamil-
    25  ton, Jefferson, Lewis and St. Lawrence counties.
    26    (ix)  Southern  Tier Region: Includes Broome, Chemung, Chenango, Dela-
    27  ware, Schuyler, Steuben, Tioga and Tompkins counties.
    28    (x) Western New York Region: Includes Allegany, Cattaraugus,  Chautau-
    29  qua, Erie and Niagara counties.
    30    (b) "community-based organization" shall mean a provider of child care
    31  and  early  education,  a  day care provider, early childhood program or
    32  center, approved preschool special  education  program,  Head  Start  or
    33  other such community-based organization.
    34    16.  The authority of the department to administer the universal full-

    35  day pre-kindergarten program shall expire June thirtieth,  two  thousand
    36  sixteen;  provided  that  the  program shall continue and remain in full
    37  effect.
    38    § 2. This act shall take effect immediately.
    39    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion, section or part of this act shall be  adjudged  by  any  court  of
    41  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    42  impair, or invalidate the remainder thereof, but shall  be  confined  in
    43  its  operation  to the clause, sentence, paragraph, subdivision, section
    44  or part thereof directly involved in the controversy in which such judg-
    45  ment shall have been rendered. It is hereby declared to be the intent of
    46  the legislature that this act would  have  been  enacted  even  if  such
    47  invalid provisions had not been included herein.

    48    §  3.  This  act shall take effect immediately provided, however, that
    49  the applicable effective date of Parts A through CC of this act shall be
    50  as specifically set forth in the last section of such Parts.
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