STATE OF NEW YORK
________________________________________________________________________
3896
2015-2016 Regular Sessions
IN ASSEMBLY
January 28, 2015
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Ways and Means
AN ACT to amend the education law and chapter 53 of the laws of 2014
enacting the aid to localities budget, in relation to the collabora-
tive curriculum development fund; and to repeal subdivision 6-c of
section 3641 of the education law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of chapter 53 of the laws of 2014, enacting the
2 Aid to Localities Budget, is amended by repealing the items herein below
3 set forth in brackets and by adding to such section the other items
4 underscored in this section.
5 EDUCATION DEPARTMENT
6 AID TO LOCALITIES - REAPPROPRIATIONS 2014-15
7 OFFICE OF PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION PROGRAM
8 General Fund
9 Local Assistance Account - 10000
10 The appropriation made by chapter 53, section 1, of the laws of 2011, as
11 amended by chapter 53, section 1, of the laws of 2013, is hereby
12 amended and reappropriated to read:
13 For a school district management efficiency awards program. Funds
14 appropriated herein shall be used to provide competitive awards to
15 school districts based on a plan developed by the commissioner and
16 approved by the director of the budget. Provided that such funds may
17 only be awarded to a school district which demonstrates that it has
18 implemented one or more long term efficiencies within two years
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04381-01-5
A. 3896 2
1 prior to a response to a request for proposal or during the current
2 school year in school district management, operations, procurement
3 practices or other cost savings measures and will not result in an
4 increase in cost to the state or the locality and: (i) have resulted
5 or will result in a significant reduction in total operating
6 expenses compared to the prior year and/or significant reductions in
7 the administrative component, or the equivalent, of the school
8 district budget and/or transportation operating expenses and/or
9 transportation capital expenses and/or other non-personal service
10 costs included in the program component of the school district budg-
11 et compared to the prior year; and (ii) are expected to result in
12 substantial and recurring cost savings in total operating expenses
13 and/or recurring significant reductions in administrative expendi-
14 tures, or the equivalent, and/or transportation operating expenses
15 and/or transportation capital expenses and/or other non-personal
16 service costs included in the program component of the school
17 district budget in future years; provided further that, a school
18 district that submits documentation that has been approved by the
19 commissioner by September 1 of 2013 and of each school year in which
20 a payment is made from this appropriation demonstrating that it has
21 fully implemented new standards and procedures for conducting annual
22 professional performance reviews of classroom teachers and building
23 principals to determine teacher and principal effectiveness shall
24 receive bonus points in the scoring of its grant application.
25 Provided further that, notwithstanding any provision of law to the
26 contrary, in addition to the competitive awards amount as defined in
27 paragraph ee of subdivision 1 of section 3602 of the education law,
28 a minimum of $37,500,000 shall be available for the payment of grant
29 awards made in the 2013-14 school year, with additional amounts to
30 be made available in the 2014-15 state fiscal year as necessary to
31 continue such awards and make an additional round of awards pursuant
32 to subdivision 6-a of section 3641 of the education law in the
33 2014-15 school year not to exceed the amount awarded in the 2013-14
34 school year pursuant to such subdivision 6-a, and such $37,500,000
35 shall be made available for $12,500,000 of prekindergarten grants,
36 $10,000,000 of school-wide extended learning grants, $7,500,000 of
37 community schools grants, $5,500,000 for a master teacher program
38 and $2,000,000 for the early college high school program; provided,
39 however, that no school district shall receive any portion of the
40 funds appropriated herein unless it shall have submitted documenta-
41 tion that has been approved by the commissioner by September 1 of
42 2013 and of each school year in which a payment to such district
43 from this appropriation would otherwise be made demonstrating that
44 it has fully implemented new standards and procedures for conducting
45 annual professional performance reviews of classroom teachers and
46 building principals to determine teacher and principal effective-
47 ness.
48 Provided, further, that notwithstanding any provision of law to the
49 contrary, the $12,500,000 appropriated herein available for full-day
50 and half-day pre-kindergarten grants shall be awarded, based on a
51 request for proposals developed by the commissioner and approved by
52 the director of the budget, to school districts to establish new
53 full-day and half-day pre-kindergarten placements and/or to convert
54 existing half-day pre-kindergarten placements into full-day place-
55 ments; provided that preference shall be granted for full-day place-
56 ments while ensuring that a portion of grants include half-day
A. 3896 3
1 placements based on eligible applications; and provided, further,
2 that such grants shall only be used to supplement, not supplant
3 existing pre-kindergarten programs, and provided further, however,
4 that any portion of such $12,500,000 that is not awarded shall
5 remain available for subsequent awards in the 2013-14 school year or
6 for full-day and half-day pre-kindergarten grants to be awarded in
7 subsequent school years. Provided, further, that such grants from
8 funds appropriated herein shall be awarded based on factors includ-
9 ing, but not limited to, the following: (i) measures of school
10 district need, (ii) measures of the need of students to be served by
11 each of the school districts, (iii) the school district's proposal
12 to target the highest need schools and students, (iv) the extent to
13 which the district's proposal would prioritize funds to maximize the
14 total number of eligible children in the district served in pre-kin-
15 dergarten programs, and (v) proposal quality. Provided, however,
16 that full-day and half-day pre-kindergarten grants appropriated
17 herein shall only be available to support programs (i) that provide
18 instruction for at least five hours per school day for full-day
19 pre-kindergarten programs and at least two and one-half hours per
20 school day for half-day pre-kindergarten programs; (ii) that agree
21 to offer instruction consistent with the New York state pre-kinder-
22 garten foundation for the common core standards within three years;
23 (iii) that ensure that, to the extent community-based providers are
24 part of such program, such providers meet the requirements of para-
25 graphs d-1 and d-2 of subdivision 12 of section 3602-e of the educa-
26 tion law; and (iv) that otherwise comply with all of the same rules
27 and requirements as universal pre-kindergarten programs pursuant to
28 section 3602-e of the education law except as modified herein.
29 Provided, further, that a school district's pre-kindergarten grant
30 shall equal the product of (A) (i) two multiplied by the approved
31 number of new full-day pre-kindergarten placements plus (ii) the
32 approved number of half-day pre-kindergarten placement conversions
33 and new half-day pre-kindergarten placements, and (B) the district's
34 selected aid per pre-kindergarten pupil pursuant to subparagraph i
35 of paragraph b of subdivision 10 of section 3602-e of the education
36 law; provided, however, that no district shall receive a grant in
37 excess of the total actual grant expenditures incurred by the
38 district in the current school year as approved by the commissioner.
39 Provided, further, that as a condition of eligibility for receipt of
40 such funding, a school district shall agree to adopt approved quali-
41 ty indicators within two years, including, but not limited to, valid
42 and reliable measures of environmental quality, the quality of
43 teacher-student interactions and child outcomes, and ensure that any
44 such assessment of child outcomes shall not be used to make high-
45 stakes educational decisions for individual children. Provided,
46 further, that no school district shall receive more than forty
47 percent of the total pre-kindergarten grant allocation.
48 Provided, further, that notwithstanding any provision of law to the
49 contrary, the $10,000,000 appropriated herein available for school-
50 wide extended learning grants shall be awarded to school districts
51 or school districts in collaboration with not-for-profit community-
52 based organizations based on responses to a request for proposals
53 for planning and implementation grants that is (i) developed by the
54 commissioner; (ii) approved by the director of the budget; and (iii)
55 issued by the commissioner. Provided, further, that such grants
56 shall be awarded based on factors including, but not limited to, the
A. 3896 4
1 following: (i) the school district's proposal to target the schools
2 and students with the greatest need, and (ii) proposal quality.
3 Provided, further, that to assess proposal quality in order to award
4 implementation grant funding, the commissioner shall take into
5 account factors including, but not limited to: (i) the extent to
6 which the school district's proposal would maximize the use of the
7 additional learning time through a comprehensive restructuring of
8 the school day and/or year, (ii) the extent to which the proposal
9 would provide additional learning time for students in grades six
10 through eight, and (iii) how the additional learning time would be
11 utilized, including, but not limited to, additional time spent on
12 core academics. Provided, however, that no district shall be eligi-
13 ble to receive a school-wide extended learning grant unless its
14 proposal would increase student learning time by at least 25
15 percent. Provided, further, that a school district's schoolwide
16 extended learning implementation grant shall equal its average daily
17 attendance in the school-wide extended learning program multiplied
18 by the expected cost per pupil of the additional learning time;
19 provided, further, that the expected cost per pupil of the addi-
20 tional learning time shall equal the greater of $1,500 or (A) the
21 quotient of (i) the school district's approved operating expense,
22 pursuant to paragraph t of subdivision 1 of section 3602 of the
23 education law, for the year prior to the base year, divided by (ii)
24 the district's public school district enrollment, pursuant to
25 subparagraph (2) of paragraph n of such subdivision, for the year
26 prior to the base year, multiplied by (B) 10 percent (0.10), multi-
27 plied by (C) the quotient of (i) the average of the national consum-
28 er price indexes determined by the United States department of labor
29 for the 12-month period preceding January first of the base year,
30 divided by (ii) the average of the national consumer price indexes
31 determined by the United States department of labor for the 12-month
32 period preceding January first of the year two years prior to the
33 base year; provided, however, that in extraordinary cases the
34 commissioner may award a grant that exceeds the per pupil limit
35 described above; provided further, however, that no district shall
36 receive a grant in excess of the total actual grant expenditures
37 incurred by the district in the current school year as approved by
38 the commissioner. Provided, further, that no school district shall
39 receive more than forty percent of the total school-wide extended
40 learning grant allocation.
41 Provided, further, that notwithstanding any provision of law to the
42 contrary, the $7,500,000 appropriated herein available for community
43 schools grants shall be awarded, based on a request for proposals
44 (i) developed by the state council on children and families in coor-
45 dination with the commissioner, (ii) approved by the director of the
46 budget and (iii) issued by the commissioner, to school districts, or
47 in a city with a population of one million or more an eligible enti-
48 ty, to improve student outcomes through the implementation of commu-
49 nity schools programs that use school buildings as community hubs to
50 deliver co-located or school-linked academic, health, mental health,
51 nutrition, counseling, legal and/or other services to students and
52 their families. In a city with a population of one million or more,
53 eligible entities shall mean the city school district of the city of
54 New York, or not-for-profit organizations, which shall include not-
55 for-profit community-based organizations. An eligible entity that is
56 a not-for-profit may apply for a community school grant provided
A. 3896 5
1 that it collaborates with the city school district of the city of
2 New York and receives the approval of the chancellor of the city
3 school district of the city of New York. Provided, further, that
4 such grants shall be awarded based on factors including, but not
5 limited to, the following: (i) measures of school district need,
6 (ii) measures of the need of students to be served by each of the
7 school districts, (iii) the school district's proposal to target the
8 highest need schools and students, (iv) the sustainability of the
9 proposed community schools program, and (v) proposal quality.
10 Provided, further, that to assess proposal quality in order to award
11 such funding, the commissioner shall take into account factors
12 including, but not limited to: (i) the extent to which the school
13 district's proposal would provide such community services through
14 partnerships with local governments and non-profit organizations,
15 (ii) the extent to which the proposal would provide for delivery of
16 such services directly in school buildings, (iii) the extent to
17 which the proposal articulates how such services would facilitate
18 measurable improvement in student and family outcomes, (iv) the
19 extent to which the proposal articulates and identifies how existing
20 funding streams and programs would be used to provide such community
21 services, and (v) the extent to which the proposal ensures the safe-
22 ty of all students, staff and community members in school buildings
23 used as community hubs. Provided, however, that community schools
24 grants appropriated herein shall be paid to school districts in
25 installments upon successful implementation of each phase of a
26 school district's approved proposal. Provided, further, that no
27 school district shall receive more than forty percent of the total
28 community schools grant allocation, and that each individual commu-
29 nity school site shall be limited to a maximum grant of $500,000.
30 Provided, further, that notwithstanding any provision of law to the
31 contrary, the $5,500,000 appropriated herein available for a master
32 teachers program shall support the award of stipends of $15,000 per
33 annum over four years to individual high-performing teachers in
34 math, science and related fields, and of related costs, administered
35 by the state university of New York pursuant to a plan developed in
36 consultation with the commissioner, who shall consult with appropri-
37 ate state organizations representing K-12 public school teachers and
38 approved by the director of the budget, to build a corps of
39 outstanding math, science and related fields teachers in order to
40 improve the quality of instruction at public secondary schools.
41 Such plan for use of funding appropriated herein shall: (i) estab-
42 lish an application process; (ii) guidelines by which applications
43 from eligible teachers shall be evaluated, which shall include, but
44 not be limited to, achievement of a rating of highly effective on
45 the annual professional performance review; and (iii) provide peri-
46 odic opportunities for professional development for successful
47 applicants. Provided, further, that priority shall be given to
48 applicants in regions of the state where a similar program is not
49 otherwise offered. Notwithstanding any provision of law to the
50 contrary, upon approval of the director of the budget, such
51 $5,500,000 of master teachers program funding may be sub-allocated,
52 interchanged, transferred or otherwise made available to the state
53 university of New York for the sole purpose of administering such
54 program. Nothing herein shall be construed to limit the rights of
55 labor organizations representing teachers to collectively bargain
A. 3896 6
1 terms and conditions pursuant to article 14 of the civil service
2 law.
3 Provided, further, that notwithstanding any provision of law to the
4 contrary, the $2,000,000 appropriated herein available for the early
5 college high school program shall support the continuation and
6 expansion of such program pursuant to a plan developed by the
7 commissioner and approved by the director of the budget. Provided,
8 however, that a portion of the payments to early college high school
9 programs awarded funding from this appropriation shall be awarded on
10 a sliding scale based upon the number of college credits earned
11 annually by participating students, consistent with guidelines
12 established by the commissioner. Provided further that, notwith-
13 standing any provision of law to the contrary, higher education
14 partners participating in an early college high schools program, or
15 the entity/entities responsible for setting tuition at the institu-
16 tion, shall be authorized to set a reduced rate of tuition and/or
17 fees, or to waive tuition and/or fees entirely, for students
18 enrolled in such early college high schools program with no
19 reduction in other state, local or other support for such students
20 earning college credit that such higher education partner would
21 otherwise be eligible to receive.
22 Provided further that, notwithstanding any provision of law to the
23 contrary, of the amount appropriated herein, a minimum of
24 $12,500,000 shall be available for the payment of grant awards made
25 in the 2014-15 school year as follows: $2,500,000 of pathways in
26 technology early college high school program grants and $10,000,000
27 of [teacher excellence fund grants] collaborative curriculum devel-
28 opment fund awards; provided further that, notwithstanding any
29 provision of law to the contrary, such $25,000,000, plus any other
30 amounts so designated in other items of appropriation within the
31 general fund local assistance account office of prekindergarten
32 through grade twelve education program, shall constitute the compet-
33 itive awards amount authorized for the 2013-14 school year by chap-
34 ter 53 of the laws of 2013.
35 Provided further that, notwithstanding any provision of law to the
36 contrary, the $2,500,000 appropriated herein available for pathways
37 in technology early college high school (P-TECH) program grants
38 shall be awarded pursuant to a plan developed by the commissioner
39 and approved by the director of the budget, provided that such plan
40 shall include but not be limited to (i) assurances that K-12, higher
41 education and private-sector partners commit to the required
42 elements and responsibilities of a P-TECH program, (ii) provisions
43 to ensure regional diversity of grant recipients, and (iii) priority
44 for P-TECH programs serving students in academically challenged
45 school districts; provided further that the commissioner shall make
46 available the request for proposals for such program on or before
47 May fifteenth and the commissioner shall issue awards on or before
48 August fifteenth; and provided further that a portion of the
49 payments to P-TECH programs awarded funding from this appropriation
50 shall be made on a sliding scale based upon the number of college
51 credits earned annually by participating students, consistent with
52 guidelines established by the commissioner. Provided further that,
53 notwithstanding any provision of law to the contrary, higher educa-
54 tion partners participating in a P-TECH program, or the
55 entity/entities responsible for setting tuition at the institution,
56 shall be authorized to set a reduced rate of tuition and/or fees, or
A. 3896 7
1 to waive tuition and/or fees entirely, for students enrolled in such
2 P-TECH program with no reduction in other state, local or other
3 support for such students earning college credit that such higher
4 education partner would otherwise be eligible to receive.
5 Provided further that, notwithstanding any provision of law to the
6 contrary, the $10,000,000 appropriated herein available for [teacher
7 excellence fund grants shall be awarded to eligible school districts
8 pursuant to a request for proposals based on a plan developed by the
9 commissioner and approved by the director of the budget; provided
10 that such plan shall include an application for award of such grants
11 to such eligible school districts to provide annual teacher excel-
12 lence fund performance awards of up to $20,000 to eligible teachers
13 rated as "highly effective" on the most recent annual professional
14 performance review, in accordance with the requirements of section
15 3012-c of the education law and the regulations of the commissioner,
16 pursuant to such districts' approved applications; provided that in
17 making such grants the commissioner shall prioritize school
18 districts' applications based on factors including but not limited
19 to (i) the extent to which the school district's application would
20 recognize and reward such teachers in school buildings with the
21 greatest academic need, in difficult-to-staff subject or certif-
22 ication areas and grade levels, and at critical points in a teach-
23 er's career in order to encourage highly effective teachers to
24 remain in the classroom, and (ii) the quality of the school
25 district's application; and provided further that the commissioner
26 shall make available the application for such grants on or before
27 May fifteenth and the commissioner shall issue preliminary grant
28 awards on or before October fifteenth.] collaborative curriculum
29 development fund awards shall be allocated in an amount of up to
30 twenty thousand dollars to school districts that have or will under-
31 go curriculum development. On an annual basis, eligible school
32 districts may submit an application to the commissioner, in a form
33 and manner prescribed by the commissioner, to request funding pursu-
34 ant to this subdivision. The commissioner shall make available such
35 application on or before May fifteenth of the preceding school year
36 and the commissioner shall issue preliminary collaborative curric-
37 ulum development fund grant awards on or before October fifteenth of
38 the school year in which the eligible school district shall receive
39 a collaborative curriculum development fund award.
40 Notwithstanding section 40 of the state finance law or any provision
41 of law to the contrary, this appropriation shall lapse on March 31,
42 2016 ... 250,000,000 ............................ (re. $245,192,000)
43 Funds appropriated herein shall be used to provide competitive grants
44 pursuant to a request for proposals, developed by the commissioner
45 and approved by the director of budget, to those school districts
46 that are participating in the race to the top program and/or which
47 demonstrate satisfactory progress, as determined by the commission-
48 er, towards implementation of elements such as high quality student
49 assessments; use of data to improve instruction and student perform-
50 ance and provision of professional development to improve teacher
51 performance; and that those eligible districts also demonstrate the
52 most improved academic achievement gains and student outcomes such
53 as establishing or expanding participation in college level or early
54 college programs; and other appropriate measures of student perform-
55 ance; provided further that in determining the amount of the award
56 to be made from the funds appropriated herein for those school
A. 3896 8
1 districts identified as making the greatest achievement gains and
2 eligible for such award, the maximum grant award available to each
3 school district shall be based upon the size of the district meas-
4 ured by public school enrollment of the district; and provided
5 further that such amount shall be adjusted based upon measures of
6 district need and provided further that no district receiving a
7 grant may be awarded more than forty percent of the total amount
8 awarded; and provided further that any such funds awarded to a
9 school district shall be used to increase student performance,
10 narrow the achievement gap, and increase academic performance in
11 traditionally underserved student groups.
12 Provided further that, notwithstanding any provision of law to the
13 contrary, in addition to the competitive awards amount as defined in
14 paragraph ee of subdivision 1 of section 3602 of the education law,
15 a minimum of $37,500,000 shall be available for the payment of grant
16 awards made in the 2013-14 school year, with additional amounts to
17 be made available in the 2014-15 state fiscal year as necessary to
18 continue such awards and make an additional round of awards pursuant
19 to subdivision 6-a of section 3641 of the education law in the
20 2014-15 school year not to exceed the amount awarded in the 2013-14
21 school year pursuant to such subdivision 6-a, and such $37,500,000
22 shall be made available for $12,500,000 of pre-kindergarten grants,
23 $10,000,000 of school-wide extended learning grants, $7,500,000 of
24 community schools grants, $5,500,000 for a master teacher program
25 and $2,000,000 for the early college high school program; provided,
26 however, that no school district shall receive any portion of the
27 funds appropriated herein unless it shall have submitted documenta-
28 tion that has been approved by the commissioner by September 1 of
29 2013 and of each school year in which a payment to such district
30 from this appropriation would otherwise be made demonstrating that
31 it has fully implemented new standards and procedures for conducting
32 annual professional performance reviews of classroom teachers and
33 building principals to determine teacher and principal effective-
34 ness.
35 Provided, further, that notwithstanding any provision of law to the
36 contrary, the $12,500,000 appropriated herein available for full-day
37 and half-day pre-kindergarten grants shall be awarded, based on a
38 request for proposals developed by the commissioner and approved by
39 the director of the budget, to school districts to establish new
40 full-day and half-day pre-kindergarten placements and/or to convert
41 existing half-day pre-kindergarten placements into full-day place-
42 ments; provided that preference shall be granted for full-day place-
43 ments while ensuring that a portion of grants include half-day
44 placements based on eligible applications; and provided, further,
45 that such grants shall only be used to supplement, not supplant
46 existing pre-kindergarten programs, and provided further, however,
47 that any portion of such $12,500,000 that is not awarded shall
48 remain available for subsequent awards in the 2013-14 school year or
49 for full-day and half-day pre-kindergarten grants to be awarded in
50 subsequent school years. Provided, further, that such grants from
51 funds appropriated herein shall be awarded based on factors includ-
52 ing, but not limited to, the following: (i) measures of school
53 district need, (ii) measures of the need of students to be served by
54 each of the school districts, (iii) the school district's proposal
55 to target the highest need schools and students, (iv) the extent to
56 which the district's proposal would prioritize funds to maximize the
A. 3896 9
1 total number of eligible children in the district served in pre-kin-
2 dergarten programs, and (v) proposal quality. Provided, however,
3 that full-day and half-day pre-kindergarten grants appropriated
4 herein shall only be available to support programs (i) that provide
5 instruction for at least five hours per school day for full-day
6 pre-kindergarten programs and at least two and one-half hours per
7 school day for half-day pre-kindergarten programs; (ii) that agree
8 to offer instruction consistent with the New York state pre-kinder-
9 garten foundation for the common core standards within three years;
10 (iii) that ensure that, to the extent community-based providers are
11 part of such program, such providers meet the requirements of para-
12 graphs d-1 and d-2 of subdivision 12 of section 3602-e of the educa-
13 tion law; and (iv) that otherwise comply with all of the same rules
14 and requirements as universal pre-kindergarten programs pursuant to
15 section 3602-e of the education law except as modified herein.
16 Provided, further, that a school district's pre-kindergarten grant
17 shall equal the product of (A) (i) two multiplied by the approved
18 number of new full-day pre-kindergarten placements plus (ii) the
19 approved number of half-day pre-kindergarten placement conversions
20 and new half-day pre-kindergarten placements, and (B) the district's
21 selected aid per pre-kindergarten pupil pursuant to subparagraph i
22 of paragraph b of subdivision 10 of section 3602-e of the education
23 law; provided, however, that no district shall receive a grant in
24 excess of the total actual grant expenditures incurred by the
25 district in the current school year as approved by the commissioner.
26 Provided, further, that as a condition of eligibility for receipt of
27 such funding, a school district shall agree to adopt approved quali-
28 ty indicators within two years, including, but not limited to, valid
29 and reliable measures of environmental quality, the quality of
30 teacher-student interactions and child outcomes, and ensure that any
31 such assessment of child outcomes shall not be used to make high-
32 stakes educational decisions for individual children. Provided,
33 further, that no school district shall receive more than forty
34 percent of the total pre-kindergarten grant allocation.
35 Provided, further, that notwithstanding any provision of law to the
36 contrary, the $10,000,000 appropriated herein available for school-
37 wide extended learning grants shall be awarded to school districts
38 or school districts in collaboration with not-for-profit community-
39 based organizations based on responses to a request for proposals
40 for planning and implementation grants that is (i) developed by the
41 commissioner; (ii) approved by the director of the budget; and (iii)
42 issued by the commissioner. Provided, further, that such grants
43 shall be awarded based on factors including, but not limited to, the
44 following: (i) the school district's proposal to target the schools
45 and students with the greatest need, and (ii) proposal quality.
46 Provided, further, that to assess proposal quality in order to award
47 implementation grant funding, the commissioner shall take into
48 account factors including, but not limited to: (i) the extent to
49 which the school district's proposal would maximize the use of the
50 additional learning time through a comprehensive restructuring of
51 the school day and/or year, (ii) the extent to which the proposal
52 would provide additional learning time for students in grades six
53 through eight, and (iii) how the additional learning time would be
54 utilized, including, but not limited to, additional time spent on
55 core academics. Provided, however, that no district shall be eligi-
56 ble to receive a school-wide extended learning grant unless its
A. 3896 10
1 proposal would increase student learning time by at least 25
2 percent. Provided, further, that a school district's schoolwide
3 extended learning implementation grant shall equal its average daily
4 attendance in the school-wide extended learning program multiplied
5 by the expected cost per pupil of the additional learning time;
6 provided, further, that the expected cost per pupil of the addi-
7 tional learning time shall equal the greater of $1,500 or (A) the
8 quotient of (i) the school district's approved operating expense,
9 pursuant to paragraph t of subdivision 1 of section 3602 of the
10 education law, for the year prior to the base year, divided by (ii)
11 the district's public school district enrollment, pursuant to
12 subparagraph (2) of paragraph n of such subdivision, for the year
13 prior to the base year, multiplied by (B) 10 percent (0.10), multi-
14 plied by (C) the quotient of (i) the average of the national consum-
15 er price indexes determined by the United States department of labor
16 for the 12-month period preceding January first of the base year,
17 divided by (ii) the average of the national consumer price indexes
18 determined by the United States department of labor for the 12-month
19 period preceding January first of the year two years prior to the
20 base year; provided, however, that in extraordinary cases the
21 commissioner may award a grant that exceeds the per pupil limit
22 described above; provided further, however, that no district shall
23 receive a grant in excess of the total actual grant expenditures
24 incurred by the district in the current school year as approved by
25 the commissioner. Provided, further, that no school district shall
26 receive more than forty percent of the total school-wide extended
27 learning grant allocation.
28 Provided, further, that notwithstanding any provision of law to the
29 contrary, the $7,500,000 appropriated herein available for community
30 schools grants shall be awarded, based on a request for proposals
31 (i) developed by the state council on children and families in coor-
32 dination with the commissioner, (ii) approved by the director of the
33 budget and (iii) issued by the commissioner, to school districts, or
34 in a city with a population of one million or more an eligible enti-
35 ty, to improve student outcomes through the implementation of commu-
36 nity schools programs that use school buildings as community hubs to
37 deliver co-located or school-linked academic, health, mental health,
38 nutrition, counseling, legal and/or other services to students and
39 their families. In a city with a population of one million or more,
40 eligible entities shall mean the city school district of the city of
41 New York, or not-for-profit organizations, which shall include not-
42 for-profit community-based organizations. An eligible entity that is
43 a not-for-profit may apply for a community school grant provided
44 that it collaborates with the city school district of the city of
45 New York and receives the approval of the chancellor of the city
46 school district of the city of New York. Provided, further, that
47 such grants shall be awarded based on factors including, but not
48 limited to, the following: (i) measures of school district need,
49 (ii) measures of the need of students to be served by each of the
50 school districts, (iii) the school district's proposal to target the
51 highest need schools and students, (iv) the sustainability of the
52 proposed community schools program, and (v) proposal quality.
53 Provided, further, that to assess proposal quality in order to award
54 such funding, the commissioner shall take into account factors
55 including, but not limited to: (i) the extent to which the school
56 district's proposal would provide such community services through
A. 3896 11
1 partnerships with local governments and non-profit organizations,
2 (ii) the extent to which the proposal would provide for delivery of
3 such services directly in school buildings, (iii) the extent to
4 which the proposal articulates how such services would facilitate
5 measurable improvement in student and family outcomes, (iv) the
6 extent to which the proposal articulates and identifies how existing
7 funding streams and programs would be used to provide such community
8 services, and (v) the extent to which the proposal ensures the safe-
9 ty of all students, staff and community members in school buildings
10 used as community hubs. Provided, however, that community schools
11 grants appropriated herein shall be paid to school districts in
12 installments upon successful implementation of each phase of a
13 school district's approved proposal. Provided, further, that no
14 school district shall receive more than forty percent of the total
15 community schools grant allocation, and that each individual commu-
16 nity school site shall be limited to a maximum grant of $500,000.
17 Provided, further, that notwithstanding any provision of law to the
18 contrary, the $5,500,000 appropriated herein available for a master
19 teachers program shall support the award of stipends of $15,000 per
20 annum over four years to individual high-performing teachers in
21 math, science and related fields, and of related costs, administered
22 by the state university of New York pursuant to a plan developed in
23 consultation with the commissioner, who shall consult with appropri-
24 ate state organizations representing K-12 public school teachers,
25 and approved by the director of the budget, to build a corps of
26 outstanding math, science and related fields teachers in order to
27 improve the quality of instruction at public secondary schools.
28 Such plan for use of funding appropriated herein shall: (i) estab-
29 lish an application process; (ii) guidelines by which applications
30 from eligible teachers shall be evaluated, which shall include, but
31 not be limited to, achievement of a rating of highly effective on
32 the annual professional performance review; and (iii) provide peri-
33 odic opportunities for professional development for successful
34 applicants. Provided, further, that priority shall be given to
35 applicants in regions of the state where a similar program is not
36 otherwise offered. Notwithstanding any provision of law to the
37 contrary, upon approval of the director of the budget, such
38 $5,500,000 of master teachers program funding may be sub-allocated,
39 interchanged, transferred or otherwise made available to the state
40 university of New York for the sole purpose of administering such
41 program. Nothing herein shall be construed to limit the rights of
42 labor organizations to collectively bargain terms and conditions
43 pursuant to article 14 of the civil service law.
44 Provided, further, that notwithstanding any provision of law to the
45 contrary, the $2,000,000 appropriated herein available for the early
46 college high school program shall support the continuation and
47 expansion of such program pursuant to a plan developed by the
48 commissioner and approved by the director of the budget. Provided,
49 however, that a portion of the payments to early college high school
50 programs awarded funding from this appropriation shall be awarded on
51 a sliding scale based upon the number of college credits earned
52 annually by participating students, consistent with guidelines
53 established by the commissioner. Provided further that, notwith-
54 standing any provision of law to the contrary, higher education
55 partners participating in an early college high schools program, or
56 the entity/entities responsible for setting tuition at the institu-
A. 3896 12
1 tion, shall be authorized to set a reduced rate of tuition and/or
2 fees, or to waive tuition and/or fees entirely, for students
3 enrolled in such early college high schools program with no
4 reduction in other state, local or other support for such students
5 earning college credit that such higher education partner would
6 otherwise be eligible to receive.
7 Provided further that, notwithstanding any provision of law to the
8 contrary, of the amount appropriated herein, a minimum of
9 $12,500,000 shall be available for the payment of grant awards made
10 in the 2014-15 school year as follows: $2,500,000 of pathways in
11 technology early college high school program grants and $10,000,000
12 of [teacher excellence fund grants] collaborative curriculum devel-
13 opment fund awards; provided further that, notwithstanding any
14 provision of law to the contrary, such $25,000,000, plus any other
15 amounts so designated in other items of appropriation within the
16 general fund local assistance account office of prekindergarten
17 through grade twelve education program, shall constitute the compet-
18 itive awards amount authorized for the 2013-14 school year by chap-
19 ter 53 of the laws of 2013.
20 Provided further that, notwithstanding any provision of law to the
21 contrary, the $2,500,000 appropriated herein available for pathways
22 in technology early college high school (P-TECH) program grants
23 shall be awarded pursuant to a plan developed by the commissioner
24 and approved by the director of the budget, provided that such plan
25 shall include but not be limited to (i) assurances that K-12, higher
26 education and private-sector partners commit to the required
27 elements and responsibilities of a P-TECH program, (ii) provisions
28 to ensure regional diversity of grant recipients, and (iii) priority
29 for P-TECH programs serving students in academically challenged
30 school districts; provided further that the commissioner shall make
31 available the request for proposals for such program on or before
32 May fifteenth and the commissioner shall issue awards on or before
33 August fifteenth; and provided further that a portion of the
34 payments to P-TECH programs awarded funding from this appropriation
35 shall be made on a sliding scale based upon the number of college
36 credits earned annually by participating students, consistent with
37 guidelines established by the commissioner. Provided further that,
38 notwithstanding any provision of law to the contrary, higher educa-
39 tion partners participating in a P-TECH program, or the
40 entity/entities responsible for setting tuition at the institution,
41 shall be authorized to set a reduced rate of tuition and/or fees, or
42 to waive tuition and/or fees entirely, for students enrolled in such
43 P-TECH program with no reduction in other state, local or other
44 support for such students earning college credit that such higher
45 education partner would otherwise be eligible to receive.
46 Provided further that, notwithstanding any provision of law to the
47 contrary, the $10,000,000 appropriated herein available for [teacher
48 excellence fund grants shall be awarded to eligible school districts
49 pursuant to a request for proposals based on a plan developed by the
50 commissioner and approved by the director of the budget; provided
51 that such plan shall include an application for award of such grants
52 to such eligible school districts to provide annual teacher excel-
53 lence fund performance awards of up to $20,000 to eligible teachers
54 rated as "highly effective" on the most recent annual professional
55 performance review, in accordance with the requirements of section
56 3012-c of the education law and the regulations of the commissioner,
A. 3896 13
1 pursuant to such districts' approved applications; provided that in
2 making such grants the commissioner shall prioritize school
3 districts' applications based on factors including but not limited
4 to (i) the extent to which the school district's application would
5 recognize and reward such teachers in school buildings with the
6 greatest academic need, in difficult-to-staff subject or certif-
7 ication areas and grade levels, and at critical points in a teach-
8 er's career in order to encourage highly effective teachers to
9 remain in the classroom, and (ii) the quality of the school
10 district's application; and provided further that the commissioner
11 shall make available the application for such grants on or before
12 May fifteenth and the commissioner shall issue preliminary grant
13 awards on or before October fifteenth.] collaborative curriculum
14 development fund awards shall be allocated in an amount of up to
15 twenty thousand dollars to school districts that have or will under-
16 go curriculum development. On an annual basis, eligible school
17 districts may submit an application to the commissioner, in a form
18 and manner prescribed by the commissioner, to request funding pursu-
19 ant to this subdivision. The commissioner shall make available such
20 application on or before May fifteenth of the preceding school year
21 and the commissioner shall issue preliminary collaborative curric-
22 ulum development fund grant awards on or before October fifteenth of
23 the school year in which the eligible school district shall receive
24 a collaborative curriculum development fund award.
25 Notwithstanding section 40 of the state finance law or any provision
26 of law to the contrary, this appropriation shall lapse on March 31,
27 2016 ... 250,000,000 ............................ (re. $242,290,000)
28 § 2. Subdivision 6-c of section 3641 of the education law is REPEALED.
29 § 3. Section 3641 of the education law is amended by adding a new
30 subdivision 6-c to read as follows:
31 6-c. Collaborative curriculum development fund. a. Within the amount
32 appropriated for such purpose, subject to a request for proposals devel-
33 oped by the commissioner and approved by the director of the budget, the
34 commissioner shall award collaborative curriculum development fund
35 grants pursuant to this subdivision to eligible school districts, begin-
36 ning in the two thousand fifteen--two thousand sixteen school year, to
37 provide awards to school districts that have or will undergo curriculum
38 development. For the purposes of this subdivision, curriculum shall be
39 set forth by the commissioner as defined in regulations.
40 (1) Collaborative curriculum development fund awards shall be allo-
41 cated in an amount of up to twenty thousand dollars to school districts
42 that have or will undergo curriculum development.
43 (2) On an annual basis, eligible school districts may submit an appli-
44 cation to the commissioner, in a form and manner prescribed by the
45 commissioner, to request funding pursuant to this subdivision.
46 (3) The commissioner shall make available such application on or
47 before May fifteenth of the preceding school year and the commissioner
48 shall issue preliminary collaborative curriculum development fund grant
49 awards on or before October fifteenth of the school year in which the
50 eligible school district shall receive a collaborative curriculum devel-
51 opment fund award.
52 (4) Applications submitted by eligible school districts shall include
53 information required by the commissioner including, but not limited to,
54 the extent to which the redevelopment of the school district's curric-
55 ulum: (i) utilizes the methods to develop new curricula; (ii) differs
A. 3896 14
1 from previous curricula utilized by the school district; and (iii)
2 relates to state learning standards.
3 (5) The commissioner shall prioritize applications submitted by eligi-
4 ble school districts based on factors including, but not limited to, the
5 factors described in subparagraph four of this paragraph and the quality
6 of the proposal.
7 b. For the purpose of this subdivision, the term "eligible school
8 district" shall mean a common, union free, central, central high school,
9 city, or special act school district.
10 § 4. This act shall take effect immediately.
