Authorizes the commissioner of education to appoint a monitor to oversee the Mount Vernon city school district; establishes the powers and duties of such monitor.
STATE OF NEW YORK
________________________________________________________________________
7575
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT authorizing the commissioner of education to appoint a monitor to
oversee the Mount Vernon city school district and establishing the
powers and duties of such monitor; and providing for the repeal of
such provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. Definitions. As used in this act:
2 (a) "Commissioner" shall mean the commissioner of education;
3 (b) "Department" shall mean the state education department;
4 (c) "Board of education" or "board" shall mean the board of education
5 of the Mount Vernon city school district;
6 (d) "School district" or "district" shall mean the Mount Vernon city
7 school district;
8 (e) "Superintendent" shall mean the superintendent of the Mount Vernon
9 city school district; and
10 (f) "Relatives" shall mean a Mount Vernon city school district board
11 member's spouse, domestic partner, child, stepchild, stepparent, or any
12 person who is a direct descendant of the grandparents of a current board
13 member or a board member's spouse or domestic partner.
14 2. Appointment of a monitor. The commissioner shall appoint one moni-
15 tor to provide oversight, guidance and technical assistance related to
16 the educational and fiscal policies, practices, programs and decisions
17 of the school district, the board of education and the superintendent.
18 (a) The monitor, to the extent practicable, shall have experience in
19 school district finances and one or more of the following areas:
20 (i) elementary and secondary education;
21 (ii) the operation of school districts in New York;
22 (iii) educating students with disabilities; and
23 (iv) educating English language learners.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10917-01-5
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1 (b) The monitor shall be a non-voting ex-officio member of the board
2 of education. The monitor shall be an individual who is not a resident,
3 employee of the school district or relative of a board member of the
4 school district at the time of their appointment.
5 (c) The reasonable and necessary expenses incurred by the monitor
6 while performing their official duties which are not otherwise provided
7 for by the state shall be paid by the school district. The state of New
8 York shall annually appropriate one hundred and seventy-five thousand
9 dollars ($175,000) to the Mount Vernon city school district to support
10 costs associated with such expenses. Notwithstanding any other provision
11 of law, the monitor shall be entitled to defense and indemnification by
12 the school district to the same extent as a school district employee.
13 3. Meetings. (a) The monitor shall be entitled to attend all meetings
14 of the board, including executive sessions; provided however, such moni-
15 tor shall not be considered for purposes of establishing a quorum of the
16 board. The school district shall fully cooperate with the monitor
17 including, but not limited to, providing such monitor with access to any
18 necessary documents and records of the district including access to
19 electronic information systems, databases and planning documents,
20 consistent with all applicable state and federal statutes including, but
21 not limited to, Family Education Rights and Privacy Act (FERPA) (20
22 U.S.C. § 1232g) and section 2-d of the education law.
23 (b) The board, in consultation with the monitor, shall adopt a
24 conflict of interest policy that complies with all existing applicable
25 laws, rules and regulations that ensures its board members and adminis-
26 tration act in the school district's best interest and comply with
27 applicable legal requirements. The conflict of interest policy shall
28 include, but not be limited to:
29 (i) a definition of the circumstances that constitute a conflict of
30 interest;
31 (ii) procedures for disclosing a conflict of interest to the board;
32 (iii) a requirement that the person with the conflict of interest not
33 be present at or participate in board deliberations or votes on the
34 matter giving rise to such conflict, provided that nothing in this
35 subdivision shall prohibit the board from requesting that the person
36 with the conflict of interest present information as background or
37 answer questions at a board meeting prior to the commencement of delib-
38 erations or voting relating thereto;
39 (iv) a prohibition against any attempt by the person with the conflict
40 to influence improperly the deliberation or voting on the matter giving
41 rise to such conflict; and
42 (v) a requirement that the existence and resolution of the conflict be
43 documented in the board's records, including in the minutes of any meet-
44 ing at which the conflict was discussed or voted upon.
45 4. Public hearings. (a) The monitor shall schedule three public hear-
46 ings to be held within sixty days of their appointment, which shall
47 allow public comment from the district's residents, students, parents,
48 employees, board members and administration.
49 (i) The first hearing shall take public comment on existing statutory
50 and regulatory authority of the commissioner, the department and the
51 board of regents regarding school district governance and intervention
52 under applicable state law and regulations, including but not limited
53 to, sections 306, 211-c, and 211-f of the education law.
54 (ii) The second hearing shall take public comment on the academic
55 performance of the district.
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1 (iii) The third hearing shall take public comment on the fiscal
2 performance of the district.
3 (b) The board of education and the monitor shall consider these public
4 comments when developing the financial plan and academic improvement
5 plan under this act.
6 5. Financial plan. (a) No later than November first, two thousand
7 twenty-five, the board of education and the monitor shall develop a
8 proposed financial plan for the two thousand twenty-five--two thousand
9 twenty-six school year and the four subsequent school years. The finan-
10 cial plan shall ensure that annual aggregate operating expenses shall
11 not exceed annual aggregate operating revenues for such school year and
12 that the major operating funds of the district be balanced in accordance
13 with generally accepted accounting principles. The financial plan shall
14 include statements of all estimated revenues, expenditures, and cash
15 flow projections of the district.
16 (b) If the board of education and the monitor agree on all the
17 elements of the proposed financial plan, the board of education shall
18 conduct a public hearing on the plan and consider the input of the
19 community. The proposed financial plan shall be made public on the
20 district's website at least three business days before such public hear-
21 ing. Once the proposed financial plan has been approved by the board of
22 education, such plan shall be submitted by the monitor to the commis-
23 sioner for approval and shall be deemed approved for the purposes of
24 this act.
25 (c) If the board of education and the monitor do not agree on all the
26 elements of the proposed financial plan, the board of education shall
27 conduct a public hearing on the proposed plan that details the elements
28 of disagreement between the monitor and the board, including documented
29 justification for such disagreements and any requested amendments from
30 the monitor. The proposed financial plan, elements of disagreement, and
31 requested amendments shall be made public on the district's website at
32 least three business days before such public hearing. After considering
33 the input of the community, the board may alter the proposed financial
34 plan and the monitor may alter their requested amendments, and the moni-
35 tor shall submit the proposed financial plan, their amendments to the
36 plan, and documentation providing justification for such disagreements
37 and amendments to the commissioner no later than December first, two
38 thousand twenty-five. By January fifteenth, two thousand twenty-six, the
39 commissioner shall approve the proposed plan with any of the monitor's
40 proposed amendments, or make other modifications, such commissioner
41 deems appropriate. The board of education shall provide the commissioner
42 with any information such commissioner requests to approve such plan
43 within three business days of such request. Upon the approval of the
44 commissioner, the financial plan shall be deemed approved for purposes
45 of this act.
46 6. Academic improvement plan. (a) No later than November first, two
47 thousand twenty-five, the board of education and the monitor shall
48 develop an academic improvement plan for the district's two thousand
49 twenty-five--two thousand twenty-six school year and the four subsequent
50 school years. The academic improvement plan shall contain a series of
51 programmatic recommendations designed to improve academic performance
52 over the period of the plan in those academic areas that the commission-
53 er deems to be in need of improvement which shall include addressing the
54 provisions contained in any action plan set forth by the department.
55 (b) If the board of education and the monitor agree on all the
56 elements of the proposed academic improvement plan, the board of educa-
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1 tion shall conduct a public hearing on the plan and consider the input
2 of the community. The proposed academic improvement plan shall be made
3 public on the district's website at least three business days before
4 such public hearing. Once the proposed academic improvement plan has
5 been approved by the board of education, such plan shall be submitted by
6 the monitor to the commissioner for approval and shall be deemed
7 approved for the purposes of this act.
8 (c) If the board of education and the monitor do not agree on all the
9 elements of the proposed academic improvement plan, the board of educa-
10 tion shall conduct a public hearing on the proposed plan that details
11 the elements of disagreement between the monitor and the board, includ-
12 ing documented justification for such disagreements and any requested
13 amendments from the monitor. The proposed academic improvement plan,
14 elements of disagreement, and requested amendments shall be made public
15 on the district's website at least three business days before such
16 public hearing. After considering the input of the community, the board
17 may alter the proposed academic improvement plan and the monitor may
18 alter their requested amendments, and the monitor shall submit the
19 proposed academic improvement plan, their amendments to the plan, and
20 documentation providing justification for such disagreements and amend-
21 ments to the commissioner no later than December first, two thousand
22 twenty-five. By January fifteenth, two thousand twenty-six, the commis-
23 sioner shall approve the proposed plan with any of the monitor's
24 proposed amendments, or make other modifications, such commissioner
25 deems appropriate. The board of education shall provide the commissioner
26 with any information such commissioner requests to approve such plan
27 within three business days of such request. Upon the approval of the
28 commissioner, the academic improvement plan shall be deemed approved for
29 purposes of this act.
30 7. Fiscal and operational oversight. (a) The board of education shall
31 annually submit the school district's proposed budget for the next
32 succeeding school year to the monitor no later than March first prior to
33 the school district's annual budget vote. The monitor shall review the
34 proposed budget to ensure that it is balanced within the context of
35 revenue and expenditure estimates and mandated programs. The monitor
36 shall also review the proposed budget to ensure that it, to the greatest
37 extent possible, is consistent with the district academic improvement
38 plan and financial plan developed and approved pursuant to this act.
39 The monitor shall present their findings to the board of education and
40 the commissioner no later than forty-five days prior to the date sched-
41 uled for the school district's annual budget vote. The commissioner
42 shall require the board of education to make amendments to the proposed
43 budget consistent with any recommendations made by the monitor if the
44 commissioner determines such amendments are necessary to comply with the
45 financial plan and academic improvement plan under this act. The school
46 district shall make available on the district's website: the initial
47 proposed budget, the monitor's findings, and the final proposed budget
48 at least seven days prior to the date of the school district's budget
49 hearing. In the event of a revote, the board of education, in conjunc-
50 tion with the monitor, shall develop and submit the school district's
51 proposed budget for the next succeeding school year to the commissioner
52 no later than seven days prior to the budget hearing. The board of
53 education shall provide the commissioner with any information such
54 commissioner requests in order to make a determination pursuant to this
55 subdivision within three business days of such request.
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1 (b) The district shall provide quarterly reports to the monitor and
2 annual reports to the commissioner and board of regents on the academic,
3 fiscal, and operational status of the school district. In addition, the
4 monitor shall provide semi-annual reports to the commissioner, board of
5 regents, the governor, the temporary president of the senate, and the
6 speaker of the assembly on the academic, fiscal, and operational status
7 of the school district. Such semi-annual report shall include all the
8 contracts that the district entered into throughout the year.
9 (c) The monitor shall have the authority to disapprove travel outside
10 the state paid for by the district.
11 (d) The monitor shall work with the district's shared decision-making
12 committee as defined in 8 NYCRR 100.11 in developing the academic
13 improvement plan, financial plan, district goals, implementation of
14 district priorities and budgetary recommendations.
15 (e) The monitor shall assist in resolving any disputes and conflicts,
16 including but not limited to, those between the superintendent and the
17 board of education and among the members of the board of education.
18 (f) The monitor may recommend, and the board shall consider by vote of
19 a resolution at the next scheduled meeting of the board, cost saving
20 measures including, but not limited to, shared service agreements.
21 8. The commissioner may overrule any decision of the monitor, except
22 for collective bargaining agreements negotiated in accordance with arti-
23 cle 14 of the civil service law, if such commissioner deems that such
24 decision is not aligned with the financial plan, academic improvement
25 plan, or the school district's budget.
26 9. The monitor may notify the commissioner and the board in writing
27 when such monitor deems the district is violating an element of the
28 financial plan or academic improvement plan in this act. Within twenty
29 days, the commissioner shall determine whether the district is in
30 violation of any of the elements of the plans highlighted by the monitor
31 and shall order the district to comply immediately with the plans and
32 remedy any such violation. The school district shall suspend all actions
33 related to the potential violation of the financial plan or academic
34 improvement plan until the commissioner issues a determination.
35 10. Nothing in this act shall be construed to abrogate the duties and
36 responsibilities of the school district consistent with applicable state
37 law and regulations.
38 § 2. This act shall take effect immediately, provided, however that
39 this act shall expire and be deemed repealed June 30, 2030.
