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A07673 Summary:

BILL NOA07673
 
SAME ASSAME AS S06825
 
SPONSORCunningham
 
COSPNSR
 
MLTSPNSR
 
Amd §679-j, add §§3004-d, 3004-e & 3004-f, Ed L; amd §601, Tax L
 
Relates to promoting equity and diversity in educational leadership and prioritize the issuance of new charters to community-based organizations run by individuals from historically underrepresented communities.
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A07673 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7673
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 4, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Education
 
        AN ACT to amend the education law and the tax law, in relation to enact-
          ing the public education racial equity and diversity act
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall be known and may be cited as the "public
     2  education racial equity and diversity act".
     3    § 2. Section 679-j of the education law, as added by section 1 of part
     4  AA of chapter 56 of the laws of 2018, is amended to read as follows:
     5    § 679-j. The New York  state  teacher  loan  forgiveness  program.  1.
     6  Purpose.  The  president shall grant student loan forgiveness awards for
     7  the purpose of increasing the number of teachers serving in  the  state,
     8  generally,  and the number of teachers serving in the state who meet the
     9  ethnic definition of minority group member, specifically.
    10    2. Eligibility. To be eligible for an award pursuant to this  subdivi-
    11  sion,  applicants  shall  (a) be certified as a teacher; (b) be employed
    12  full time in this state in an elementary or secondary school; (c) comply
    13  with subdivisions three and five of section  six  hundred  sixty-one  of
    14  this  part;  (d) have an outstanding student loan debt; and (e) meet one
    15  of the following criteria:
    16    (i) teach in a shortage subject area;
    17    (ii) teach in a hard to staff district; [or]
    18    (iii) the applicant is economically disadvantaged, as defined  by  the
    19  corporation[.]; or
    20    (iv)  the  applicant  meets  the  ethnic  definition of minority group
    21  member as defined in article fifteen-A of the executive law.
    22    3. Definitions. For the purposes of this section[,]:
    23    (a) the term "shortage subject area" shall mean a  curriculum  subject
    24  matter  or practice of teaching where there is a shortage of teachers in
    25  New York state, as designated by the department[, and];

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11300-01-5

        A. 7673                             2
 
     1    (b) the term "hard  to  staff  school  districts"  shall  mean  school
     2  districts that have a shortage of teachers, as designated by the depart-
     3  ment[.]; and
     4    (c)  the term "minority group member" shall mean a United States citi-
     5  zen or permanent resident alien who is and can demonstrate membership in
     6  one of the following groups:
     7    (i) Black persons having origins in any of the  Black  African  racial
     8  groups;
     9    (ii)  Hispanic/Latino  persons  of  Mexican,  Puerto Rican, Dominican,
    10  Cuban, Central or South American of either Indian  or  Hispanic  origin,
    11  regardless of race;
    12    (iii)  Native American or Alaskan native persons having origins in any
    13  of the original peoples of North America;
    14    (iv) Asian and Pacific Islander persons having origins in any  of  the
    15  Far  East  countries,  South  East  Asia, the Indian subcontinent or the
    16  Pacific Islands.
    17    4. Priority. Such awards shall be made annually to applicants  in  the
    18  following priority:
    19    (a)  First  priority  shall  be  given to applicants who have received
    20  payment of an award pursuant to this section in a prior year and who, in
    21  the year prior to application, are teachers [in] (i) in a subject short-
    22  age area, [or] (ii) in a hard to staff school  district,  or  (iii)  who
    23  meet the ethnic definition of minority group member;
    24    (b) Second priority shall be given to applicants who have not received
    25  payment of an award pursuant to this section in a prior year and who are
    26  teachers [in] (i) in a subject shortage area, [or] (ii) in hard to staff
    27  school  district,  or  (iii)  who meet the ethnic definition of minority
    28  group member in the year prior to such application; and
    29    (c) Third priority shall be given to applicants who  are  economically
    30  disadvantaged as defined by the corporation.
    31    5.  Awards.  The corporation shall grant awards pursuant to the amount
    32  appropriated for such purpose and based on availability of funds  in  an
    33  amount up to [five] ten thousand dollars to individuals who are employed
    34  full-time  as  teachers  for  the school year prior to such application,
    35  provided that no recipient shall receive an award that exceeds the total
    36  remaining balance of the student loan debt pursuant to this section[, in
    37  excess of twenty thousand dollars].
    38    6. Rules and regulations. The corporation is authorized to  promulgate
    39  rules and regulations and may promulgate emergency regulations necessary
    40  for  the  implementation of the provisions of this section. In the event
    41  that there are more applicants who have the same priority,  as  provided
    42  in  subdivision  four  of this section, than there are remaining awards,
    43  the corporation shall provide in regulation the method  of  distributing
    44  the  remaining  number  of  such  awards, which may include a lottery or
    45  other form of random selection.
    46    § 3. The education law is amended by adding three new sections 3004-d,
    47  3004-e and 3004-f to read as follows:
    48    § 3004-d. Alternative teacher certification requirements.  1.  Teacher
    49  certification  compliance.  An education corporation may submit to their
    50  charter authorizer and a district school may submit to its local  educa-
    51  tion  agency  as  defined  in  section three thousand thirty-two of this
    52  article, for approval of an instructional program as defined in subdivi-
    53  sion two of this section for teachers who meet the ethnic definition  of
    54  minority  group  member  set forth in article fifteen-A of the executive
    55  law as well as the requirements set forth in this section. The  require-
    56  ments  of  an approved instructional program under this section shall be

        A. 7673                             3
 
     1  considered equivalent to the certification  requirements  applicable  to
     2  other public schools of the state for the purposes of paragraph (a-1) of
     3  subdivision  three  of  section  twenty-eight hundred fifty-four of this
     4  chapter.  For  the  purposes  of this section the term "applicant" shall
     5  refer to any education corporation or district school  who  submits  for
     6  approval of an instructional program pursuant to this section.
     7    2.  Instructional  program.  An  applicant  may  at  any time submit a
     8  proposed instructional program to its charter authorizer or local educa-
     9  tion agency for approval. If a charter authorizer has denied an applica-
    10  tion or revoked or closed an instructional program,  the  applicant  may
    11  submit a revised proposed instructional program to its charter authoriz-
    12  er.  In order to be eligible to apply, an applicant shall be approved to
    13  operate at least one school.  An  instructional  program  shall  not  be
    14  eligible for approval unless it meets the minimum requirements set forth
    15  in this section.
    16    3. Academic success requirements. a. The applicant shall have a demon-
    17  strated record of academic success as follows:
    18    (i) For an education corporation, fifty percent of applicant's charter
    19  schools  with students participating in grades three through eight state
    20  administered standardized English language arts and  mathematic  assess-
    21  ments examinations shall have performed better on such examinations than
    22  the  district  schools  in  the  school  districts  in which the charter
    23  schools are located;
    24    (ii) For an education corporation that offers instruction in the  high
    25  school  grades,  such  charter  schools  shall have met sixty percent of
    26  their accountability plan pursuant to  the  performance  agreement  with
    27  their charter authorizer; or
    28    (iii)  For  an education corporation that offers instruction in grades
    29  three through eight and the high school grades, the applicant's  charter
    30  authorizer shall weigh the grades accordingly; or
    31    (iv) For district schools that primarily offers education to a special
    32  population, including a student with disabilities or a student who is an
    33  English  language learner, such schools shall have performed better than
    34  the  students  of  the  applicable  special  population  in  the  school
    35  districts in which the charter school is located and at least one of the
    36  applicant's  schools  shall have received a renewal within the last five
    37  years and if two or more education corporations are  applying  together,
    38  at least one school from each education corporation shall meet the stan-
    39  dard  set forth in this subparagraph. For purposes of this subparagraph,
    40  the school district in which a charter school is located shall mean, for
    41  the city school district of the city of New York, the community district
    42  in which a charter school is located.
    43    b. An education corporation shall be authorized to  contract  with  an
    44  institution  of  higher  education  to  provide an instructional program
    45  pursuant to this section, provided  however,  that  the  institution  of
    46  higher  education shall not have had a graduate-level teacher and leader
    47  education program suspended or deregistered by  the  department  at  any
    48  time.
    49    c.  The applicant shall maintain high standards for candidates includ-
    50  ing completion of a master's degree in education or bachelor's degree or
    51  higher in any subject area from an accredited institution with a cumula-
    52  tive grade point average of 3.0 or higher, or its equivalent,  or  shall
    53  have  been  found to have the necessary knowledge and skills to success-
    54  fully complete the program as determined by its authorizer.
    55    4. Certificate titles requirements. a. Certificate titles  offered  by
    56  an instructional program may include, but are not limited to:

        A. 7673                             4
 
     1    (i) Childhood education (pre-kindergarten through sixth grade);
     2    (ii)  Secondary  education  (fifth  grade  through twelfth grade) with
     3  specialization in primary subject areas which may include, but  are  not
     4  limited to:
     5    (A) Humanities;
     6    (B) Mathematics; and
     7    (C) Science;
     8    (iii)  Childhood  students with disabilities (pre-kindergarten through
     9  sixth grade);
    10    (iv) Secondary students with disabilities (fifth grade through twelfth
    11  grade);
    12    (v) Childhood English for speakers of other languages  (pre-kindergar-
    13  ten through sixth grade); and
    14    (vi)  Secondary  English  for speakers of other languages (fifth grade
    15  through twelfth grade).
    16    b. The instructional program shall include:
    17    (i) One hundred sixty clock hours of  classroom  instruction  content,
    18  including  content  core  study  and pedagogical core study, which shall
    19  provide the necessary knowledge  base,  understanding,  and  skills  for
    20  teaching  students in the respective grade levels, and in the respective
    21  subject areas, for the certification being sought. The one hundred sixty
    22  clock hours are in addition to any credit hours earned by candidates  as
    23  part  of  the  required  bachelor's  degree referenced in paragraph c of
    24  subdivision three of this section. For the purposes of this subparagraph
    25  "classroom instruction content" shall  include  curriculum  and  content
    26  specific to the certification being sought, instructional strategies and
    27  planning,  classroom and behavioral management, and shall be designed to
    28  prepare candidates to instruct students with a range  of  abilities  and
    29  differentiate instruction to enhance the learning of all students in the
    30  content  areas  of  the  certificate.  A candidate may seek dual certif-
    31  ication in two different titles, for which the one hundred  sixty  total
    32  clock  hours  shall  be appropriate for the dual titles being sought. If
    33  one of the titles sought is students with disabilities, at least  twenty
    34  of  the  one  hundred  sixty  clock  hours  shall include the additional
    35  students with disabilities training required pursuant to paragraph e  of
    36  this section.
    37    (ii)  Forty clock hours of field experience appropriate to the certif-
    38  ication being sought, with at least six of the forty  hours  focused  on
    39  meeting  the  needs  of  students  with disabilities, with the candidate
    40  primarily responsible for classroom instruction, and  under  supervision
    41  of an experienced teacher with the following qualifications:
    42    (A)  certified  in the subject, area or grade range of instruction, as
    43  applicable; or
    44    (B) uncertified teachers who:
    45    (1) have at least three years of satisfactory  elementary,  middle  or
    46  secondary classroom experience; or
    47    (2) are tenured, tenure track or adjunct college faculty; or
    48    (3)  have  two  years of satisfactory experience through the Teach for
    49  America program or similar programs as  determined  by  the  applicant's
    50  authorizer.
    51    c.  A candidate may seek a dual certification in two different titles,
    52  for which the candidate shall complete forty  total  field  hours,  with
    53  approximately one-half of such field hours focused on each certification
    54  title sought.
    55    d. Candidates teaching within the initial three-year period of certif-
    56  ication shall receive periodic mentoring by a principal, assistant prin-

        A. 7673                             5
 
     1  cipal,  a  teacher  qualified  to  oversee  field experience pursuant to
     2  subparagraph (ii) of paragraph b of this  subdivision,  or  a  qualified
     3  instructional  program instructor pursuant to paragraph e of this subdi-
     4  vision  which shall be designed to meet the individual learning needs of
     5  the candidate.
     6    e. The following additional coursework shall also be included  in  the
     7  instructional  program  if  such  coursework is necessary for the titles
     8  sought:
     9    (i) Completion of a workshop approved by the department on the  proper
    10  process to report child abuse and neglect in accordance with subdivision
    11  two of section three thousand four of this article;
    12    (ii)  Completion  of  a  workshop approved by the department on school
    13  violence intervention and  prevention  in  accordance  with  subdivision
    14  three of section three thousand four of this article;
    15    (iii)  Six clock hours of coursework or training on harassment, bully-
    16  ing and discrimination prevention and intervention, as  such  terms  are
    17  defined  in  section  eleven  of  this  chapter  in  accordance with the
    18  purposes of subdivision five of section fourteen of this chapter; and/or
    19    (iv) For candidates seeking certification in students  with  disabili-
    20  ties  or  English for speakers of other languages, classroom instruction
    21  shall focus on  developing  knowledge,  understanding,  and  skills  for
    22  teaching  students  with  disabilities  or  students  who  are   English
    23  language learners, respectively, including enhanced coursework or train-
    24  ing. Field experience shall be completed  under  the  supervision  of  a
    25  teacher  certified in students with disabilities or English for speakers
    26  of other languages, respectively,  and  the  candidate  seeking  certif-
    27  ication shall spend:
    28    (A)  For students with disabilities, a majority of a candidate's expe-
    29  rience hours shall be in an integrated co-teaching classroom or a class-
    30  room otherwise providing special services or programs as  such  term  is
    31  defined in section forty-four hundred one of this chapter;
    32    (B)  For English for speakers of other languages, a majority of candi-
    33  date's required forty clock hours of field  experience  in  a  bilingual
    34  education,  English  as  a  new  language or integrated English as a new
    35  language classroom as such terms are defined in part one hundred  fifty-
    36  four  of  title eight of the New York codes, rules and regulations or an
    37  equivalent classroom providing services  to  students  who  are  English
    38  language learners;
    39    (C)  For students with disabilities, in addition to the forty hours of
    40  required field experience, an additional forty hours observing and work-
    41  ing with students with an individualized education program;
    42    (D) For English for speakers of other languages, in  addition  to  the
    43  forty  clock  hours  of  required  field experience, an additional forty
    44  clock hours observing and working with students who are English language
    45  learners as such term is defined in section 154-2.2 of  title  eight  of
    46  the New York codes, rules and regulations; and
    47    (E)  For  students  with  disabilities,  at  least  ten clock hours of
    48  coursework or training in the law,  regulations  and  appropriate  tech-
    49  niques to address discipline of students with disabilities in accordance
    50  with the individuals with disabilities education act and any regulations
    51  promulgated thereunder.
    52    f. An instructional program instructor shall:
    53    (i) be a classroom teacher who has earned at least a bachelor's degree
    54  from an accredited institution and has two years teaching experience;
    55    (ii) be an administrator of the applicant who either:

        A. 7673                             6
 
     1    (A)  previously worked as a classroom teacher who would have qualified
     2  as instructors under subparagraph (i) of this paragraph; or
     3    (B) is a school administrator; or
     4    (iii)  has  the expertise, advanced study, or licensure appropriate to
     5  the field to teach effectively the course to which they are assigned  in
     6  the  appropriate  depth  and  breadth  as  determined by the department.
     7  Individuals qualified under this subparagraph shall be eligible only  to
     8  teach  a  portion  of the instructional program limited to the course in
     9  which they hold such expertise, advanced study, or licensure.  Eligibil-
    10  ity  of  an  individual  to  teach such course shall be subject to prior
    11  approval by the applicant's authorizer.
    12    g. Candidates enrolled in an instructional program shall be  regularly
    13  assessed  on  all  aspects  of  the proposed course of study. Assessment
    14  methods may include, but need not  be  limited  to,  testing,  portfolio
    15  reviews, or demonstration of pedagogical knowledge and skills, and shall
    16  include  a  final assessment utilizing one or more such method to deter-
    17  mine whether the candidate has satisfactorily demonstrated the competen-
    18  cies included in the instructional program. Such final assessment may be
    19  either the state teacher certification examination,  the  educating  all
    20  students  test,  or  an  examination  which  measures, at a minimum, all
    21  required elements of the educating all students test, and is approved by
    22  the department. For a candidate seeking certification in  students  with
    23  disabilities, such candidate shall be additionally assessed with the New
    24  York  state  content  specialty test in students with disabilities or an
    25  examination which measures, at a minimum, all required elements  of  the
    26  content specialty test, and is approved by the applicant's authorizer.
    27    5.  Approval  of  instructional  program.  a.  Applicants  may  submit
    28  proposed instructional programs to  their  authorizers.  Such  proposals
    29  shall  include  information  explaining  the  need for the instructional
    30  program and shall specify how the proposed  instructional  program  will
    31  meet the requirements of this section including by providing:
    32    (i) Proof that the applicant has a demonstrated record of success;
    33    (ii)  A  list  of  the certificates that will be offered by the appli-
    34  cant's instructional program;
    35    (iii) The required candidate qualifications;
    36    (iv) The qualifications of instructional program instructors;
    37    (v) The requirements for certification as a "certified  intern  teach-
    38  er";
    39    (vi) The competencies required for each certificate offered;
    40    (vii)  An  overview of the classroom instruction to be offered as part
    41  of the instructional program  including  how  program  instructors  will
    42  train candidates on how to teach students critical thinking skills; and
    43    (viii)  The  assessment methods to be used including the final assess-
    44  ment.
    45    b. A proposed instructional program shall be approved or denied within
    46  ninety days of submission to the applicant's authorizer. If  the  appli-
    47  cant's  authorizer  does not approve an instructional program within the
    48  timeframe set forth in this paragraph, the application shall be automat-
    49  ically approved. The authorizer may, but is not required to, permit  the
    50  applicant  to  amend  the application during or after the review period.
    51  The authorizer shall state the general reasons for a denial of an appli-
    52  cation in writing. There shall be no review of a denial by the committee
    53  or the board of trustees.
    54    c. Once the authorizer approves an applicant's instructional  program,
    55  the  applicant  shall  commence  instruction of candidates in accordance
    56  with the application and the requirements of this section.

        A. 7673                             7
 
     1    d. The requirements of an  approved  instructional  program  shall  be
     2  considered  equivalent  to  the certification requirements applicable to
     3  other public schools of the state for purposes  of  paragraph  (a-1)  of
     4  subdivision  three  of  section  twenty-eight hundred fifty-four of this
     5  chapter.
     6    6.  Teacher  certifications.  a.  A  teacher  enrolled  in an approved
     7  instructional program shall be granted certification  in  the  following
     8  manner and subject to the following conditions:
     9    (i)  If a candidate teacher is making adequate progress toward meeting
    10  the requirements of an approved  instructional  program,  the  candidate
    11  shall be eligible to receive a certificate as a "certified intern teach-
    12  er" so long as the candidate stays enrolled in the instructional program
    13  and  the  applicant  has  specified  in its application what constitutes
    14  "adequate progress" as defined by the department for  purposes  of  this
    15  subparagraph.    A certified intern teacher's certificate shall be valid
    16  for no longer than six months from the date it is granted, provided that
    17  such certificate may be  renewed  if  the  candidate  teacher  is  still
    18  enrolled  in  the instructional program. To receive such certificate, an
    19  approved applicant shall submit the  names  of  candidate  teachers  who
    20  qualify  to  the  authorizer, whereupon such candidate teachers shall be
    21  issued such certificate. The applicant shall certify as to the truthful-
    22  ness of such submission and shall retain all responsibility and  liabil-
    23  ity resulting from such approval; or
    24    (ii)  If  a  candidate teacher has met the requirements of an approved
    25  instructional program in one or more of the titles designated in  subdi-
    26  vision  four  of  this  section shall be eligible to receive a teacher's
    27  certificate for such title or titles. To receive such  certificate,  the
    28  candidate  teacher  shall  submit  documentation  thereof to an approved
    29  applicant, which shall approve or deny the teacher candidate for certif-
    30  ication within sixty days of  submission.  Such  determination  will  be
    31  based on:
    32    (A)  A review of submitted documentation demonstrating that the candi-
    33  date teacher has completed an approved  instructional  program  for  the
    34  title or titles sought;
    35    (B) A review of the results of a criminal history record search of the
    36  candidate  teacher  performed  by  the department at the direction of an
    37  education corporation as required under paragraph (a-2)  of  subdivision
    38  three  of  section  twenty-eight hundred fifty-four of this chapter. For
    39  purposes of this section, the term "criminal history record" shall  mean
    40  a  record  of all convictions of crimes and any pending criminal charges
    41  maintained on an individual by the division of criminal justice services
    42  and the federal bureau of investigation; and
    43    (C) A recommendation from the approved instructional program  certify-
    44  ing  that  the  candidate  teacher  has  satisfactorily demonstrated the
    45  competencies required by the instructional program. For candidate teach-
    46  ers seeking certification as a students with disabilities teacher or  an
    47  English  for  speakers  of  other languages teacher, such recommendation
    48  will specifically certify that the candidate teacher has  satisfactorily
    49  demonstrated  the  competencies required by the instructional program to
    50  teach students with disabilities or students who  are  English  language
    51  learners, respectively.
    52    b.  The  approved  applicant  shall  submit  the  names and supporting
    53  documentation of all candidate  teachers  approved  to  the  applicant's
    54  charter  authorizer,  whereupon  such  candidate teachers will be issued
    55  such certificate. The applicant shall certify as to the validity of such

        A. 7673                             8

     1  approval for certification under this subdivision and shall  retain  all
     2  responsibility and liability resulting from such approval.
     3    c.  Notwithstanding subdivision one of this section, a teacher holding
     4  a valid teaching certificate in good standing issued  by  another  state
     5  that  substantially complies with all other requirements of this section
     6  shall be eligible to receive a teacher's certificate  pursuant  to  this
     7  section without participation in an approved instructional program.
     8    d. The certification created by this section shall be transferrable to
     9  another  education corporation or district school even if the transferee
    10  school does not have an approved instructional program.
    11    e. A teacher's certificate  issued  pursuant  to  this  section  shall
    12  expire three years from the date it is granted. In the case of a teacher
    13  who  obtains an intern teacher's certificate prior to obtaining a teach-
    14  er's certificate, the period of time teaching under the intern teacher's
    15  certificate prior to obtaining a full  teacher's  certificate  shall  be
    16  included for purposes of calculating the three-year period. Such certif-
    17  ication may be renewed and remain valid provided that:
    18    (i)  The  teacher  is  employed by a charter school issued pursuant to
    19  article fifty-six of this chapter or a district school; and
    20    (ii) The employing education corporation submits to its authorizer, or
    21  in the case of a district school its local education agency, a recommen-
    22  dation for certification renewal based on its review  of  the  teacher's
    23  performance  over  the  course of his or her employment at the education
    24  corporation or district school.
    25    f. An applicant shall obtain a signed affirmation from each  candidate
    26  acknowledging  that the candidate has been informed by the applicant and
    27  is aware that the certification the candidate will receive  pursuant  to
    28  this  section is not transferrable to any education corporation or char-
    29  ter school not authorized by an authorized New York charter entity or in
    30  the case of a district school approved for transfer by its local  educa-
    31  tion agency. Such executed affirmation shall be obtained upon enrollment
    32  in an approved instructional program and shall be retained by the appli-
    33  cant for a period of not less than ten years from the date of the latest
    34  certificate issuance.
    35    7.  Accounting.  Each applicant with an approved instructional program
    36  shall reflect the budgeted costs for the instructional program separate-
    37  ly in its annual budget, and specifically account for the costs  thereof
    38  in  its  financial  statements. Applicants shall not charge employees or
    39  others for access to their instructional programs.
    40    8. Accountability and revocation. a. Each applicant shall be  account-
    41  able  for the quality of its instructional programs leading to exemption
    42  from  certification.  Charter  entities  and  local  education  agencies
    43  reserve  the  right  to  independently  assess  and monitor all approved
    44  instructional programs and may revoke approval at any time.  Failure  to
    45  comply  with  any  provision of this section may result in revocation of
    46  the approval.
    47    b. Notice of intent to revoke approval shall be provided to the appli-
    48  cant at least thirty days prior to the effective date  of  the  proposed
    49  revocation.  Such  notice  shall  include a statement of reasons for the
    50  proposed revocation. A school closure  for  academic  reasons  shall  be
    51  deemed notice of intent to review and possibly revoke the approval of an
    52  instructional program.
    53    c.  If applicable, the applicant shall be allowed at least thirty days
    54  to correct the problems associated with the  proposed  revocation.  Non-
    55  curable  causes  of  revocation  include, but are not limited to, fraud,
    56  creation of false business records and obstruction of  investigation  or

        A. 7673                             9
 
     1  monitoring  by  the  applicant's  authorizer. Prior to revocation of the
     2  approval, an applicant shall be provided an opportunity to be  heard  by
     3  the  applicant's  authorizer,  consistent  with  the requirements of due
     4  process. There shall be no appeal of such determination to the committee
     5  or the board of trustees.
     6    §  3004-e.  Record  keeping  requirements.  1. Records and information
     7  regarding an applicant's instructional program pursuant to section three
     8  thousand four-d of this article shall be maintained  by  the  applicant.
     9  Upon request by the applicant's authorizer, such records and information
    10  shall  be  available  for  inspection,  or for delivery of copies to the
    11  applicant's authorizer. The applicant shall also  grant  its  authorizer
    12  access  to  any  electronic  databases  where records or information are
    13  stored regardless of whether the applicant  is  the  custodian  of  such
    14  information.
    15    2. Such records shall include, but not be limited to:
    16    a. Candidate records including, but not limited to:
    17    (i) clock hour attendance;
    18    (ii) clock hour instructors;
    19    (iii) student teaching dates and classes;
    20    (iv) student teaching clock hour accumulation;
    21    (v) student teaching instructors;
    22    (vi) workshop attendance records;
    23    (vii) records reflecting the number of years of teaching experience;
    24    (viii) college transcripts;
    25    (ix)  records  reflecting  whether  a  candidate  is  making  adequate
    26  progress in the instructional program pursuant to section three thousand
    27  four-d of this article; and
    28    (x) the date of completion of the instructional program and the  title
    29  of certification earned;
    30    b. Instructor qualification records including, but not limited to:
    31    (i) college transcripts;
    32    (ii) records reflecting the number of years of teaching experience;
    33    (iii) teacher certification records; and
    34    (iv) certification records; and
    35    c.  Records  regarding  institutions  of  higher education and outside
    36  vendors used as part of the instructional program  pursuant  to  section
    37  three  thousand  four-d  of  this article including, but not limited to,
    38  contracts and financial records.
    39    3. Each applicant shall provide  teachers  and  former  teachers  with
    40  copies  of any certification records pursuant to this section, and at no
    41  more than the cost set forth in the state freedom of information law.
    42    4. An applicant shall store certification records for a minimum of ten
    43  years.
    44    § 3004-f. Additional provisions regarding instructional  programs.  1.
    45  Limitations  and  conditions.  Sections  three thousand four-d and three
    46  thousand four-e of this  article  shall  not  affect  any  certification
    47  approved  by the department nor shall it waive any conditions imposed on
    48  holders of such teacher certifications. All teachers in education corpo-
    49  rations shall continue to comply with the  conditions  in  an  education
    50  corporation's  charter  agreement and any conditions imposed by sections
    51  three thousand four-d and three thousand four-e of this article, includ-
    52  ing but not limited to the criminal background check requirements.
    53    2. Teachers of record. Whether or not an education  corporation  oper-
    54  ates  an  instructional program, when the applicant's authorizer reviews
    55  teacher certification, the authorizer will continue to use  the  concept
    56  of a teacher of record for a classroom of students. By whatever name, if

        A. 7673                            10
 
     1  one  instructional leader of a classroom is properly certified or exempt
     2  from certification under section three thousand four-d of this  article,
     3  the  other  teachers or adults in the classroom, however designated, are
     4  not  also  required to be certified or exempt from certification for the
     5  same group of students.
     6    3. Non-material revision. The approval, revocation or voluntary cessa-
     7  tion of an instructional program shall not be a material revision to the
     8  charter of the applicant requiring  formal  revision  under  subdivision
     9  seven of section twenty-eight hundred fifty-two of this chapter.
    10    §  4.  Subsection  (i)  of  section  601  of the tax law is relettered
    11  subsection (j) and a new subsection (i) is added to read as follows:
    12    (i) To increase the number of minority teachers  serving  the  state's
    13  significantly  high-need schools, qualifying individuals shall be eligi-
    14  ble for income tax exemption in accordance with the following:
    15    (1) Notwithstanding the provisions of subsections (a),  (b),  (c)  and
    16  (d) of this section and any other provision of this article, for taxable
    17  years  beginning  after  January  first,  two  thousand  twenty-six, one
    18  hundred percent of the gross income shall be exempt from tax under  this
    19  article  as  well  as  all  other local taxes regardless of whether such
    20  income is subject to federal income taxation to  each  resident  of  the
    21  state  who  has  qualifying  service  in  the taxable year for which the
    22  exemption is claimed.
    23    (2) For the purposes of this subsection,  "qualifying  service"  shall
    24  mean a service provided by a person who:
    25    (A) is certified as a teacher;
    26    (B)  is employed full time in this state in an elementary or secondary
    27  school that has been designated as a "significantly  high-need  school",
    28  as defined in section thirty-six hundred fourteen of the education law;
    29    (C) complied with subdivision five of section six hundred sixty-one of
    30  the education law; and
    31    (D)    meets the ethnic definition of minority group member as defined
    32  in article fifteen-A of the executive law.
    33    § 5. Severability.  If any provision of this act, or  any  application
    34  of  any  provision  of  this  act, is held to be invalid, that shall not
    35  affect the validity or effectiveness of any other provision of this act,
    36  or of any other application of any provision of this act, which  can  be
    37  given effect without that provision or application; and to that end, the
    38  provisions and applications of this act are severable.
    39    §  6.  This  act  shall take effect on the sixtieth day after it shall
    40  have become a law. Effective immediately, the addition, amendment and/or
    41  repeal of any rule or regulation necessary  for  the  implementation  of
    42  this  act  on its effective date are authorized to be made and completed
    43  on or before such effective date.
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