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A07881 Summary:

BILL NOA07881
 
SAME ASSAME AS S06750
 
SPONSORHevesi
 
COSPNSRMeeks, Niou
 
MLTSPNSR
 
Add §501-i, Exec L; amd §1, Chap 53 of 2021
 
Increases the per student rate of empire state after school program grants to two thousand dollars; requires future per student rates to be modified accounting for any minimum wage adjustments.
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A07881 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7881
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 28, 2021
                                       ___________
 
        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Education
 
        AN  ACT  to  amend the executive law and chapter 53 of the laws of 2021,
          enacting the state localities budget, in relation  to  increasing  the
          per student rate of empire state after school program grants

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new section  501-i
     2  to read as follows:
     3    §  501-i. Empire state after school program grants. Empire state after
     4  school program grants awarded on or after  August  first,  two  thousand
     5  twenty-one  shall  be  provided  at  a rate of no less than two thousand
     6  dollars per approved student. The commissioner, in conjunction with  the
     7  director  of  the budget, shall, upon the completion of the full term of
     8  the empire state after school program, modify the amount  of  money  per
     9  approved  student  to be awarded to grant applicants.  Such modification
    10  shall account for any minimum wage adjustments. The  commissioner  shall
    11  promulgate  any  rules or regulations necessary to ensure grantees shall
    12  serve at least the same number of students in any year that the rate per
    13  approved student increases.
    14    § 2. Section 1 of chapter 53 of the laws of 2021, enacting the aid  to
    15  localities  budget,  is  amended  by repealing the items hereinbelow set
    16  forth in brackets and by adding to such section the items underscored in
    17  this section.
 
    18                            EDUCATION DEPARTMENT
 
    19                AID TO LOCALITIES - REAPPROPRIATIONS 2021-22
 
    20  OFFICE OF PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION PROGRAM
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11325-01-1

        A. 7881                             2
 
     1    General Fund
     2    Local Assistance Account - 10000
 
     3  The appropriation made by chapter 53, section 1, of the laws of 2019, as
     4      amended  by  chapter  53,  section 1, of the laws of 2020, is hereby
     5      amended and reappropriated to read:
     6    Funds appropriated herein shall be used to provide  awards  to  school
     7      districts,  boards  of  cooperative  educational services, and other
     8      eligible entities based on a plan developed by the  commissioner  of
     9      education  and approved by the director of the budget. Provided that
    10      at least the following amounts  of  the  funds  appropriated  herein
    11      shall be made available as follows:
    12    (i)  $21,590,000  shall  be  used  for the continuation of school-wide
    13      extended learning grants to school districts or school districts  in
    14      collaboration   with  not-for-profit  community-based  organizations
    15      pursuant to the guidelines set forth and the awards made pursuant to
    16      chapter 53 of the laws of 2013.
    17    (ii) $6,095,000 shall be used for grants awarded based on responses to
    18      the 2013-20 NYS pathways in technology early  college  high  schools
    19      request for proposals, pursuant to chapter 53 of the laws of 2013.
    20    (iii)  $4,505,000  shall be used for grants awarded based on responses
    21      to the 2014-21 NYS pathways in technology early college high schools
    22      request for proposals, pursuant to chapter 53 of the laws of 2014.
    23    (iv) $3,050,000 shall be used for grants awarded based on responses to
    24      the 2015-2022 NYS pathways in technology early college high  schools
    25      request for proposals, pursuant to chapter 53 of the laws of 2015.
    26    (v)  $2,100,000 shall be used for grants awarded based on responses to
    27      the 2018-2024 NYS pathways in technology early college  high  school
    28      request for proposals, pursuant to chapter 53 of the laws of 2017.
    29    (vi)  $9,000,000  shall  be  used for early college high school grants
    30      awarded based on responses to a request for proposals,  pursuant  to
    31      chapter 53 of the laws of 2018.
    32    (vii)  $1,900,000  shall be used for the continuation of early college
    33      high school awards made based on responses to  the  New  York  state
    34      early  college high school ECHS program request for proposals pursu-
    35      ant to chapter 53 of the laws of 2017.
    36    (viii) $1,910,000 shall be used for the continuation of smart scholars
    37      early college high school grants, provided that funds shall be  used
    38      pursuant to the guidelines set forth and the awards made pursuant to
    39      chapter 53 of the laws of 2013.
    40    (ix)  $1,350,000  shall be used for the continuation of smart transfer
    41      early college high school program grants awarded based on  responses
    42      to  the  New  York  state  smart  transfer  ECHS program request for
    43      proposals pursuant to chapter 53 of the laws of 2016.
    44    (x) $19,000,000 shall be used  for  the  continuation  of  the  master
    45      teacher program, pursuant to chapter 53 of the laws of 2013, chapter
    46      53  of the laws of 2015, chapter 53 of the laws of 2017, and chapter
    47      53 of the laws of 2018; notwithstanding any provision of law to  the
    48      contrary,  upon  approval  of  the director of the budget, the funds
    49      hereby made available for master  teacher  program  funding  may  be
    50      suballocated,  interchanged, transferred or otherwise made available
    51      to the state university of New York for the services and expenses of
    52      administering such program.
    53    (xi) $5,000,000 shall be used for the continuation of  QUALITYstarsNY,
    54      pursuant  to  chapter  53  of the laws of 2015 and chapter 53 of the
    55      laws of 2016; notwithstanding any provision of law to the  contrary,

        A. 7881                             3
 
     1      upon  approval  of the director of the budget, the funds hereby made
     2      available for  QUALITYstarsNY  may  be  suballocated,  interchanged,
     3      transferred  or  otherwise  made available to the office of children
     4      and  family  services  for  the  sole  purpose of administering such
     5      system.
     6    (xii) $3,000,000 shall be used for the continuation of New York  state
     7      masters-in-education teacher incentive scholarship program, pursuant
     8      to  chapter 53 of the laws of 2015; notwithstanding any provision of
     9      law to the contrary, upon approval of the director  of  the  budget,
    10      the funds hereby made available for the masters-in-education teacher
    11      incentive  scholarship  program  may  be suballocated, interchanged,
    12      transferred or otherwise made  available  to  the  higher  education
    13      services  corporation  for  the  sole  purpose of administering such
    14      program.
    15    (xiii) $35,000,000 shall be used for the continuation of  awards  made
    16      based  on responses to the empire state after-school program request
    17      for proposals pursuant to chapter 53 of the laws of  2017;  notwith-
    18      standing  any provision of law to the contrary, upon approval of the
    19      director of the budget, the  funds  hereby  made  available  may  be
    20      suballocated,  interchanged, transferred or otherwise made available
    21      to the office of children and family services for the  sole  purpose
    22      of administering such grants.
    23    (xiv)  $10,000,000  shall  be used for the continuation of awards made
    24      based on responses to the empire state after-school program  request
    25      for  proposals  pursuant to chapter 53 of the laws of 2018; notwith-
    26      standing any provision of law to the contrary, upon approval of  the
    27      director  of  the  budget,  the  funds  hereby made available may be
    28      suballocated, interchanged, transferred or otherwise made  available
    29      to  the  office of children and family services for the sole purpose
    30      of administering such grants.
    31    (xv) $4,000,000 shall be used for services and expenses  to  subsidize
    32      the remaining cost of advanced placement and international baccalau-
    33      reate  exam  fees for low-income students, as determined by free and
    34      reduced price lunch eligibility, pursuant to a plan developed by the
    35      commissioner of education and approved by the director of the  budg-
    36      et.
    37    (xvi)  $500,000  shall  be  used  for  grants for the advanced courses
    38      access program pursuant to chapter 53 of the laws of 2018,  provided
    39      that  such grants shall be awarded to school districts and/or boards
    40      of cooperative educational services in order  to  increase  advanced
    41      course  offerings for students, particularly in districts with no or
    42      very limited advanced course offerings.
    43    (xvii) $400,000 shall be used for empire state excellence in  teaching
    44      awards  pursuant  to chapter 53 of the laws of 2017; notwithstanding
    45      any provision of law to the contrary, upon approval of the  director
    46      of  the budget, the funds hereby made available may be suballocated,
    47      interchanged, transferred or otherwise made available to  the  state
    48      university  of New York for the services and expenses of administer-
    49      ing such awards.
    50    (xviii) $6,000,000 shall be  used  for  grants  for  the  smart  start
    51      computer science program pursuant to chapter 53 of the laws of 2018.
    52    (xix) $5,000,000 shall be used for additional funds to reimburse spon-
    53      sors of school breakfast programs pursuant to chapter 53 of the laws
    54      of 2018.
    55    (xx)  $750,000 shall be used for additional services and expenses of a
    56      program to develop farm to school initiatives, pursuant  to  chapter

        A. 7881                             4
 
     1      53  of the laws of 2018; notwithstanding any provision of law to the
     2      contrary, upon approval of the director of  the  budget,  the  funds
     3      hereby made available may be suballocated, interchanged, transferred
     4      or  otherwise  made  available  to the department of agriculture and
     5      markets for the services and expenses of administering such awards.
     6    (xxi) $500,000 shall be used for services and expenses of locally  run
     7      gang  prevention  and  education programs, pursuant to chapter 53 of
     8      the laws of 2018;  notwithstanding  any  provision  of  law  to  the
     9      contrary,  upon  approval  of  the director of the budget, the funds
    10      hereby made available may be suballocated, interchanged, transferred
    11      or otherwise made available to the department  of  criminal  justice
    12      services for the services and expenses of administering such awards.
    13    (xxii)  $250,000 shall be used for grants to school districts to allow
    14      community schools to expand mental health services and  capacity  of
    15      community  school  programs  pursuant  to  chapter 53 of the laws of
    16      2018.
    17    (xxiii) $9,000,000 shall be used for early college high school grants,
    18      pursuant to a plan developed by the commissioner  of  education  and
    19      approved  by  the  director  of  the budget, provided that such plan
    20      shall prioritize (a) programs serving students in schools with grad-
    21      uation rates below the state average which are not currently engaged
    22      in a  school-wide  turnaround  plan,  and  (b)  programs  that  lead
    23      students  to  a  career  in  computer science. Provided further that
    24      school districts  or  boards  of  cooperative  educational  services
    25      awarded  such  grants  shall  agree to offer opportunities for every
    26      student in the school to graduate with at least one college  credit,
    27      through  programs including but not limited to an early college high
    28      school, dual enrollment, or advanced placement courses.
    29    Provided further that a portion of the payments to early college  high
    30      school  programs  awarded  funding  from this appropriation shall be
    31      made on a sliding scale based upon the  number  of  college  credits
    32      earned  annually  by  participating students, consistent with guide-
    33      lines established by the commissioner of  education,  provided  that
    34      the maximum annual grant award shall be $500,000.
    35    Provided  further that in connection with such guidelines, the commis-
    36      sioner of education shall execute a memorandum of understanding with
    37      the state university of New York and the city university of New York
    38      to develop common data collection, sharing and reporting  mechanisms
    39      based  on  student-level data for students enrolled in early college
    40      high school programs.
    41    Notwithstanding any provision of law to the contrary, higher education
    42      partners participating in an early college high school  program,  or
    43      the  entity/entities responsible for setting tuition at the institu-
    44      tion, shall be authorized to set a reduced rate  of  tuition  and/or
    45      fees,  or  to  waive  tuition  and/or  fees  entirely,  for students
    46      enrolled in such an  early  college  high  school  program  with  no
    47      reduction  in  other state, local or other support for such students
    48      earning college credit that  such  higher  education  partner  would
    49      otherwise be eligible to receive.
    50    (xxiv)  $1,500,000  shall be used for master teacher awards to support
    51      awards to individual high-performing teachers in any grade  teaching
    52      in  schools  with  high rates of teacher turnover or in schools with
    53      high rates of teachers with fewer than three years of teaching expe-
    54      rience.
    55    Provided further that the funds hereby made  available  shall  support
    56      the  award  of stipends of $15,000 per annum over four years to such

        A. 7881                             5
 
     1      individual teachers, and of related costs, administered by the state
     2      university of New York pursuant to a plan developed in  consultation
     3      with the commissioner of education, who shall consult with appropri-
     4      ate  state  organizations  representing K-12 public school teachers,
     5      and approved by the director of the budget,  to  build  a  corps  of
     6      outstanding  teachers in order to improve the quality of instruction
     7      at public schools. Such plan for use of funding hereby  made  avail-
     8      able  shall:  (i)  establish  an  application  process; (ii) include
     9      guidelines by which applications from  eligible  teachers  shall  be
    10      evaluated,  which  shall include, but not be limited to, achievement
    11      of a rating of highly effective on the annual professional  perform-
    12      ance  review;  and  (iii) provide periodic opportunities for profes-
    13      sional development for  successful  applicants.  Provided,  further,
    14      that  priority shall be given to applicants in regions where a simi-
    15      lar program is not otherwise offered.
    16    Notwithstanding any provision of law to the contrary, upon approval of
    17      the director of the budget, the funds hereby made available  may  be
    18      suballocated,  interchanged, transferred or otherwise made available
    19      to the state university of New York for the services and expenses of
    20      administering such awards. Nothing  herein  shall  be  construed  to
    21      limit  the  rights  of  labor organizations representing teachers to
    22      collectively bargain terms and conditions pursuant to article 14  of
    23      the civil service law.
    24    (xxv)  $10,000,000  shall be used for empire state after-school grants
    25      pursuant to a plan developed by the office of  children  and  family
    26      services  in  consultation  with  the  commissioner of education and
    27      approved by the director of the budget, to support the establishment
    28      and/or expansion of after-school programs  by  school  districts  or
    29      not-for-profit  community-based  organizations which are (A) located
    30      in a school district with high rates of student homelessness, or (B)
    31      located in a school district in  at-risk  areas  identified  by  the
    32      office of children and family services, division of criminal justice
    33      services,  division  of state police, county executive, or local law
    34      enforcement.
    35    Provided that such grants shall be awarded based on factors including,
    36      but not limited to, the following: (i) measures of  school  district
    37      need,  (ii) measures of the need of students to be served, (iii) the
    38      applicant's  proposal  to  target  the  highest-need   schools   and
    39      students,  (iv)  the applicant's program design to meet the specific
    40      needs of students, including homeless students or students  affected
    41      by violence, and (v) proposal quality.
    42    Provided, further, that an empire state after-school grant shall equal
    43      the  product of (i) the approved number of student placements multi-
    44      plied by (ii) [$1,600] $2,000; provided, however, that no  applicant
    45      shall  receive  a grant in excess of the total actual grant expendi-
    46      tures incurred by the  applicant  in  the  current  school  year  as
    47      approved by the office of children and family services.
    48    Provided,  further,  that  $2,000,000 of such funds shall be initially
    49      made available to applicants located in high-need  school  districts
    50      in Nassau County or Suffolk County.
    51    Provided,  further,  an  awardee shall agree to adopt approved quality
    52      indicators including, but not limited to, valid and  reliable  meas-
    53      ures  of  environmental  quality,  and  the quality of staff-student
    54      interactions  and  student  outcomes.  Provided  further,  that  all
    55      programs shall agree to offer gang-prevention programming. Provided,
    56      further,  that no school district shall receive more than 40 percent

        A. 7881                             6

     1      of the total empire state  after-school  program  grant  allocation.
     2      Notwithstanding  any provision of law to the contrary, upon approval
     3      of the director of the budget, the funds hereby made  available  may
     4      be  suballocated, interchanged, transferred or otherwise made avail-
     5      able to the office of children and  family  services  for  the  sole
     6      purpose of administering such grants.
     7    (xxvi) $1,800,000 shall be used for services and expenses to subsidize
     8      the remaining cost of advanced placement and international baccalau-
     9      reate  exam  fees for low-income students, as determined by free and
    10      reduced price lunch eligibility, pursuant to a plan developed by the
    11      commissioner of education and approved by the director of the  budg-
    12      et.
    13    (xxvii)  $1,000,000  shall be used for grants for the advanced courses
    14      access program, provided that such grants shall be awarded to school
    15      districts with no or very  limited  advanced  course  offerings  for
    16      students or to boards of cooperative educational services containing
    17      such  school  districts. Provided further, that such grants shall be
    18      awarded, based on a plan developed by the commissioner of  education
    19      and  approved by the director of the budget, to school districts and
    20      boards of cooperative educational  services  to  establish  advanced
    21      placement  courses  or  other  equally  rigorous advanced courses in
    22      subjects including but not limited  to  English,  history,  science,
    23      mathematics, engineering, computer science, or world languages.
    24    Provided  further  that,  such grants may be used for teacher training
    25      and development, materials and supplies, or equipment  and  services
    26      for  digital  learning.  Provided,  further,  that  no awardee shall
    27      receive a grant in excess of the  total  actual  grant  expenditures
    28      incurred  in the current school year as approved by the commissioner
    29      and provided further that such grants shall only be used to  supple-
    30      ment,  not  supplant existing funding for advanced courses. Provided
    31      further that no awardee shall receive more than 40  percent  of  the
    32      total grant allocation.
    33    (xxviii)  $15,000,0000 shall be used for additional grants for prekin-
    34      dergarten; provided that grants shall be awarded pursuant to  subdi-
    35      vision 18 of section 3602-e of the education law, based on a request
    36      for  proposals  developed  by  the  commissioner  of  education  and
    37      approved by the director of  the  budget,  to  school  districts  to
    38      establish  new  full-day and half-day prekindergarten placements for
    39      three-year-olds and four-year-olds;  provided,  further,  that  such
    40      grants shall only be used to supplement, not supplant existing prek-
    41      indergarten programs; and provided, further, that any portion of the
    42      funds  hereby made available that is not awarded shall remain avail-
    43      able for subsequent awards in the 2020-21 school year or  for  full-
    44      day  and half-day prekindergarten grants to be awarded in subsequent
    45      school years.
    46    Provided, further, that such grants from funds hereby  made  available
    47      shall be awarded based on factors including, but not limited to, the
    48      following:  (i)  measures  of school district need, (ii) measures of
    49      the need of students to be served by the school district, (iii)  the
    50      school  district's  proposal  to target the highest-need schools and
    51      students, (iv) the extent to which  the  district's  proposal  would
    52      prioritize  funds  to maximize the total number of eligible children
    53      in the district served in prekindergarten programs, (v)  the  school
    54      district's proposal to include students of all learning and physical
    55      abilities in integrated settings and (vi) proposal quality; provided
    56      further  that  preference  for  the 2019-20 awards shall be given to

        A. 7881                             7
 
     1      high-need school districts without a current state-funded prekinder-
     2      garten program.
     3    Provided,  however,  that full-day and half-day prekindergarten grants
     4      funded hereby shall only be available to support programs  (i)  that
     5      provide instruction for at least five hours per school day for full-
     6      day prekindergarten programs and at least two and one-half hours per
     7      school day for half-day prekindergarten programs; (ii) that agree to
     8      offer  instruction consistent with applicable New York state prekin-
     9      dergarten early learning standards; and (iii) that otherwise  comply
    10      with  all of the same rules and requirements as universal prekinder-
    11      garten programs pursuant to section  3602-e  of  the  education  law
    12      except as modified herein; provided that notwithstanding paragraph c
    13      of  subdivision  1  of  section 3602-e of the education law notwith-
    14      standing, for the purposes of this appropriation, an eligible  child
    15      shall  be  a  resident  child who is three years of age on or before
    16      December first of the year in which he or she is enrolled.
    17    Provided, further, that as a condition of eligibility for  receipt  of
    18      such  funding  for three-year-olds, a school district must currently
    19      offer a prekindergarten program for four-year-old children, or chil-
    20      dren who would otherwise be eligible under paragraph c  of  subdivi-
    21      sion  1  of  section 3602-e of the education law; provided, further,
    22      that a school district may apply for only as many full-day or  half-
    23      day  placements  for  three-year-old children as it currently offers
    24      for four-year-old children,  or  children  who  would  otherwise  be
    25      eligible under paragraph c of subdivision 1 of section 3602-e of the
    26      education law.
    27    Provided,  further,  that  a  school  district's grant shall equal the
    28      product of (A) (i) two multiplied by  the  approved  number  of  new
    29      full-day prekindergarten placements plus (ii) the approved number of
    30      half-day  prekindergarten  placement  conversions  and  the approved
    31      number of new  half-day  prekindergarten  placements,  and  (B)  the
    32      district's  selected  aid  per  prekindergarten  pupil  pursuant  to
    33      subparagraph (i) of paragraph b of subdivision 10 of section  3602-e
    34      of  the  education  law;  provided,  however, that no district shall
    35      receive a grant in excess of the  total  actual  grant  expenditures
    36      incurred  by  the district in the current school year as approved by
    37      the commissioner of education.
    38    Provided, further, a school district shall  agree  to  adopt  approved
    39      quality  indicators within two years, including, but not limited to,
    40      valid and reliable measures of environmental quality, the quality of
    41      teacher-student interactions and child outcomes, and ensure that any
    42      such assessment of child outcomes shall not be used to  make  highs-
    43      takes educational decisions for individual children.
    44    Provided,  further, a school district shall agree to maximize partner-
    45      ships with community-based organizations in developing new  pre-kin-
    46      dergarten  slots,  and  shall  agree  to  maximize  the inclusion of
    47      students with disabilities.
    48    (xxix) $1,500,000 shall be used for the refugee and immigrant  student
    49      welcome  grants program, pursuant to a plan developed by the commis-
    50      sioner of education and approved by  the  director  of  the  budget,
    51      provided  that such plan shall prioritize awards to school districts
    52      with increased refugee and immigrant populations, including unaccom-
    53      panied minor students.
    54    Provided further that such funds shall be used for activities  includ-
    55      ing  but  not  limited  to expanded community school activities, the
    56      provision of school supplies for incoming students, training  oppor-

        A. 7881                             8
 
     1      tunities for staff on trauma and cultural sensitivity, employment of
     2      counselors and psychologists, and parental and family engagement and
     3      support.
     4    Provided further that such funds shall only be used to supplement, and
     5      not  supplant, current local expenditures of federal, state or local
     6      funds.
     7    Provided, further, that no district shall receive a grant in excess of
     8      the total actual grant expenditures incurred by the district in  the
     9      current school year as approved by the commissioner of education.
    10    Provided,  further, that no school district shall receive more than 40
    11      percent of the total grant allocation.
    12    Provided, further, that $500,000 of such funds shall be initially made
    13      available to applicants located in  high-need  school  districts  in
    14      Nassau County or Suffolk County.
    15    Provided  further  that  school  districts receiving such grants shall
    16      agree to partner with  state  agencies  to  provide  information  on
    17      English as a New Language (ENL) and naturalization services.
    18    Notwithstanding any provision of law to the contrary, upon approval of
    19      the  director  of the budget, the funds hereby made available may be
    20      suballocated, interchanged, transferred or otherwise made  available
    21      to  the  office  of  temporary  and  disability  assistance  for the
    22      services and expenses of administering such awards.
    23    (xxx) $3,000,000 shall  be  used  for  alternative  discipline  grants
    24      pursuant  to  a  plan developed by the commissioner of education and
    25      approved by the director of the  budget,  provided  that  such  plan
    26      shall  prioritize  awards  to  school  districts  identified  by the
    27      commissioner of education as being high need or identified as having
    28      high numbers of student suspensions or exclusions. Provided  further
    29      that  such  funds  shall  be used to increase the use of alternative
    30      approaches to student discipline through  activities  including  but
    31      not  limited  to  restorative justice techniques, therapeutic crisis
    32      intervention, staff training on alternative discipline,  and  trauma
    33      informed education; provided, however, the commissioner of education
    34      shall  submit to the governor, the temporary president of the senate
    35      and speaker of the assembly a report setting  forth  recommendations
    36      for  alternative  discipline based on best practices from the use of
    37      such funds provided that such report shall be developed with consul-
    38      tation from stakeholders including but not limited to educators  and
    39      civil rights organizations.
    40    Provided further that such funds shall only be used to supplement, and
    41      not  supplant, current local expenditures of federal, state or local
    42      funds.
    43    Provided, further, that no district shall receive a grant in excess of
    44      the total actual grant expenditures incurred by the district in  the
    45      current  school  year  as approved by the commissioner of education.
    46      Provided, further, that no school district shall receive  more  than
    47      40 percent of the total grant allocation.
    48    (xxxi)  $1,500,000  shall  be used for services and expenses of school
    49      mental health programs pursuant to a plan developed by  the  commis-
    50      sioner  of  education  and  approved  by the director of the budget,
    51      provided that such plan shall provide grants to school districts for
    52      middle or junior high schools for the purposes of supporting student
    53      mental health or school climate through activities including but not
    54      limited to  school  mental  health  centers,  teacher  training  and
    55      support,  school-wide anti-bullying programs, school climate surveys
    56      and tools, and school  and  family  engagement  resources.  Provided

        A. 7881                             9
 
     1      further,  that of the amount appropriated herein, up to $500,000 may
     2      be used to support the school  mental  health  technical  assistance
     3      center.
     4    Provided further that such funds shall only be used to supplement, and
     5      not  supplant, current local expenditures of federal, state or local
     6      funds.
     7    Provided, further, that no district shall receive a grant in excess of
     8      the total actual grant expenditures incurred by the district in  the
     9      current  school  year  as approved by the commissioner of education.
    10      Provided, further, that no school district shall receive  more  than
    11      40 percent of the total grant allocation.
    12    (xxxii)  $3,000,000  shall be used for services and expenses of the we
    13      teach NY grant program to address the teacher shortage in identified
    14      subject areas pursuant to a plan developed by  the  commissioner  of
    15      education  and  approved  by  the director of the budget in order to
    16      recruit a corps of outstanding teacher candidates in high-need shor-
    17      tage areas.
    18    Provided that, such plan for use  of  funding  hereby  made  available
    19      shall:  (i)  prioritize  recruiting  teacher  candidates as incoming
    20      college freshmen in hard to staff subject areas, (ii) award funds to
    21      school districts partnering with an institution of higher education,
    22      (iii) require that awarded school districts provide mentors and paid
    23      internship opportunities for teaching candidates, and  (iv)  require
    24      that  teachers  will have a guaranteed job opportunity at the end of
    25      the program if they meet all program requirements.
    26    Notwithstanding any provision of law to the contrary, upon approval of
    27      the director of the budget, the funds hereby made available  may  be
    28      suballocated,  interchanged, transferred or otherwise made available
    29      to the state university of New York for the services and expenses of
    30      administering such awards. Provided further that  such  funds  shall
    31      only be used to supplement, and not supplant, current local expendi-
    32      tures of federal, state or local funds.
    33    Provided, further, that no district shall receive a grant in excess of
    34      the  total actual grant expenditures incurred by the district in the
    35      current school year as approved by the commissioner of education.
    36    Provided, further, that no school district shall receive more than  40
    37      percent of the total grant allocation.
    38    (xxxiii)  $1,000,000 shall be used for services and expenses of recov-
    39      ery high schools, pursuant to a plan developed by  the  commissioner
    40      of  education  in consultation with the office of addiction services
    41      and supports and approved by the director of  the  budget.  Provided
    42      further  that  such  grants  shall  be made to boards of cooperative
    43      educational services in order to help facilitate the  implementation
    44      of  a  recovery high school. Provided further that such grants shall
    45      only be made to such programs with a demonstrated partnership with a
    46      program licensed  pursuant  to  article  thirty-two  of  the  mental
    47      hygiene  law;  that offer a safe and supportive learning environment
    48      for students diagnosed with or at risk of  substance  use  disorder;
    49      incorporate  recovery supports into the normal school day to facili-
    50      tate personal, academic, vocational and  recovery  success  for  the
    51      student; and are recognized by the commissioner of education.
    52    (xxxiv)  $1,500,000  shall be used for the expanded mathematics access
    53      program, pursuant to a plan developed by the commissioner of  educa-
    54      tion  and  approved  by the director of the budget. Provided further
    55      that the funds hereby made available shall be awarded to a qualified
    56      organization to provide additional math instruction through the  use

        A. 7881                            10
 
     1      of  internet  accessible  learning games to build basic math fluency
     2      for elementary school students. Provided further that such an organ-
     3      ization shall have been independently evaluated for its efficacy  in
     4      improving early math skills. Provided further that up to $500,000 of
     5      the amount hereby made available shall be allocated for the services
     6      and  expenses of a state-wide math tournament for students in grades
     7      one through five.  Notwithstanding  any  provision  of  law  to  the
     8      contrary,  upon  approval  of  the director of the budget, the funds
     9      hereby made available may be suballocated, interchanged, transferred
    10      or otherwise made available to the state university of New York  for
    11      the services and expenses of administering such awards.
    12    (xxxv)  $200,000  shall  be  used for services and expenses of the New
    13      York state youth council. Notwithstanding any provision  of  law  to
    14      the contrary, upon approval of the director of the budget, the funds
    15      hereby made available may be suballocated, interchanged, transferred
    16      or  otherwise  made  available  to  office  of  children  and family
    17      services for the services and expenses of administering  such  coun-
    18      cil.
    19    Notwithstanding  any provision of law to the contrary, the $50,000,000
    20      made available in items (xxiii) to (xxxv) herein appropriated herein
    21      shall constitute the competitive awards amount  authorized  for  the
    22      2019-20  school  year[.  Notwithstanding  section  40  of  the state
    23      finance law or any provision of law to the contrary, this  appropri-
    24      ation shall lapse on March 31, 2022] (23306) .......................
    25      234,113,000 ..................................... (re. $198,681,000)
 
    26  The appropriation made by chapter 53, section 1, of the laws of 2018, as
    27      added  by  chapter  54,  section  2,  of the laws of 2018, is hereby
    28      amended and reappropriated to read:
    29    For  additional  empire  state  after-school  grants;  provided   that
    30      $35,000,000  of  the  amount  appropriated  herein shall support the
    31      continuation of awards made based on responses to the  empire  state
    32      after-school program request for proposals pursuant to chapter 53 of
    33      the  laws  of  2017;  and  provided  further that $10,000,000 of the
    34      amount appropriated herein shall  be  awarded  pursuant  to  a  plan
    35      developed by the office of children and family services in consulta-
    36      tion with the commissioner of education and approved by the director
    37      of  the  budget,  to  support  the establishment and/or expansion of
    38      after-school programs by school districts or not-for-profit communi-
    39      ty-based organizations (A) located in school districts  eligible  to
    40      participate  in  the  empire  state after-school program pursuant to
    41      chapter 53 of the laws of 2017, or (B) located in a school  district
    42      with  high rates of student homelessness, or (C) located in a school
    43      district in at-risk areas in Nassau County or Suffolk County identi-
    44      fied by the office of children  and  family  services,  division  of
    45      criminal  justice  services, division of state police, county execu-
    46      tive, or local law enforcement, or (D) located in  high-need  school
    47      districts in Nassau County or Suffolk County.
    48    Provided that such grants shall be awarded based on factors including,
    49      but  not  limited to, the following: (i) measures of school district
    50      need, (ii) measures of the need of students to be served, (iii)  the
    51      applicant's   proposal   to  target  the  highest-need  schools  and
    52      students, (iv) the applicant's program design to meet  the  specific
    53      needs of students, including homeless students or students displaced
    54      by natural disasters, and (v) proposal quality.

        A. 7881                            11
 
     1    Provided,  further,  that  $2,000,000 of such funds shall be initially
     2      made available to applicants (A) located in  a  school  district  in
     3      at-risk  areas  in Nassau County or Suffolk County identified by the
     4      office of children and family services, division of criminal justice
     5      services,  division  of state police, county executive, or local law
     6      enforcement, or (B) located in high-need school districts in  Nassau
     7      County or Suffolk County.
     8    Provided, further, that an empire state after-school grant shall equal
     9      the  product  of  (i) the approved number of students served in such
    10      program and (ii) [$1,600] $2,000; provided, however, that no  appli-
    11      cant  shall  receive  a  grant  in  excess of the total actual grant
    12      expenditures incurred by the applicant in the current school year as
    13      approved by the office of children and family services.
    14    Provided, further, a school district shall  agree  to  adopt  approved
    15      quality indicators including, but not limited to, valid and reliable
    16      measures  of environmental quality, and the quality of staff-student
    17      interactions and student outcomes. Provided, further, that no school
    18      district shall receive more than 40  percent  of  the  total  empire
    19      state  after-school  program  grant  allocation. Notwithstanding any
    20      provision of law to the contrary, upon approval of the  director  of
    21      the  budget,  the  funds  appropriated  herein  may be suballocated,
    22      interchanged, transferred or otherwise made available to the  office
    23      of  children and family services for the sole purpose of administer-
    24      ing such grants.
    25    Notwithstanding any provision of law to the contrary,  $10,000,000  of
    26      the  funds appropriated herein, plus any other amounts so designated
    27      in other items  of  appropriation  within  the  general  fund  local
    28      assistance  account  office  of prekindergarten through grade twelve
    29      education program, shall constitute the  competitive  awards  amount
    30      authorized for the 2018-19 school year (55973) .....................
    31      45,000,000 ....................................... (re. $38,323,000)
 
    32  By  chapter  53, section 1, of the laws of 2017, as added by chapter 50,
    33      section 2, of the laws of 2017:
    34    For empire state after-school grants, pursuant to a plan developed  by
    35      the  office of children and family services in consultation with the
    36      commissioner of education and approved by the director of the  budg-
    37      et,  to  support  the establishment and/or expansion of after-school
    38      programs by school districts or school  districts  in  collaboration
    39      with  not-for-profit  community-based  organizations  (A) located in
    40      municipalities participating in the empire state  poverty  reduction
    41      initiative pursuant to chapter 55 of the laws of 2016 or (B) located
    42      in  counties or school districts with a child poverty rate in excess
    43      of 30 percent, or located in a school district with a child  poverty
    44      count  greater than 5,000 but less than 20,000, as determined by the
    45      2015 small area income and poverty estimates produced by the  United
    46      States census bureau.
    47    Provided that such grants shall be awarded based on factors including,
    48      but  not  limited to, the following: (i) measures of school district
    49      need, (ii) measures of the need of students to be served by each  of
    50      the school districts, (iii) the school district's proposal to target
    51      the highest-need schools and students, and (iv) proposal quality.
    52    Provided,  further, that a school district's empire state after-school
    53      grant shall equal the product of (i) the approved number of students
    54      served in such program and (ii) [$1,600] $2,000; provided,  however,
    55      that no district shall receive a grant in excess of the total actual

        A. 7881                            12
 
     1      grant  expenditures  incurred  by the district in the current school
     2      year as approved by the office of children and family services.
     3    Provided,  further,  a  school  district shall agree to adopt approved
     4      quality indicators including, but not limited to, valid and reliable
     5      measures of environmental quality, and the quality of  staff-student
     6      interactions and student outcomes. Provided, further, that no school
     7      district  shall  receive  more  than  40 percent of the total empire
     8      state after school program  grant  allocation.  Notwithstanding  any
     9      provision  of  law to the contrary, upon approval of the director of
    10      the budget, the  funds  appropriated  herein  may  be  suballocated,
    11      interchanged,  transferred or otherwise made available to the office
    12      of children and family services for the sole purpose of  administer-
    13      ing such grants.
    14    Notwithstanding any provision of law to the contrary, the funds appro-
    15      priated  herein, plus any other amounts so designated in other items
    16      of appropriation within the general fund  local  assistance  account
    17      office  of  pre-kindergarten through grade twelve education program,
    18      shall constitute the competitive awards amount  authorized  for  the
    19      2017-18 school year (55951) ... 35,000,000 ....... (re. $25,043,000)
    20    §  3.  This act shall take effect immediately; provided, however, that
    21  section two of this act shall be deemed to have been in full  force  and
    22  effect on and after April 1, 2021.
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