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S06825 Summary:

BILL NOS06825
 
SAME ASSAME AS A07673
 
SPONSORCOMRIE
 
COSPNSRJACKSON, MYRIE, PARKER, SEPULVEDA
 
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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S06825 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6825
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 25, 2025
                                       ___________
 
        Introduced  by  Sens. COMRIE, MYRIE, PARKER, SEPULVEDA -- read twice and
          ordered printed, and when printed to be committed 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[,]:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11300-01-5

        S. 6825                             2
 
     1    (a)  the  term "shortage subject area" shall mean a curriculum subject
     2  matter or practice of teaching where there is a shortage of teachers  in
     3  New York state, as designated by the department[, and];
     4    (b)  the  term  "hard  to  staff  school  districts" shall mean school
     5  districts that have a shortage of teachers, as designated by the depart-
     6  ment[.]; and
     7    (c) the term "minority group member" shall mean a United States  citi-
     8  zen or permanent resident alien who is and can demonstrate membership in
     9  one of the following groups:
    10    (i)  Black  persons  having origins in any of the Black African racial
    11  groups;
    12    (ii) Hispanic/Latino persons  of  Mexican,  Puerto  Rican,  Dominican,
    13  Cuban,  Central  or  South American of either Indian or Hispanic origin,
    14  regardless of race;
    15    (iii) Native American or Alaskan native persons having origins in  any
    16  of the original peoples of North America;
    17    (iv)  Asian  and Pacific Islander persons having origins in any of the
    18  Far East countries, South East Asia,  the  Indian  subcontinent  or  the
    19  Pacific Islands.
    20    4.  Priority.  Such awards shall be made annually to applicants in the
    21  following priority:
    22    (a) First priority shall be given  to  applicants  who  have  received
    23  payment of an award pursuant to this section in a prior year and who, in
    24  the year prior to application, are teachers [in] (i) in a subject short-
    25  age  area,  [or]  (ii)  in a hard to staff school district, or (iii) who
    26  meet the ethnic definition of minority group member;
    27    (b) Second priority shall be given to applicants who have not received
    28  payment of an award pursuant to this section in a prior year and who are
    29  teachers [in] (i) in a subject shortage area, [or] (ii) in hard to staff
    30  school district, or (iii) who meet the  ethnic  definition  of  minority
    31  group member in the year prior to such application; and
    32    (c)  Third  priority shall be given to applicants who are economically
    33  disadvantaged as defined by the corporation.
    34    5. Awards. The corporation shall grant awards pursuant to  the  amount
    35  appropriated  for  such purpose and based on availability of funds in an
    36  amount up to [five] ten thousand dollars to individuals who are employed
    37  full-time as teachers for the school year  prior  to  such  application,
    38  provided that no recipient shall receive an award that exceeds the total
    39  remaining balance of the student loan debt pursuant to this section[, in
    40  excess of twenty thousand dollars].
    41    6.  Rules and regulations. The corporation is authorized to promulgate
    42  rules and regulations and may promulgate emergency regulations necessary
    43  for the implementation of the provisions of this section. In  the  event
    44  that  there  are more applicants who have the same priority, as provided
    45  in subdivision four of this section, than there  are  remaining  awards,
    46  the  corporation  shall provide in regulation the method of distributing
    47  the remaining number of such awards, which  may  include  a  lottery  or
    48  other form of random selection.
    49    § 3. The education law is amended by adding three new sections 3004-d,
    50  3004-e and 3004-f to read as follows:
    51    §  3004-d.  Alternative teacher certification requirements. 1. Teacher
    52  certification compliance. An education corporation may submit  to  their
    53  charter  authorizer and a district school may submit to its local educa-
    54  tion agency as defined in section  three  thousand  thirty-two  of  this
    55  article, for approval of an instructional program as defined in subdivi-
    56  sion  two of this section for teachers who meet the ethnic definition of

        S. 6825                             3

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

        S. 6825                             4
 
     1  have  been  found to have the necessary knowledge and skills to success-
     2  fully complete the program as determined by its authorizer.
     3    4.  Certificate  titles requirements. a. Certificate titles offered by
     4  an instructional program may include, but are not limited to:
     5    (i) Childhood education (pre-kindergarten through sixth grade);
     6    (ii) Secondary education (fifth  grade  through  twelfth  grade)  with
     7  specialization  in  primary subject areas which may include, but are not
     8  limited to:
     9    (A) Humanities;
    10    (B) Mathematics; and
    11    (C) Science;
    12    (iii) Childhood students with disabilities  (pre-kindergarten  through
    13  sixth grade);
    14    (iv) Secondary students with disabilities (fifth grade through twelfth
    15  grade);
    16    (v)  Childhood English for speakers of other languages (pre-kindergar-
    17  ten through sixth grade); and
    18    (vi) Secondary English for speakers of other  languages  (fifth  grade
    19  through twelfth grade).
    20    b. The instructional program shall include:
    21    (i)  One  hundred  sixty clock hours of classroom instruction content,
    22  including content core study and pedagogical  core  study,  which  shall
    23  provide  the  necessary  knowledge  base,  understanding, and skills for
    24  teaching students in the respective grade levels, and in the  respective
    25  subject areas, for the certification being sought. The one hundred sixty
    26  clock  hours are in addition to any credit hours earned by candidates as
    27  part of the required bachelor's degree  referenced  in  paragraph  c  of
    28  subdivision three of this section. For the purposes of this subparagraph
    29  "classroom  instruction  content"  shall  include curriculum and content
    30  specific to the certification being sought, instructional strategies and
    31  planning, classroom and behavioral management, and shall be designed  to
    32  prepare  candidates  to  instruct students with a range of abilities and
    33  differentiate instruction to enhance the learning of all students in the
    34  content areas of the certificate. A  candidate  may  seek  dual  certif-
    35  ication  in  two different titles, for which the one hundred sixty total
    36  clock hours shall be appropriate for the dual titles  being  sought.  If
    37  one  of the titles sought is students with disabilities, at least twenty
    38  of the one hundred  sixty  clock  hours  shall  include  the  additional
    39  students  with disabilities training required pursuant to paragraph e of
    40  this section.
    41    (ii) Forty clock hours of field experience appropriate to the  certif-
    42  ication  being  sought,  with at least six of the forty hours focused on
    43  meeting the needs of students  with  disabilities,  with  the  candidate
    44  primarily  responsible  for classroom instruction, and under supervision
    45  of an experienced teacher with the following qualifications:
    46    (A) certified in the subject, area or grade range of  instruction,  as
    47  applicable; or
    48    (B) uncertified teachers who:
    49    (1)  have  at  least three years of satisfactory elementary, middle or
    50  secondary classroom experience; or
    51    (2) are tenured, tenure track or adjunct college faculty; or
    52    (3) have two years of satisfactory experience through  the  Teach  for
    53  America  program  or  similar  programs as determined by the applicant's
    54  authorizer.
    55    c. A candidate may seek a dual certification in two different  titles,
    56  for  which  the  candidate  shall complete forty total field hours, with

        S. 6825                             5
 
     1  approximately one-half of such field hours focused on each certification
     2  title sought.
     3    d. Candidates teaching within the initial three-year period of certif-
     4  ication shall receive periodic mentoring by a principal, assistant prin-
     5  cipal,  a  teacher  qualified  to  oversee  field experience pursuant to
     6  subparagraph (ii) of paragraph b of this  subdivision,  or  a  qualified
     7  instructional  program instructor pursuant to paragraph e of this subdi-
     8  vision which shall be designed to meet the individual learning needs  of
     9  the candidate.
    10    e.  The  following additional coursework shall also be included in the
    11  instructional program if such coursework is  necessary  for  the  titles
    12  sought:
    13    (i)  Completion of a workshop approved by the department on the proper
    14  process to report child abuse and neglect in accordance with subdivision
    15  two of section three thousand four of this article;
    16    (ii) Completion of a workshop approved by  the  department  on  school
    17  violence  intervention  and  prevention  in  accordance with subdivision
    18  three of section three thousand four of this article;
    19    (iii) Six clock hours of coursework or training on harassment,  bully-
    20  ing  and  discrimination  prevention and intervention, as such terms are
    21  defined in section  eleven  of  this  chapter  in  accordance  with  the
    22  purposes of subdivision five of section fourteen of this chapter; and/or
    23    (iv)  For  candidates seeking certification in students with disabili-
    24  ties or English for speakers of other languages,  classroom  instruction
    25  shall  focus  on  developing  knowledge,  understanding,  and skills for
    26  teaching students  with  disabilities  or  students  who  are    English
    27  language learners, respectively, including enhanced coursework or train-
    28  ing.  Field  experience  shall  be  completed under the supervision of a
    29  teacher certified in students with disabilities or English for  speakers
    30  of  other  languages,  respectively,  and  the candidate seeking certif-
    31  ication shall spend:
    32    (A) For students with disabilities, a majority of a candidate's  expe-
    33  rience hours shall be in an integrated co-teaching classroom or a class-
    34  room  otherwise  providing  special services or programs as such term is
    35  defined in section forty-four hundred one of this chapter;
    36    (B) For English for speakers of other languages, a majority of  candi-
    37  date's  required  forty  clock  hours of field experience in a bilingual
    38  education, English as a new language or  integrated  English  as  a  new
    39  language  classroom as such terms are defined in part one hundred fifty-
    40  four of title eight of the New York codes, rules and regulations  or  an
    41  equivalent  classroom  providing  services  to  students who are English
    42  language learners;
    43    (C) For students with disabilities, in addition to the forty hours  of
    44  required field experience, an additional forty hours observing and work-
    45  ing with students with an individualized education program;
    46    (D)  For  English  for speakers of other languages, in addition to the
    47  forty clock hours of required  field  experience,  an  additional  forty
    48  clock hours observing and working with students who are English language
    49  learners  as  such  term is defined in section 154-2.2 of title eight of
    50  the New York codes, rules and regulations; and
    51    (E) For students with  disabilities,  at  least  ten  clock  hours  of
    52  coursework  or  training  in  the law, regulations and appropriate tech-
    53  niques to address discipline of students with disabilities in accordance
    54  with the individuals with disabilities education act and any regulations
    55  promulgated thereunder.
    56    f. An instructional program instructor shall:

        S. 6825                             6
 
     1    (i) be a classroom teacher who has earned at least a bachelor's degree
     2  from an accredited institution and has two years teaching experience;
     3    (ii) be an administrator of the applicant who either:
     4    (A)  previously worked as a classroom teacher who would have qualified
     5  as instructors under subparagraph (i) of this paragraph; or
     6    (B) is a school administrator; or
     7    (iii) has the expertise, advanced study, or licensure  appropriate  to
     8  the  field to teach effectively the course to which they are assigned in
     9  the appropriate depth and  breadth  as  determined  by  the  department.
    10  Individuals  qualified under this subparagraph shall be eligible only to
    11  teach a portion of the instructional program limited to  the  course  in
    12  which  they hold such expertise, advanced study, or licensure. Eligibil-
    13  ity of an individual to teach such course  shall  be  subject  to  prior
    14  approval by the applicant's authorizer.
    15    g.  Candidates enrolled in an instructional program shall be regularly
    16  assessed on all aspects of the  proposed  course  of  study.  Assessment
    17  methods  may  include,  but  need  not be limited to, testing, portfolio
    18  reviews, or demonstration of pedagogical knowledge and skills, and shall
    19  include a final assessment utilizing one or more such method  to  deter-
    20  mine whether the candidate has satisfactorily demonstrated the competen-
    21  cies included in the instructional program. Such final assessment may be
    22  either  the  state  teacher certification examination, the educating all
    23  students test, or an examination  which  measures,  at  a  minimum,  all
    24  required elements of the educating all students test, and is approved by
    25  the  department.  For a candidate seeking certification in students with
    26  disabilities, such candidate shall be additionally assessed with the New
    27  York state content specialty test in students with  disabilities  or  an
    28  examination  which  measures, at a minimum, all required elements of the
    29  content specialty test, and is approved by the applicant's authorizer.
    30    5.  Approval  of  instructional  program.  a.  Applicants  may  submit
    31  proposed  instructional  programs  to  their authorizers. Such proposals
    32  shall include information explaining  the  need  for  the  instructional
    33  program  and  shall  specify how the proposed instructional program will
    34  meet the requirements of this section including by providing:
    35    (i) Proof that the applicant has a demonstrated record of success;
    36    (ii) A list of the certificates that will be  offered  by  the  appli-
    37  cant's instructional program;
    38    (iii) The required candidate qualifications;
    39    (iv) The qualifications of instructional program instructors;
    40    (v)  The  requirements for certification as a "certified intern teach-
    41  er";
    42    (vi) The competencies required for each certificate offered;
    43    (vii) An overview of the classroom instruction to be offered  as  part
    44  of  the  instructional  program  including  how program instructors will
    45  train candidates on how to teach students critical thinking skills; and
    46    (viii) The assessment methods to be used including the  final  assess-
    47  ment.
    48    b. A proposed instructional program shall be approved or denied within
    49  ninety  days  of submission to the applicant's authorizer. If the appli-
    50  cant's authorizer does not approve an instructional program  within  the
    51  timeframe set forth in this paragraph, the application shall be automat-
    52  ically  approved. The authorizer may, but is not required to, permit the
    53  applicant to amend the application during or after  the  review  period.
    54  The authorizer shall state the general reasons for a denial of an appli-
    55  cation in writing. There shall be no review of a denial by the committee
    56  or the board of trustees.

        S. 6825                             7
 
     1    c.  Once the authorizer approves an applicant's instructional program,
     2  the applicant shall commence instruction  of  candidates  in  accordance
     3  with the application and the requirements of this section.
     4    d.  The  requirements  of  an  approved instructional program shall be
     5  considered equivalent to the certification  requirements  applicable  to
     6  other  public  schools  of  the state for purposes of paragraph (a-1) of
     7  subdivision three of section twenty-eight  hundred  fifty-four  of  this
     8  chapter.
     9    6.  Teacher  certifications.  a.  A  teacher  enrolled  in an approved
    10  instructional program shall be granted certification  in  the  following
    11  manner and subject to the following conditions:
    12    (i)  If a candidate teacher is making adequate progress toward meeting
    13  the requirements of an approved  instructional  program,  the  candidate
    14  shall be eligible to receive a certificate as a "certified intern teach-
    15  er" so long as the candidate stays enrolled in the instructional program
    16  and  the  applicant  has  specified  in its application what constitutes
    17  "adequate progress" as defined by the department for  purposes  of  this
    18  subparagraph.    A certified intern teacher's certificate shall be valid
    19  for no longer than six months from the date it is granted, provided that
    20  such certificate may be  renewed  if  the  candidate  teacher  is  still
    21  enrolled  in  the instructional program. To receive such certificate, an
    22  approved applicant shall submit the  names  of  candidate  teachers  who
    23  qualify  to  the  authorizer, whereupon such candidate teachers shall be
    24  issued such certificate. The applicant shall certify as to the truthful-
    25  ness of such submission and shall retain all responsibility and  liabil-
    26  ity resulting from such approval; or
    27    (ii)  If  a  candidate teacher has met the requirements of an approved
    28  instructional program in one or more of the titles designated in  subdi-
    29  vision  four  of  this  section shall be eligible to receive a teacher's
    30  certificate for such title or titles. To receive such  certificate,  the
    31  candidate  teacher  shall  submit  documentation  thereof to an approved
    32  applicant, which shall approve or deny the teacher candidate for certif-
    33  ication within sixty days of  submission.  Such  determination  will  be
    34  based on:
    35    (A)  A review of submitted documentation demonstrating that the candi-
    36  date teacher has completed an approved  instructional  program  for  the
    37  title or titles sought;
    38    (B) A review of the results of a criminal history record search of the
    39  candidate  teacher  performed  by  the department at the direction of an
    40  education corporation as required under paragraph (a-2)  of  subdivision
    41  three  of  section  twenty-eight hundred fifty-four of this chapter. For
    42  purposes of this section, the term "criminal history record" shall  mean
    43  a  record  of all convictions of crimes and any pending criminal charges
    44  maintained on an individual by the division of criminal justice services
    45  and the federal bureau of investigation; and
    46    (C) A recommendation from the approved instructional program  certify-
    47  ing  that  the  candidate  teacher  has  satisfactorily demonstrated the
    48  competencies required by the instructional program. For candidate teach-
    49  ers seeking certification as a students with disabilities teacher or  an
    50  English  for  speakers  of  other languages teacher, such recommendation
    51  will specifically certify that the candidate teacher has  satisfactorily
    52  demonstrated  the  competencies required by the instructional program to
    53  teach students with disabilities or students who  are  English  language
    54  learners, respectively.
    55    b.  The  approved  applicant  shall  submit  the  names and supporting
    56  documentation of all candidate  teachers  approved  to  the  applicant's

        S. 6825                             8
 
     1  charter  authorizer,  whereupon  such  candidate teachers will be issued
     2  such certificate. The applicant shall certify as to the validity of such
     3  approval for certification under this subdivision and shall  retain  all
     4  responsibility and liability resulting from such approval.
     5    c.  Notwithstanding subdivision one of this section, a teacher holding
     6  a valid teaching certificate in good standing issued  by  another  state
     7  that  substantially complies with all other requirements of this section
     8  shall be eligible to receive a teacher's certificate  pursuant  to  this
     9  section without participation in an approved instructional program.
    10    d. The certification created by this section shall be transferrable to
    11  another  education corporation or district school even if the transferee
    12  school does not have an approved instructional program.
    13    e. A teacher's certificate  issued  pursuant  to  this  section  shall
    14  expire three years from the date it is granted. In the case of a teacher
    15  who  obtains an intern teacher's certificate prior to obtaining a teach-
    16  er's certificate, the period of time teaching under the intern teacher's
    17  certificate prior to obtaining a full  teacher's  certificate  shall  be
    18  included for purposes of calculating the three-year period. Such certif-
    19  ication may be renewed and remain valid provided that:
    20    (i)  The  teacher  is  employed by a charter school issued pursuant to
    21  article fifty-six of this chapter or a district school; and
    22    (ii) The employing education corporation submits to its authorizer, or
    23  in the case of a district school its local education agency, a recommen-
    24  dation for certification renewal based on its review  of  the  teacher's
    25  performance  over  the  course of his or her employment at the education
    26  corporation or district school.
    27    f. An applicant shall obtain a signed affirmation from each  candidate
    28  acknowledging  that the candidate has been informed by the applicant and
    29  is aware that the certification the candidate will receive  pursuant  to
    30  this  section is not transferrable to any education corporation or char-
    31  ter school not authorized by an authorized New York charter entity or in
    32  the case of a district school approved for transfer by its local  educa-
    33  tion agency. Such executed affirmation shall be obtained upon enrollment
    34  in an approved instructional program and shall be retained by the appli-
    35  cant for a period of not less than ten years from the date of the latest
    36  certificate issuance.
    37    7.  Accounting.  Each applicant with an approved instructional program
    38  shall reflect the budgeted costs for the instructional program separate-
    39  ly in its annual budget, and specifically account for the costs  thereof
    40  in  its  financial  statements. Applicants shall not charge employees or
    41  others for access to their instructional programs.
    42    8. Accountability and revocation. a. Each applicant shall be  account-
    43  able  for the quality of its instructional programs leading to exemption
    44  from  certification.  Charter  entities  and  local  education  agencies
    45  reserve  the  right  to  independently  assess  and monitor all approved
    46  instructional programs and may revoke approval at any time.  Failure  to
    47  comply  with  any  provision of this section may result in revocation of
    48  the approval.
    49    b. Notice of intent to revoke approval shall be provided to the appli-
    50  cant at least thirty days prior to the effective date  of  the  proposed
    51  revocation.  Such  notice  shall  include a statement of reasons for the
    52  proposed revocation. A school closure  for  academic  reasons  shall  be
    53  deemed notice of intent to review and possibly revoke the approval of an
    54  instructional program.
    55    c.  If applicable, the applicant shall be allowed at least thirty days
    56  to correct the problems associated with the  proposed  revocation.  Non-

        S. 6825                             9
 
     1  curable  causes  of  revocation  include, but are not limited to, fraud,
     2  creation of false business records and obstruction of  investigation  or
     3  monitoring  by  the  applicant's  authorizer. Prior to revocation of the
     4  approval,  an  applicant shall be provided an opportunity to be heard by
     5  the applicant's authorizer, consistent  with  the  requirements  of  due
     6  process. There shall be no appeal of such determination to the committee
     7  or the board of trustees.
     8    §  3004-e.  Record  keeping  requirements.  1. Records and information
     9  regarding an applicant's instructional program pursuant to section three
    10  thousand four-d of this article shall be maintained  by  the  applicant.
    11  Upon request by the applicant's authorizer, such records and information
    12  shall  be  available  for  inspection,  or for delivery of copies to the
    13  applicant's authorizer. The applicant shall also  grant  its  authorizer
    14  access  to  any  electronic  databases  where records or information are
    15  stored regardless of whether the applicant  is  the  custodian  of  such
    16  information.
    17    2. Such records shall include, but not be limited to:
    18    a. Candidate records including, but not limited to:
    19    (i) clock hour attendance;
    20    (ii) clock hour instructors;
    21    (iii) student teaching dates and classes;
    22    (iv) student teaching clock hour accumulation;
    23    (v) student teaching instructors;
    24    (vi) workshop attendance records;
    25    (vii) records reflecting the number of years of teaching experience;
    26    (viii) college transcripts;
    27    (ix)  records  reflecting  whether  a  candidate  is  making  adequate
    28  progress in the instructional program pursuant to section three thousand
    29  four-d of this article; and
    30    (x) the date of completion of the instructional program and the  title
    31  of certification earned;
    32    b. Instructor qualification records including, but not limited to:
    33    (i) college transcripts;
    34    (ii) records reflecting the number of years of teaching experience;
    35    (iii) teacher certification records; and
    36    (iv) certification records; and
    37    c.  Records  regarding  institutions  of  higher education and outside
    38  vendors used as part of the instructional program  pursuant  to  section
    39  three  thousand  four-d  of  this article including, but not limited to,
    40  contracts and financial records.
    41    3. Each applicant shall provide  teachers  and  former  teachers  with
    42  copies  of any certification records pursuant to this section, and at no
    43  more than the cost set forth in the state freedom of information law.
    44    4. An applicant shall store certification records for a minimum of ten
    45  years.
    46    § 3004-f. Additional provisions regarding instructional  programs.  1.
    47  Limitations  and  conditions.  Sections  three thousand four-d and three
    48  thousand four-e of this  article  shall  not  affect  any  certification
    49  approved  by the department nor shall it waive any conditions imposed on
    50  holders of such teacher certifications. All teachers in education corpo-
    51  rations shall continue to comply with the  conditions  in  an  education
    52  corporation's  charter  agreement and any conditions imposed by sections
    53  three thousand four-d and three thousand four-e of this article, includ-
    54  ing but not limited to the criminal background check requirements.
    55    2. Teachers of record. Whether or not an education  corporation  oper-
    56  ates  an  instructional program, when the applicant's authorizer reviews

        S. 6825                            10
 
     1  teacher certification, the authorizer will continue to use  the  concept
     2  of a teacher of record for a classroom of students. By whatever name, if
     3  one  instructional leader of a classroom is properly certified or exempt
     4  from  certification under section three thousand four-d of this article,
     5  the other teachers or adults in the classroom, however  designated,  are
     6  not  also  required to be certified or exempt from certification for the
     7  same group of students.
     8    3. Non-material revision. The approval, revocation or voluntary cessa-
     9  tion of an instructional program shall not be a material revision to the
    10  charter of the applicant requiring  formal  revision  under  subdivision
    11  seven of section twenty-eight hundred fifty-two of this chapter.
    12    §  4.  Subsection  (i)  of  section  601  of the tax law is relettered
    13  subsection (j) and a new subsection (i) is added to read as follows:
    14    (i) To increase the number of minority teachers  serving  the  state's
    15  significantly  high-need schools, qualifying individuals shall be eligi-
    16  ble for income tax exemption in accordance with the following:
    17    (1) Notwithstanding the provisions of subsections (a),  (b),  (c)  and
    18  (d) of this section and any other provision of this article, for taxable
    19  years  beginning  after  January  first,  two  thousand  twenty-six, one
    20  hundred percent of the gross income shall be exempt from tax under  this
    21  article  as  well  as  all  other local taxes regardless of whether such
    22  income is subject to federal income taxation to  each  resident  of  the
    23  state  who  has  qualifying  service  in  the taxable year for which the
    24  exemption is claimed.
    25    (2) For the purposes of this subsection,  "qualifying  service"  shall
    26  mean a service provided by a person who:
    27    (A) is certified as a teacher;
    28    (B)  is employed full time in this state in an elementary or secondary
    29  school that has been designated as a "significantly  high-need  school",
    30  as defined in section thirty-six hundred fourteen of the education law;
    31    (C) complied with subdivision five of section six hundred sixty-one of
    32  the education law; and
    33    (D)    meets the ethnic definition of minority group member as defined
    34  in article fifteen-A of the executive law.
    35    § 5. Severability.  If any provision of this act, or  any  application
    36  of  any  provision  of  this  act, is held to be invalid, that shall not
    37  affect the validity or effectiveness of any other provision of this act,
    38  or of any other application of any provision of this act, which  can  be
    39  given effect without that provision or application; and to that end, the
    40  provisions and applications of this act are severable.
    41    §  6.  This  act  shall take effect on the sixtieth day after it shall
    42  have become a law. Effective immediately, the addition, amendment and/or
    43  repeal of any rule or regulation necessary  for  the  implementation  of
    44  this  act  on its effective date are authorized to be made and completed
    45  on or before such effective date.
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