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A02289 Summary:

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A02289 Floor Votes:

A02289 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2026                                                  A. 2289
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 14, 2011
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sen.  FLANAGAN -- read twice and ordered
          printed, and when printed to be committed to the Committee on Finance
 
        IN ASSEMBLY -- Introduced by M. of A. NOLAN -- read once and referred to
          the Committee on Education
 
        AN ACT to amend the education law, in relation to apportionment of state

          aid to libraries and library systems,  teachers  of  tomorrow  teacher
          recruitment  and  retention program and duties of school districts; to
          amend chapter 756 of the laws of 1992 relating to  funding  a  program
          for work force education conducted by the consortium for worker educa-
          tion   in  New  York  city,  in  relation  to  effectiveness  of  such
          provisions; to amend chapter 425 of the laws  of  2002,  amending  the
          education  law  relating  to the provision of supplemental educational
          services, attendance at a safe public school  and  the  suspension  of
          pupils  who  bring  a  firearm to or possess a firearm at a school, in
          relation to the effectiveness of such chapter; to amend chapter 101 of
          the laws of 2003, amending the education law relating  to  implementa-
          tion  of  the  No  Child  Left  Behind Act of 2001, in relation to the

          effectiveness thereof; to amend chapter  147  of  the  laws  of  2001,
          amending  the  education  law  relating  to conditional appointment of
          school district, charter school or BOCES employees, in relation to the
          effectiveness thereof; to amend chapter 57 of the laws of 2008  amend-
          ing  the  education  law  relating  to  the universal pre-kindergarten
          program, in relation to extending the  provisions  thereof;  to  amend
          chapter  386  of the laws of 1996, amending the education law relating
          to providing for a waiver allowing state aid in certain circumstances,
          in relation to extending its effectiveness; to amend chapter 57 of the
          laws of 2004, relating to support of education, in relation to extend-
          ing the provisions thereof; to amend chapter 169 of the laws  of  1994
          relating  to  certain  provisions  related  to the 1994-95 state oper-

          ations, aid to localities, capital projects and debt service  budgets,
          in  relation  to the effectiveness thereof; and to amend chapter 82 of
          the laws of 1995, amending the education law and  certain  other  laws
          relating  to  state  aid  to school districts and the appropriation of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08315-01-1
        S. 2026                             2                            A. 2289
 
          funds for the support of government, in relation to the  effectiveness
          thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1                                   PART A
 

     2    Section 1.  Subdivision 12 of section 273 of  the  education  law,  as
     3  amended  by  section 4-a of part A of chapter 57 of the laws of 2009, is
     4  amended to read as follows:
     5    12. The commissioner is hereby authorized to expend  in  state  fiscal
     6  year  two  thousand six--two thousand seven three million dollars and in
     7  state fiscal year two thousand seven--two thousand eight  eight  million
     8  dollars  and  in state fiscal year two thousand eight--two thousand nine
     9  seven million nine hundred forty thousand dollars and  in  state  fiscal
    10  year  two  thousand  nine--two thousand ten eight million dollars and in
    11  state fiscal year two thousand ten--two thousand  eleven  eight  million
    12  dollars subject to an appropriation for formula grants to public library
    13  systems,  reference  and  research library resources systems, and school

    14  library systems operating under an approved plan of service. Such formu-
    15  la grants shall be provided for the period  commencing  July  first  and
    16  ending  on  June  thirtieth  next following. Such formula grants will be
    17  distributed in the following manner:
    18    a. Each public library system established  pursuant  to  sections  two
    19  hundred  fifty-five and two hundred seventy-two of this part and operat-
    20  ing under a plan approved by the commissioner  is  entitled  to  receive
    21  thirty-nine  thousand dollars and an amount equal to ten and ninety-four
    22  hundredths percent of the amount of state aid received for  the  current
    23  year by such system under paragraphs a, c, d, e and n of subdivision one
    24  of  this  section  for  the  two thousand [nine] ten--two thousand [ten]
    25  eleven state fiscal year;

    26    b. Each reference and research library  resources  system  established
    27  pursuant  to  section two hundred seventy-two of this part and operating
    28  under a plan approved by the commissioner is entitled to  receive  thir-
    29  ty-nine  thousand  dollars  and  an  amount equal to ten and ninety-four
    30  hundredths percent of the amount of state aid received for  the  current
    31  year  under  paragraph a of subdivision four of this section for the two
    32  thousand [nine] ten--two thousand [ten] eleven state fiscal year; and
    33    c. Each school library system  established  pursuant  to  section  two
    34  hundred  eighty-two  of this part and operating under a plan approved by
    35  the commissioner is entitled to receive thirty-nine thousand dollars and
    36  an amount equal to ten and ninety-four hundredths percent of the  amount

    37  of  state  aid  received for the current year by such system under para-
    38  graphs a, b, c, d, e and f of subdivision one  of  section  two  hundred
    39  eighty-four  of  this part for the two thousand [nine] ten--two thousand
    40  [ten] eleven state fiscal year.
    41    § 2. Paragraph b of subdivision 2 of section  3612  of  the  education
    42  law,  as  amended  by  section 28 of part A of chapter 57 of the laws of
    43  2009, is amended to read as follows:
    44    b. Such grants shall be awarded to school districts, within the limits
    45  of funds appropriated therefor, through a competitive process that takes
    46  into consideration the magnitude of any  shortage  of  teachers  in  the
    47  school  district, the number of teachers employed in the school district
        S. 2026                             3                            A. 2289
 

     1  who hold temporary licenses to teach in the public schools of the state,
     2  the number of provisionally certified teachers, the fiscal capacity  and
     3  geographic  sparsity  of  the  district,  the number of new teachers the
     4  school district intends to hire in the coming school year and the number
     5  of summer in the city student internships proposed by an eligible school
     6  district,  if applicable. Grants provided pursuant to this section shall
     7  be used only for the purposes enumerated in this section.  Notwithstand-
     8  ing any other provision of law to the contrary, a city  school  district
     9  in a city having a population of one million or more inhabitants receiv-
    10  ing a grant pursuant to this section may use no more than eighty percent
    11  of  such  grant  funds  for any recruitment, retention and certification
    12  costs associated with transitional certification of  teacher  candidates

    13  for  the  school  years  two thousand one--two thousand two through [two
    14  thousand nine--two thousand ten] two thousand ten--two thousand eleven.
    15    § 3. Subdivision 6 of section 4402 of the education law, as amended by
    16  section 34 of part A of chapter 57 of the laws of 2009,  is  amended  to
    17  read as follows:
    18    6.  Notwithstanding any other law, rule or regulation to the contrary,
    19  the board of education of a city school district with  a  population  of
    20  one  hundred twenty-five thousand or more inhabitants shall be permitted
    21  to establish  maximum  class  sizes  for  special  classes  for  certain
    22  students  with  disabilities  in  accordance with the provisions of this
    23  subdivision. For the purpose of obtaining relief from any adverse fiscal
    24  impact from under-utilization of special education resources due to  low

    25  student  attendance  in  special  education  classes  at  the middle and
    26  secondary level as determined by the commissioner, such boards of educa-
    27  tion shall, during the school years nineteen hundred  ninety-five--nine-
    28  ty-six  through  June  thirtieth,  two thousand [ten] eleven of the [two
    29  thousand nine--two thousand ten] two thousand ten--two  thousand  eleven
    30  school  year,  be  authorized to increase class sizes in special classes
    31  containing students with disabilities whose age ranges are equivalent to
    32  those of students in middle and secondary  schools  as  defined  by  the
    33  commissioner for purposes of this section by up to but not to exceed one
    34  and  two  tenths  times  the  applicable maximum class size specified in
    35  regulations of the commissioner rounded up to the nearest whole  number,

    36  provided  that  in  a  city  school  district having a population of one
    37  million or more, classes that have a maximum class size of  fifteen  may
    38  be increased by no more than one student and provided that the projected
    39  average  class size shall not exceed the maximum specified in the appli-
    40  cable regulation, provided that such authorization  shall  terminate  on
    41  June  thirtieth,  two thousand. Such authorization shall be granted upon
    42  filing of a notice by such a board of education  with  the  commissioner
    43  stating the board's intention to increase such class sizes and a certif-
    44  ication  that  the  board will conduct a study of attendance problems at
    45  the secondary level and will  implement  a  corrective  action  plan  to
    46  increase  the rate of attendance of students in such classes to at least
    47  the rate for students attending regular education classes  in  secondary

    48  schools  of the district. Such corrective action plan shall be submitted
    49  for approval by the commissioner by a date during  the  school  year  in
    50  which  such  board  increases  class  sizes as provided pursuant to this
    51  subdivision to be prescribed by the commissioner. Upon at  least  thirty
    52  days  notice  to  the board of education, after conclusion of the school
    53  year in which such board increases class sizes as provided  pursuant  to
    54  this subdivision, the commissioner shall be authorized to terminate such
    55  authorization  upon  a  finding  that the board has failed to develop or
    56  implement an approved corrective action plan.
        S. 2026                             4                            A. 2289
 
     1    § 4. Section 6 of chapter 756 of the laws of 1992, relating to funding
     2  a program for work force education conducted by the consortium for work-

     3  er education in New York city, as amended by section 43  of  part  A  of
     4  chapter 57 of the laws of 2009, is amended to read as follows:
     5    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
     6  repealed on June 30, [2010] 2011.
     7    § 5. Section 4 of chapter 425 of the laws of 2002, amending the educa-
     8  tion law relating to the provision of supplemental educational services,
     9  attendance at a safe public school and  the  suspension  of  pupils  who
    10  bring a firearm to or possess a firearm at a school, as amended by chap-
    11  ter 158 of the laws of 2009, is amended to read as follows:
    12    §  4.  This act shall take effect July 1, 2002 and shall expire and be
    13  deemed repealed June 30, [2010] 2011.
    14    § 6. Section 5 of chapter 101 of the laws of 2003, amending the educa-

    15  tion law relating to implementation of the No Child Left Behind  Act  of
    16  2001,  as amended by chapter 158 of the laws of 2009, is amended to read
    17  as follows:
    18    § 5. This act shall take effect immediately;  provided  that  sections
    19  one,  two  and  three of this act shall expire and be deemed repealed on
    20  June 30, [2010] 2011.
    21    § 7. Section 12 of chapter 147 of  the  laws  of  2001,  amending  the
    22  education  law  relating  to conditional appointment of school district,
    23  charter school or BOCES employees, as amended by chapter 179 of the laws
    24  of 2009, is amended to read as follows:
    25    § 12. This act shall take effect on the same date as  chapter  180  of
    26  the laws of 2000 takes effect, and shall expire July 1, [2010] 2011 when
    27  upon such date the provisions of this act shall be deemed repealed.

    28    §  8.  Subdivision 4 of section 51 of part B of chapter 57 of the laws
    29  of 2008 amending the education law relating to the universal pre-kinder-
    30  garten program, is amended to read as follows:
    31    4. section 23 of this act shall take effect July  1,  2008  and  shall
    32  expire and be deemed repealed June 30, [2010] 2012;
    33    § 9. Section 2 of chapter 386 of the laws of 1996, amending the educa-
    34  tion  law  relating  to  providing  for  a  waiver allowing state aid in
    35  certain circumstances, as amended by chapter 661 of the laws of 2005, is
    36  amended to read as follows:
    37    § 2. This  act  shall  take  effect  immediately,  provided  that  the
    38  provisions  of  this  act shall be deemed to have been in full force and
    39  effect on and after January 1, 1996, and provided, further that this act

    40  shall be deemed repealed on and after January 1, [2011] 2015.
    41    § 10.  Subdivision 11 of section 94 of part C of  chapter  57  of  the
    42  laws of 2004, relating to support of education, as amended by section 55
    43  of  part  A  of  chapter  57  of the laws of 2009, is amended to read as
    44  follows:
    45    11. section seventy-one  of  this  act  shall  expire  and  be  deemed
    46  repealed June 30, [2010] 2011;
    47    §  11. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
    48  relating to certain provisions related to the 1994-95 state  operations,
    49  aid to localities, capital projects and debt service budgets, as amended
    50  by section 44 of part A of chapter 57 of the laws of 2009, is amended to
    51  read as follows:
    52    1.  Sections  one  through seventy of this act shall be deemed to have

    53  been in full force and effect as of April  1,  1994  provided,  however,
    54  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
    55  through seventy of this act shall expire and be deemed repealed on March
    56  31, 2000; provided, however, that section twenty of this act shall apply
        S. 2026                             5                            A. 2289
 
     1  only to hearings commenced prior to  September  1,  1994,  and  provided
     2  further  that  section twenty-six of this act shall expire and be deemed
     3  repealed on March 31, 1997; and  provided  further  that  sections  four
     4  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
     5  twenty-one-a  of  this  act shall expire and be deemed repealed on March
     6  31, 1997; and provided further that sections three, fifteen,  seventeen,

     7  twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
     8  deemed repealed on March 31, [2011] 2012.
     9    § 12. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
    10  of  1995,  amending the education law and certain other laws relating to
    11  state aid to school districts and the appropriation  of  funds  for  the
    12  support  of government, as amended by section 45 of part A of chapter 57
    13  of the laws of 2009, are amended to read as follows:
    14    (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
    15  fourteen,  one hundred fifteen and one hundred sixteen of this act shall
    16  take effect on July 1, 1995; provided, however, that section one hundred
    17  thirteen of this act shall remain in full force and effect until July 1,
    18  [2010] 2011 at which time it shall be deemed repealed;

    19    (24) sections one hundred eighteen through one hundred thirty of  this
    20  act  shall  be deemed to have been in full force and effect on and after
    21  July 1, 1995; provided further, however, that the amendments made pursu-
    22  ant to section one hundred nineteen of this act shall be  deemed  to  be
    23  repealed on and after July 1, [2010] 2011;
    24    § 13. School bus driver training. In addition to apportionments other-
    25  wise  provided  by section 3602 of the education law, for aid payable in
    26  the 2010-2011 school year, the commissioner of education shall  allocate
    27  school  bus  driver  training  grants  to school districts and boards of
    28  cooperative education services pursuant to sections 3650-a,  3650-b  and
    29  3650-c of the education law, or for contracts directly with not-for-pro-
    30  fit  educational  organizations  for  the purposes of this section. Such

    31  payments shall not exceed four hundred thousand dollars ($400,000).
    32    § 14. Support of public libraries. The  moneys  appropriated  for  the
    33  support  of  public  libraries  by  chapter 53 of the laws of 2010 which
    34  enacts the education, labor and family assistance budget shall be appor-
    35  tioned for 2010--2011 in accordance with the provisions of sections 271,
    36  272, 273, 282, 284, and 285 of the education law and the  provisions  of
    37  this section, provided that library construction aid pursuant to section
    38  273-a  of the education law shall not be payable from the appropriations
    39  for the support  of  public  libraries  and  provided  further  that  no
    40  library,  library  system  or program, as defined by the commissioner of
    41  education, shall receive less  total  system  or  program  aid  than  it
    42  received  for  the  year  2001--2002  except  as a result of a reduction

    43  adjustment necessary to conform to the  appropriations  for  support  of
    44  public libraries.
    45    Notwithstanding  any other provision of law to the contrary the moneys
    46  appropriated for the support of public libraries for the year 2010--2011
    47  by chapter 53 of the laws of 2010 which enacts the education, labor  and
    48  family assistance budget shall fulfill the state's obligation to provide
    49  such aid and, pursuant to a plan developed by the commissioner of educa-
    50  tion  and  approved  by  the  director of the budget, the aid payable to
    51  libraries and library systems pursuant to such appropriations  shall  be
    52  reduced  proportionately  to assure that the total amount of aid payable
    53  does not exceed the total appropriations for such purpose.
    54    § 15. Special apportionment for salary  expenses.  a.  Notwithstanding
    55  any  other  provision  of  law,  upon application to the commissioner of

    56  education, not sooner than the first day of  the  second  full  business
        S. 2026                             6                            A. 2289
 
     1  week  of  June,  2011  and not later than the last day of the third full
     2  business week of June, 2011, a school district eligible  for  an  appor-
     3  tionment pursuant to section 3602 of the education law shall be eligible
     4  to  receive  an  apportionment  pursuant to this section, for the school
     5  year ending June 30, 2011, for salary expenses incurred between April  1
     6  and  June  30,  2011, and such apportionment shall not exceed the sum of
     7  (i) the deficit reduction assessment of 1990-91  as  determined  by  the
     8  commissioner  of  education, pursuant to paragraph f of subdivision 1 of
     9  section 3602 of the education law, as in effect through June  30,  1993,

    10  plus  (ii)  186  percent  of such amount for a city school district in a
    11  city with a population in excess of 1,000,000  inhabitants,  plus  (iii)
    12  209  percent  of such amount for a city school district in a city with a
    13  population of more than 195,000 inhabitants and less than 219,000 inhab-
    14  itants according to the latest federal census, plus  (iv)  the  net  gap
    15  elimination adjustment for 2010--2011, as determined by the commissioner
    16  of  education pursuant to paragraph e of subdivision 1 of section 3609-a
    17  of the education law as in effect through June 30,  2011,  and  provided
    18  further  that  such apportionment shall not exceed such salary expenses.
    19  Such application shall be made by a school district, after the board  of
    20  education or trustees have adopted a resolution to do so and in the case
    21  of  a  city  school  district  in  a city with a population in excess of

    22  125,000 inhabitants, with the approval of the mayor of such city.
    23    b. The claim for an apportionment to be  paid  to  a  school  district
    24  pursuant  to  subdivision  a  of  this section shall be submitted to the
    25  commissioner of education on a form prescribed  for  such  purpose,  and
    26  shall  be  payable upon determination by such commissioner that the form
    27  has been submitted as prescribed. Such approved amounts shall be payable
    28  on the same day in September of the school year following  the  year  in
    29  which  application was made as funds provided pursuant to subparagraph 4
    30  of paragraph b of subdivision 4 of section 92-c  of  the  state  finance
    31  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    32  certified or approved by the commissioner of  education  in  the  manner
    33  prescribed  by  law  from  moneys in the state lottery fund and from the

    34  general fund to the extent that the amount paid  to  a  school  district
    35  pursuant  to  this  section  exceeds the amount, if any, due such school
    36  district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
    37  section  3609-a  of  the  education law in the school year following the
    38  year in which application was made.
    39    c. Notwithstanding the provisions of section 3609-a of  the  education
    40  law, an amount equal to the amount paid to a school district pursuant to
    41  subdivisions  a  and  b of this section shall first be deducted from the
    42  following payments due  the  school  district  during  the  school  year
    43  following  the  year  in which application was made pursuant to subpara-
    44  graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section
    45  3609-a  of  the education law in the following order: the lottery appor-

    46  tionment payable pursuant to subparagraph 2 of such  paragraph  followed
    47  by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
    48  paragraph and then followed by the district's payments to the  teachers'
    49  retirement  system pursuant to subparagraph 1 of such paragraph, and any
    50  remainder to be  deducted  from  the  individualized  payments  due  the
    51  district  pursuant  to paragraph b of such subdivision shall be deducted
    52  on a chronological basis starting with  the  earliest  payment  due  the
    53  district.
    54    §  16. Special apportionment for public pension accruals. a.  Notwith-
    55  standing any other provision of law, upon application to the commission-
    56  er of education, not later than June 30, 2011, a school district  eligi-
        S. 2026                             7                            A. 2289
 

     1  ble  for  an apportionment pursuant to section 3602 of the education law
     2  shall be eligible to receive an apportionment pursuant to this  section,
     3  for  the  school year ending June 30, 2011, and such apportionment shall
     4  not  exceed  the  additional  accruals  required  to  be  made by school
     5  districts in the 2004-05 and 2005-06 school years associated with chang-
     6  es for such public pension liabilities. The amount  of  such  additional
     7  accrual shall be certified to the commissioner of education by the pres-
     8  ident  of  the  board  of education or the trustees or, in the case of a
     9  city school district in a city with a population in  excess  of  125,000
    10  inhabitants, the mayor of such city. Such application shall be made by a
    11  school district, after the board of education or trustees have adopted a
    12  resolution  to do so and in the case of a city school district in a city

    13  with a population in excess of 125,000 inhabitants, with the approval of
    14  the mayor of such city.
    15    b. The claim for an apportionment to be  paid  to  a  school  district
    16  pursuant  to  subdivision  a  of  this section shall be submitted to the
    17  commissioner of education on a form prescribed  for  such  purpose,  and
    18  shall  be  payable upon determination by such commissioner that the form
    19  has been submitted as prescribed. Such approved amounts shall be payable
    20  on the same day in September of the school year following  the  year  in
    21  which  application was made as funds provided pursuant to subparagraph 4
    22  of paragraph b of subdivision 4 of section 92-c  of  the  state  finance
    23  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    24  certified or approved by the commissioner of  education  in  the  manner

    25  prescribed  by  law  from  moneys in the state lottery fund and from the
    26  general fund to the extent that the amount paid  to  a  school  district
    27  pursuant  to  this  section  exceeds the amount, if any, due such school
    28  district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
    29  section  3609-a  of  the  education law in the school year following the
    30  year in which application was made.
    31    c. Notwithstanding the provisions of section 3609-a of  the  education
    32  law, an amount equal to the amount paid to a school district pursuant to
    33  subdivisions  a  and  b of this section shall first be deducted from the
    34  following payments due  the  school  district  during  the  school  year
    35  following  the  year  in which application was made pursuant to subpara-
    36  graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section

    37  3609-a  of  the education law in the following order: the lottery appor-
    38  tionment payable pursuant to subparagraph 2 of such  paragraph  followed
    39  by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
    40  paragraph and then followed by the district's payments to the  teachers'
    41  retirement  system pursuant to subparagraph 1 of such paragraph, and any
    42  remainder to be  deducted  from  the  individualized  payments  due  the
    43  district  pursuant  to paragraph b of such subdivision shall be deducted
    44  on a chronological basis starting with  the  earliest  payment  due  the
    45  district.
    46    §  17.  a.  Notwithstanding  any  other law, rule or regulation to the
    47  contrary, any moneys appropriated to the state education department  may
    48  be  suballocated  to  other state departments or agencies, as needed, to
    49  accomplish the intent of the specific appropriations contained therein.

    50    b. Notwithstanding any other law, rule or regulation to the  contrary,
    51  moneys  appropriated  to the state education department from the general
    52  fund/aid to localities,  local  assistance  account-001,  shall  be  for
    53  payment  of  financial  assistance,  as scheduled, net of disallowances,
    54  refunds, reimbursement and credits.
    55    c. Notwithstanding any other law, rule or regulation to the  contrary,
    56  all  moneys  appropriated  to  the state education department for aid to
        S. 2026                             8                            A. 2289
 
     1  localities shall be available for payment of aid heretofore or hereafter
     2  to accrue and may be suballocated to other departments and  agencies  to
     3  accomplish the intent of the specific appropriations contained therein.
     4    d.  Notwithstanding any other law, rule or regulation to the contrary,

     5  moneys appropriated  to  the  state  education  department  for  general
     6  support  for  public  schools may be interchanged with any other item of
     7  appropriation for general support for public schools within the  general
     8  fund local assistance account elementary, middle, secondary and continu-
     9  ing education program.
    10    § 18. Notwithstanding the provision of any law, rule, or regulation to
    11  the  contrary,  the  city school district of the city of Rochester, upon
    12  the consent of the board of  cooperative  educational  services  of  the
    13  supervisory  district  serving  its  geographic region may purchase from
    14  such board for the  2010-11  school  year,  as  a  non-component  school
    15  district, services required by article 19 of the education law.
    16    §  19.  Notwithstanding  any  provision  of  law  to the contrary, the

    17  purposes and funding levels specified in section 54 of Part A of chapter
    18  57 of the laws of 2009 shall be continued for such purposes and at  such
    19  levels for the two thousand ten - two thousand eleven school year.
    20    § 20. Severability. The provisions of this act shall be severable, and
    21  if  the  application  of  any  clause, sentence, paragraph, subdivision,
    22  section or part of this act to  any  person  or  circumstance  shall  be
    23  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
    24  judgment shall not necessarily affect, impair or invalidate the applica-
    25  tion of any such clause, sentence, paragraph, subdivision, section, part
    26  of this act or remainder thereof, as the  case  may  be,  to  any  other
    27  person  or  circumstance,  but shall be confined in its operation to the
    28  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof

    29  directly  involved  in the controversy in which such judgment shall have
    30  been rendered.
    31    § 21. This act shall take effect immediately and shall  be  deemed  to
    32  have been in full force and effect on and after April 1, 2010, provided,
    33  however, that:
    34    1.  sections  two and three, thirteen, fifteen and sixteen of this act
    35  shall be deemed to have been in full force and effect on and after  July
    36  1, 2010; and
    37    2.  the  amendments  to subdivision 6 of section 4402 of the education
    38  law made by section three of this act shall not  affect  the  repeal  of
    39  such subdivision and shall be deemed repealed therewith.