Authorizes a state monitor for the Wyandanch union free school district to provide direct oversight of the fiscal policies, practices, programs and decisions of such school district.
STATE OF NEW YORK
________________________________________________________________________
8422--A
2019-2020 Regular Sessions
IN ASSEMBLY
June 17, 2019
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT authorizing the commissioner of education, in consultation with
the comptroller to appoint a monitor to oversee the Wyandanch union
free school district and establishing the powers and duties of the
monitor; and providing for the repeal of such provisions upon expira-
tion thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Definitions. For the purposes of this act:
2 (a) "Monitor" shall mean the person appointed pursuant to section two
3 of this act.
4 (b) "Board of education" or "board" shall mean the board of education
5 of the Wyandanch union free school district.
6 (c) "Superintendent" shall mean the superintendent of the Wyandanch
7 union free school district.
8 (d) "Commissioner" shall mean the commissioner of education.
9 (e) "School district" or "district" shall mean the Wyandanch union
10 free school district.
11 (f) "Comptroller" shall mean the state comptroller.
12 (g) "Relatives" shall mean a Wyandanch union free school district
13 board member's spouse, domestic partner, child, stepchild, stepparent,
14 or any person who is a direct descendant of the grandparents of the
15 current board member or of the board member's spouse or domestic part-
16 ner.
17 § 2. Appointment. (a) The commissioner of education shall appoint a
18 monitor, subject to appropriation, to provide direct oversight of the
19 fiscal policies, practices, programs and decisions of the school
20 district, the board of education and the superintendent. The commission-
21 er of education shall provide the monitor with technical support and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11225-08-9
A. 8422--A 2
1 assistance for the purposes of carrying out his or her duties under this
2 act, if requested by the monitor. The monitor shall serve at the pleas-
3 ure of the commissioner of education.
4 (b) The monitor shall be paid a fixed salary set by the commissioner
5 of education and shall be reimbursed for actual and necessary expenses
6 incurred in the performance of his or her duties including travel and
7 supplies. The costs associated with the implementation of this act shall
8 be borne by the state and shall be paid through a state appropriation.
9 (c) The monitor shall be a non-voting ex-officio member of the school
10 board. The monitor shall be an individual who is not a resident or
11 employee of the school district or a relative of board members of the
12 school district at the time of his or her appointment. The monitor shall
13 have experience in school district finances and, to the extent practi-
14 cal, shall have experience in one or more of the following areas:
15 (i) elementary and secondary education;
16 (ii) the operation of school districts in New York;
17 (iii) educating students with disabilities; or
18 (iv) educating English language learners.
19 § 3. (a) The monitor shall be entitled to attend all meetings of the
20 board, including executive sessions; provided however, such monitor
21 shall not be considered for purposes of establishing a quorum of the
22 board. The school district shall fully cooperate with any monitor
23 appointed by the commissioner of education, including but not limited to
24 providing such monitor with access to any necessary documents and
25 records of the district including access to electronic information
26 systems, databases and planning documents, consistent with all applica-
27 ble state and federal statutes including but not limited to the Family
28 Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g) and
29 section 2-d of the education law.
30 (b) The board, in consultation with the monitor, shall adopt a
31 conflict of interest policy that complies with all existing applicable
32 laws and regulations and ensures that its board members act in the
33 school district's best interest and comply with applicable legal
34 requirements. The conflict of interest policy shall include, but not be
35 limited to:
36 (i) a definition of the circumstances that constitute a conflict of
37 interest;
38 (ii) procedures for disclosing a conflict of interest to the board;
39 (iii) a requirement that the person with the conflict of interest not
40 participate in board deliberation or vote on the matter giving rise to
41 such conflict, provided that nothing in this subdivision shall prohibit
42 the board from requesting that the person with the conflict of interest
43 present information as background or answer questions at a board meeting
44 prior to the commencement of deliberations or voting relating thereto;
45 (iv) a prohibition against any attempt by the person with the conflict
46 to influence improperly the deliberation or voting on the matter giving
47 rise to such conflict; and
48 (v) a requirement that the existence and resolution of the conflict be
49 documented in the board's records, including in the minutes of any meet-
50 ing at which the conflict was discussed or voted upon.
51 § 4. Financial plan. The financial plan shall be hereinafter known as
52 the "plan". (a) No later than November first, two thousand nineteen, the
53 board, in consultation with the monitor, shall develop a proposed finan-
54 cial plan for the two thousand nineteen--two thousand twenty school year
55 and the four subsequent school years. The financial plan shall ensure
56 that annual aggregate operating expenses shall not exceed annual aggre-
A. 8422--A 3
1 gate operating revenues for such school year and that the major operat-
2 ing funds of the district be balanced in accordance with generally
3 accepted accounting principles. The financial plan shall include state-
4 ments of all estimated revenues, expenditures, and cash flow projections
5 of the district.
6 (b) Prior to submitting the proposed plan to the monitor for review
7 and approval of the monitor, the board of education shall conduct a
8 public hearing on the plans and consider the input of the community. The
9 proposed plan shall be made public on the district's website at least
10 three business days before such public hearing. Once the proposed finan-
11 cial plan has been adopted by the board of education, such plan shall be
12 submitted to the monitor for final approval.
13 (c) No later than fifteen calendar days after submitting the proposed
14 plan to the monitor, unless the monitor needs additional information to
15 make an informed decision, the monitor shall approve or disapprove the
16 financial plan. In the event the monitor shall disapprove such plan, the
17 monitor shall promptly provide the board written notice of its reasons
18 for disapproval. Within fifteen calendar days from the receipt of such
19 notice, the board shall modify the rejected plan. If the modified plan
20 is approved by the monitor, the board of education shall adopt and
21 implement such plan. If the modified plan is not approved by the moni-
22 tor, the monitor shall impose a plan of his or her own formulation, and
23 the board shall then adopt and implement such plan. The final financial
24 plan shall be made available to the public, including on the district's
25 website, at least three business days after adoption.
26 § 5. Fiscal and operational oversight by the commissioner of education
27 and the comptroller.
28 (a) The board of education shall annually submit the school district's
29 proposed budget for the next succeeding school year to the monitor no
30 later than 45 days before the date scheduled for the school district's
31 budget vote. The monitor shall review the proposed budget to ensure
32 that it is balanced within the context of revenue and expenditure esti-
33 mates and mandated programs and, to the greatest extent possible, is
34 consistent with the financial plan. The monitor shall present its find-
35 ings to the board of education no later than 30 days prior to the date
36 scheduled for the school district's budget vote. The board of education,
37 with the approval of the monitor, shall make adjustments to the proposed
38 budget consistent with any recommendations made by the monitor. The
39 school district shall make available on the district's website: the
40 initial proposed budget; the monitor's findings; and the final proposed
41 budget prior to the date of the school district's budget vote. Nothing
42 in this act shall be construed to abrogate the duties and responsibil-
43 ities of the school district consistent with applicable state law and
44 regulations.
45 (b) The district shall provide quarterly reports to the monitor and
46 annual reports to the commissioner and comptroller on the fiscal and
47 operational status of the school district to ensure that it maintains a
48 balanced budget in accordance with subdivision (a) of this section. In
49 addition, the monitors shall provide an annual report to the commission-
50 er and comptroller on all contracts that the district entered into
51 throughout the year.
52 (c) The comptroller shall annually conduct a general fiscal audit of
53 the Wyandanch union free school district, and the district shall post
54 the comptroller's audit and the board's response on the district's
55 website.
A. 8422--A 4
1 (d) The monitor shall have the power to approve or disapprove the
2 appointment of a superintendent by the board of education. If the moni-
3 tor disapproves of the appointment, then the board shall recommend a new
4 candidate for the monitor to approve or disapprove until an appointment
5 is approved by the monitor.
6 (e) The monitor shall have the authority to approve or deny all travel
7 outside the district paid for by the school district.
8 (f) The monitor shall have authority to approve or deny all contracts
9 and expenditures of the district, except for collective bargaining
10 agreements negotiated in accordance with article 14 of the civil service
11 law.
12 (g) The monitor shall work with the district's shared decision-making
13 committee formed in accordance with part 100.11 of the commissioner of
14 education's regulations in developing district goals, implementation of
15 district priorities or budgetary recommendations.
16 (h) The monitor shall assist in resolving any disputes and conflicts,
17 included but not limited to, those between the superintendent and the
18 board of education and among the members of the board of education.
19 (i) The monitor shall attempt to engage in cost saving measures
20 including, but not limited to, shared service agreements.
21 § 6. This act shall take effect immediately and shall expire June 30,
22 2024, when upon such date the provisions of this act shall be deemed
23 repealed.
