- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S07321 Summary:
BILL NO | S07321 |
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SAME AS | SAME AS A09079-A |
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SPONSOR | THOMAS |
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COSPNSR | |
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MLTSPNSR | |
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Rpld Chap of 2019 (as proposed in S.6559 & A.8403) | |
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Authorizes the appointment of a monitor to oversee the Hempstead union free school district. |
S07321 Actions:
BILL NO | S07321 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/17/2020 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/21/2020 | ORDERED TO THIRD READING CAL.208 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/21/2020 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/21/2020 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/21/2020 | referred to education | |||||||||||||||||||||||||||||||||||||||||||||||||
01/27/2020 | substituted for a9079a | |||||||||||||||||||||||||||||||||||||||||||||||||
01/27/2020 | ordered to third reading cal.350 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/27/2020 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/27/2020 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2020 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2020 | SIGNED CHAP.19 |
S07321 Committee Votes:
Go to topS07321 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Cruz
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barclay
Yes
Darling
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barnwell
Yes
Raynor
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Steck
Yes
Barrett
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stern
ER
Barron
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Ramos
Yes
Stirpe
Yes
Benedetto
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Rivera
Yes
Vanel
Yes
Brabenec
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
ER
Rodriguez
Yes
Walczyk
Yes
Braunstein
No
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Romeo
Yes
Walker
Yes
Bronson
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rosenthal D
Yes
Wallace
Yes
Buchwald
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal L
Yes
Walsh
ER
Burke
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weinstein
Yes
Buttenschon
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Ryan
ER
Weprin
Yes
Byrne
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Salka
Yes
Williams
Yes
Byrnes
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Santabarbara
Yes
Woerner
Yes
Cahill
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Sayegh
Yes
Wright
Yes
Carroll
ER
Finch
Yes
Lalor
Yes
Otis
ER
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Schmitt
Yes
Mr. Speaker
Yes
Cook
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Seawright
‡ Indicates voting via videoconference
S07321 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7321 IN SENATE January 17, 2020 ___________ Introduced by Sen. THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to repeal a chapter of the laws of 2019, authorizing the commis- sioner of education and the chancellor of the board of regents, with the approval of the board of regents, to appoint monitors to oversee the Hempstead union free school district as proposed in legislative bills numbers S.6559 and A.8403; authorizing the commissioner of education to appoint a monitor to oversee the Hempstead union free school district and establishing the powers and duties of such moni- tor; and providing for the repeal of certain 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. A chapter of the laws of 2019, authorizing the commissioner 2 of education and the chancellor of the board of regents, with the 3 approval of the board of regents, to appoint monitors to oversee the 4 Hempstead union free school district as proposed in legislative bills 5 numbers S.6559 and A.8403, is REPEALED. 6 § 2. Definitions. As used in this act: 7 (a) "Commissioner" shall mean the commissioner of education; 8 (b) "Department" shall mean the state education department; 9 (c) "Board of education" or "board" shall mean the board of education 10 of the Hempstead union free school district; 11 (d) "School district" or "district" shall mean the Hempstead union 12 free school district; 13 (e) "Superintendent" shall mean the superintendent of the Hempstead 14 union free school district; and 15 (f) "Relatives" shall mean a Hempstead union free school district 16 board member's spouse, domestic partner, child, stepchild, stepparent, 17 or any person who is a direct descendant of the grandparents of a 18 current board member or a board member's spouse or domestic partner. 19 § 3. Appointment of a monitor. The commissioner shall appoint one 20 monitor to provide oversight, guidance and technical assistance related 21 to the educational and fiscal policies, practices, programs and deci- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13389-10-0S. 7321 2 1 sions of the school district, the board of education and the superinten- 2 dent. 3 1. The monitor, to the extent practicable, shall have experience in 4 school district finances and one or more of the following areas: 5 (a) elementary and secondary education; 6 (b) the operation of school districts in New York; 7 (c) educating students with disabilities; and 8 (d) educating English language learners. 9 2. The monitor shall be a non-voting ex-officio member of the board of 10 education. The monitor shall be an individual who is not a resident, 11 employee of the school district or relative of a board member of the 12 school district at the time of his or her appointment. 13 3. The reasonable and necessary expenses incurred by the monitor while 14 performing his or her official duties shall be paid by the school 15 district. Notwithstanding any other provision of law, the monitor shall 16 be entitled to defense and indemnification by the school district to the 17 same extent as a school district employee. 18 § 4. Meetings. 1. The monitor shall be entitled to attend all meetings 19 of the board, including executive sessions; provided however, such moni- 20 tor shall not be considered for purposes of establishing a quorum of the 21 board. The school district shall fully cooperate with the monitor 22 including, but not limited to, providing such monitor with access to any 23 necessary documents and records of the district including access to 24 electronic information systems, databases and planning documents, 25 consistent with all applicable state and federal statutes including, but 26 not limited to, Family Education Rights and Privacy Act (FERPA) (20 27 U.S.C. §1232g) and section 2-d of the education law. 28 2. The board, in consultation with the monitor, shall adopt a conflict 29 of interest policy that complies with all existing applicable laws, 30 rules and regulations that ensures its board members and administration 31 act in the school district's best interest and comply with applicable 32 legal requirements. The conflict of interest policy shall include, but 33 not be limited to: 34 (a) a definition of the circumstances that constitute a conflict of 35 interest; 36 (b) procedures for disclosing a conflict of interest to the board; 37 (c) a requirement that the person with the conflict of interest not be 38 present at or participate in board deliberations or votes on the matter 39 giving rise to such conflict, provided that nothing in this subdivision 40 shall prohibit the board from requesting that the person with the 41 conflict of interest present information as background or answer ques- 42 tions at a board meeting prior to the commencement of deliberations or 43 voting relating thereto; 44 (d) a prohibition against any attempt by the person with the conflict 45 to influence improperly the deliberation or voting on the matter giving 46 rise to such conflict; and 47 (e) a requirement that the existence and resolution of the conflict be 48 documented in the board's records, including in the minutes of any meet- 49 ing at which the conflict was discussed or voted upon. 50 § 5. Public hearings. 1. The monitor shall schedule three public hear- 51 ings to be held within sixty days of his or her appointment, which shall 52 allow public comment from the district's residents, students, parents, 53 employees, board members and administration. 54 (a) The first hearing shall take public comment on existing statutory 55 and regulatory authority of the commissioner, the department and the 56 board of regents regarding school district governance and interventionS. 7321 3 1 under applicable state law and regulations, including but not limited 2 to, sections 306, 211-c, and 211-f of the education law. 3 (b) The second hearing shall take public comment on the academic 4 performance of the district. 5 (c) The third hearing shall take public comment on the fiscal perform- 6 ance of the district. 7 2. The board of education and the monitor shall consider these public 8 comments when developing the financial plan and academic improvement 9 plan under this act. 10 § 6. Financial plan. 1. No later than November first, two thousand 11 twenty, the board of education and the monitor shall develop a proposed 12 financial plan for the two thousand twenty--two thousand twenty-one 13 school year and the four subsequent school years. The financial plan 14 shall ensure that annual aggregate operating expenses shall not exceed 15 annual aggregate operating revenues for such school year and that the 16 major operating funds of the district be balanced in accordance with 17 generally accepted accounting principles. The financial plan shall 18 include statements of all estimated revenues, expenditures, and cash 19 flow projections of the district. 20 2. If the board of education and the monitor agree on all the elements 21 of the proposed financial plan, the board of education shall conduct a 22 public hearing on the plan and consider the input of the community. The 23 proposed financial plan shall be made public on the district's website 24 at least three business days before such public hearing. Once the 25 proposed financial plan has been approved by the board of education, 26 such plan shall be submitted by the monitor to the commissioner for 27 approval and shall be deemed approved for the purposes of this act. 28 3. If the board of education and the monitor do not agree on all the 29 elements of the proposed financial plan, the board of education shall 30 conduct a public hearing on the proposed plan that details the elements 31 of disagreement between the monitor and the board, including documented 32 justification for such disagreements and any requested amendments from 33 the monitor. The proposed financial plan, elements of disagreement, and 34 requested amendments shall be made public on the district's website at 35 least three business days before such public hearing. After considering 36 the input of the community, the board may alter the proposed financial 37 plan and the monitor may alter his or her requested amendments, and the 38 monitor shall submit the proposed financial plan, his or her amendments 39 to the plan, and documentation providing justification for such disa- 40 greements and amendments to the commissioner no later than December 41 first, two thousand twenty. By January fifteenth, two thousand twenty- 42 one, the commissioner shall approve the proposed plan with any of the 43 monitor's proposed amendments, or make other modifications, he or she 44 deems appropriate. The board of education shall provide the commission- 45 er with any information he or she requests to approve such plan within 46 three business days of such request. Upon the approval of the commis- 47 sioner, the financial plan shall be deemed approved for purposes of this 48 act. 49 § 7. Academic improvement plan. 1. No later than November first, two 50 thousand twenty, the board of education and the monitor shall develop an 51 academic improvement plan for the district's two thousand twenty--two 52 thousand twenty-one school year and the four subsequent school years. 53 The academic improvement plan shall contain a series of programmatic 54 recommendations designed to improve academic performance over the period 55 of the plan in those academic areas that the commissioner deems to be inS. 7321 4 1 need of improvement which shall include addressing the provisions 2 contained in any action plan set forth by the department. 3 2. If the board of education and the monitor agree on all the elements 4 of the proposed academic improvement plan, the board of education shall 5 conduct a public hearing on the plan and consider the input of the 6 community. The proposed academic improvement plan shall be made public 7 on the district's website at least three business days before such 8 public hearing. Once the proposed academic improvement plan has been 9 approved by the board of education, such plan shall be submitted by the 10 monitor to the commissioner for approval and shall be deemed approved 11 for the purposes of this act. 12 3. If the board of education and the monitor do not agree on all the 13 elements of the proposed academic improvement plan, the board of educa- 14 tion shall conduct a public hearing on the proposed plan that details 15 the elements of disagreement between the monitor and the board, includ- 16 ing documented justification for such disagreements and any requested 17 amendments from the monitor. The proposed academic improvement plan, 18 elements of disagreement, and requested amendments shall be made public 19 on the district's website at least three business days before such 20 public hearing. After considering the input of the community, the board 21 may alter the proposed academic improvement plan and the monitor may 22 alter his or her requested amendments, and the monitor shall submit the 23 proposed academic improvement plan, his or her amendments to the plan, 24 and documentation providing justification for such disagreements and 25 amendments to the commissioner no later than December first, two thou- 26 sand twenty. By January fifteenth, two thousand twenty-one, the commis- 27 sioner shall approve the proposed plan with any of the monitor's 28 proposed amendments, or make other modifications, he or she deems appro- 29 priate. The board of education shall provide the commissioner with any 30 information he or she requests to approve such plan within three busi- 31 ness days of such request. Upon the approval of the commissioner, the 32 academic improvement plan shall be deemed approved for purposes of this 33 act. 34 § 8. Fiscal and operational oversight. 1. The board of education shall 35 annually submit the school district's proposed budget for the next 36 succeeding school year to the monitor no later than March first prior to 37 the school district's annual budget vote. The monitor shall review the 38 proposed budget to ensure that it is balanced within the context of 39 revenue and expenditure estimates and mandated programs. The monitor 40 shall also review the proposed budget to ensure that it, to the greatest 41 extent possible, is consistent with the district academic improvement 42 plan and financial plan developed and approved pursuant to this act. The 43 monitor shall present his or her findings to the board of education and 44 the commissioner no later than forty-five days prior to the date sched- 45 uled for the school district's annual budget vote. The commissioner 46 shall require the board of education to make amendments to the proposed 47 budget consistent with any recommendations made by the monitor if the 48 commissioner determines such amendments are necessary to comply with the 49 financial plan and academic improvement plan under this act. The school 50 district shall make available on the district's website: the initial 51 proposed budget, the monitor's findings, and the final proposed budget 52 at least seven days prior to the date of the school district's budget 53 hearing. In the event of a revote, the board of education, in conjunc- 54 tion with the monitor, shall develop and submit the school district's 55 proposed budget for the next succeeding school year to the commissioner 56 no later than seven days prior to the budget hearing. The board ofS. 7321 5 1 education shall provide the commissioner with any information he or she 2 requests in order to make a determination pursuant to this subdivision 3 within three business days of such request. 4 2. The district shall provide quarterly reports to the monitor and 5 annual reports to the commissioner and board of regents on the academic, 6 fiscal, and operational status of the school district. In addition, the 7 monitor shall provide semi-annual reports to the commissioner, board of 8 regents, the governor, the temporary president of the senate, and the 9 speaker of the assembly on the academic, fiscal, and operational status 10 of the school district. Such semi-annual report shall include all the 11 contracts that the district entered into throughout the year. 12 3. The monitor shall have the authority to disapprove travel outside 13 the state paid for by the district. 14 4. The monitor shall work with the district's shared decision-making 15 committee as defined in 8 NYCRR 100.11 in developing the academic 16 improvement plan, financial plan, district goals, implementation of 17 district priorities and budgetary recommendations. 18 5. The monitor shall assist in resolving any disputes and conflicts, 19 including but not limited to, those between the superintendent and the 20 board of education and among the members of the board of education. 21 6. The monitor may recommend, and the board shall consider by vote of 22 a resolution at the next scheduled meeting of the board, cost saving 23 measures including, but not limited to, shared service agreements. 24 § 9. The commissioner may overrule any decision of the monitor, except 25 for collective bargaining agreements negotiated in accordance with arti- 26 cle 14 of the civil service law, if he or she deems that such decision 27 is not aligned with the financial plan, academic improvement plan, or 28 the school district's budget. 29 § 10. The monitor may notify the commissioner and the board in writing 30 when he or she deems the district is violating an element of the finan- 31 cial plan or academic improvement plan in this act. Within twenty days, 32 the commissioner shall determine whether the district is in violation of 33 any of the elements of the plans highlighted by the monitor and shall 34 order the district to comply immediately with the plans and remedy any 35 such violation. The school district shall suspend all actions related to 36 the potential violation of the financial plan or academic improvement 37 plan until the commissioner issues a determination. 38 § 11. Nothing in this act shall be construed to abrogate the duties 39 and responsibilities of the school district consistent with applicable 40 state law and regulations. 41 § 12. This act shall take effect immediately; provided, however, 42 section one of this act shall take effect on the same date as a chapter 43 of the laws of 2019, authorizing the commissioner of education and the 44 chancellor of the board of regents, with the approval of the board of 45 regents, to appoint monitors to oversee the Hempstead union free school 46 district, as proposed in legislative bills numbers S.6559 and A.8403, 47 takes effect; and provided further, however sections two, three, four, 48 five, six, seven, eight, nine, ten and eleven of this act shall expire 49 and be deemed repealed June 30, 2025.