A09506 Summary:

BILL NOA09506B
 
SAME ASSAME AS UNI. S07506-B
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2018-2019 state fiscal year; prohibits meal shaming in public school districts, charter schools and non-public schools; requires a school or school district to contact the parent or guardian to offer assistance with a meal application; further requires a clear explanation of the procedure to handle unpaid meal charges; makes related provisions (Part B); relates to participation in recovery high school programs (Part D); relates to extending the close to home (CTH) initiative and juvenile justice reforms an additional five years and repeals provisions of law relating to CTH funding and reimbursement (Part G); relates to consolidating the youth development and delinquency prevention program and the special delinquency prevention program (Part I); relates to extending the effectiveness of the authorization of the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services (Part J); adds the office of children and family services to the list of entities to whom the dormitory authority of the state of New York (DASNY) is authorized to provide capital design and construction services (Part K); repeals certain provisions of law relating to calculating charge back rates by the state university of New York and the city university of New York (Part P); relates to providing feminine hygiene products in public schools (Part Q); relates to a working group to develop computer science standards for grades K through 12 (Part R); establishes that to the extent that physician appointees are available for appointment, at least one of the physician appointees to the state board for medicine shall be an expert on reducing health disparities among demographic subgroups, and one shall be an expert on women's health (Part S); relates to eligibility for and the amount of excelsior scholarships (Part T); requires regulations to permit tuition waivers for certain firefighters and fire officers for CUNY; repealer (Part U); relates to the foster youth college success initiative, permits moneys to be spent providing supplemental housing and meals for foster youth not currently enrolled in a post-secondary opportunity program at the state university for New York (Part V); relates to enhanced tuition awards (Part W); establishes the residential emergency services to offer home repairs to the elderly program; provides that all repairs must be completed withing sixty business days of the start of repairs, provided, however, that the commissioner grant the eligible applicant additional time for good cause (Part X); provides financial assistance to eligible applicants for adapting or retrofitting eligible properties to improve disabled veteran access (Part Y); establishes the SUNY Stony Brook Eastern Long Island Hospital Affiliation escrow fund (Part Z); establishes the New York state teacher loan forgiveness program to provide grants to teachers having education loans and who agree to teach in the state in a shortage subject area or a hard to staff school district (Part AA); relates to the New York state science, technology, engineering and mathematics incentive program (Part BB); relates to the education of children in foster care (Part CC); and relates to an income savings plan for the city of New York; extends provisions relating thereto (Part DD).
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A09506 Actions:

BILL NOA09506B
 
01/18/2018referred to ways and means
03/12/2018amend (t) and recommit to ways and means
03/12/2018print number 9506a
03/28/2018amend (t) and recommit to ways and means
03/28/2018print number 9506b
03/29/2018reported referred to rules
03/29/2018reported
03/29/2018rules report cal.19
03/29/2018ordered to third reading rules cal.19
03/29/2018message of necessity - 3 day message
03/29/2018passed assembly
03/29/2018delivered to senate
03/29/2018REFERRED TO FINANCE
03/29/2018SUBSTITUTED FOR S7506B
03/29/20183RD READING CAL.734
03/29/2018MESSAGE OF NECESSITY - 3 DAY MESSAGE
03/29/2018PASSED SENATE
03/29/2018RETURNED TO ASSEMBLY
04/02/2018delivered to governor
04/12/2018signed chap.56
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A09506 Committee Votes:

WAYS AND MEANS Chair:Weinstein DATE:03/29/2018AYE/NAY:31/3 Action: Favorable refer to committee Rules
WeinsteinAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayAye
GanttExcusedFitzpatrickAye
GlickAyeHawleyNay
NolanAyeMalliotakisNay
PretlowAyeWalterAye
PerryAyeMontesanoAye
ColtonAyeCurranAye
CookAyeRaNay
CahillAye
AubryAye
HooperAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
Peoples-StokesAye
SimotasAye

RULES Chair:Heastie Message of Necessity DATE:03/29/2018AYE/NAY:20/7 Action: Favorable
HeastieAyeKolbNay
GottfriedAyeOaksNay
LentolAyeButlerExcused
GanttExcusedCrouchNay
NolanAyeFinchNay
WeinsteinAyeBarclayNay
HooperAyeRaiaNay
OrtizAyeHawleyNay
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzExcused
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinExcused
TitusAye
Peoples-StokesAye
BenedettoAye

RULES Chair:Heastie DATE:03/29/2018AYE/NAY:21/6 Action: Favorable
HeastieAyeKolbNay
GottfriedAyeOaksNay
LentolAyeButlerExcused
GanttExcusedCrouchAye
NolanAyeFinchNay
WeinsteinAyeBarclayNay
HooperAyeRaiaNay
OrtizAyeHawleyNay
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzExcused
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinExcused
TitusAye
Peoples-StokesAye
BenedettoAye

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A09506 Floor Votes:

DATE:03/29/2018Assembly Vote  YEA/NAY: 127/8
AbbateYCrouchYGuntherYMayerYPichardoYTaylorY
AbinantiYCurranYHarrisYMcDonaldYPretlowYThieleY
ArroyoYCusickYHawleyYMcDonoughERQuartYTitoneY
AubryYCymbrowitzYHevesiYMiller B YRaNOTitusY
BarclayYDavilaYHikindERMiller MGYRaiaYVanelY
BarnwellYDe La RosaYHooperYMiller MLYRamosYWalkerY
BarrettYDenDekkerYHunterYMontesanoYRichardsonYWallaceY
BarronNODickensYHyndmanYMorelleYRiveraYWalshY
BenedettoYDilanYJaffeeYMorinelloYRodriguezYWalterY
BichotteYDinowitzYJean-PierreYMosleyYRosenthal D YWeinsteinY
BlakeYDiPietroYJenneYMurrayYRosenthal L YWeprinY
BlankenbushYD'UrsoYJohnsYNiouYRozicYWilliamsY
BrabenecYEnglebrightYJonesYNolanYRyanYWoernerY
BraunsteinYErrigoYJoynerYNorrisYSantabarbaraYWrightY
BrindisiYFahyYKimYOaksNOSchimmingerYZebrowskiY
BronsonYFinchYKolbNOO'DonnellYSeawrightYMr. SpeakerY
BuchwaldYFitzpatrickYLalorNOOrtizYSepulvedaY
ButlerERFriendNOLavineYOtisYSimonY
ByrneNOGalefYLawrenceYPalmesanoYSimotasY
CahillYGanttERLentolYPalumboNVSkartadosER
CarrollYGarbarinoYLiftonYPaulinYSkoufisY
CastorinaYGiglioYLupardoYPellegrinoYSolagesY
ColtonYGlickYMageeYPeoples-StokesYStecY
CookYGoodellNOMagnarelliYPerryYSteckY
CrespoYGottfriedYMalliotakisYPheffer AmatoYStirpeY

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A09506 Memo:

Memo not available
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A09506 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7506--B                                            A. 9506--B
 
                SENATE - ASSEMBLY
 
                                    January 18, 2018
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee  on  Ways  and  Means -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT intentionally omitted (Part A); to amend the  education  law  and
          chapter  537  of  the laws of 1976, relating to paid, free and reduced
          price breakfast for eligible pupils in certain  school  districts,  in
          relation to prohibiting meal shaming and to school breakfast and lunch
          programs (Part B); intentionally omitted (Part C); to amend the educa-
          tion  law,  in  relation  to  participation  in  recovery  high school
          programs (Part D); intentionally omitted (Part E); intentionally omit-
          ted (Part F); to amend chapter 57 of the laws  of  2012  amending  the
          social  services law and the family court act relating to establishing
          a juvenile justice services close to home initiative, and amending the
          social services law, the family court act and the executive law relat-
          ing to juvenile delinquents, in relation to  extending  the  close  to
          home  (CTH) initiative and juvenile justice reforms an additional five
          years; and to repeal certain provisions of paragraph (a)  of  subdivi-
          sion 8 of section 404 of the social services law relating to CTH fund-
          ing  and  reimbursement  (Part  G); intentionally omitted (Part H); to
          amend part G of chapter 57 of the laws of 2013, amending the executive
          law and the social services law relating to  consolidating  the  youth
          development  and delinquency prevention program and the special delin-
          quency prevention program, in relation to  extending  such  provisions
          (Part  I); to amend part K of chapter 57 of the laws of 2012, amending
          the education law, relating to authorizing the  board  of  cooperative
          educational  services to enter into contracts with the commissioner of
          children and family services to provide certain services, in  relation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12672-04-8

        S. 7506--B                          2                         A. 9506--B

          to the effectiveness thereof (Part J); to amend the public authorities
          law,  in relation to adding the office of children and family services
          to the list of entities to whom the dormitory authority of  the  state
          of  New  York  (DASNY)  is  authorized  to  provide capital design and
          construction services (Part K); intentionally omitted (Part L); inten-
          tionally omitted (Part M);  intentionally  omitted  (Part  N);  inten-
          tionally omitted (Part O); to repeal subdivision 11 of section 6305 of
          the  education  law  relating  to the development of a methodology for
          calculating chargeback rates by the state university of New  York  and
          the  city  university of New York (Part P); to amend the public health
          law, in relation to providing  feminine  hygiene  products  in  public
          schools  (Part Q); relating to the creation of computer science educa-
          tion standards (Part R); to amend the education law,  in  relation  to
          appointees  to  the  state  board  for medicine (Part S); to amend the
          education law, in relation to the excelsior scholarship (Part  T);  to
          amend  the  education  law,  in  relation  to requiring regulations to
          permit tuition waivers for certain firefighters and fire officers  for
          CUNY;  and providing for the repeal of such provisions upon expiration
          thereof (Part U); to amend the  education  law,  in  relation  to  the
          foster  youth college success initiative (Part V); to amend the educa-
          tion law, in relation to enhanced tuition awards (Part  W);  to  amend
          the  private housing finance law, in relation to residential emergency
          services to offer home repairs to the elderly  program  (Part  X);  to
          amend the private housing finance law, in relation to disabled veteran
          access  to  home  for  heroes  contracts  (Part Y); to amend the state
          finance law, in relation to establishing the SUNY Stony Brook  Eastern
          Long  Island  Hospital  Affiliation escrow fund (Part Z); to amend the
          education law, in relation to establishing the New York state  teacher
          loan  forgiveness  program  (Part  AA); to amend the education law, in
          relation to the New York state  science  technology,  engineering  and
          mathematics  incentive  program  (Part BB); to amend the education law
          and the social services law, in relation to the education of  children
          in  foster  care  (Part  CC); and to amend the social services law, in
          relation to income savings plans for the city  of  New  York;  and  to
          amend  part  K  of  chapter 58 of the laws of 2010 amending the social
          services law relating to establishing the service  plan  demonstration
          project, in relation to the effectiveness thereof (Part DD)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  which are necessary to implement the state fiscal plan for the 2018-2019
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through DD. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part.   Any provision in  any  section  contained  within  a  Part,
     7  including  the  effective date of the Part, which makes a reference to a
     8  section "of this act", when used  in  connection  with  that  particular
     9  component,  shall  be  deemed  to  mean  and  refer to the corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
 
    12                                   PART A

        S. 7506--B                          3                         A. 9506--B
 
     1                            Intentionally Omitted
 
     2                                   PART B
 
     3    Section 1. The education law is amended by adding a new section 908 to
     4  read as follows:
     5    § 908. Prohibition against meal shaming.  All public school districts,
     6  charter  schools and non-public schools in the state that participate in
     7  the national school lunch program or school breakfast program  in  which
     8  there  is  a  school  at  which all pupils are not eligible to be served
     9  breakfast  and  lunch  under  the  community  eligibility  provision  or
    10  provision  two  of the federal national school lunch act, 42 U.S.C. Sec.
    11  1751 et seq., shall develop a plan to ensure that a pupil  whose  parent
    12  or guardian has unpaid school meal fees is not shamed or treated differ-
    13  ently  than a pupil whose parent or guardian does not have unpaid school
    14  meal fees. The plan shall be  submitted  to  the  commissioner  by  July
    15  first,  two  thousand eighteen, or sixty days from the effective date of
    16  this section after enactment in  conformance  with  regulations  of  the
    17  commissioner.  After  submission  of  such  plan,  the  school or school
    18  district shall adopt and post the plan on its website.  The  plan  shall
    19  include, but not be limited to, the following elements:
    20    a.  A  statement  that the school or school district shall provide the
    21  student with the student's meal of choice for that  school  day  of  the
    22  available  reimbursable meal choices for such school day, if the student
    23  requests one, unless the student's parent or guardian  has  specifically
    24  provided  written  permission to the school to withhold a meal, provided
    25  that the school or school district shall only  be  required  to  provide
    26  access  to  reimbursable  meals,  not  a la carte items, adult meals, or
    27  other similar items;
    28    b. An explanation of how staff will be  trained  to  ensure  that  the
    29  school or school district's procedures are carried out correctly and how
    30  the  affected  parents and guardians will be provided with assistance in
    31  establishing eligibility for free or reduced-price meals for their chil-
    32  dren;
    33    c. Procedures requiring the school or school district  to  notify  the
    34  student's  parent  or  guardian  that the student's meal card or account
    35  balance is exhausted and unpaid meal charges are due.  The  notification
    36  procedures  may  include  a repayment schedule, but the school or school
    37  district may not charge any interest or  fees  in  connection  with  any
    38  meals charged;
    39    d.  A  communication  procedure  designed to support eligible families
    40  enrolling in the national free and  reduced  price  meal  program.  Such
    41  communication  procedures  shall  also include a process for determining
    42  eligibility when a student owes money for five or  more  meals,  wherein
    43  the school or school district shall:
    44    i.  make every attempt to determine if a student is directly certified
    45  to be eligible for free meals;
    46    ii. make at least two  attempts,  not  including  the  application  or
    47  instructions  included  in  a  school  enrollment  packet,  to reach the
    48  student's parent or guardian and have the parent or guardian fill out  a
    49  meal application; and
    50    iii.  require  a  school  or  school district to contact the parent or
    51  guardian to offer assistance with a meal application, determine if there
    52  are other issues within the household that have caused the child to have
    53  insufficient funds to purchase a school meal and offer any other assist-
    54  ance that is appropriate;

        S. 7506--B                          4                         A. 9506--B
 
     1    e. A clear explanation of  procedures  designed  to  decrease  student
     2  distress  or  embarrassment, provided that, no school or school district
     3  shall:
     4    i. publicly identify or stigmatize a student who cannot pay for a meal
     5  or  who  owes  a  meal  debt by any means including, but not limited to,
     6  requiring that a student wear a wristband or hand stamp;
     7    ii. require a student who cannot pay for a meal or  who  owes  a  meal
     8  debt to do chores or other work to pay for meals;
     9    iii. require that a student throw away a meal after it has been served
    10  because  of the student's inability to pay for the meal or because money
    11  is owed for earlier meals;
    12    iv. take any action directed at a pupil to collect unpaid school  meal
    13  fees.  A  school or school district may attempt to collect unpaid school
    14  meal fees from a parent or guardian, but shall not use a debt collector,
    15  as defined in section eight hundred three of the federal consumer credit
    16  protection act, 15 U.S.C. Sec. 1692a; or
    17    v. discuss  any  outstanding  meal  debt  in  the  presence  of  other
    18  students;
    19    f. A clear explanation of the procedure to handle unpaid meal charges,
    20  provided  that  nothing  in  this  section  is intended to allow for the
    21  unlimited accrual of debt;
    22    g. Procedures to enroll in the free and reduced price  lunch  program,
    23  provided  that  such  procedures shall include that, at the beginning of
    24  each school year, a school or school  district  shall  provide  a  free,
    25  printed  meal  application  in every school enrollment packet, or if the
    26  school or school district chooses to use an electronic meal application,
    27  provide in school enrollment packets an explanation  of  the  electronic
    28  meal  application  process and instructions for how parents or guardians
    29  may request a paper application at no cost;
    30    h. If a school or school district becomes aware that a student who has
    31  not submitted a meal application is eligible  for  free  or  reduced-fee
    32  meals, the school or school district shall complete and file an applica-
    33  tion  for  the  student pursuant to title seven, section 245.6(d) of the
    34  code of federal regulations; and
    35    i. School liaisons required for homeless, foster, and migrant students
    36  shall coordinate  with  the  nutrition  department  to  make  sure  such
    37  students receive free school meals, in accordance with federal law.
    38    §  2.  Section 4 of chapter 537 of the laws of 1976, relating to paid,
    39  free and reduced price breakfast for eligible pupils in  certain  school
    40  districts is renumbered section 6 and two new sections 4 and 5 are added
    41  to read as follows:
    42    §  4. a. All public elementary or secondary schools in this state, not
    43  including a charter school authorized by article  56  of  the  education
    44  law,  with at least seventy percent or more of its students eligible for
    45  free or reduced-price meals under  the  federal  National  School  Lunch
    46  Program  as determined by the State Education Department based upon data
    47  submitted by schools through the basic educational  data  system  (BEDS)
    48  for  the  prior  school  year, shall be required to offer all students a
    49  school breakfast after the instructional day has begun.
    50    b. Each public school may determine  the  breakfast  service  delivery
    51  model that best suits its students. Service delivery models may include,
    52  but  are  not limited to, breakfast in the classroom, grab and go break-
    53  fast, and breakfast served in the  cafeteria.  Time  spent  by  students
    54  consuming  breakfast  may be considered instructional time when students
    55  consume breakfast in the students' classrooms and instruction  is  being
    56  provided  while  students  are  consuming  breakfast.  In  determining a

        S. 7506--B                          5                         A. 9506--B
 
     1  service delivery model, schools shall consult  with  teachers,  parents,
     2  students and members of the community.
     3    c.  Schools  subject  to  this  requirement  shall  provide  notice to
     4  students' parents and guardians that the school will be offering  break-
     5  fast to all students after the instructional day has begun.
     6    d.  Any  school  identified  pursuant to this section may apply to the
     7  commissioner of education for a waiver from establishing a school break-
     8  fast program after the instructional day has begun.  Such waiver may  be
     9  granted by the commissioner of education upon the school demonstrating:
    10    i.  A  lack  of need for a school breakfast program after the instruc-
    11  tional day has begun because of a successful existing breakfast program;
    12  or
    13    ii. Providing a school breakfast program after the  instructional  day
    14  has begun would cause economic hardship for the school.
    15    The  commissioner  of  education  shall  annually review the basis for
    16  waivers granted to schools.
    17    e. The State Education Department shall:
    18    i. on or before May 1, 2018, and on or before May 1 of each year ther-
    19  eafter preceding each school year, publish on its website a list of  the
    20  public  schools  that meet the requirements for operating such programs,
    21  and provide notification to such schools;
    22    ii. develop and distribute guidelines for the implementation  of  such
    23  programs,  which  shall be in the compliance with all applicable federal
    24  and state laws governing the School Breakfast Program;
    25    iii. provide technical assistance relating to  the  implementation  of
    26  such program and submission of claims for reimbursement under the School
    27  Breakfast Program; and
    28    iv.  annually  publish by December 2019, and each December thereafter,
    29  on its website information relating  to  each  school  subject  to  this
    30  requirement,  as  well as any other schools operating such program which
    31  are not subject to this requirement, in  the  prior  school  year.  Such
    32  information  shall  include,  but  not  be  limited to: the school name,
    33  service delivery models implemented, student enrollment,  the  free  and
    34  reduced-price  lunch percentage, and the average daily breakfast partic-
    35  ipation rate.
    36    § 5. a. Notwithstanding  any  monetary  limitations  with  respect  to
    37  school  lunch  programs  contained  in any law or regulation, for school
    38  lunch meals served in the school year commencing July 1, 2019  and  each
    39  July 1 thereafter, a school food authority shall be eligible for a lunch
    40  meal  State subsidy of twenty-five cents, which shall include any annual
    41  State subsidy received by such school food  authority  under  any  other
    42  provision  of State law, for any school lunch meal served by such school
    43  food authority; provided that the school food authority certifies to the
    44  State Education Department through the application submitted pursuant to
    45  subdivision b of this section that such food authority has purchased  at
    46  least  thirty  percent of its total cost of food products for its school
    47  lunch service program from New York state farmers, growers, producers or
    48  processors in the preceding school year.
    49    b. The State Education Department, in cooperation with the  Department
    50  of Agriculture and Markets, shall develop an application for school food
    51  authorities to seek an additional State subsidy pursuant to this section
    52  in  a  timeline  and format prescribed by the commissioner of education.
    53  Such application shall include, but not  be  limited  to,  documentation
    54  demonstrating  the  school food authority's total food purchases for its
    55  school lunch service program, and documentation demonstrating its  total
    56  food  purchases  and  percentages  for  such program from New York State

        S. 7506--B                          6                         A. 9506--B
 
     1  farmers, growers, producers or processors in the preceding school  year.
     2  The  application  shall also include an attestation from the school food
     3  authority's chief operating officer that it purchased  at  least  thirty
     4  percent  of its total cost of food products for its school lunch service
     5  program from New York State farmers, growers, producers or processors in
     6  the preceding school year in order to meet  the  requirements  for  this
     7  additional  State  subsidy. School food authorities shall be required to
     8  annually apply for this subsidy.
     9    c. The State Education Department shall annually  publish  information
    10  on  its  website  commencing  on  September 1, 2019 and each September 1
    11  thereafter, relating to each school food authority that applied for  and
    12  received  this  additional  State subsidy, including but not limited to:
    13  the school food authority name, student enrollment, average daily  lunch
    14  participation,  total  food  costs for its school lunch service program,
    15  total cost of  food  products  for  its  school  lunch  service  program
    16  purchased from New York State farmers, growers, producers or processors,
    17  and  the  percent  of total food costs that were purchased from New York
    18  State farmers, growers, producers or processors  for  its  school  lunch
    19  service program.
    20    §  3.  This act shall take effect immediately; provided, however, that
    21  subdivision a of section 4 of chapter 537 of the laws of 1976, as  added
    22  by section two of this act, shall take effect September 1, 2018.
 
    23                                   PART C
 
    24                            Intentionally Omitted
 
    25                                   PART D
 
    26    Section  1.  Subdivision  4  of  section  1950 of the education law is
    27  amended by adding a new paragraph oo to read as follows:
    28    oo. Notwithstanding any other provision of law, a board of cooperative
    29  educational services is authorized to enter into a memorandum of  under-
    30  standing  with  the  trustees  or  board of education of a non-component
    31  school district, including city school  districts  of  cities  with  one
    32  hundred  twenty-five  thousand  inhabitants or more, to participate in a
    33  recovery high school program operated by the board of cooperative educa-
    34  tional services for a period not to exceed five years upon such terms as
    35  such trustees or board of education and the board of cooperative  educa-
    36  tional  services  may  mutually  agree, provided that such agreement may
    37  provide for a charge for administration  of  the  recovery  high  school
    38  program  including capital costs, but participating non-component school
    39  districts shall not be liable for payment of administrative expenses  as
    40  defined in paragraph b of this subdivision. Costs allocated to a partic-
    41  ipating non-component school district pursuant to a memorandum of under-
    42  standing  shall  be aidable pursuant to subdivision five of this section
    43  to the same extent and on the same basis as costs allocated to a  compo-
    44  nent school district.
    45    § 2. This act shall take effect immediately.
 
    46                                   PART E
 
    47                            Intentionally Omitted
 
    48                                   PART F

        S. 7506--B                          7                         A. 9506--B
 
     1                            Intentionally Omitted
 
     2                                   PART G
 
     3    Section 1. Subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of
     4  subdivision 8 of section 404 of the social services law are REPEALED.
     5    §  2.  Section  11 of subpart A of part G of chapter 57 of the laws of
     6  2012, amending the social services law and the family court act relating
     7  to establishing a juvenile justice services close to home initiative, is
     8  amended to read as follows:
     9    § 11. This act shall take effect April 1, 2012  and  shall  expire  on
    10  March  31,  [2018]  2023  when upon such date the provisions of this act
    11  shall be deemed repealed; provided, however, that effective immediately,
    12  the addition, amendment and/or repeal of any rule or  regulation  neces-
    13  sary  for  the  implementation  of  this  act  on its effective date are
    14  authorized and directed to be made  and  completed  on  or  before  such
    15  effective date; provided, however, upon the repeal of this act, a social
    16  services  district that has custody of a juvenile delinquent pursuant to
    17  an approved juvenile justice services close  to  home  initiative  shall
    18  retain  custody of such juvenile delinquent until custody may be legally
    19  transferred in an orderly fashion to the office of children  and  family
    20  services.
    21    §  3.  Section  7  of subpart B of part G of chapter 57 of the laws of
    22  2012, amending the social services law, the family  court  act  and  the
    23  executive  law  relating  to juvenile delinquents, is amended to read as
    24  follows:
    25    § 7. This act shall take effect April 1,  2012  and  shall  expire  on
    26  March  31,  [2018]  2023  when upon such date the provisions of this act
    27  shall be deemed repealed; provided, however, that effective immediately,
    28  the addition, amendment and/or repeal of any rule or  regulation  neces-
    29  sary for the implementation of this act on its effective date is author-
    30  ized  and  directed to be made and completed on or before such effective
    31  date.
    32    § 4. This act shall take effect immediately and  shall  be  deemed  to
    33  have been in full force and effect on and after March 31, 2018.
 
    34                                   PART H
 
    35                            Intentionally Omitted
 
    36                                   PART I
 
    37    Section  1.  Section  9  of  part G of chapter 57 of the laws of 2013,
    38  amending the executive law and  the  social  services  law  relating  to
    39  consolidating  the  youth development and delinquency prevention program
    40  and the special delinquency prevention program, is amended  to  read  as
    41  follows:
    42    §  9.  This act shall take effect January 1, 2014 and shall expire and
    43  be deemed repealed on December 31, [2018] 2021.
    44    § 2. This act shall take effect immediately.
 
    45                                   PART J
 
    46    Section 1. Section 4 of part K of chapter 57  of  the  laws  of  2012,
    47  amending the education law, relating to authorizing the board of cooper-
    48  ative educational services to enter into contracts with the commissioner

        S. 7506--B                          8                         A. 9506--B
 
     1  of  children and family services to provide certain services, as amended
     2  by section 5 of part J of chapter 56 of laws of 2015, is amended to read
     3  as follows:
     4    § 4. This act shall take effect July 1, 2012 and shall expire June 30,
     5  [2018]  2021  when  upon  such  date the provisions of this act shall be
     6  deemed repealed.
     7    § 2. This act shall take effect immediately.
 
     8                                   PART K
 
     9    Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
    10  public authorities law is amended by adding a new undesignated paragraph
    11  to read as follows:
    12    The office of children and family services of the state of New York.
    13    § 2. This act shall take effect immediately.
 
    14                                   PART L
 
    15                            Intentionally Omitted
 
    16                                   PART M
 
    17                            Intentionally Omitted
 
    18                                   PART N

    19                            Intentionally Omitted
    20                                   PART O
 
    21                            Intentionally Omitted
 
    22                                   PART P
 
    23    Section  1.  Subdivision  11  of  section 6305 of the education law is
    24  REPEALED.
    25    § 2. This act shall take effect immediately.
 
    26                                   PART Q
 
    27    Section 1. Title 6 of article 2 of the public health law, as added  by
    28  chapter  342 of the laws of 2014, is amended by adding a new section 267
    29  to read as follows:
    30    § 267. Feminine  hygiene  products  in  schools.  All  elementary  and
    31  secondary public schools in the state serving students in any grade from
    32  grade  six  through grade twelve shall provide feminine hygiene products
    33  in the restrooms of such school building  or  buildings.  Such  products
    34  shall be provided at no charge to students.
    35    § 2. This act shall take effect July 1, 2018.
 
    36                                   PART R
 
    37    Section  1. Computer science education standards. 1.  The commissioner
    38  of education shall convene a working group including teachers and school
    39  administrators, industry experts, institutions of higher  education  and

        S. 7506--B                          9                         A. 9506--B
 
     1  employers  to review existing recognized computer science frameworks and
     2  develop draft model  New  York  state  computer  science  standards  for
     3  kindergarten  through  grade  12.   The workgroup shall use their educa-
     4  tional  or  technological  expertise  to ensure that the model standards
     5  they recommend to the commissioner of education  and  Board  of  Regents
     6  prepare students for postsecondary education or employment.
     7    2.  On  or  before December 1, 2019, the working group shall deliver a
     8  report to the commissioner of education and the Board of Regents detail-
     9  ing the findings of the working group and recommend draft model  kinder-
    10  garten through grade 12 computer science standards for their approval.
    11    § 2. This act shall take effect immediately.
 
    12                                   PART S
 
    13    Section  1.  Section  6523 of the education law, as amended by chapter
    14  364 of the laws of 1991, is amended to read as follows:
    15    § 6523. State board for medicine.  A state board for medicine shall be
    16  appointed by the board of regents on recommendation of the  commissioner
    17  for  the purpose of assisting the board of regents and the department on
    18  matters of professional licensing in accordance with section  sixty-five
    19  hundred  eight  of  this  title. The board shall be composed of not less
    20  than twenty physicians licensed in this state for at least  five  years,
    21  two of whom shall be doctors of osteopathy. To the extent such physician
    22  appointees  are available for appointment, at least one of the physician
    23  appointees to the state board for medicine shall be an expert on  reduc-
    24  ing  health disparities among demographic subgroups, and one shall be an
    25  expert on women's health. The board shall also consist of not less  than
    26  two  physician's  assistants  licensed  to  practice  in this state. The
    27  participation of physician's  assistant  members  shall  be  limited  to
    28  matters relating to article one hundred thirty-one-B of this chapter. An
    29  executive  secretary  to  the  board  shall be appointed by the board of
    30  regents on recommendation of the commissioner  and  shall  be  either  a
    31  physician licensed in this state or a non-physician, deemed qualified by
    32  the commissioner and board of regents.
    33    § 2. This act shall take effect immediately.
 
    34                                   PART T
 
    35    Section 1. Subdivisions 1 and 2 of section 669-h of the education law,
    36  as added by section 1 of part HHH of chapter 59 of the laws of 2017, are
    37  amended to read as follows:
    38    1.  Eligibility.  An  excelsior  scholarship award shall be made to an
    39  applicant who: (a) is matriculated in an approved program leading to  an
    40  undergraduate  degree  at  a New York state public institution of higher
    41  education; (b) if enrolled in (i) a public institution of higher  educa-
    42  tion  prior to application, has completed at least thirty combined cred-
    43  its per year following the student's  start  date,  or  its  equivalent,
    44  applicable  to his or her program or programs of study or (ii) an insti-
    45  tution of higher education prior to application, has completed at  least
    46  thirty  combined credits per year following the student's start date, or
    47  its equivalent, applicable to his or her program or  programs  of  study
    48  and  which were accepted upon transfer to a public institution of higher
    49  education; (c) enrolls in at  least  twelve  credits  per  semester  and
    50  completes  at  least  thirty  combined  credits  per  year following the
    51  student's start date, or  its  equivalent,  applicable  to  his  or  her
    52  program  or  programs  of  study  except  in  limited  circumstances  as

        S. 7506--B                         10                         A. 9506--B

     1  prescribed by the corporation in regulation.   Notwithstanding,  in  the
     2  student's last semester, the student may take at least one course needed
     3  to meet his or her graduation requirements and enroll in and complete at
     4  least twelve credit hours or its equivalent.  For students who are disa-
     5  bled  as  defined by the Americans With Disabilities Act of 1990, 42 USC
     6  12101, the corporation shall prescribe rules and regulations that  allow
     7  applicants who are disabled to be eligible for an award pursuant to this
     8  section based on modified criteria; (d) has an adjusted gross income for
     9  the  qualifying  year,  as  such  terms are defined in this subdivision,
    10  equal to or less than: (i) one hundred thousand dollars  for  recipients
    11  receiving  an award in the two thousand seventeen--two thousand eighteen
    12  academic year; (ii) one hundred  ten  thousand  dollars  for  recipients
    13  receiving  an  award in the two thousand eighteen--two thousand nineteen
    14  academic year; and (iii) one hundred twenty-five  thousand  dollars  for
    15  recipients receiving an award in the two thousand nineteen--two thousand
    16  twenty  academic year and thereafter; and (e) complies with the applica-
    17  ble provisions of this article and all requirements promulgated  by  the
    18  corporation for the administration of the program. Adjusted gross income
    19  shall  be  the total of the combined adjusted gross income of the appli-
    20  cant and the applicant's parents or the applicant  and  the  applicant's
    21  spouse,  if  married[,].  Qualifying  year  shall  be the adjusted gross
    22  income as reported on the federal income tax  return,  or  as  otherwise
    23  obtained  by  the corporation, for the calendar year coinciding with the
    24  tax year established by the U.S.  department  of  education  to  qualify
    25  applicants  for  federal  student  financial  aid programs authorized by
    26  Title IV of the Higher Education Act of nineteen hundred sixty-five,  as
    27  amended,  for  the  school  year  in which application for assistance is
    28  made.  Provided, however, if an applicant  demonstrates  to  the  corpo-
    29  ration  that  there has been a change in such applicant's adjusted gross
    30  income in the year(s) subsequent to  the  qualifying  year  which  would
    31  qualify  such  applicant for an  award, the corporation shall review and
    32  make a determination as to whether such applicant meets the  requirement
    33  set  forth  in  paragraph  (d)  of  this subdivision based on such year.
    34  Provided, further that such change was caused by  the  death,  permanent
    35  and total physical or mental disability, divorce, or separation by judi-
    36  cial  decree  or  pursuant  to an agreement of separation which is filed
    37  with a court of competent jurisdiction of any person  whose  income  was
    38  required  to  be  used  to  compute the applicant's total adjusted gross
    39  income.
    40    2. Amount. Within amounts appropriated therefor and  based  on  avail-
    41  ability  of  funds, awards shall be granted beginning with the two thou-
    42  sand seventeen--two thousand eighteen academic year  and  thereafter  to
    43  applicants  that  the corporation has determined are eligible to receive
    44  such awards. The corporation shall grant such awards in an amount up  to
    45  five thousand five hundred dollars or actual tuition, whichever is less;
    46  provided,  however, (a) a student who receives educational grants and/or
    47  scholarships that cover the student's full cost of attendance shall  not
    48  be eligible for an award under this program; and (b) an award under this
    49  program  shall  be  applied to tuition after the application of payments
    50  received under the tuition assistance program pursuant  to  section  six
    51  hundred sixty-seven of this subpart, tuition credits pursuant to section
    52  six  hundred  eighty-nine-a of this article, federal Pell grant pursuant
    53  to section one thousand seventy of title twenty  of  the  United  States
    54  code, et. seq., and any other program that covers the cost of attendance
    55  unless  exclusively  for  non-tuition expenses, and the award under this
    56  program shall be reduced in the amount equal to such payments,  provided

        S. 7506--B                         11                         A. 9506--B
 
     1  that  the  combined  benefits  do  not exceed five thousand five hundred
     2  dollars. Upon notification of an award under this program, the  institu-
     3  tion  shall  defer the amount of tuition. Notwithstanding paragraph h of
     4  subdivision two of section three hundred fifty-five and paragraph (a) of
     5  subdivision  seven of section six thousand two hundred six of this chap-
     6  ter, and any other law, rule or regulation to the contrary,  the  under-
     7  graduate  tuition  charged  by the institution to recipients of an award
     8  shall not exceed the tuition rate established by the institution for the
     9  two thousand sixteen--two thousand  seventeen  academic  year  provided,
    10  however,  that  in  the two thousand twenty-one--two thousand twenty-two
    11  academic year and every four years thereafter, the undergraduate tuition
    12  charged by the institution to recipients of an award shall be  reset  to
    13  equal  the tuition rate established by the institution for the forthcom-
    14  ing academic year, provided further that the tuition  credit  calculated
    15  pursuant  to  section six hundred eighty-nine-a of this article shall be
    16  applied toward the tuition rate charged for recipients of an award under
    17  this program. Provided further that the state university of New York and
    18  the city university of New York  shall  provide  an  additional  tuition
    19  credit  to  students  receiving  an award to cover the remaining cost of
    20  tuition.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART U
 
    23    Section 1. Subdivision 7 of section  6206  of  the  education  law  is
    24  amended by adding a new paragraph (d) to read as follows:
    25    (d)  Notwithstanding  the  provisions of any other general, special or
    26  local law, rule or regulation, the board of  trustees  shall  promulgate
    27  regulations to permit firefighters and fire officers employed by the New
    28  York  city  fire  department,  who  are  enrolled in programs leading to
    29  baccalaureate or higher degrees at a senior college of the city  univer-
    30  sity  to attend one course without tuition, provided that such course is
    31  related to their employment as firefighters and fire officers  and  that
    32  such  tuition-waived  attendance  does  not  deny course attendance at a
    33  senior college of the city university by an individual who is  otherwise
    34  qualified under this section.
    35    §  2.  This  act shall take effect immediately and shall expire and be
    36  deemed repealed July 1, 2020.
 
    37                                   PART V
 
    38    Section 1. Subdivision 5 of section  6456  of  the  education  law  is
    39  amended by adding a new paragraph e to read as follows:
    40    e.  to  provide  supplemental  housing  and meals for foster youth not
    41  currently enrolled in a post-secondary opportunity program at the  state
    42  university of New York.
    43    §  2.  Subdivision 4 of section 6456 of the education law, as added by
    44  section 1 of part X of chapter 56 of the laws of  2015,  is  amended  to
    45  read as follows:
    46    4. Funds for all programs under this section shall be awarded in equal
    47  amounts  per  foster  youth, except for students not enrolled in a post-
    48  secondary opportunity program, to  each  institution  that  applies  for
    49  funding  allocated to its sector distribution as provided in subdivision
    50  three of this section and has an application that  is  approved  by  the
    51  commissioner.
    52    § 3. This act shall take effect immediately.

        S. 7506--B                         12                         A. 9506--B
 
     1                                   PART W
 
     2    Section  1.  Paragraphs a and d of subdivision 1 and subdivisions 3, 4
     3  and 5 of section 667-d of the education law, as added by  section  1  of
     4  part  III  of  chapter  59  of  the laws of 2017, are amended to read as
     5  follows:
     6    a. Establishment. Enhanced tuition awards are available  for  students
     7  who are enrolled in approved programs in private [not-for-profit] degree
     8  granting  institutions of higher education except those institutions set
     9  forth in paragraph b of subdivision four of section six  hundred  sixty-
    10  one of this part and who demonstrate the ability to complete such cours-
    11  es,  in  accordance  with  standards  established  by  the commissioner;
    12  provided, that, no award shall exceed one hundred percent of the  amount
    13  of tuition charged.
    14    d.  Credit  requirements.  An award shall be made to an applicant who:
    15  (i) if enrolled in (A) a private degree granting institution  of  higher
    16  education  prior  to application, has completed at least thirty combined
    17  credits per year following the student's start date, or its  equivalent,
    18  applicable  to  his  or her program or programs of study or (B) a public
    19  degree granting institution of higher education  prior  to  application,
    20  has  completed  at  least thirty combined credits per year following the
    21  student's start date, or  its  equivalent,  applicable  to  his  or  her
    22  program  or programs of study and which were accepted upon transfer to a
    23  private degree granting institution of higher education; (ii) enrolls in
    24  at least twelve credits per  semester  and  completes  at  least  thirty
    25  combined  credits  per  year  following the student's start date, or its
    26  equivalent, applicable to his or her program or programs of study except
    27  in limited circumstances as prescribed by the corporation in regulation.
    28  Notwithstanding, in the student's last semester, the student may take at
    29  least one course needed to meet his or her graduation  requirements  and
    30  enroll  in  and complete at least twelve credit hours or its equivalent.
    31  For students who are disabled as defined by the Americans With Disabili-
    32  ties Act of 1990, 42 USC 12101, the corporation  shall  prescribe  rules
    33  and  regulations  that  allow applicants who are disabled to be eligible
    34  for an award pursuant to this section based on modified criteria.
    35    3. Income. An award shall be made to an applicant who has an  adjusted
    36  gross  income for the qualifying year, as such terms are defined in this
    37  subdivision, equal to or less than: (i) one hundred thousand dollars for
    38  recipients receiving an award in the two thousand  seventeen--two  thou-
    39  sand  eighteen  academic year; (ii) one hundred ten thousand dollars for
    40  recipients receiving an award in the two thousand eighteen--two thousand
    41  nineteen academic year;  and  (iii)  one  hundred  twenty-five  thousand
    42  dollars  for recipients receiving an award in the two thousand nineteen-
    43  -two thousand twenty academic year and thereafter. Adjusted gross income
    44  shall be the total of the combined adjusted gross income of  the  appli-
    45  cant  and  the  applicant's parents or the applicant and the applicant's
    46  spouse, if married[,]. Qualifying  year  shall  be  the  adjusted  gross
    47  income  as  reported  on  the federal income tax return, or as otherwise
    48  obtained by the corporation, for the calendar year coinciding  with  the
    49  tax  year  established  by  the  U.S. department of education to qualify
    50  applicants for federal student  financial  aid  programs  authorized  by
    51  Title  IV of the Higher Education Act of nineteen hundred sixty-five, as
    52  amended, for the school year in  which  application  for  assistance  is
    53  made. Provided, however, if an applicant demonstrates to the corporation
    54  that  there  has been a change in such applicant's adjusted gross income
    55  in the year or years subsequent to the qualifying year which would qual-

        S. 7506--B                         13                         A. 9506--B
 
     1  ify such applicant for an award, the corporation shall review and make a
     2  determination as to whether such applicant  meets  the  requirement  set
     3  forth  in  this  subdivision  based on such year. Provided, further that
     4  such  change  was  caused  by the death, permanent and total physical or
     5  mental disability, divorce, or separation by judicial decree or pursuant
     6  to an agreement of separation which is filed with a court  of  competent
     7  jurisdiction  of  any  person  whose  income  was required to be used to
     8  compute the applicant's total adjusted gross income.
     9    4. Amount. Within the  amounts  appropriated  therefor  and  based  on
    10  availability  of  funds,  awards shall be granted beginning with the two
    11  thousand seventeen--two thousand eighteen academic year  and  thereafter
    12  to  applicants  that  the  corporation  has  determined  are eligible to
    13  receive such awards. [The amount] Recipients of  [the]  an  award  under
    14  this  program  shall [be such that the sum] receive six thousand dollars
    15  through a combination of the enhanced tuition  award  plus  a  student's
    16  tuition  assistance program award pursuant to section six hundred sixty-
    17  seven of this subpart plus the institution's matching award pursuant  to
    18  subdivision  five  of  this  section [shall equal six thousand dollars].
    19  Provided, however, any institution that charges tuition that is  reduced
    20  by  greater  than  fifteen percent from the level of tuition charged six
    21  years prior to the academic year in which the award  is  to  be  applied
    22  shall  be exempt from the requirement to provide such match and students
    23  attending such institutions shall  receive  an  enhanced  tuition  award
    24  without such institutional match.
    25    5.  Matching  awards.  Commencing with the two thousand seventeen--two
    26  thousand eighteen academic year  and  thereafter,  participating  insti-
    27  tutions  shall  credit each recipient's remaining tuition expenses in an
    28  amount equal to the recipient's award under this section.  [Such  credit
    29  shall  be  applied after the recipient has received an institutional aid
    30  package, if any, to ensure that this program does  not  reduce  institu-
    31  tional  aid that would otherwise be granted.] Provided, however that any
    32  institution that charges tuition that is reduced by greater than fifteen
    33  percent from the level of tuition charged six years prior to the academ-
    34  ic year in which the award is to be applied shall  be  exempt  from  the
    35  requirement  to provide such match, and shall remain exempt from provid-
    36  ing such match to such recipient in any  academic  year  in  which  such
    37  recipient receives an award under this section.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART X
 
    40    Section  1. The private housing finance law is amended by adding a new
    41  article 29 to read as follows:
    42                                ARTICLE XXIX
    43           RESIDENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO
    44                             THE ELDERLY PROGRAM
    45  Section 1260. Statement of legislative findings.
    46          1261. Definitions.
    47          1262. Residential emergency services to offer  home  repairs  to
    48                  the elderly contracts.
    49    § 1260. Statement  of  legislative  findings.  The  legislature hereby
    50  finds and declares that there exists in New York state a need for finan-
    51  cial resources to assist senior citizen  homeowners  with  the  cost  of
    52  addressing  emergencies  and code violations that pose a threat to their
    53  health and safety, or affecting the livability of their home.  Providing

        S. 7506--B                         14                         A. 9506--B
 
     1  assistance for the cost of making such critical repairs will enable many
     2  seniors to continue to live independently in their own homes.
     3    § 1261. Definitions. As used in this article:
     4    1.  "Corporation" shall mean the housing trust fund corporation estab-
     5  lished in section forty-five-a of this chapter.
     6    2. "Eligible applicant" shall mean a unit of local government or  not-
     7  for-profit  corporation  in  existence for a period of one or more years
     8  prior to application, which is, or will be at the time of award,  incor-
     9  porated  under  the  not-for-profit corporation law and has been engaged
    10  primarily in housing and community development activities.
    11    3. "Residential emergency services to offer home repairs to the elder-
    12  ly programs" shall mean a series of activities by an eligible  applicant
    13  to  administer  funds  to  provide  either loans or grants to homeowners
    14  sixty years of age or older, with a household income of  less  than  one
    15  hundred  percent of the area median income, to oversee the adaptation or
    16  retrofitting of eligible properties.
    17    4. "Eligible property" shall mean a housing unit that is  the  primary
    18  residence  of  a  person  that is sixty years of age or older and have a
    19  household income that does not exceed one hundred percent  of  the  area
    20  median income.
    21    § 1262. Residential  emergency  services  to offer home repairs to the
    22  elderly contracts. 1. Within the limit of funds available in  the  resi-
    23  dential emergency services to offer home repairs to the elderly program,
    24  the corporation is hereby authorized to enter into contracts with eligi-
    25  ble applicants to provide financial assistance for the actual costs of a
    26  residential  emergency  services  to  offer  home repairs to the elderly
    27  program. The financial assistance shall be either in the form of  grants
    28  or  loans,  as  the  corporation shall determine. Funds must be used for
    29  one- to four-unit dwellings that are  owned  and  occupied  by  eligible
    30  households,  and  work undertaken cannot exceed ten thousand dollars per
    31  building.  No more than fifty percent of the total amount awarded pursu-
    32  ant to this article in any fiscal year shall be allocated to  any  resi-
    33  dential  emergency services to offer home repairs to the elderly program
    34  located within any single municipality.
    35    2. From the date of the emergency referral, the eligible applicant has
    36  up to five business days to respond and inspect the  eligible  property;
    37  from the date of the inspection and assessment of emergency repair need,
    38  the  eligible  applicant must start the repairs within fourteen business
    39  days; all repairs must be completed within sixty business  days  of  the
    40  start  of  the  repairs  provided,  however, that the commissioner shall
    41  grant the eligible applicant additional time for good cause.
    42    3. The total payment pursuant to any one  contract  shall  not  exceed
    43  five  hundred  thousand  dollars  and  the  contract  shall  provide for
    44  completion of the program within a reasonable period, as specified ther-
    45  ein, which shall not in any event exceed three years from its  commence-
    46  ment.  Upon request, the corporation may extend the term of the contract
    47  for up to two additional one year periods for good cause  shown  by  the
    48  eligible applicant.
    49    4.  The  corporation  shall  authorize the eligible applicant to spend
    50  seven and one-half percent of the contract amount for approved  planning
    51  and administrative costs associated with administering the program.
    52    § 2. This act shall take effect immediately.
 
    53                                   PART Y

        S. 7506--B                         15                         A. 9506--B
 
     1    Section  1. The private housing finance law is amended by adding a new
     2  article 30 to read as follows:
     3                                 ARTICLE XXX
     4                 NEW YORK ACCESS TO HOME FOR HEROES PROGRAM
     5  Section 1270. Statement of legislative findings and purpose.
     6          1271. Definitions.
     7          1272. Access to home for heroes contracts.
     8    § 1270. Statement of legislative findings and purpose. The legislature
     9  hereby  finds and declares that many disabled veterans in New York state
    10  face a significant impediment to accessible and affordable housing as  a
    11  result  of service related injuries, age or health related disabilities.
    12  These men and women have served our country and  state  with  honor  and
    13  distinction  and  deserve to achieve maximum independence, social inter-
    14  action and community integration. Providing  financial  assistance  with
    15  the  cost  of  adapting  the dwelling units of our disabled veterans, is
    16  fundamental to providing for the promise of living  safely,  comfortably
    17  and productively in the most integrated setting of their choice.
    18    § 1271. Definitions. As used in this article:
    19    1.  "Corporation" shall mean the housing trust fund corporation estab-
    20  lished in section forty-five-a of this chapter.
    21    2. "Eligible applicant" shall mean a city, town, village  or  not-for-
    22  profit  corporation in existence for a period of one or more years prior
    23  to application, which is, or will be at the time of award,  incorporated
    24  under  the not-for-profit corporation law and has substantial experience
    25  in adapting or retrofitting homes for persons with disabilities.
    26    3. "Veteran" shall mean a resident of this state who (a) has served in
    27  the United States army, navy, marine corps, air force or coast guard  or
    28  (b) has served on active duty or ordered to active duty as defined in 10
    29  USC 101 (d)(1) as a member of the national guard or other reserve compo-
    30  nent  of  the  armed  forces  of  the United States or (c) has served on
    31  active duty or ordered to active duty for the state, as a member of  the
    32  state organized militia as defined in subdivision nine of section one of
    33  the  military  law and has been released from such service documented by
    34  an honorable or general discharge.
    35    4. "Disabled veteran" shall mean a veteran  with,  including  but  not
    36  limited to, a permanent physical or medical impairment resulting from an
    37  anatomical  or  physiological condition which prevents the exercise of a
    38  normal bodily function, substantially limits a major  life  activity  or
    39  which is demonstrable by medically accepted clinical or laboratory diag-
    40  nostic  techniques.  A  professional  evaluation  must be provided which
    41  identifies the disability, describes the substantial  limitation  caused
    42  by  the disability, and recommends potential structural modifications to
    43  improve the activities of daily living  within  and/or  access  to  such
    44  residence in consideration of such disability.
    45    5.  "Access  to  home  for heroes programs" or "programs" shall mean a
    46  series of activities by an eligible applicant  to  administer  funds  to
    47  provide  grants  to homeowners and renters and to oversee the adaptation
    48  or retrofitting of eligible properties.
    49    6. "Eligible property" shall mean a housing unit that is  the  primary
    50  residence  of  a disabled veteran and a total household income that does
    51  not exceed one hundred and twenty percent of area median income. A prop-
    52  erty shall not be considered an eligible property if the  owner  of  the
    53  property  is  otherwise  obligated  by  federal,  state  or local law to
    54  provide the improvements funded under this article.
    55    § 1272. Access to home for heroes contracts. 1. Within  the  limit  of
    56  funds  available  in  the  access to home for heroes program, the corpo-

        S. 7506--B                         16                         A. 9506--B
 
     1  ration is hereby authorized to enter into contracts with eligible appli-
     2  cants to provide financial assistance for the actual costs of an  access
     3  to  home  for  heroes  program. The financial assistance shall be in the
     4  form  of  grants. No more than fifty percent of the total amount awarded
     5  pursuant to this article in any fiscal year shall be allocated to access
     6  to home programs located within any single municipality.
     7    2. The total payment pursuant to any one  contract  shall  not  exceed
     8  five  hundred  thousand  dollars  and  the  contract  shall  provide for
     9  completion of the program within a reasonable period, as specified ther-
    10  ein, which shall not in any event exceed three years from its  commence-
    11  ment.  Upon request, the corporation may extend the term of the contract
    12  for up to two additional one year periods for good cause  shown  by  the
    13  eligible applicant.
    14    3.  The  corporation  shall  authorize the eligible applicant to spend
    15  seven and one-half percent of the contract amount for approved  adminis-
    16  trative costs associated with administering the program.
    17    4.  The  corporation  shall  require  that,  in order to receive funds
    18  pursuant to this article, the eligible applicant  shall  submit  a  plan
    19  which  shall include, but not be limited to, program feasibility, impact
    20  on the community, budget for expenditure of program  funds,  a  schedule
    21  for  completion of the program, affirmative action and minority business
    22  participation.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART Z
 
    25    Section 1. The state finance law is amended by adding  a  new  section
    26  99-bb to read as follows:
    27    §  99-bb.  SUNY  Stony  Brook Eastern Long Island Hospital Affiliation
    28  escrow fund. 1. Notwithstanding any other provision of law, rule,  regu-
    29  lation,  or practice to the contrary, there is hereby established in the
    30  joint custody of the comptroller and the chancellor of the state univer-
    31  sity of New York (SUNY) a trust and agency fund,  to  be  known  as  the
    32  "SUNY  Stony Brook Eastern Long Island Hospital Affiliation escrow fund"
    33  which shall be available without fiscal year limitation.
    34    2. The SUNY Stony  Brook  Eastern  Long  Island  Hospital  Affiliation
    35  escrow fund shall consist of (i) all monies generated through the activ-
    36  ities  of Stony Brook at Eastern Long Island Hospital, including but not
    37  limited to patient revenue, federal reimbursement, and other  associated
    38  revenue  sources,  (ii)  rent  payments  made  by Stony Brook University
    39  Hospital to the Eastern Long Island Hospital Association under a certain
    40  lease agreement approved by the director of the budget,  the  office  of
    41  the New York state attorney general and the office of the New York state
    42  comptroller  and (iii) to the extent permitted under the lease agreement
    43  referred to in paragraph  (ii)  of  this  subdivision,  working  capital
    44  advances and capital acquisition advances made by Stony Brook University
    45  Hospital to the Eastern Long Island Hospital Association.
    46    3.  Monies of the SUNY Stony Brook Eastern Long Island Hospital Affil-
    47  iation escrow fund shall be expended only  for  the  purposes  of  Stony
    48  Brook at Eastern Long Island Hospital.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART AA
 
    51    Section  1. The education law is amended by adding a new section 679-j
    52  to read as follows:

        S. 7506--B                         17                         A. 9506--B
 
     1    § 679-j.   The New York state teacher  loan  forgiveness  program.  1.
     2  Purpose.  The  president shall grant student loan forgiveness awards for
     3  the purpose of increasing the number of teachers serving in the state.
     4    2.  Eligibility. To be eligible for an award pursuant to this subdivi-
     5  sion, applicants shall (a) be certified as a teacher;  (b)  be  employed
     6  full time in this state in an elementary or secondary school; (c) comply
     7  with  subdivisions  three  and  five of section six hundred sixty-one of
     8  this part; (d) have an outstanding student loan debt; and (e)  meet  one
     9  of the following criteria:
    10    (i) teach in a shortage subject area;
    11    (ii) teach in a hard to staff district; or
    12    (iii)  the  applicant is economically disadvantaged, as defined by the
    13  corporation.
    14    3. Definitions.  For the purposes of this section, the term  "shortage
    15  subject  area"  shall  mean  a  curriculum subject matter or practice of
    16  teaching where there is a shortage of teachers in  New  York  state,  as
    17  designated  by  the  department,  and  the  term  "hard  to staff school
    18  districts" shall mean school districts that have a shortage of teachers,
    19  as designated by the department.
    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)  a  subject  shortage
    25  area, or (ii) a hard to staff school district;
    26    (b) Second priority shall be given to applicants who have not received
    27  payment of an award pursuant to this section in a prior year and who are
    28  teachers  in  (i)  a subject shortage area, or (ii) hard to staff school
    29  district in the year prior to such application; and
    30    (c) Third priority shall be given to applicants who  are  economically
    31  disadvantaged as defined by the corporation.
    32    5.  Awards.  The corporation shall grant awards pursuant to the amount
    33  appropriated for such purpose and based on availability of funds  in  an
    34  amount up to five thousand dollars to individuals who are employed full-
    35  time as teachers for the school year prior to such application, provided
    36  that  no recipient shall receive an award that exceeds the total remain-
    37  ing balance of the student loan debt pursuant to this section, in excess
    38  of twenty thousand dollars.
    39    6. Rules and regulations. The corporation is authorized to  promulgate
    40  rules and regulations and may promulgate emergency regulations necessary
    41  for  the  implementation of the provisions of this section. In the event
    42  that there are more applicants who have the same priority,  as  provided
    43  in  subdivision  four  of this section, than there are remaining awards,
    44  the corporation shall provide in regulation the method  of  distributing
    45  the  remaining  number  of  such  awards, which may include a lottery or
    46  other form of random selection.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART BB
 
    49    Section 1. Section 669-e of the education law, as added by  section  1
    50  of  part  G  of  chapter  56  of the laws of 2014, is amended to read as
    51  follows:
    52    § 669-e. New York state science, technology, engineering and mathemat-
    53  ics incentive program. 1. Undergraduate students who are matriculated in
    54  an approved undergraduate program leading to a career in science,  tech-

        S. 7506--B                         18                         A. 9506--B
 
     1  nology,  engineering  or mathematics at a New York state public institu-
     2  tion of higher education for the purpose  of  subdivision  two  of  this
     3  section,  or  a  New  York  state private degree granting institution of
     4  higher  education  for the purpose of subdivision two-a of this section,
     5  shall be eligible for an award under this section, provided  the  appli-
     6  cant:  (a) graduates from a high school located in New York state during
     7  or after the two thousand thirteen--fourteen school year; and (b) gradu-
     8  ates within the top ten percent of his or her high school class; and (c)
     9  enrolls in full-time study each term beginning in the  fall  term  after
    10  his  or  her high school graduation in an approved undergraduate program
    11  in science, technology, engineering or mathematics, as  defined  by  the
    12  corporation, at a New York state public institution of higher education;
    13  and  (d)  signs a contract with the corporation agreeing that his or her
    14  award will be converted to a student loan in the event the student fails
    15  to comply with the terms of this program as  set  forth  in  subdivision
    16  four of this section; and (e) complies with the applicable provisions of
    17  this article and all requirements promulgated by the corporation for the
    18  administration of the program.
    19    2.  Awards shall be granted beginning with the two thousand fourteen--
    20  two thousand fifteen academic year and thereafter to applicants  at  New
    21  York  state public institutions of higher education that the corporation
    22  has determined are eligible to  receive  such  awards.  The  corporation
    23  shall  grant such awards in an amount equal to the amount of undergradu-
    24  ate tuition for residents of New York state charged by the state univer-
    25  sity of New York or actual tuition charged, whichever is less; provided,
    26  however, (i) a student who receives educational grants  and/or  scholar-
    27  ships  that  cover  the  student's  full cost of attendance shall not be
    28  eligible for an award  under  this  program;  (ii)  for  a  student  who
    29  receives educational grants and/or scholarships that cover less than the
    30  student's full cost of attendance, such grants and/or scholarships shall
    31  not  be  deemed duplicative of this program and may be held concurrently
    32  with an award under this program, provided that the combined benefits do
    33  not exceed the student's full cost of attendance;  and  (iii)  an  award
    34  under  this program shall be applied to tuition after the application of
    35  all other educational grants and scholarships  limited  to  tuition  and
    36  shall  be  reduced  in an amount equal to such educational grants and/or
    37  scholarships. Upon notification of an  award  under  this  program,  the
    38  institution  shall  defer  the  amount of tuition equal to the award. No
    39  award shall be final until the recipient's successful  completion  of  a
    40  term has been certified by the institution.
    41    2-a. Within amounts appropriated therefor and based on availability of
    42  funds,  beginning  with the two thousand eighteen--two thousand nineteen
    43  academic year and thereafter, awards shall be granted to  applicants  at
    44  New  York state private degree granting institutions of higher education
    45  that the corporation has determined are eligible to receive such awards.
    46  The corporation shall grant such awards in an amount equal to the amount
    47  of undergraduate tuition for residents of New York state charged by  the
    48  state  university  of  New  York or actual tuition charged, whichever is
    49  less; provided, however, (i) a student who receives  educational  grants
    50  and/or  scholarships  that  cover  the student's full cost of attendance
    51  shall not be eligible for an  award  under  this  program;  (ii)  for  a
    52  student  who  receives educational grants and/or scholarships that cover
    53  less than the student's full cost  of  attendance,  such  grants  and/or
    54  scholarships  shall not be deemed duplicative of this program and may be
    55  held concurrently with an award under this program,  provided  that  the
    56  combined  benefits  do not exceed the student's full cost of attendance;

        S. 7506--B                         19                         A. 9506--B

     1  and (iii) an award under this program shall be applied to tuition  after
     2  the application of all other educational grants and scholarships limited
     3  to  tuition  and shall be reduced in an amount equal to such educational
     4  grants  and/or  scholarships.   Upon notification of an award under this
     5  program, the institution shall defer the amount of tuition equal to  the
     6  award.    No  award  shall  be  final  until  the recipient's successful
     7  completion of a term has been certified by the institution.
     8    3. An eligible recipient shall not receive an award for more than four
     9  academic years of full-time undergraduate study or five  academic  years
    10  if  the  program  of  study  normally requires five years, excluding any
    11  allowable interruption of study.
    12    4. The corporation shall convert to a student loan the full amount  of
    13  the  award given pursuant to this section, plus interest, according to a
    14  schedule to be determined by the corporation if: (a) a  recipient  fails
    15  to  complete  an  approved undergraduate program in science, technology,
    16  engineering or mathematics or changes majors to a program of undergradu-
    17  ate study other than in science, technology, engineering or mathematics;
    18  or (b) upon completion of such undergraduate degree program a  recipient
    19  fails  to either (i) complete five years of continuous full time employ-
    20  ment in the science, technology, engineering or mathematics field with a
    21  public or private entity located within New York state, or (ii) maintain
    22  residency in New York state for such period  of  employment;  or  (c)  a
    23  recipient fails to respond to requests by the corporation for the status
    24  of  his  or  her academic or professional progress. The terms and condi-
    25  tions of this subdivision shall be deferred for individuals who graduate
    26  with a degree in an approved undergraduate program in science, technolo-
    27  gy, engineering or mathematics and enroll on at least a half-time  basis
    28  in  a  graduate or higher degree program or other professional licensure
    29  degree program until they are conferred a  degree,  and  shall  also  be
    30  deferred  for  any  interruption in undergraduate study or employment as
    31  established by the rules and regulations of the corporation.  The  terms
    32  and  conditions  of  this  subdivision  may also be deferred for a grace
    33  period, to be established by the corporation, following  the  completion
    34  of an approved undergraduate program in science, technology, engineering
    35  or mathematics a graduate or higher degree program or other professional
    36  licensure  degree program. Any obligation to comply with such provisions
    37  as outlined in this section shall be cancelled upon  the  death  of  the
    38  recipient.  Notwithstanding  any  provisions  of this subdivision to the
    39  contrary, the corporation is authorized to promulgate  rules  and  regu-
    40  lations  to  provide for the waiver or suspension of any financial obli-
    41  gation which would involve extreme hardship.
    42    5. The corporation is authorized to promulgate rules and  regulations,
    43  and  may promulgate emergency regulations, necessary for the implementa-
    44  tion of the provisions of this section, including, but not  limited  to,
    45  the  rate  of interest charged for repayment of the student loan and the
    46  criteria for distributing the awards, which may  include  a  lottery  or
    47  other form of random selection for awards distributed pursuant to subdi-
    48  vision two-a of this section.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART CC
 
    51    Section  1.  The education law is amended by adding a new section 3244
    52  to read as follows:
    53    § 3244. Education of children in  foster  care.  1.  Definitions.  For
    54  purposes of this section only, the following definitions shall apply:

        S. 7506--B                         20                         A. 9506--B
 
     1    a.  Child  or  youth in foster care. For the purposes of this article,
     2  the term "child or youth in foster care" shall mean a child  who  is  in
     3  the care and custody or custody and guardianship of a local commissioner
     4  of  social  services  or  the commissioner of the office of children and
     5  family services.
     6    b.  School  district  of  origin. The term "school district of origin"
     7  shall mean the school district within the state of New York in which the
     8  child or youth in foster care was attending a public school or preschool
     9  on a tuition-free basis or was entitled to attend at the time of  place-
    10  ment into foster care when the social services district or the office of
    11  children  and  family  services  assumed care and custody or custody and
    12  guardianship of such child or youth, which is different from the  school
    13  district of residence.
    14    c.  School  district  of residence. The term "school district of resi-
    15  dence" shall mean the public school district within  the  state  of  New
    16  York  in  which the foster care placement is located, which is different
    17  from the school district of origin.
    18    d. Feeder school. The term "feeder school" shall mean:
    19    (1) a preschool whose students are  entitled  to  attend  a  specified
    20  elementary school or group of elementary schools upon completion of that
    21  preschool;
    22    (2) a school whose students are entitled to attend a specified elemen-
    23  tary, middle, intermediate, or high school or group of specified elemen-
    24  tary,  middle,  intermediate,  or  high  schools  upon completion of the
    25  terminal grade of such school; or
    26    (3) a school that sends its students to a receiving school in a neigh-
    27  boring school district pursuant to section two thousand  forty  of  this
    28  chapter.
    29    e.  Preschool.  The term "preschool" shall mean a publicly funded pre-
    30  kindergarten program administered by the department or  a  local  educa-
    31  tional  agency  or  a  Head Start program administered by a local educa-
    32  tional agency and/or services under the  Individuals  with  Disabilities
    33  Education Act administered by a local educational agency.
    34    f. Receiving school. The term "receiving school" shall mean:
    35    (1)  a  school  that  enrolls  students  from  a specified or group of
    36  preschools, elementary schools, middle schools, intermediate schools, or
    37  high schools; or
    38    (2) a school that enrolls students from a feeder school in a neighbor-
    39  ing local educational agency pursuant to section two thousand  forty  of
    40  this chapter.
    41    g.  School  of origin. The term "school of origin" shall mean a public
    42  school that a child or youth attended at  the  time  of  placement  into
    43  foster  care,  or  the  school  in  which  the  child  or youth was last
    44  enrolled, including a preschool or a charter school.  Provided that, for
    45  a child or youth in foster care who  completes  the  final  grade  level
    46  served  by  the  school  of  origin,  the  term "school of origin" shall
    47  include the designated receiving school at the next grade level for  all
    48  feeder  schools.  Where  the  child  is eligible to attend school in the
    49  school district of origin because the child was placed  in  foster  care
    50  after such child is eligible to apply, register, or enroll in the public
    51  preschool  or  kindergarten  or  the  child  is living with a school-age
    52  sibling who attends school in the school district of origin, the  school
    53  of  origin  shall  include  any public school or preschool in which such
    54  child would have been entitled or  eligible  to  attend  based  on  such
    55  child's  last residence before the circumstances arose which caused such
    56  child to be placed in foster care.

        S. 7506--B                         21                         A. 9506--B
 
     1    2. Choice  of  district  and  school.  a.  Notwithstanding  any  other
     2  provision  of  law  to  the  contrary,  the social services district, in
     3  consultation with the appropriate local educational agency or  agencies,
     4  shall  designate  either  the  school  district  of origin or the school
     5  district  of  residence  within  which the child in foster care shall be
     6  entitled to attend in accordance with a best interest determination made
     7  by the applicable social services district or voluntary authorized agen-
     8  cy, as defined in paragraph (a) of  subdivision  ten  of  section  three
     9  hundred  seventy-one  of the social services law, in accordance with the
    10  regulations of the office of children and  family  services.  The  child
    11  shall  be  entitled  to  attend  the school of origin or any school that
    12  children and youth who live in the attendance area in which  the  foster
    13  care placement is located are eligible to attend, including a preschool,
    14  subject  to  a best interest determination made by the applicable social
    15  services district or voluntary authorized agency, as  defined  in  para-
    16  graph (a) of subdivision ten of section three hundred seventy-one of the
    17  social services law, for the duration of the child's placement in foster
    18  care  and  until  the  end  of the school year in which such child is no
    19  longer in foster care and for one additional year if that  year  consti-
    20  tutes the child's terminal year in such building.
    21    b.  Notwithstanding  any other provision of law to the contrary, where
    22  the school district of origin or school  of  origin  that  a  child  was
    23  attending  on  a  tuition-free basis or was entitled to attend when such
    24  child entered foster care is located in New York state and  the  child's
    25  foster  care placement is located in a contiguous state, the child shall
    26  be entitled to attend the school of origin or any school  that  children
    27  and  youth  who  live  in  the  attendance area in which the foster care
    28  placement is located are eligible  to  attend,  including  a  preschool,
    29  subject  to  a best interest determination made by the applicable social
    30  services district or voluntary authorized agency, as  defined  in  para-
    31  graph (a) of subdivision ten of section three hundred seventy-one of the
    32  social services law, for the duration of the child's placement in foster
    33  care  and  until  the  end  of the school year in which such child is no
    34  longer in foster care and for one additional year if that  year  consti-
    35  tutes the child's terminal year in such building.
    36    c. Notwithstanding the provisions of paragraph a or b of this subdivi-
    37  sion, a child in foster care who is moved from one foster care placement
    38  to  another shall be entitled to continue to attend the school of origin
    39  or the social services district may designate that the child  in  foster
    40  care  attend  any school that children and youth who live in the attend-
    41  ance area in which the foster care placement is located are eligible  to
    42  attend,  including a preschool, subject to a best interest determination
    43  made by the applicable social services district or voluntary  authorized
    44  agency,  as defined in paragraph (a) of subdivision ten of section three
    45  hundred seventy-one of the social services law, for the duration of  the
    46  child's placement in foster care and until the end of the school year in
    47  which  the  child is no longer in such foster care placement and for one
    48  additional year if that year constitutes the child's  terminal  year  in
    49  such building.
    50    d.  Upon  notification  of the designation made by the social services
    51  district for a foster care youth,  the  designated  school  district  of
    52  attendance shall immediately:
    53    (1)  enroll  the  child  or  youth in foster care even if the child or
    54  youth is unable to produce records normally a  requirement  for  enroll-
    55  ment,  such as previous academic records, records of immunization and/or
    56  other required health records, proof of residency or other documentation

        S. 7506--B                         22                         A. 9506--B
 
     1  and/or even if the child has missed application or enrollment  deadlines
     2  during  any  period of placement in foster care, if applicable. Provided
     3  that nothing herein shall be construed to require the immediate  attend-
     4  ance  of  an  enrolled student lawfully excluded from school temporarily
     5  pursuant to section nine hundred six of this chapter because of a commu-
     6  nicable or  infectious  disease  that  imposes  a  significant  risk  of
     7  infection of others;
     8    (2)  treat  the  child  or  youth in foster care as a resident for all
     9  purposes; and
    10    (3) make a written request to the school district  where  the  child's
    11  records are located for a copy of such records.
    12    e.  Within five days of receipt of a request for records in accordance
    13  with subparagraph three of paragraph d of this subdivision,  the  school
    14  district  shall  forward,  in a manner consistent with state and federal
    15  law, a complete copy of the records of the child or youth in foster care
    16  including, but not limited to, proof of age,  academic  records,  evalu-
    17  ations, immunization records, and guardianship papers, if applicable.
    18    f. Where the school of origin is a charter school, the school district
    19  designated pursuant to this subdivision shall be deemed to be the school
    20  district  of residence of such child for purposes of fiscal and program-
    21  matic responsibility under article fifty-six of this chapter  and  shall
    22  be  responsible  for  transportation of the child in foster care. If the
    23  designated school district of attendance is not the school  district  of
    24  origin, the designated school district of attendance may seek reimburse-
    25  ment  from  the  school  district  of  origin  in  accordance  with  the
    26  provisions of subdivision four of section thirty-two hundred two of this
    27  article.
    28    g. Notwithstanding any other provision of law to  the  contrary,  each
    29  local  educational agency, as such term is defined in subsection twenty-
    30  six of section ninety-one hundred one of the  Elementary  and  Secondary
    31  Education  Act  of 1965, as amended by the Every Student Succeeds Act of
    32  2015, shall designate a local educational agency point  of  contact  for
    33  children  and  youth in foster care. Provided that such point of contact
    34  shall not be the same as the liaison designated pursuant to the subtitle
    35  B of title VII of the McKinney-Vento Assistance Act, unless  the  McKin-
    36  ney-Vento  liaison  has sufficient ability to carry out the responsibil-
    37  ities of the McKinney-Vento liaison in addition to the  responsibilities
    38  of the point of contact for children and youth in foster care.
    39    3.  Reimbursement. The tuition costs of the education of such child or
    40  youth in foster care shall be borne in accordance with the provisions of
    41  paragraph d of subdivision four of section  thirty-two  hundred  two  of
    42  this article.
    43    4.  Transportation. a. Notwithstanding any other provision of law, any
    44  child or youth in foster care who requires transportation  in  order  to
    45  attend a school of origin designated pursuant to subdivision two of this
    46  section,  shall  be  entitled to receive such transportation pursuant to
    47  this paragraph. The  designated  school  district  of  attendance  shall
    48  provide  transportation  to  and  from the child's foster care placement
    49  location and the school of origin.  Any cost incurred for such transpor-
    50  tation that is allowable up to fifty miles  each  way  pursuant  to  the
    51  applicable  provision of parts two and three of article seventy-three of
    52  this chapter or herein, shall be aidable pursuant to  subdivision  seven
    53  of  section  thirty-six  hundred  two of this chapter, provided that the
    54  approved transportation expense shall not exceed an amount determined by
    55  the commissioner to be the total cost for providing the most cost-effec-

        S. 7506--B                         23                         A. 9506--B
 
     1  tive mode of such transportation in a manner consistent with the commis-
     2  sioner's regulations.
     3    b.  Notwithstanding  any  other  provision  of law, where any child or
     4  youth in foster care attends the school district of residence  and  such
     5  child  does  not attend the school of origin, such school district shall
     6  provide transportation to such child on the same  basis  as  a  resident
     7  student.  Any  cost  incurred  for such transportation that is allowable
     8  pursuant to the applicable provisions of parts two and three of  article
     9  seventy-three  of  this  chapter or herein, shall be aidable pursuant to
    10  subdivision seven of section thirty-six hundred  two  of  this  chapter,
    11  provided  that  the  approved transportation expense shall not exceed an
    12  amount determined by the commissioner to be the total cost for providing
    13  the most cost-effective mode of such transportation in a manner consist-
    14  ent with the commissioner's regulations.
    15    c. Excess allowable transportation costs beyond  those  reimbursed  in
    16  paragraphs  a and b of this subdivision resulting from the attendance of
    17  a child or youth in foster care  shall  be  shared  between  the  social
    18  services  district responsible for the foster care costs of the child or
    19  youth and the designated school district of attendance  equally.  Excess
    20  transportation  costs  shall  mean  the difference between what a school
    21  district otherwise would spend to transport a  student  to  his  or  her
    22  assigned  school  and the cost of transporting a child in foster care to
    23  his or her school of origin; except as otherwise reimbursed under  para-
    24  graph  a  or b of this subdivision and as further defined in regulations
    25  of the commissioner. The  school  district  and  local  social  services
    26  district  are  expected  to  consider  and utilize all allowable funding
    27  sources, including any available  federal  funds,  to  cover  additional
    28  transportation  costs. Provided however that school districts and social
    29  services districts that have written agreements relating to  how  excess
    30  transportation costs should be funded, that both entities have agreed to
    31  and  are  consistent with the requirements in subparagraph five of para-
    32  graph c of section one thousand one hundred twelve of  title  twenty  of
    33  the  Elementary  and  Secondary Education Act of 1965, as amended by the
    34  Every Student Succeeds Act of 2015, filed with the  department  and  the
    35  office  of  children  and  family  services shall not be subject to this
    36  paragraph. In the absence  of  such  a  shared  agreement,  such  school
    37  districts  and  local  departments of social services are subject to the
    38  provisions of this paragraph.
    39    d. Where the child has been placed in  foster  care  in  a  contiguous
    40  state  and has designated a school of origin located in the state of New
    41  York, the designated school district of attendance  in  New  York  state
    42  shall  collaborate  with  the  social  services  district to arrange for
    43  transportation.
    44    5. Each child or youth in  foster  care  to  be  assisted  under  this
    45  section  shall  be  provided  services comparable to services offered to
    46  other students in the school selected under this section, including  the
    47  following:  transportation  services; educational services for which the
    48  child or youth meets the eligibility criteria, such as services provided
    49  under Title I of the Elementary and Secondary Education Act of  1965  or
    50  similar  state or local programs; educational programs for children with
    51  disabilities; educational programs for  English  learners;  programs  in
    52  career  and  technical  education;  programs  for  gifted  and  talented
    53  students; and school nutrition programs.
    54    6. The commissioner, in consultation with the office of  children  and
    55  family services, may promulgate regulations to carry out the purposes of
    56  this section.

        S. 7506--B                         24                         A. 9506--B
 
     1    §  2.  Subdivision 4 of section 3202 of the education law, as added by
     2  chapter 867 of the laws of 1973 and renumbered by  chapter  563  of  the
     3  laws  of  1980,  paragraph  a, the opening paragraph of paragraph e, the
     4  opening paragraph of paragraph f and subparagraph (viii) of paragraph  f
     5  as  amended  and  paragraph f as designated by chapter 82 of the laws of
     6  1995, paragraphs e and g as amended and subparagraphs (i), (ii),  (iii),
     7  (iv),  (v), (vi) and (vii) of paragraph f as added by chapter 170 of the
     8  laws of 1994, and paragraph g as relettered by chapter 82 of the laws of
     9  1995, is amended to read as follows:
    10    4. a.  Definitions. For purposes of this subdivision only, the follow-
    11  ing definitions shall apply.
    12    (i) The term  "school  district  of  origin"  shall  mean  the  school
    13  district  within  the  state  of New York in which the child or youth in
    14  foster care was attending a public school or preschool on a tuition-free
    15  basis or was entitled to attend when the  social  services  district  or
    16  office  of  children  and family services assumed responsibility for the
    17  placement, support and maintenance of such  child  or  youth,  which  is
    18  different from the school district of residence.
    19    (ii)  School district of residence. The term "school district of resi-
    20  dence" shall mean the public school district within  the  state  of  New
    21  York  in  which the foster care placement is located, which is different
    22  from the school district of origin.
    23    b. Except as provided in subdivision five of this section, the cost of
    24  instruction of [pupils placed in family  homes  at  board  by  a  social
    25  services  district  or  a state department or agency] children in foster
    26  care shall be borne by the school district [in  which  each  such  pupil
    27  resided  at the time the social services district or state department or
    28  agency assumed responsibility for the placement, support and maintenance
    29  of such pupil; provided, however, that such cost  of  instruction  shall
    30  continue  to be borne, while such pupil remains under the age of twenty-
    31  one years, by any social services district or state department or agency
    32  which assumed responsibility for tuition costs for any such pupil  prior
    33  to  January  one,  nineteen  hundred  seventy-four] of origin.   Where a
    34  [pupil is placed pursuant to this subdivision outside the pupil's school
    35  district of residence at the time of  such  placement]  school  district
    36  other  than  the  school  district of origin is designated in accordance
    37  with paragraph e  of  subdivision  two  of  section  thirty-two  hundred
    38  forty-four  of  this  article, the cost of instruction shall be borne by
    39  the [district of residence] school district of origin  and  the  tuition
    40  paid  to  the  designated  school  district  [furnishing instruction] of
    41  attendance shall be computed as provided in paragraph d of this subdivi-
    42  sion, except that, where the [family home at board] foster  care  place-
    43  ment  receives  program support from a child care institution affiliated
    44  with a special act school district as defined in  subdivision  eight  of
    45  section  four  thousand one of this chapter, and the [board of education
    46  of such district furnishing instruction] designated school  district  of
    47  attendance,  upon  the recommendation of its committee on special educa-
    48  tion, contracts for such pupil's education pursuant to paragraph  c,  d,
    49  e,  or  f  of  subdivision two of section forty-four hundred one of this
    50  chapter or for a nonresidential placement pursuant  to  paragraph  l  of
    51  such  subdivision, costs incurred shall be reimbursed in accordance with
    52  paragraph e of  this  subdivision.    Notwithstanding  any  inconsistent
    53  provision of law, where the permanent residence of a pupil is outside of
    54  the  state,  the  school  district in which the pupil was located at the
    55  time the public agency placed such pupil shall be deemed  the  [district
    56  of  residence]  school  district of origin of such pupil for purposes of

        S. 7506--B                         25                         A. 9506--B
 
     1  this subdivision and shall be responsible for the cost of instruction of
     2  such pupil.
     3    [b] c.  Children cared for in free family homes and children cared for
     4  in family homes at board, when such family homes shall be the actual and
     5  only residence of such children and when such children are not supported
     6  and  maintained  at  the  expense  of a social services district or of a
     7  state department or agency, shall be  deemed  residents  of  the  school
     8  district in which such family home is located.
     9    [c.  Children cared for in free family homes and children cared for in
    10  family homes at board, when such family homes are  not  the  actual  and
    11  only  residences  of  such  children  and  when  such  children  are not
    12  supported and maintained at the expense of a social services district or
    13  of a state department or agency, and who apply for the  first  time  for
    14  admittance  to  the schools of the district in which such family home is
    15  located during the school year 1973--1974 shall be admitted  upon  terms
    16  and  conditions  including  the  payment  of tuition, established by the
    17  board of education of such school district, unless such board of  educa-
    18  tion  shall establish to the satisfaction of the commissioner that there
    19  are valid and sufficient reasons for refusal to receive such children.]
    20    d. For the purposes of this subdivision, tuition shall be fixed in  an
    21  amount  which represents the additional operating cost to the designated
    22  school district of attendance resulting from the attendance of  a  child
    23  for  whom  tuition  is  required,  computed in accordance with a formula
    24  established by the commissioner of education.
    25    e. Where the [board of  education  of  a  school  district  furnishing
    26  instruction  for a pupil placed pursuant to this subdivision in a family
    27  home at board] designated school district of attendance for a  child  or
    28  youth  in  foster  care  that receives program support from a child care
    29  institution affiliated with a special act school  district,  other  than
    30  the  board  of  the  pupil's  school  district  of [residence] origin as
    31  defined in paragraph a of this subdivision, upon the  recommendation  of
    32  its  committee  on  special  education, contracts for the instruction of
    33  such pupil pursuant to paragraph c, d, e, or f  of  subdivision  two  of
    34  section  forty-four  hundred one of this chapter or for a nonresidential
    35  placement pursuant to paragraph l of such subdivision, such board  shall
    36  submit  a  claim  to  the commissioner for current year reimbursement of
    37  costs incurred for such pupil. The commissioner shall pay such claim  in
    38  accordance  with the applicable provisions of section thirty-six hundred
    39  nine-b of this chapter and shall be reimbursed by  the  school  district
    40  identified  as  the  pupil's  school  district  of [residence] origin as
    41  defined in paragraph a  of  this  subdivision.  The  commissioner  shall
    42  deduct  the  amount  of  such claim from moneys otherwise due the school
    43  district of [residence] origin.
    44    f. The identity of the school district of [residence at the  time  the
    45  public agency placed the pupil pursuant to paragraph a or paragraph e of
    46  this  subdivision]  origin  shall  be established in accordance with the
    47  following procedure:
    48    (i) Within ten days of the placement of such pupil, the public  agency
    49  or its designee shall give written notice of such placement to the board
    50  of  education  of the school district believed to be the school district
    51  of [residence] origin. Such notification shall include the name  of  the
    52  pupil  and any particulars about the pupil that pertain to the identifi-
    53  cation of the school district as  the  school  district  of  [residence]
    54  origin as defined in paragraph a of this subdivision.
    55    (ii)  A board of education of a school district which receives notifi-
    56  cation pursuant to subparagraph (i) of this paragraph may submit to  the

        S. 7506--B                         26                         A. 9506--B
 
     1  public agency, within ten days of its receipt of such notice, additional
     2  evidence to establish that it is not the pupil's district of [residence]
     3  origin  as  defined  in paragraph a of this subdivision. Any evidence so
     4  submitted  shall  be  considered by the agency prior to making its final
     5  determination, which shall be made no later than  five  days  after  the
     6  agency's  receipt  of such additional evidence. In the event such school
     7  district fails to submit additional evidence within such ten day period,
     8  the determination of the public agency shall be final and the  notifica-
     9  tion  provided  pursuant  to subparagraph (i) of this paragraph shall be
    10  deemed final notification of such determination.
    11    (iii) If, upon its review,  the  public  agency  determines  that  the
    12  school  district notified pursuant to subparagraph (i) of this paragraph
    13  was not the pupil's district of [residence] origin,  the  public  agency
    14  shall  send  notification  to  the  correct school district, in the form
    15  prescribed by subparagraph (i) of  this  paragraph.  Alternatively,  if,
    16  upon  its  review, the public agency determines that the school district
    17  originally designated pursuant to subparagraph (i) of this paragraph  is
    18  the  pupil's  district  of  [residence]  origin, the public agency shall
    19  notify such district in writing of its final determination.
    20    (iv) The board of education of the school district finally  determined
    21  by  the  public  agency to be the pupil's school district of [residence]
    22  origin may appeal such determination to the commissioner  within  thirty
    23  days  of  its  receipt of final notification pursuant to this paragraph.
    24  Such an appeal shall be conducted in the same manner as an  appeal  from
    25  the  actions of local school officials pursuant to section three hundred
    26  ten of this chapter, except that the factual allegations  of  the  peti-
    27  tioner  shall  not  be deemed true in the event the public agency elects
    28  not to appear in the appeal. The petitioner shall join as a party to the
    29  appeal any other school district suspected  to  be  the  pupil's  actual
    30  school district of [residence] origin.
    31    (v) If the commissioner finds that the school district notified pursu-
    32  ant  to  subparagraph (i) or (iii) of this paragraph was not the pupil's
    33  school district of [residence] origin as defined in paragraph a of  this
    34  subdivision  and  that  the  correct school district was not joined as a
    35  party to the appeal, the commissioner shall direct the public agency  to
    36  notify  the correct school district pursuant to subparagraph (i) of this
    37  paragraph.
    38    (vi) Notwithstanding any inconsistent provisions of  law,  during  the
    39  pendency of all proceedings to review a denial of financial responsibil-
    40  ity, the commissioner shall issue an interim order assigning such finan-
    41  cial  responsibility  to  the  school district or, alternatively, upon a
    42  determination that the public agency failed to make  reasonable  efforts
    43  to  identify the [residence] school district of origin of such child, to
    44  the public agency.   In the event the public  agency  fails  to  provide
    45  timely  notice  pursuant to subparagraph (i) of this paragraph, or fails
    46  to render its final determination in a timely manner, the public  agency
    47  responsible  for  such pupil's residential placement shall reimburse the
    48  commissioner for the payments made to the district  furnishing  instruc-
    49  tion  pursuant  to this paragraph during the pendency of all proceedings
    50  or for the duration of the current school year, whichever is longer, and
    51  the state comptroller shall withhold such amount from any moneys due the
    52  county or the city of New York, on vouchers certified or approved by the
    53  commissioner, in the manner prescribed by law  or  shall  transfer  such
    54  amount  from the account of such state department or agency upon certif-
    55  ication of the commissioner, and such funds shall  be  credited  to  the

        S. 7506--B                         27                         A. 9506--B
 
     1  general  support  for  public  schools  local  assistance account of the
     2  department.
     3    (vii)  Any final determination or order of the commissioner concerning
     4  the school district of  [residence]  origin  of  any  pupil  under  this
     5  section  may  only  be  reviewed  in a proceeding brought in the supreme
     6  court pursuant to article seventy-eight of the civil  practice  law  and
     7  rules.  In  any  such  proceeding  under such article seventy-eight, the
     8  court may grant any relief  authorized  by  the  provisions  of  section
     9  seventy-eight  hundred  six  of  such law and rules and may also, in its
    10  discretion, remand the proceedings to the commissioner. A  local  social
    11  services  commissioner  or any state department or agency placing pupils
    12  pursuant to this subdivision is a proper party in  any  such  appeal  or
    13  proceeding.
    14    (viii)  Upon  completion  of  all  proceedings to review the denial of
    15  financial responsibility for the costs of instruction pursuant  to  this
    16  paragraph,  the  commissioner  shall refund any payments made by a party
    17  cleared of such responsibility and shall collect any payments owed by  a
    18  party found to have such responsibility. Where such transactions involve
    19  a  school  district  liable for reimbursement pursuant to paragraph e of
    20  this subdivision,  the  commissioner  shall  appropriately  increase  or
    21  decrease  the  moneys due a school district by such amount in accordance
    22  with the provisions of section thirty-six hundred nine-b of  this  chap-
    23  ter.  Where  such transactions involve the public agency making a place-
    24  ment pursuant to this subdivision, the  comptroller  shall  increase  or
    25  decrease  the  moneys due such public agency by such amount upon certif-
    26  ication of the commissioner, transferring such amount  to  or  from  the
    27  account  of  such  state  department  or  agency  to or from the general
    28  support for public schools local assistance account of the department.
    29    g. If within ninety days from the entry of an order or judgment  of  a
    30  court  of  competent  jurisdiction  or  the receipt of a decision of the
    31  commissioner pursuant to section three  hundred  ten  of  this  chapter,
    32  determining the responsibility of a school district to pay tuition for a
    33  pupil  in accordance with the provisions of paragraph a of this subdivi-
    34  sion or of section five hundred four of the executive law,  such  school
    35  district has not made payment to the designated school district [provid-
    36  ing  instruction to such pupil] of attendance, the school district enti-
    37  tled to such payment may make application to the commissioner to receive
    38  a sum in the amount of such tuition from  the  apportionment  of  public
    39  money  payable  to the school district required to pay such tuition. The
    40  application for payment shall be accompanied by a certified copy of  the
    41  order  or  judgment of a court, or a copy of the decision of the commis-
    42  sioner, and by proof of service by first class mail of a  copy  of  such
    43  application  upon  the  school  district  required  to pay such tuition.
    44  Unless the school district required to pay such tuition shall have noti-
    45  fied the commissioner of  such  payment  within  thirty  days  from  the
    46  receipt  of  such application, the commissioner shall withhold an amount
    47  equal to the tuition for such pupil from the public money payable to the
    48  school district responsible for such tuition and shall pay  such  amount
    49  to the school district which has provided instruction to such pupil. The
    50  commissioner  is  authorized  to promulgate regulations to implement the
    51  provisions of this paragraph.
    52    § 3. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
    53  services  law, as amended by section 2 of subpart B of part K of chapter
    54  56 of the laws of 2017, is amended to read as follows:
    55    (a) Notwithstanding the provisions of this chapter or of any other law
    56  to the contrary, eligible expenditures by a social services district for

        S. 7506--B                         28                         A. 9506--B
 
     1  foster care services shall be subject to reimbursement with state  funds
     2  only  to  the  extent  of annual appropriations to the state foster care
     3  block grant. Such foster care services shall  include  expenditures  for
     4  the  provision  and  administration  of:  care, maintenance, supervision
     5  [and], tuition, and transportation costs related to the education  of  a
     6  foster  child or youth incurred in accordance with paragraph c of subdi-
     7  vision four of section thirty-two hundred forty-four  of  the  education
     8  law; supervision of foster children placed in federally funded job corps
     9  programs; and care, maintenance, supervision and tuition for adjudicated
    10  juvenile  delinquents and persons in need of supervision placed in resi-
    11  dential programs operated by authorized  agencies  and  in  out-of-state
    12  residential  programs;  except that, notwithstanding any other provision
    13  of law to the contrary, reimbursement with state funds pursuant  to  the
    14  state foster care block grant shall not be available for tuition expend-
    15  itures for foster children, including persons in need of supervision and
    16  adjudicated  juvenile  delinquents,  made  by a social services district
    17  located within a city having a population of one million or more. Social
    18  services districts  must  develop  and  implement  children  and  family
    19  services  delivery  systems that are designed to reduce the need for and
    20  the length of foster care placements and must document their efforts  in
    21  the  multi-year consolidated services plan and the annual implementation
    22  reports submitted pursuant to section thirty-four-a of this chapter.
    23    § 4. This act shall take effect immediately,  provided  however,  that
    24  the amendments to paragraph (a) of subdivision 2 of section 153-k of the
    25  social  services  law  as  made  by  section  three of this act shall be
    26  subject to the repeal of such section pursuant to section 28 of  part  C
    27  of chapter 83 of the laws of 2002, as amended.
 
    28                                   PART DD
 
    29    Section  1.  The  section  heading and subdivisions 1 and 2 of section
    30  36-c of the social services law, as added by section  1  of  part  K  of
    31  chapter 58 of the laws of 2010, are amended to read as follows:
    32    Savings  plan  [demonstration  project]  for  the city of New York. 1.
    33  Notwithstanding any other provision of  law  to  the  contrary,  in  any
    34  social  services  district with a city having a population of [one] five
    35  million or more, the social services district  shall  conduct  a  demon-
    36  stration  project  as  set forth in this section, and shall evaluate and
    37  report on such project annually, pursuant to  a  plan  approved  by  the
    38  office of temporary and disability assistance and the division of budget
    39  [prior  to  the  implementation of the project].  A comprehensive report
    40  shall be provided to the governor, the temporary president of the senate
    41  and the speaker of the assembly by December thirty-first,  two  thousand
    42  twenty-one.  Such report shall include but not be limited to information
    43  regarding the program such as the number of participants for the  previ-
    44  ous  three  years;  the  percentage  of participation as measured by the
    45  number of participants making contributions into such savings plan;  the
    46  average  amount  payable  to a participant upon leaving the program; the
    47  average length of time a participant remained in the program; the number
    48  of situations in which the participant moved  out  of  the  program  but
    49  reengaged  in  the program within the previous twelve months; the number
    50  of participants leaving  the  program  voluntarily  and  the  number  of
    51  participants  removed  due  to  failure  to comply; and any other demon-
    52  strated outcomes of such program.
    53    2. Such social services district, in lieu of applying that portion  of
    54  a  temporary  housing assistance recipient's earned income that, but for

        S. 7506--B                         29                         A. 9506--B
 
     1  the [other] provisions of this [chapter] section, would  be  applied  to
     2  reduce  the  need for the shelter component of temporary housing assist-
     3  ance provided in a temporary emergency  shelter,  shall  direct  such  a
     4  recipient  to participate in a savings plan with such funds and, as long
     5  as such funds are not withdrawn, they shall not be applied to reduce the
     6  need for the shelter  component  of  the  temporary  housing  assistance
     7  granted  for the duration of his or her residence in temporary emergency
     8  shelter; provided, however, that the provisions of  this  section  shall
     9  only apply to a person receiving temporary housing assistance in a shel-
    10  ter or other facility [funded and] overseen by the New York city depart-
    11  ment  of  homeless  services  or the New York city department of housing
    12  preservation and development. Failure by a recipient of temporary  hous-
    13  ing  assistance  to  contribute  to  such  a  savings plan shall [not in
    14  itself] result in the discontinuance of temporary  housing  assistance[,
    15  unless  the  recipient  separately  fails  to  comply with conditions of
    16  eligibility that could result in the discontinuance of temporary housing
    17  assistance].  Provided however, such discontinuance shall be immediately
    18  curable by compliance with this section.
    19    § 2. Subdivision c of section 2 of part K of chapter 58 of the laws of
    20  2010 amending the social services  law,  relating  to  establishing  the
    21  savings plan demonstration project, as amended by section 1 of part V of
    22  chapter 56 of the laws of 2017, is amended to read as follows:
    23    c.  this  act  shall  expire  and  be deemed repealed March 31, [2018;
    24  provided, however that at such time that the  office  of  temporary  and
    25  disability assistance approves a revised savings demonstration plan that
    26  has been submitted to the office by the City of New York, this act shall
    27  expire  and  be  deemed repealed. Upon approval of the revised plan, the
    28  office shall notify the chair of the senate finance  committee  and  the
    29  chair  of the assembly ways and means committee; provided, further, that
    30  the office of temporary  and  disability  assistance  shall  notify  the
    31  legislative  bill  drafting  commission upon the approval of the revised
    32  savings demonstration plan in order that the commission may maintain  an
    33  accurate and timely effective data base of the official text of the laws
    34  of  the  state of New York in furtherance of effectuating the provisions
    35  of section 44 of the legislative law and  section  70-b  of  the  public
    36  officers law] 2022.
    37    §  3.  This act shall take effect immediately; provided, however, that
    38  the amendments to section 36-c  of  the  social  services  law  made  by
    39  section  one of this act shall not affect the repeal of such section and
    40  shall be deemed repealed therewith.
    41    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    42  sion, section or part of this act shall be  adjudged  by  any  court  of
    43  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    44  impair, or invalidate the remainder thereof, but shall  be  confined  in
    45  its  operation  to the clause, sentence, paragraph, subdivision, section
    46  or part thereof directly involved in the controversy in which such judg-
    47  ment shall have been rendered. It is hereby declared to be the intent of
    48  the legislature that this act would  have  been  enacted  even  if  such
    49  invalid provisions had not been included herein.
    50    §  3.  This  act shall take effect immediately provided, however, that
    51  the applicable effective date of Parts A through DD of this act shall be
    52  as specifically set forth in the last section of such Parts.
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