A40002
STATE OF NEW YORK
________________________________________________________________________
2
Extraordinary Session
IN ASSEMBLY
July 22, 2004
___________
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
once and referred to the Committee on Education
AN ACT to amend the education law, the general municipal law and the tax
law, in relation to providing the opportunity for a sound basic educa-
tion and providing for accountability in the context of the public
education system; and repealing certain provisions of the education
law, the public authorities law and chapter 795 of the laws of 1967
amending the education law and other laws relating to authorizing
boards of cooperative educational services to own and construct build-
ings relating to construction contracts
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Legislative findings. The legislature hereby finds and
2 declares that the education of our children is among the most vital and
3 critical functions of government. The legislature further finds that in
4 Campaign for Fiscal Equity v. State, 100 N.Y. 2d 893, 930 (2003), the
5 court of appeals directed that the state ascertain the actual cost of
6 providing a sound basic education in New York city; ensure that reforms
7 to the current system of financing school funding and managing schools
8 address the shortcomings of the current system by ensuring, as a part of
9 that process, that every school in New York city has the resources
10 necessary for providing the opportunity for a sound basic education; and
11 provide for a system of accountability to measure whether the reforms
12 actually provide the opportunity for a sound basic education.
13 The legislature further finds that the New York state commission on
14 education reform ("commission") was established pursuant to Executive
15 Order No. 131 specifically to study and recommend reforms to ensure all
16 children have the opportunity to obtain a sound basic education in
17 accordance with requirements of the state constitution and applicable
18 decisional law. The legislature further finds that consistent with its
19 responsibilities pursuant to this Executive Order, the commission
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12222-07-4
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1 directed that a study be performed on its behalf to ascertain the actual
2 cost of providing a sound basic education in New York city and other
3 school districts across the state.
4 The legislature hereby finds that the actual costs of providing a
5 sound basic education should properly be determined using an analysis
6 whereby expenditures are examined in school districts that have educa-
7 tion performance that meets or exceeds expected performance levels,
8 consistent with the study performed on behalf of the commission. The
9 legislature further finds that expected education performance levels
10 should be determined using scores on the fourth grade English Language
11 Arts and fourth grade Math exams with successful schools identified as
12 having eighty percent of their students demonstrating proficiency on
13 such exams over a three-year period, and the five regents exams used for
14 graduation, consisting of the 281 K-12 school districts identified by
15 the state education department as meeting the operational definition of
16 an adequate education.
17 The legislature further finds that educational costs should be
18 adjusted using those weightings selected and reflected in the commis-
19 sion's recommendations for the number of special education students, the
20 number of students from economically disadvantaged backgrounds and the
21 number of students with limited English proficiency, with regional cost
22 differences reflected utilizing the Geographic Cost of Education Index.
23 Furthermore, the legislature finds that it is appropriate to incorporate
24 an efficiency factor by ranking the expenditures of the successful
25 school districts and using the average expenditures of the lowest fifty
26 percent of such school districts, consistent with the study performed
27 on behalf of the commission.
28 The legislature further finds that a combination of state, local and
29 federal funds should be used to support the costs of providing a sound
30 basic education in New York city and other school districts across the
31 state, and that funding increases should be phased in over five years to
32 ensure that school districts have adequate time in which to plan for the
33 use of additional resources.
34 The legislature further finds that the legislation enacted herein
35 reforms the current system of financing school funding and managing
36 schools by ensuring that every school has the resources necessary for
37 providing the opportunity for a sound basic education, and provides for
38 a system of accountability to measure and ensure that the reforms actu-
39 ally provide the opportunity for a sound basic education.
40 § 1-a. The education law is amended by adding a new article 25 to read
41 as follows:
42 ARTICLE 25
43 OFFICE OF EDUCATIONAL ACCOUNTABILITY
44 Section 1300. Office of educational accountability.
45 1301. Powers and duties of the office of educational account-
46 ability.
47 1302. Comprehensive sound basic education plan.
48 1303. Identification of poorly performing schools.
49 1304. Planning and accountability for school districts with
50 poorly performing schools.
51 1305. Value added accountability system.
52 § 1300. Office of educational accountability. An independent office
53 of educational accountability is established to monitor student perform-
54 ance in the state's school districts. The office shall have responsibil-
55 ity for administering the statewide system of accountability for public
56 elementary and secondary schools in accordance with this article and
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1 Title I and monitoring the performance and improvement of poorly
2 performing schools. The director of the office of educational account-
3 ability shall be appointed by the board of regents with the approval of
4 the governor for a term of six years that may be renewed by the regents
5 with the approval of the governor. No director shall serve for more
6 than two terms. The director may be removed during a term by the board
7 of regents with the approval of the governor.
8 § 1301. Powers and duties of the office of educational accountability.
9 The office shall have the following powers and duties:
10 1. Evaluate student performance data and ensure the annual report to
11 the governor, the legislature, the board of regents and the public on
12 student performance statewide is made in a timely manner.
13 2. Establish criteria for annually identifying a list of poorly
14 performing schools.
15 3. Ensure local school districts report to the public on their student
16 performance.
17 4. Ensure school districts notify parents when a school is identified
18 as poor performing.
19 5. Ensure school districts notify parents of their options under the
20 federal No Child Left Behind Act (school choice and vouchers for tutor-
21 ing).
22 5-a. Review and approve the comprehensive sound basic education plans
23 from school districts with poorly performing schools within sixty days
24 of receipt of such plan.
25 6. Review and approve the school improvement plans from the poorly
26 performing schools within sixty days of receipt of such plan.
27 7. Make periodic site visits to poorly performing schools to ensure
28 that the improvement plans are being implemented on the proposed time-
29 line.
30 8. Hold school districts accountable for spending required by the
31 school improvement plan.
32 9. Order districts to take the actions contained in the approved plans
33 with a set of sanctions for districts that fail to follow through. These
34 sanctions may include speeding up the timetable for closing or re-con-
35 figuring the school.
36 10. Require New York city and school districts with poorly performing
37 schools to provide a detailed plan for the allocation of resources among
38 their schools.
39 11. Develop a value added accountability system based on grade by
40 grade tests required by the federal No Child Left Behind Act.
41 § 1302. Comprehensive sound basic education plan. 1. Each school
42 district shall develop a three-year comprehensive sound basic education
43 plan. Such plan shall be updated each year. The first such plan shall be
44 submitted by March first, two thousand five. The first plan shall detail
45 how the district plans to provide an opportunity for a sound basic
46 education in all their schools by the end of the first three years. The
47 plan shall be developed in cooperation with groups representing parents,
48 teachers and administrators from the poorly performing school. The plan
49 shall consider district needs in providing an opportunity for a sound
50 basic education.
51 2. Each school district shall include a resource allocation plan as
52 part of the comprehensive sound basic education plan. This plan shall
53 ensure that each school has the educational resources necessary to
54 provide the opportunity for a sound basic education. The allocation plan
55 may include allocation of resources in the following areas based on the
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1 district needs identified in the plan developed in accordance with
2 subdivision one of this section:
3 a. Improvement in quality of teaching and instructional leadership for
4 schools including for school districts with poorly performing schools
5 the allocation of teachers among schools and utilizing initiatives such
6 as competitive pay scales for teachers, additional stipends to attract
7 qualified teachers for math, science, bilingual education and hard to
8 staff schools, pay for performance plans and career ladders to encourage
9 experienced teachers to remain in teaching;
10 b. Appropriate class sizes;
11 c. School facilities;
12 d. Pre-k and early childhood education services;
13 e. Services for at-risk students;
14 f. Services for students with disabilities and English language lear-
15 ners;
16 g. Ensuring adequate instrumentalities of learning;
17 h. Alternative placements for disruptive students;
18 i. Parental accountability and involvement;
19 j. Student involvement and accountability; and
20 k. Longer school day and longer school year.
21 3. The school district shall submit the completed plan to the office
22 of educational accountability. If the administrators or teachers do not
23 agree with the plan approved by the board of education and submitted to
24 the state, they may submit their objections to the state with the plan.
25 The plan for each school district with a poorly performing school shall
26 be reviewed and approved by the office of educational accountability.
27 § 1303. Identification of poorly performing schools. Each year in
28 accordance with a schedule determined by the director, the office of
29 educational accountability shall review student performance on state
30 tests and identify a list of poorly performing schools. The criteria to
31 be used to identify the poorly performing schools shall be clearly
32 defined and based on the number of students meeting the standards on
33 state tests, the attendance rate and dropout rates and the number of
34 students with serious academic deficiencies. The office shall ensure
35 that the list includes all schools not providing an opportunity for a
36 sound basic education and that each school district with a poorly
37 performing school notifies each parent of the students in the low
38 performing school of this designation.
39 § 1304. Planning and accountability for school districts with poorly
40 performing schools. 1. Plan. Each school district with a poorly
41 performing school identified by the office of educational accountability
42 shall develop a three year improvement plan for each poorly performing
43 school. Such plan shall be submitted within six months of such identifi-
44 cation as a poorly performing school. The plan shall be developed in
45 cooperation with groups representing parents, teachers and administra-
46 tors from the poorly performing school. Such plan shall be submitted to
47 the office of educational accountability in accordance with a schedule
48 developed by the office.
49 a. Section one of the plan shall identify the problems in the poorly
50 performing school. The district must show a clear analysis of the
51 school's needs based on the data available to identify the problems.
52 b. Section two of the plan shall contain specific programs and actions
53 to be implemented to solve the problems identified in section one of the
54 plan and a timeline for implementation. The specific programs to be
55 implemented must be on the list of successful programs identified by the
56 state education department in accordance with subdivision two of this
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1 section. If the school includes a program not on the list, the plan must
2 provide reasons why the action will work in their district.
3 c. In poorly performing schools experiencing a problem with disruptive
4 students, the plan must include creation of alternative placements for
5 disruptive students to improve the learning opportunity for other
6 students.
7 d. Section three of the plan shall identify the resources necessary to
8 carry out the plan. The school district shall ensure that each poorly
9 performing school has the resources necessary to provide an opportunity
10 for a sound basic education in accordance with the district allocation
11 plan contained in the comprehensive sound basic education plan.
12 e. The school district shall submit the completed plan to the office
13 of educational accountability for approval. If the administrators or
14 teachers do not agree with the plan approved by the board of education
15 and submitted to the state, they may submit their objections to the
16 state with the plan.
17 2. Technical assistance. The department shall assist the school
18 district in developing this plan by identifying cost effective similar
19 schools with successful student performance, and identifying the differ-
20 ences in educational programs between successful schools and poorly
21 performing schools. In addition, the department shall provide the
22 district with information on the characteristics of cost-effective simi-
23 lar schools that have successfully improved performance.
24 3. Sanctions. The office of educational accountability shall monitor
25 implementation of the plan. If at any time after the plan is adopted and
26 approved, the office determines a school is not implementing the plan,
27 the director shall order the school district to take action to implement
28 the plan. If the school district fails to act on the director's order,
29 the director may expedite the actions authorized in this subdivision.
30 After the third year of the plan, the office of educational accountabil-
31 ity shall determine if the school meets performance expectations. If the
32 school does not meet performance expectations, the director shall close
33 the school. A new, restructured school shall be opened with a new prin-
34 cipal and staff in accordance with local conditions. Notwithstanding any
35 other provision of law to the contrary, failure of a school to provide
36 the opportunity for a sound basic education after three years under a
37 school improvement plan shall be deemed just cause for dismissal of the
38 building principal. In addition, parents shall be offered the opportu-
39 nity to convert the school to a charter school. The new school shall
40 develop a three year improvement plan in accordance with the require-
41 ments contained in this section.
42 After the third year of the plan, the office of educational account-
43 ability shall determine if the new school meets performance expecta-
44 tions. If the school fails to meet performance expectations after
45 closure and re-configuration an interim administrator shall be appointed
46 to manage the school and order the district to make recommended improve-
47 ments. The interim administrator shall assume the powers of the local
48 school board and superintendent for the designated school, including
49 hiring a principal and staff and ensuring improvements are made.
50 § 1305. Value added accountability system. The office of educational
51 accountability shall develop a value added accountability system to
52 increase the efficiency and effectiveness of school program planning and
53 implementation. The system will track each student's performance based
54 on assessments that review progress over time.
55 The system will track how effectively state and local resources,
56 including resources identified in the school improvement plans required
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1 by section thirteen hundred four of this article, are utilized at the
2 local school level to enable state and local policymakers to make
3 better-informed judgments on education related policies, reforms and
4 expenditures each year. The system will combine school performance,
5 attendance and dropout data with financial data. In order to facilitate
6 the creation of this system, the department shall develop an information
7 system plan that integrates the databases required for this system.
8 § 2. Subdivisions 2 and 4 of section 2576 of the education law, subdi-
9 vision 2 as amended by chapter 65 of the laws of 1972 and subdivision 4
10 as renumbered by chapter 762 of the laws of 1950, are amended and a new
11 subdivision 5-b is added to read as follows:
12 2. In the city school districts of Syracuse, Rochester and Yonkers
13 such estimate shall be filed with the mayor or city manager. Such offi-
14 cer shall place such estimate before the board of estimate and appor-
15 tionment or other similar body at the same time and in the same manner
16 as estimates from city departments or officers are placed before said
17 board or body, and such estimate shall thereafter be subject to the same
18 consideration, action and procedure as all other estimates from city
19 departments or officers, subject to the limitations provided by subdivi-
20 sion five-b of this section. The said board or body may increase,
21 diminish or reject any item contained in said estimate, subject to the
22 limitations provided by subdivision five-b of this section, except for
23 fixed charges for which the city is liable. When such estimate is
24 adopted, the said board or body shall file it with the common council.
25 4. In a city which had, according to the federal census of nineteen
26 hundred forty, a population of four hundred thousand or more but less
27 than one million such estimate shall be filed with the officer author-
28 ized to receive other department estimates and the same acted on by such
29 officer and by the council of such city in the same manner and with the
30 same effect as other department estimates, subject to the limitations
31 provided by subdivision five-b of this section. The council is also
32 authorized, in its discretion, to include in such budget a sum for any
33 of the purposes enumerated in paragraph c of subdivision one of this
34 section, and any further amount for such purposes as may be authorized
35 by a tax election held in such city pursuant to the provisions of this
36 chapter. After the adoption of such budget the council shall cause the
37 amount thereof to be included in the tax and assessment roll of the city
38 and the same shall be collected in the same manner and at the same time
39 as other taxes of the city are collected, and placed to the credit of
40 the board of education.
41 5-b. a. For the purposes of this subdivision, the terms:
42 (i) "city funds" shall mean funds of a city with more than one hundred
43 twenty-five thousand and less than one million inhabitants derived from
44 any source except funds contained within the capital budget and funds
45 derived from any federal, state or private sources over which the city
46 has no discretion.
47 (ii) "city amount" shall mean the total amount of expenditures funded
48 by city funds for the support of the city school district of a city with
49 more than one hundred twenty-five thousand and less than one million
50 inhabitants, not including city payments for debt service or payments
51 for pension benefits for employees of such district, as contained within
52 the budget as adopted by the city of New York.
53 (iii) "base year" shall mean the fiscal year immediately preceding the
54 fiscal year for which the budget referred to in subparagraph (ii) of
55 this paragraph is adopted. The initial base year shall be fiscal year
56 ending June thirtieth, two thousand four.
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1 b. The city amount shall not be less than the city amount appropriated
2 in the base year as determined at the time of adoption of the budget for
3 the ensuing fiscal year. Provided, however, in the event the total
4 amount of city funds relied upon to balance such budget is lower than
5 the total amount of city funds appropriated in the base year, determined
6 at the time of adoption of such budget, the city amount may be reduced
7 by up to the same percentage as the overall percentage decrease in city
8 funds between the base year and the ensuing fiscal year.
9 § 3. The education law is amended by adding a new section 215-d to
10 read as follows:
11 § 215-d. Annual report by regents to governor and legislature on
12 student performance; study of performance standards and assessments. 1.
13 The board of regents shall prepare and submit to the governor, the pres-
14 ident pro tem of the senate and the speaker of the assembly not later
15 than January first, two thousand five and by the first day of January in
16 each year thereafter, a report on student performance in the preceding
17 school year on required state assessments and the impact of current and
18 proposed future policies related to the setting of state academic
19 content standards and academic performance standards for purposes of
20 state accountability on school district finances. The department shall
21 conduct a public hearing on the proposed report and shall include a
22 summary of the input received at such hearing in the final report.
23 Following submission of the report, the board of regents and commission-
24 er shall hold a public meeting with the Governor to discuss the results.
25 2. The regents shall ensure that any student who is granted a public
26 high school diploma has demonstrated that he or she is capable of func-
27 tioning effectively in society, including by eventually functioning
28 competently as a juror, voter and employee.
29 3. The board of regents shall appoint an independent panel to review
30 the current state academic performance standards and regents examina-
31 tions and assessments used for graduation purposes, and make recommenda-
32 tions to the regents and the commissioner on alignment of the regents
33 examinations and assessments with the state learning standards and the
34 scoring of such assessments, including recommendations on ways to assure
35 that scoring is as consistent and understandable to practitioners as is
36 practicable. Such independent panel shall include representatives of the
37 education community, including but not limited to parents, schools and
38 school districts and organizations representing teachers and school
39 administrators, institutions of higher education, labor and the business
40 community. The department shall provide the panel with necessary staff
41 support and resources and, upon request of the panel, shall conduct a
42 survey of parents, students, teachers, school administrators and the
43 labor and business communities for their views on such state academic
44 performance standards and assessment issues. The panel shall report to
45 the regents by a date prescribed by the regents, which shall be on or
46 before the date on which the regents establish the passing score on
47 regents examinations for the two thousand five--two thousand six school
48 year.
49 4. The board of regents shall monitor the performance of students in
50 career and technical education programs to ascertain if the current
51 diploma requirements for such students have had an adverse impact on
52 enrollment or completion rates for such programs, and shall consider
53 adjustments in such diploma requirements to ensure these students have
54 the opportunity to meet the requirements. The regents shall include a
55 report on the impact of such diploma requirements for career and techni-
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1 cal education students in the annual report required pursuant to subdi-
2 vision one of this section.
3 § 4. Section 1604 of the education law is amended by adding a new
4 subdivision 43 to read as follows:
5 43. To participate or require its members to participate in training
6 and continuing education programs pursuant to the provisions of this
7 subdivision.
8 (1) Upon taking office for the first time, each sole trustee or voting
9 member of the board of trustees shall participate in training to
10 acquaint them with the powers, functions and duties of school board
11 members, as well as the powers of other governing and administering
12 authorities that affect education including the powers of the board of
13 regents, commissioner, office of educational accountability and the
14 superintendent of schools. Such participation shall be completed no
15 later than three months from the date on which a trustee takes office
16 for the first time.
17 (2) Each sole trustee or voting member of the board of trustees shall
18 be required to participate in continuing education programs on an annual
19 basis as prescribed by the commissioner. Participation in training
20 pursuant to paragraph one of this subdivision shall satisfy the require-
21 ments of this paragraph for the first year of a new trustee's term.
22 (3) Such school board training and continuing education programs shall
23 be provided by the department.
24 (4) The commissioner is authorized to promulgate regulations regarding
25 implementation of the school board training and continuing education
26 programs.
27 (5) The failure of a trustee or member of a board of trustees to
28 comply with the training and continuing education requirements mandated
29 by this subdivision shall constitute cause for removal from office.
30 § 5. Section 1709 of the education law is amended by adding a new
31 subdivision 43 to read as follows:
32 43. To require its voting members to participate in training and
33 continuing education programs pursuant to the provisions of this subdi-
34 vision.
35 (1) Upon taking office for the first time, all voting members of the
36 board of education shall participate in training to acquaint them with
37 the powers, functions and duties of school board members, as well as the
38 powers of other governing and administering authorities that affect
39 education including the powers of the board of regents, commissioner,
40 office of educational accountability and the superintendent of schools.
41 Such participation shall be completed no later than three months from
42 the date on which a school board member takes office for the first time.
43 (2) Each voting member of the board of education shall be required to
44 participate in continuing education programs on an annual basis as
45 prescribed by the commissioner. Participation in training pursuant to
46 paragraph one of this subdivision shall satisfy the requirements of this
47 paragraph for the first year of a new member's term.
48 (3) Such school board training and continuing education programs shall
49 be provided by the department.
50 (4) The commissioner is authorized to promulgate regulations regarding
51 implementation of the school board training and continuing education
52 programs.
53 (5) The failure of a member of a board of education of a union free,
54 central or central high school district to comply with the training and
55 continuing education requirements mandated by this subdivision shall
56 constitute cause for removal from office.
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1 § 6. Subdivision 1 of section 1903 of the education law, as designated
2 by chapter 70 of the laws of 2001, is amended to read as follows:
3 1. The board of education of a central high school district shall have
4 jurisdiction over the pupils residing therein who have completed the
5 work of the sixth grade and shall have the same powers and duties in
6 respect to the school therein as a board of education of a union free
7 school district has, under this chapter, in respect to the schools in
8 such district. Notwithstanding any other provision of law to the
9 contrary, for purposes of subdivision forty-three of section seventeen
10 hundred nine of this title, a member of a board of education of a
11 central high school district who is also a trustee or member of the
12 board of trustees or board of education of a component school district
13 may fulfill the required school board training and continuing education
14 through the central school district or the component school district,
15 and shall not be required to complete such training or continuing educa-
16 tion requirement more than once in any year. Except as otherwise
17 provided in this article, the provisions of this chapter as to the
18 courses of study, the qualifications and employment of teachers and the
19 maintenance, conduct and supervision of public schools in union free
20 school districts shall apply to a central high school district.
21 § 7. Section 2503 of the education law is amended by adding a new
22 subdivision 21 to read as follows:
23 21. Shall require its voting members to participate in training and
24 continuing education programs pursuant to the provisions of this subdi-
25 vision.
26 (1) Upon taking office as a trustee for the first time, all voting
27 members of the board of education shall participate in training to
28 acquaint them with the powers, functions and duties of school board
29 members, as well as the powers of other governing and administering
30 authorities that affect education including the powers of the board of
31 regents, commissioner, office of educational accountability and the
32 superintendent of schools. Such participation shall be completed no
33 later than three months from the date on which a school board member
34 takes office for the first time.
35 (2) Each voting member of the board of education shall be required to
36 participate in continuing education programs on an annual basis as
37 prescribed by the commissioner. Participation in training pursuant to
38 paragraph one of this subdivision shall satisfy the requirements of this
39 paragraph for the first year of a new member's term.
40 (3) Such school board training and continuing education programs shall
41 be provided by the department.
42 (4) The commissioner is authorized to promulgate regulations regarding
43 implementation of the school board training and continuing education
44 programs.
45 (5) The failure of a member of a board of education of a city school
46 district in a city having a population of less than one hundred twenty-
47 five thousand inhabitants to comply with the training and continuing
48 education requirements mandated by this subdivision shall constitute
49 cause for removal from office.
50 § 8. Section 2554 of the education law is amended by adding a new
51 subdivision 28 to read as follows:
52 28. To require its voting members to participate in training and
53 continuing education programs pursuant to the provisions of this subdi-
54 vision.
55 (1) Upon taking office for the first time, all voting members of the
56 board of education shall participate in training to acquaint them with
A. 2 10
1 the powers, functions and duties of school board members, as well as the
2 powers of other governing and administering authorities that affect
3 education including the powers of the board of regents, commissioner,
4 office of educational accountability and the superintendent of schools.
5 Such participation shall be completed no later than three months from
6 the date on which a school board member takes office for the first time.
7 (2) Each voting member of the board of education shall be required to
8 participate in continuing education programs on an annual basis as
9 prescribed by the commissioner. Participation in training pursuant to
10 paragraph one of this subdivision shall satisfy the requirements of this
11 paragraph for the first year of a new member's term.
12 (3) Such school board training and continuing education programs shall
13 be provided by the department.
14 (4) The commissioner is authorized to promulgate regulations regarding
15 implementation of the school board training and continuing education
16 programs.
17 (5) The failure of a member of a board of education of a city school
18 district with less than one million inhabitants to comply with the
19 training and continuing education requirements mandated by this subdivi-
20 sion shall constitute cause for removal from office.
21 § 9. Section 2590-b of the education law is amended by adding a new
22 subdivision 1-a to read as follows:
23 1-a. It shall be the duty of the members of the board of education of
24 the city school district of the city of New York, other than the chan-
25 cellor, to participate in training and continuing education programs
26 pursuant to the provisions of this subdivision.
27 (1) Members of the board of education, other than the chancellor,
28 shall participate in training to acquaint them with the powers, func-
29 tions and duties of school board members, as well as the powers of other
30 governing and administering authorities that affect education including
31 the powers of the board of regents, commissioner, office of educational
32 accountability, city board, chancellor and community superintendents.
33 Such participation shall be completed no later than three months from
34 the date on which a community council member takes office for the first
35 time.
36 (2) Each member of the board of education, other than the chancellor,
37 shall be required to participate in continuing education programs on an
38 annual basis as defined by the commissioner. Participation in training
39 pursuant to paragraph one of this subdivision by a member of the board
40 of education who takes office for the first time shall be deemed to
41 satisfy the requirements of this subdivision for the first year of such
42 member's term.
43 (3) Such training and continuing education programs shall be provided
44 by the department.
45 (4) The commissioner is authorized to promulgate regulations regarding
46 implementation of the training and continuing education programs. Any
47 such regulations shall be developed after consultation with the chancel-
48 lor.
49 (5) Such training and continuing education programs shall be offered
50 on an annual basis or more frequently, as needed, to enable members of
51 the board of education to comply with this subdivision.
52 (6) Failure of members of the board of education to comply with the
53 training and continuing education requirements mandated by this subdivi-
54 sion shall constitute cause for removal from office.
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1 § 10. Paragraph (b) of subdivision 1 of section 3012 of the education
2 law, as amended by chapter 442 of the laws of 1980, is amended and a new
3 subdivision 4 is added to read as follows:
4 (b) Principals, administrators, supervisors and all other members of
5 the supervising staff of school districts, including common school
6 districts and/or school districts employing fewer than eight teachers,
7 other than city school districts, who are appointed prior to September
8 first, two thousand four, shall be appointed by the board of education,
9 or the trustees of a common school district, upon the recommendation of
10 the superintendent of schools for a probationary period of three years.
11 The service of a person appointed to any of such positions may be
12 discontinued at any time during the probationary period on the recommen-
13 dation of the superintendent of schools, by a majority vote of the board
14 of education or the trustees of a common school district.
15 4. Principals, administrators, supervisors and all other members of
16 the supervising staff of school districts who are appointed on or after
17 September first, two thousand four, shall be appointed by the board of
18 education, or the trustees of a common school district, upon the recom-
19 mendation of the superintendent of schools, to serve pursuant to a
20 contract of employment. Such contract shall be for a term of not less
21 than three and not more than five years, and shall contain such other
22 terms as shall be mutually acceptable to the parties and are consistent
23 with any applicable collective bargaining agreements and this subdivi-
24 sion, including but not limited to, procedures for termination by either
25 party prior to the expiration of the term of such contract. During the
26 first three years of the employee's initial contract for a particular
27 position on the supervising staff, the service of such employee may be
28 discontinued at any time on the recommendation of the superintendent of
29 schools, by a majority vote of the board of education or the trustees of
30 a common school district. Thereafter, any such termination by the trus-
31 tees or board of education during the term of the contract shall be for
32 cause, upon notice and an opportunity for a hearing pursuant to section
33 three thousand twenty-a of this article or, for members of the supervis-
34 ing staff who are represented by a collective bargaining unit, pursuant
35 to a collectively negotiated expedited disciplinary procedure. Such
36 contracts may include pay for performance plans using a value added
37 assessment system of student performance.
38 § 11. Subdivision 1 of section 3014 of the education law, as amended
39 by chapter 551 of the laws of 1976, is amended and a new subdivision 3
40 is added to read as follows:
41 1. [Administrative assistants, supervisors, teachers] Teachers and all
42 other members of the teaching [and supervising] staff of the board of
43 cooperative educational services, and all members of the supervising
44 staff of the board of cooperative educational services who are appointed
45 prior to September first, two thousand four, shall be appointed by a
46 majority vote of the board of cooperative educational services upon the
47 recommendation of the district superintendent of schools for a proba-
48 tionary period of not to exceed three years; provided, however, that in
49 the case of a teacher who has been appointed on tenure in a school
50 district within the state, the board of cooperative educational services
51 where currently employed, or another board of cooperative educational
52 services, and who was not dismissed from such district or board as a
53 result of charges brought pursuant to subdivision one of section three
54 thousand twenty-a of this chapter, the probationary period shall not
55 exceed two years. Services of a person so appointed to any such posi-
56 tions may be discontinued at any time during such probationary period,
A. 2 12
1 upon the recommendation of the district superintendent, by a majority
2 vote of the board of cooperative educational services.
3 3. Administrators, supervisors and all other members of the supervis-
4 ing staff of boards of cooperative educational services who are
5 appointed on or after September first, two thousand four, shall be
6 appointed by the board of cooperative educational services, upon the
7 recommendation of the district superintendent of schools, to serve
8 pursuant to a contract of employment. Such contract shall be for a term
9 of not less than three and not more than five years, and shall contain
10 such other terms as shall be mutually acceptable to the parties and are
11 consistent with any applicable collective bargaining agreements and this
12 subdivision, including but not limited to, procedures for termination by
13 either party prior to the expiration of the term of such contract.
14 During the first three years of the employee's initial contract for a
15 particular position on the supervising staff, the service of such
16 employee may be discontinued at any time on the recommendation of the
17 district superintendent of schools, by a majority vote of the board of
18 cooperative educational services. Thereafter, any such termination by
19 the board of cooperative educational services during the term of the
20 contract shall be for cause, upon notice and an opportunity for a hear-
21 ing pursuant to section three thousand twenty-a of this article or, for
22 members of the supervising staff who are represented by a collective
23 bargaining unit, pursuant to a collectively negotiated expedited disci-
24 plinary procedure. Such contracts may include pay for performance plans
25 using a value added assessment system of student performance.
26 § 12. Paragraph (b) of subdivision 1 of section 2509 of the education
27 law, as amended by chapter 468 of the laws of 1975, is amended and a new
28 subdivision 8 is added to read as follows:
29 (b) Administrators, directors, supervisors, principals and all other
30 members of the supervising staff, except associate, assistant and other
31 superintendents, authorized by section twenty-five hundred three of this
32 article, who are appointed prior to September first, two thousand four,
33 shall be appointed by the board of education, upon the recommendation of
34 the superintendent of schools for a probationary period of three years.
35 The service of a person appointed to any of such positions may be
36 discontinued at any time during the probationary period on the recommen-
37 dation of the superintendent of schools, by a majority vote of the board
38 of education.
39 8. Principals, administrators, supervisors and all other members of
40 the supervising staff of school districts who are appointed on or after
41 September first, two thousand four, except associate, assistant and
42 other superintendents, shall be appointed by the board of education of a
43 city school district, upon the recommendation of the superintendent of
44 schools, to serve pursuant to a contract of employment. Such contract
45 shall be for a term of not less than three and not more than five years,
46 and shall contain such other terms as shall be mutually acceptable to
47 the parties and are consistent with any applicable collective bargaining
48 agreements and this subdivision, including but not limited to, proce-
49 dures for termination by either party prior to the expiration of the
50 term of such contract. During the first three years of the employee's
51 initial contract for a particular position on the supervising staff, the
52 service of such employee may be discontinued at any time on the recom-
53 mendation of the superintendent of schools, by a majority vote of the
54 board of education or the trustees of a common school district. There-
55 after, any such termination by the trustees or board of education during
56 the term of the contract shall be for cause, upon notice and an opportu-
A. 2 13
1 nity for a hearing pursuant to section three thousand twenty-a of this
2 chapter or, for members of the supervising staff who are represented by
3 a collective bargaining unit, pursuant to a collectively negotiated
4 expedited disciplinary procedure. Such contracts may include pay for
5 performance plans using a value added assessment system of student
6 performance.
7 § 13. Paragraph (b) of subdivision 1 of section 2573 of the education
8 law, as amended by chapter 468 of the laws of 1975, is amended and a new
9 subdivision 18 is added to read as follows:
10 (b) Administrators, directors, supervisors, principals and all other
11 members of the supervising staff, except executive directors, associate,
12 assistant, district and community superintendents and examiners, author-
13 ized by section twenty-five hundred fifty-four of this article, who are
14 appointed prior to September first, two thousand four, shall be
15 appointed by the board of education, upon the recommendation of the
16 superintendent or chancellor of schools, for a probationary period of
17 three years. The service of a person appointed to any of such positions
18 may be discontinued at any time during the probationary period on the
19 recommendation of the superintendent of schools, by a majority vote of
20 the board of education.
21 18. Principals, administrators, directors, supervisors and all other
22 members of the supervising staff of city school districts who are
23 appointed on or after September first, two thousand four, except execu-
24 tive directors, associate, assistant, district and community superinten-
25 dents, authorized by section twenty-five hundred fifty-four of this
26 article, shall be appointed by the board of education, upon the recom-
27 mendation of the superintendent of schools, to serve pursuant to a
28 contract of employment. Such contract shall be for a term of not less
29 than three and not more than five years, and shall contain such other
30 terms as shall be mutually acceptable to the parties and are consistent
31 with any applicable collective bargaining agreements and this subdivi-
32 sion, including but not limited to, procedures for termination by either
33 party prior to the expiration of the term of such contract. During the
34 first three years of the employee's initial contract for a particular
35 position on the supervising staff, the service of such employee may be
36 discontinued at any time on the recommendation of the superintendent of
37 schools, by a majority vote of the board of education or the trustees of
38 a common school district. Thereafter, any such termination by the trus-
39 tees or board of education during the term of the contract shall be for
40 cause, upon notice and an opportunity for a hearing pursuant to section
41 three thousand twenty-a of this chapter or, for members of the supervis-
42 ing staff who are represented by a collective bargaining unit, pursuant
43 to a collectively negotiated expedited disciplinary procedure, or, where
44 applicable, pursuant to the provisions of subdivisions three and four of
45 section three thousand twenty of this chapter. Such contracts may
46 include pay for performance plans using a value added assessment system
47 of student performance.
48 § 14. Section 3004 of the education law is amended by adding two new
49 subdivisions 4 and 5 to read as follows:
50 4. a. The commissioner shall adopt regulations to establish alterna-
51 tive certification procedures for the issuance of teacher's and adminis-
52 trator's certificates to candidates who do not meet all the educational
53 requirements for a certificate but whose training and experience are the
54 substantial equivalent of such requirements and qualify such persons for
55 the duties of a teacher or school administrator. For purposes of this
56 section, any person making application for alternative certification
A. 2 14
1 shall be considered to have the substantial equivalent of any education
2 requirement if he or she has earned any post-baccalaureate degree in a
3 degree field related to the certification area for which he or she seeks
4 a teacher's certificate, or if he or she has attained a baccalaureate
5 degree in a degree field related to the certification area for which he
6 or she seeks a teacher's certificate and has at least five years of
7 documented satisfactory experience in a field related to the certif-
8 ication area for which he or she seeks a teacher's certificate. Indi-
9 viduals seeking alternative certification pursuant to this paragraph
10 shall be required to take and pass all the examinations required for
11 certification within two years of the date they are employed by a board
12 of education or board of cooperative educational services as a certified
13 employee.
14 b. The commissioner shall also adopt regulations to provide for alter-
15 native certification procedures for the issuance of an initial teaching
16 certificate to candidates who have attained a baccalaureate degree but
17 who do not meet all the educational requirements for an initial teaching
18 certificate. For purposes of this section, a person shall be considered
19 to have the substantial equivalent of any education requirement for the
20 receipt of an initial teaching certificate if he or she has attained a
21 baccalaureate degree and has achieved a passing grade on required state
22 exams for the receipt of an initial teaching certificate, provided that
23 any person receiving an initial certificate pursuant to this paragraph
24 shall have two years from the date they received such initial certif-
25 ication to achieve a passing grade on any required exam related to peda-
26 gogic methods.
27 c. School districts hiring teachers receiving alternative certif-
28 ication shall include in their comprehensive sound basic education plan
29 a section describing the pre-service and in-service training including
30 mentoring that will be provided to individuals receiving alternative
31 certification pursuant to this section, provided that nothing shall
32 prohibit the school district from providing such training through their
33 own professional development program or by contract with another entity.
34 5. The commissioner shall promulgate regulations to require that
35 school district administrators and supervisors receive time-limited
36 initial and professional teaching certificates and complete one hundred
37 seventy-five hours of continuing education to maintain such certif-
38 icates.
39 § 15. Subdivision 1 of section 101 of the general municipal law, as
40 amended by chapter 572 of the laws of 1964, is amended to read as
41 follows:
42 1. Every officer, board or agency of a political subdivision or of any
43 district therein, other than a school district or board of cooperative
44 educational services or a city contracting on behalf of a city school
45 district, charged with the duty of preparing specifications or awarding
46 or entering into contracts for the erection, construction, recon-
47 struction or alteration of buildings, when the entire cost of such work
48 shall exceed fifty thousand dollars, shall prepare separate specifica-
49 tions for the following three subdivisions of the work to be performed:
50 a. Plumbing and gas fitting;
51 b. Steam heating, hot water heating, ventilating and air conditioning
52 apparatus; and
53 c. Electric wiring and standard illuminating fixtures.
54 § 16. Section 11 of chapter 795 of the laws of 1967, amending the
55 education law and other laws relating to authorizing boards of cooper-
56 ative educational services to own and construct buildings, is REPEALED.
A. 2 15
1 § 17. Subdivision 11 of section 407-a of the education law, as added
2 by chapter 737 of the laws of 1988, is amended to read as follows:
3 11. Any contract undertaken or financed by the dormitory authority for
4 any construction, reconstruction, rehabilitation or improvement for any
5 special act school district shall comply with the provisions of
6 [sections one hundred one and] section one hundred three of the general
7 municipal law.
8 § 18. Subdivisions 1 and 2 of section 458 of the education law are
9 REPEALED.
10 § 19. Subdivision 3 of section 458 of the education law, as amended by
11 chapter 888 of the laws of 1970, paragraph a as amended by chapter 900
12 of the laws of 1973, is amended to read as follows:
13 [3. a.] 1. In addition to other bond or bonds, if any, required by law
14 for the completion of the school portion of a combined occupancy struc-
15 ture, or in the absence of any such requirement, the fund shall never-
16 theless require, prior to the approval of any lease or other agreement
17 providing for the construction, reconstruction, rehabilitation or
18 improvement of any combined occupancy structure, that the developer, if
19 other than the New York city housing authority, or general contractor,
20 furnish a bond guaranteeing prompt payment of moneys due to all persons
21 furnishing labor or materials to or for the person furnishing said bond
22 or to his or her subcontractors in the prosecution of the entire work
23 provided for in such lease or other agreement. Whenever the developer is
24 the New York city housing authority, it shall require each of its
25 contractors to furnish such bonds to said authority and fund with
26 respect to the work to be performed and materials supplied by such
27 contractor, and no separate or other payment bond shall be required to
28 be furnished to the fund. In those instances where the developer or
29 general contractor is an agency of the state or a public-benefit corpo-
30 ration created by an act of the state legislature and in instances where
31 said developer or general contractor or the guarantor of payment of the
32 construction costs of the non-school portion of the combined "occupancy
33 structure" is a public utility corporation or a bank, trust company or
34 savings bank as defined in section two of the banking law, or a national
35 bank having its office and principal place of business in this state, or
36 a subsidiary of such a bank or trust company of which at least eighty
37 (80%) percent of whose stock is owned by it, the said developer or
38 general contractor shall only be required to furnish said payment bond
39 with respect to the school portion of the combined occupancy structure.
40 In such instances, the said payment bond shall not be required by the
41 fund with respect to the non-school portion of the combined occupancy
42 structure, but, in lieu thereof, such fund shall require said agency,
43 public benefit corporation, public utility corporation or banking insti-
44 tution, as the case may be to guarantee payment of all construction
45 costs with respect to the non-school portion of the combined occupancy
46 structure.
47 [b.] 2. A copy of such payment bond shall be kept in the office of the
48 chairman of the fund and a copy shall also be kept in the office of the
49 board of education; such copies shall be open to public inspection.
50 [c.] 3. Every person who has furnished labor or material, to or for
51 the developer or contractor furnishing such payment bond or to his or
52 her subcontractors in the prosecution of the work provided for in the
53 lease or other agreement for which said bond is furnished and who has
54 not been paid in full therefor before the expiration of a period of
55 ninety days after the day on which the last of the labor was performed
56 or material was furnished by him or her for which the claim is made,
A. 2 16
1 shall have the right to sue on such payment bond in his or her own name
2 for the amount, or the balance thereof, unpaid at the time of commence-
3 ment of the action; provided, however, that a person having a direct
4 contractual relationship with a subcontractor of the developer or
5 contractor furnishing the payment bond but no contractual relationship
6 express or implied with such developer or contractor shall not have a
7 right of action upon the bond unless he or she shall have given written
8 notice to such developer or contractor furnishing the bond within ninety
9 days from the date on which the last of the labor was performed or the
10 last of the material was furnished, for which his or her claim is made,
11 stating with substantial accuracy the amount claimed and the name of the
12 party to whom the material was furnished or for whom the labor was
13 performed. The notice shall be served by delivering the same personally
14 to the developer or contractor furnishing said bond or by mailing the
15 same by registered mail, postage prepaid, in an envelope addressed to
16 such developer or contractor at any place where he or she maintains an
17 office or conducts his or her business or at his or her residence.
18 § 20. Subdivisions 1 and 2 of section 482 of the education law are
19 REPEALED.
20 § 21. Subdivision 3 of section 482 of the education law, as added by
21 chapter 931 of the laws of 1971, is amended to read as follows:
22 [3. a.] 1. In addition to other bond or bonds, if any, required by law
23 for the completion of the school portion of a combined occupancy struc-
24 ture, or in the absence of any such requirement, the fund shall never-
25 theless require, prior to the approval of any lease or other agreement
26 providing for the construction, reconstruction, rehabilitation or
27 improvement of any combined occupancy structure, that the developer, if
28 other than the Yonkers city housing authority, or general contractor,
29 furnish a bond guaranteeing prompt payment of moneys due to all persons
30 furnishing labor or materials to or for the person furnishing said bond
31 or to his subcontractors in the prosecution of the entire work provided
32 for in such lease or other agreement. Whenever the developer is the
33 Yonkers city housing authority, it shall require each of its contractors
34 to furnish such bond to said authority and fund with respect to the work
35 to be performed and materials supplied by such contractor, and no sepa-
36 rate or other payment bond shall be required to be furnished to the
37 fund.
38 [b.] 2. A copy of such payment bond shall be kept in the office of the
39 chairman of the fund and a copy shall also be kept in the office of the
40 board of education; such copies shall be open to public inspection.
41 [c.] 3. Every person who has furnished labor or material, to or for
42 the developer or general contractor or contractor furnishing such
43 payment bond or to his or her subcontractors in the prosecution of the
44 work provided for in the lease or other agreement for which the bond is
45 furnished and who has not been paid in full therefor before the expira-
46 tion of a period of ninety days after the day on which the last of the
47 labor was performed or material was furnished by him or her for which
48 the claim is made, shall have the right to sue on such payment bond in
49 his or her own name for the amount, or the balance thereof, unpaid at
50 the time of commencement of the action; provided, however, that a person
51 having a direct contractual relationship with a subcontractor of the
52 developer or contractor furnishing the payment bond but no contractual
53 relationship express or implied with such developer or contractor shall
54 not have a right of action upon the bond unless he or she shall have
55 given written notice to such developer or contractor furnishing the bond
56 within ninety days from the date on which the last of the labor was
A. 2 17
1 performed or the last of the material was furnished, for which his or
2 her claim is made, stating with substantial accuracy the amount claimed
3 and the name of the party to whom the material was furnished or for whom
4 the labor was performed. The notice shall be served by delivering the
5 same personally to the developer or contractor furnishing said bond or
6 by mailing the same by registered mail, postage prepaid, in an envelope
7 addressed to such developer or contractor at any place where he or she
8 maintains an office or conducts his or her business or at his or her
9 residence.
10 § 22. Paragraph b of subdivision 1 of section 1734 and subdivisions 1
11 and 3 of section 1735 of the public authorities law are REPEALED.
12 § 23. Subdivision 2 of section 2502 of the education law, as amended
13 by chapter 698 of the laws of 1989, is amended to read as follows:
14 2. Each board of education shall consist of five, seven or nine
15 members, to be known as members of the board of education. In the city
16 of Albany, such board shall consist of seven voting members; and in the
17 city of Rensselaer, such board shall consist of five members; subject,
18 however, to any increase or decrease of the number of voting members of
19 such board as provided pursuant to the provisions of paragraph a of
20 subdivision four of this section. [Members] Notwithstanding any other
21 provision of law to the contrary, in the city of Albany the mayor, or
22 his designee, shall serve as an additional ex officio non-voting member
23 of the board of education, provided that the provisions of subdivisions
24 three, four, six, seven, eight and nine of this section shall not apply
25 to such ex officio position and such position shall not be counted in
26 determining a quorum for the transaction of business. Voting members
27 of such board shall be elected by the qualified voters at large of the
28 school district at annual school elections, under the provisions of
29 article fifty-three of this chapter except in the city school district
30 of the city of Albany; provided, however, each board of education may
31 upon its own motion, and shall upon a written petition, subscribed by
32 not less than five hundred qualified voters of the district, cause to be
33 submitted at the annual school election a proposition to consider each
34 vacancy upon the board of education a separate specific office requiring
35 a separate petition to nominate a candidate to each separate office in
36 accordance with the provisions of article fifty-three of this chapter.
37 § 24. Section 2552 of the education law, as amended by chapter 138 of
38 the laws of 1974, is amended to read as follows:
39 § 2552. Board of education. The board of education of each such city
40 school district is hereby continued. The educational affairs in each
41 such city school district shall be under the general management and
42 control of a board of education to consist of not less than three and
43 not more than [nine] eleven members, to be chosen as hereinafter
44 provided, and to be known as members of the board of education, except
45 that the board of education of the city school district of the city of
46 New York shall be constituted as provided in article fifty-two-A of this
47 chapter. The number of members on the board of education of each such
48 city school district shall continue to be as follows:
49 a. City school district of the city of Buffalo: [nine] eleven members,
50 two of which shall be appointed by the mayor.
51 b. City school district of the city of Rochester: [seven] nine
52 members, two of which shall be appointed by the mayor.
53 c. City school district of the city of Syracuse: [seven] nine members,
54 two of which shall be appointed by the mayor.
55 d. City school district of the city of Yonkers: nine members.
A. 2 18
1 § 25. Section 2553 of the education law is amended by adding a new
2 subdivision 3-a to read as follows:
3 3-a. In the city school districts of the cities of Buffalo, Rochester
4 and Syracuse, the mayors of such cities shall appoint two residents to
5 the board of education. Each appointee shall serve for a term of four
6 years and may be removed by the mayor at any time during their term.
7 § 26. Subdivision 32 of section 305 of the education law, as added by
8 section 1 of part H of chapter 83 of the laws of 2002, is amended to
9 read as follows:
10 32. a. On or before June first, two thousand three, the commissioner
11 shall complete a review of all applications, plans and reports required
12 of school districts or boards of cooperative educational services by the
13 department. This review shall be undertaken with a focus on streamlining
14 all programmatic reporting requirements with the aim of eliminating or
15 reducing excess reporting requirements and to determine the need for
16 continued annual submission of such documents. Upon completion of such
17 review, the commissioner shall submit his or her findings to the direc-
18 tor of the budget, the chair of the assembly ways and means committee
19 and the chair of the senate finance committee.
20 b. The commissioner shall, to the extent practicable and consistent
21 with federal and state law, eliminate or streamline programmatic report-
22 ing, planning and application requirements imposed on school districts
23 and boards of cooperative educational services, in order to eliminate or
24 minimize the production of reports, applications and plans that contain
25 duplicative information. The commissioner shall require all school
26 districts and boards of cooperative educational services to compress all
27 districtwide planning requirements into a single districtwide comprehen-
28 sive plan, which at a minimum shall include the components prescribed by
29 the commissioner, including but not limited to the districtwide long-
30 range capital facilities plan, and applicable current federal require-
31 ments. The commissioner shall also require all school districts and
32 boards of cooperative educational services to compress all building
33 level planning requirements into a single building level comprehensive
34 plan, which at a minimum shall include the components prescribed by the
35 commissioner, and applicable current federal requirements. It shall be
36 the duty of the trustees or board of education of every school district
37 and of the chancellor and each community district educational council in
38 the city school district of the city of New York and of every board of
39 cooperative educational services to assure that all components of the
40 districtwide comprehensive plan and each building level comprehensive
41 plan are as fully integrated and consistent as practicable, and that
42 such plans are continuously reviewed, reflect ongoing analyses of
43 current teaching and learning data, and are updated on at least an annu-
44 al basis. Notwithstanding any other provision of law, rule or regulation
45 to the contrary, any separate plan requirements imposed under this chap-
46 ter or any rule or regulation shall be deemed to be fulfilled by inclu-
47 sion of such plan in the comprehensive districtwide or building level
48 plan, provided that all required information is included in the applica-
49 ble comprehensive plan.
50 c. The commissioner shall require the trustees or board of education
51 of every school district and the chancellor and each community district
52 educational council in the city school district of the city of New York
53 and every board of cooperative educational services to make its
54 districtwide comprehensive plan and each building level comprehensive
55 plan available to the public, except where such plans contain informa-
56 tion that is confidential and not subject to disclosure under state or
A. 2 19
1 federal law. Notwithstanding any other provision of law, rule or regu-
2 lation to the contrary, any school district or board of cooperative
3 educational services that makes its comprehensive districtwide and/or
4 building level plans publicly available electronically through posting
5 on its website shall be deemed to have filed such plans with the depart-
6 ment as of the date of posting and shall not be required to separately
7 report the information contained in such plans to the department,
8 provided that such district or board of cooperative educational services
9 reports such posting to the department, with the web address at which
10 such plans are available, in the manner prescribed by the department,
11 and provided further that nothing herein shall preclude the department
12 from requiring the submission of additional information where it deter-
13 mines that the information in the comprehensive plans is not current or
14 complete or otherwise sufficient to meet statutory or regulatory
15 requirements.
16 § 27. Section 3020 of the education law is amended by adding a new
17 subdivision 5 to read as follows:
18 5. Notwithstanding any inconsistent provision of law, when a tenured
19 teacher receives an evaluation from the school district which documents
20 pedagogical incompetence, the district shall take the following steps
21 prior to bringing charges under section three thousand twenty-a of this
22 article. The district shall develop a ninety day plan in consultation
23 with the teacher and his or her collective bargaining unit to remediate
24 the problem. If after the remedial plan is completed, the tenured teach-
25 er's performance is still unsatisfactory as determined through an obser-
26 vation and written evaluation conducted following completion of the
27 ninety day remedial plan, the district may file charges of pedagogical
28 incompetence against the teacher and use the expedited procedure
29 described in subdivision six of section three thousand twenty-a of this
30 article.
31 § 28. Paragraphs (c) and (d) of subdivision 2, subparagraphs (ii) and
32 (iii) of paragraph b and subparagraphs (ii), (v) and (vi) of paragraph c
33 of subdivision 3 and paragraphs (a) and (b) of subdivision 4 of section
34 3020-a of the education law, as amended by chapter 691 of the laws of
35 1994, are amended and a new subdivision 6 is added to read as follows:
36 (c) Within [ten] five days of receipt of the statement of charges, the
37 employee shall notify the clerk or secretary of the employing board in
38 writing whether he or she desires a hearing on the charges and when the
39 charges concern pedagogical incompetence or issues involving pedagogical
40 judgment, his or her choice of either a single hearing officer or a
41 three member panel. All other charges shall be heard by a single hearing
42 officer.
43 (d) The unexcused failure of the employee to notify the clerk or
44 secretary of his or her desire for a hearing within [ten] five days of
45 the receipt of charges shall be deemed a waiver of the right to a hear-
46 ing. Where an employee requests a hearing in the manner provided for by
47 this section, the clerk or secretary of the board shall, within three
48 working days of receipt of the employee's notice or request for a hear-
49 ing, notify the commissioner of education of the need for a hearing. If
50 the employee waives his or her right to a hearing the employing board
51 shall proceed, within fifteen days, by a vote of a majority of all
52 members of such board, to determine the case and fix the penalty, if
53 any, to be imposed in accordance with subdivision four of this section.
54 (ii) Not later than [ten] five days after the date the commissioner
55 mails to the employing board and the employee the list of potential
56 hearing officers and biographies provided to the commissioner by the
A. 2 20
1 association, the employing board and the employee, individually or
2 through their agents or representatives, shall by mutual agreement
3 select a hearing officer from said list to conduct the hearing and shall
4 notify the commissioner of their selection.
5 (iii) If the employing board and the employee fail to agree on an
6 arbitrator to serve as a hearing officer from said list and so notify
7 the commissioner within [ten] five days after receiving the list from
8 the commissioner, the commissioner shall request the association to
9 appoint a hearing officer from said list.
10 (ii) The hearing officer selected to conduct a hearing under this
11 section shall, within ten [to fifteen] days of agreeing to serve as
12 such, hold a pre-hearing conference which shall be held in the school
13 district or county seat of the county, or any county, wherein the
14 employing school board is located. The pre-hearing conference shall be
15 limited in length to one day except that the hearing officer, in his or
16 her discretion, may allow one additional day for good cause shown.
17 (v) In the event that at the pre-hearing conference the employing
18 board presents evidence that the [professional] teaching certificate or
19 license of the employee has been revoked and all judicial and adminis-
20 trative remedies have been exhausted or foreclosed, the hearing officer
21 shall schedule the date, time and place for an expedited hearing, which
22 hearing shall commence not more than [seven] five days after the pre-
23 hearing conference and which shall be limited to one day. The expedited
24 hearing shall be held in the local school district or county seat of the
25 county or any county, wherein the said employing board is located. The
26 expedited hearing shall not be postponed except upon the request of a
27 party and then only for good cause as determined by the hearing officer.
28 At such hearing, each party shall have equal time in which to present
29 its case.
30 (vi) During the pre-hearing conference, the hearing officer shall
31 determine the reasonable amount of time necessary for a final hearing on
32 the charge or charges and shall schedule the location, time(s) and
33 date(s) for the final hearing. The final hearing shall be held in the
34 local school district or county seat of the county, or any county, wher-
35 ein the said employing school board is located. In the event that the
36 hearing officer determines that the nature of the case requires the
37 final hearing to last more than one day, the days that are scheduled for
38 the final hearing shall be consecutive. The day or days scheduled for
39 the final hearing shall not be postponed except upon the request of a
40 party and then only for good cause shown as determined by the hearing
41 officer. In all cases, the final hearing shall be completed no later
42 than [sixty] thirty days after the pre-hearing conference unless the
43 hearing officer determines that extraordinary circumstances warrant a
44 limited extension.
45 (a) The hearing officer shall render a written decision within [thir-
46 ty] fifteen days of the last day of the final hearing, or in the case of
47 an expedited hearing within [ten] two days of such expedited hearing,
48 and shall forthwith forward a copy thereof to the commissioner of educa-
49 tion who shall immediately forward copies of the decision to the employ-
50 ee and to the clerk or secretary of the employing board. The written
51 decision shall include the hearing officer's findings of fact on each
52 charge, his or her conclusions with regard to each charge based on said
53 findings and shall state what penalty or other action, if any, shall be
54 taken by the employing board. At the request of the employee, in deter-
55 mining what, if any, penalty or other action shall be imposed, the hear-
56 ing officer shall consider the extent to which the employing board made
A. 2 21
1 efforts towards correcting the behavior of the employee which resulted
2 in charges being brought under this section through means including but
3 not limited to: remediation, peer intervention or an employee assistance
4 plan. In those cases where a penalty is imposed, such penalty may be a
5 written reprimand, a fine, suspension for a fixed time without pay, or
6 dismissal. In addition to or in lieu of the aforementioned penalties,
7 the hearing officer, where he or she deems appropriate, may impose upon
8 the employee remedial action including but not limited to leaves of
9 absence with or without pay, continuing education and/or study, a
10 requirement that the employee seek counseling or medical treatment or
11 that the employee engage in any other remedial or combination of remedi-
12 al actions.
13 (b) Within [fifteen] ten days of receipt of the hearing officer's
14 decision the employing board shall implement the decision. If the
15 employee is acquitted he or she shall be restored to his or her position
16 with full pay for any period of suspension without pay and the charges
17 expunged from the employment record. If an employee who was convicted of
18 a felony crime specified in paragraph (b) of subdivision two of this
19 section, has said conviction reversed, the employee, upon application,
20 shall be entitled to have his pay and other emoluments restored, for the
21 period from the date of his suspension to the date of the decision.
22 6. Alternative procedure for pedagogical incompetence. Notwithstand-
23 ing any inconsistent provision of law, when a tenured teacher is charged
24 with pedagogical incompetence in accordance with the procedures
25 described in subdivision four of section three thousand twenty of this
26 article, the following alternative hearing procedure shall be followed.
27 Within thirty days of the unsatisfactory observation and written evalu-
28 ation following the completion of the ninety day remedial plan, the
29 district shall notify the tenured teacher of the charges based on the
30 evaluation. At the same time the district shall request a list of hear-
31 ing officers from the commissioner in accordance with subdivision three
32 of this section. Such list shall contain names of hearing officers who
33 would be available to complete the hearing and issue a decision within
34 sixty days of the filing of charges. Within five days of the notifica-
35 tion of charges the teacher shall notify the district whether he or she
36 is requesting a hearing. If the teacher requests a hearing, the teacher
37 and school district shall agree on a hearing officer from the list
38 provided by the commissioner within five days of receipt of the list. If
39 a hearing officer is not agreed to within five days, the commissioner
40 shall select a hearing officer from the list. The commissioner shall
41 adopt regulations to ensure any hearing conducted in accordance with
42 this subdivision is completed within ninety days of the unsatisfactory
43 observation and written evaluation conducted following completion of the
44 remedial plan.
45 § 29. Section 305 of the education law is amended by adding a new
46 subdivision 25-a to read as follows:
47 25-a. a. The commissioner shall conduct an annual examination and
48 evaluation of the financial condition of each school district. Based on
49 this annual review, the commissioner shall conduct fiscal audits of
50 identified school districts determined to be in fiscal distress.
51 b. In conducting the audit, the commissioner shall gain access to all
52 backup financial, budgeting and accounting documentation and other data
53 for the current school year or any prior year that may be necessary to
54 verify, confirm and reconstruct all of the transactions engaged in by
55 affected school districts, including records of any state agency, board
56 of cooperative educational services, city or other municipality, public
A. 2 22
1 authority or any person or entity contracting with the district concern-
2 ing such transactions;
3 c. The audit shall assess the affected school district's current
4 financial accounting practices to ensure that they are consistent with
5 established standards, that they provide for adequate protections
6 against theft, embezzlement and other abuses, and that adequate systems
7 of internal controls are in place, including a system to ensure that any
8 filings required by the department for the payment of state or federal
9 funds are made in a timely manner;
10 d. In addition the audit shall assess the school district's budget
11 process and, where applicable, ensure that information provided to the
12 voters of the school district is accurate and complete and that the
13 board of education of the school district have not allowed public funds
14 to be used to influence the outcome of the budget vote in violation of
15 law;
16 e. Upon completion of the audit, the commissioner shall prepare a
17 preliminary audit report containing a detailed analysis of the current
18 financial status of the school district, including but not limited to:
19 (1) an overall evaluation of the financial practices of the school
20 district,
21 (2) a detailed financial statement providing an accounting of all of
22 the district's revenues and expenditures,
23 (3) a detailed analysis of the district's actual revenues or expendi-
24 tures as compared to its budgeted revenues and expenditures, and
25 (4) a statement by the commissioner that summarizes the findings and
26 recommendations of the auditors, explicitly states any findings regard-
27 ing the fiscal practices of the district that the auditors believe to be
28 in violation of, or could potentially violate state or federal law, rule
29 or regulation, or demonstrate negligence, incompetence or lack of train-
30 ing that create a substantial risk of violations of state or federal
31 laws, rules or regulations;
32 f. The commissioner shall immediately refer any findings of fraud,
33 abuse or other conduct constituting a crime that are uncovered in an
34 audit, as appropriate, to the attorney general, United States attorney
35 or district attorney having jurisdiction for appropriate action, togeth-
36 er with any documents supporting the auditors' findings;
37 g. Upon issuance of a final audit report, the commissioner shall
38 review any findings that may constitute grounds for removal of an indi-
39 vidual from office or action against the teaching certificate or profes-
40 sional license of an individual, or corrective action and take any
41 appropriate action;
42 h. The board of education shall conduct at least one public hearing on
43 the preliminary audit report. The board of education shall submit a
44 summary of the comments, suggestions and questions raised at the public
45 hearing;
46 i. After affording the board of education of the affected district the
47 opportunity to respond in writing, the commissioner shall make the
48 preliminary audit report and the district's response and the final audit
49 report available to the public upon request for a period of at least
50 three years.
51 § 30. Subdivision 3 of section 2116-a of the education law, as amended
52 by section 27 of part A of chapter 436 of the laws of 1997, is amended
53 to read as follows:
54 3. The school authorities of each school district, except those
55 employing fewer than eight teachers, but including the city school
56 districts of the cities of Buffalo and Rochester, shall obtain an annual
A. 2 23
1 audit of its records by an independent certified public accountant or an
2 independent public accountant. Every three years, the school authori-
3 ties shall obtain the annual audit of its records from a new independent
4 certified public accountant or an independent public accountant. Such
5 new accountant may not be affiliated with the same accounting firm that
6 conducted the previous audit. The board of education of the city school
7 district of the city of New York, districts of such city shall obtain an
8 annual audit by the comptroller of the city of New York, or by an inde-
9 pendent certified public accountant or an independent public accountant.
10 The boards of education of the community districts of such city school
11 district shall obtain an annual audit by the bureau of audit of the
12 board of education of the city school district of the city of New York
13 or by an independent certified public accountant or an independent
14 public accountant. A copy of the audit report in form prescribed by the
15 commissioner and certified by the accountant, or, in the city school
16 district of the city of New York or the community districts therein, by
17 the accountant, or the comptroller or bureau of audit, as the case may
18 be, shall be furnished to the commissioner on or before October first
19 following the end of the fiscal year audited, except that such report
20 shall be furnished to the commissioner on or before January first
21 following the end of the fiscal year audited for the city school
22 districts of the cities of Buffalo, Rochester, Syracuse, Yonkers, and
23 New York and for the community school districts of the city of New York.
24 § 31. Subdivision 1, paragraph a of subdivision 2-a and subdivision 4
25 of section 2022 of the education law, subdivision 1 as amended by
26 section 8 of part C of chapter 58 of the laws of 1998, paragraph a of
27 subdivision 2-a as added by section 3 of part A of chapter 60 of the
28 laws of 2000, and subdivision 4 as added by section 23 of part A of
29 chapter 436 of the laws of 1997, are amended to read as follows:
30 1. Notwithstanding any law, rule or regulation to the contrary, the
31 election of trustees or members of the board of education, [and] the
32 vote upon the appropriation of the necessary funds to meet the estimated
33 expenditures, and the vote upon a bond resolution, in any common school
34 district, union free school district, central school district or central
35 high school district shall be held at the annual meeting and election on
36 the third Tuesday in May, provided, however, that such election shall be
37 held on the second Tuesday in May if the commissioner at the request of
38 a local school board certifies no later than March first that such
39 election would conflict with religious observances. When such election
40 or vote is taken by recording the ayes and noes of the qualified voters
41 attending, a majority of the qualified voters present and voting, by a
42 hand or voice vote, may determine to take up the question of voting the
43 necessary funds to meet the estimated expenditures for a specific item
44 separately, and the qualified voters present and voting may increase the
45 amount of any estimated expenditures or reduce the same, except for
46 teachers' salaries, and the ordinary contingent expenses of the schools.
47 The sole trustee, board of trustees or board of education of every
48 common, union free, central or central high school district and every
49 city school district to which this article applies shall hold a budget
50 hearing not less than seven nor more than fourteen days prior to the
51 annual meeting and election or special district meeting at which a
52 school budget vote will occur, and shall prepare and present to the
53 voters at such budget hearing a proposed school district budget and a
54 proposed contingent budget for the ensuing school year.
55 a. Commencing with the proposed budget for the [two thousand one--two
56 thousand two] two thousand five--two thousand six school year, such
A. 2 24
1 notice shall also include [a description of how total spending and the
2 tax levy resulting from the proposed budget would compare with a
3 projected contingency budget adopted pursuant to section two thousand
4 twenty-three of this article, assuming that such contingency budget is
5 adopted on the same day as the vote on the proposed budget. Such compar-
6 ison shall be in total and by component (program, capital and adminis-
7 trative), and shall include a statement of the assumptions made in esti-
8 mating the projected contingency budget], in a form and manner
9 prescribed by the commissioner, a detailed list consisting of any and
10 all programs, initiatives and activities that are to be reduced, elimi-
11 nated or in any other way affected by the contingent budget proposal for
12 the ensuing school year. Such list shall be in an itemized format
13 detailing every course, program, curricular activity and extracurricular
14 activity by name, so as to portray an accurate depiction of the effects
15 a contingent budget will have on a school district. In addition, each
16 item listed shall have a dollar amount corresponding to it in order to
17 clearly depict the amount such reduction or elimination actually
18 decreases the total spending the initial budget proposes.
19 4. In the event that the original proposed budget is not approved by
20 the voters, the sole trustee, trustees or board of education may adopt a
21 final budget pursuant to subdivision five of this section or resubmit to
22 the voters the original or a revised budget. Such vote on the resubmit-
23 ted original or revised budget shall occur on the third Tuesday in June
24 provided, however, that such vote may be held on the second Tuesday in
25 June if the commissioner at the request of the local school board certi-
26 fies no later than June first that such vote would conflict with reli-
27 gious observances. Upon one defeat of such resubmitted budget, the sole
28 trustee, trustees or board of education shall adopt a final budget
29 pursuant to subdivision five of this section. Notwithstanding any other
30 provision of law to the contrary, the school district budget for any
31 school year, or any part of such budget or any propositions involving
32 the expenditure of money for such school year shall not be submitted for
33 a vote of the qualified voters more than twice.
34 § 32. Paragraph a of subdivision 7 of section 1608 of the education
35 law, as amended by section 4 of part H of chapter 83 of the laws of
36 2002, is amended and a new subdivision 4-a is added to read as follows:
37 a. Each year, commencing with the proposed budget for the two thou-
38 sand--two thousand one school year, the trustee or board of trustees
39 shall prepare a property tax report card, pursuant to regulations of the
40 commissioner, and shall make it publicly available by transmitting it to
41 local newspapers of general circulation, appending it to copies of the
42 proposed budget made publicly available as required by law, making it
43 available for distribution at the annual meeting, and otherwise dissem-
44 inating it as required by the commissioner. Such report card shall
45 include: (i) the amount of total spending and total estimated school tax
46 levy that would result from adoption of the proposed budget and the
47 percentage increase or decrease in total spending and total school tax
48 levy from the school district budget for the preceding school year;
49 [and] (ii) the projected enrollment growth for the school year for which
50 the budget is prepared, and the percentage change in enrollment from the
51 previous year; [and] (iii) the percentage increase in the consumer price
52 index, as defined in paragraph c of this subdivision; (iv) the amount of
53 unexpended surplus funds. For purposes of this paragraph, the term
54 "surplus funds" shall mean any and all operating funds in excess of two
55 percent of the current school year budget, regardless of the account in
56 which such funds are held; and (v) for the three preceding school years
A. 2 25
1 report card data providing a comparison of (1) change in the total
2 school tax levy and (2) the percentage increase in the consumer price
3 index over the same three year period.
4 4-a. The program component, capital component and the administrative
5 component shall be presented to the qualified voters in a single propo-
6 sition. There shall be no separate propositions for any expenditure
7 required to be included in the budget under subdivision four of this
8 section.
9 § 33. Paragraph a of subdivision 7 of section 1716 of the education
10 law, as amended by section 5 of part H of chapter 83 of the laws of
11 2002, is amended and a new subdivision 4-a is added to read as follows:
12 a. Each year, commencing with the proposed budget for the two thou-
13 sand--two thousand one school year, the board of education shall prepare
14 a property tax report card, pursuant to regulations of the commissioner,
15 and shall make it publicly available by transmitting it to local newspa-
16 pers of general circulation, appending it to copies of the proposed
17 budget made publicly available as required by law, making it available
18 for distribution at the annual meeting, and otherwise disseminating it
19 as required by the commissioner. Such report card shall include: (i) the
20 amount of total spending and total estimated school tax levy that would
21 result from adoption of the proposed budget and the percentage increase
22 or decrease in total spending and total school tax levy from the school
23 district budget for the preceding school year; [and] (ii) the projected
24 enrollment growth for the school year for which the budget is prepared,
25 and the percentage change in enrollment from the previous year; [and]
26 (iii) the percentage increase in the consumer price index, as defined in
27 paragraph c of this subdivision; (iv) the amount of unexpended surplus
28 funds. For purposes of this paragraph, the term "surplus funds" shall
29 mean any and all operating funds in excess of two percent of the current
30 school year budget, regardless of the account in which such funds are
31 held; and (v) for the three preceding school years report card data
32 providing a comparison of (1) the change in total school tax levy and
33 (2) the percentage increase in the consumer price index over the same
34 three year period.
35 4-a. The program component, capital component and the administrative
36 component shall be presented to the qualified voters in a single propo-
37 sition. There shall be no separate propositions for any expenditure
38 required to be included in the budget under subdivision four of this
39 section.
40 § 34. Subdivision 2-a of section 2022 of the education law is amended
41 by adding a new paragraph c to read as follows:
42 c. Commencing with the proposed budget for the two thousand five--two
43 thousand six school year, such notice shall also include a comparison
44 between the estimated percentage change in the total tax levy and the
45 full value tax rate from the preceding year's budget based upon the
46 proposed school budget and the percentage change in the total tax levy
47 and full value tax rate from the preceding year based upon the proposed
48 contingency budget.
49 § 35. Subdivision 7 of section 2601-a of the education law, as added
50 by chapter 474 of the laws of 1996, is amended and a new subdivision 3-a
51 is added to read as follows:
52 7. Each year, the board of education shall prepare a school district
53 report card, pursuant to regulations of the commissioner, and shall make
54 it publicly available by transmitting it to local newspapers of general
55 circulation, appending it to copies of the proposed budget made publicly
56 available as required by law, making it available for distribution at
A. 2 26
1 the annual meeting, and otherwise disseminating it as required by the
2 commissioner. Such report card shall include measures of the academic
3 performance of the school district, on a school by school basis, and
4 measures of the fiscal performance of the district, as prescribed by the
5 commissioner. Pursuant to regulations of the commissioner, the report
6 card shall also compare these measures to statewide averages for all
7 public schools, and statewide averages for public schools of comparable
8 wealth and need, developed by the commissioner. Such report card shall
9 include, at a minimum, any information on the school district regarding
10 pupil performance and expenditure per pupil required to be included in
11 the annual report by the regents to the governor and the legislature
12 pursuant to section two hundred fifteen-a of this chapter, the amount of
13 unexpended surplus funds; and any other information required by the
14 commissioner. For purposes of this subdivision, the term "surplus funds"
15 shall mean any and all operating funds in excess of two percent of the
16 current school year budget, regardless of the account in which such
17 funds are held. School districts (i) identified as having fifteen
18 percent or more of their students in special education, or (ii) which
19 have fifty percent or more of their students with disabilities in
20 special education programs or services sixty percent or more of the
21 school day in a general education building, or (iii) which have eight
22 percent or more of their students with disabilities in special education
23 programs in public or private separate educational settings shall indi-
24 cate on their school district report card their respective percentages
25 as defined in this paragraph and paragraphs (i) and (ii) of this subdi-
26 vision as compared to the statewide average.
27 3-a. The program component, capital component and the administrative
28 component shall be presented to the qualified voters in a single propo-
29 sition. There shall be no separate propositions for any expenditure
30 required to be included in the budget under subdivision four of this
31 section.
32 § 36. The education law is amended by adding a new section 141 to read
33 as follows:
34 § 141. Disclosure of violations. The commissioner shall require that
35 upon the finding that a school district has violated any provision of
36 this chapter or rules and regulations of the commissioner, notice of
37 such violation shall be publicized by transmitting a description of the
38 commissioner's findings to the voters in a separate mailing. Such sepa-
39 rate mailing shall be mailed before the annual budget hearing but not
40 more than twenty-five days prior to such hearing. Further, notice of and
41 a description of each violation shall be read into the record at the
42 next succeeding annual budget hearing.
43 § 37. The education law is amended by adding a new section 319 to read
44 as follows:
45 § 319. Protection of school employees who report information to the
46 office of educational accountability. Any school employee who in good
47 faith, believes, or has reasonable cause to believe, that the actions or
48 fiscal practices of a school district, or other local education agency
49 violates any local, state, federal law or rule and regulation, and
50 reports such information to the office of educational accountability, or
51 to law enforcement authorities, shall have immunity from any civil
52 liability that may arise from the making of such report, and no school
53 district, or employee thereof, charter school, or employee thereof, or
54 other local education agency, or employee thereof shall take, request,
55 or cause a retaliatory action against any such employee who makes such
56 report.
A. 2 27
1 § 38. The tax law is amended by adding a new section 1621 to read as
2 follows:
3 § 1621. Video lottery franchise gaming. a. The division is hereby
4 authorized to license, pursuant to rules and regulations to be promul-
5 gated by the division, the operation and conduct of a lottery to be
6 known as video lottery franchise gaming to be conducted at up to eight
7 venues throughout the state, each requiring a separate license. Licenses
8 shall be awarded by the division on a competitive basis and each
9 proposed video lottery franchise location shall be subject to the
10 approval of the division. Any entity, including but not limited to off
11 track betting corporations, which demonstrates to the satisfaction of
12 the division that it possesses the qualifications and expertise to oper-
13 ate video lottery franchise gaming shall be eligible to competitively
14 bid for one or more available licenses. Provided, however, that the
15 following geographic restrictions shall apply: (i) except as otherwise
16 authorized in this section, licenses may not be granted pursuant to this
17 section for locations within fifteen miles of any facility licensed
18 pursuant to section sixteen hundred seventeen-a of this article; (ii)
19 the operation of video lottery franchise gaming as authorized in this
20 section in the city of New York shall be permitted only in the counties
21 of New York south of 59th street, Kings and Richmond and at no more than
22 five locations; and (iii) licenses may not be granted pursuant to this
23 section for locations within the counties of Westchester, Rockland and
24 Putnam; provided, however, that any one or more of such geographic
25 restrictions may be waived by the division if any racetrack authorized
26 to conduct video lottery gaming pursuant to section sixteen hundred
27 seventeen-a of this article has not begun or is not scheduled to begin
28 operating video lottery gaming on or before April first, two thousand
29 five. Notwithstanding any inconsistent provision of law, video lottery
30 franchise gaming at each approved location pursuant to this section
31 shall be deemed an approved activity at such location under the relevant
32 city, county, town, or village land use or zoning ordinances, rules or
33 regulations. No entity operating video lottery franchise gaming pursuant
34 to this section may house such gaming activity in a structure deemed or
35 approved by the division as "temporary" for longer than eighteen months.
36 b. The division shall promulgate rules and regulations governing all
37 aspects of the operation and conduct of video lottery franchise gaming,
38 including but not limited to, the criteria for awarding such licens