Relates to contracts of excellence, library funding, reimbursement of school districts, apportionment of school aid, building aid, foundation aid base, apportionment of school aid and of current year approved expenditures for debt service, apportionment of transportation aid, academic enhancement aid, high tax aid, Medicaid reimbursement, gap elimination adjustment, small government assistance and maximum class size; relates to the former New York State Theatre Institute; transfers all the rights and property held by the former New York State Theatre Institute to the office of general services and authorizes the commissioner of general services to transfer all the property that was part of the former New York State Theatre Institute to the Sage Colleges; relates to capital facilities in support of the state university and community colleges; relates to procurement in support of the state and city universities; relates to state university health care facilities; authorizes the commissioner of the office of children and family services to close certain facilities and makes other decisions necessary for the cost-effective and efficient operation of facilities operated by the office; relates to funding and utilization of juvenile detention and funding for supervision and treatment services; relates to the use of surplus funds from the greater Catskills flood remediation program; relates to directing the office of children and family services to annually provide, to the legislative leaders and social services districts, a detailed report on the total cost and operating capacity of its juvenile facilities; relates to eligibility requirements for student financial aid; relates to the effectiveness of certain provisions of law; provides for the administration of certain funds and accounts related to the 2011-2012 budget; authorizes certain payments and transfers; relates to the school tax relief fund; relates to the issuance of revenue bonds; relates to mental health service facilities financing; relates to the effectiveness of certain provisions of law; relates to environmental infrastructure projects; relates to certificates of participation; relates to housing program bonds and notes; relates to the issuance of bonds by the dormitory authority and the New York state environmental facilities corporation; provides funding for certain community projects, relating to increasing such funding, relating to certain monetary transfers; relates to voting of directors of local government assistance corporation; relates to library construction; relates to community enhancement facilities projects; relates to the amount of bonds issued for community enhancement projects; relates to providing for the administration of certain funds and accounts related to the 2002-2003 budget; relates to bonds or notes; relates to the issuance of bonds by the dormitory authority and the New York state urban development corporation; relates to the aggregate principal amount; relates to financing economic development and regional initiatives and in relation to the issuance of bonds or notes for the purpose of funding project costs for regional economic development council initiatives, communities impacted by the closure of New York state prison and correctional facilities and other states' costs associated with such projects; relates to the effectiveness of certain provisions of law; and relates to governing operators of commercial motor vehicles and federal requirements for medical certification pertaining to such operators.
S2808B-2011 Actions
- Mar 31, 2011: SIGNED CHAP.58
- Mar 30, 2011: DELIVERED TO GOVERNOR
- Mar 30, 2011: returned to senate
- Mar 30, 2011: passed assembly
- Mar 30, 2011: message of necessity - 3 day message
- Mar 30, 2011: ordered to third reading rules cal.16
- Mar 30, 2011: substituted for a4008d
- Mar 30, 2011: referred to ways and means
- Mar 30, 2011: DELIVERED TO ASSEMBLY
- Mar 30, 2011: PASSED SENATE
- Mar 30, 2011: MESSAGE OF NECESSITY
- Mar 30, 2011: AMENDED ON THIRD READING (T) 2808D
- Mar 30, 2011: AMENDED ON THIRD READING (T) 294
- Mar 30, 2011: ORDERED TO THIRD READING CAL.294
- Mar 30, 2011: PRINT NUMBER 2808C
- Mar 30, 2011: AMEND (T) AND RECOMMIT TO FINANCE
- Mar 12, 2011: PRINT NUMBER 2808B
- Mar 12, 2011: AMEND (T) AND RECOMMIT TO FINANCE
- Feb 25, 2011: PRINT NUMBER 2808A
- Feb 25, 2011: AMEND (T) AND RECOMMIT TO FINANCE
- Feb 1, 2011: REFERRED TO FINANCE
S2808B-2011 Votes
VOTE: COMMITTEE VOTE:
- Finance
- Mar 30, 2011
Ayes (27): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Gianaris, Kruger, Montgomery, Oppenheimer, Stavisky, Stewart-Cousins
Ayes W/R (2): Dilan, Peralta
Nays (5): Diaz, Duane, Parker, Perkins, Rivera
VOTE: FLOOR VOTE:
- Mar 30, 2011
Ayes (49): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Valesky, Young, Zeldin
Nays (13): Adams, Diaz, Duane, Espaillat, Hassell-Thomps, Kennedy, Krueger, Parker, Peralta, Perkins, Rivera, Smith, Stewart-Cousin
S2808B-2011 Memo
BILL NUMBER:S2808B TITLE OF BILL: An act to amend the education law, in relation to contracts of excellence, library funding, reimbursement of school districts, apportionment of school aid, building aid, foundation aid base, apportionment of school aid and of current year approved expenditures for debt service, academic enhancement aid, high tax aid, Medicaid reimbursement, gap elimination adjustment, grants, and maximum class size; to amend the state finance law, in relation to base grant; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to apportionment and reimbursement; to amend chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government, chapter 386 of the laws of 1996 amending the education law relating to providing for a waiver allowing state aid in certain circumstances, chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts, chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to school aid and extending the expiration of certain provisions of such chapters; to amend the general municipal law, in relation to withdrawals from the employee accrued liability reserve fund, in relation to school bus driver training; in relation to the support of public libraries; to provide special apportionment for salary expenses; to provide special apportionment for public pension expenses; in relation to suballocation of certain education department accruals; in relation to purchases by the city school district of Rochester; and providing for the repeal of certain provisions upon expiration thereof (Part A); Intentionally omitted (Part A-1); to amend the education law, in relation to expenses for textbooks, school library materials, software programs and computer equipment; to amend the general municipal law and the education law, in relation to the funding of mandates; to amend the education law, in relation to the school paperwork elimination and reduction act of 2011; and to repeal certain provisions of the education law relating thereto; to amend the education law, in relation to the apportionment of public monies in reorganized school districts; and to amend the education law, in relation to grants for the math and science high schools program (Part B); to repeal article 9 of the arts and cultural affairs law relating to the New York state theatre institute corporation and section 97-u of state finance law relating to the New York state theatre institute corporation fund, and to establish procedures for the transfer and ownership of rights and real property currently held by the entity formerly referred to as the New York state theatre institute (Part C); to amend the education law and the state finance law, in relation to procurement in support of the state university; to amend the education law, in relation to operations of the state university construction fund; and to amend the civil service law and the education law, in relation to state university health care facilities (Part D); to amend the education law, in relation to tuition assistance program award determinations (Part E); Intentionally omitted (Part F); to amend the education law, in relation to restrictions on eligibility to receive awards and loans; and to repeal certain provisions of such law relating thereto (Part G); to amend the education law, in relation to tuition assistance program awards (Part H); to amend the education law, in relation to good academic standing requirements (Part I); to amend the education law, in relation to tuition assistance program awards for graduate school students; and to repeal certain provisions of such law relating thereto (Part J); to amend chapter 31 of the laws of 1985, amending the education law relating to regents scholarships in certain professions, in relation to the physician loan forgiveness program (Part K); to amend chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, in relation to the effectiveness thereof (Part L); to amend chapter 161 of the laws of 2005, amending the education law and other laws relating to the social worker loan forgiveness program, in relation to the effectiveness thereof (Part M); to amend the real property tax law and the tax law, in relation to containing the cost of the STAR program and allowing the renunciation of STAR and other property tax exemptions (Part N); to amend the education law, in relation to maintenance costs for students with disabilities placed in a residential school under article 89 of the education law; and to amend the social services law, in relation to expenditures by social services districts for children in residential schools (Part O); Intentionally omitted (Part P); Intentionally omitted (Subpart A); and to amend the executive law, the family court act and the county law, in relation to funding and utilization of juvenile detention (Subpart B) (Part Q); to amend the social services law, in relation to the fee charged for clearances from the statewide central register of child abuse or maltreatment (Part R); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons (Part S); to amend the social services law, in relation to sanctions imposed for noncompliance with public assistance work requirements; and to repeal certain provisions of such law relating thereto and providing for the repeal of such provisions upon expiration thereof (Part T); to amend the social services law, in relation to adjusting the needs standards for determining eligibility for assistance (Part U); Intentionally omitted (Part V); to amend chapter 62 of the laws of 2003 amending the state finance law and other laws relating to authorizing and directing the state comptroller to loan money to certain funds and accounts, in relation to extending the interest assessment surcharge fund (Part W); to amend the education law, in relation to eligibility requirements for student financial aid and to amend the education law, in relation to annual apportionment amounts received by the state university (Part X); to amend the education law, in relation to authorizing a five percent increase in tuition paid by out-of-state residents attending the state university of New York (Part Y); to amend the social services law, in relation to agreements pertaining to the authorization of kinship guardian assistance payments (Part Z); to amend the family court act and the executive law, in relation to placement of respondents with the office of children and family services (Part AA); to amend the executive law, in relation to requiring the office of children and family services to provide weekly reports on youth detention centers (Part BB); to amend the social services law, in relation to households receiving monthly grants of public assistance (Part CC); to amend the social services law, in relation to providing for a personal needs allowance (Part DD); to amend the education law, in relation to annual professional performance reviews of classroom teachers and building principals and in relation to retaining quality teachers and teachers in shortage subject areas when teaching positions are eliminated in city school districts of cities having one million or more inhabitants; and to repeal certain provisions of such law relating thereto (Part EE); to amend part NN of chapter 57 of the laws of 2008 relating to authorizing the New York state mortgage agency to transfer certain moneys, in relation to the use of surplus funds from the greater Catskills flood remediation program (Part FF); to amend the social services law, in relation to consolidating toll free human services hotlines (Part GG); Intentionally omitted (Part HH); to amend the education law, in relation to tuition and self-supporting revenues of the state university; and providing for the repeal of such provisions upon expiration thereof (Part II); and to amend the executive law, in relation to requiring a report on the cost and operating capacity at the office of children and family services and providing for adjustment of reimbursement rates (Part JJ) SUMMARY: The Senate concurs with the Executive's proposals in ELFA BILL S.2808 with the following modifications: Part C - Eliminate the statutory authorization for the New York State Theatre Institute and provide for the transfer of its rights and property to the Office of General Services. The Senate concurs with the Executive proposal to transfer all property to the Office of General Services. The Senate would additionally like to explore a venture with Russell Sage College, to continue to use some of the existing properties of the former New York State Theatre Institute. Part D - Enhance flexibility for SUNY and CUNY in the areas of procurement and participation in public-private partnerships. The Senate amends !he Executive's proposal to enhance flexibility for SUNY and CUNY in the areas of procurement and participation in public-private partnerships by limiting procurement to procurement of goods and construction related services for SUNY and rejects portions dealing with procurement for CUNY and participation in public-private partnerships. Part E - Reduce the maximum TAP award for students matriculated in certain two-year degree programs to $4,000. The Senate concurs with the Executive's proposal to reduce the maximum TAP award for students matriculated in certain two-year degree programs to $4,000. Part F - Include pension and annuity income for Tuition Assistance Program eligibility determinations Intentionally Omitted. The Senate rejects the Executive's proposal to include pension and annuity income for tuition assistance eligibility determinations. Part G - Amend the eligibility requirements for the Tuition Assistance Program (TAP) related to students in default on certain student loans. The Senate concurs with the Executive's proposal to amend the eligibility requirements for TAP as it relates to students in default on certain student loans. Part H - Continue Tuition Assistance Award (TAP) schedule for students who are married with no children. The Senate concurs with the Executive's proposal to continue the TAP award schedule for students who are married with no children. Part I - Increase academic standards for non-remedial Tuition Assistance Program (TAP) recipients. The Senate concurs with the Executive's proposal to increase academic standards for nonremedial TAP recipients, but adds clarifying language that students who qualify remain subject to all other academic standards. Part J - Eliminate Tuition Assistance Program (TAP) eligibility for graduate students. The Senate concurs with the Executive's proposal to eliminate TAP eligibility for graduate students. Part K - Extend the Regents Physician Loan Forgiveness Program until the end of the 2015-16 school year. The Senate concurs with the Executive's proposal to extend the Regents Physician Loan Forgiveness Program until the end of the 2015-2016 academic year. Part L - Extend Patricia K. McGee Nursing Faculty Scholarship and the Nursing Faculty Loan Forgiveness Incentive programs until June 30, 2016. The Senate concurs with the Executive's proposal to extend the Patricia K. McGee Nursing Faculty Scholarship and Nursing Faculty Loan Forgiveness Incentive Programs until 2016. Part M - Extend the Regents Licensed Social Worker Loan Forgiveness Program until June 30, 2016. The Senate concurs with the Executive's proposal to extend the Regents Licensed Social Worker Loan Forgiveness Program until June 30, 2016. Part N - Establish STAR Program Cost Containment Measures. Part 0 - Better align Committee on Special Education (CSE) maintenance cost shares. The Senate amends the Executive's proposal to eliminate the State share of reimbursement for Committee on Special Education maintenance costs by reducing the State's share from 36.8 percent to 28.4 percent and increasing the school districts' share from 20 percent to 28.4 percent. The local share would remain unchanged at 43.2 percent. The Senate restores $53.2 million. Part P - Establish the Primary Prevention Incentive Program. The Senate denies the Executive's proposal to establish a Primary Prevention Incentive Program. Part Q - Establish Juvenile Justice reforms. The Senate amends the Executive's proposal to reform juvenile justice as follows: o Denies the proposal to eliminate the 12-month notification requirement, however would notwithstand the closure requirement to reduce capacity from 1,209 to 833 and to achieve $21.8 million in savings in SFY 2011-12. o Denies the proposal to create a Supervision and Treatment Services for Juveniles program, however would allow for 50 percent reimbursement for alternative to detention and residential placement programs within the $72 million uncapped detention services appropriation. o Denies the proposal to cap detention on July 1,2011. The Senate restores $33.8 million. o Denies the proposal to eliminate the placement of Persons in Need of Supervision (PINS) in detention. o Amends the Executive proposal to create a risk assessment tool linked to reimbursement by requiring localities to implement a risk assessment tool for the purposes of making a determination, however would reject the proposal to provide reimbursement for detention for only high-risk youth. Part R - Modify the fee structure for Statewide Central Registry (SCR) clearance checks. The Senate amends the Executive's proposal to increase and implement a $60 fee for providing background checks within the Statewide Central Registry (SCR) by reducing the proposed fee increase to an individual to $25 for their first background after April 1, 2011 and $5 for any subsequent checks thereafter. OCFS would be required to implement the use of an identifying factor, such as a social security number or date of birth, when investigating child protective service claims and when performing searches within the SCR effective April 1, 2011. The Senate restores $7.6 million. Part S - Authorize the pass-through of any Federal Social Security Income (SSI) Cost of Living Adjustment which becomes effective on or after January 1, 2012. The Senate concurs with the Executive's proposal to authorize the federal Supplemental Security Income (SSI) cost of living adjustment pass-through. Part T - Strengthen compliance with Public Assistance Work Requirements. The Senate concurs with the Executive's proposal implement full-family sanctions an individuals' second instance of non-compliance with work requirements. Part U - Delay the scheduled Public Assistance Grant increase. The Senate amends the Executive proposal to delay the third public assistance grant increase to July of 2012 by reducing the current basic allowance amount to SFY 2009-10 levels. The remaining two 10 percent increases would be rescheduled for July of 2012 and July of 2013, respectively. This action creates additional State savings totaling $29.3 million in SFY 2011-12. Part V - Consolidate the Neighborhood Preservation Program and Rural Preservation Program into a single, competitive, performance-based program. The Senate rejects the Executive's proposal to merge these two programs into a single program. Part W - Make permanent the Unemployment Insurance (UI) Interest Assessment Surcharge. Part X - Amends eligibility requirements for TAP with respect to federally-recognized institutions; apportions tuition payments received by the State University. The Senate advances legislation expanding TAP eligibility to students attending certain institutions not under the State Education Department's direct supervision. The Senate also proposes to allow the state university to retain seventy-five percent of any tuition increase for the two thousand twelve-two thousand thirteen academic year, and one hundred percent of any tuition increase for all academic years thereafter. Part Y - Authorizes a five percent increase in tuition paid by out-of-state residents attending the state university of New York. The Senate advances legislation authorizing the state university to increase tuition for out of state residents and authorizes the state university to retain the proceeds of any increased tuition. Part Z - Allows localities to create kinship guardian assistance programs. The Senate advances legislation that would provide municipalities with permissive language to effectuate the Subsidized Kinship Guardianship Program on April 1 , 2011 if the locality has the financial resources to provide payments. Part AA - Reforms the Office of Children and Family Services residential placement system. The Senate advances legislation to modify the structure of the OCFS-operated residential placement system. Effective April 1, 2012, OCFS would only operate secure and limited-secure residential placement facilities. All youth placed in non-secure facilities would be in the custody of his or her respective locality and would be placed within a local voluntary agency. In order to be stepped down from secure or limited secure to non-secure facilities, the youth would be required to go back to the family court judge for the purposes of changing custody. The Senate recommends an increase to the Foster Care Block Grant in SPY 2012-13 to mitigate the cost shift to municipalities. Part BB - Requires the Office of Children and Family Services to provide weekly reports on youth detention centers. The Senate advances legislation that would require OCFS to provide the Legislature with electronic weekly reports on the capacity of OCFS operated youth facilities and the number of youth who are in OCFS custody that are not residing in OCFS facilities. Part CC - Allows the computation of any public assistance grant to include any supplemental social security income. The Senate advances legislation that would recognize the presence of Supplemental Security Income (SSI) recipients when determining the grant level of a public assistance household. This proposal creates state savings totaling $15 million in SPY 2011-12. Part DD - Amends the personal needs allowance for residents of alcohol and substance abuse facilities. The Senate advances legislation that would reduce the personal Needs Allowance for Safety Net Assistance recipients residing in drug and alcohol residential facilities. This proposal creates State savings totaling $5 million in SPY 2011-12. Part EE - Reforms the annual professional performance review process for teachers, and allows for the retention of quality teachers when teaching positions are eliminated in school districts of cities having one million or more inhabitants. The Senate advances legislation to create default layoff mechanism in New York city in effect unless and until such time as the city of New York and its teachers union collectively bargain new layoff procedures. Decision-making based solely on seniority would be prohibited in any bargaining agreement. In addition, it will amend the Education Law in relation to teacher evaluation system. It will promote the creation of criteria for Annual Professional Performance Review. The establishment of the system will be expedited - it will be in place for the 2011-2012 school year. Part FF - Allows transfer of surplus funds from the Catskills flood remediation program. The Senate advances legislation to authorize the New York state mortgage agency to transfer certain moneys, in relation to the use of surplus funds from the greater Catskills flood remediation program. Part GG - Consolidates state funded 800 numbers into one consolidated access point, 211. The Senate advances legislation that would require the Office of the State Comptroller to conduct a study, in consultation with United Ways of New York, to determine which human services toll-free hotlines could be consolidated under 2-1-1. Further, the legislation would require all agencies operating a hotline recommended for elimination in the report to transfer the operating funds of such hotlines into the 2-1-1 system account. Part HH - Intentionally Omitted Part II - Alters the retention formula of State University of New York. The Senate advances legislation to require tuition and revenues transferred to SUNY through an new appropriation structure. This action removes the Executives authority to reduce support for SUNY operations without legislative action. Part JJ - Requires a report on the cost and operating capacity at the office of children and family services and providing for adjustment of reimbursement rates. The Senate advances legislation that would require the State to provide the Legislature and local social services districts with information pertaining to the per-diem rate determinations for children in OCFS placements, as well as to require the State to reconcile interim per-diem rates within one year of the end of the fiscal year during which the days were claimed for. JUSTIFICATION: This bill enacts into law major components of legislation which are necessary to implement the education, labor and family assistance budget for the 2011-2012 state fiscal year. EFFECTIVE DATE: As set forth in each component part.
S2808B-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
2808--B
I N SENATE
February 1, 2011
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read twice and ordered printed, and when printed
to be committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to contracts of excel-
lence, library funding, reimbursement of school districts, apportion-
ment of school aid, building aid, foundation aid base, apportionment
of school aid and of current year approved expenditures for debt
service, academic enhancement aid, high tax aid, Medicaid reimburse-
ment, gap elimination adjustment, grants, and maximum class size; to
amend the state finance law, in relation to base grant; to amend chap-
ter 756 of the laws of 1992 relating to funding a program for work
force education conducted by the consortium for worker education in
New York city, in relation to apportionment and reimbursement; to
amend chapter 169 of the laws of 1994 relating to certain provisions
related to the 1994-95 state operations, aid to localities, capital
projects and debt service budgets, chapter 82 of the laws of 1995,
amending the education law and certain other laws relating to state
aid to school districts and the appropriation of funds for the support
of government, chapter 386 of the laws of 1996 amending the education
law relating to providing for a waiver allowing state aid in certain
circumstances, chapter 472 of the laws of 1998 amending the education
law relating to the lease of school buses by school districts, chapter
147 of the laws of 2001 amending the education law relating to condi-
tional appointment of school district, charter school or BOCES employ-
ees, chapter 425 of the laws of 2002 amending the education law relat-
ing to the provision of supplemental educational services, attendance
at a safe public school and the suspension of pupils who bring a
firearm to or possess a firearm at a school, chapter 101 of the laws
of 2003 amending the education law relating to implementation of the
No Child Left Behind Act of 2001, in relation to school aid and
extending the expiration of certain provisions of such chapters; to
amend the general municipal law, in relation to withdrawals from the
employee accrued liability reserve fund, in relation to school bus
driver training; in relation to the support of public libraries; to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-04-1
S. 2808--B 2
provide special apportionment for salary expenses; to provide special
apportionment for public pension expenses; in relation to suballo-
cation of certain education department accruals; in relation to
purchases by the city school district of Rochester; and providing for
the repeal of certain provisions upon expiration thereof (Part A);
Intentionally omitted (Part A-1); to amend the education law, in
relation to expenses for textbooks, school library materials, software
programs and computer equipment; to amend the general municipal law
and the education law, in relation to the funding of mandates; to
amend the education law, in relation to the school paperwork elimi-
nation and reduction act of 2011; and to repeal certain provisions of
the education law relating thereto; to amend the education law, in
relation to the apportionment of public monies in reorganized school
districts; and to amend the education law, in relation to grants for
the math and science high schools program (Part B); to repeal article
9 of the arts and cultural affairs law relating to the New York state
theatre institute corporation and section 97-u of state finance law
relating to the New York state theatre institute corporation fund, and
to establish procedures for the transfer and ownership of rights and
real property currently held by the entity formerly referred to as the
New York state theatre institute (Part C); to amend the education law
and the state finance law, in relation to procurement in support of
the state university; to amend the education law, in relation to oper-
ations of the state university construction fund; and to amend the
civil service law and the education law, in relation to state univer-
sity health care facilities (Part D); to amend the education law, in
relation to tuition assistance program award determinations (Part E);
Intentionally omitted (Part F); to amend the education law, in
relation to restrictions on eligibility to receive awards and loans;
and to repeal certain provisions of such law relating thereto (Part
G); to amend the education law, in relation to tuition assistance
program awards (Part H); to amend the education law, in relation to
good academic standing requirements (Part I); to amend the education
law, in relation to tuition assistance program awards for graduate
school students; and to repeal certain provisions of such law relating
thereto (Part J); to amend chapter 31 of the laws of 1985, amending
the education law relating to regents scholarships in certain
professions, in relation to the physician loan forgiveness program
(Part K); to amend chapter 57 of the laws of 2005 amending the educa-
tion law relating to the New York state nursing faculty loan forgive-
ness incentive program and the New York state nursing faculty scholar-
ship program, in relation to the effectiveness thereof (Part L); to
amend chapter 161 of the laws of 2005, amending the education law and
other laws relating to the social worker loan forgiveness program, in
relation to the effectiveness thereof (Part M); to amend the real
property tax law and the tax law, in relation to containing the cost
of the STAR program and allowing the renunciation of STAR and other
property tax exemptions (Part N); to amend the education law, in
relation to maintenance costs for students with disabilities placed in
a residential school under article 89 of the education law; and to
amend the social services law, in relation to expenditures by social
services districts for children in residential schools (Part O);
Intentionally omitted (Part P); Intentionally omitted (Subpart A); and
to amend the executive law, the family court act and the county law,
in relation to funding and utilization of juvenile detention (Subpart
B) (Part Q); to amend the social services law, in relation to the fee
S. 2808--B 3
charged for clearances from the statewide central register of child
abuse or maltreatment (Part R); to amend the social services law, in
relation to increasing the standards of monthly need for aged, blind
and disabled persons (Part S); to amend the social services law, in
relation to sanctions imposed for noncompliance with public assistance
work requirements; and to repeal certain provisions of such law relat-
ing thereto and providing for the repeal of such provisions upon expi-
ration thereof (Part T); to amend the social services law, in relation
to adjusting the needs standards for determining eligibility for
assistance (Part U); Intentionally omitted (Part V); to amend chapter
62 of the laws of 2003 amending the state finance law and other laws
relating to authorizing and directing the state comptroller to loan
money to certain funds and accounts, in relation to extending the
interest assessment surcharge fund (Part W); to amend the education
law, in relation to eligibility requirements for student financial aid
and to amend the education law, in relation to annual apportionment
amounts received by the state university (Part X); to amend the educa-
tion law, in relation to authorizing a five percent increase in
tuition paid by out-of-state residents attending the state university
of New York (Part Y); to amend the social services law, in relation to
agreements pertaining to the authorization of kinship guardian assist-
ance payments (Part Z); to amend the family court act and the execu-
tive law, in relation to placement of respondents with the office of
children and family services (Part AA); to amend the executive law, in
relation to requiring the office of children and family services to
provide weekly reports on youth detention centers (Part BB); to amend
the social services law, in relation to households receiving monthly
grants of public assistance (Part CC); to amend the social services
law, in relation to providing for a personal needs allowance (Part
DD); to amend the education law, in relation to annual professional
performance reviews of classroom teachers and building principals and
in relation to retaining quality teachers and teachers in shortage
subject areas when teaching positions are eliminated in city school
districts of cities having one million or more inhabitants; and to
repeal certain provisions of such law relating thereto (Part EE); to
amend part NN of chapter 57 of the laws of 2008 relating to authoriz-
ing the New York state mortgage agency to transfer certain moneys, in
relation to the use of surplus funds from the greater Catskills flood
remediation program (Part FF); to amend the social services law, in
relation to consolidating toll free human services hotlines (Part GG);
Intentionally omitted (Part HH); to amend the education law, in
relation to tuition and self-supporting revenues of the state univer-
sity; and providing for the repeal of such provisions upon expiration
thereof (Part II); and to amend the executive law, in relation to
requiring a report on the cost and operating capacity at the office of
children and family services and providing for adjustment of
reimbursement rates (Part JJ)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through JJ. The effective date for each particular
S. 2808--B 4
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Intentionally omitted.
S 2. Subparagraph (vii) of paragraph a of subdivision 2 of section
211-d of the education law, as added by section 3 of part A of chapter
57 of the laws of 2009, is amended to read as follows:
(vii) (A) Notwithstanding any other provision of this section to the
contrary, a school district that submitted a contract for excellence for
the two thousand seven--two thousand eight school year and the two thou-
sand eight--two thousand nine school year and is required to submit a
contract for excellence for the two thousand nine--two thousand ten
school year but did not fully expend all of its two thousand seven--two
thousand eight foundation aid subject to the contract for excellence
restrictions during the two thousand seven--two thousand eight school
year may re-allocate and expend such unexpended funds during the two
thousand eight--two thousand nine and two thousand nine--two thousand
ten school years for allowable contract for excellence programs and
activities as defined in subdivision three of this section in a manner
prescribed by the commissioner. For purposes of determining maintenance
of effort pursuant to subparagraph (vi) of this paragraph for the two
thousand eight--two thousand nine school year, funds expended pursuant
to this subparagraph shall be included in the total budgeted amount
approved by the commissioner in the district's contract for excellence
for the two thousand seven--two thousand eight school year; provided
that such amount shall not be counted more than once in determining
maintenance of effort for the two thousand nine--two thousand ten school
year or thereafter.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR BUT DID NOT FULLY EXPEND
ALL OF ITS TWO THOUSAND NINE--TWO THOUSAND TEN FOUNDATION AID SUBJECT TO
THE CONTRACT FOR EXCELLENCE RESTRICTIONS DURING THE TWO THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR MAY RE-ALLOCATE AND EXPEND SUCH UNEX-
PENDED FUNDS DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR FOR ALLOWABLE CONTRACT FOR EXCELLENCE PROGRAMS AND ACTIVITIES AS
DEFINED IN SUBDIVISION THREE OF THIS SECTION IN A MANNER PRESCRIBED BY
THE COMMISSIONER.
S 3. Subdivision 12 of section 273 of the education law, as amended by
chapter 2 of the laws of 2011, is amended to read as follows:
12. The commissioner is hereby authorized to expend [in state fiscal
year two thousand six--two thousand seven three million dollars and in
state fiscal year two thousand seven--two thousand eight eight million
dollars and in state fiscal year two thousand eight--two thousand nine
seven million nine hundred forty thousand dollars and in state fiscal
year two thousand nine--two thousand ten eight million dollars and in
state fiscal year two thousand ten--two thousand eleven eight million
dollars subject to an appropriation] FUNDS ANNUALLY for formula grants
to public library systems, reference and research library resources
S. 2808--B 5
systems, and school library systems operating under an approved plan of
service. Such formula grants shall be provided for the period commencing
July first and ending on June thirtieth next following. Such formula
grants will be distributed in the following manner:
a. Each public library system established pursuant to sections two
hundred fifty-five and two hundred seventy-two of this part and operat-
ing under a plan approved by the commissioner is entitled to receive
ANNUALLY thirty-nine thousand dollars and an amount equal to ten and
ninety-four hundredths percent of the amount of state aid received for
the current year by such system under paragraphs a, c, d, e and n of
subdivision one of this section [for the two thousand ten--two thousand
eleven state fiscal year];
b. Each reference and research library resources system established
pursuant to section two hundred seventy-two of this part and operating
under a plan approved by the commissioner is entitled to receive ANNUAL-
LY thirty-nine thousand dollars and an amount equal to ten and ninety-
four hundredths percent of the amount of state aid received for the
current year under paragraph a of subdivision four of this section [for
the two thousand ten--two thousand eleven state fiscal year]; and
c. Each school library system established pursuant to section two
hundred eighty-two of this part and operating under a plan approved by
the commissioner is entitled to receive ANNUALLY thirty-nine thousand
dollars and an amount equal to ten and ninety-four hundredths percent of
the amount of state aid received for the current year by such system
under paragraphs a, b, c, d, e and f of subdivision one of section two
hundred eighty-four of this part [for the two thousand ten--two thousand
eleven state fiscal year].
S 4. Intentionally omitted.
S 5. Intentionally omitted.
S 6. Intentionally omitted.
S 7. Intentionally omitted.
S 8. Intentionally omitted.
S 9. Intentionally omitted.
S 10. Intentionally omitted.
S 11. Intentionally omitted.
S 12. Intentionally omitted.
S 13. Intentionally omitted.
S 14. Intentionally omitted.
S 15. Intentionally omitted.
S 16. Intentionally omitted.
S 17. Intentionally omitted.
S 18. Intentionally omitted.
S 19. Intentionally omitted.
S 20. Intentionally omitted.
S 21. Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 12 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
(a) The enrollment of students attending charter schools shall be
included in the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which the
pupil resides. The charter school shall report all such data to the
school districts of residence in a timely manner. Each school district
shall report such enrollment, attendance and count of students with
disabilities to the department. The school district of residence shall
pay directly to the charter school for each student enrolled in the
S. 2808--B 6
charter school who resides in the school district the charter school
basic tuition, which shall be:
(I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND TEN
SCHOOL YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
the amount calculated pursuant to paragraph f of subdivision one of
section thirty-six hundred two of this chapter for the school district
for the year prior to the base year increased by the percentage change
in the state total approved operating expense calculated pursuant to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year;
[provided, however, that]
(II) for the two thousand nine--two thousand ten school year, the
charter school basic tuition shall be the amount payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year[.];
(III) FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL
BASIC TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
S 22. Subdivision 1 of section 2856 of the education law, as separate-
ly amended by chapter 4 of the laws of 1998 and section 12 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
1. (A) The enrollment of students attending charter schools shall be
included in the enrollment, attendance and, if applicable, count of
students with disabilities of the school district in which the pupil
resides. The charter school shall report all such data to the school
districts of residence in a timely manner. Each school district shall
report such enrollment, attendance and count of students with disabili-
ties to the department. The school district of residence shall pay
directly to the charter school for each student enrolled in the charter
school who resides in the school district THE CHARTER SCHOOL BASIC
TUITION WHICH SHALL BE:
(I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND TEN
SCHOOL YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
the amount calculated pursuant to paragraph f of subdivision one of
section [thirty six] THIRTY-SIX hundred two of this chapter for the
school district for the year prior to the base year increased by the
percentage change in the state total approved operating expense calcu-
lated pursuant to [subdivision eleven] PARAGRAPH T OF SUBDIVISION ONE of
section [thirty six] THIRTY-SIX hundred two of this chapter from two
years prior to the base year to the base year; [provided, however, that]
(II) for the two thousand nine--two thousand ten school year, the
charter school basic tuition shall be the amount payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
(III) FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL
BASIC TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(B) The school district shall also pay directly to the charter school
any federal or state aid attributable to a student with a disability
attending charter school in proportion to the level of services for such
S. 2808--B 7
student with a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section to the contrary,
amounts payable pursuant to this subdivision may be reduced pursuant to
an agreement between the school and the charter entity set forth in the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning on the first business day of July and every two months thereafter.
Amounts payable under this subdivision shall be determined by the
commissioner. Amounts payable to a charter school in its first year of
operation shall be based on the projections of initial-year enrollment
set forth in the charter. Such projections shall be reconciled with the
actual enrollment at the end of the school's first year of operation,
and any necessary adjustments shall be made to payments during the
school's second year of operation.
S 23. Intentionally omitted.
S 24. Intentionally omitted.
S 25. Intentionally omitted.
S 26. The opening paragraph and paragraphs a, b and b-1 of subdivision
4 of section 3602 of the education law, the opening paragraph, subpara-
graph 1 of paragraph a and paragraphs b and b-1 as amended by section 13
of part A of chapter 57 of the laws of 2009, paragraph a as amended by
section 14 of part B of chapter 57 of the laws of 2008, are amended to
read as follows:
In addition to any other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected foundation
aid, which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand seven--
two thousand eight through two thousand eight--two thousand nine and
[two thousand eleven--two thousand twelve through] two thousand [twelve]
THIRTEEN--two thousand [thirteen] FOURTEEN THROUGH TWO THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN school years, no school district shall
receive total foundation aid in excess of the sum of the total founda-
tion aid base for aid payable in the two thousand seven--two thousand
eight school year computed pursuant to subparagraph (i) of paragraph j
of subdivision one of this section, plus the phase-in foundation
increase computed pursuant to paragraph b of this subdivision, and
provided further that total foundation aid shall not be less than the
product of the total foundation aid base computed pursuant to paragraph
j of subdivision one of this section and one hundred three percent, nor
more than the product of such total foundation aid base and one hundred
fifteen percent, and provided further that for the two thousand nine--
two thousand ten [and two thousand ten--two thousand eleven] THROUGH TWO
THOUSAND TWELVE--TWO THOUSAND THIRTEEN school years, each school
district shall receive total foundation aid in an amount equal to the
amount apportioned to such school district for the two thousand eight--
two thousand nine school year pursuant to this subdivision. Total aida-
ble foundation pupil units shall be calculated pursuant to paragraph g
of subdivision two of this section. For the purposes of calculating aid
pursuant to this subdivision, aid for the city school district of the
city of New York shall be calculated on a citywide basis.
a. Foundation formula aid. Foundation formula aid shall equal the
remainder when the expected minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index, and
S. 2808--B 8
the pupil need index, or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
(1) The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of special education and
general education in successful school districts, provided that the
foundation amount shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two thousand
eight--two thousand nine school year, for the purpose of such adjust-
ment, the percentage increase in the consumer price index shall be
deemed to be two and nine-tenths percent (0.029), and provided further
that the foundation amount for the two thousand seven--two thousand
eight school year shall be five thousand two hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand eight through [two thousand twelve--two thousand thirteen] TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years, [such] THE founda-
tion amount shall be further adjusted by the phase-in foundation percent
established pursuant to paragraph b of this subdivision.
(2) The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that require
similar credentials to those of positions in the education field, but
not including those occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
Labor Force Region Index
Capital District 1.124
Southern Tier 1.045
Western New York 1.091
Hudson Valley 1.314
Long Island/NYC 1.425
Finger Lakes 1.141
Central New York 1.103
Mohawk Valley 1.000
North Country 1.000
(3) The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one of this
section.
(4) The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of one minus the state sharing
ratio for total foundation aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with such provisions plus the
statewide average tax rate computed by the commissioner for the year
S. 2808--B 9
prior to the base year in accordance with such provisions, divided by
three, provided however that for the two thousand seven--two thousand
eight school year, such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such local tax factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index shall not be
more than ninety-five percent (0.95) for the two thousand eight--two
thousand nine school year. The selected actual valuation shall be calcu-
lated pursuant to paragraph c of subdivision one of this section. Total
wealth foundation pupil units shall be calculated pursuant to paragraph
h of subdivision two of this section.
b. Phase-in foundation increase. (1) The phase-in foundation increase
shall equal the product of the phase-in foundation increase factor
multiplied by the greater of (i) the positive difference, if any, of (A)
the product of the total aidable foundation pupil units multiplied by
the district's selected foundation aid less (B) the total foundation aid
base for aid payable in the two thousand seven--two thousand eight
school year computed pursuant to subparagraph (i) of paragraph j of
subdivision one of this section or (ii) the product of the phase-in
due-minimum percent multiplied by the total foundation aid base for aid
payable in the two thousand seven--two thousand eight school year
computed pursuant to subparagraph (i) of paragraph j of subdivision one
of this section.
(2) For the two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one hundred seven and sixty-
eight hundredths percent (1.0768), the phase-in foundation increase
factor shall equal twenty percent (0.20), and the phase-in due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
for the two thousand eight--two thousand nine school year, the phase-
in foundation percent shall equal one hundred five and twenty-six
hundredths percent (1.0526), the phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
for the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five tenths percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en and one-half percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255);
for the two thousand ten--two thousand eleven school year, the phase-
in foundation percent shall equal one hundred seven and sixty-eight
hundredths percent (1.0768), the phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
for the two thousand eleven--two thousand twelve school year, the
phase-in foundation percent shall equal [one hundred five and six
hundredths percent (1.0506)] ONE HUNDRED THIRTEEN AND FOURTEEN ONE
HUNDREDTHS PERCENT (1.1314), the phase-in foundation increase factor
shall equal [fifty-three and one-tenth percent (0.531)] THIRTY-SEVEN AND
ONE-HALF PERCENT (0.375), and the phase-in due-minimum percent shall
S. 2808--B 10
equal [twelve and fifty-five hundredths percent (0.1255)] NINETEEN AND
FORTY-ONE HUNDREDTHS PERCENT (0.1941); and
for the two thousand twelve--two thousand thirteen school year, the
phase-in foundation percent shall equal [one hundred two and five
hundredths percent (1.0250)] ONE HUNDRED TEN AND THIRTY-EIGHT HUNDREDTHS
PERCENT (1.1038), the phase-in foundation increase factor shall equal
[seventy-five percent (0.75)] THIRTY-SEVEN AND ONE-HALF PERCENT (0.375),
and the phase-in due-minimum percent shall equal [twelve and fifty-five
hundredths percent (0.1255)] NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT
(0.1941); AND
FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED SEVEN AND
SIXTY-EIGHT HUNDREDTHS PERCENT (1.0768), THE PHASE-IN FOUNDATION
INCREASE FACTOR SHALL EQUAL FORTY-FIVE AND ONE-HALF PERCENT (0.455), AND
THE PHASE-IN DUE-MINIMUM PERCENT SHALL EQUAL NINETEEN AND FORTY-ONE
HUNDREDTHS PERCENT (0.1941);
FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED FIVE AND SIX
HUNDREDTHS PERCENT (1.0506), THE PHASE-IN FOUNDATION INCREASE FACTOR
SHALL EQUAL SIXTY-ONE AND ONE-HALF PERCENT (0.615), AND THE PHASE-IN
DUE-MINIMUM PERCENT SHALL EQUAL NINETEEN AND FORTY-ONE HUNDREDTHS
PERCENT (0.1941); AND
FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED TWO AND FIVE TENTHS
PERCENT (1.0250), THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL
EIGHTY PERCENT (0.800), AND THE PHASE-IN DUE-MINIMUM PERCENT SHALL EQUAL
NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT (0.1941).
b-1. Notwithstanding any other provision of law to the contrary, for
the two thousand seven--two thousand eight through [two thousand thir-
teen--two thousand fourteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
school years, the additional amount payable to each school district
pursuant to this subdivision in the current year as total foundation
aid, after deducting the total foundation aid base, shall be deemed a
state grant in aid identified by the commissioner for general use for
purposes of sections seventeen hundred eighteen and two thousand twen-
ty-three of this chapter.
S 27. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 14 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten [and] THROUGH two
thousand [ten] TWELVE--two thousand [eleven] THIRTEEN school years, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten school year and entitled
"SA0910".
S 28. Intentionally omitted.
S 29. Clause (c) of subparagraph 1 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 3 of part A-3
of chapter 58 of the laws of 2006, is amended to read as follows:
S. 2808--B 11
(c) By the first day of September of the current year the comptroller
of the city of New York shall provide to the commissioner an analysis,
as prescribed by the commissioner, of the actual average interest rate
applied to all capital debt incurred by the city of New York AND THE NEW
YORK CITY TRANSITIONAL FINANCE AUTHORITY for school purposes [(or by the
New York city transitional finance authority for school purposes, if no
such capital debt is incurred by the city of New York)] during the base
year and of the estimated average interest rate applied to all capital
debt to be incurred by the city of New York AND THE NEW YORK CITY TRAN-
SITIONAL FINANCE AUTHORITY for school purposes [(or by the New York city
transitional finance authority for school purposes, if no such capital
debt is incurred by the city of New York)] during the current year. Upon
approval by the commissioner such actual average interest rate shall be
established as the interest rate applicable to the base year for the
purposes of this subparagraph and subparagraph two of this paragraph,
and such estimated average interest rate shall be tentatively estab-
lished as the interest rate applicable to the current year, except that
all apportionments of aid payable during the current year based on such
estimated average interest rate shall be recalculated in the following
year and adjusted as appropriate based on the appropriate actual average
interest rate then established by the commissioner.
S 30. Clause (d) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as added by section 55-a of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
(d) Notwithstanding any other law, rule or regulation to the contrary,
any interest rate calculated under this subdivision shall take into
account any federal subsidy payments made or to be made to the applica-
ble [issuer] SCHOOL DISTRICT OR AN ISSUER ON BEHALF OF THE SCHOOL
DISTRICT under the terms of a federally authorized debt instrument which
have the effect of reducing the actual interest costs incurred by [such
issuer] THE SCHOOL DISTRICT OR AN ISSUER ON BEHALF OF THE SCHOOL
DISTRICT over the life of such capital debt, irrespective of any federal
government right of set-off.
S 31. Paragraph e of subdivision 6 of section 3602 of the education
law is amended by adding a new subparagraph 8 to read as follows:
(8) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY,
WHERE, DURING THE PERIOD OF ASSUMED AMORTIZATION RELATING TO A PROJECT
FOR THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR
IMPROVEMENT OF A SCHOOL BUILDING, THE SCHOOL BUILDING IS SOLD OR OWNER-
SHIP IS OTHERWISE TRANSFERRED TO AN ENTITY OTHER THAN THE SCHOOL
DISTRICT OR CITY AND SUCH TRANSFER RESULTS IN THE BUILDING NO LONGER
BEING OPERATED BY THE SCHOOL DISTRICT AS A PUBLIC ELEMENTARY OR SECOND-
ARY SCHOOL THAT IS NOT INDEPENDENT OR AUTONOMOUS, THE DISTRICT SHALL,
WITHIN SIXTY DAYS OF THE TRANSFER OF OWNERSHIP, NOTIFY THE COMMISSIONER
OF SUCH SALE OR TRANSFER, AND SHALL PROVIDE SUCH ADDITIONAL INFORMATION
ABOUT THE SALE OR TRANSFER AS THE COMMISSIONER MAY REQUIRE, IN A FORM
PRESCRIBED BY THE COMMISSIONER, AND THE COMMISSIONER SHALL RE-COMPUTE
THE BUILDING AID, IF ANY, PAYABLE FOR SUCH PROJECT PURSUANT TO THIS
SUBPARAGRAPH, EXCEPT TO THE EXTENT SUCH RE-COMPUTATION WOULD CONFLICT
WITH THE PROVISIONS OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-TT OF
THE PUBLIC AUTHORITIES LAW. THE COMMISSIONER SHALL DEDUCT THE REVENUES
RECEIVED BY THE SCHOOL DISTRICT OR CITY AS A RESULT OF SUCH SALE OR
TRANSFER FROM THE APPROVED TOTAL PROJECT COST AND, BASED ON SUCH
ADJUSTED PROJECT COST, ESTABLISH A NEW ASSUMED AMORTIZATION FOR THE
REMAINING USEFUL LIFE OF THE PROJECT UNDER THE APPLICABLE PROVISIONS OF
THIS PARAGRAPH.
S. 2808--B 12
S 32. Intentionally omitted.
S 33. Intentionally omitted.
S 34. Intentionally omitted.
S 35. Subdivision 12 of section 3602 of the education law, as added by
section 19 of part B of chapter 57 of the laws of 2008, the closing
paragraph as added by section 18 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in need
of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this [act] ARTICLE, less (ii) the total foundation aid
base.
For the two thousand nine--two thousand ten [and] THROUGH two thousand
[ten] TWELVE--two thousand [eleven] THIRTEEN school years, each school
district shall be entitled to an apportionment equal to the amount set
forth for such school district as "EDUCATION GRANTS, ACADEMIC EN" under
the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing
produced by the commissioner in support of the budget for the two thou-
sand nine--two thousand ten school year and entitled "SA0910", and such
apportionment shall be deemed to satisfy the state obligation to provide
an apportionment pursuant to subdivision eight of section thirty-six
hundred forty-one of this article.
S 36. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 19 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten [and] THROUGH two thousand [ten] TWELVE--two thousand
[eleven] THIRTEEN school years in the amount set forth for such school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the school aid computer listing produced by the commissioner in support
of the budget for the two thousand nine--two thousand ten school year
and entitled "SA0910".
S 37. Intentionally omitted.
S 38. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
S. 2808--B 13
Notwithstanding any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the elec-
tronic data file produced by the commissioner in support of the two
thousand nine--two thousand ten education, labor and family assistance
budget, provided, however, that in the case of a district implementing
programs for the first time or implementing expansion programs in the
two thousand eight--two thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, FOR THE TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN SCHOOL YEARS, such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two thousand nine
school year, AND FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS EACH SCHOOL
DISTRICT SHALL BE ELIGIBLE FOR A MAXIMUM GRANT EQUAL TO THE AMOUNT SET
FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER THE
HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
FOR THE 2011-12 SCHOOL YEAR AND ENTITLED "BT111-2", and provided further
that the maximum grant shall not exceed the total actual grant expendi-
tures incurred by the school district in the current school year as
approved by the commissioner.
S 39. Intentionally omitted.
S 40. Intentionally omitted.
S 41. Intentionally omitted.
S 42. Clause (iii) of subparagraph 3 of paragraph b of subdivision 1
of section 3609-a of the education law, as amended by section 32 of part
B of chapter 57 of the laws of 2007, is amended to read as follows:
(iii) Determining final payment for the state fiscal year. Prior to
transmitting the March payment to the state comptroller, based on
current year, base year and prior school year state aid payments made or
scheduled to be made from the general support for public schools appro-
priations for the state fiscal year ending March thirty-first, the
commissioner shall determine the extent to which the amount designated
for June pursuant to clause (vi) of subparagraph two of this paragraph,
as adjusted in accordance with clause (ii) of this subparagraph, net of
any disallowances, would need to be advanced and paid on or before March
thirty-first in order to use the remainder of such appropriations,
EXCLUDING AMOUNTS ASSIGNED TO THE DEPARTMENT OF HEALTH PURSUANT TO
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-B OF THIS ARTICLE, on
or before March thirty-first, or to the extent to which the amount
designated for March would need to be proportionally reduced so as not
to exceed such state fiscal year appropriations. The commissioner shall
report the amount of money required to be advanced or deferred and the
percent it represents of the June or March amounts, as the case may be,
to the director of the budget, the chairperson of the senate finance
committee and the chairperson of the assembly ways and means committee.
To the extent that moneys are advanced or deferred pursuant to this
paragraph, they shall be in the same proportion as each school
district's share bears to the total of such June or March amount. Upon
S. 2808--B 14
approval of the director of the budget, the commissioner shall transmit
the schedule of any such partial June prepayments or such reduced March
payments to the state comptroller. Any portion of the March payment
deferred shall be added to the June payment; any portion of the June
payment advanced shall be paid on or before March thirty-first.
S 43. Subparagraph 4 of paragraph b of subdivision 1 of section 3609-a
of the education law, as amended by section 25 of part A of chapter 57
of the laws of 2009, is amended to read as follows:
(4) State share of medicaid reimbursements. For the purposes of this
subparagraph, FOR AID PAYABLE IN THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR, the first reporting period shall run from May first
of the base year through January thirty-first of the current year, and
the second reporting period shall run from February first of the current
year through [April thirtieth] MARCH THIRTY-FIRST of the current year.
FOR AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR AND THEREAFTER, THE FIRST REPORTING PERIOD SHALL RUN FROM APRIL
FIRST OF THE BASE YEAR THROUGH DECEMBER THIRTY-FIRST OF THE CURRENT
YEAR, AND THE SECOND REPORTING PERIOD SHALL RUN FROM JANUARY FIRST OF
THE CURRENT YEAR THROUGH MARCH THIRTY-FIRST OF THE CURRENT YEAR.
Notwithstanding any inconsistent provisions of law to the contrary, the
sustaining advance payment due any school district pursuant to clause
(ii) of subparagraph three of this paragraph in March shall be reduced
by fifty percent of any federal participation during the first reporting
period pursuant to title XIX of the social security act, in special
education programs provided pursuant to article eighty-nine of this
chapter for services provided on or before June thirtieth, two thousand
nine; the June payment due any school district pursuant to clause (v) of
subparagraph three of this paragraph shall be reduced by fifty percent
of any federal participation during the second reporting period for
services provided on or before June thirtieth, two thousand nine. Not
later than ten days after the end of [a] THE FIRST reporting period
ENDING ON JANUARY THIRTY-FIRST, TWO THOUSAND ELEVEN, NOT LATER THAN
FORTY-ONE DAYS AFTER EACH FIRST REPORTING PERIOD THEREAFTER AND NOT
LATER THAN FORTY DAYS AFTER THE END OF EACH SECOND REPORTING PERIOD, the
commissioner of health, as the authorized fiscal agent of the state
education department, shall certify to the commissioner and the director
of the budget the total amount of such federal moneys paid to a school
district for such services during such reporting period. Following each
cycle payment, the commissioner of health shall report to the commis-
sioner the aggregate amount of such federal medicaid payments to each
school district. The commissioner shall recoup such amounts first, to
the extent possible, from the specified payment, then by withholding any
other moneys due the school district and finally by direct billing to
any school district still owing moneys to the state. All moneys withheld
or paid to the state on account of this paragraph shall be credited by
the comptroller to the local assistance account for general support for
public schools.
S 44. Intentionally omitted.
S 45. Paragraphs a and a-1 of subdivision 1 of section 3609-b of the
education law, paragraph a as amended by section 26 and paragraph a-1 as
added by section 27 of part A of chapter 57 of the laws of 2009, are
amended to read as follows:
a. Any moneys to be apportioned by the commissioner to school
districts during the school year pursuant to this section for services
provided on or before June thirtieth, two thousand nine THAT WERE REIM-
BURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN shall,
S. 2808--B 15
in the first instance, be designated as the state share of moneys due a
school district pursuant to title XIX of the social security act, on
account of school supportive health services provided to students with
disabilities in special education programs pursuant to article eighty-
nine of this chapter and to those pupils who are qualified handicapped
persons as defined in the federal rehabilitation act of nineteen hundred
seventy-three, as amended. Some or all of such state share may be
assigned on behalf of school districts to the department of health, as
provided herein; any remaining state share moneys shall be paid to
school districts on the same schedule as the federal share of such title
XIX payments and shall be based on the monthly report of the commission-
er of health to the commissioner; and any remaining moneys to be appor-
tioned to a school district pursuant to this section shall be paid in
accordance with the provisions of subdivision two of this section. The
amount to be assigned to the department of health, as determined by the
commissioner of health, for any school district shall not exceed the
federal share of any moneys due such school district pursuant to title
XIX. Moneys designated as state share moneys shall be paid to such
school districts based on the submission and approval of claims related
to such school supportive health services, in the manner provided by
law.
a-1. Any moneys to be apportioned by the commissioner to school
districts during the school year pursuant to this section for services
provided during the two thousand nine--two thousand ten school year and
thereafter, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL YEAR THAT WERE
NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEV-
EN, shall, in the first instance, be designated as the state share of
moneys due a school district pursuant to title XIX of the social securi-
ty act, on account of school supportive health services provided to
students with disabilities in special education programs pursuant to
article eighty-nine of this chapter and to those pupils who are quali-
fied handicapped persons as defined in the federal rehabilitation act of
nineteen hundred seventy-three, as amended. Such state share shall be
assigned on behalf of school districts to the department of health, as
provided herein; the amount designated as such nonfederal share shall be
transferred by the commissioner to the department of health based on the
monthly report of the commissioner of health to the commissioner; and
any remaining moneys to be apportioned to a school district pursuant to
this section shall be paid in accordance with the provisions of subdivi-
sion two of this section. The amount to be assigned to the department of
health, as determined by the commissioner of health, for any school
district shall not exceed the federal share of any moneys due such
school district pursuant to title XIX. Moneys designated as state share
moneys shall be paid to such school districts by the department of
health based on the submission and approval of claims related to such
school supportive health services, in the manner provided by law.
S 46. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by chapter 2 of the laws of 2011, is amended to read as
follows:
b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
school district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
S. 2808--B 16
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section. Notwithstand-
ing any other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any recruitment, retention and certification
costs associated with transitional certification of teacher candidates
for the school years two thousand one--two thousand two through [two
thousand ten--two thousand eleven] TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE.
S 47. Intentionally omitted.
S 48. Intentionally omitted.
S 49. Intentionally omitted.
S 50. Intentionally omitted.
S 51. Intentionally omitted.
S 52. Intentionally omitted.
S 53. Intentionally omitted.
S 54. Intentionally omitted.
S 55. Intentionally omitted.
S 56. Intentionally omitted.
S 57. Intentionally omitted.
S 58. Subdivision 6 of section 4402 of the education law, as amended
by chapter 2 of the laws of 2011, is amended to read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [eleven] TWELVE of the [two
thousand ten--two thousand eleven] TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE school year, be authorized to increase class sizes in special
classes containing students with disabilities whose age ranges are
equivalent to those of students in middle and secondary schools as
defined by the commissioner for purposes of this section by up to but
not to exceed one and two tenths times the applicable maximum class size
specified in regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school district having a popu-
lation of one million or more, classes that have a maximum class size of
fifteen may be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum specified
in the applicable regulation, provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization shall be
granted upon filing of a notice by such a board of education with the
commissioner stating the board's intention to increase such class sizes
and a certification that the board will conduct a study of attendance
problems at the secondary level and will implement a corrective action
plan to increase the rate of attendance of students in such classes to
at least the rate for students attending regular education classes in
secondary schools of the district. Such corrective action plan shall be
S. 2808--B 17
submitted for approval by the commissioner by a date during the school
year in which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the commissioner. Upon at least
thirty days notice to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to termi-
nate such authorization upon a finding that the board has failed to
develop or implement an approved corrective action plan.
S 59. Intentionally omitted.
S 60. Intentionally omitted.
S 61. Intentionally omitted.
S 62. Intentionally omitted.
S 63. Clause (b) of subparagraph (iii) of paragraph b of subdivision
11 of section 4410 of the education law, as amended by chapter 205 of
the laws of 2009, is amended to read as follows:
(b) Any moneys due municipalities pursuant to this paragraph for
services provided during the two thousand nine--two thousand ten school
year and thereafter, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL YEAR
THAT WERE NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO
THOUSAND ELEVEN, shall, in the first instance, be designated as the
state share of moneys due a municipality pursuant to title XIX of the
social security act, on account of school supportive health services
provided to preschool students with disabilities pursuant to this
section. Such state share shall be assigned on behalf of municipalities
to the department of health, as provided herein; the amount designated
as such nonfederal share shall be transferred by the commissioner to the
department of health based on the monthly report of the commissioner of
health to the commissioner; and any remaining moneys to be apportioned
to a municipality pursuant to this section shall be paid in accordance
with this section. The amount to be assigned to the department of
health, as determined by the commissioner of health, for any munici-
pality shall not exceed the federal share of any moneys due such munici-
pality pursuant to title XIX of the social security act. Moneys desig-
nated as state share moneys shall be paid to such municipality by the
department of health based on the submission and approval of claims
related to such school supportive health services, in the manner
provided by law.
S 64. Subparagraph 4 of paragraph b of subdivision 4 of section 92-c
of the state finance law, as amended by section 46 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
(4) each eligible school district shall be entitled to an additional
lottery grant equal to the result of multiplying the district's total
aidable FOUNDATION pupil units for the base year COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ACT by:
Base Grant x (1 + aid ratio)
Where, the base grant shall equal the sum of the net total available
moneys after making payments pursuant to subparagraphs (1), (2), (2-a)
and (3) above, plus an amount from the general support for public
schools-- general fund local assistance account equal to the June
lottery payment, divided by the total aidable FOUNDATION pupil units of
the state and where the Aid Ratio is equal to one minus the pupil wealth
ratio of the district as such term is defined in section thirty-six
S. 2808--B 18
hundred two of the education law. In no case shall a school district aid
ratio exceed one (1) or be less than minus one (-1).
S 65. Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
41 of part A of chapter 57 of the laws of 2009, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2006-07 school year shall not exceed 64.7
percent of the lesser of such approvable costs per contact hour or nine
dollars and twenty-five cents per contact hour where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult, reimbursement for the 2007-08 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or nine
dollars and ninety cents per contact hour where a contact hour repres-
ents sixty minutes of instruction services provided to an eligible
adult], reimbursement for the 2008-09 school year shall not exceed 62.8
percent of the lesser of such approvable costs per contact hour or ten
dollars and sixty-five cents per contact hour [where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult and], reimbursement for the 2009-10 school year shall not exceed
64.1 percent of the lesser of such approvable costs per contact hour or
eleven dollars and fifty cents per contact hour [where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult], REIMBURSEMENT FOR THE 2010-11 SCHOOL YEAR SHALL NOT EXCEED 62.6
PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
TWELVE DOLLARS AND FIVE CENTS PER CONTACT HOUR AND REIMBURSEMENT FOR THE
2011-12 SCHOOL YEAR SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER OF SUCH
APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND FIFTEEN CENTS
PER CONTACT HOUR, WHERE A CONTACT HOUR REPRESENTS SIXTY MINUTES OF
INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT.
Notwithstanding any other provision of law to the contrary, [for the
2006-07 school year such contact hours shall not exceed one million nine
hundred twenty-three thousand seventy-six (1,923,076) hours; whereas for
the 2007-08 school year such contact hours shall not exceed one million
eight hundred thirty-seven thousand sixty (1,837,060) hours; whereas]
for the 2008-09 school year such contact hours shall not exceed one
million nine hundred forty-six thousand one hundred seven (1,946,107)
hours; whereas for the 2009-10 school year such contact hours shall not
exceed one million seven hundred sixty-three thousand nine hundred seven
(1,763,907) hours; WHEREAS FOR THE 2010-11 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE
HUNDRED NINETY-EIGHT (1,525,198) HOURS; WHEREAS FOR THE 2011-12 SCHOOL
YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SEVEN HUNDRED ONE
THOUSAND FIVE HUNDRED SEVENTY (1,701,570) HOURS.
Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
S 66. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion p to read as follows:
S. 2808--B 19
P. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2011-2012 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
S 67. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by chapter 2 of the laws
of 2011, is amended to read as follows:
S 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2011] 2012.
S 68. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by chapter 2 of the laws of 2011, is amended to read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty[,] AND twenty-two [and twenty-three] of this act shall expire and
be deemed repealed on March 31, [2012] 2013.
S 69. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws relating to
state aid to school districts and the appropriation of funds for the
support of government, as amended by chapter 2 of the laws of 2011, are
amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2011] 2012 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be deemed to be
repealed on and after July 1, [2011] 2012;
S 70. Section 2 of chapter 386 of the laws of 1996, amending the
education law relating to providing for a waiver allowing state aid in
certain circumstances, as amended by chapter 2 of the laws of 2011, is
amended to read as follows:
S 2. This act shall take effect immediately, provided that the
provisions of this act shall be deemed to have been in full force and
effect on and after January 1, 1996[, and provided, further that this
act shall be deemed repealed on and after January 1, 2015].
S 71. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion law relating to the lease of school buses by school districts, as
S. 2808--B 20
amended by section 46 of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
S 7. This act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2011] 2013.
S 72. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by chapter 2 of the laws
of 2011, is amended to read as follows:
S 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2011] 2012 when
upon such date the provisions of this act shall be deemed repealed.
S 73. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by chapter 2 of the laws of 2011, is amended to read as follows:
S 4. This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2011] 2012.
S 74. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by chapter 2 of the laws of 2011, is amended to read
as follows:
S 5. This act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, [2011] 2012.
S 75. Intentionally omitted.
S 76. Intentionally omitted.
S 77. Intentionally omitted.
S 78. Intentionally omitted.
S 79. Intentionally omitted.
S 80. Intentionally omitted.
S 81. Section 6-p of the general municipal law is amended by adding a
new subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERN-
ING BOARD OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES MAY, DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR, AUTHORIZE A WITHDRAWAL FROM THIS FUND IN AN AMOUNT NOT TO EXCEED
THE DOLLAR VALUE OF EXCESS FUNDING IN THE FUND AS DETERMINED AND CERTI-
FIED BY THE GOVERNING BOARD. FUNDS WITHDRAWN PURSUANT TO THIS SUBDIVI-
SION MAY ONLY BE USED FOR THE PURPOSE OF MAINTAINING EDUCATIONAL
PROGRAMMING DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR. GOVERNING BOARDS WHICH MAKE SUCH A WITHDRAWAL SHALL SUBMIT, IN A
FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION, RELEVANT INFORMATION
ABOUT THE WITHDRAWAL, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE
AMOUNT OF SUCH WITHDRAWAL, THE DATE OF WITHDRAWAL, AND THE USE OF SUCH
WITHDRAWN FUNDS. SUCH FUNDS WITHDRAWN BY BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES SHALL BE RETURNED TO ITS COMPONENT DISTRICTS IN A MANNER
PRESCRIBED BY THE COMMISSIONER OF EDUCATION.
S 82. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2011-2012 school year, the commissioner of education shall allocate
school bus driver training grants to school districts and boards of
cooperative education services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes of this section. Such
S. 2808--B 21
payments shall not exceed four hundred thousand dollars ($400,000) per
school year.
S 83. Support of public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2011 enacting
the local assistance budget shall be apportioned for the 2011--12 state
fiscal year in accordance with the provisions of sections 271, 272, 273,
282, 284, and 285 of the education law as amended by the provisions of
this chapter and the provisions of this section, provided that library
construction aid pursuant to section 273-a of the education law shall
not be payable from the appropriations for the support of public
libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2011--2012
by a chapter of the laws of 2011 enacting the local assistance budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
S 84. Special apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June, 2012 and not later than the last day of the third full
business week of June, 2012, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this section, for the school
year ending June 30, 2012, for salary expenses incurred between April 1
and June 30, 2012 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of 1990-91 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census plus (iv) the net gap elimination
adjustment for 2010-2011, as determined by the commissioner of education
pursuant to paragraph e of subdivision 1 of section 3609-a of the educa-
tion law as in effect through June 30, 2011, and provided further that
such apportionment shall not exceed such salary expenses. Such applica-
tion shall be made by a school district, after the board of education or
trustees have adopted a resolution to do so and in the case of a city
school district in a city with a population in excess of 125,000 inhab-
itants, with the approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
S. 2808--B 22
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
S 85. Special apportionment for public pension accruals. a. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2012, a school district eligi-
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2012 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004-05 and 2005-06 school years associated with chang-
es for such public pension liabilities. The amount of such additional
accrual shall be certified to the commissioner of education by the pres-
ident of the board of education or the trustees or, in the case of a
city school district in a city with a population in excess of 125,000
inhabitants, the mayor of such city. Such application shall be made by a
school district, after the board of education or trustees have adopted a
resolution to do so and in the case of a city school district in a city
with a population in excess of 125,000 inhabitants, with the approval of
the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
S. 2808--B 23
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
S 86. a. Notwithstanding any other law, rule or regulation to the
contrary, any moneys appropriated to the state education department may
be suballocated to other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
b. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from the general
fund/aid to localities, local assistance account-001, shall be for
payment of financial assistance, as scheduled, net of disallowances,
refunds, reimbursement and credits.
c. Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
d. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department for general
support for public schools may be interchanged with any other item of
appropriation for general support for public schools within the general
fund local assistance account office of prekindergarten through grade
twelve education program.
S 87. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2011-12 school year, as a non-component school
district, services required by article 19 of the education law.
S 88. The amounts specified in this section shall be a setaside from
the state funds which each such district is receiving from the total
foundation aid:
a. for the purpose of the development, maintenance or expansion of
magnet schools or magnet school programs for the two thousand eleven--
two thousand twelve school year. To the city school district of the city
of New York there shall be paid forty-eight million one hundred seven-
ty-five thousand dollars ($48,175,000) including five hundred thousand
dollars ($500,000) for the Andrew Jackson High School; to the Buffalo
city school district, twenty-one million twenty-five thousand dollars
($21,025,000); to the Rochester city school district, fifteen million
dollars ($15,000,000); to the Syracuse city school district, thirteen
million dollars ($13,000,000); to the Yonkers city school district,
S. 2808--B 24
forty-nine million five hundred thousand dollars, ($49,500,000); to the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); to the Poughkeepsie city school district, two
million four hundred seventy-five thousand dollars ($2,475,000); to the
Mount Vernon city school district, two million dollars ($2,000,000); to
the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); to the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); to the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); to the White Plains city school district, nine
hundred thousand dollars ($900,000); to the Niagara Falls city school
district, six hundred thousand dollars ($600,000); to the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); to the Utica city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the Middletown city school district,
four hundred thousand dollars ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh central school district, three hundred thousand dollars
($300,000); to the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the Peekskill city school district, two
hundred thousand dollars ($200,000); and to the Hudson city school
district, four hundred thousand dollars ($400,000).
b. notwithstanding the provisions of paragraph a of this subdivision,
a school district receiving a grant pursuant to this subdivision may use
such grant funds for: (i) any instructional or instructional support
costs associated with the operation of a magnet school; or (ii) any
instructional or instructional support costs associated with implementa-
tion of an alternative approach to reduction of racial isolation and/or
enhancement of the instructional program and raising of standards in
elementary and secondary schools of school districts having substantial
concentrations of minority students. The commissioner of education shall
not be authorized to withhold magnet grant funds from a school district
that used such funds in accordance with this paragraph, notwithstanding
any inconsistency with a request for proposals issued by such commis-
sioner.
c. for the purpose of attendance improvement and dropout prevention
for the two thousand eleven--two thousand twelve school year, for any
city school district in a city having a population of more than one
million, the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year. For the two thousand
eleven--two thousand twelve school year, it is further provided that any
city school district in a city having a population of more than one
million shall allocate at least one-third of any increase from base year
levels in funds set aside pursuant to the requirements of this subdivi-
sion to community-based organizations. Any increase required pursuant to
this subdivision to community-based organizations must be in addition to
allocations provided to community-based organizations in the base year.
d. for the purpose of teacher support for the two thousand eleven--two
thousand twelve school year: to the city school district of the city of
New York, sixty-two million seven hundred seven thousand dollars
($62,707,000); to the Buffalo city school district, one million seven
hundred forty-one thousand dollars ($1,741,000); to the Rochester city
school district, one million seventy-six thousand dollars ($1,076,000);
to the Yonkers city school district, one million one hundred forty-seven
thousand dollars ($1,147,000); and to the Syracuse city school district,
S. 2808--B 25
eight hundred nine thousand dollars ($809,000). All funds made available
to a school district pursuant to this subdivision shall be distributed
among teachers including prekindergarten teachers and teachers of adult
vocational and academic subjects in accordance with this subdivision and
shall be in addition to salaries heretofore or hereafter negotiated or
made available; provided, however, that all funds distributed pursuant
to this section for the current year shall be deemed to incorporate all
funds distributed pursuant to former subdivision 27 of section 3602 of
the education law for prior years. In school districts where the teach-
ers are represented by certified or recognized employee organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and procedures of article 14 of the civil service law, notwithstanding
the existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
S 89. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
S 90. This act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after April 1, 2011, provided,
however, that:
1. sections seventy-two through seventy-four of this act shall take
effect immediately and shall be deemed to have been in full force and
effect on and after June 30, 2011;
2. sections two, three, sixty-five and sixty-six of this act shall
take effect immediately and shall be deemed to have been in full force
and effect on and after July 1, 2010;
3. sections twenty-six, twenty-seven, thirty-five, thirty-six, thir-
ty-eight, forty-two through forty-four, forty-six, fifty-eight, sixty-
four, eighty-two, eighty-seven and eighty-eight of this act shall take
effect July 1, 2011;
4. section sixty-seven of this act shall take effect immediately, and
shall be deemed to have been in full force and effect on and after the
effective date of section 85 of part H of chapter 83 of the laws of
2002;
5. section sixty-eight of this act shall be deemed to have been in
full force and effect on and after the effective date of section 101 of
chapter 436 of the laws of 1997;
6. section sixty-nine of this act shall take effect immediately, and
shall be deemed to have been in full force and effect as of the effec-
tive date of section 140 of chapter 82 of the laws of 1995;
7. section seventy of this act shall take effect immediately and shall
be deemed to have been in full force and effect on and after January 1,
2011;
8. section eighty-six of this act shall take effect immediately, and
shall be deemed to have been in full force and effect on and after April
1, 2010 and shall be deemed repealed on March 31, 2012;
S. 2808--B 26
9. the amendment to section 2856 of the education law made by section
twenty-one of this act shall not affect the expiration and reversion of
such subdivision and shall be deemed to expire therewith when upon such
date the provisions of section twenty-two of this act shall take effect;
10. notwithstanding the provisions of article 5 of the general
construction law, the provisions of subdivision 6 of section 4402 of the
education law, as amended by section fifty-eight of this act, are hereby
revived and shall continue in full force and effect as such provisions
existed on July 1, 2011; provided that the amendments to such subdivi-
sion 6 shall not affect the repeal of such subdivision;
11. the amendments to chapter 756 of the laws of 1992 relating to
funding a program for work force education conducted by the consortium
for worker education in New York city made by sections sixty-five and
sixty-six of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith;
12. notwithstanding the provisions of article 5 of the general
construction law, the provisions of section 4 of chapter 425 of the laws
of 2002 amending the education law relating to the provision of supple-
mental educational services, attendance at a safe public school and the
suspension of pupils who bring a firearm at a school, as amended by
section seventy-three of this act are hereby revived and shall continue
in full force and effect as such provisions existed on June 30, 2011;
and
13. notwithstanding the provisions of article 5 of the general
construction law, the provisions of section 5 of chapter 101 of the laws
of 2003 amending the education law relating to implementation of the No
Child Left Behind Act of 2001, as amended by section seventy-four of
this act are hereby revived and shall continue in full force and effect
as such provisions existed on June 30, 2011.
PART A-1
Intentionally omitted.
PART B
Section 1. Subdivision 2 of section 701 of the education law, as
amended by section 8 of part L of chapter 405 of the laws of 1999, is
amended to read as follows:
2. A text-book, for the purposes of this section shall mean: (i) any
book, or a book substitute, which shall include hard covered or paper-
back books, work books, or manuals and (ii) for expenses incurred after
July first, nineteen hundred ninety-nine, any courseware or other
content-based instructional materials in an electronic format, as such
terms are defined in the regulations of the commissioner, which a pupil
is required to use as a text, or a text-substitute, in a particular
class or program in the school he or she legally attends. FOR EXPENSES
INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A TEXT-BOOK SHALL
ALSO MEAN ITEMS OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT
PURSUANT TO SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE
AND/OR SEVEN HUNDRED FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE
DESIGNATED BY THE SCHOOL DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS
SECTION, PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH
EXPENSES SHALL NOT BE AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
Expenditures aided pursuant to this section shall not be eligible for
aid pursuant to ANY OTHER section [seven hundred eleven or seven hundred
S. 2808--B 27
fifty-one] of [this chapter] LAW. Courseware or other content-based
instructional materials in an electronic format included in the defi-
nition of textbook pursuant to this subdivision shall be subject to the
same limitations on content as apply to books or book substitutes aided
pursuant to this section.
S 2. Subdivision 2 of section 711 of the education law, as added by
chapter 53 of the laws of 1985, is amended to read as follows:
2. School library materials, for the purposes of this article shall
mean both audio/visual materials and printed materials that may or may
not require magnification which meet all of the following criteria: (1)
materials which are catalogued and processed as part of the school
library or media center for use by elementary and/or secondary school
children and teachers; (2) materials which with reasonable care and use
may be expected to last more than one year; and (3) materials which
would not be eligible for aid pursuant to sections seven hundred one and
seven hundred fifty-one of this [chapter] TITLE. School library materi-
als meeting these criteria may include (i) hard cover and paperback
books, periodicals, that is, publications which appear at regular inter-
vals of less than one year on a continuing basis for an indefinite peri-
od, documents other than books, pamphlets, musical scores, other printed
and published materials, and (ii) for school year nineteen hundred
eighty-six--eighty-seven and thereafter, audio/visual materials includ-
ing films, film strips, micro-film, sound recordings, processed slides,
transparencies, [kinescopies] KINESCOPES, video tapes, maps, charts,
globes, pictorial works, including pictures and picture sets, reprod-
uctions, photographs, graphic works, and any other audio/visual materi-
als of a similar nature made. FOR EXPENSES INCURRED ON OR AFTER JULY
FIRST, TWO THOUSAND ELEVEN, SCHOOL LIBRARY MATERIALS SHALL ALSO MEAN
ITEMS OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED FIFTY-ONE AND/OR SEVEN HUNDRED
FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED BY THE SCHOOL
DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED, HOWEV-
ER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL NOT BE
AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
S 3. Subdivision 2 of section 751 of the education law, as amended by
section 6 of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
2. A software program, for the purposes of this article shall mean (a)
a computer program which a pupil is required to use as a learning aid in
a particular class in the school the pupil legally attends, or (b) for
expenses incurred after July first, two thousand nine, any content-based
instructional materials in an electronic format that are aligned with
state standards which are accessed or delivered through the internet
based on a subscription model. Such electronic format materials may
include a variety of media assets and learning tools, including video,
audio, images, teacher guides, and student access capabilities as such
terms are defined in the regulations of the commissioner. FOR EXPENSES
INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A SOFTWARE PROGRAM
SHALL ALSO MEAN ITEMS OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTION-
MENT PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN AND/OR
SEVEN HUNDRED FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED
BY THE SCHOOL DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION,
PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES
SHALL NOT BE AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
S. 2808--B 28
S 4. Subdivision 1 of section 753 of the education law, as added by
section 7-a of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
1. In addition to any other apportionment under this chapter, a school
district shall be eligible for an apportionment under the provisions of
this section for approved expenses for (i) the purchase or lease of
micro and/or mini computer equipment or terminals for instructional
purposes or (ii) technology equipment, as defined in paragraph c of
subdivision two of this section, used for instructional purposes, or
(iii) for the repair of such equipment and training and staff develop-
ment for instructional purposes as provided hereinafter, OR (IV) FOR
EXPENSES INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, ANY ITEMS
OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN AND/OR SEVEN HUNDRED
FIFTY-ONE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED BY THE SCHOOL
DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED, HOWEV-
ER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL NOT BE
AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW. Such aid shall be
provided pursuant to a plan developed by the district which demonstrates
to the satisfaction of the commissioner that the instructional computer
hardware needs of the district's public school students have been
adequately met and that the school district has provided for the loan of
instructional computer hardware to students legally attending nonpublic
schools pursuant to section seven hundred fifty-four of this article.
The apportionment shall equal the lesser of such approved expense in the
base year or, the product of (i) the technology factor, (ii) the sum of
the public school district enrollment and the nonpublic school enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six hundred two of this
chapter, and (iii) the building aid ratio, as defined in subdivision
four of section thirty-six hundred two of this chapter. For aid payable
in the two thousand seven--two thousand eight school year and thereaft-
er, the technology factor shall be twenty-four dollars and twenty cents.
A school district may use up to twenty percent of the product of (i) the
technology factor, (ii) the sum of the public school district enrollment
and the nonpublic school enrollment in the base year as defined in
subparagraphs two and three of paragraph n of subdivision one of section
thirty-six hundred two of this chapter, and (iii) the building aid ratio
for the repair of instructional computer hardware and technology equip-
ment and training and staff development for instructional purposes
pursuant to a plan submitted to the commissioner.
S 5. Intentionally Omitted.
S 6. The general municipal law is amended by adding a new section 25
to read as follows:
S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
(II) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE.
(B) "UNFUNDED MANDATE" SHALL MEAN:
S. 2808--B 29
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
(II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO THE MUNICIPAL
CORPORATION; OR
(III) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
(C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT ON ACCOUNT OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. EXEMPTIONS TO THE FUNDING OF MUNICIPAL CORPORATION MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR
EXPANDED PROGRAMS IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM
OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
(V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON MUNICIPAL CORPORATIONS SHALL BE
CONSISTENT WITH THE NEEDS OF THE STATE AND MUNICIPAL CORPORATIONS TO
PLAN IMPLEMENTATION THEREOF AND CONSISTENT WITH THE AVAILABILITY OF
REQUIRED FUNDS.
S 7. The education law is amended by adding a new section 1527-a to
read as follows:
S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1. DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
S. 2808--B 30
SCHOOL DISTRICT ORGANIZED EITHER BY SPECIAL LAWS OR PURSUANT TO THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
(II) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
(B) "UNFUNDED MANDATE" SHALL MEAN:
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH ANY
SUCH SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
(II) ANY ALTERATION IN FUNDING PROVIDED TO ANY SUCH SCHOOL DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
(III) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
(C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL DISTRICT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
(V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
S 8. Short title. Sections eight through twenty-three of this act
shall be known and may be cited as "the school paperwork elimination and
reduction act of 2011".
S 9. Intentionally omitted.
S. 2808--B 31
S 10. Section 101-b of the education law, as added by chapter 378 of
the laws of 2010, is amended to read as follows:
S 101-b. Paperwork reduction. 1. [The] IT SHALL BE THE DUTY OF THE
commissioner [shall be authorized to receive and accept reports, plans,
applications and all other information required to be reported by stat-
ute or regulation through electronic means. The commissioner shall
accept hard copy non-electronic filings or submissions if the school
district is able to demonstrate that complying with electronic
submission requirements would create undue hardship for the school
district or some other good cause exists that would make electronic
submission extremely impractical for the school district.] TO REDUCE THE
PAPER WORK BURDEN ON SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES BY ELIMINATING AND AVOIDING DUPLICATIVE REPORTING
REQUIREMENTS WHEREVER POSSIBLE, AND BY CONSOLIDATING PLANS, REPORTS AND
APPLICATIONS, WHERE POSSIBLE, WHILE FOCUSING PLANNING AND REPORTING ON
RESULTS RATHER THAN THE PROCESSES TO ACHIEVE THEM. THE COMMISSIONER
SHALL CONFORM STATE REPORTING AND PLANNING REQUIREMENTS TO FEDERAL
REQUIREMENTS, WHERE POSSIBLE, AND SHALL SEEK FEDERAL WAIVERS WHERE NEED-
ED TO ALIGN STATE AND FEDERAL REQUIREMENTS.
2. [It shall be the duty of the commissioner to review all existing
reports and plans that school districts and boards of cooperative educa-
tional services are required to submit and by November first, two thou-
sand ten, the commissioner shall submit to the board of regents, the
governor, the speaker of the assembly, the temporary president of the
senate, the director of the budget and the chairs of the respective
fiscal and education committees of the senate and assembly specific
recommendations to eliminate unnecessary or duplicative reporting
requirements; and where possible, recommendations to consolidate
reports, plans and other information required to be submitted to the
commissioner including which recommendations could be implemented admin-
istratively and which would require statutory authorization.] THE
COMMISSIONER SHALL REDUCE THE NUMBER OF PLANS, REPORTS AND APPLICATIONS
REQUIRED BY LAW, OF SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES BY ESTABLISHING STREAMLINED AND UNIFIED ELECTRONIC DATA
COLLECTION SYSTEMS WHICH ELIMINATE REDUNDANT REPORTING, CONNECT PLANNING
AND REPORTING, AND WHICH FOCUS ON COLLECTING DATA AND REQUIRING PLANNING
ONLY WHEN NECESSARY TO ASSURE FISCAL AND PROGRAMMATIC ACCOUNTABILITY, TO
FOSTER CONTINUOUS SCHOOL IMPROVEMENT AND CLOSE THE GAP BETWEEN ACTUAL
AND DESIRED STUDENT ACHIEVEMENT, AND TO ASSURE SCHOOLS PROVIDE A SAFE
AND SECURE ENVIRONMENT AND/OR PROTECT THE HEALTH AND SAFETY OF STUDENTS
AND STAFF. SUCH SYSTEMS SHALL MATCH OVERSIGHT WITH THE DEGREE OF RISK BY
LINKING PLANNING AND REPORTING TO THE STATE SYSTEM OF ACCOUNTABILITY
REQUIRED UNDER FEDERAL LAW, PROVIDING FOR AN AUDIT BASED ASSESSMENT OF
RISK OF POOR STUDENT PERFORMANCE, POOR FISCAL PERFORMANCE OR IMPROPER
MANAGEMENT OR USE OF PUBLIC FUNDS. THE COMMISSIONER SHALL ESTABLISH
PARTNERSHIPS WITH SELECTED SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES TO PROMOTE BETTER USE OF REQUIRED PLANNING AND
REPORTING AND SHALL ASSURE THAT REPORTING REQUIREMENTS INCLUDE DATA
WHICH CAN BE USED TO IDENTIFY BEST PRACTICES. THE COMMISSIONER SHALL
PROVIDE FOR THE SHARING OF EFFECTIVE PLANNING PRACTICES WITH SCHOOL
DISTRICTS AND, TO THE EXTENT PRACTICABLE, SHALL PROVIDE TECHNICAL
ASSISTANCE ON THE USE OF DATA FOR PLANNING, INVOLVE BOARDS OF COOPER-
ATIVE EDUCATIONAL SERVICES AND INSTITUTIONS OF HIGHER EDUCATION IN
PROVIDING TRAINING ON THE USE OF DATA FOR STRATEGIC PLANNING TO SUPER-
INTENDENTS OF SCHOOLS, SCHOOL BUSINESS OFFICIALS AND TEACHERS, PROVIDE
S. 2808--B 32
FOR TRAINING ON THE USE OF DATA IN PLANNING TO SCHOOL BOARD MEMBERS AND
INVOLVE RESEARCHERS IN DATA ANALYSIS AND EVALUATION.
S 11. Section 215-b of the education law, as amended by chapter 301 of
the laws of 1996, is amended to read as follows:
S 215-b. Annual report by commissioner to governor and legislature.
The commissioner shall prepare and submit to the governor, the president
pro tem of the senate and the speaker of the assembly not later than
January first, nineteen hundred ninety-six and by the first day of Janu-
ary in each year thereafter, a report detailing the financial and
statistical outcomes of boards of cooperative educational services which
shall[, at minimum,] set forth with respect to the preceding school
year[: tuition costs for selected programs; standard per pupil cost
information for selected services as determined by the commissioner; and
aggregate expenditure data for the following categories: administration,
instructional services, career education, special education, rent and
facilities and other services; and such other information as deemed
appropriate] INFORMATION NECESSARY TO ASSURE THE ACCOUNTABILITY OF
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FOR ITS FISCAL AND PROGRAM-
MATIC RESOURCES, AS SET FORTH IN REGULATIONS TO BE PRESCRIBED by the
commissioner. The format for such report shall be developed in consulta-
tion with school district officials and the director of the budget. Such
report will include changes from the year prior to the report year for
each such item for all boards of cooperative educational services. Such
report shall be distributed to all school districts and boards of coop-
erative educational services and shall be made available to all other
interested parties upon request.
S 12. Subdivision 2 of section 806 of the education law, as amended by
chapter 946 of the laws of 1973, is amended to read as follows:
2. The regents shall determine the subjects to be included in such
courses of instruction in highway safety and traffic regulation includ-
ing bicycle safety, and the period of instruction in each of the grades
in such subjects. [They shall adopt rules providing for attendance upon
such instruction and for such other matters as are required for carrying
into effect the teaching of the courses of instruction prescribed by
this section. The commissioner of education shall be responsible for
the enforcement of such section and shall cause to be inspected and
supervise the instruction to be given in such subjects. The commissioner
may, in his discretion, cause all or a portion of the public school
money to be apportioned to a district or city to be withheld for failure
of the school authorities of such district or city to provide instruc-
tion in such courses and to compel attendance upon such instruction, as
herein prescribed, and for a noncompliance with the rules of the regents
adopted as herein provided.]
S 13. Subparagraph 1 of paragraph b of subdivision 4 of section 1950
of the education law, as amended by chapter 474 of the laws of 1996, is
amended to read as follows:
(1) Prepare, prior to the annual meeting of members of the boards of
education and school trustees, held as provided in paragraph o of this
subdivision, a tentative budget of expenditures for the program costs, a
tentative budget for capital costs, and a tentative budget for the
administration costs of the board of cooperative educational services.
Such budgets shall include the proposed budget for the upcoming school
year, the previous school year's actual costs and the current school
year's projected costs for each object of expenditure. Such program,
capital and administrative budgets shall be separately delineated in
accordance with the definition of program, capital and administrative
S. 2808--B 33
costs which shall be promulgated by the commissioner after consultation
with school district officials and the director of the budget. Personal
service costs for each budget shall include the number of full-time
equivalent positions funded and total salary and, except as noted here-
in, fringe benefit costs for such positions by program. Each program
budget shall also include the local and statewide unit costs of such
programs and services proposed for the upcoming school year, such actual
unit costs for the previous school year, and the current school year's
projected unit costs, all established in accordance with paragraph d of
this subdivision. The capital budget shall include facility construction
and lease expenditures authorized pursuant to paragraphs p, t and u of
this subdivision, payments for the repayment of indebtedness related to
capital projects, payments for the acquisition or construction of facil-
ities, sites or additions, provided that such budget shall contain a
rental, operations and maintenance section that will include base rent
costs, total rent costs, operations and maintenance charges, cost per
square foot for each facility rented or leased by such board of cooper-
ative educational services, and any and all expenditures associated with
custodial salaries and benefits, service contracts, supplies, utilities,
maintenance and repairs for such facilities, and that such budget shall
include the annual debt service and total debt for all facilities
financed by bonds or notes of the component districts, annual rental and
lease payments and total rental and lease costs for all facilities rent-
ed by such board; such capital budget shall also include expenditures
resulting from court judgments and orders from administrative bodies or
officers, and, to the extent a board's administrative budget has been
adopted, one-time costs incurred in the first year in which an employee
retires. The administrative budget shall include, but need not be limit-
ed to, office and central administrative expenses, traveling expenses
and salaries and benefits of supervisors and administrative personnel
necessary to carry out the central administrative duties of the supervi-
sory district, any and all expenditures associated with the board, the
office of district superintendent, general administration, central
support services, planning, and all other administrative activities.
Such administrative budget shall also specify the amount of supplementa-
ry salary and benefits, if any, which the board determines should be
paid to the district superintendent of schools and the board shall
append to such budget a detailed statement of the total compensation to
be paid the district superintendent of schools by the board, including a
delineation of the salary, annualized cost of benefits and any in-kind
or other form of remuneration to be paid, plus, commencing with the
presentation of the budget for the nineteen hundred ninety-seven--nine-
ty-eight school year, [a list of items of expense eligible for
reimbursement on expense accounts in the ensuing school year and] a
statement of the amount of expenses paid to the district superintendent
of schools in the prior year for purposes of carrying out his or her
official duties.
S 14. Subparagraph 5 of paragraph b of subdivision 4 of section 1950
of the education law, as amended by chapter 378 of the laws of 2010, is
amended to read as follows:
(5) The trustees or board of education of each component school
district of the board of cooperative educational services shall adopt a
public resolution which shall approve or disapprove such tentative
administrative budget at a regular or special meeting to be held within
the component district on the date designated pursuant to subdivision
two-a of this section as the date for election of members of the board
S. 2808--B 34
of cooperative educational services, or in the case of the board of
education of a central high school district on the regular business day
next following such designated date.
If the resolutions adopted by the trustees or boards of education of a
majority of the component school districts of the board of cooperative
educational services actually voting approve the tentative administra-
tive budget, the board of cooperative educational services may adopt the
tentative administrative budget without modification. If a majority of
the component school districts actually voting fail to adopt resolutions
approving such tentative administrative budget, or if the number of
component school districts approving the budget equals the number of
school districts disapproving the budget, the board of cooperative
educational services shall prepare and adopt a contingency administra-
tive budget which shall not exceed the amount of the administrative
budget of the board of cooperative educational services for the previous
school year except to accommodate expenditure increases attributable to
supplemental retirement allowances payable pursuant to section five
hundred thirty-two of this chapter and section seventy-eight of the
retirement and social security law. THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES SHALL NOT BE REQUIRED TO SUBMIT ITS SEPARATE ADMINISTRA-
TIVE BUDGET TO THE COMMISSIONER FOR APPROVAL.
S 15. Subparagraph 2-a of paragraph d of subdivision 4 of section 1950
of the education law is REPEALED.
S 16. Subparagraphs 3 and 4 of paragraph d of subdivision 4 of section
1950 of the education law, as amended by chapter 474 of the laws of
1996, are amended to read as follows:
(3) Requests for shared services; operating plan; required notice.
Requests for such shared services shall be filed by component school
districts with the board of cooperative educational services not later
than the first day of February of each year, provided that such requests
shall not be binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual oper-
ating plan for the ensuing school year to the department for approval
not later than the fifteenth day of February of each year. Such board
shall, through its executive officer, notify each component school
district on or before the tenth day of March concerning the services
[which] THAT have been approved by the commissioner to be made available
for the ensuing school year. Such notice shall set forth the local
uniform cost of each such service, based on (i) anticipated partic-
ipation in the ensuing school year, or (ii) participation in the current
year, or (iii) a two or three year average including participation in
the current year, which unit cost shall be the same for all participat-
ing component districts and shall be based upon a uniform methodology
approved annually by at least three-quarters of the participating compo-
nent school districts after consultation by local school officials with
their respective boards[; provided, however, such unit cost shall be
subject to final adjustment for programs for students with disabilities
based on actual participation in accordance with regulations of the
commissioner. Notwithstanding the determination of the local uniform
unit cost methodology selected in accordance with this paragraph, each
board of cooperative education services shall annually report to the
commissioner the budgeted unit cost and, when available, the actual unit
cost of such programs and services, in accordance with both the local
uniform unit cost methodology and a statewide uniform unit cost method-
ology prescribed by the commissioner by regulation, where the budgeted
statewide unit cost shall be based on the anticipated participation in
S. 2808--B 35
the ensuing year and the actual statewide unit cost shall be based on
actual participation through the end of each year].
(4) Contracts for shared services; allocation of costs. Each component
school district shall on or before the first day of May following such
notification notify the board of cooperative educational services of its
intention to participate or not to participate in such shared services
and the specific services which such district elects to utilize. Each
participating component school district shall be required to pay the
board of cooperative educational services for the cost of the services
set forth in such notification, except for adjustments caused by subse-
quent unanticipated changes in the district's enrollment. The board of
cooperative educational services shall enter into contracts with its
component school districts for such requested services. A copy of each
executed contract for such purpose shall be [filed with the commissioner
by] ON FILE WITH the board of cooperative educational services AND
AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST on or prior to the first
day of August of each year. Notwithstanding the provisions of paragraph
b of this subdivision, any component school district which does not
elect to participate in any such specific cooperative services author-
ized under this paragraph shall not be required to pay any share of the
moneys provided in the budget as salaries of teachers or other personnel
employed in providing such service, for equipment and supplies for such
service or for transportation of pupils to and from the place where such
service is maintained. Provided, further, that a board of cooperative
educational services may allocate the cost of such services to component
school districts in accordance with terms agreed upon between such board
and three-quarters of the boards of education and trustees of local
school districts participating in the service.
S 17. Paragraph aa of subdivision 4 of section 1950 of the education
law, as added by chapter 595 of the laws of 1978, is amended to read as
follows:
aa. Notwithstanding any other provision of law, a board of cooperative
educational services may[, with the prior written approval of the
commissioner,] contract to accept from a leasing company which has qual-
ified as lowest bidder pursuant to the provisions of the general munici-
pal law a sum sufficient to purchase data processing equipment from the
manufacturer thereof, pay such sum to the manufacturer of said equip-
ment, receive the equipment and title thereto and convey the same to the
leasing company with a simultaneous lease of the equipment from such
leasing company to the board of cooperative educational services for a
specified period of years. Before any such agreement shall be executed,
the board of cooperative educational services shall adopt a resolution
determining that such agreement is in the best financial interest of the
board. Such lease may be renewed for a further specified period of years
[with the prior approval of the commissioner of education].
S 18. Subdivision 2 of section 2201 of the education law, as amended
by chapter 295 of the laws of 1993, is amended to read as follows:
2. Whenever a vacancy hereafter occurs in the office of district
superintendent of schools in any supervisory district or whenever the
commissioner receives a letter of resignation from a district super-
intendent, the commissioner [shall] MAY survey the field in the county
where the vacancy occurred, and if it shall find that the continuance of
the number of supervisory districts then existing is no longer necessary
to serve adequately the educational interests of the county he or she
shall be authorized to conduct a study to examine the possible reorgan-
S. 2808--B 36
ization of such supervisory district if no such study has been conducted
within five years.
S 19. Subdivision 5 of section 2802 of the education law, as amended
by chapter 378 of the laws of 2010, is amended to read as follows:
5. By April first of each year, the commissioner shall report to the
governor, the legislature and the regents concerning the prevalence of
violence and disruptive incidents in the public schools, and the effec-
tiveness of school programs undertaken to reduce violence and assure the
safety and security of students and school personnel. The report shall
summarize the information available from the incident reporting system,
and compare the incidence of violent and disruptive incidents of schools
and school districts and boards with other schools and school districts
and boards based on similarity in size and grade levels and other char-
acteristics, including student need and resources, as determined by the
commissioner. [The report shall also, to the extent possible, relate the
results available from the incident reporting system, together with such
other analysis and information as the commissioner determines is appro-
priate, to the effectiveness of school violence measures undertaken by
participating schools and school districts, including the school codes
and school safety plans required by sections twenty-eight hundred one
and twenty-eight hundred one-a of this article.]
S 20. Paragraph d of subdivision 26-a of section 3602 of the education
law is REPEALED.
S 21. Subdivision 13 of section 3602-e of the education law is
REPEALED.
S 22. Clause (e) of subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
S 23. Paragraph b of subdivision 1 of section 4452 of the education
law is REPEALED.
S 24. Subparagraph 2 of paragraph d of subdivision 4 of section 1950
of the education law, as added by chapter 474 of the laws of 1996, is
amended to read as follows:
(2) Certain services prohibited. Commencing with the [nineteen hundred
ninety-seven--ninety-eight] TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
school year, the commissioner shall [not] be authorized to approve as an
aidable shared service pursuant to this subdivision any cooperative
maintenance services or municipal services, including but not limited
to, lawn mowing services and heating, ventilation or air conditioning
repair or maintenance or trash collection, or any other municipal
services as defined by the commissioner, PROVIDED THAT THE BOARD OF
COOPERATIVE EDUCATIONAL SERVICES DEMONSTRATES TO THE SATISFACTION OF THE
COMMISSIONER THAT THE PROVISION OF SUCH SERVICE BY THE BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES WILL RESULT IN A COST SAVINGS TO PARTICIPAT-
ING SCHOOL DISTRICTS. [On and after the effective date of this para-
graph, the commissioner shall not approve, as an aidable shared service,
any new cooperative maintenance or municipal services for the nineteen
hundred ninety-six--ninety-seven school year, provided that the commis-
sioner may approve the continuation of such services for one year if
provided in the nineteen hundred ninety-five--ninety-six school year.]
S 25. The education law is amended by adding a new section 1527-b to
read as follows:
S 1527-B. SHARED SUPERINTENDENT PROGRAM. NOTWITHSTANDING ANY OTHER
PROVISION OR LAW, RULE OR REGULATION TO THE CONTRARY, THE GOVERNING
BOARD OF A SCHOOL DISTRICT WITH AN ENROLLMENT OF LESS THAN ONE THOUSAND
STUDENTS IN THE PREVIOUS YEAR SHALL BE AUTHORIZED TO ENTER INTO A SCHOOL
SUPERINTENDENT SHARING CONTRACT WITH NO MORE THAN TWO ADDITIONAL SCHOOL
S. 2808--B 37
DISTRICTS EACH OF WHICH HAVE FEWER THAN ONE THOUSAND IN ENROLLED PUPILS
IN THE PREVIOUS YEAR. EACH SHARED SUPERINTENDENT ARRANGEMENT SHALL BE
GOVERNED BY THE BOARDS OF EDUCATION OF THE SCHOOL DISTRICTS PARTICIPAT-
ING IN THE SHARED CONTRACT. PROVIDED HOWEVER, THAT THIS SECTION SHALL
NOT BE CONSTRUED TO ALTER, EFFECT OR IMPAIR ANY EMPLOYMENT CONTRACT
WHICH IS IN EFFECT ON OR BEFORE JULY FIRST, TWO THOUSAND EIGHT. ANY
SCHOOL DISTRICT WHICH HAS ENTERED INTO A SCHOOL SUPERINTENDENT SHARING
PROGRAM WILL CONTINUE TO BE ELIGIBLE TO COMPLETE SUCH CONTRACT NOTWITH-
STANDING THAT THE ENROLLMENT OF THE SCHOOL DISTRICT EXCEEDED ONE THOU-
SAND STUDENTS AFTER ENTERING INTO A SHARED SUPERINTENDENT CONTRACT.
S 26. Section 3602 of the education law is amended by adding a new
subdivision 6-d to read as follows:
6-D. BUILDING AID FOR JOINT MUNICIPAL FACILITIES. A. AS USED IN THIS
SUBDIVISION, "MUNICIPAL CORPORATION" SHALL MEAN A COUNTY, A CITY, A
TOWN, OR A VILLAGE.
B. ONE OR MORE SCHOOL DISTRICTS ELIGIBLE FOR TOTAL FOUNDATION AID
PURSUANT TO THIS SECTION THAT ENTER INTO AN AGREEMENT WITH ONE OR MORE
MUNICIPAL CORPORATIONS AND/OR PUBLIC BENEFIT CORPORATIONS, IN ACCORDANCE
WITH SECTION ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW AND
THIS SUBDIVISION, MAY RECEIVE BUILDING AID PURSUANT TO THIS SUBDIVISION
FOR THE SCHOOL DISTRICT SHARE OF APPROVED EXPENDITURES FOR THE
CONSTRUCTION OR RECONSTRUCTION OF ONE OR MORE SINGLE SITE JOINT MUNICI-
PAL FACILITIES. EXPENSES OF THE JOINT MUNICIPAL FACILITY CONSTRUCTION OR
RECONSTRUCTION PROJECT ATTRIBUTABLE TO THE PARTICIPATION OF MUNICIPAL
CORPORATIONS AND PUBLIC BENEFIT CORPORATIONS SHALL NOT BE ELIGIBLE FOR
BUILDING AID PURSUANT TO THIS SUBDIVISION. TO BE ELIGIBLE FOR SUCH AID,
THE GENERAL CONTRACTS FOR THE PROJECT SHALL HAVE BEEN AWARDED ON OR
AFTER JULY FIRST, TWO THOUSAND EIGHT, AND THE PROJECT AND JOINT AGREE-
MENT SHALL HAVE BEEN APPROVED BY THE COMMISSIONER. FOR PARTICIPATING
SCHOOL DISTRICTS IN WHICH THE SCHOOL BUDGET IS SUBJECT TO VOTER
APPROVAL, THE JOINT AGREEMENT SHALL BE SUBJECT TO VOTER APPROVAL.
C. TO BE ELIGIBLE FOR BUILDING AID FOR THE JOINT FACILITY, THE JOINT
AGREEMENT SHALL DESIGNATE THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT
ON WHOSE LAND, OWNED OR LEASED, SUCH SINGLE SITE JOINT MUNICIPAL FACILI-
TY WILL BE LOCATED AS THE LEAD SCHOOL DISTRICT; PROVIDED THAT WHERE SUCH
FACILITY WILL OCCUPY ADJOINING SITES IN MORE THAN ONE PARTICIPATING
SCHOOL DISTRICT, ANY SCHOOL DISTRICT IN WHICH A PART IS SITUATED MAY BE
DESIGNATED AS THE LEAD SCHOOL DISTRICT. NOTWITHSTANDING ANY PROVISION
OF LAW, THE LEAD SCHOOL DISTRICT SHALL BE AUTHORIZED TO CONTRACT INDEBT-
EDNESS FOR THE PURPOSE OF THE JOINT PROJECT PURSUANT TO THE LOCAL
FINANCE LAW AS IF THE ENTIRE PROJECT WAS CONDUCTED SOLELY BY THE LEAD
SCHOOL DISTRICT. THE JOINT AGREEMENT SHALL DESIGNATE THE PARTY OR
PARTIES THAT WILL OPERATE, MAINTAIN AND/OR MANAGE THE JOINT FACILITY.
THE LEAD SCHOOL DISTRICT SHALL SERVE AS FISCAL AGENT FOR ALL PARTICIPAT-
ING SCHOOL DISTRICTS FOR THE PURPOSE OF CLAIMING AND RECEIVING BUILDING
AID PURSUANT TO SUBDIVISION SIX OF THIS SECTION. THE JOINT AGREEMENT
SHALL INCLUDE A LEASE AGREEMENT BETWEEN THE LEAD SCHOOL DISTRICT AND ALL
OTHER PARTICIPATING PARTIES WHEREBY ALL PARTIES AGREE TO LEASE THE
FACILITY FOR A TERM NOT LESS THAN THE PERIOD WITHIN WHICH ALL BONDS OR
NOTES ISSUED TO FINANCE THE PROJECT WILL MATURE. PARTICIPATING SCHOOL
DISTRICTS SHALL NOT BE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO ANY
PROVISION OF THIS CHAPTER FOR ANY LEASE EXPENSE INCURRED FOR THE JOINT
FACILITY AND SUCH EXPENSE SHALL NOT BE INCLUDED IN THE APPROVED OPERAT-
ING EXPENSE OF ANY SUCH SCHOOL DISTRICT, PROVIDED HOWEVER, THAT NOTHING
SHALL PROHIBIT THE INCLUSION OF A SCHOOL DISTRICT'S SHARE OF THE NET
ADMINISTRATIVE, OPERATION AND MAINTENANCE COSTS OF THE JOINT PROJECT IN
S. 2808--B 38
THE SCHOOL DISTRICT'S APPROVED OPERATING EXPENSE OR TRANSPORTATION OPER-
ATING EXPENSE, AS APPLICABLE. THE JOINT AGREEMENT SHALL PROVIDE FOR A
CREDIT OF THE STATE AID RECEIVED BY THE LEAD SCHOOL DISTRICT FOR THE
JOINT PROJECT AGAINST THE EXPENSES OF SUCH PROJECT AND SHALL PROVIDE A
METHOD OF ALLOCATING THE NET COST OF THE JOINT FACILITY TO THE PARTIC-
IPATING SCHOOL DISTRICTS AND PARTICIPATING MUNICIPAL CORPORATIONS AND
PUBLIC BENEFIT CORPORATIONS, DISTRIBUTING (I) THE GROSS COST BASED ON
EACH SCHOOL DISTRICT'S SHARE OF THE USE OF THE FACILITY, AND (II) THE
STATE AID BASED ON EACH SCHOOL DISTRICT'S AID RATIO (AS APPLICABLE) AND
EACH SCHOOL DISTRICT'S USE-SHARE OF THE AIDABLE EXPENSE. PARTICIPATING
MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT CORPORATIONS SHALL NOT BE
ELIGIBLE FOR SUCH CREDIT OF STATE AID.
D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PUBLIC BENEFIT CORPO-
RATION, IN ADDITION TO ANY OTHER AUTHORIZATION CONFERRED BY LAW FOR
PERFORMANCE OF ITS POWERS AND DUTIES ON A COOPERATIVE, JOINT OR CONTRACT
BASIS SHALL BE AUTHORIZED TO ENTER INTO AN AGREEMENT PURSUANT TO SECTION
ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW AND THIS SUBDIVISION
FOR THE PROVISION OF A JOINT MUNICIPAL FACILITY WITH ONE OR MORE SCHOOL
DISTRICTS AND ONE OR MORE MUNICIPAL CORPORATIONS.
E. UPON APPROVAL OF THE JOINT AGREEMENT, THE LEAD SCHOOL DISTRICT
SHALL BE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO SUBDIVISION SIX OF
THIS SECTION AS IF THE JOINT PROJECT WAS CONDUCTED SOLELY BY SUCH LEAD
SCHOOL DISTRICT; PROVIDED, HOWEVER, THAT SUCH AID SHALL EQUAL THE SUM OF
THE PRODUCTS OF EACH PARTICIPATING SCHOOL DISTRICT'S BUILDING AID RATIO
SELECTED PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR
AID PAYABLE IN THE CURRENT YEAR MULTIPLIED BY SUCH DISTRICT'S SHARE OF
THE USE OF THE FACILITY.
F. WHERE THE LEAD SCHOOL DISTRICT REORGANIZES WITH SOME OR ALL OTHER
DISTRICTS PARTICIPATING IN THE JOINT AGREEMENT SUBSEQUENT TO APPROVAL OF
THE JOINT AGREEMENT, SUCH REORGANIZED SCHOOL DISTRICT SHALL BE ELIGIBLE
FOR REORGANIZATION INCENTIVE BUILDING AID PURSUANT TO SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION FOURTEEN OF THIS SECTION, FOR EXPENDITURES
FOR ANY DEBT SERVICE FOR INDEBTEDNESS OUTSTANDING AFTER THE EFFECTIVE
DATE OF SUCH REORGANIZATION THAT WERE INCURRED FOR THE FINANCING OF
CONSTRUCTION OF THE JOINT MUNICIPAL FACILITY SO LONG AS SUCH FACILITY
CONTINUES TO BE USED BY SUCH REORGANIZED DISTRICT, AS IF THE JOINT
MUNICIPAL FACILITY HAD BEEN CONSTRUCTED BY THE REORGANIZED SCHOOL
DISTRICT SUBSEQUENT TO REORGANIZATION.
G. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A
OF THIS PART, AID FOR JOINT PROJECTS SHALL BE PAID IN ACCORDANCE WITH A
SCHEDULE ESTABLISHED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF
THE BUDGET.
S 27. Intentionally omitted.
S 28. Intentionally omitted.
S 29. Intentionally omitted.
S 30. Clause (vi) of subparagraph 1 of paragraph c of subdivision 14
of section 3602 of the education law, as amended by section 34 of part B
of chapter 57 of the laws of 2008, is amended to read as follows:
(vi) where such proposed reorganization includes at least two school
districts employing eight or more teachers forming a central high school
district pursuant to section nineteen hundred thirteen of this chapter,
beginning with July first, nineteen hundred sixty-five or the first
school year of operation as a reorganized district after such date, such
reorganized school district shall be entitled to an additional appor-
tionment of twenty-five per centum of the sum of: (A) its apportionment
as provided in subdivision six of this section whenever such apportion-
S. 2808--B 39
ment is computed on the basis of its approved base year expenditures for
capital outlay from its general, capital, or a reserve fund incurred
prior to July first, two thousand one, or on the basis of its approved
base year expenditures for capital outlay from its general, capital or a
reserve fund incurred in the two thousand one--two thousand two school
year and computed pursuant to subdivision six of this section as if such
expenditures were aidable under such subdivision, and current year
approved expenditures for debt service for school building purposes and
(B) its apportionment as provided in subdivision six of this section,
the general contracts for which shall have been awarded on or after the
date this act takes effect and prior to July first, two thousand [ten]
TWELVE or within ten years from the effective date of reorganization,
whichever is later as provided in subdivision six of this section, and
which said sum shall be payable for and during the terms of any indebt-
edness created for the purpose of financing such construction or other
facility as aforesaid, provided however, that in no event may the total
apportionment under this paragraph, under subdivision twelve of section
thirty-six hundred forty-one of this article, and under subdivisions six
and six-f of this section for any project exceed the product of (1)
ninety-eight percent for a high need school district, as defined pursu-
ant to guidelines of the commissioner for the two thousand five--two
thousand six school year, for all school building projects approved by
the voters of the school district or by the board of education of a city
school district in a city with more than one hundred twenty-five thou-
sand inhabitants, and/or the chancellor in a city school district in a
city having a population of one million or more, on or after July first,
two thousand five, or ninety-five per cent for any other school building
project or school district, multiplied by (2) the sum of the base year
approved expenditures for capital outlay for school building purposes
from the general fund, capital fund or from a reserve fund, and current
year approved expenditures for debt service for such purposes for such
project.
S 31. Section 3641 of the education law, is amended by adding a new
subdivision 15 to read as follows:
15. MATH AND SCIENCE HIGH SCHOOLS. BEGINNING WITH THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND EACH YEAR THEREAFTER THERE
SHALL BE GRANTS PROVIDED IN EQUAL AMOUNTS FOR THE MATH AND SCIENCE HIGH
SCHOOLS PROGRAM WHICH INCLUDES TECH VALLEY HIGH SCHOOL, BARD COLLEGE AND
NAZARETH COLLEGE. SUCH GRANTS MAY BE USED FOR OPERATING COSTS OF MATH
AND SCIENCE PROGRAMS OR FOR MATH AND SCIENCE INITIATIVES.
S 32. This act shall take effect immediately, provided that:
1. sections one, two, three and four of this act shall take effect
April 1, 2011;
2. sections six and seven of this act shall be deemed to have been in
full force and effect on and after April 1, 2011 and shall apply to any
general or special law imposing mandates on municipal corporations or
school districts enacted on or after such effective date;
3. sections twenty-four and twenty-five of this act shall take effect
July 1, 2011; and
4. section thirty of this act shall be deemed to have been in full
force and effect on and after July 1, 2010.
PART C
Section 1. Article 9 of the arts and cultural affairs law is REPEALED.
S 2. Section 97-u of the state finance law is REPEALED.
S. 2808--B 40
S 3. Notwithstanding any inconsistent provision of law, all rights and
property previously held by the entity formerly referred to as the New
York state theatre institute corporation, as established in chapter 824
of the laws of 1992, and as repealed in this act, shall pass to and be
vested within the office of general services.
S 4. This act shall take effect immediately.
PART D
Section 1. Subdivision 5 of section 355 of the education law, subdivi-
sion 5 as added by chapter 552 of the laws of 1985, paragraph a of
subdivision 5 as amended by chapter 682 of the laws of 2007, paragraph c
of subdivision 5 as added by chapter 103 of the laws of 1989 and para-
graph d of subdivision 5 as added by chapter 537 of the laws of 1997, is
amended to read as follows:
5. Notwithstanding the provisions of [paragraph] SUBDIVISIONS two AND
THREE of section one hundred twelve and sections one hundred fifteen,
one hundred sixty-one, AND one hundred sixty-three [and one hundred
seventy-four] of the state finance law and sections three and six of the
New York state printing and public documents law or any other law to the
contrary, the state university trustees are authorized and empowered to:
a. (i) purchase materials, equipment and supplies, including computer
equipment and motor vehicles[, where the amount for a single purchase
does not exceed twenty thousand dollars], (ii) execute contracts for
[services and] construction AND CONSTRUCTION-RELATED contracts [to an
amount not exceeding twenty thousand dollars] and (iii) contract for
printing [to an amount not exceeding five thousand dollars], without
prior approval by any other state officer or agency, but subject to
rules and regulations of the state comptroller not otherwise inconsist-
ent with the provisions of this section and in accordance with [the
rules and regulations] GUIDELINES promulgated by the state university
board of trustees after consultation with the state comptroller. [In
addition, the trustees, after consultation with the commissioner of
general services, are authorized to annually negotiate with the state
comptroller increases in the aforementioned dollar limits and the
exemption of any articles, categories of articles or commodities from
these limits. Rules and regulations] CONTRACTS FOR SERVICES SHALL BE
SUBJECT TO THE APPROVAL OF THE STATE COMPTROLLER IN ACCORDANCE WITH THE
PROVISIONS AND DOLLAR THRESHOLD OF SUBDIVISION TWO OF SECTION ONE
HUNDRED AND TWELVE OF THE STATE FINANCE LAW; PROVIDED, THAT THE TRUSTEES
ARE AUTHORIZED TO NEGOTIATE ANNUALLY WITH THE STATE COMPTROLLER
INCREASES IN THE DOLLAR THRESHOLD FOR CONTRACTS FOR SERVICES. GUIDE-
LINES, RULES, OR REGULATIONS promulgated by the state university board
of trustees shall, to the extent practicable, require that competitive
proposals be solicited for purchases, and shall include requirements
that purchases and contracts authorized under this section be at the
lowest available price, including consideration of prices available
through other state agencies, consistent with quality requirements, and
as will best promote the public interest. Such purchases may be made
directly from any contractor pursuant to any contract for commodities
let by the office of general services or any other state agency;
b. to establish cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials, supplies, or services
where the amount of a single purchase does not exceed two hundred fifty
S. 2808--B 41
dollars, in accordance with such guidelines as shall be prescribed by
the state university trustees after consultation with the state comp-
troller.
c. establish guidelines in consultation with the commissioner of
general services authorizing participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner of general
services shall provide assistance to the state university necessary to
enable the university to participate in these programs.
[d. (1) Award contract extensions for campus transportation without
competitive bidding where such contracts were secured either through
competitive bidding or through evaluation of proposals in response to a
request for proposals pursuant to subparagraph (2) of this paragraph,
however such extensions may be rejected if the amount to be paid to the
contractor in any year of such proposed extension fails to reflect any
decrease in the regional consumer price index for the New York, New
York-Northeastern, New Jersey area, based upon the index for all urban
consumers (CPI-U) during the preceding twelve-month period. At the time
of any contract extension, consideration shall be given to any compet-
itive proposal offered by a public transportation agency. Such contract
may be increased for each year of the contract extension by an amount
not to exceed the regional consumer price index increase for the New
York, New York-Northeastern, New Jersey area, based upon the index for
all urban consumers (CPI-U), during the preceding twelve-month period,
provided it has been satisfactorily established by the contractor that
there has been at least an equivalent increase in the amount of his cost
of operation, during the period of the contract.]
S 2. Subdivision 2 of section 112 of the state finance law, as amended
by chapter 319 of the laws of 1992, paragraph (a) of subdivision 2 as
amended by section 2 of part D of chapter 56 of the laws of 2006, is
amended to read as follows:
2. (a) Before any contract made for or by any state agency, depart-
ment, board, officer, commission, or institution, except the office of
general services, shall be executed or become effective, whenever such
contract exceeds fifty thousand dollars in amount and before any
contract made for or by the office of general services shall be executed
or become effective, whenever such contract exceeds eighty-five thousand
dollars in amount, it shall first be approved by the comptroller and
filed in his or her office, provided, however, that the comptroller
shall make a final written determination with respect to approval of
such contract within ninety days of the submission of such contract to
his or her office unless the comptroller shall notify, in writing, the
state agency, department, board, officer, commission, or institution,
prior to the expiration of the ninety day period, and for good cause, of
the need for an extension of not more than fifteen days, or a reasonable
period of time agreed to by such state agency, department, board, offi-
cer, commission, or institution and provided, further, that such written
determination or extension shall be made part of the procurement record
pursuant to paragraph f of subdivision one of section one hundred
sixty-three of this chapter. THE FOREGOING NOTWITHSTANDING, ANY
CONTRACT MADE FOR OR BY THE STATE UNIVERSITY OF NEW YORK FOR GOODS SHALL
NOT BE SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH.
(b) Whenever any liability of any nature shall be incurred by or for
any state department, board, officer, commission, or institution OTHER
THAN THE CITY UNIVERSITY OF NEW YORK AND THE STATE UNIVERSITY OF NEW
S. 2808--B 42
YORK, notice that such liability has been incurred shall be immediately
given in writing to the state comptroller.
S 3. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended to read as follows:
(iv) The commissioner is authorized to permit any officer, body or
agency of the state or of a political subdivision or a district therein,
or fire company or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make purchases of
commodities through the office of general services' centralized
contracts, pursuant to the provisions of section one hundred four of the
general municipal law. The commissioner is authorized to permit any
county extension service association as authorized under subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation or other entity as specified in and in accordance with section
one hundred nine-a of the general municipal law, OR ANY NON-PROFIT
CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
STATE UNIVERSITY OF NEW YORK, or any other association or entity as
specified in state law, to make purchases of commodities through the
office of general services' centralized contracts; provided, however,
that such entity so empowered shall accept sole responsibility for any
payment due with respect to such purchase; AND PROVIDED FURTHER, HOWEV-
ER, THAT COMMODITIES SO PURCHASED BY A NON-PROFIT CORPORATION ORGANIZED
IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF
NEW YORK SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPO-
RATION OR OTHER ENTITY WHICH CONTRACTS WITH THE NON-PROFIT CORPORATION,
NOR SHALL SUCH COMMODITIES SO PURCHASED BY SUCH NON-PROFIT CORPORATION
BE OFFERED FOR RESALE.
S 4. Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
e. Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make purchases of services through the office of general
services' centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal law. The commis-
sioner may permit and prescribe the conditions for the purchase of
services through the office of general services' centralized contracts
for services by any public authority or public benefit corporation of
the state including the port authority of New York and New Jersey, OR
ANY NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND
PURPOSES OF THE STATE UNIVERSITY OF NEW YORK, OTHER THAN THE RESEARCH
FOUNDATION OF THE STATE UNIVERSITY OF NEW YORK; PROVIDED, HOWEVER, THAT
SERVICES SO PURCHASED BY A NON-PROFIT CORPORATION ORGANIZED IN FURTHER-
ANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK,
OTHER THAN THE RESEARCH FOUNDATION OF THE STATE UNIVERSITY OF NEW YORK,
SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPORATION OR
OTHER ENTITY WHICH CONTRACTS WITH THE NON-PROFIT ORGANIZATION. The
commissioner is authorized to permit any public library, association
library, library system, cooperative library system, the New York
Library Association, and the New York State Association of Library
Boards or any other library except those which are operated by for
profit entities, to make purchases of services through the office of
general services' centralized contracts; provided, however, that such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.
S. 2808--B 43
S 5. Subdivisions 12 and 15 of section 373 of the education law, as
added by chapter 251 of the laws of 1962, are amended and a new subdivi-
sion 20 is added to read as follows:
12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate powers and the fulfillment of its corporate purposes under this
article. NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE
LAW OR ANY OTHER LAW TO THE CONTRARY, ALL SUCH FUND PROCUREMENTS SHALL
BE SUBJECT ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY ADOPTED BY
THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF TITLE FOUR
OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW EXCEPT SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW;
15. To engage the services of construction, engineering, architec-
tural, legal and financial consultants, surveyors and appraisers, on a
contract basis or as employees, for professional service and technical
assistance and advice AND NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF
THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, TO DETERMINE ITS
STAFFING, SUPPORT SERVICES AND EQUIPMENT NEEDS WHICH IN THE JUDGMENT OF
THE FUND ARE NECESSARY TO FULFILL ITS PURPOSES AS SET FORTH IN SECTION
THREE HUNDRED SEVENTY-TWO OF THIS ARTICLE; and
20. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL RIGHTS AND BENEFITS,
INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL
SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EMPLOYEES OF THE FUND
SHALL BE PRESERVED AND PROTECTED. EMPLOYEES IN ANY NEWLY CREATED POSI-
TIONS WITHIN THE FUND SHALL BE CONSIDERED PUBLIC EMPLOYEES FOR ALL
PURPOSES OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
S 6. Subdivision 8 of section 376 of the education law, as added by
chapter 251 of the laws of 1962, the opening paragraph and paragraph a
as amended by chapter 877 of the laws of 1990 and paragraph f as added
by chapter 769 of the laws of 1978, is amended to read as follows:
8. All contracts which are to be awarded pursuant to this subdivision
shall be awarded by public letting in accordance with the following
provisions, notwithstanding any contrary provision of section ONE
HUNDRED TWELVE, one hundred thirty-five, one hundred thirty-six, one
hundred thirty-nine or one hundred forty of the state finance law OR ANY
OTHER LAW, provided, however, that where the estimated expense of any
contract which may be awarded pursuant to this subdivision is less than
TWO HUNDRED fifty thousand dollars, a performance bond and a bond for
the payment of labor and material may, in the discretion of the fund,
not be required, and except that in the discretion of the fund, a
contract may be entered into for such purposes without public letting
where the estimated expense thereof is less than twenty thousand
dollars, or where in the judgment of the fund an emergency condition
exists as a result of damage to an existing academic building, dormitory
or other facility which has been caused by an act of God, fire or other
casualty, or any other unanticipated, sudden and unexpected occurrence,
that has resulted in damage to or a malfunction in an existing academic
building, dormitory or other facility and involves a pressing necessity
for immediate repair, reconstruction or maintenance in order to permit
the safe continuation of the use or function of such facility, or to
protect the facility or the life, health or safety of any person, and
the nature of the work is such that in the judgment of the fund it would
be impractical and against the public interest to have public letting;
provided, however, that the fund, prior to awarding a contract hereunder
because of an emergency condition notify the comptroller of its intent
to award such a contract:
S. 2808--B 44
a. [If contracts are to be publicly let, the] THE letting agency shall
advertise the invitation to bid OR THE REQUEST FOR PROPOSALS in [a news-
paper published in the city of Albany and in] such [other newspapers]
NEWSPAPER as will be most likely in its opinion to give adequate notice
to contractors of the work required [and of the invitation to bid]
provided, however, that where the estimated expense of any contract
which may be awarded pursuant to this subdivision is less than TWO
HUNDRED fifty thousand dollars, the letting agency may advertise the
invitation to bid solely through the procurement opportunities newslet-
ter published pursuant to section one hundred forty-two of the economic
development law. The invitation to bid OR REQUEST FOR PROPOSALS shall
contain such information as the letting agency shall deem appropriate
[and a statement of the time and place where all bids received pursuant
to such notice will be publicly opened and read].
b. The letting agency shall not award any contract after public
bidding except to the lowest bidder who in its opinion is qualified to
perform the work required and is responsible and reliable. The letting
agency may, however, reject any or all bids, again advertise for bids,
or waive any informality in a bid if it believes that the public inter-
est will be promoted thereby.
c. The invitation to bid, REQUEST FOR PROPOSALS and the contract
awarded shall contain such other terms and conditions, and such
provisions for penalties, as the letting agency may deem desirable.
d. [The form of any] ANY contract awarded pursuant to this subdivision
shall [be approved by the attorney general and by the comptroller and
shall] contain a clause that the contract shall be deemed executory to
the extent of the moneys available and that no liability shall be
incurred by the fund beyond the moneys available therefor.
e. The letting agency shall require such deposits, bonds and security
in connection with the submission of bids OR REQUEST FOR PROPOSALS, the
award of contracts and the performance of work as it shall determine to
be in the public interest and for the protection of the state, the state
university, the fund and the letting agency.
f. Notwithstanding the provisions of any other law to the contrary,
all contracts for public work awarded by the state university
construction fund pursuant to this subdivision shall be in accordance
with section one hundred thirty-nine-f of the state finance law.
G. EXCEPT AS PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE FUND AND ITS REPRESENTED EMPLOYEES, ALL WORK CURRENTLY PERFORMED BY
REPRESENTED EMPLOYEES OF THE FUND UPON THE EFFECTIVE DATE OF THIS PARA-
GRAPH SHALL CONTINUE TO BE PERFORMED BY SUCH EMPLOYEES. NOTHING IN THE
CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH ADDED THIS PARAGRAPH
SHALL RESULT IN A DISPLACEMENT OF ANY CURRENTLY EMPLOYED REPRESENTED
WORKER OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH AS A
REDUCTION IN WORK HOURS, WAGES OR OTHER BENEFITS.
S 7. Subdivision 4 of section 377 of the education law, as added by
chapter 624 of the laws of 1999, is amended to read as follows:
4. Monies received by the fund, FOR ALL OF ITS OPERATING AND ADMINIS-
TRATIVE COSTS OR in connection with approved university-related economic
development facilities, [other than state appropriations to the fund,]
may be deposited in a general account and other such accounts as the
fund may deem necessary, for the transaction of its business [or in
relation to construction or property management activities undertaken in
connection with such projects] and shall be paid out on checks signed by
the chairman of the fund or such other person or persons as the trustees
of the fund may authorize.
S. 2808--B 45
S 8. Subdivision 14 of section 130 of the civil service law, as added
by chapter 685 of the laws of 1995, is amended to read as follows:
14. Notwithstanding any foregoing provisions of this section to the
contrary, wage rates and/or pay differentials paid by the state PURSUANT
TO SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED FIFTY-FIVE-A OF THE
EDUCATION LAW, AS ADDED BY CHAPTER SIX HUNDRED EIGHTY-FIVE OF THE LAWS
OF NINETEEN HUNDRED NINETY-FIVE, to teaching and research center nurses
of the state university of New York [pursuant to subdivision thirteen of
section three hundred fifty-five-a of the education law] may be based on
a study of representative peer institutions in private or other public
hospitals in the same geographic area as a hospital of the state univer-
sity which shows that WAGE RATES AND/OR pay differentials of nurses
employed by such peer institutions are higher than the wage rates and/or
pay differentials paid by the state to teaching and research center
nurses of the state university. Whenever, in the opinion of the chief
administrative officer of the health science centers at which teaching
and research center nurses are employed, additional compensation for
such employees is necessary to maintain adequate support to protect the
health, safety and welfare of patients, such chief administrative offi-
cer OR PRESIDENT shall request the state university board of trustees to
conduct such a study.
S 9. Subdivision 6 of section 350 of the education law, as added by
chapter 363 of the laws of 1998, is amended to read as follows:
6. "Clinic" shall mean a facility LICENSED UNDER ARTICLE TWENTY-EIGHT
OF THE PUBLIC HEALTH LAW AS A DIAGNOSTIC AND TREATMENT CENTER WHICH IS
located either within or outside of a state university health care
facility providing services related to the medical education mission of
the university, but shall not include state university student health
services.
S 10. Paragraph b of subdivision 16 of section 355 of the education
law, as added by chapter 363 of the laws of 1998, is amended to read as
follows:
b. Notwithstanding the provisions of subdivision two of section one
hundred twelve of the state finance law [relating to the dollar thresh-
old requiring the comptroller's approval of contracts and], subdivision
six of section one hundred sixty-three of the state finance law[,] AND
SECTION SIXTY-THREE OF THE EXECUTIVE LAW, (I) authorize contracts for
the purchase of goods [and services] for state university health care
facilities WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY,
INCLUDING CONTRACTS:
[(1) for any contract which does not exceed seventy-five thousand
dollars; or
(2)] for joint or group purchasing [arrangements which do not exceed
seventy-five thousand dollars without prior approval by any other state,
officer or agency] OF GOODS, in accordance with procedures and require-
ments found in paragraph a of subdivision five of this section, AND (II)
AUTHORIZE CONTRACTS FOR JOINT OR GROUP PURCHASING OF SERVICES WHICH DO
NOT EXCEED SEVENTY-FIVE THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY
OTHER STATE, OFFICER OR AGENCY IN ACCORDANCE WITH PROCEDURES AND
REQUIREMENTS FOUND IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION.
[(3) contracts] CONTRACTS authorized [hereunder] PURSUANT TO THIS
PARAGRAPH shall be subject to article fourteen of the civil service law
and the applicable provisions of agreements between the state and
employee organizations pursuant to article fourteen of the civil service
law.
S. 2808--B 46
The trustees are authorized to negotiate annually with the state comp-
troller increases in the aforementioned dollar [limits] LIMIT.
S 11. Notwithstanding any inconsistent provision in section 8 of the
court of claims act, subdivision 10 of section 355 of the education law
or any other provision of law, a state university health care facility
may include in a contract authorized by paragraph a of subdivision 16 of
section 355 of the education law, other than a contract with state
employees relating to terms and conditions of their employment, a
provision that some or all disputes arising under or related to such
contract shall be resolved by binding arbitration in accordance with the
rules of a nationally-recognized arbitration association.
S 12. This act shall take effect immediately provided that the amend-
ments to section 163 of the state finance law made by sections three and
four of this act shall not affect the repeal of such section and shall
be deemed repealed therewith.
PART E
Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of
paragraph a of subdivision 3 of section 667 of the education law, as
amended by section 1 of part B of chapter 60 of the laws of 2000, is
amended and a new subitem (d) is added to read as follows:
(c) For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars[.]; OR
(D) FOR UNDERGRADUATE STUDENTS ENROLLED IN A PROGRAM OF STUDY AT A
PUBLIC OR NON-PUBLIC DEGREE-GRANTING INSTITUTION THAT DOES NOT OFFER A
PROGRAM OF STUDY THAT LEADS TO A BACCALAUREATE DEGREE, OR AT A REGIS-
TERED NOT-FOR-PROFIT BUSINESS SCHOOL QUALIFIED FOR TAX EXEMPTION UNDER
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME TAX
PURPOSES THAT DOES NOT OFFER A PROGRAM OF STUDY THAT LEADS TO A BACCA-
LAUREATE DEGREE, FOUR THOUSAND DOLLARS. PROVIDED, HOWEVER, THAT THIS
SUBITEM SHALL NOT APPLY TO STUDENTS ENROLLED IN A PROGRAM OF STUDY LEAD-
ING TO A CERTIFICATE OR DEGREE IN NURSING.
S 2. This act shall take effect July 1, 2011.
PART F
Intentionally omitted.
PART G
Section 1. Paragraphs b and c of subdivision 6 of section 661 of the
education law are REPEALED and two new paragraphs b and c are added to
read as follows:
B. A STUDENT WHO IS IN DEFAULT ON A STUDENT LOAN MADE UNDER ANY STAT-
UTORY NEW YORK STATE OR FEDERAL EDUCATION LOAN PROGRAM SHALL BE INELIGI-
BLE TO RECEIVE ANY AWARD OR LOAN PURSUANT TO THIS ARTICLE UNTIL THE
STUDENT CURES THE DEFAULT STATUS PURSUANT TO APPLICABLE LAW AND REGU-
LATION.
C. A STUDENT WHO HAS FAILED TO COMPLY WITH THE TERMS OF ANY SERVICE
CONDITION IMPOSED BY AN AWARD MADE PURSUANT TO THIS ARTICLE OR HAS
FAILED TO REPAY AN AWARD MADE PURSUANT TO THIS ARTICLE, AS REQUIRED BY
PARAGRAPH A OF SUBDIVISION FOUR OF SECTION SIX HUNDRED SIXTY-FIVE OF
THIS SUBPART, SHALL BE INELIGIBLE TO RECEIVE ANY AWARD OR LOAN PURSUANT
TO THIS ARTICLE SO LONG AS SUCH FAILURE TO COMPLY OR REPAY CONTINUES.
S. 2808--B 47
S 2. This act shall take effect July 1, 2011; provided that the
provisions of this act shall apply to any student who is in default in
the repayment of any student loan or under the terms of any award pursu-
ant to article 14 of the education law.
PART H
Section 1. Subclause 1 of clause (A) of subparagraph (i) of paragraph
a of subdivision 3 of section 667 of the education law, as amended by
section 1 of part B of chapter 60 of the laws of 2000, is amended to
read as follows:
(1) In the case of students who have not been granted an exclusion of
parental income or had a dependent for income tax purposes during the
tax year next preceding the academic year for which application is made,
EXCEPT FOR THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT:
(a) For students first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two thousand--two thou-
sand one, four thousand one hundred twenty-five dollars; or
(b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, three thousand five hundred
seventy-five dollars; or
(c) For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars.
S 2. Subclause 2 of clause (A) of subparagraph (i) of paragraph a of
subdivision 3 of section 667 of the education law, as amended by section
1 of part B of chapter 60 of the laws of 2000, is amended to read as
follows:
(2) In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph AND THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLU-
SION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT.
(a) For students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
teen hundred ninety-six and thereafter, three thousand twenty-five
dollars, or
(b) For students first receiving aid in nineteen hundred ninety-two--
nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
teen hundred ninety-four, two thousand five hundred seventy-five
dollars, or
(c) For students first receiving aid in nineteen hundred ninety-one--
nineteen hundred ninety-two or earlier, two thousand four hundred fifty
dollars; or
S 3. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
(iii) (A) For students who have been granted exclusion of parental
income and were single with no dependent for income tax purposes during
the tax year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
[(A)] (1) Less than three thousand None
S. 2808--B 48
dollars
[(B)] (2) Three thousand dollars or Thirty-one per centum of
more, but not more than ten amount in excess of three
thousand dollars thousand dollars
(B) FOR THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT, FOR INCOME TAX PURPOSES
DURING THE TAX YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH APPLICA-
TION IS MADE, THE BASE AMOUNT, AS DETERMINED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
AMOUNT OF INCOME SCHEDULE OF REDUCTION
OF BASE AMOUNT
(1) LESS THAN SEVEN THOUSAND NONE
DOLLARS
(2) SEVEN THOUSAND DOLLARS OR SEVEN PER CENTUM OF EXCESS
MORE, BUT LESS THAN ELEVEN OVER SEVEN THOUSAND DOLLARS
THOUSAND DOLLARS
(3) ELEVEN THOUSAND DOLLARS OR TWO HUNDRED EIGHTY DOLLARS
MORE, BUT LESS THAN EIGHTEEN PLUS TEN PER CENTUM OF EXCESS
THOUSAND DOLLARS OVER ELEVEN THOUSAND DOLLARS
(4) EIGHTEEN THOUSAND DOLLARS OR NINE HUNDRED EIGHTY DOLLARS
MORE, BUT NOT MORE THAN FORTY PLUS TWELVE PER CENTUM OF
THOUSAND DOLLARS EXCESS OVER EIGHTEEN
THOUSAND DOLLARS
S 4. This act shall take effect July 1, 2011.
PART I
Section 1. Subparagraphs (i), (ii), (iii) and (iv) of paragraph c of
subdivision 6 of section 665 of the education law, subparagraphs (i),
(ii) and (iii) as added by section 3 of part E-1 of chapter 57 of the
laws of 2007 and subparagraph (iv) as amended by section 2 of part I of
chapter 57 of the laws of 2008, are amended to read as follows:
(i) For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
thereafter, and enrolled in four-year or five-year undergraduate
programs whose terms are organized in semesters:
Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
Certified
for This
Payment
A Student Must 0 3 9 21 33 45 60 75 90 105
Have Accrued at
Least This
Many Credits
With At Least 0 1.1 1.2 1.3 2.0 2.0 2.0 2.0 2.0 2.0
This Grade
Point Average
S. 2808--B 49
(ii) For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
thereafter, and enrolled in two-year undergraduate programs whose terms
are organized in semesters:
Before Being 1 2 3 4 5 6
Certified
for This
Payment
A Student 0 3 9 18 30 45
Must Have
Accrued at
Least This
Many Credits
With at Least 0 .5 .75 1.3 2.0 2.0
This Grade
Point Average
(iii) For students first receiving aid in two thousand seven--two
thousand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND
TEN, AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDI-
VISION WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT,
and thereafter, and enrolled in four-year or five-year undergraduate
programs whose terms are organized on a trimester basis:
Before Being 1 2 3 4 5 6 7 8
Certified
for This
Payment
A Student 0 2 4 9 17 25 33 40
Must Have
Accrued at
Least This
Many Credits
With At Least 0 1.1 1.1 1.2 1.2 1.3 2.0 2.0
This Grade
Point Average
and,
Before Being 9 10 11 12 13 14 15
Certified
for This
Payment
A Student 50 60 70 80 90 100 110
Must Have
Accrued at
Least This
Many Credits
S. 2808--B 50
With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0
This Grade
Point Average
(iv) For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
thereafter, and enrolled in two-year undergraduate programs whose terms
are organized on a trimester basis:
Before Being 1 2 3 4 5 6 7 8 9
Certified
for This
Payment
A Student 0 2 4 9 15 21 30 37 45
Must Have
Accrued at
Least This
Many Credits
With At Least 0 .5 .5 .75 .75 1.3 2.0 2.0 2.0
This Grade
Point Average
S 2. Paragraph c of subdivision 6 of section 665 of the education law
is amended by adding four new subparagraphs (v), (vi), (vii) and (viii)
to read as follows:
(V) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOUSAND
ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
IZED IN SEMESTERS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH 10TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 6 15 27 39 51 66 81 96 111
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.5 1.8 1.8 2.0 2.0 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(VI) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A TWO-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED IN SEMES-
TERS:
S. 2808--B 51
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 6 15 27 39 51
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.3 1.5 1.8 2.0 2.0
THIS GRADE
POINT AVERAGE
(VII) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
IZED ON A TRIMESTER BASIS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 4 8 14 22 30 38 46
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.1 1.5 1.5 1.8 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
AND,
BEFORE BEING 9TH 10TH 11TH 12TH 13TH 14TH 15TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 56 66 76 86 96 106 116
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 2.0 2.0 2.0 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(VIII) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
S. 2808--B 52
IN A TWO-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED ON A
TRIMESTER BASIS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 2 6 14 22 30 38 46 54
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.0 1.3 1.5 1.5 1.8 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
S 3. Subdivision 6 of section 665 of the education law is amended by
adding a new paragraph d to read as follows:
D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, A REMEDIAL STUDENT
SHALL MEAN A STUDENT CARRYING A FULL-TIME PROGRAM: (A) WHOSE SCORES ON A
RECOGNIZED COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED STANDARDIZED
EXAM INDICATE THE NEED FOR REMEDIATION, AS CERTIFIED BY THE APPROPRIATE
COLLEGE OFFICIAL AND APPROVED BY THE COMMISSIONER, AND WHO IS ENROLLED
IN UP TO NINE SEMESTER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED
BY THE COMMISSIONER, IN THEIR FIRST TERM OF STUDY, AND UP TO SIX SEMES-
TER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED BY THE COMMISSION-
ER, IN EACH TERM THEREAFTER; OR (B) WHO IS ENROLLED IN THE HIGHER EDUCA-
TION OPPORTUNITY PROGRAM (HEOP), THE EDUCATION OPPORTUNITY PROGRAM
(EOP), THE SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK) PROGRAM,
OR THE COLLEGE DISCOVERY PROGRAM. STUDENTS WHO QUALIFY FOR ANY OF THESE
STATED CONDITIONS SHALL REMAIN SUBJECT TO THE APPLICABLE ACADEMIC STAND-
ARDS CRITERIA PURSUANT TO SUBPARAGRAPHS (I), (II), (III), AND (IV) OF
PARAGRAPH C OF THIS SUBDIVISION.
S 4. This act shall take effect July 1, 2011.
PART J
Section 1. Subdivision 2 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
2. Duration. No undergraduate shall be eligible for more than four
academic years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of higher educa-
tion and intended to culminate in a degree in undergraduate study shall,
for purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate student enrolled
in an eligible two year program of study approved by the commissioner
shall be eligible for no more than three academic years of study. [No
graduate student shall be eligible for more than four academic years of
study provided, however, that no graduate student shall be eligible for
more than one degree program at the master's, first professional or
doctorate level. No student shall be eligible for a total of more than
the equivalent of eight years of combined undergraduate and graduate
study.] Any semester, quarter, or term of attendance during which a
S. 2808--B 53
student receives any award under this article, after the effective date
of the former scholar incentive program and prior to academic year nine-
teen hundred eighty-nine--nineteen hundred ninety, shall be counted
toward the maximum term of eligibility for tuition assistance under this
section, except that any semester, quarter or term of attendance during
which a student received an award pursuant to section six hundred
sixty-six of this [article] SUBPART shall be counted as one-half of a
semester, quarter or term, as the case may be, toward the maximum term
of eligibility under this section. Any semester, quarter or term of
attendance during which a student received an award pursuant to section
six hundred sixty-seven-a of this [article] SUBPART shall not be counted
toward the maximum term of eligibility under this section.
S 2. Paragraph c of subdivision 3 of section 667 of the education law
is REPEALED and paragraph d is relettered paragraph c.
S 3. Subdivision 5 of section 663 of the education law, as amended by
chapter 622 of the laws of 2008, is amended to read as follows:
5. Adjustments of income. [(a) Except for purposes of paragraphs a and
b of subdivision three of section six hundred sixty-seven of this part
if, during the academic year in which the applicant will receive an
award, one or more of either the parents of the applicant or other
dependent children of such parents, the spouse of the applicant, or one
or more dependent children of the applicant, in addition to the appli-
cant, will be in full-time attendance in an approved program, the
combined net taxable income determined under subdivision one of this
section shall be divided by the total number of the aforesaid persons
(including the applicant) who will be in such attendance, and the
resulting quotient shall be deemed the applicable income in determining
the applicant's award for such academic year.
(b)] In the determination of income for purposes of paragraphs a and b
of subdivision three of section six hundred sixty-seven of this part if,
during the academic year in which the applicant will receive an award,
one of either the parents of the applicant or other dependent child of
such parents, the spouse of the applicant, or one or more dependent
children of the applicant, in addition to the applicant, will be in
full-time attendance in an approved program, the combined net taxable
income determined under subdivision one of this section shall be reduced
by three thousand dollars and an additional two thousand dollars for
each other such person additional to the aforesaid persons (including
the applicant) who will be in such attendance, and the resulting amount
shall be deemed the applicable income in determining the applicant's
award for the academic year.
S 4. Paragraph a of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977, is amended to read as
follows:
a. In determining the amount of an award for [graduate and undergradu-
ate] students, the income of the parents shall be excluded if the
student has been emancipated from his parents.
S 5. The opening paragraph of subparagraph 1 of paragraph b of subdi-
vision 3 of section 663 of the education law, as amended by chapter 101
of the laws of 1992, is amended to read as follows:
The applicant is a student who was married on or before December thir-
ty-first of the calendar year prior to the beginning of the academic
year for which application is made or is an undergraduate student who
has reached the age of twenty-two on or before June thirtieth prior to
the academic year for which application is made [or is a graduate
student,] and who, during the calendar year next preceding the semester,
S. 2808--B 54
quarter or term of attendance for which application is made and at all
times subsequent thereto up to and including the entire period for which
application is made:
S 6. Paragraph d of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977, is amended to read as
follows:
d. Any [graduate or] undergraduate student who was allowed to exclude
parental income pursuant to the provisions of subdivision three of
section six hundred three of this chapter as they existed prior to July
first, nineteen hundred seventy-four may continue to exclude such income
for so long as he continues to comply with such provisions.
S 7. This act shall take effect July 1, 2011.
PART K
Section 1. Section 17 of chapter 31 of the laws of 1985, amending the
education law relating to regents scholarships in certain professions,
as amended by section 1 of part I of chapter 57 of the laws of 2008, is
amended to read as follows:
S 17. This act shall take effect immediately; provided, however, that
the scholarship and loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon the granting of such
awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
PHYSICIAN LOAN FORGIVENESS PROGRAM ESTABLISHED PURSUANT TO THIS ACT
SHALL NOT TERMINATE UNTIL THE GRANTING OF SUCH AWARDS FOR THE 2015-16
SCHOOL YEAR, PROVIDED THAT THE FINAL DISBURSEMENT OF ANY MULTI-YEAR
AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date and in the same
manner as part I of chapter 57 of the laws of 2008, takes effect.
PART L
Section 1. Section 3 of part V of chapter 57 of the laws of 2005
amending the education law relating to the New York state nursing facul-
ty loan forgiveness incentive program and the New York state nursing
faculty scholarship program, as added by section 4 of part D of chapter
63 of the laws of 2005, is amended to read as follows:
S 3. This act shall take effect on the same date and in the same
manner as Part H of [a] THIS chapter [of the laws of 2005 amending the
labor law and other laws relating to implementing the state fiscal plan
for the 2005-2006 state fiscal year, as proposed in legislative bill
numbers S.3667 and A.6841, takes effect]; provided that section two of
this act shall take effect on the same date and in the same manner as
Part I of [a] THIS chapter [of the laws of 2005 amending the labor law
and other laws relating to implementing the state fiscal plan for the
2005-2006 state fiscal year, as proposed in legislative bill numbers
S.3667 and A.6841, takes effect]; and provided further that this act
shall expire and be deemed repealed on June 30, [2010] 2016.
S 2. This act shall take effect immediately.
PART M
Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005, amending the education law and other laws relating to the social
worker loan forgiveness program is amended to read as follows:
S. 2808--B 55
(a) section two of this act shall expire and be deemed repealed June
30, [2011] 2016; and provided, further that the amendment to paragraph b
of subdivision 1 of section 679-c and the amendment to paragraph 2 of
subdivision a of section 679-d of the education law made by sections
three and four of this act shall not affect the repeal of such sections
and shall be deemed repealed therewith;
S 2. This act shall take effect immediately.
PART N
Section 1. Paragraph (b) of subdivision 12 of section 425 of the real
property tax law, as added by section 1 of part B of chapter 389 of the
laws of 1997, is amended and a new paragraph (d) is added to read as
follows:
(b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive or final assessment roll. The provisions of section five hundred
fifty-one or five hundred fifty-three of this chapter, relating to the
entry by the assessor of omitted real property on a tentative or final
assessment roll, shall apply so far as practicable to the revocation
procedure, except that the tax rate to be applied to any revoked
exemption shall be the tax rate that was applied to the corresponding
assessment roll, AND THAT INTEREST SHALL THEN BE ADDED TO EACH SUCH
PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE HUNDRED TWENTY-FOUR-A OF
THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLICABLE FOR EACH MONTH OR
PORTION THEREON SINCE THE LEVY OF TAXES UPON THE ASSESSMENT ROLL OR
ROLLS UPON WHICH THE EXEMPTION WAS GRANTED.
(D) APPLICABILITY. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
APPLICABLE TO THE EXTENT THAT THE PRIOR EXEMPTIONS SHALL HAVE BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
S 2. The real property tax law is amended by adding a new section 496
to read as follows:
S 496. VOLUNTARILY RENUNCIATION OF AN EXEMPTION. 1. A PROPERTY OWNER
WHO WISHES TO GIVE UP HIS OR HER CLAIM TO AN EXEMPTION ON ONE OR MORE
PRECEDING ASSESSMENT ROLLS MAY RENOUNCE THE EXEMPTION IN THE MANNER
PROVIDED BY THIS SECTION.
2. AN APPLICATION TO RENOUNCE AN EXEMPTION SHALL BE MADE ON A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE COUNTY DIREC-
TOR OF REAL PROPERTY TAX SERVICES NO LATER THAN TWENTY YEARS AFTER THE
LEVY OF TAXES UPON THE ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION
APPEARS. THE COUNTY DIRECTOR, AFTER CONSULTING WITH THE ASSESSOR AS
APPROPRIATE, SHALL COMPUTE THE TOTAL AMOUNT OWED ON ACCOUNT OF THE
RENOUNCED EXEMPTION AS FOLLOWS:
(A) FOR EACH ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION APPEARS,
THE ASSESSED VALUE THAT WAS EXEMPTED SHALL BE MULTIPLIED BY THE TAX RATE
OR RATES THAT WERE APPLIED TO THAT ASSESSMENT ROLL. INTEREST SHALL THEN
BE ADDED TO EACH SUCH PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE
HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLI-
CABLE FOR EACH MONTH OR PORTION THEREON SINCE THE LEVY OF TAXES UPON
SUCH ASSESSMENT ROLL.
(B) THE SUM OF THE CALCULATIONS MADE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION WITH RESPECT TO ALL OF THE ASSESSMENT ROLLS IN QUESTION
SHALL BE DETERMINED.
(C) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED TO THE SUM
DETERMINED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
S. 2808--B 56
3. AFTER COMPUTING THE TOTAL AMOUNT DUE ON ACCOUNT OF THE RENOUNCED
EXEMPTION, THE COUNTY DIRECTOR SHALL RETURN THE FORM TO THE APPLICANT
WITH THE TOTAL AMOUNT DUE NOTED THEREON. A COPY OF SUCH FORM SHALL BE
PROVIDED TO THE ASSESSOR, AND IN THE CASE OF THE STAR EXEMPTION, TO THE
COMMISSIONER. WITHIN FIFTEEN DAYS AFTER THE MAILING OF SUCH FORM, THE
APPLICANT SHALL PAY THE TOTAL AMOUNT DUE AS SHOWN THEREON TO THE COUNTY
TREASURER, WHO SHALL ISSUE A RECEIPT FOR SUCH PAYMENT. AFTER DEDUCTING
THE PROCESSING FEE, THE COUNTY TREASURER SHALL DISTRIBUTE THE AMOUNT
COLLECTED AMONG THE AFFECTED MUNICIPAL CORPORATIONS ACCORDING TO THE
TAXES AND INTEREST OWING TO EACH, PROVIDED THAT IN THE CASE OF THE STAR
EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
CLE, THE AMOUNT COLLECTED, INCLUDING INTEREST, SHALL BE PAID TO THE
STATE IN THE MANNER DIRECTED BY THE COMMISSIONER.
4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, AN EXEMPTION MAY BE RENOUNCED
ON A FORM PRESCRIBED BY THE COMMISSIONER OF FINANCE, AND THE DUTIES
IMPOSED BY THIS SECTION UPON THE COUNTY TREASURER SHALL BE PERFORMED BY
THE COMMISSIONER OF FINANCE.
S 3. Paragraph (e) of subdivision 3 of section 550 of the real proper-
ty tax law, as added by chapter 160 of the laws of 1988, is amended to
read as follows:
(e) an incorrect entry of a partial exemption on an assessment roll
for a parcel which is not eligible for such partial exemption; PROVIDED
THAT THE EXEMPTION HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR
HUNDRED NINETY-SIX OF THIS CHAPTER; or
S 4. Paragraph (f-1) of subdivision 1 of section 553 of the real prop-
erty tax law, as added by chapter 616 of the laws of 2002, is amended to
read as follows:
(f-1) an incorrect entry of a partial exemption on the immediately
preceding year's assessment roll for a parcel which was not eligible for
such exemption, provided that there has not been a transfer of title
subsequent to the filing of such roll AND PROVIDED FURTHER THAT THE
EXEMPTION HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINE-
TY-SIX OF THIS CHAPTER;
S 5. Subdivision 2 of section 1306-a of the real property tax law, as
added by section 16 of part B of chapter 389 of the laws of 1997, is
amended to read as follows:
2. Tax savings. (A)(I) The tax savings for each parcel receiving the
exemption authorized by section four hundred twenty-five of this chapter
shall be computed by subtracting the amount actually levied against the
parcel from the amount that would have been levied if not for the
exemption, PROVIDED HOWEVER, THAT BEGINNING WITH THE TWO THOUSAND
ELEVEN-TWO THOUSAND TWELVE SCHOOL YEAR, THE TAX SAVINGS APPLICABLE TO
ANY "PORTION" (WHICH AS USED HEREIN SHALL MEAN THAT PART OF AN ASSESSING
UNIT LOCATED WITHIN A SCHOOL DISTRICT) SHALL NOT EXCEED THE TAX SAVINGS
APPLICABLE TO THAT PORTION IN THE PRIOR SCHOOL YEAR MULTIPLIED BY ONE
HUNDRED TWO PERCENT, WITH THE RESULT ROUNDED TO THE NEAREST DOLLAR. THE
TAX SAVINGS ATTRIBUTABLE TO THE BASIC AND ENHANCED EXEMPTIONS SHALL BE
CALCULATED SEPARATELY. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSION-
ER TO CALCULATE TAX SAVINGS LIMITATIONS FOR PURPOSES OF THIS
SUBDIVISION.
(II) THE TAX SAVINGS APPLICABLE TO A PORTION FOR THE TWO THOUSAND
TEN-TWO THOUSAND ELEVEN SCHOOL YEAR SHALL BE DETERMINED BY MULTIPLYING
THE EXEMPT AMOUNT APPLICABLE TO THE PORTION FOR THE TWO THOUSAND TEN-TWO
THOUSAND ELEVEN SCHOOL YEAR BY THE TAX RATE APPLICABLE TO THE PORTION
S. 2808--B 57
FOR THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR, WITH SEPARATE
CALCULATIONS FOR THE BASIC AND ENHANCED EXEMPTIONS.
(III) WHERE A SCHOOL TAX RATE WAS CHANGED IN THE MIDST OF THE PRIOR
SCHOOL YEAR, AN ANNUALIZED SCHOOL TAX RATE SHALL BE USED FOR THIS
PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
CALCULATING THE AVERAGE OF THE TAX RATES IN EFFECT AT VARIOUS TIMES
DURING THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME DURING
WHICH THEY WERE RESPECTIVELY APPLICABLE.
(B) A statement shall then be placed on the tax bill for the parcel in
substantially the following form: "Your tax savings this year resulting
from the New York state school tax relief (STAR) program is $_______."
S 6. Section 171-u of the tax law is amended by adding a new subdivi-
sion 5 to read as follows:
(5)(A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER MAY ADOPT RULES PRESCRIBING A UNIFORM STATEWIDE SYSTEM OF
PARCEL IDENTIFICATION NUMBERS AND A UNIFORM STATEWIDE ASSESSMENT CALEN-
DAR APPLICABLE TO ALL "ASSESSING UNITS", AS THAT TERM IS DEFINED BY
SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW, PROVIDED THAT NO
SUCH RULE SHALL APPLY TO AN ASSESSMENT ROLL WITH A TAXABLE STATUS DATE
OCCURRING PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN. THE RULES SO
PRESCRIBED SHALL TAKE PRECEDENCE OVER ANY AND ALL GENERAL, SPECIAL AND
LOCAL LAWS, ORDINANCES AND RESOLUTIONS TO THE CONTRARY.
(B) THE UNIFORM STATEWIDE ASSESSMENT CALENDAR SO PRESCRIBED SHALL
PROVIDE FOR A UNIFORM VALUATION DATE, A UNIFORM TAXABLE STATUS DATE, A
UNIFORM DATE FOR THE FILING OF TENTATIVE ASSESSMENT ROLLS, A UNIFORM
DATE FOR THE HEARING OF COMPLAINTS ON TENTATIVE ASSESSMENTS, AND A
UNIFORM DATE FOR THE FILING OF FINAL ASSESSMENT ROLLS. THE CALENDAR MAY
NOT, HOWEVER, OVERRIDE THE DATES OTHERWISE SET BY LAW FOR THE LEVY OR
COLLECTION OF TAXES, NOR MAY IT OVERRIDE THE DATES OTHERWISE SET BY LAW
FOR LOCAL FISCAL YEARS TO BEGIN OR END.
(C) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, THE
COMMISSIONER MAY, AT HIS OR HER DISCRETION, ADOPT RULES THAT ARE APPLI-
CABLE ONLY TO "SPECIAL ASSESSING UNITS," AS THAT TERM IS DEFINED BY
SECTION EIGHTEEN HUNDRED ONE OF THE REAL PROPERTY TAX LAW, WHICH
PRESCRIBE AN ALTERNATIVE SYSTEM OF PARCEL IDENTIFICATION NUMBERS AND AN
ALTERNATIVE ASSESSMENT CALENDAR SOLELY FOR SUCH SPECIAL ASSESSING UNITS.
S 7. This act shall take effect immediately.
PART O
Section 1. Paragraph c of subdivision 1 of section 4405 of the educa-
tion law, paragraph c as added by section 2 of part G2 of chapter 62 of
the laws of 2003, is amended to read as follows:
c. Expenditures made by a social services district for the maintenance
of a child with a disability placed in a residential school under the
provisions of this article, including a child with a disability placed
by a school district committee on special education pursuant to this
article in a special act school district, or a state school subject to
the provisions of articles eighty-seven and eighty-eight of this chap-
ter, shall be subject to [twenty] TWENTY-EIGHT AND FOUR HUNDREDTHS
percent reimbursement by the child's school district of residence pursu-
ant to the provisions of subdivision ten of section one hundred fifty-
three of the social services law. The amount of such reimbursement shall
be a charge upon such school district of residence.
S. 2808--B 58
S 2. Subdivision 10 of section 153 of the social services law, as
amended by section 1 of part G2 of chapter 62 of the laws of 2003, is
amended to read as follows:
10. Expenditures made by a social services district for the mainte-
nance of children with disabilities, placed by school districts, pursu-
ant to section forty-four hundred five of the education law shall, if
approved by the office of children and family services, be subject to
[forty percent reimbursement by the state and twenty] TWENTY-EIGHT AND
FOUR HUNDREDTHS PERCENT REIMBURSEMENT BY THE STATE AND TWENTY-EIGHT AND
FOUR HUNDREDTHS percent reimbursement by school districts in accordance
with paragraph (c) of subdivision one of section forty-four hundred five
of the education law, after first deducting therefrom any federal funds
received or to be received on account of such expenditures, except that
in the case of a student attending a state-operated school for the deaf
or blind pursuant to article eighty-seven or eighty-eight of the educa-
tion law who was not placed in such school by a school district such
expenditures shall be subject to fifty percent reimbursement by the
state after first deducting therefrom any federal funds received or to
be received on account of such expenditures and there shall be no
reimbursement by school districts. Such expenditures shall not be
subject to the limitations on state reimbursement contained in subdivi-
sion two of section one hundred fifty-three-k of this [chapter] TITLE.
In the event of the failure of the school district to make the mainte-
nance payment pursuant to the provisions of this subdivision, the state
comptroller shall withhold state reimbursement to any such school
district in an amount equal to the unpaid obligation for maintenance and
pay over such sum to the social services district upon certification of
the commissioner of the office of children and family services and the
commissioner of education that such funds are overdue and owed by such
school district. The commissioner of the office of children and family
services, in consultation with the commissioner of education, shall
promulgate regulations to implement the provisions of this subdivision.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2011;
provided, however, that the amendments to subdivision 10 of section 153
of the social services law made by section two of this act shall not
affect the expiration of such subdivision and shall expire therewith.
PART P
Intentionally omitted.
PART Q
SUBPART A
Intentionally omitted.
SUBPART B
Section 1. Subdivision 3 of section 502 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
3. "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three or seven of the family
court act, or held pending a hearing for alleged violation of the condi-
S. 2808--B 59
tions of release from [a division] AN OFFICE OF CHILDREN AND FAMILY
SERVICES facility or authorized agency, or held pending a hearing for
alleged violation of the condition of parole as a juvenile offender, or
held pending return to a jurisdiction other than the one in which the
youth is held, or held pursuant to a securing order of a criminal court
if the youth named therein as principal is charged as a juvenile offen-
der or held pending a hearing on an extension of placement or held pend-
ing transfer to a facility upon commitment or placement by a court. Only
alleged or convicted juvenile offenders who have not attained their
eighteenth birthday shall be subject to detention in a detention facili-
ty.
S 2. Subdivision 4, paragraphs (b) and (c) of subdivision 5 and subdi-
vision 7 of section 503 of the executive law, as amended by chapter 465
of the laws of 1992, are amended to read as follows:
4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall visit
and inspect all facilities used for detention and make periodic reports
of the operation and adequacy of such facilities, and the need for
provision of such facilities to the county executive, if there be one,
the county legislature and the family court judges of the county in
which such facilities are located, and the office of court adminis-
tration. The department of social services shall cooperate with the
division for youth to make arrangements for joint visitation and
inspection of foster care programs certified by the department of social
services and serving youth detained, in cities having a population of
one million or more, pursuant to article seven of the family court act.
(b) The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may suspend
a certification for good cause shown. Suspension shall mean that no
persons coming within the provisions of article three or seven of the
family court act and no alleged or convicted juvenile offender may be
received for care in a detention facility, but persons already in care
may remain in care. The [division] OFFICE may impose such conditions in
the event of a suspension as it shall deem necessary and proper.
(c) [The division] SUCH OFFICE may revoke a certification for good
cause shown. Revocation shall mean that no persons coming within the
provisions of article three or seven of the family court act and no
alleged or convicted juvenile offender may be received for care nor
remain at the detention facility.
7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility shall deliver a certified transcript of such record to the
[division] OFFICE, social services district, or other agency taking
custody of the youth pursuant to article three or seven of the family
court act, before, or at the same time as the youth is delivered to the
[division] OFFICE, district or other agency, as is appropriate.
S 3. Subdivisions 1, 2, 2-a, 3 and 4 of section 530 of the executive
law, subdivisions 1, 3 and 4 as amended by chapter 880 of the laws of
1976, subdivision 2 as amended by chapter 920 of the laws of 1982,
subdivision 2-a as added and paragraph (a) of subdivision 4 as amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a as amended by chapter 465 of the laws of 1992, and paragraph (c) of
subdivision 4 as added by chapter 169 of the laws of 1994, are amended
to read as follows:
1. Definitions. As used in this section, the [terms "local charge" and
"state charge" shall have the meaning ascribed to them in the social
services law] TERM "MUNICIPALITY" SHALL MEAN A COUNTY, OR A CITY HAVING
A POPULATION OF ONE MILLION OR MORE.
S. 2808--B 60
2. Expenditures made by [social services districts] MUNICIPALITIES in
providing care, maintenance and supervision to youth in detention facil-
ities designated pursuant to sections seven hundred twenty-four and
305.2 of the family court act and certified by the division for youth,
shall be subject to reimbursement by the state upon approval by the
division in accordance with its regulations, as follows:
(1) the full amount expended by the district for care, maintenance and
supervision of state charges;
(2) fifty percent of the amount expended for the care, maintenance and
supervision of local charges where counties conform with requirements of
subdivision B of section two hundred eighteen-a of the county law.
2-a. Expenditures made by the city of New York in providing care,
maintenance and supervision to youth detained pursuant to article seven
of the family court act in foster care facilities approved by the state
department of social services shall be subject to reimbursement by the
state upon the approval of the division, as follows:
(1) the full per diem rate set by the state department of social
services for such programs for the care, maintenance and supervision of
state charges;
(2) fifty percent of the per diem rate set by the state department of
social services for such programs for the care, maintenance and super-
vision of local charges. Notwithstanding the provisions of this subdi-
vision, section three hundred ninety-eight-a of the social services law
shall not apply to facilities certified by the division pursuant to
section five hundred three of this chapter. (A) MUNICIPALITIES SHALL
IMPLEMENT THE USE OF DETENTION RISK ASSESSMENT INSTRUMENTS IN A MANNER
PRESCRIBED BY THE OFFICE SO AS TO INFORM DETENTION DECISIONS. NOTWITH-
STANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, DATA NECES-
SARY FOR COMPLETION OF A DETENTION RISK ASSESSMENT INSTRUMENT AND CLAIM-
ING REIMBURSEMENT FOR DETENTION SHALL BE SHARED BETWEEN LAW ENFORCEMENT,
PROBATION, COURTS, DETENTION ADMINISTRATORS, AND DETENTION PROVIDERS,
AND A COPY OF THE COMPLETED DETENTION RISK ASSESSMENT INSTRUMENT SHALL
BE MADE AVAILABLE TO THE APPLICABLE DETENTION PROVIDER.
(B) A MUNICIPALITY MAY ALSO USE THE DETENTION SERVICES FUNDS UNDER
THIS SECTION FOR A PARTICULAR PROGRAM YEAR FOR FIFTY PERCENT STATE
REIMBURSEMENT FOR ALTERNATIVE TO DETENTION AND ALTERNATIVE TO RESIDEN-
TIAL PLACEMENT PROGRAMS PROVIDED DURING AN APPLICABLE PROGRAM YEAR TO
AT-RISK, ALLEGED OR ADJUDICATED JUVENILE DELINQUENTS IN COMMUNITY-BASED
NON-RESIDENTIAL SETTINGS. ANY CLAIMS SUBMITTED BY A MUNICIPALITY FOR
REIMBURSEMENT FOR DETENTION SERVICES OR ALTERNATIVE TO DETENTION OR
RESIDENTIAL PLACEMENT PROGRAMS PROVIDED DURING A PARTICULAR PROGRAM YEAR
FOR WHICH THE MUNICIPALITY DOES NOT RECEIVE STATE REIMBURSEMENT FROM THE
MUNICIPALITY'S DISTRIBUTION OF DETENTION SERVICES FUNDS FOR THAT PROGRAM
YEAR MAY BE CLAIMED AGAINST THE MUNICIPALITY'S DISTRIBUTION OF FUNDS
AVAILABLE UNDER THIS SECTION FOR THE NEXT APPLICABLE PROGRAM YEAR. THE
OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELECTRON-
ICALLY AT SUCH TIMES AND IN THE MANNER AND FORMAT REQUIRED BY THE
OFFICE.
3. Wherever detention services are not provided directly or indirectly
by a [social services district] MUNICIPALITY, the [district] MUNICI-
PALITY shall act as the intermediary between the [division] OFFICE OF
CHILDREN AND FAMILY SERVICES and the agency lawfully providing such
services, for the purpose of claiming and receiving reimbursement,
furnishing financial information and obtaining approval for reserved
accommodations pursuant to this section.
S. 2808--B 61
4. (a) The [social services districts] MUNICIPALITY must notify the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid
received under other state aid formulas by each detention facility, and,
in the city of New York, by each foster care facility which is providing
care, maintenance and supervision for which the [district] MUNICIPALITY
is seeking reimbursement pursuant to this section, including but not
limited to, aid for education, probation and mental health services.
(b) In computing reimbursement to the [social services districts]
MUNICIPALITY pursuant to this section, the [division] OFFICE shall
insure that the aggregate of state aid under all state aid formulas
shall not exceed fifty percent of the cost of care, maintenance and
supervision provided TO detainees, exclusive of federal aid for such
purposes.
(c) Reimbursement for administrative related expenditures as defined
by the [director of the division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, for secure and nonsecure detention services shall not
exceed seventeen percent of the total approved expenditures for facili-
ties of twenty-five beds or more and shall not exceed twenty-one percent
of the total approved expenditures for facilities with less than twen-
ty-five beds.
S 4. Subparagraphs 1 and 2 of paragraph (a) and paragraph (b) of
subdivision 5 of section 530 of the executive law, as amended by chapter
920 of the laws of 1982, are amended to read as follows:
(1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties certified pursuant to sections seven hundred twenty-four and 305.2
of the family court act by the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, pending adjudication of alleged delinquency or
alleged need of supervision by the family court, or pending transfer to
institutions to which committed or placed by such court or while await-
ing disposition by such court after adjudication or held pursuant to a
securing order of a criminal court if the person named therein as prin-
cipal is under sixteen; or,
(2) temporary care, maintenance and supervision provided juvenile
delinquents and persons in need of supervision in approved detention
facilities at the request of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES pending release revocation hearings or while await-
ing disposition after such hearings; or
(b) Payments made for reserved accommodations, whether or not in full
time use, approved by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and certified pursuant to sections seven hundred twen-
ty-four and 305.2 of the family court act, in order to assure that
adequate accommodations will be available for the immediate reception
and proper care therein of youth for which detention costs are reimburs-
able pursuant to paragraph (a) of this subdivision, shall be reimbursed
as expenditures for care, maintenance and supervision of local charges
under the provisions of this section, provided the [division] OFFICE
shall have given its prior approval for reserving such accommodations.
S 5. Subdivision 9 of section 530 of the executive law, as added by
section 2 of part C of chapter 83 of the laws of 2002, is amended to
read as follows:
9. The agency administering detention for each county and the city of
New York shall submit to the office of children and family services, AT
SUCH TIMES AND in such form and manner AND CONTAINING SUCH INFORMATION
as required by the office of children and family services, a quarterly
report on youth remanded pursuant to article three or seven of the fami-
S. 2808--B 62
ly court act who are detained for forty-five days or more in any twelve
month period INCLUDING THE RISK LEVEL OF EACH DETAINED YOUTH AS ASSESSED
BY A DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES. THE OFFICE MAY REQUIRE THAT SUCH DATA ON
DETENTION USE BE SUBMITTED TO THE OFFICE ELECTRONICALLY. Such report
shall include, but not be limited to[:], the reason for the court's
determination in accordance with section 320.5 or seven hundred thirty-
nine of the family court act to detain the youth; the offense or
offenses with which the youth is charged; and all other reasons why the
youth remains detained. Detention agencies shall submit each quarterly
report to the office within thirty days of the end of the quarter and
the office shall submit a compilation of all of the separate reports for
the quarter to the governor and the legislature within forty-five days
of the end of the quarter. The first quarterly report shall cover the
last quarter of two thousand two. THE OFFICE SHALL SUBMIT A COMPILATION
OF ALL THE SEPARATE REPORTS TO THE GOVERNOR AND THE LEGISLATURE.
S 6. Subdivision (c) of section 531 of the executive law, as added by
chapter 43 of the laws of 1978, is amended to read as follows:
(c) expenditures made by each [such social services district] MUNICI-
PALITY for the care, maintenance and supervision of youths in secure and
non-secure detention for which reimbursement is approved pursuant to
section five hundred thirty of this chapter, or for which reimbursement
is due to the state pursuant to subdivision seven of such section,
including the numbers of such youths in each category of detention
facility and the per diem rates charged.
S 7. Paragraph (b) of subdivision 3 of section 320.5 of the family
court act, as added by section 1 of part DD of chapter 57 of the laws of
2008, is amended to read as follows:
(b) Any finding directing detention pursuant to paragraph (a) of this
subdivision made by the court shall state the facts, THE LEVEL OF RISK
THE YOUTH WAS ASSESSED PURSUANT TO A DETENTION RISK ASSESSMENT INSTRU-
MENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, and THE
reasons for such finding INCLUDING, IF A DETERMINATION IS MADE TO PLACE
A YOUTH IN DETENTION WHO WAS ASSESSED AT A LOW OR MEDIUM RISK ON SUCH A
RISK ASSESSMENT INSTRUMENT, THE PARTICULAR REASONS WHY DETENTION WAS
DETERMINED TO BE NECESSARY.
S 8. Subdivision (a) of section 735 of the family court act, as added
by section 7 of part E of chapter 57 of the laws of 2005, is amended to
read as follows:
(a) Each county and any city having a population of one million or
more shall offer diversion services as defined in section seven hundred
twelve of this article to youth who are at risk of being the subject of
a person in need of supervision petition. Such services shall be
designed to provide an immediate response to families in crisis, to
identify and utilize appropriate alternatives to detention and SERVICES
AND PROGRAMS to divert youth from being the subject of a petition in
family court. Each county and such city shall designate either the local
social services district or the probation department as lead agency for
the purposes of providing diversion services.
S 9. The opening paragraph and paragraph 2 of subdivision A and subdi-
visions B and C of section 218-a of the county law, the opening para-
graph of subdivision A as amended by chapter 465 of the laws of 1992,
paragraph 2 of subdivision A as amended by chapter 555 of the laws of
1978, subdivision B as amended by chapter 419 of the laws of 1987 and
subdivision C as added by section 12 of part E of chapter 57 of the laws
of 2005, are amended to read as follows:
S. 2808--B 63
To assure that suitable and conveniently accessible accommodations and
proper and adequate detention in secure and non-secure detention facili-
ties, as defined in section five hundred two of the executive law and
the regulations of the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, will be available when required for the temporary care,
maintenance and security of alleged and convicted juvenile offenders,
AND alleged and adjudicated juvenile delinquents and alleged and adjudi-
cated persons in need of supervision. Such regulations shall not require
any county to provide temporary care in a secure detention facility for
residents of any other county except upon a space available basis. The
county executive, if there be one, otherwise the board of supervisors
shall designate the agency of county government responsible for the
administration of the county juvenile detention program and shall so
advise the [New York state division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES, and may make provisions therefor as follows:
2. Authorize a contract between its county and one or more other coun-
ties, which is or are operating a conveniently accessible detention
facility certified by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and in compliance with regulations of the [division for
youth] OFFICE, providing for the reception, temporary accommodation and
care in such facility of alleged or adjudicated juvenile delinquents and
persons in need of supervision held for or at the direction of its fami-
ly court, for and in consideration of the payments to be made therefor,
on a per capita basis, pursuant to the terms of such contract.
B. Notwithstanding any other provision of law, each board of supervi-
sors shall provide or assure the availability of conveniently accessible
and adequate non-secure detention facilities, certified by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for the family court in the county pursuant to articles seven and three
of the family court act, to be operated in compliance with the regu-
lations of the [division for youth] OFFICE for the temporary care and
maintenance of alleged and adjudicated juvenile delinquents and persons
in need of supervision held for or at the direction of a family court.
C. Each county shall offer diversion services to children who are at
risk of being the subject of a petition under article seven of the fami-
ly court act. Such services shall be designed to provide an immediate
response to families in crisis and to identify and utilize appropriate
[alternatives to juvenile detention] SERVICES.
S 10. This act shall take effect immediately.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately.
PART R
Section 1. Paragraph (f) of subdivision 1 of section 424-a of the
social services law, as amended by chapter 441 of the laws of 1993, is
amended to read as follows:
S. 2808--B 64
(f) The [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall
charge a fee of [five] TWENTY-FIVE dollars when[, pursuant to regu-
lations of the department,] it conducts [a] AN INITIAL search of its
records OF AN INDIVIDUAL AND FIVE DOLLARS FOR EACH SUBSEQUENT SEARCH FOR
THE INDIVIDUAL, within the statewide central register for child abuse or
maltreatment in accordance with this section or regulations of the
[department] OFFICE to determine whether an applicant for employment [as
specified in paragraph (b) of this subdivision] is the subject of an
indicated child abuse or maltreatment report[, except that fees shall
not be charged for requests for screenings related to applications for]
INCLUDING AN APPLICANT TO BE A child day care [providers or for employ-
ment with child day care providers including requests] PROVIDER AND A
REQUEST made pursuant to subdivision six of this section. Such fees
shall be deposited in [an] A SPECIAL REVENUE - OTHER account and shall
be made available to the [department] OFFICE for costs incurred in the
implementation of this section. [Procedures for payment of such fees
shall be established by the regulations of the department.] THE OFFICE
MUST ESTABLISH PROCEDURES WHEREBY ALL RECORDS WITHIN THE STATEWIDE
CENTRAL REGISTER FOR CHILD ABUSE OR MALTREATMENT CONTAIN PERSONAL IDEN-
TIFYING INFORMATION THAT WILL ALLOW AN AUTOMATED SEARCH OF RECORDS
RECEIVED ON OR AFTER APRIL FIRST, TWO THOUSAND ELEVEN.
S 2. This act shall take effect immediately and shall apply to any
request for a search of the records of the statewide central register of
child abuse or maltreatment that is received by the office of children
and family services on or after April 1, 2011.
PART S
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part I of chapter 58 of the laws of 2010, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least $130.00 for each month beginning on or after January
first, two thousand [ten] ELEVEN.
(b) in the case of each individual receiving residential care, an
amount equal to at least $150.00 for each month beginning on or after
January first, two thousand [ten] ELEVEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least $178.00 for each month beginning on or
after January first, two thousand [ten] ELEVEN.
(d) for the period commencing January first, two thousand [eleven]
TWELVE, the monthly personal needs allowance shall be an amount equal to
the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [eleven] TWELVE, but prior to June thirtieth, two thousand
[eleven] TWELVE, rounded to the nearest whole dollar.
S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
I of chapter 58 of the laws of 2010, are amended to read as follows:
S. 2808--B 65
(a) On and after January first, two thousand [ten] ELEVEN, for an
eligible individual living alone, $761.00; and for an eligible couple
living alone, $1115.00.
(b) On and after January first, two thousand [ten] ELEVEN, for an
eligible individual living with others with or without in-kind income,
$697.00; and for an eligible couple living with others with or without
in-kind income, $1057.00.
(c) On and after January first, two thousand [ten] ELEVEN, (i) for an
eligible individual receiving family care, $940.48 if he or she is
receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland; and (ii) for an eligible couple
receiving family care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland, two times the amount set forth in
subparagraph (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $902.48; and (iv)
for an eligible couple receiving such care in any other county in the
state, two times the amount set forth in subparagraph (iii) of this
paragraph.
(d) On and after January first, two thousand [ten] ELEVEN, (i) for an
eligible individual receiving residential care, $1109.00 if he or she is
receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland; and (ii) for an eligible couple
receiving residential care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other county in the state, $1079.00; and
(iv) for an eligible couple receiving such care in any other county in
the state, two times the amount set forth in subparagraph (iii) of this
paragraph.
(e) (i) On and after January first, two thousand [ten] ELEVEN, for an
eligible individual receiving enhanced residential care, $1368.00; and
(ii) for an eligible couple receiving enhanced residential care, two
times the amount set forth in subparagraph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [eleven] TWELVE but
prior to June thirtieth, two thousand [eleven] TWELVE.
S 3. This act shall take effect December 31, 2011.
PART T
Section 1. Subdivision 1 of section 341 of the social services law, as
amended by section 1 of part D of chapter 61 of the laws of 2006, is
amended to read as follows:
1. (a) Consistent with federal law and regulations and this title, if
a participant has failed or refused to comply with the requirements of
this title, the social services district shall issue a notice in plain
language indicating that such failure or refusal has taken place, THE
EFFECT OF SUCH NONCOMPLIANCE ON THE PARTICIPANT'S PUBLIC ASSISTANCE
BENEFITS, and of the right of such participant to conciliation to
resolve the reasons for such failure or refusal to avoid a pro-rata
reduction OR DISCONTINUANCE in public assistance benefits for a period
of time set forth in section three hundred forty-two of this title. The
notice shall indicate the specific instance or instances of willful
refusal or failure to comply without good cause with the requirements of
S. 2808--B 66
this title and the necessary actions that must be taken to avoid a pro-
rata reduction OR DISCONTINUANCE in public assistance benefits. The
notice shall indicate that the participant has [seven] TEN days to
request conciliation with the district regarding such failure or refusal
[in the case of a safety net participant and ten days in the case of a
family assistance participant]. PROVIDED, HOWEVER, THAT FOR A MEMBER OF
A HOUSEHOLD WITH DEPENDENT CHILDREN WHO DOES NOT REQUEST A CONCILIATION
CONFERENCE WITHIN THE TEN DAY PERIOD, THE LOCAL SOCIAL SERVICES DISTRICT
SHALL MAKE AN ADDITIONAL EFFORT TO CONTACT THE HOUSEHOLD, INCLUDING A
REASONABLE ATTEMPT FOR TELEPHONE CONTACT, TO OFFER CONCILIATION AND TO
INDICATE THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST CONCILIATION. The
notice shall also include an explanation in plain language of what would
constitute good cause for non-compliance and examples of acceptable
forms of evidence that may warrant an exemption from work activities,
including evidence of domestic violence, and physical or mental health
limitations that may be provided at the conciliation conference to
demonstrate such good cause for failure to comply with the requirements
of this title. SUCH NOTICE SHALL ALSO INCLUDE INFORMATION TO EXPLAIN
THE BENEFITS OF COMPLIANCE, INCLUDING THE AVAILABILITY OF GUARANTEED
CHILD CARE BENEFITS. If the participant does not contact the district
within the specified number of days, the district shall issue ten days
notice of intent to discontinue or reduce assistance, pursuant to regu-
lations of the department. Such notice shall also include a statement of
the participant's right to a fair hearing relating to such discontin-
uance or reduction. If such participant contacts the district within
[seven days in the case of a safety net participant or within ten days
in the case of a family assistance participant] THE SPECIFIED NUMBER OF
DAYS, it will be the responsibility of the participant to give reasons
for such failure or refusal.
(b) Unless the district determines as a result of such conciliation
process that such failure or refusal was willful and was without good
cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, the district
shall notify such participant in writing, in plain language and in a
manner distinct from any previous notice, by issuing ten days notice of
its intent to discontinue or reduce assistance. Such notice shall
include the reasons for such determination, the specific instance or
instances of willful refusal or failure to comply without good cause
with the requirements of this title, the necessary actions that must be
taken to avoid a pro-rata reduction OR DISCONTINUANCE in public assist-
ance benefits, and the right to a fair hearing relating to such discon-
tinuance or reduction. Unless extended by mutual agreement of the
participant and the district, conciliation shall terminate and a deter-
mination shall be made within [fourteen] THIRTY days of the date a
request for conciliation is made [in the case of a safety net partic-
ipant or within thirty days of the conciliation notice in the case of a
family assistance participant].
S 2. Subdivision 5 of section 341 of the social services law is
REPEALED and subdivision 6 is renumbered subdivision 5.
S 3. Subdivisions 2 and 3 of section 342 of the social services law,
as added by section 148 of part B of chapter 436 of the laws of 1997,
are amended to read as follows:
2. [In] NOTWITHSTANDING SUBDIVISION EIGHT OF SECTION ONE HUNDRED
FIFTY-THREE OF THIS ARTICLE, IN the case of an applicant for or recipi-
ent of public assistance [who is a parent or caretaker of a dependent
S. 2808--B 67
child], the public assistance benefits otherwise available to the house-
hold of which such individual is a member shall be [reduced pro-rata]:
(a) REDUCED PRO-RATA for the first instance of failure to comply with-
out good cause with the requirement of this article until the individual
is willing to comply;
(b) TERMINATED AND CASE CLOSED for the second instance of failure to
comply without good cause with the requirements of this article[, for a
period of three months and thereafter] until the individual is willing
to comply;
(c) TERMINATED AND CASE CLOSED for the third and all subsequent
instances of failure to comply without good cause with the requirements
of this article, for a period of six months [and thereafter] OR until
the individual is willing to comply, WHICHEVER PERIOD IS LONGER.
3. [In the case of an individual who is a member of a household with-
out dependent children applying for or in receipt of safety net assist-
ance the public assistance benefits otherwise available to the household
of which such individual is a member shall be reduced pro-rata:
(a) for the first such failure or refusal, until the failure or
refusal ceases or ninety days, which ever period of time is longer;
(b) for the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever period of time is longer; and
(c) for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of time
is longer.] WITH RESPECT TO THE SANCTIONS SET FORTH IN SUBDIVISION TWO
OF THIS SECTION, IF THE INDIVIDUAL COMPLIES WITH THE REQUIREMENT OF THIS
ARTICLE WITHIN THE SIX-MONTH MINIMUM SANCTION DURATIONS SET FORTH IN
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION THE HOUSEHOLD SHALL
RECEIVE A PRO-RATA REDUCED GRANT FOR THE REMAINING MINIMUM PERIOD.
CONTINUED COMPLIANCE AFTER THE MINIMUM DURATION SHALL RESTORE THE GRANT
TO THE FULL AMOUNT.
S 4. The office of temporary and disability assistance, in consulta-
tion with the office of children and family services, shall submit a
report to the chairperson of the senate finance committee, the chair-
person of the assembly ways and means committee, and the director of the
division of budget on the implementation of the full family sanction
policy. Such report shall include the number of sanctioned cases that
had their case closed due to the new sanction policy, the monthly bene-
fit of those sanctioned cases that had their cases closed and the number
of sanctioned cases involving case closure that subsequently were
reopened upon demonstrated willingness to comply with work requirements.
Such report shall also determine if there were child welfare referrals
made since October, 1, 2011 that were a function of the new sanction
policy. This report shall be submitted by December 31, 2012.
S 5. This act shall take effect October 1, 2011 and shall expire on
September 30, 2013, when upon such date the provisions of this act shall
be deemed repealed.
PART U
Section 1. Paragraph (a-2) of subdivision 2 of section 131-a of the
social services law, as added by section 1 of part Y of chapter 57 of
the laws of 2009, is amended to read as follows:
(a-2) For the period beginning July first, two thousand [ten] ELEVEN
and ending June thirtieth, two thousand [eleven] TWELVE, the following
schedule shall be the standard of monthly need for determining eligibil-
S. 2808--B 68
ity for all categories of assistance in and by all social services
districts:
Number of Persons in Household
One Two Three Four Five Six
[$141] [$225] [$300] [$386] [$477] [$551]
$126 $201 $268 $345 $426 $492
For each additional person in the household there shall be added an
additional amount of [seventy-five] SIXTY-SEVEN dollars monthly.
S 2. Paragraph (a-3) of subdivision 2 of section 131-a of the social
services law, as added by section 1 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
(a-3) For the period beginning July first, two thousand [eleven and
thereafter,] TWELVE the following schedule shall be the standard of
monthly need for determining eligibility for all categories of assist-
ance in and by all social services districts:
Number of Persons in Household
One Two Three Four Five Six
[$158] [$252] [$335] [$432] [$533] [$616]
$141 $225 $300 $386 $477 $551
For each additional person in the household there shall be added an
additional amount of [eighty-four] SEVENTY-FIVE dollars monthly.
S 3. Subdivision 2 of section 131-a of the social services law is
amended by adding a new paragraph (a-4) to read as follows:
(A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
THEREAFTER, THE FOLLOWING SCHEDULE SHALL BE THE STANDARD OF MONTHLY NEED
FOR DETERMINING ELIGIBILITY FOR ALL CATEGORIES OF ASSISTANCE IN AND BY
ALL SOCIAL SERVICES DISTRICTS:
NUMBER OF PERSONS IN HOUSEHOLD
ONE TWO THREE FOUR FIVE SIX
$158 $252 $335 $432 $533 $616
FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FOUR DOLLARS MONTHLY.
S 4. Paragraph (a-2) of subdivision 3 of section 131-a of the social
services law, as added by section 2 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
(a-2) For the period beginning July first, two thousand [ten] ELEVEN
and ending June thirtieth, two thousand [eleven] TWELVE, persons and
families determined to be eligible by the application of the standard of
need prescribed by the provisions of subdivision two of this section,
less any available income or resources which are not required to be
disregarded by other provisions of this chapter, shall receive maximum
monthly grants and allowances in all social services districts, in
accordance with the following schedule, for public assistance:
Number of Persons in Household
One Two Three Four Five Six
[$141] [$225] [$300] [$386] [$477] [$551]
$126 $201 $268 $345 $426 $492
For each additional person in the household there shall be added an
additional amount of [seventy-five] SIXTY-SEVEN dollars monthly.
S 5. Paragraph (a-3) of subdivision 3 of section 131-a of the social
services law, as added by section 2 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
(a-3) For the period beginning July first, two thousand [eleven and
thereafter,] TWELVE persons and families determined to be eligible by
the application of the standard of need prescribed by the provisions of
subdivision two of this section, less any available income or resources
S. 2808--B 69
which are not required to be disregarded by other provisions of this
chapter, shall receive maximum monthly grants and allowances in all
social services districts, in accordance with the following schedule,
for public assistance:
Number of Persons in Household
One Two Three Four Five Six
[$158] [$252] [$335] [$432] [$533] [$616]
$141 $225 $300 $386 $477 $551
For each additional person in the household there shall be added an
additional amount of [eighty-four] SEVENTY-FIVE dollars monthly.
S 6. Subdivision 3 of section 131-a of the social services law is
amended by adding a new paragraph (a-4) to read as follows:
(A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
THEREAFTER, PERSONS AND FAMILIES DETERMINED TO BE ELIGIBLE BY THE APPLI-
CATION OF THE STANDARD OF NEED PRESCRIBED BY THE PROVISIONS OF SUBDIVI-
SION TWO OF THIS SECTION, LESS ANY AVAILABLE INCOME OR RESOURCES WHICH
ARE NOT REQUIRED TO BE DISREGARDED BY OTHER PROVISIONS OF THIS CHAPTER,
SHALL RECEIVE MAXIMUM MONTHLY GRANTS AND ALLOWANCES IN ALL SOCIAL
SERVICES DISTRICTS, IN ACCORDANCE WITH THE FOLLOWING SCHEDULE, FOR
PUBLIC ASSISTANCE:
NUMBER OF PERSONS IN HOUSEHOLD
ONE TWO THREE FOUR FIVE SIX
$158 $252 $335 $432 $533 $616
FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FOUR DOLLARS MONTHLY.
S 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.
PART V
Intentionally omitted.
PART W
Section 1. Section 39 of part P2 of chapter 62 of the laws of 2003
amending the state finance law and other laws relating to authorizing
and directing the state comptroller to loan money to certain funds and
accounts, as amended by section 1 of part Z of chapter 57 of the laws of
2009, is amended to read as follows:
S 39. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen of this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed; and sections
thirty and thirty-one of this act shall expire December 31, [2011] 2013
and the amendments made to section 69-c of the state finance law by
section thirty-two of this act shall not affect the expiration and
repeal of such section and shall be deemed to be expired therewith.
S 2. This act shall take effect immediately.
PART X
Section 1. Subdivision 4 of section 661 of the education law, as
amended by chapter 309 of the laws of 1996, paragraph a as amended by
section 1 and paragraph c as amended, paragraphs d and e as added and
paragraph f as relettered by section 2 of part E-1 of chapter 57 of the
S. 2808--B 70
laws of 2007 and paragraph f as added by chapter 332 of the laws of
1998, is amended to read as follows:
4. Attendance in approved courses of study in approved institutions.
To be eligible to receive payments from the president a student:
a. Must be matriculated in an approved program, as defined by the
commissioner pursuant to article thirteen OF THIS CHAPTER, OR PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION, in an institution situated in the
state, which has been approved and operating in this state for at least
one year, and has been approved for participation in federal student
financial aid programs authorized by Title IV of the Higher Education
Act of 1965, as amended. Nothing in this subdivision shall preclude
payment of an award to a recipient who receives instruction outside the
state, which instruction is conducted by an institution situated in the
state, and is part of the student's program of study at such institu-
tion; provided, however, that nothing in this subdivision shall preclude
the receipt of a loan pursuant to section six hundred eighty of this
article; provided, further, that students not attending institutions
eligible for participating in federal Title IV financial aid programs on
or before July first, two thousand seven: (i) who received their first
award under this article before the two thousand six--two thousand seven
academic year shall be eligible for payments until the end of the two
thousand nine--two thousand ten academic year; or (ii) who received
their first award under this article for the two thousand six--two thou-
sand seven academic year through and including the two thousand nine--
two thousand ten academic year shall be eligible for payments until the
end of the two thousand fourteen--two thousand fifteen academic year.
b. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY AND THE
RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, THE PRESIDENT SHALL
MAKE TUITION ASSISTANCE PROGRAM AWARDS AVAILABLE TO FULL-TIME RESIDENT
UNDERGRADUATE STUDENTS NOT CURRENTLY ELIGIBLE FOR AWARDS UNDER SUBDIVI-
SION THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART AND WHO ARE
ATTENDING AN EDUCATIONAL INSTITUTION IN THIS STATE THAT:
(I) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION 501(C)(3) OF THE
INTERNAL REVENUE CODE; AND
(II) HAS ITS HEADQUARTERS AND MAIN CAMPUS LOCATED WITHIN THE STATE AND
IS ELIGIBLE FOR FUNDS UNDER TITLE IV OF THE HIGHER EDUCATION ACT OF
1965, AS AMENDED; AND
(III) IS ACCREDITED BY AN AGENCY RECOGNIZED BY THE UNITED STATES
SECRETARY OF EDUCATION, OR BY A SUCCESSOR FEDERAL AGENCY; AND
(IV) ENROLLMENT IN WHICH INSTITUTION WOULD RENDER THE STUDENT ELIGIBLE
TO RECEIVE A FEDERAL PELL GRANT IN ACCORDANCE WITH SECTION ONE THOUSAND
SEVENTY OF TITLE TWENTY OF THE UNITED STATES CODE, ET. SEQ. AND THE
REGULATIONS PROMULGATED THEREUNDER; AND
(V) PROVIDES A PROGRAM OF INSTRUCTION LASTING AT LEAST THREE YEARS,
FOR WHICH THE STUDENT IS ENROLLED.
B-1. TUITION ASSISTANCE PROGRAM AWARDS THAT ARE MADE AVAILABLE TO
STUDENTS PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE
AWARDED IF AN APPLICANT:
(I) DOES NOT MEET THE CITIZENSHIP REQUIREMENTS PURSUANT TO SUBDIVISION
THREE OF THIS SECTION;
(II) DOES NOT MEET THE INCOME REQUIREMENTS PURSUANT TO SECTION SIX
HUNDRED SIXTY-THREE OF THIS SUBPART;
(III) DOES NOT MAINTAIN GOOD ACADEMIC STANDING PURSUANT TO PARAGRAPH C
OF SUBDIVISION SIX OF SECTION SIX HUNDRED SIXTY-FIVE OF THIS SUBPART,
AND IF THERE IS NO APPLICABLE EXISTING ACADEMIC STANDARDS SCHEDULE
PURSUANT TO SUCH SUBDIVISION, THEN SUCH RECIPIENT SHALL BE PLACED ON THE
S. 2808--B 71
ACADEMIC STANDARDS SCHEDULE APPLICABLE TO STUDENTS ENROLLED IN A
FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM;
(IV) IS IN DEFAULT IN THE REPAYMENT OF ANY STATE OR FEDERAL STUDENT
LOAN, HAS FAILED TO COMPLY WITH THE TERMS OF ANY SERVICE CONDITION
IMPOSED BY AN ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO THIS ARTICLE,
OR HAS FAILED TO MAKE A REFUND OF ANY AWARD; OR
(V) IS INCARCERATED IN ANY FEDERAL, STATE OR OTHER PENAL INSTITUTION.
C. Must be in full-time attendance, as defined by the commissioner,
except as otherwise specifically provided in THIS article [fourteen],
and, for a student having completed his or her second academic year,
must have a cumulative C average or its equivalent. The president may
waive the requirement that the student have a cumulative C average or
its equivalent for undue hardship based on: (i) the death of a relative
of the student; (ii) the personal injury or illness of the student; or
(iii) other extenuating circumstances; and
[c.] D. For students who first receive aid pursuant to this chapter in
academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
to academic year two thousand six--two thousand seven, must have a
certificate of graduation from a school providing secondary education,
or the recognized equivalent of such certificate; or have achieved a
passing score, as determined by the United States secretary of educa-
tion, on a federally approved examination which demonstrates that the
student can benefit from the education being offered;
[d.] E. For students who first receive aid pursuant to this chapter in
academic year two thousand six--two thousand seven, must have a certif-
icate of graduation from a recognized school providing secondary educa-
tion within the United States, or the recognized equivalent of such
certificate, or have been admitted to such institution after receiving a
passing score on a federally approved ability to benefit test that has
been independently administered and evaluated, as provided by the
commissioner;
[e.] F. For students who first receive aid pursuant to this chapter in
academic year two thousand seven--two thousand eight or thereafter, must
have (i) a certificate of graduation from a school providing secondary
education from a state within the United States; or (ii) the recognized
equivalent of such certificate; or (iii) received a passing score on a
federally approved ability to benefit test that has been identified by
the board of regents as satisfying the eligibility requirements of this
section and has been independently administered and evaluated as defined
by the commissioner[.];
[f. for] G. FOR students who are disabled as defined by the Americans
With Disability Act of 1990, 42 USC 12101, the full-time attendance
requirement is eliminated. Such disabled students may be in part-time
attendance, as defined by the commissioner in order to be eligible to
receive payments from the president.
S 2. Subdivision 8-b of section 355 of the education law, as added by
section 2 of part GG of chapter 57 of the laws of 2009, is amended to
read as follows:
8-b. Notwithstanding the provision of any law, rule or regulation to
the contrary, the state university shall be entitled to annually receive
an apportionment and payment of state assistance equal to all moneys
derived as a result of the tuition increase, calculated as the differ-
ence in the amount generated using the tuition rates authorized by the
state university trustees for the two thousand seven--two thousand eight
academic year and the amount generated using the tuition rates author-
ized by state university trustees for the two thousand nine--two thou-
S. 2808--B 72
sand ten academic year, pursuant to the following schedule: for the two
thousand nine--two thousand ten academic year, the state university
shall receive an amount equal to twenty percent of such tuition
increase; for the two thousand ten--two thousand eleven academic year,
the state university shall receive an amount equal to thirty percent of
such tuition increase; for the two thousand eleven--two thousand twelve
academic year, the state university shall receive an amount equal to
forty percent of such tuition increase; [and] for the two thousand
twelve--two thousand thirteen academic year, the state university shall
receive an amount equal to [fifty] SEVENTY-FIVE percent of such tuition
increase; AND FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN
ACADEMIC YEAR AND EACH ACADEMIC YEAR THEREAFTER, THE STATE UNIVERSITY
SHALL RECEIVE AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF SUCH TUITION
INCREASE. Such apportionment shall be for the enhanced investment in the
state university of the state of New York and shall be used to supple-
ment, not supplant, state gross general fund support, unless the direc-
tor of the budget determines that state fiscal conditions preclude such
an outcome and, in which case, the director shall submit a report
regarding the recommended funding levels and whether the tuition
increase apportionment provisions of this subdivision have been complied
with for the state university of the state of New York to the chairs of
the senate finance committee and the assembly ways and means committee
and the chairs of the senate higher education committee and the assembly
higher education committee no later than fifteen days following the
release of the executive budget.
S 3. This act shall take effect immediately; provided, that section
one of this act shall apply to semesters commencing on and after January
1, 2012 and to all subsequent academic years.
PART Y
Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by chapter 309 of the laws of 1996,
is amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based
upon need or income. All students enrolled in programs leading to like
degrees at state-operated institutions of the state university shall be
charged a uniform rate of tuition except for differential tuition rates
based on state residency. Provided, however, THAT FOR THE 2011-2012
ACADEMIC YEAR THE TRUSTEES MAY AUTHORIZE A FIVE PERCENT TUITION INCREASE
PER SEMESTER FOR OUT-OF-STATE RESIDENTS. PROVIDED FURTHER, HOWEVER, THAT
ONE HUNDRED PERCENT OF THE TUITION REVENUE GENERATED BY SUCH INCREASE
SHALL BE RETAINED BY THE STATE UNIVERSITY OF NEW YORK AND that the trus-
tees may authorize the presidents of the colleges of technology and the
colleges of agriculture and technology to set differing rates of tuition
for each of the colleges for students enrolled in degree-granting
programs leading to an associate degree and non-degree granting programs
so long as such tuition rate does not exceed the tuition rate charged to
students who are enrolled in like degree programs or degree-granting
undergraduate programs leading to a baccalaureate degree at other state-
operated institutions of the state university of New York. The trustees
shall not adopt changes affecting tuition charges prior to the enactment
of the annual budget.
S 2. This act shall take effect immediately.
PART Z
S. 2808--B 73
Section 1. Subdivision 3 of section 458-b of the social services law,
as added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
3. If the social services official determines that the child is eligi-
ble for kinship guardianship assistance payments and it is in the best
interests of the child for the relative to become the legal guardian of
the child, the social services official [shall] MAY enter into an agree-
ment with the prospective relative guardian authorizing the provision of
kinship guardianship assistance payments, non-recurring guardianship
payments, and other services and payments available under this title
subject to the issuance by the court of letters of guardianship of the
child to the prospective relative guardian and the child being finally
discharged from foster care to such relative. In determining whether it
is in the best interests of the child for the relative to become the
relative guardian of the child, the social services official must deter-
mine and document that compelling reasons exist for determining that the
return home of the child and the adoption of the child are not in the
best interests of the child and are, therefore, not appropriate perman-
ency options. A copy of the fully executed agreement must be provided by
the social services official to the prospective relative guardian.
S 2. This act shall take effect on the same date and in the same
manner as section 4 of part F of chapter 58 of the laws of 2010 takes
effect.
PART AA
Section 1. Section 353.3 of the family court act, as amended by
section 6 of part G of chapter 58 of the laws of 2010, is amended to
read as follows:
S 353.3 Placement. 1. In accordance with section 352.2 of this part,
the court may place the respondent in his or her own home or in the
custody of a suitable relative or other suitable private person or the
commissioner of the local social services district or the office of
children and family services pursuant to article nineteen-G of the exec-
utive law, subject to the orders of the court.
2. Where the respondent is placed with the commissioner of the local
social services district, the court may direct the commissioner to place
him or her with an authorized agency or class of authorized agencies,
including, if the court finds that the respondent is a sexually
exploited child as defined in subdivision one of section four hundred
forty-seven-a of the social services law, an available long-term safe
house. Unless the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives to apply in
the event that the commissioner is unable to so place the respondent:
(a) the commissioner shall apply to the court for an order to stay,
modify, set aside, or vacate such directive pursuant to the provisions
of section 355.1 of this part; or
(b) the commissioner shall return the respondent to the family court
for a new dispositional hearing and order.
3. Where the respondent is placed with the office of children and
family services, the court shall[, unless it directs the office to place
him or her with an authorized agency or class of authorized agencies,
including if the court finds that the respondent is a sexually exploited
child as defined in subdivision one of section four hundred forty-sev-
en-a of the social services law, an available long-term safe house
S. 2808--B 74
pursuant to subdivision four of this section,] authorize the office to
do one of the following:
(a) place the respondent in a secure facility [without a further hear-
ing at any time or from time to time during the first sixty days of
residency in office of children and family services facilities.
Notwithstanding the discretion of the office to place the respondent in
a secure facility at any time during the first sixty days of residency
in a office of children and family services facility, the respondent may
be placed in a non-secure facility. In the event that the office desires
to transfer a respondent to a secure facility at any time after the
first sixty days of residency in office facilities, a hearing shall be
held pursuant to subdivision three of section five hundred four-a of the
executive law]; or
(b) place the respondent in a limited secure facility. The respondent
may be transferred by the office to a secure facility after a hearing is
held pursuant to section five hundred four-a of the executive law;
provided, however, that during the first twenty days of residency in
office facilities, the respondent shall not be transferred to a secure
facility unless the respondent has committed an act or acts which are
exceptionally dangerous to the respondent or to others[; or
(c) place the respondent in a non-secure facility. No respondent
placed pursuant to this paragraph may be transferred by the office of
children and family services to a secure facility].
4. [Where the respondent is placed with the office of children and
family services, the court may direct the office to place the respondent
with an authorized agency or class of authorized agencies, including, if
the court finds that the respondent is a sexually exploited child as
defined in subdivision one of section four hundred forty-seven-a of the
social services law, an available long-term safe house, and in the event
the office is unable to so place the respondent or, discontinues the
placement with the authorized agency, the respondent shall be deemed to
have been placed with the office pursuant to paragraph (b) or (c) of
subdivision three of this section. In such cases, the office shall noti-
fy the court, presentment agency, respondent's attorney and parent or
other person responsible for the respondent's care, of the reason for
discontinuing the placement with the authorized agency and the level and
location of the youth's placement.
5.] If the respondent has committed a felony the initial period of
placement shall not exceed eighteen months. If the respondent has
committed a misdemeanor such initial period of placement shall not
exceed twelve months. If the respondent has been in detention pending
disposition, the initial period of placement ordered under this section
shall be credited with and diminished by the amount of time spent by the
respondent in detention prior to the commencement of the placement
unless the court finds that all or part of such credit would not serve
the needs and best interests of the respondent or the need for
protection of the community.
[6.] 5. The court may at any time conduct a hearing in accordance with
section 355.1 of this part concerning the need for continuing a place-
ment.
6. IN THE CASE OF A RESPONDENT PLACED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, SHOULD THE COURT DETERMINE THAT PLACEMENT IN A SECURE
FACILITY IS NO LONGER NECESSARY, THE COURT MAY EITHER PLACE THE RESPOND-
ENT IN A LIMITED SECURE FACILITY OR MAY PROCEED TO SCHEDULE A NEW DISPO-
SITIONAL HEARING AND ENTER AN ORDER UNDER SECTION 352.2 OF THIS PART.
S. 2808--B 75
7. The place in which or the person with whom the respondent has been
placed under this section shall submit a report to the court, respond-
ent's attorney of record, and presentment agency at the conclusion of
the placement period, except as provided in paragraphs (a) and (b) of
this subdivision. Such report shall include recommendations and such
supporting data as is appropriate. The court may extend a placement
pursuant to section 355.3 of this part.
(a) Where the respondent is placed pursuant to subdivision two or
three of this section and where the agency is not seeking an extension
of the placement pursuant to section 355.3 of this part, such report
shall be submitted not later than thirty days prior to the conclusion of
the placement.
(b) Where the respondent is placed pursuant to subdivision two or
three of this section and where the agency is seeking an extension of
the placement pursuant to section 355.3 of this part and a permanency
hearing pursuant to section 355.5 of this part, such report shall be
submitted not later than sixty days prior to the date on which the
permanency hearing must be held and shall be annexed to the petition for
a permanency hearing and extension of placement.
(c) Where the respondent is placed pursuant to subdivision two [or
three] of this section, such report shall contain a plan for the
release, or conditional release (pursuant to section five hundred ten-a
of the executive law), of the respondent to the custody of his or her
parent or other person legally responsible, to independent living or to
another permanency alternative as provided in paragraph (d) of subdivi-
sion seven of section 355.5 of this part. If the respondent is subject
to article sixty-five of the education law or elects to participate in
an educational program leading to a high school diploma, such plan shall
include, but not be limited to, the steps that the agency with which the
respondent is placed has taken and will be taking to facilitate the
enrollment of the respondent in a school or educational program leading
to a high school diploma following release, or, if such release occurs
during the summer recess, upon the commencement of the next school term.
If the respondent is not subject to article sixty-five of the education
law and does not elect to participate in an educational program leading
to a high school diploma, such plan shall include, but not be limited
to, the steps that the agency with which the respondent is placed has
taken and will be taking to assist the respondent to become gainfully
employed or enrolled in a vocational program following release.
8. In its discretion, the court may recommend restitution or require
services for the public good pursuant to section 353.6 of this part in
conjunction with an order of placement.
9. If the court places a respondent with the office of children and
family services pursuant to this section after finding that such child
committed a felony, the court may, in its discretion, further order that
such respondent shall be confined in a residential facility for a mini-
mum period set by the order, not to exceed six months.
10. A placement pursuant to this section with the commissioner of the
local social services district shall not be directed in any detention
facility, but the court may direct detention pending transfer to a
placement authorized and ordered under this section for no more than
thirty days after the order of placement is made or in a city of one
million or more, for no more than fifteen days after such order of
placement is made. Such direction shall be subject to extension pursuant
to subdivision three of section three hundred ninety-eight of the social
services law.
S. 2808--B 76
S 2. Section 504 of the executive law, the section heading as amended,
subdivisions 1 and 3 as added and such section as renumbered by chapter
465 of the laws of 1992 and subdivisions 2 and 4 as amended by chapter
687 of the laws of 1993, is amended to read as follows:
S 504. [Division] OFFICE OF CHILDREN AND FAMILY SERVICES facilities.
1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES, HEREINAFTER
REFERRED TO AS THE "OFFICE," shall operate and maintain secure[,] AND
limited secure [and non-secure] facilities for the care, custody, treat-
ment, housing, education, rehabilitation and guidance of youth placed
with or committed to the [division] OFFICE.
2. Each separate facility may bear the name, designated by the [divi-
sion] OFFICE, of an individual known for outstanding service to youth.
3. A youth attending a local public school while in residence at a
[division] OFFICE facility shall be deemed a resident of the school
district where the youth's parent or guardian resides at the commence-
ment of each school year for the purpose of determining which school
district shall be responsible for the youth's tuition.
4. The [division] OFFICE shall determine the particular [division]
facility [or program] in which a child placed with the [division] OFFICE
shall be cared for, based upon an evaluation of such child. [The divi-
sion shall also have authority to discharge or conditionally release
children placed with it and to transfer such children from a limited
secure or non-secure facility to any other limited secure or non-secure
facility, when the interest of such children requires such action;
provided that a child transferred to a non-secure facility from a limit-
ed secure facility may be returned to a limited secure facility upon a
determination by the division that, for any reason, care and treatment
at the non-secure facility is no longer suitable.]
S 3. Section 507-a of the executive law, as amended by chapter 465 of
the laws of 1992, paragraph (a) of subdivision 1 as amended by chapter
309 of the laws of 1996, is amended to read as follows:
S 507-a. Placement and commitment WITH THE OFFICE OF CHILDREN AND
FAMILY SERVICES; procedures. 1. Youth may be placed in or committed to
the custody of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES
HEREINAFTER REFERRED TO AS THE "OFFICE":
(a) for placement, as a juvenile delinquent pursuant to the family
court act; or
(b) for commitment pursuant to the penal law.
2. (a) Consistent with other provisions of law, only those youth who
have reached the age of seven but who have not reached the age of twen-
ty-one may be placed in, committed to or remain in the [division's]
OFFICE'S custody. Whenever it shall appear to the satisfaction of the
[division] OFFICE that any youth placed therewith is not of proper age
to be so placed or is not properly placed, or is mentally or physically
incapable of being materially benefited by the program of the [division]
OFFICE, the [division] OFFICE shall cause the return of such youth to
the county from which placement was made.
(b) The [division] OFFICE shall deliver such youth to the custody of
the placing court, along with the records provided to the [division]
OFFICE pursuant to section five hundred seven-b of this [article] TITLE,
there to be dealt with by the court in all respects as though no place-
ment had been made.
(c) The cost and expense of the care and return of such youth incurred
by the [division] OFFICE shall be reimbursed to the state by the social
services district from which such youth was placed in the manner
provided by section five hundred twenty-nine of this article.
S. 2808--B 77
3. The [division] OFFICE may photograph any youth in its custody.
Such photograph may be used only for the purpose of assisting in the
return of conditionally released children and runaways pursuant to
section five hundred ten-b of this article. Such photograph shall be
destroyed immediately upon the discharge of the youth from [division]
OFFICE custody.
4. (a) A youth placed with or committed to the [division] OFFICE may,
immediately following placement or commitment, be remanded to an appro-
priate detention facility.
(b) The [division] OFFICE shall admit a child placed with the [divi-
sion] OFFICE to a facility [of the division] within fifteen days of the
date of the order of placement [with the division] and shall admit a
juvenile offender committed to the [division] OFFICE to a facility [of
the division] within ten days of the date of the order of commitment [to
the division, except as provided in section five hundred seven-b of this
article.
5. Consistent with other provisions of law, in the discretion of the
director, youth who attain the age of eighteen while in division custody
may reside in a non-secure facility until the age of twenty-one,
provided that such youth attend a full-time vocational or educational
program and are likely to benefit from such program].
S 4. Section 507-b of the executive law, as amended by chapter 465 of
the laws of 1992, subdivision 4 as added by chapter 687 of the laws of
1993, is amended to read as follows:
S 507-b. Placement and commitment WITH THE OFFICE OF CHILDREN AND
FAMILY SERVICES; papers to be furnished. 1. No placement or commitment
order to the [division] OFFICE OF CHILDREN AND FAMILY SERVICES, HEREIN-
AFTER REFERRED TO AS THE "OFFICE," which recites the facts upon which it
was based shall be deemed or held to be invalid by reason of any imper-
fection or defect in form.
2. The court shall immediately notify the [division] OFFICE of the
placement or commitment of any youth therewith. The orders of the court
and copies of the probation report and all other relevant evaluative
records in the possession of the court, detention facility, and
probation department related to such youth, including but not limited to
any diagnostic, educational, medical, psychological and psychiatric
records, fingerprints, photographs, a certified copy of the sentence and
any pre-sentence memoranda filed with the court, where applicable, and
reports relating to assaults or other violent acts, attempts at suicide
or escape by the youth shall be delivered together with the youth or
earlier to a person authorized by the director to receive the child,
notwithstanding any contrary provision of law.
3. The court shall, before placing or committing any such youth,
inquire into and determine the age of the youth at the time of placement
or commitment, and the youth's age as so determined shall be stated in
the order. The statement of the age of such youth in such order shall
be conclusive evidence as to such age in any action to recover damages
for allegedly unlawful detention under such order, and shall be presump-
tive evidence thereof in any other inquiry, action or proceeding relat-
ing to such detention.
[4. Notwithstanding the time frames provided in paragraph (b) of
subdivision four of section five hundred seven-a of this article, the
division may delay acceptance of a youth placed or committed to the
division in accordance with division regulations promulgated prior to
the effective date of this subdivision.]
S 5. This act shall take effect April 1, 2012.
S. 2808--B 78
PART BB
Section 1. Section 507-a of the executive law is amended by adding a
new subdivision 6 to read as follows:
6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE AN ELEC-
TRONIC WEEKLY REPORT TO THE LEGISLATURE INCLUDING THE FOLLOWING INFORMA-
TION FOR EACH FACILITY OPERATED BY SUCH OFFICE:
(A) BUDGETED CAPACITY;
(B) AVAILABLE CAPACITY;
(C) POPULATION;
(D) TEMPORARY ABSENCES;
(E) TOTAL YOUTH;
(F) TEMPORARY BEDS;
(G) VACANCIES (-)/OVERAGE; AND
(H) THE NUMBER OF YOUTH IN THE CUSTODY OF SUCH OFFICE WHO ARE NOT
RESIDING IN A FACILITY OPERATED BY SUCH OFFICE.
S 2. This act shall take effect April 1, 2011.
PART CC
Section 1. Subdivision 1 of section 131-a of the social services law,
as amended by section 12 of part B of chapter 436 of the laws of 1997,
is amended to read as follows:
1. Any inconsistent provision of this chapter or other law notwith-
standing, social services officials shall, in accordance with the
provisions of this section and regulations of the department, provide
public assistance to needy persons who constitute or are members of a
family household, who are determined to be eligible in accordance with
standards of need established in subdivision two OF THIS SECTION.
Provision for such persons, for all items of need, less any available
income or resources which are not required to be disregarded by other
provisions of this chapter, shall be made in accordance with this
section. Such provision shall be made in monthly or semi-monthly allow-
ances and grants within the limits of the schedules included in subdivi-
sion three of this section, except for additional amounts which shall be
included therein for shelter, fuel for heating, additional cost of meals
for persons who are unable to prepare meals at home, and for other items
for which specific provision is otherwise made in article five OF THIS
CHAPTER, AND EXCEPT THAT, WHERE A HOUSEHOLD IS LIVING TOGETHER WITH ONE
OR MORE PERSONS IN RECEIPT OF SUPPLEMENTAL SECURITY INCOME WHO ARE CLAS-
SIFIED BY THE FEDERAL SOCIAL SECURITY ADMINISTRATION AS LIVING ALONE,
THE AMOUNT IN SUCH SCHEDULE SHALL BE APPORTIONED PRO RATA. As used in
this section the term "shelter" may include a grant not to exceed two
thousand five hundred dollars toward the purchase of an interest in a
cooperative. A social services official shall require assignment of
recipient's equity in such cooperative housing in accordance with the
rules of the board and regulations of the department.
S 2. This act shall take effect April 1, 2011 and shall apply to
grants paid on and after October 1, 2011.
PART DD
Section 1. Subdivision 10 of section 159 of the social services law,
as amended by chapter 713 of the laws of 2005, is amended to read as
follows:
S. 2808--B 79
10. Social services [district] DISTRICTS providing safety net assist-
ance to persons receiving care as defined in paragraphs (c), (d) and (e)
of subdivision three of section two hundred nine of [the social services
law] THIS ARTICLE shall pay such facility at the rate provided for care
and maintenance under the supplemental security income program for bene-
ficiaries of that program in the same facility, less the amount of any
personal needs allowance included in the supplemental security program.
In addition, social services districts shall provide such persons
receiving safety net assistance with a personal needs allowance in the
amount included in the supplemental security payment level as a personal
needs allowance for recipients of that program residing in the partic-
ular facility; EXCEPT THAT THEY SHALL PROVIDE SUCH PERSONS RESIDING IN A
RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM OR COMMUNITY RESIDENTIAL
FACILITY FOR ALCOHOLISM, AS THOSE TERMS ARE USED IN PARAGRAPH (D) OF
SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS ARTICLE, WITH A
PERSONAL NEEDS ALLOWANCE OF FORTY-FIVE DOLLARS PER MONTH.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2011.
PART EE
Section 1. Subdivisions 2, 3, 7 and 8 of section 3012-c of the educa-
tion law, as added by chapter 103 of the laws of 2010, are amended to
read as follows:
2. a. The annual professional performance reviews conducted pursuant
to this section for classroom teachers and building principals shall
differentiate teacher and principal effectiveness using the following
quality rating categories: highly effective, effective, developing and
ineffective, with explicit minimum and maximum scoring ranges for each
category, as prescribed in the regulations of the commissioner. Such
annual professional performance reviews shall result in a single compos-
ite teacher or principal effectiveness score, which incorporates multi-
ple measures of effectiveness related to the criteria included in the
regulations of the commissioner. Except for the student growth measures
prescribed in paragraphs e, f and g of this subdivision, the elements
comprising the composite effectiveness score shall be locally developed,
consistent with the standards prescribed in the regulations of the
commissioner, through negotiations conducted, pursuant to the require-
ments of article fourteen of the civil service law.
b. Annual professional performance reviews conducted by school
districts on or after July first, two thousand eleven of classroom
teachers of common branch subjects or English language arts or mathemat-
ics in grades four to eight and all building principals of schools in
which such teachers are employed shall be conducted pursuant to this
subdivision and shall use two thousand ten--two thousand eleven school
year student data as the baseline for the initial computation of the
composite teacher or principal effectiveness score for such classroom
teachers and principals.
c. Annual professional performance reviews conducted by school
districts or boards of cooperative educational services on or after July
first, two thousand [twelve] ELEVEN of all classroom teachers and all
building principals shall be conducted pursuant to this subdivision and
shall use two thousand [eleven] TEN--two thousand [twelve] ELEVEN school
year student data as the baseline for the initial computation of the
composite teacher or principal effectiveness score for such classroom
teachers and principals. For purposes of this section, an administrator
S. 2808--B 80
in charge of an instructional program of a board of cooperative educa-
tional services shall be deemed to be a building principal.
d. Prior to any evaluation being conducted in accordance with this
section, each individual who is responsible for conducting an evaluation
of a teacher or building principal shall receive appropriate training in
accordance with the regulations of the commissioner of education.
e. For annual professional performance reviews conducted in accordance
with paragraph b of this subdivision in the two thousand eleven--two
thousand twelve school year, forty percent of the composite score of
effectiveness shall be based on student achievement measures as follows:
(i) twenty percent of the evaluation shall be based upon student growth
data on state assessments as prescribed by the commissioner or a compa-
rable measure of student growth if such growth data is not available;
and (ii) twenty percent shall be based on other locally selected meas-
ures of student achievement that are determined to be rigorous and
comparable across classrooms in accordance with the regulations of the
commissioner and as are developed locally in a manner consistent with
procedures negotiated pursuant to the requirements of article fourteen
of the civil service law.
f. For annual professional performance reviews conducted in accordance
with paragraph c of this subdivision in any school year prior to the
first school year for which the board of regents has approved use of a
value-added growth model, but not earlier than the two thousand [twelve]
ELEVEN--two thousand [thirteen] TWELVE school year, forty percent of the
composite score of effectiveness shall be based on student achievement
measures as follows: (i) twenty percent of the evaluation shall be based
upon student growth data on state assessments as prescribed by the
commissioner or a comparable measure of student growth if such growth
data is not available; and (ii) twenty percent shall be based on other
locally selected measures of student achievement that are determined to
be rigorous and comparable across classrooms in accordance with the
regulations of the commissioner and as are developed locally in a manner
consistent with procedures negotiated pursuant to the requirements of
article fourteen of the civil service law.
g. For annual professional performance reviews conducted in accordance
with paragraph c of this subdivision in the first school year for which
the board of regents has approved use of a value-added growth model and
thereafter, forty percent of the composite score of effectiveness shall
be based on student achievement measures as follows: (i) twenty-five
percent of the evaluation shall be based upon student growth data on
state assessments as prescribed by the commissioner or a comparable
measure of student growth if such growth data is not available; and (ii)
fifteen percent shall be based on other locally selected measures of
student achievement that are determined to be rigorous and comparable
across classrooms in accordance with the regulations of the commissioner
and as are locally developed in a manner consistent with procedures
negotiated pursuant to the requirements of article fourteen of the civil
service law. The department shall develop the value-added growth model
and shall consult with the advisory committee established pursuant to
subdivision seven of this section prior to recommending that the board
of regents approve its use in evaluations.
h. The remaining percent of the evaluations, ratings and effectiveness
scores shall be locally developed, consistent with the standards
prescribed in the regulations of the commissioner, through negotiations
conducted pursuant to article fourteen of the civil service law.
S. 2808--B 81
i. For purposes of this section, student growth means the change in
student achievement for an individual student between two or more points
in time.
3. Nothing in this section shall be construed to excuse school
districts or boards of cooperative educational services from complying
with the standards set forth in the regulations of the commissioner for
conducting annual professional performance reviews of classroom teachers
or principals, including but not limited to required quality rating
categories, in conducting evaluations prior to July first, two thousand
eleven, [or] AND, for classroom teachers or principals subject to para-
graph c of subdivision two of this section, prior to July first, two
thousand [twelve] ELEVEN.
7. The regulations adopted pursuant to this section shall be developed
in consultation with an advisory committee consisting of representatives
of teachers, principals, superintendents of schools, school boards,
school district and board of cooperative educational services officials
and other interested parties. The regulations shall also take into
account any (i) professional teaching standards; (ii) standards for
professional contexts; and (iii) standards for a continuum of system
support for teachers and principals developed in consultation with the
advisory committee. Regulations promulgated pursuant to this section
shall be effective no later than [July] MAY first, two thousand eleven,
for implementation in the two thousand eleven--two thousand twelve
school year.
8. Notwithstanding any other provision of law, rule or regulation to
the contrary, all collective bargaining agreements applicable to class-
room teachers or building principals entered into after July first, two
thousand ten shall be consistent with requirements of this section.
Nothing in this section shall be construed to abrogate any conflicting
provisions of any collective bargaining agreement in effect on July
first, two thousand ten during the term of such agreement and until the
entry into a successor collective bargaining agreement, provided that
notwithstanding any other provision of law to the contrary, upon expira-
tion of such term and the entry into a successor collective bargaining
agreement the provisions of this section shall apply. Furthermore,
nothing in this section or in any rule or regulation promulgated here-
under shall in any way, alter, impair or diminish the rights of a local
collective bargaining representative to negotiate evaluation procedures
in accordance with article fourteen of the civil service law with the
school district or board of cooperative educational services; PROVIDED
HOWEVER SHOULD A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES AND A LOCAL COLLECTIVE BARGAINING REPRESENTATIVE FAIL TO AGREE
TO NEW EVALUATION PROCEDURES NO LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR
TO THE START OF THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR
AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE REFERRED TO THE PUBLIC
EMPLOYMENT RELATIONS BOARD FOR ARBITRATION. WITHIN TWO DAYS OF RECEIPT
OF NOTIFICATION FROM THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OR THE LOCAL COLLECTIVE BARGAINING REPRESENTATIVE, THE
BOARD SHALL SUBMIT TO THE PARTIES A LIST OF QUALIFIED, DISINTERESTED
PERSONS FOR THE SELECTION OF A SINGLE ARBITRATOR. EACH PARTY SHALL
ALTERNATELY STRIKE FROM THE LIST ONE OF THE NAMES WITH THE ORDER OF
STRIKING DETERMINED BY LOT, UNTIL THE REMAINING ONE PERSON SHALL BE
DESIGNATED TO HEAR THE MATTER. THIS PROCESS SHALL BE COMPLETED WITHIN
ONE DAY OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE BOARD OF
THE DESIGNATED ARBITRATOR. THE ARBITRATION SHALL BE COMMENCED NO LATER
THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS FROM THE DATE OF
S. 2808--B 82
THE NOTIFICATION OF THE BOARD PROVIDED THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, NO ADJOURNMENTS
MAY BE GRANTED THAT WOULD EXTEND THE ARBITRATION BEYOND SUCH THIRTY
DAYS. THE ARBITRATOR SHALL ISSUE A DECISION TO THE PARTIES WITHIN TEN
DAYS UPON COMPLETION OF THE HEARING. SAID DECISION SHALL BE FINAL AND
BINDING ON THE RESPECTIVE PARTIES FOR THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS AND NOT SUBJECT TO
JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-FIVE OF THE CIVIL PRACTICE
LAW AND RULES OR ANY OTHER LAW, RULE OR REGULATION. THE RESPECTIVE
PARTIES SHALL EQUALLY SHARE THE COST OF THE ARBITRATOR. SHOULD THE
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND A LOCAL
COLLECTIVE BARGAINING REPRESENTATIVE FAIL TO AGREE TO NEW EVALUATION
PROCEDURES PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW NO
LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE START OF EACH SUCCESSIVE
SCHOOL YEAR, THE PUBLIC ARBITRATION PROCESS SET FORTH IN THIS SECTION
SHALL APPLY FOR EACH SUCCESSIVE SCHOOL YEAR FOR WHICH THERE IS NO AGREED
TO EVALUATION PROCESS.
S 2. Intentionally omitted.
S 3. The section heading of section 2588 of the education law, as
added by chapter 521 of the laws of 1976, is amended to read as follows:
Seniority, retention and displacement rights in connection with aboli-
tion of positions in city school districts of cities having [more than]
one million inhabitants OR MORE.
S 4. Subdivision 3 of section 2588 of the education law is REPEALED
and a new subdivision 3 is added to read as follows:
3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE PURSUANT TO
THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH LOCALLY ESTABLISHED PROCESS MUST ENSURE
THAT HIGH QUALITY TEACHERS IN HIGH-NEED SCHOOLS ARE NOT LAID OFF AND
THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE
REDUCTIONS PURSUANT TO A CITYWIDE LAYOFF; PROVIDED HOWEVER, NOTHING
SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. FOR
PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A
SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM. FOR
POSITIONS COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER,
ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE SIGNIFICANTLY BASED ON THE
ANNUAL PROFESSIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS
PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND ITS
IMPLEMENTING REGULATIONS. UNTIL AND UNLESS SUCH A PROCESS HAS BEEN
ESTABLISHED AT LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF ANY SUCH
ABOLISHMENT OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE
S. 2808--B 83
FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, THE
FOLLOWING SHALL APPLY:
(I) THE FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF PRIOR TO
ANY OTHER TEACHERS OR SUPERVISORS:
(A) ANY TEACHER OR SUPERVISOR WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
TORY" ON HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW IN THE LAST
FIVE SCHOOL YEARS;
(B) ANY TEACHER OR SUPERVISOR WHO RECEIVED ONE RATING OF "UNSATISFAC-
TORY" ON HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW IN THE TWO
THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR;
(C) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY
AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER;
(D) ANY TEACHER OR SUPERVISOR NOT CURRENTLY APPOINTED TO A REGULAR
POSITION IN A SCHOOL FOR A PERIOD OF SIX MONTHS OR MORE AS OF THE EFFEC-
TIVE DATE OF ANY CITYWIDE LAYOFF PURSUANT TO THIS SECTION;
(E) ANY TEACHER OR SUPERVISOR CONVICTED OF A QUALIFYING CRIMINAL
OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
SUPERVISOR. "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
(1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY CLASS B MISDEMEANOR
UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
TY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY,
TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO
HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW, OR A
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
(2) ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A
TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE
WAS IMPOSED, OR
(3) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF WHICH
CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE ONE
HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY,
TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF
THE VEHICLE AND TRAFFIC LAW;
(F) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED AS A PENALTY IMPOSED
PURSUANT TO CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC LATENESS, OR
IMPROPER USE OR RECORDING OF LEAVE TIME OR AS A RESULT OF SETTLEMENT OF
CHARGES BROUGHT PURSUANT TO CHARGES RELATED TO CHRONIC ABSENTEEISM,
CHRONIC LATENESS OR IMPROPER USE OR RECORDING OF LEAVE TIME;
(G) ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF MISCONDUCT WERE
SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF
INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF SPECIAL INVESTI-
GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY; AND
(H) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL REQUIRE-
MENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST THIRTY-FIRST OF
THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF;
S. 2808--B 84
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH IS GREATER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
ISHED OR REDUCED AS A RESULT OF A CITYWIDE LAYOFF, THEN THE DECISION
CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE
WITH THIS SUBPARAGRAPH.
THE FOLLOWING PROTOCOL SHALL BE USED UNTIL SUCH TIME THAT THE TOTAL
NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO THE TOTAL NUMBER OF TEACHING
OR SUPERVISORY POSITIONS ABOLISHED. FOR PURPOSES OF THE PROTOCOL, THE
CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), AND (H)
OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHABETICALLY (A)
THROUGH (H), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST PRIORITY AND
(H) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL BE ESTAB-
LISHED AS FOLLOWS:
(A) TEACHERS OR SUPERVISORS WHO FALL WITHIN ALL EIGHT OF THE CATEGO-
RIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
(B) TEACHERS OR SUPERVISORS WHO FALL WITHIN SEVEN OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE SEVEN CATEGORIES;
(C) TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE SIX CATEGORIES;
(D) TEACHERS OR SUPERVISORS WHO FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE FIVE CATEGORIES;
(E) TEACHERS OR SUPERVISORS WHO FALL WITHIN FOUR OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE FOUR CATEGORIES;
(F) TEACHERS OR SUPERVISORS WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE THREE CATEGORIES;
(G) TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE TWO CATEGORIES;
(H) TEACHERS OR SUPERVISORS WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
TORY" IN ANY OF THE LAST FIVE SCHOOL YEARS ON THEIR ANNUAL PROFESSIONAL
PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
(1) A TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND
(2) A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
THE MOST RECENT YEAR OR YEARS;
(I) A TEACHER OR SUPERVISOR WHO RECEIVED AN UNSATISFACTORY RATING IN
EITHER THE TWO THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO
S. 2808--B 85
THOUSAND ELEVEN SCHOOL YEAR, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
(1) A TEACHER OR SUPERVISOR WITH UNSATISFACTORY RATINGS IN BOTH TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN; AND
(2) A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR;
(J) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY
AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER THAT
IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY
PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
(K) ANY TEACHER OR SUPERVISOR WITH A CURRENT STATUS AS A TEACHER OR
SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
IN ORDER OF PERSONS WHO HAVE BEEN WITHOUT AN APPOINTED POSITION TO A
SCHOOL THE LONGEST PERIOD OF TIME;
(L) ANY TEACHER OR SUPERVISOR CONVICTED OF A QUALIFYING CRIMINAL
OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
SUPERVISOR. "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
(1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY CLASS B MISDEMEANOR
UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
TY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY,
TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO
HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
(2) ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A
TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE
WAS IMPOSED, OR
(3) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF WHICH
CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE ONE
HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY,
TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF
THE VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
IN THE FOLLOWING ORDER:
I. A TEACHER OR SUPERVISOR CONVICTED OF A FELONY IN THE LAST FIVE
YEARS AND SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR, WITH LAYOFFS
DONE BASED UPON THE CHRONOLOGICAL ORDER OF THE DATE OF CONVICTION,
BEGINNING WITH THE MOST RECENT; AND
II. A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN THE
LAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR,
WITH LAYOFFS DONE BASED UPON THE CHRONOLOGICAL ORDER OF THE DATE OF
CONVICTION, BEGINNING WITH THE MOST RECENT; AND
III. A TEACHER OR SUPERVISOR CONVICTED IN THE LAST FIVE YEARS AND
SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR OF A CLASS B MISDEMEA-
S. 2808--B 86
NOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED
THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED
TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY,
TWO HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A
MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED
NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, WITH LAYOFFS DONE BASED
UPON THE CHRONOLOGICAL ORDER OF THE DATE OF CONVICTION, BEGINNING WITH
THE MOST RECENT;
(M) ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A PENALTY OR
AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
OR LATENESS, OR IMPROPER USE OR RECORDING OF LEAVE TIME; PROVIDED,
HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
(N) ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF MISCONDUCT WERE
SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF
INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF SPECIAL INVESTI-
GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY,
PROVIDED HOWEVER IF THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN
THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT INVES-
TIGATION OF SUBSTANTIATED ALLEGATIONS; AND
(O) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL THE
REQUIREMENTS FOR STATE CERTIFICATION AS OF AUGUST THIRTY-FIRST OF THE
SCHOOL YEAR IN WHICH THERE IS A CITYWIDE LAYOFF, PROVIDED HOWEVER IF
THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY, TEACH-
ERS WHO HAVE BEEN WITHOUT FULL CERTIFICATION FROM THE DEPARTMENT THE
LONGEST SHALL BE LAID OFF FIRST.
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOLISHED
OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL POSITIONS ARE TO BE
ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSITIONS ARE TO BE LAID
OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARAGRAPH. UPON NOTIFICA-
TION BY THE CITY SCHOOL DISTRICT OF THE PUBLIC EMPLOYMENT RELATIONS
BOARD, THE MATTER OF HOW ADDITIONAL LAYOFFS SHALL BE EFFECTUATED SHALL
BE REFERRED TO ARBITRATION. WITHIN TWO DAYS OF RECEIPT OF THE PETITION
THE BOARD SHALL SUBMIT TO THE PARTIES A LIST OF QUALIFIED, DISINTERESTED
PERSONS FOR THE SELECTION OF A SINGLE ARBITRATOR. EACH PARTY SHALL
ALTERNATELY STRIKE FROM THE LIST ONE OF THE NAMES WITH THE ORDER OF
STRIKING DETERMINED BY LOT, UNTIL THE REMAINING ONE PERSON SHALL BE
DESIGNATED TO HEAR THE MATTER. THIS PROCESS SHALL BE COMPLETED WITHIN
ONE DAY OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE BOARD OF
THE DESIGNATED ARBITRATOR. THE ARBITRATION SHALL BE COMMENCED NO LATER
THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS OF THE DATE THE
PARTIES NOTIFIED THE BOARD OF THE DESIGNATION OF THE ARBITRATOR,
PROVIDED THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGU-
LATION TO THE CONTRARY, NO ADJOURNMENTS MAY BE GRANTED THAT WOULD EXTEND
THE ARBITRATION BEYOND SUCH THIRTY DAYS. THE ARBITRATOR SHALL ISSUE A
DECISION TO THE PARTIES WITHIN TEN DAYS OF COMPLETION OF THE HEARING.
SAID DECISION SHALL BE FINAL AND BINDING ON THE RESPECTIVE PARTIES AND
NOT SUBJECT TO JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-FIVE OF THE
CIVIL PRACTICE LAW AND RULES OR ANY OTHER LAW, RULE OR REGULATION. EACH
OF THE RESPECTIVE PARTIES SHALL EQUALLY SHARE THE COST OF THE ARBITRA-
TOR. ANY DECISION ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL NOT PERMIT
S. 2808--B 87
AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
ING SUCH POSITIONS SHALL BE LAID OFF; PROVIDED, HOWEVER, THAT ANY
CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE LAID OFF
OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
TO AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR
IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND PROVIDED FURTHER
THAT ANY DECISION MUST ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF
STAFF LAID OFF SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER OF
POSITIONS IN THE SCHOOL THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE
OF STAFF LAID OFF CITYWIDE; PROVIDED HOWEVER, SAID PERCENTAGE MAY BE
EXCEEDED WHERE THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS
IN A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. SAID
PERCENTAGES SHALL BE CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS
LAID OFF PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH. FOR
PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A
SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
(IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS
OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND DECISION ISSUED PURSU-
ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, OR THE LAYOFFS EFFECTUATED
PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH, THE CITY SCHOOL DISTRICT
SHALL NOT BE PROHIBITED FROM ABOLISHING ALL POSITIONS IN AN ENTIRE
LICENSE AREA.
(V) SHOULD THE CITY SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS FAIL TO ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT OR
REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW NO LATER THAN NINETY DAYS
PRIOR TO THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND
SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE SUBMITTED TO ARBITRATION
PURSUANT TO THE PROCEDURES IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION. ANY DECISION ISSUED PURSUANT TO THIS
SUBPARAGRAPH SHALL BE SIGNIFICANTLY BASED ON THE ANNUAL PROFESSIONAL
PERFORMANCE REVIEW FOR THE PRECEDING SCHOOL YEAR PURSUANT TO SECTION
THREE THOUSAND TWELVE-C OF THIS CHAPTER AND SHALL NOT PERMIT AN EMPLOY-
EE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING
WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
POSITIONS SHALL BE LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION
OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR
FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING
SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL TO AN
EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY
DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND PROVIDED FURTHER THAT
ANY DECISION ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID
OFF SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS
IN THE SCHOOL THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF
LAID OFF CITYWIDE; PROVIDED HOWEVER, SAID PERCENTAGE MAY BE EXCEEDED
WHERE THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS IN A
LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. SAID
PERCENTAGES SHALL BE CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS
LAID OFF PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS
SUBDIVISION. FOR PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE
S. 2808--B 88
DEFINED AS A SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED
STUDENTS ARE ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH
PROGRAM.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
IN ORDER TO MEET SCHOOL BUDGETARY NEEDS, REORGANIZE FUNCTIONS, OR FOR
OTHER COMPELLING REASONS OUTSIDE OF A CITYWIDE REDUCTION IN ACCORDANCE
WITH PARAGRAPH (A) OF THIS SUBDIVISION, PURSUANT TO THE REQUIREMENTS OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY ESTABLISHED
PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED
HOWEVER THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR
PERSONS TO BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY
SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN
ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. FOR POSITIONS
COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER, ANY SUCH
LOCALLY DEVELOPED PROCESS SHALL BE SIGNIFICANTLY BASED ON THE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
SUCH SECTION THREE THOUSAND TWELVE-C AND ITS IMPLEMENTING REGULATIONS.
UNTIL AND UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT LEAST NINETY
DAYS BEFORE THE START OF THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
SCHOOL YEAR, THE FOLLOWING SHALL APPLY:
(I) DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL BE
MADE IN ACCORDANCE WITH THE SAME PROCESS PRESCRIBED FOR MAKING LAYOFF
DECISIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST
BE EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE MATTER SHALL BE REFERRED
TO ARBITRATION AS SET FORTH IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
THIS SUBDIVISION. ANY DECISION BY AN ARBITRATOR PURSUANT TO THIS
SUBPARAGRAPH SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE
SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOL-
ISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED;
PROVIDED HOWEVER THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF
FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSI-
TIONS OR PERSONS TO BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE
CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGA-
TION OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. THE ARBI-
TRATOR SHALL FURTHER BE REQUIRED TO INCORPORATE THE FOLLOWING FACTORS IN
ANY AWARD SETTING FORTH A PROCESS FOR THE DISTRICT REGARDING WHICH POSI-
TIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS ARE
TO BE EXCESSED:
(A) SCHOOLS' NEEDS FOR PARTICULAR LICENSE AREAS; AND
(B) WHEN MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
AREA:
(1) SIGNIFICANT RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR PERFORM-
ANCE OF EACH SUCH PERSON;
S. 2808--B 89
(2) RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH SUCH PERSON
AS DEMONSTRATED ON THE JOB;
(3) OFFICE OR SCHOOL NEEDS, INCLUDING CURRICULUM SPECIALIZED EDUCA-
TION, DEGREES, LICENSES OR AREAS OF EXPERTISE; AND
(4) LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON. SHOULD CITY-
WIDE LAYOFFS IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION BE
CARRIED OUT, A DETERMINATION OF WHETHER ANY TEACHER OR SUPERVISOR SHALL
BE LAID OFF WHOSE POSITION HAS BEEN ABOLISHED AND IS IN EXCESS FROM A
REGULARLY APPOINTED POSITION IN THE DISTRICT FOR LESS THAN SIX MONTHS,
SHALL BE MADE PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION.
(II) SHOULD THE CITY SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS FAIL TO ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT OR
REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW NO LATER THAN
NINETY DAYS PRIOR TO THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE SUBMITTED
TO ARBITRATION PURSUANT TO THE PROCEDURES IN SUBPARAGRAPH (III) OF PARA-
GRAPH A OF SUBDIVISION THREE OF THIS SECTION. ANY DECISION ISSUED PURSU-
ANT TO THIS SUBPARAGRAPH SHALL BE SIGNIFICANTLY BASED ON THE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW FOR THE PRECEDING SCHOOL YEAR PURSUANT
TO SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND SHALL NOT PERMIT
AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
ING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED, HOWEVER, THAT ANY
CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE EXCESSED
OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
TO AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR
IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED;
S 5. Subdivision 4 of section 2588 of the education law is REPEALED
and a new subdivision 4 is added to read as follows:
4. WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSUANT
TO SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION EFFECTIVE BEFORE OR DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR, SHOULD A VACANCY OCCUR IN THE SAME POSITION AT THE
SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF THE DATE WHEN
THE POSITION WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCELLOR OR HIS OR
HER DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO HELD THE POSI-
TION BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE OFFER, OR FAILS
TO RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON SHALL NO LONGER
HAVE A RIGHT TO RETURN TO THE POSITION. IF MORE THAN ONE POSITION WAS
ABOLISHED IN THE SAME LICENSE AREA AT THE SAME SCHOOL OR ADMINISTRATIVE
OFFICE, AND THERE ARE FEWER VACANCIES IN THE SAME LICENSE AREA THAN
PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE CHANCELLOR
SHALL HAVE THE DISCRETION TO DETERMINE WHICH PERSON SHOULD BE OFFERED
THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE TO DETER-
MINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF PURSU-
ANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION. TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPH (I)
OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, AND ALL
TEACHERS OR SUPERVISORS LAID OFF EFFECTIVE FOR THE TWO THOUSAND TWELVE-
-TWO THOUSAND THIRTEEN SCHOOL YEAR AND BEYOND, SHALL HAVE NO RIGHTS TO
RETURN TO A VACANT POSITION PURSUANT TO THIS SECTION.
S. 2808--B 90
S 6. Subdivision 7 of section 2588 of the education law is REPEALED.
S 7. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
S 8. This act shall take effect immediately.
PART FF
Section 1. Section 3 of part NN of chapter 57 of the laws of 2008
relating to authorizing the New York state mortgage agency to transfer
certain moneys, as amended by section 1 of part B of chapter 2 of the
laws of 2009, is amended to read as follows:
S 3. (A) Within the amounts transferred to the corporation pursuant to
section one of this act for the greater Catskills flood remediation
program, the corporation shall provide funds to the counties of Broome,
Chenango, Delaware, Herkimer, Montgomery, Orange, Otsego, Schoharie,
Sullivan, Tioga and Ulster, upon application by a county and within the
amounts available for disbursement to such county, to enable the coun-
ties to purchase and demolish one or two family homes that have been
certified by the local building inspector and county emergency manage-
ment director, to the satisfaction of the corporation, as having been
subject to one or more incidents of flooding since April 1, 2004 and as
likely to be subject to a future flood incident that would cause
substantial damage thereto. Any application by a county for disbursement
of funds under this act shall demonstrate, to the satisfaction of the
corporation, that: (1) the home is occupied as the primary residence of
an owner with a family income of up to one hundred fifty percent of the
area median income as defined by the United States department of housing
and urban development, provided, however, that an otherwise eligible
home shall be eligible for purchase under this act if the current owner
can demonstrate that the home was occupied as the owner's primary resi-
dence prior to a flood event that rendered the home unsuitable for habi-
tation; (2) the current appraised value of the home does not exceed two
hundred fifty thousand dollars and the purchase price for the home will
not exceed the appraised value less the amount of any property casualty
insurance or disaster relief payments received by the owner as compen-
sation for damage incurred in a flood incident; (3) all recorded liens
or other encumbrances on the home will be released at closing; (4) the
county provides assurances that the home will be condemned and the prop-
erty will be dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, flood mitigation or wetlands
management practices; and (5) disbursements under this section shall be
limited to the costs of acquisition of eligible homes, including legal,
appraisal, recording and other transaction costs, and the costs of demo-
lition. In selecting homes for purchase pursuant to this act, each
county shall give preference to homes with a current appraised value of
less than one hundred fifty thousand dollars and to homes that have been
subject to two or more incidents of flooding since April 1, 2004. The
corporation shall establish policies and procedures consistent with this
section, which shall include county reporting requirements, and shall
report to the governor, the speaker of the assembly, the temporary pres-
ident of the senate and the director of the division of the budget on or
S. 2808--B 91
before December 31, 2008 regarding the implementation of this section.
Of the amounts transferred to the corporation pursuant to section one of
this act, the amounts disbursed to counties pursuant to this section
shall not exceed the following amounts: Broome, $750,000; Chenango,
$750,000; Delaware, $2,000,000; Herkimer, $750,000; Montgomery,
$750,000; Orange, $2,000,000; Otsego, $750,000; Schoharie, $750,000;
Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
(B) ANY FUNDS NOT UNDER CONTRACT OR GRANT AGREEMENT BETWEEN ANY COUNTY
PROVIDED FOR BY THIS SECTION AND THE STATE OF NEW YORK OR ANY OF ITS
DIVISIONS OR AGENCIES ON OR BY JANUARY 1, 2010 MAY BE USED, UPON A FIND-
ING BY THE CORPORATION THAT SUCH FUNDS ARE AVAILABLE, BY ULSTER COUNTY,
WHETHER THE FUNDS ARE ALLOCATED TO SUCH COUNTY OR TO ANOTHER COUNTY
UNDER THIS PROGRAM, TO PURCHASE HOMES WHICH OTHERWISE MEET THE REQUIRE-
MENTS OF SUBDIVISION (A) OF THIS SECTION AND ARE IN ULSTER COUNTY,
AND/OR OTHERWISE PURCHASE HOMES WHICH ARE VALUED AT UNDER $250,000 UPON
A FINDING BY THE CORPORATION THAT: (1) THE HOMES HAVE BEEN SUBJECTED TO
SEEPAGE OF WATER INTO THE HOMES EITHER THROUGH THE WALLS OR FOUNDATION
OF SUCH HOME OR WATER OTHERWISE ENTERS INTO THE HOME OTHER THAN THROUGH
PIPES INTENDED FOR SUCH PURPOSE, AND (2) THE HOME IS SITUATED WITHIN TWO
MILES OF AN UNDERGROUND AQUEDUCT OWNED, MAINTAINED OR OPERATED BY THE
CITY OF NEW YORK OR ANY BOARD, AGENCY, DEPARTMENT OR BUREAU THEREOF AND
IS USED FOR THE TRANSPORT OF DRINKING WATER TO THE CITY OF NEW YORK.
THE REQUIREMENTS ENUMERATED IN PARAGRAPHS ONE THROUGH FIVE OF SUBDIVI-
SION (A) OF THIS SECTION SHALL APPLY, PROVIDED, HOWEVER THAT NOTWITH-
STANDING THE REQUIREMENTS OF PARAGRAPH ONE OF SUBDIVISION (A) OF THIS
SECTION, NO PERSON OR PERSONS WHO OTHERWISE MEETS THE REQUIREMENTS OF
THIS SUBDIVISION SHALL BE EXCLUDED ON THE BASIS OF INCOME AND IT IS
FURTHER PROVIDED THAT THE COSTS OF DEMOLITION OF ANY HOME PURCHASED
THROUGH THIS SECTION ARE AN ELIGIBLE COST. IN MAKING DETERMINATIONS OF
WHICH HOMES TO PURCHASE, THE COUNTY SHALL FIRST SEEK TO EXPEND FUNDS TO
PURCHASE THOSE HOMES WHICH MEET THE REQUIREMENTS ENUMERATED IN PARA-
GRAPHS ONE AND TWO OF THIS SUBDIVISION.
S 2. This act shall take effect immediately.
PART GG
Section 1. The social services law is amended by adding a new section
37-a to read as follows:
S 37-A. CONSOLIDATION OF TOLL FREE HOTLINES. 1. THE COMPTROLLER SHALL
CONDUCT A STUDY IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY
SERVICES AND A NOT-FOR-PROFIT ENTITY WITH EXPERIENCE IN PROVIDING
BROAD-BASED ACCESS TO A LARGE SPECTRUM OF HUMAN SERVICES ON THE NEW YORK
STATE OPERATED TOLL FREE NUMBERS THAT PROVIDE INFORMATION ON HUMAN
SERVICES. THE STUDY SHALL IDENTIFY WHICH OF THE EXISTING STATE OPERATED
TOLL FREE HUMAN SERVICES HOTLINES SHALL BE CONSOLIDATED UNDER THE 211
RESOURCE AND REFERRAL HOTLINE. SUCH STUDY SHALL BE PROVIDED TO THE
LEGISLATURE AND THE DIVISION OF THE BUDGET NO LATER THAN JULY
THIRTY-FIRST, TWO THOUSAND ELEVEN.
2. STATE OPERATED TOLL FREE HUMAN SERVICES HOTLINES IDENTIFIED UNDER
SUCH STUDY SHALL BE ELIMINATED EFFECTIVE DECEMBER THIRTY-FIRST, TWO
THOUSAND ELEVEN AND SUCH SERVICES SHALL BE PROVIDED BY THE 211 RESOURCE
AND REFERRAL HOTLINE BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN.
3. FUNDING PROVIDED FOR IN THE STATE FISCAL YEAR TWO THOUSAND ELEVEN-
-TWO THOUSAND TWELVE STATE BUDGET FOR THE COSTS ASSOCIATED WITH THE
EXISTING STATE OPERATED TOLL FREE HUMAN SERVICES HOTLINES IDENTIFIED FOR
CONSOLIDATION APPROPRIATED BUT NOT ENCUMBERED AS OF DECEMBER
S. 2808--B 92
THIRTY-FIRST, TWO THOUSAND ELEVEN SHALL BE TRANSFERRED TO THE INTERNAL
SERVICES 211 SYSTEM ACCOUNT ON JANUARY FIRST, TWO THOUSAND TWELVE.
4. AGENCIES ADMINISTERING THE EXISTING STATE OPERATED TOLL FREE HUMAN
SERVICES HOTLINES ARE REQUIRED TO TRANSFER PAYMENT FOR THE 211 SYSTEM
SERVICES UNDER THE INTERNAL SERVICES 211 SYSTEM ACCOUNT IN AN AMOUNT TO
BE APPORTIONED BY THE DIRECTOR OF THE BUDGET BUT NOT LESS THAN THREE
MILLION NINE HUNDRED THOUSAND DOLLARS BEGINNING ON JANUARY FIRST, TWO
THOUSAND TWELVE AND THEREAFTER.
S 2. This act shall take effect immediately.
PART HH
Intentionally omitted.
PART II
Section 1. Section 352 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE STATE SHALL
ANNUALLY APPROPRIATE AND PAY AN AMOUNT EQUAL TO AVAILABLE STATE SUPPORT
FOR THE STATE UNIVERSITY. SUCH STATE PAYMENT SHALL BE MADE IN FOUR
INSTALLMENTS, ON OR BEFORE THE FIRST WEEK OF JULY, OCTOBER, JANUARY AND
APRIL.
S 2. State university of New York appropriation structure. Notwith-
standing any other provision of law to the contrary, gross operating
support for the state-operated and statutory and contract colleges of
the state university of New York shall be appropriated in a newly
created agency fund, and all gross operating expenses thereof, except
for general state charges centrally administered, shall be charged
against such fund in the first instance. The state comptroller may
establish such fund to allow for the full deposit of funds to support
such appropriations from the state's general fund and the state univer-
sity of New York tuition revenue account according to annual transfer
amounts approved for such purpose.
S 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2012, the following amounts:
1. $832,303,500 to be transferred in four payments falling on or
before the first week of April, July, October, and January from the
general fund to the State University of New York Agency Trust Fund
(176). This amount shall represent the state share of funding, net of
available appropriations, for the time period between April 1, 2011 and
March 31, 2012.
2. An amount up to $1,281,784,000 to be transferred from the State
University Income Fund (345) State University Revenue Offset Account
(12) to the State University of New York Agency Trust Fund (176). This
amount shall represent the total amount of tuition and other revenue
available for the time period between July 1, 2011 and June 30, 2012.
S 4. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2015.
PART JJ
Section 1. Subdivision 6 of section 529 of the executive law is
amended by adding two new paragraphs (a) and (d) to read as follows:
S. 2808--B 93
(A) NO LATER THAN JUNE THIRTIETH EACH YEAR, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL PROVIDE THE STATE LEGISLATURE AND SOCIAL SERVICES
DISTRICTS WITH A DETAILED REPORT ON TOTAL COST AND THE OPERATING CAPACI-
TY AT OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES DURING THE PRIOR
STATE FISCAL YEAR. SUCH REPORT SHALL INCLUDE BUT NEED NOT BE LIMITED TO
INFORMATION ON COSTS RELATED TO LABOR, PHYSICAL PLANT MAINTENANCE AND
FOOD AND UTILITY EXPENDITURES AS WELL AS INFORMATION ON THE MAXIMUM
NUMBER OF JUVENILES THAT CAN BE PLACED IN OFFICE FACILITIES AND STAFFING
LEVELS AT SUCH FACILITIES. SUCH REPORT SHALL ALSO INCLUDE INFORMATION ON
JUVENILES THAT HAVE BEEN MOVED FROM ONE FACILITY TO ANOTHER DURING THE
STATE FISCAL YEAR AND SHALL NAME THE FACILITIES FROM WHICH SUCH JUVE-
NILES WERE MOVED AND IN WHICH THEY WERE LATER PLACED. IF THE REPORT
PROVIDED PURSUANT TO THIS PARAGRAPH IS BASED, IN WHOLE OR IN PART, ON AN
AUDIT PERFORMED ON BEHALF OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE THE STATE
LEGISLATURE AND SOCIAL SERVICES DISTRICTS WITH A COPY OF SUCH AUDIT AT
THE TIME IT PROVIDES THE REPORT FOR THE PRIOR STATE FISCAL YEAR.
(D) IF THE OFFICE OF CHILDREN AND FAMILY SERVICES USES INTERIM
REIMBURSEMENT RATES TO BILL LOCALITIES FOR A STATE FISCAL YEAR AND
ADJUSTS THOSE RATES AFTER THE CLOSE OF SUCH FISCAL YEAR, SUCH OFFICE
SHALL ISSUE FINAL ADJUSTED REIMBURSEMENT RATES NO LATER THAN MARCH THIR-
TY-FIRST DURING THE STATE FISCAL YEAR IMMEDIATELY FOLLOWING THE STATE
FISCAL YEAR FOR WHICH REIMBURSEMENT RATES ARE ADJUSTED. IF THE OFFICE OF
CHILDREN AND FAMILY SERVICES FAILS TO ADJUST RATES BY SUCH DATE, NO
ADJUSTMENTS TO THE ORIGINAL REIMBURSEMENT RATE FOR THE PRIOR STATE
FISCAL YEAR SHALL BE PERMITTED.
S 2. This act shall take effect immediately.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through JJ of this act shall be
as specifically set forth in the last section of such Parts.
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