This bill has been amended

Bill S2808B-2011

Enacts into law major components of legislation which are necessary to implement the education, labor and family assistance budget

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.

Details

Actions

  • 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

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.


Text

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus