 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10498
 
                   IN ASSEMBLY
 
                                      May 30, 2022
                                       ___________
 
        Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
          De Los Santos) -- read once and referred to the Committee on Ways  and
          Means
 
        AN  ACT  to  amend  the  education  law, in relation to the contract for
          excellence in a city school district in a city having a population  of
          one million or more inhabitants

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
     2  tion law, as amended by section 1 of part A of chapter 56 of the laws of
     3  2022, is amended to read as follows:
     4    e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
     5  district  that  submitted a contract for excellence for the two thousand
     6  eight--two thousand nine school year shall submit a contract for  excel-
     7  lence  for  the  two  thousand  nine--two  thousand  ten  school year in
     8  conformity with the requirements of subparagraph (vi) of paragraph a  of
     9  subdivision  two  of this section unless all schools in the district are
    10  identified as in good standing  and  provided  further  that,  a  school
    11  district  that  submitted a contract for excellence for the two thousand
    12  nine--two thousand ten school year, unless all schools in  the  district
    13  are  identified  as in good standing, shall submit a contract for excel-
    14  lence for the two thousand eleven--two thousand twelve school year which
    15  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    16  graph  a of subdivision two of this section, provide for the expenditure
    17  of an amount which shall be not less than  the  product  of  the  amount
    18  approved  by the commissioner in the contract for excellence for the two
    19  thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
    20  district's  gap  elimination  adjustment percentage and provided further
    21  that, a school district that submitted a contract for excellence for the
    22  two thousand eleven--two thousand twelve school year, unless all schools
    23  in the district are identified as  in  good  standing,  shall  submit  a
    24  contract  for excellence for the two thousand twelve--two thousand thir-
    25  teen school  year  which  shall,  notwithstanding  the  requirements  of
    26  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16015-03-2
        A. 10498                            2
 
     1  provide for the expenditure of an amount which shall be  not  less  than
     2  the  amount  approved by the commissioner in the contract for excellence
     3  for the  two  thousand  eleven--two  thousand  twelve  school  year  and
     4  provided  further  that, a school district that submitted a contract for
     5  excellence for the two thousand  twelve--two  thousand  thirteen  school
     6  year,  unless  all  schools  in  the  district are identified as in good
     7  standing, shall submit a contract for excellence for  the  two  thousand
     8  thirteen--two thousand fourteen school year which shall, notwithstanding
     9  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    10  of this section, provide for the expenditure of an amount which shall be
    11  not less than the amount approved by the commissioner  in  the  contract
    12  for excellence for the two thousand twelve--two thousand thirteen school
    13  year  and  provided  further  that,  a  school district that submitted a
    14  contract for excellence for  the  two  thousand  thirteen--two  thousand
    15  fourteen  school year, unless all schools in the district are identified
    16  as in good standing, shall submit a contract for excellence for the  two
    17  thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
    18  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    19  subdivision  two  of  this  section,  provide  for the expenditure of an
    20  amount which shall be not less than the amount approved by  the  commis-
    21  sioner in the contract for excellence for the two thousand thirteen--two
    22  thousand  fourteen  school  year;  and  provided  further that, a school
    23  district that submitted a contract for excellence for the  two  thousand
    24  fourteen--two  thousand  fifteen  school year, unless all schools in the
    25  district are identified as in good standing, shall submit a contract for
    26  excellence for the two thousand  fifteen--two  thousand  sixteen  school
    27  year  which shall, notwithstanding the requirements of subparagraph (vi)
    28  of paragraph a of subdivision two  of  this  section,  provide  for  the
    29  expenditure  of  an  amount  which  shall  be  not  less than the amount
    30  approved by the commissioner in the contract for excellence for the  two
    31  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    32  further that a school district that submitted a contract for  excellence
    33  for  the  two thousand fifteen--two thousand sixteen school year, unless
    34  all schools in the district are identified as in  good  standing,  shall
    35  submit a contract for excellence for the two thousand sixteen--two thou-
    36  sand seventeen school year which shall, notwithstanding the requirements
    37  of  subparagraph (vi) of paragraph a of subdivision two of this section,
    38  provide for the expenditure of an amount which shall be  not  less  than
    39  the  amount  approved by the commissioner in the contract for excellence
    40  for the two thousand fifteen--two  thousand  sixteen  school  year;  and
    41  provided  further  that, a school district that submitted a contract for
    42  excellence for the two thousand sixteen--two thousand  seventeen  school
    43  year,  unless  all  schools  in  the  district are identified as in good
    44  standing, shall submit a contract for excellence for  the  two  thousand
    45  seventeen--two  thousand eighteen school year which shall, notwithstand-
    46  ing the requirements of subparagraph (vi) of paragraph a of  subdivision
    47  two  of  this  section,  provide  for the expenditure of an amount which
    48  shall be not less than the amount approved by the  commissioner  in  the
    49  contract  for  excellence  for  the  two  thousand sixteen--two thousand
    50  seventeen school year; and provided further that a school district  that
    51  submitted  a contract for excellence for the two thousand seventeen--two
    52  thousand eighteen school year, unless all schools in  the  district  are
    53  identified  as  in good standing, shall submit a contract for excellence
    54  for the two thousand eighteen--two thousand nineteen school  year  which
    55  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    56  graph a of subdivision two of this section, provide for the  expenditure
        A. 10498                            3
 
     1  of  an  amount  which  shall be not less than the amount approved by the
     2  commissioner in the contract for excellence for the two thousand  seven-
     3  teen--two  thousand  eighteen  school year; and provided further that, a
     4  school  district  that  submitted  a contract for excellence for the two
     5  thousand eighteen--two thousand nineteen school year, unless all schools
     6  in the district are identified as  in  good  standing,  shall  submit  a
     7  contract  for  excellence  for  the  two thousand nineteen--two thousand
     8  twenty school year which  shall,  notwithstanding  the  requirements  of
     9  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    10  provide for the expenditure of an amount which shall be  not  less  than
    11  the  amount  approved by the commissioner in the contract for excellence
    12  for the two thousand eighteen--two thousand nineteen  school  year;  and
    13  provided  further  that, a school district that submitted a contract for
    14  excellence for the two thousand  nineteen--two  thousand  twenty  school
    15  year,  unless  all  schools  in  the  district are identified as in good
    16  standing, shall submit a contract for excellence for  the  two  thousand
    17  twenty--two thousand twenty-one school year which shall, notwithstanding
    18  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    19  of this section, provide for the expenditure of an amount which shall be
    20  not less than the amount approved by the commissioner  in  the  contract
    21  for excellence for the two thousand nineteen--two thousand twenty school
    22  year;  and  provided  further  that,  a school district that submitted a
    23  contract for excellence for the two thousand twenty--two thousand  twen-
    24  ty-one school year, unless all schools in the district are identified as
    25  in  good  standing,  shall  submit a contract for excellence for the two
    26  thousand twenty-one--two thousand twenty-two school  year  which  shall,
    27  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    28  subdivision two of this section,  provide  for  the  expenditure  of  an
    29  amount  which  shall be not less than the amount approved by the commis-
    30  sioner in the contract for excellence for the two  thousand  twenty--two
    31  thousand  twenty-one  school  year;  and provided further that, a school
    32  district that submitted a contract for excellence for the  two  thousand
    33  twenty-one--two  thousand  twenty-two school year, unless all schools in
    34  the district are identified as in good standing, shall submit a contract
    35  for excellence for the two  thousand  twenty-two--two  thousand  twenty-
    36  three  school  year  which  shall,  notwithstanding  the requirements of
    37  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    38  provide  for  the  expenditure of an amount which shall be not less than
    39  the amount approved by the commissioner in the contract  for  excellence
    40  for  the  two  thousand twenty-one--two thousand twenty-two school year;
    41  provided, however, that, in a city school district in a  city  having  a
    42  population  of  one million or more, notwithstanding the requirements of
    43  subparagraph (vi) of paragraph a of subdivision two of this section, the
    44  contract for excellence shall provide for the expenditure as  set  forth
    45  in  subparagraph  (v) of paragraph a of subdivision two of this section.
    46  For purposes of this paragraph, the "gap elimination adjustment percent-
    47  age" shall be calculated as the sum of one minus the quotient of the sum
    48  of the school district's net gap elimination adjustment for two thousand
    49  ten--two thousand eleven computed pursuant to chapter fifty-three of the
    50  laws of two thousand ten,  making  appropriations  for  the  support  of
    51  government,  plus  the  school district's gap elimination adjustment for
    52  two thousand eleven--two thousand twelve as computed pursuant to chapter
    53  fifty-three of the laws of two thousand  eleven,  making  appropriations
    54  for  the  support  of the local assistance budget, including support for
    55  general support for public schools, divided by the total aid for adjust-
    56  ment computed pursuant to chapter fifty-three of the laws of  two  thou-
        A. 10498                            4
 
     1  sand  eleven,  making  appropriations  for  the local assistance budget,
     2  including support for general  support  for  public  schools.  Provided,
     3  further,  that  such  amount  shall  be expended to support and maintain
     4  allowable programs and activities approved in the two thousand nine--two
     5  thousand  ten  school  year  or  to  support  new  or expanded allowable
     6  programs and activities in the current year.
     7    § 2. Subparagraph (v) of paragraph a of subdivision 2 of section 211-d
     8  of the education law, as amended by section 2 of part A of chapter 57 of
     9  the laws of 2008, is amended to read as follows:
    10    (v) In a city school district in a city having  a  population  of  one
    11  million or more inhabitants, each contract for excellence shall describe
    12  how  the  amounts apportioned to the school district in the current year
    13  as total foundation aid and academic achievement grants,  in  excess  of
    14  one  hundred  three  percent  of the district's foundation aid base, [as
    15  adjusted for additional amounts payable as charter school basic  tuition
    16  over such amount payable in the base year,] shall be used to support new
    17  programs and new activities or expand the use of programs and activities
    18  demonstrated  to  improve  student  achievement; provided however, up to
    19  thirty million dollars or  twenty-five  percent  of  additional  funding
    20  received in the current year, whichever is less, may be used to maintain
    21  investments  in  the  programs  and  activities listed in paragraph a of
    22  subdivision three of this section.
    23    § 3. Subparagraphs (ii) and (iii) of paragraph (b) of subdivision 2 of
    24  section 211-d of the education law,  subparagraph  (ii)  as  amended  by
    25  section  2  of  part  A  of chapter 57 of the laws of 2008, subparagraph
    26  (iii) as added by section 3-a of part A of chapter 57  of  the  laws  of
    27  2009, are amended to read as follows:
    28    (ii)  (A)  In  a city school district in a city having a population of
    29  one million or more inhabitants such contract shall also include a plan,
    30  which shall be developed in collaboration with the collective bargaining
    31  units representing teachers and the principals and signed off on by  the
    32  chancellor  and the presidents of each bargaining unit, to reduce [aver-
    33  age] actual class sizes, [as defined by the  commissioner,  within  five
    34  years  for the following grade ranges: (A) pre-kindergarten-third grade]
    35  beginning September two  thousand  twenty-two  and  to  be  achieved  by
    36  September  two thousand twenty-seven for all classes, with the exception
    37  of physical education and performing groups, as follows: (1)  kindergar-
    38  ten-third  grade  to  have no more than twenty students per class; [(B)]
    39  (2) fourth-eighth grade to have no more than twenty-three  students  per
    40  class;  and  [(C)]  (3)  high  school  to  have no more than twenty-five
    41  students per class. [Such]  Physical  education  and  performing  groups
    42  shall  have  no  more  than forty students per class at all levels. Each
    43  year of the plan, an additional twenty percent of the classrooms in  the
    44  city  school  district, excluding special education classes, shall be in
    45  compliance with the  class  size  targets  such  that  the  city  school
    46  district  is  in  full  compliance  by two thousand twenty-seven and all
    47  classes should maintain the target class size. The class size  reduction
    48  plan  shall  prioritize  schools serving populations with higher poverty
    49  levels.
    50    (B) The class size reduction plan shall include [class size  reduction
    51  for  low  performing and overcrowded schools and also] any exemptions to
    52  the class size targets. These exemptions shall be limited to: (1) space;
    53  (2) over-enrolled students; (3) license area shortages; and  (4)  severe
    54  economic distress. Any such exemptions shall be approved by the chancel-
    55  lor  and  the presidents of the collective bargaining units representing
    56  the teachers and the principals as part  of  the  class  size  reduction
        A. 10498                            5
 
     1  plan.    Should  the  chancellor  and  the  presidents of the collective
     2  bargaining units representing the teachers and the principals be  unable
     3  to  reach agreement on the exemptions after thirty days, the issue shall
     4  be  determined  by  an  arbitrator.  In addition, any exemption based on
     5  available space shall include a  reference  to  the  capital  budget  to
     6  demonstrate  that  the  budget  is  aligned with resolving the exemption
     7  status. Exempted classes, for the years in which they  are  exempt,  and
     8  special  education  classes  shall  not  count toward the twenty percent
     9  target.
    10    (C) The class size reduction plan shall also include the methods to be
    11  used to achieve [such] the class  [sizes]  size  targets,  such  as  the
    12  creation  or  construction  of more classrooms and school buildings, the
    13  placement of more than one teacher in a classroom or methods  to  other-
    14  wise  reduce  the  student  to  teacher  ratio[; provided, however, that
    15  notwithstanding any law, rule or regulation to the  contrary,  the  sole
    16  and  exclusive  remedy for a violation of the requirements of this para-
    17  graph shall be pursuant to a petition to the commissioner under subdivi-
    18  sion seven of section three hundred ten of this title, and the  decision
    19  of  the  commissioner on such petition shall be final and unreviewable],
    20  but only as a temporary measure until more classrooms are made available
    21  in conformance with the plan. For elective and  specialty  classes,  the
    22  collective  bargaining  unit  representing  teachers may negotiate class
    23  sizes higher than the targets if such increase is approved by a majority
    24  of the staff in the school.
    25    (iii) A city school district in a city  having  a  population  of  one
    26  million  or more inhabitants shall prepare [a report] annual reports, on
    27  the dates set forth below, to the commissioner  on  the  status  of  the
    28  implementation of its plan to reduce [average] actual class sizes pursu-
    29  ant to subparagraph (ii) of this paragraph. Such report shall [identify]
    30  be  publicly  released and posted on the city school district's website,
    31  identifying all schools that  received  funds  targeted  at  class  size
    32  reduction  efforts  pursuant  to  the  requirements  of this section and
    33  [provide] providing the following information regarding such schools:
    34    (A) the amount of contract  for  excellence  funds  received  by  each
    35  school and the school year in which it received such funds;
    36    (B)  a  detailed  description  of  how  contract  for excellence funds
    37  contributed to achieving  class  size  reduction  in  each  school  that
    38  received  such  funding  including specific information on the number of
    39  [classrooms] classes in each school  that  existed  prior  to  receiving
    40  contract for excellence funds and the number of new [classrooms] classes
    41  that  were  created  in  each  school  for  each  year  such funding was
    42  received, the number of classroom teachers that existed in  each  school
    43  prior  to  receiving contract for excellence funds and the number of new
    44  classroom teachers in  each  school  for  each  year  such  funding  was
    45  received, the student to teacher ratio in each school prior to receiving
    46  contract  for  excellence funds and the student to teacher ratio in each
    47  school for each year such funding was received;
    48    (C) the actual student enrollment for the [two thousand six--two thou-
    49  sand seven school year, the actual student enrollment for the two  thou-
    50  sand  seven--two  thousand eight school year, the actual student enroll-
    51  ment for the two thousand eight--two thousand nine school year,] current
    52  school year and the projected student enrollment for the  [two  thousand
    53  nine--two  thousand  ten]  upcoming school year for each school by grade
    54  level;
    55    (D) the actual [average] class sizes for the  [two  thousand  six--two
    56  thousand  seven  school year, the actual average class sizes for the two
        A. 10498                            6

     1  thousand seven--two thousand eight school year, the actual average class
     2  sizes for the two thousand  eight--two  thousand  nine]  current  school
     3  year,  and  the  projected  [average]  class sizes for the [two thousand
     4  nine--two  thousand  ten]  upcoming school year for each school by grade
     5  level; [and]
     6    (E) the annual capital plan for school  construction  and  leasing  to
     7  show how many classrooms will be added in each year and in which schools
     8  and districts to achieve the class size targets;
     9    (F)  how the school capacity and utilization formula is aligned to the
    10  class size targets in the city school district's  class  size  reduction
    11  plan; and
    12    (G)  the schools that have made insufficient progress toward achieving
    13  the class size reduction [goals  outlined]  targets  set  forth  in  the
    14  approved  [five year] class size reduction plan pursuant to subparagraph
    15  (ii) of this paragraph and a detailed description of  the  actions  that
    16  will be taken to reduce class sizes in such schools.
    17    [Such  report  shall  be  submitted  to  the commissioner on or before
    18  November seventeenth, two thousand nine and shall be made  available  to
    19  the  public  by such date.] The report shall be submitted to the commis-
    20  sioner on or before November fifteenth of each year and  made  available
    21  to the public by such date on the city school district's website. If the
    22  department determines that the November fifteenth report does not demon-
    23  strate  sufficient decreases in class size, the department shall issue a
    24  letter making that determination public on  its  website  and  the  city
    25  school  district  shall immediately submit a plan for corrective action,
    26  which shall be developed in collaboration with the collective bargaining
    27  units representing the teachers and the principals and signed off on  by
    28  the chancellor and the president of each collective bargaining unit. The
    29  city  school district's corrective action plan shall also be made avail-
    30  able to the public on the city school district's website upon submission
    31  to the department. The final corrective action plan shall be made avail-
    32  able to the public upon approval by the  department.  The  report  shall
    33  also  be certified by the state or city comptroller that the city school
    34  district's capital and education funding plans will  provide  sufficient
    35  space  and  staffing  for  the reduction in class size set forth in this
    36  paragraph and, if not, what measures and/or funding should be  added  to
    37  the plan to achieve such targets.
    38    (iv)  Provided  the commissioner approves and the city school district
    39  remains in compliance with the class size reduction plan, as  set  forth
    40  herein,  the  state  shall  take such compliance into consideration when
    41  determining increases in foundation aid.
    42    (v) In addition to the annual reports, the city school district  shall
    43  submit  a financial impact statement on November fifteenth, two thousand
    44  twenty-four. The financial impact statement may recommend a pause of the
    45  class size reduction plan, but in no event may it result in a roll  back
    46  or increase in class sizes.
    47    §  4.  Paragraph  d of subdivision 4 of section 211-d of the education
    48  law, as added by section 12 of part A of chapter 57 of the laws of 2007,
    49  is amended to read as follows:
    50    d. [For the two thousand seven--two thousand eight school year, school
    51  districts shall solicit public comment on  their  contracts  for  excel-
    52  lence.]  In  a city school district in a city of one million or more in-
    53  habitants, the public process set forth in paragraphs  a  through  c  of
    54  this  subdivision shall commence no later than thirty days after a state
    55  budget is enacted each year and be completed no later than  thirty  days
    56  after  its  commencement. Notice of the public process shall be provided
        A. 10498                            7
 
     1  fifteen days prior to the commencement of the first public  hearing  and
     2  shall  be posted on the city school district's website as well as trans-
     3  mitted via email to school administrators, parent and teacher  organiza-
     4  tions,  and  elected officials. The proposed plan shall be submitted for
     5  state approval within two weeks following the completion of  the  public
     6  process. The proposed plan shall be posted on the city school district's
     7  website  within twenty-four hours of its submission along with a summary
     8  of the public comments and the city school  district's  explanation  and
     9  reasons  for  which  public comments were incorporated into the proposed
    10  plan and which public comments were not incorporated into  the  proposed
    11  plan.
    12    §  5. Subdivision 5 of section 211-d of the education law, as added by
    13  section 12 of part A of chapter 57 of the laws of 2007,  is  amended  to
    14  read as follows:
    15    5. a. Each contract for excellence shall be subject to approval by the
    16  commissioner  and his or her certification that the expenditure of addi-
    17  tional aid or grant amounts is in accordance  with  subdivision  two  of
    18  this section.
    19    b.  In a city school district of one million or more inhabitants, upon
    20  approval of the contract for excellence, one-third of the  contract  for
    21  excellence  funds  shall  be  released  to the city school district. The
    22  remainder of the funds shall be released to  the  city  school  district
    23  upon  submission  of the November fifteenth report described in subdivi-
    24  sion two of this section, only if such  report  demonstrates  sufficient
    25  reduction  in  class  sizes,  and  the  remainder  of the funds shall be
    26  released upon submission by the city school district of  the  corrective
    27  action  plan  described in subdivision two of this section. In the years
    28  following a year which required a corrective  action  plan  pursuant  to
    29  subdivision  two of this section, no contract for excellence funds shall
    30  be provided by the state until and unless such  corrective  action  plan
    31  has been fully implemented.
    32    §  6. This act shall take effect immediately; provided that the amend-
    33  ments to paragraph e of subdivision 1 of section 211-d of the  education
    34  law  made  by section one of this act shall take effect on the same date
    35  and in the same manner as section 1 of part A of chapter 56 of the  laws
    36  of 2022, takes effect.