assembly Bill A9219A

Enacts the "education reform act of 2010"

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Sponsor

HOYT

Co-Sponsors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Oct / 2009
    • REFERRED TO EDUCATION
  • 06 / Jan / 2010
    • REFERRED TO EDUCATION
  • 27 / Jan / 2010
    • AMEND (T) AND RECOMMIT TO EDUCATION
  • 27 / Jan / 2010
    • PRINT NUMBER 9219A

Summary

Enacts the "education reform act of 2010".

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Bill Details

See Senate Version of this Bill:
S6251A
Versions:
A9219
A9219A
Legislative Cycle:
2009-2010
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally

Sponsor Memo

BILL NUMBER:A9219A

TITLE OF BILL: An act to amend the education law, in relation to
authorizing boards of cooperative educational services to contract with
charter schools, clarifying that five-year charters for charter schools
comprise five school years in which instruction is provided to pupils,
removing the cap on the total number of charter schools in the state,
allowing charter schools to operate at more than one site, authorizing
the provision of facilities aid to charter schools and to authorizing
charter schools to operate pre-kindergarten programs (Part A); to amend
the education law, in relation to mandating an immediate review of math-
ematics, science and technology regents standards and establishing stan-
dards that are globally competitive (Part B); to amend the education
law, in relation to the availability of school district and board of
cooperative educational services report cards, establishing a more
comprehensive school evaluation system for grading public schools within
the state and establishing an educational data warehouse (Part C); and
to amend the education law, in relation to evaluation of teachers and
school district employee disciplinary proceedings (Part D)

PURPOSE OR GENERAL IDEA OF BILL: Enacts the Education Reform Act of
2010. Establishes rigorous standards and accountability across the spec-
trum of schools to allow our state to drastically improve our economy by
creating educated citizens more capable of contributing effectively and
dynamically to the workforce of the 21st century. Also improves New
York's competitive to secure federal education funding through the Race
to the Top program to implement reform and assist in confronting the
state's worsening fiscal condition.

SUMMARY OF SPECIFIC PROVISIONS:

Part A - Charter schools

Section 1 - Amends paragraph h of subdivision 4 of section 1950 of the
education law to allow BOCES to enter into contracts to provide services
to charter schools

Sections 2 & 4 - Amends paragraph (p) of subdivision 2 of section 2851
and paragraph (a) of subdivision 1 of section 2853 of the education law,
the latter added by chapter 4 of the laws of 1998, to clarify that char-
ter terms comprise 5 instructional, not calendar, years

Section 3 - Amends subdivision 9 of section 2852 of the education law,
as amended by section 2 of part D-2 of chapter 57 of the laws of 2007 to
provide that there shall be no limit on the number of charter schools

Section 5 - Amends paragraph (b-1) of subdivision 1 of section 2853 of
the education law, as added by chapter 4 of the laws of 1998, to allow
individual charters to operate at multiple locations

Section 6 - Amends paragraph (c) of subdivision 2 of section 2854 of the
education law, as added by chapter 4 of the laws of 1998, to allow char-
ters to offer pre-kindergarten programs

Section 7 - Adds a new paragraph (d) to subdivision 1 of section 2856 of
the education law allowing charter schools to qualify for facilities aid
from the state.

Section 8 - Amends subdivision 1 of section 2856 of the education law,
as separately amended by chapter 4 of the laws of 1998 and section 12 of
Part A of chapter 57 of the laws of 2009 to provide the formula for such
facilities aid.

Section 9 - This act shall take effect July 1, 2010; provided that the
amendments to subdivision 1 of section 2856 of the education law made by
section 7 of this act shall be subject to the expiration and reversion
of such subdivision pursuant to subdivision d of section 27 of the laws
of 2007, as amended, when upon such date the provisions of section eight
of this act shall take effect.

Part B - Math & Science standards

Section 1 - Amends section 211 of the education law, as added by section
1 of part A of chapter 57 of the laws of 2007, to provide that the ongo-
ing Regents review of state learning standards approved in 2007
commences with its two-year review of the math and science curriculum by
the start of the 2010-2011 school year. Also requires Regents to ensure
NY standards are nationally and globally competitive.

Section 2 - Requires a report by the commissioner of education to the
governor and the legislature detailing the results of such review by
7/1/2012

Section 3 - This act shall take effect immediately.

Part C - School District accountability and reporting requirements

Section 1 - Amends subdivisions 6 and 7 of section 1608 of the education
law, subdivision 6 as amended by section 5 of part A of chapter 436 of
the laws of 1997, subdivision 7 as amended by section 4 of part H of
chapter 83. of the laws of 2002 and paragraph a of subdivision 7 as
amended by chapter 238 of the laws of 2007 to require existing school
district report card and property tax report card to be posted on the
internet, in addition to required mailings to residents.

Section 2 - Amends subdivisions 6 and 7 of section 1716 of the education
law, subdivision 6 as amended by section 7 of part A of chapter 436 of
the laws of 1997, subdivision 7 as amended by section 5 of part H of
chapter 83 of the laws of 2002 and paragraph a of subdivision 7 as
amended by chapter 238 of the laws of 2007 to require existing school
district report card and property tax report card to be posted on the
internet, in addition to required mailings to residents.

Section 3 - Amends subdivision 7 of section 2601-a of the education law,
as added by chapter 474 of the laws of 1996 to require existing school
district report cards to be posted on the internet, in addition to
required mailings to residents. Also adds a new subdivision 8 requiring
small city schools to furnish annual property tax report cards, and
making those report cards available on the internet.

Section 4 - Amends paragraph kk of subdivision 4 of section 1950 of the
education law, as added by section 13 of part A of chapter 436 of the
laws of 1997 to require annual BOCES report cards to be posted on the
internet, in addition to its other required distribution methods.

Section 5 - Amends subdivision 39 of section 305 of the education law,
as amended by section 3 of part A of chapter 57 of the laws of 2008 to
require school assessments to be accessible to the public within 30 days
of their receipt by the district.

Section 5 - Also adds a new subdivision 42 to section 305 of the educa-
tion law requiring the commissioner to create a letter grading system
for school districts to make the current accountability standards more
understandable to the public, and requires that letter grade to include
student performance growth as a factor.

Section 6 - This act shall take effect on July 1, 2010

Part D - Teacher certification and Tenure

Section 1 - Amends paragraph a of subdivision 2 of section 3012-b of the
education law, as amended by section 1 of part C of chapter 57 of the
laws of 2008 to allow tenure decisions to include consideration of
student performance data.

Sections 2 & 3 - Amend subdivision 2 of section 3001 of the education
law, as amended by chapter 658 of the laws of 2002 and chapter 538 of
the laws of 1973 respectively, to allow outside education-oriented
organizations which are approved by the department to recommend candi-
dates for teacher and principal certification.

Section 4 - Amends subdivision 6 of section 3004 of the education law,
as added by section 5 of part A of chapter 57 of the laws of 2007 to
provide that the regents and the commissioner shall expand the avail-
ability of alternative teacher and principal training programs by the
end of the two thousand ten-two thousand eleven school year.

Section 5 - Amends paragraph (b) of subdivision 2 of section 3020-a of
the education law, as separately amended by chapters 296 and 325 of the
laws of 2008 to limits period of suspension for teachers and administra-
tors with pay to 120 days and eliminates it immediately if the employee
is convicted of certain felonies.

Section 6 - Amends subdivisions 3, 4 & 5 of section 3020-a of the educa-
tion law, as amended by chapter 691 of the laws of 1994, and adds a new

subdivision 6 streamlining the hearing process for school district
employees to provide:

*automatic appointment of hearing officers by the commissioner of educa-
tion;

*specialized training for hearing officers;

*elimination of the existing right to a 3 person panel in pedagogical
incompetence cases;

*employees cooperation in the investigatory process and reciprocal
discovery during the 3020-a disciplinary process;

*an official record of the hearing that includes all substantive motions
and rulings;

*appeals of hearing officer's decisions to be heard by a Tenured Teach-
ers and Administrators Disciplinary Review Panel

* With all decisions to be published and to set binding precedent for
future cases

*immediate termination of tenured teachers and administrators who have
been convicted of felonies that affect the operation of a school
district or upon the revocation of their certification of license.

*districts option to terminate tenured teachers and administrators who
fail to receive their certification or license.

Section 7 - Adds a new subdivision 43 to section 305 of the education
law establishing a Tenured Teachers and Administrators Disciplinary
Review Panel.

Section 8 - This act shall take effect immediately and shall apply to
disciplinary proceedings commenced on or after such effective date;
provided that the amendments to section 3012-b of the education law,
made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided, further, that
the amendments to subdivision 2 of section 3001 of the education law
made by section 2 of this act shall be subject to the expiration and
reversion of such section pursuant to section 2 of chapter 658 of the
laws of 2002, as amended, when upon such date the provisions of section
three from this act shall take effect.

JUSTIFICATION: New York State faces unprecedented educational and
fiscal challenges that require unprecedented reform measures contained
in this bill.

Adoption of these measures to ensure more rigorous accountability,
strengthen teacher quality, provide school financial incentives, and
expand charter schools will improve the quality of public education in

New York by raising student academic achievement. Adoption of these
measures also will improve New York's competitive standing to secure
additional federal funding, which could amount to hundreds of millions
of dollars from the U.S. Department of Education's $4.35 billion Race to
the Top program - a key component of President Barack Obama's education
agenda to encourage states to improve their education systems for
students to compete worldwide in the 21st Century.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately provided, howev-
er, that the applicable dates of Parts A through D of this act shall be
as specifically set forth in the last section of such Parts.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9219--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 28, 2009
                               ___________

Introduced  by  M. of A. HOYT, TOWNS, BOYLAND, BENJAMIN, KOLB, CORWIN --
  read once and referred to the Committee on Education -- recommitted to
  the Committee on Education in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education law, in relation to authorizing boards  of
  cooperative  educational  services  to  contract with charter schools,
  clarifying that five-year charters for charter schools  comprise  five
  school  years in which instruction is provided to pupils, removing the
  cap on the total number of charter  schools  in  the  state,  allowing
  charter  schools  to  operate  at  more than one site, authorizing the
  provision of facilities aid to  charter  schools  and  to  authorizing
  charter  schools  to  operate  pre-kindergarten  programs (Part A); to
  amend the education law, in relation to mandating an immediate  review
  of  mathematics,  science  and technology regents standards and estab-
  lishing standards that are globally competitive (Part B); to amend the
  education law, in relation to the availability of school district  and
  board of cooperative educational services report cards, establishing a
  more comprehensive school evaluation system for grading public schools
  within  the state and establishing an educational data warehouse (Part
  C); and to amend the education  law,  in  relation  to  evaluation  of
  teachers  and  school district employee disciplinary proceedings (Part
  D)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
relating to the reformation of state educational standards. Each  compo-
nent  is wholly contained within a Part identified as Parts A through D.
The effective date for each particular provision contained  within  such
Part is set forth in the last section of such Part. Any provision in any
section  contained  within  a  Part, including the effective date of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14897-05-0

A. 9219--A                          2

Part, which makes a reference to a section "of this act", when  used  in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in  which  it  is  found.
Section  six  of  this act sets forth the general effective date of this
act.
  S 2. This act shall be known and may be cited as the "education reform
act of 2010".
  S 3. Legislative intent. The New York state public  education  system,
from  pre-kindergarten  through  graduation,  is  in  need of systematic
reformation. Demanding and rigorous standards and accountability  across
the  spectrum  of  schools will allow our state to become an educational
leader in the twenty-first century  and  will  drastically  improve  our
economy  by  creating  educated  citizens  more  capable of contributing
effectively and dynamically to the workforce. Additionally, such  refor-
mation  will allow New York state to qualify as a serious competitor for
the federal government's education stimulus monies, the Race to the  Top
funds.
  At  a  moment  in  our  state's history where we face the worst budget
crisis to date, we should strive to improve, compete,  and  enhance  our
economic  standing;  we  need to compete effectively for the Race to the
Top Funding and use it to implement the below reforms. Therefore, it  is
in  the  public  interest  to  implement changes to the public education
system that will enable New York and it  citizens  to  accomplish  these
goals.

                                 PART A

  Section  1. Paragraph h of subdivision 4 of section 1950 of the educa-
tion law is amended by adding a new subparagraph 8 to read as follows:
  (8) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS AUTHORIZED BY ARTICLE
FIFTY-SIX OF THIS CHAPTER, TO PROVIDE SERVICES  AS  AUTHORIZED  BY  THIS
SECTION.
  S  2.  Paragraph (p) of subdivision 2 of section 2851 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (p)  The  term  of  the  proposed charter, which shall not exceed five
SCHOOL years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS, PLUS ANY  ADDI-
TIONAL PERIOD AUTHORIZED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE.
  S 3. Subdivision 9 of section 2852 of the education law, as amended by
section  2  of part D-2 of chapter 57 of the laws of 2007, is amended to
read as follows:
  9. [The] THERE SHALL BE NO LIMIT  ON  THE  total  number  of  charters
issued  pursuant  to  this  article  [shall  not exceed two hundred. One
hundred of such charters shall be issued on the  recommendation  of  the
charter  entity  described  in  paragraph  (b)  of  subdivision three of
section twenty-eight hundred fifty-one of this article, and one  hundred
of  such  charters  shall  be  issued on the recommendation of the other
charter entities set forth in subdivision three of section  twenty-eight
hundred  fifty-one  of  this  article,  provided that up to fifty of the
additional charters authorized to be issued by the chapter of  the  laws
of  two  thousand  seven  which  amended this subdivision effective July
first, two thousand seven shall be reserved for a city  school  district
of  a  city  having a population of one million or more]. The failure of
any body to issue the regulations authorized pursuant  to  this  article
shall not [effect] AFFECT the authority of a charter entity to propose a

A. 9219--A                          3

charter  to  the  board of regents or the board of regents' authority to
grant such charter. [A conversion of an  existing  public  school  to  a
charter  school  or  the  renewal or extension of a charter shall not be
counted toward the numerical limits established by this subdivision.]
  S  4.  Paragraph (a) of subdivision 1 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (a)  Upon the approval of a charter by the board of regents, the board
of regents shall incorporate the charter school as an  education  corpo-
ration  for  a term not to exceed five SCHOOL years IN WHICH INSTRUCTION
IS PROVIDED TO PUPILS, PLUS THE PERIOD  COMMENCING  WITH  THE  EFFECTIVE
DATE  OF  THE  CHARTER  AND  ENDING  WITH  THE OPENING OF THE SCHOOL FOR
INSTRUCTION.   Such certificate of incorporation  shall  not  modify  or
limit  any  terms  of the charter approved by the board of regents. Upon
approval of an application to renew a  charter,  the  board  of  regents
shall  extend  the certificate of incorporation for a term not to exceed
five SCHOOL years, PLUS THE PERIOD, IF ANY, COMMENCING WITH  THE  EFFEC-
TIVE  DATE  OF  THE RENEWAL CHARTER AND ENDING WITH THE FIRST DAY OF THE
FIRST FULL SCHOOL YEAR  IN  WHICH  INSTRUCTION  IS  PROVIDED  UNDER  THE
RENEWAL  CHARTER.    Upon  termination or nonrenewal of the charter of a
charter school pursuant to section twenty-eight  hundred  fifty-five  of
this  article,  the  certificate  of incorporation of the charter school
shall be revoked by the board of regents pursuant to section two hundred
nineteen of this chapter, provided that compliance with the  notice  and
hearing  requirements of such section twenty-eight hundred fifty-five of
this article shall be deemed to satisfy the notice and hearing  require-
ments  of such section two hundred nineteen. It shall be the duty of the
trustees of the charter school to obtain federal  tax-exempt  status  no
later  than one year following approval of a charter school by the board
of regents. For purposes of this article, "certificate of incorporation"
shall mean the provisional charter issued by the  board  of  regents  to
form  the  charter  school  as  an  educational  corporation pursuant to
sections two hundred sixteen and two hundred seventeen of this chapter.
  S 5. Paragraph (b-1) of subdivision 1 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (b-1) An education corporation operating a charter school shall not be
authorized to operate more than one school [or] BUT MAY BE AUTHORIZED TO
house any grade at more than one site[, provided that:
  (A) a]. A CHARTER SCHOOL HOUSING ANY GRADE AT MORE THAN ONE SITE SHALL
HAVE  EACH  SUCH  ADDITIONAL  SITE  DEEMED  AS  A CHARTER ISSUED FOR THE
PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT  HUNDRED  FIFTY-TWO
OF  THIS  ARTICLE.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
APPROVAL OF REVISIONS TO A CHARTER OR CHARTERS TO AUTHORIZE AN EDUCATION
CORPORATION TO HOUSE ANY GRADE OR GRADES AT MORE THAN ONE SITE,  INCLUD-
ING THE MERGER OR CONSOLIDATION OF EXISTING EDUCATION CORPORATIONS OPER-
ATING  CHARTER  SCHOOLS TO A SINGLE EDUCATION CORPORATION, SHALL BE MADE
IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION SEVEN OF  SECTION  TWEN-
TY-EIGHT  HUNDRED FIFTY-TWO OF THIS ARTICLE. UPON SUCH MERGER OR CONSOL-
IDATION, THE SURVIVING OR CONSOLIDATED EDUCATION CORPORATION,  PLUS  ANY
SUCH ADDITIONAL SITES, SHALL EACH BE COUNTED AS A CHARTER ISSUED FOR THE
PURPOSES  OF  SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO
OF THIS ARTICLE. IF A CHARTER SCHOOL HAS EMPLOYEES WHO ARE MEMBERS OF  A
COLLECTIVE  BARGAINING  ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW THAT MERGES OR  CONSOLIDATES  WITH  A  CHARTER  SCHOOL
WHOSE EMPLOYEES ARE NOT MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION,

A. 9219--A                          4

EMPLOYEES  OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL SHALL BE MEMBERS
OF THE COLLECTIVE BARGAINING ORGANIZATION THAT  REPRESENTED  LIKE  POSI-
TIONS,  IF  ANY,  PRIOR TO THE MERGER OR CONSOLIDATION. A charter school
may operate in more than one building at a single site; and
  [(B)]  a  charter school which provides instruction to its students at
different locations for a portion of their school day shall be deemed to
be operating at a single site; AND A CHARTER SCHOOL  OPERATING  AT  MORE
THAN  ONE  SITE  BUT  WHICH  HOUSES EACH GRADE AT A SINGLE SITE SHALL BE
DEEMED TO BE OPERATING AT A SINGLE SITE.
  S 6. Paragraph (c) of subdivision 2 of section 2854 of  the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (c) A charter school shall serve one  or  more  of  the  grades  [one]
KINDERGARTEN  through twelve, and shall limit admission to pupils within
the grade levels served. Nothing herein shall prohibit a charter  school
from  establishing  a  [kindergarten] PRE-KINDERGARTEN program, PROVIDED
HOWEVER, THAT THE STUDENTS ENROLLED  IN  SUCH  PRE-KINDERGARTEN  PROGRAM
SHALL  NOT  BE INCLUDED IN THE ENROLLMENT FOR PURPOSES OF PARAGRAPHS (A)
AND (B) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX  OF
THIS ARTICLE.
  S  7. Subdivision 1 of section 2856 of the education law is amended by
adding a new paragraph (d) to read as follows:
  (D) CHARTER SCHOOL FACILITIES AID. IN THE TWO THOUSAND TEN--TWO  THOU-
SAND  ELEVEN SCHOOL YEAR AND THEREAFTER, SUBJECT TO AN APPROPRIATION FOR
SUCH PURPOSE, THE COMMISSIONER SHALL PAY CHARTER SCHOOLS FACILITIES  AID
IN ACCORDANCE WITH THIS SUBDIVISION IN AN AMOUNT EQUAL TO THE LESSER OF:
(I)  THE AGGREGATE TOTAL FOR ALL SCHOOL DISTRICTS WITH RESIDENT STUDENTS
ATTENDING THE CHARTER SCHOOL IN THE BASE YEAR OF THE PRODUCT OF  FIFTEEN
PERCENT, THE CHARTER SCHOOL BASIC TUITION OF THE SCHOOL DISTRICT FOR THE
BASE  YEAR  CALCULATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND
THE ENROLLMENT  OF  CHARTER  SCHOOL  STUDENTS  RESIDING  IN  THE  SCHOOL
DISTRICT  IN  THE  BASE  YEAR,  OR (II) THE ACTUAL COSTS INCURRED BY THE
CHARTER SCHOOL IN THE BASE YEAR FOR LEASE PAYMENTS AND/OR  DEBT  SERVICE
FOR CHARTER SCHOOL FACILITIES. SUCH AMOUNT SHALL BE PAID DIRECTLY TO THE
CHARTER  SCHOOL  FOLLOWING  SUBMISSION OF A CLAIM, NOT LATER THAN THIRTY
DAYS PRIOR TO A SCHEDULED PAYMENT, THAT CONTAINS ALL  DATA  REQUIRED  TO
COMPUTE  THE AID, INCLUDING THE ACTUAL COSTS INCURRED FOR LEASE PAYMENTS
AND/OR DEBT SERVICE IN THE BASE YEAR. PAYMENTS  MADE  PURSUANT  TO  THIS
PARAGRAPH  SHALL  BE MADE BY THE COMMISSIONER IN SIX SUBSTANTIALLY EQUAL
INSTALLMENTS EACH YEAR BEGINNING ON THE FIRST BUSINESS DAY OF  JULY  AND
EVERY  TWO  MONTHS  THEREAFTER,  PROVIDED  THAT A VALID, TIMELY CLAIM IS
SUBMITTED AND EACH PAYMENT MAY BE ADJUSTED BY THE COMMISSIONER  FOR  ANY
UNDERPAYMENTS  OR  OVERPAYMENTS.  FOR  PURPOSES OF THIS PARAGRAPH, "BASE
YEAR" AND "CURRENT YEAR" SHALL MEAN BASE YEAR AND CURRENT YEAR  AS  SUCH
TERMS  ARE  DEFINED IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
OF THIS CHAPTER.
  S 8. Subdivision 1 of section 2856 of the education law, as separately
amended by chapter 4 of the laws of 1998 and section 12  of  part  A  of
chapter 57 of the laws of 2009, is amended to read as follows:
  1.  (A)  The enrollment of students attending charter schools shall be
included in the enrollment, attendance  and,  if  applicable,  count  of
students  with  disabilities  of  the school district in which the pupil
resides. The charter school shall report all such  data  to  the  school
districts  of  residence  in a timely manner. Each school district shall
report such enrollment, attendance and count of students with  disabili-
ties  to  the  department.  The  school  district of residence shall pay

A. 9219--A                          5

directly to the charter school for each student enrolled in the  charter
school who resides in the school district an amount equal to one hundred
percent  of the amount calculated pursuant to paragraph f of subdivision
one  of  section  thirty  six hundred two of this chapter for the school
district for the year prior to the base year increased by the percentage
change in the state total approved operating expense calculated pursuant
to subdivision eleven of section thirty six hundred two of this  chapter
from two years prior to the base year to the base year; provided, howev-
er,  that  for  the two thousand nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand  nine  school year. The school district shall also pay directly
to the charter school any federal or state aid attributable to a student
with a disability attending charter school in proportion to the level of
services for such student with a  disability  that  the  charter  school
provides  directly  or  indirectly.  Notwithstanding  anything  in  this
section to the contrary, amounts payable pursuant  to  this  subdivision
may be reduced pursuant to an agreement between the school and the char-
ter  entity  set  forth  in  the charter. Payments made pursuant to this
subdivision shall be made by the school district  in  six  substantially
equal installments each year beginning on the first business day of July
and  every two months thereafter. Amounts payable under this subdivision
shall be determined by the commissioner. Amounts payable  to  a  charter
school  in its first year of operation shall be based on the projections
of initial-year enrollment set forth in the  charter.  Such  projections
shall  be  reconciled  with  the  actual  enrollment  at  the end of the
school's first year of operation, and any necessary adjustments shall be
made to payments during the school's second year of operation.
  (B) IN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR AND THER-
EAFTER, SUBJECT TO AN APPROPRIATION FOR SUCH PURPOSE,  THE  COMMISSIONER
SHALL  PAY CHARTER SCHOOLS FACILITIES AID IN ACCORDANCE WITH THIS SUBDI-
VISION IN AN AMOUNT EQUAL TO THE LESSER OF: (I) THE AGGREGATE TOTAL  FOR
ALL SCHOOL DISTRICTS WITH RESIDENT STUDENTS ATTENDING THE CHARTER SCHOOL
IN  THE  BASE YEAR OF THE PRODUCT OF FIFTEEN PERCENT, THE CHARTER SCHOOL
BASIC TUITION OF THE SCHOOL DISTRICT FOR THE BASE YEAR CALCULATED PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND THE ENROLLMENT  OF  CHARTER
SCHOOL  STUDENTS  RESIDING  IN  THE SCHOOL DISTRICT IN THE BASE YEAR, OR
(II) THE ACTUAL COSTS INCURRED BY THE CHARTER SCHOOL IN  THE  BASE  YEAR
FOR  LEASE  PAYMENTS  AND/OR DEBT SERVICE FOR CHARTER SCHOOL FACILITIES.
SUCH AMOUNT SHALL BE PAID  DIRECTLY  TO  THE  CHARTER  SCHOOL  FOLLOWING
SUBMISSION  OF  A CLAIM, NOT LATER THAN THIRTY DAYS PRIOR TO A SCHEDULED
PAYMENT, THAT CONTAINS ALL DATA REQUIRED TO COMPUTE THE  AID,  INCLUDING
THE  ACTUAL COSTS INCURRED FOR LEASE PAYMENTS AND/OR DEBT SERVICE IN THE
BASE YEAR. PAYMENTS MADE PURSUANT TO THIS PARAGRAPH SHALL BE MADE BY THE
COMMISSIONER IN SIX SUBSTANTIALLY EQUAL INSTALLMENTS EACH YEAR BEGINNING
ON THE FIRST BUSINESS DAY OF  JULY  AND  EVERY  TWO  MONTHS  THEREAFTER,
PROVIDED THAT A VALID, TIMELY CLAIM IS SUBMITTED AND EACH PAYMENT MAY BE
ADJUSTED  BY THE COMMISSIONER FOR ANY UNDERPAYMENTS OR OVERPAYMENTS. FOR
PURPOSES OF THIS PARAGRAPH, "BASE YEAR" AND "CURRENT  YEAR"  SHALL  MEAN
BASE  YEAR AND CURRENT YEAR AS SUCH TERMS ARE DEFINED IN SUBDIVISION ONE
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 9. This act shall take effect July 1, 2010; provided that the amend-
ments to subdivision 1 of section 2856 of  the  education  law  made  by
section  seven of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to subdivision  d  of  section  27  of

A. 9219--A                          6

chapter  378  of  the  laws of 2007, as amended, when upon such date the
provisions of section eight of this act shall take effect.

                                 PART B

  Section  1. Section 211 of the education law, as added by section 1 of
part A of chapter 57 of the laws of 2007, is amended to read as follows:
  S 211. Review of regents learning  standards.  1.  The  regents  shall
periodically review and evaluate the existing regents learning standards
to  determine if they should be strengthened, modified or combined so as
to provide adequate opportunity for students to acquire the  skills  and
knowledge  they need to succeed in employment or postsecondary education
and to function productively as civic participants upon graduation  from
high school. Such review and evaluation shall be conducted upon a sched-
ule adopted by the regents, provided that a review and evaluation of the
English  language arts standards shall be completed as soon as possible,
but no later than the end of the two thousand seven--two thousand  eight
school  year  AND  PROVIDED  FURTHER THAT A REVIEW AND EVALUATION OF THE
MATHEMATICS, SCIENCE AND TECHNOLOGY STANDARDS SHALL BEGIN NO LATER  THAN
THE  START  OF THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR AND
COMPLETED AS SOON AS POSSIBLE, BUT NO LATER THAN  THE  END  OF  THE  TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR.
  2.  In conducting such reviews, the regents shall seek the recommenda-
tions of teachers, school administrators, teacher educators  and  others
with educational expertise on improvements to the standards so that they
ensure that students are prepared, in appropriate progression, for post-
secondary education or employment.
  3.  IN  CONDUCTING REVIEWS AND EVALUATIONS OF THE MATHEMATICS, SCIENCE
AND TECHNOLOGY STANDARDS, THE REGENTS SHALL  ALSO  REVIEW  NATIONAL  AND
INTERNATIONAL  STANDARDS  FOR  MATHEMATICS,  SCIENCE  AND  TECHNOLOGY TO
ENSURE THAT REGENTS STANDARDS  ARE  SUFFICIENTLY  STRINGENT  TO  PROMOTE
STUDENT ACHIEVEMENT AND PREPARATION FOR GLOBAL COMPETITIVENESS.
  S  2. The commissioner of education, or his or her designee, shall, on
or before July 1, 2012, report  to  the  governor  and  the  legislature
regarding  the  results  of  the board of regents' review of the current
standards for mathematics, science and  technology  standards,  together
with  the  department  of education's findings, conclusions, recommenda-
tions and  progress  regarding  the  implementation  of  internationally
bench-marked  standards  for  mathematics, science and technology stand-
ards.
  S 3. This act shall take effect immediately.

                                 PART C

  Section 1. Subdivisions 6 and 7 of section 1608 of the education  law,
subdivision  6  as  amended by section 5 of part A of chapter 436 of the
laws of 1997, subdivision 7 as amended by section 4 of part H of chapter
83 of the laws of 2002 and paragraph a of subdivision 7  as  amended  by
chapter 238 of the laws of 2007, are amended to read as follows:
  6.  Each  year, the board of education shall prepare a school district
report card, pursuant to regulations of the commissioner, and shall make
it publicly available by transmitting it to local newspapers of  general
circulation, appending it to copies of the proposed budget made publicly
available  as  required  by law, making it available for distribution at
the annual meeting, AT  THE  SCHOOL  DISTRICT  OFFICES,  AT  ANY  PUBLIC
LIBRARY  OR  FREE  ASSOCIATION  LIBRARY  WITHIN  THE DISTRICT AND ON THE

A. 9219--A                          7

SCHOOL DISTRICT'S INTERNET WEBSITE, IF ONE EXISTS, and otherwise dissem-
inating it as required by  the  commissioner.  Such  report  card  shall
include  measures of the academic performance of the school district, on
a  school by school basis, and measures of the fiscal performance of the
district, as prescribed by the commissioner. Pursuant to regulations  of
the  commissioner,  the report card shall also compare these measures to
statewide averages for all public schools, and  statewide  averages  for
public  schools  of comparable wealth and need, developed by the commis-
sioner. Such report card shall include, at a minimum, any information on
the school district regarding  pupil  performance  and  expenditure  per
pupil required to be included in the annual report by the regents to the
governor  and  the legislature pursuant to section two hundred fifteen-a
of this chapter; and any other information required by the commissioner.
School districts (i) identified as having fifteen  percent  or  more  of
their students in special education, or (ii) which have fifty percent or
more  of  their students with disabilities in special education programs
or services sixty percent or more of the school day in a general  educa-
tion  building,  or  (iii)  which  have  eight  percent or more of their
students with disabilities in special education programs  in  public  or
private  separate  educational  settings  shall indicate on their school
district report card their respective percentages  as  defined  in  this
subparagraph  and  subparagraphs  (i)  and  (ii)  of  this  paragraph as
compared to the statewide average.
  7. a. Each year, commencing with the proposed budget for the two thou-
sand--two thousand one school year, the trustee  or  board  of  trustees
shall prepare a property tax report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local  newspapers  of general circulation, appending it to copies of the
proposed budget made publicly available as required by  law,  making  it
available for distribution at the annual meeting, AT THE SCHOOL DISTRICT
OFFICES,  AT  ANY  PUBLIC LIBRARY OR FREE ASSOCIATION LIBRARY WITHIN THE
DISTRICT AND ON THE SCHOOL DISTRICT'S INTERNET WEBSITE, IF  ONE  EXISTS,
and  otherwise  disseminating  it  as required by the commissioner. Such
report card shall include: (i) the amount of total  spending  and  total
estimated  school  tax  levy  that  would  result  from  adoption of the
proposed budget and the percentage increase or decrease in total  spend-
ing  and  total  school tax levy from the school district budget for the
preceding school year; and (ii) the projected enrollment growth for  the
school  year for which the budget is prepared, and the percentage change
in enrollment from the previous year; and (iii) the percentage  increase
in  the consumer price index, as defined in paragraph c of this subdivi-
sion; and (iv) the projected amount  of  the  unappropriated  unreserved
fund  balance  that  will be retained if the proposed budget is adopted,
the projected amount of the reserved fund balance, the projected  amount
of  the appropriated fund balance, the percentage of the proposed budget
that the unappropriated unreserved fund balance represents,  the  actual
unappropriated  unreserved  fund balance retained in the school district
budget for the preceding school year, and the percentage of  the  school
district  budget  for the preceding school year that the actual unappro-
priated unreserved fund balance represents.
  b. A copy of the property tax report  card  prepared  for  the  annual
district  meeting  shall  be  submitted  to the department in the manner
prescribed by the department by the end of the business day next follow-
ing approval of the report card by the trustee or board of trustees, but
no later than twenty-four days prior to  the  statewide  uniform  voting
day.  The  department  shall  compile such data for all school districts

A. 9219--A                          8

whose budgets are subject to a vote of the qualified  voters  and  shall
make  such  compilation available electronically at least ten days prior
to the statewide uniform voting day.
  c.  For  purposes  of  this  subdivision,  "percentage increase in the
consumer price index" shall mean  the  percentage  that  represents  the
product  of  one  hundred  and  the  quotient of: (i) the average of the
national consumer price indexes determined by the United States  depart-
ment of labor for the twelve-month period preceding January first of the
current  year  minus  the average of the national consumer price indexes
determined by the United States department of labor for the twelve-month
period preceding January first of the prior year, divided  by  (ii)  the
average  of the national consumer price indexes determined by the United
States department of labor for the twelve-month period preceding January
first of the prior year, with the result expressed as a decimal  to  two
places.
  S 2. Subdivisions 6 and 7 of section 1716 of the education law, subdi-
vision 6 as amended by section 7 of part A of chapter 436 of the laws of
1997,  subdivision  7 as amended by section 5 of part H of chapter 83 of
the laws of 2002 and paragraph a of subdivision 7 as amended by  chapter
238 of the laws of 2007, are amended to read as follows:
  6.  Each  year, the board of education shall prepare a school district
report card, pursuant to regulations of the commissioner, and shall make
it publicly available by transmitting it to local newspapers of  general
circulation, appending it to copies of the proposed budget made publicly
available  as  required  by law, making it available for distribution at
the annual meeting, AT  THE  SCHOOL  DISTRICT  OFFICES,  AT  ANY  PUBLIC
LIBRARY  OR  FREE  ASSOCIATION  LIBRARY  WITHIN  THE DISTRICT AND ON THE
SCHOOL DISTRICT'S INTERNET WEBSITE, IF ONE EXISTS, and otherwise dissem-
inating it as required by  the  commissioner.  Such  report  card  shall
include  measures of the academic performance of the school district, on
a school by school basis, and measures of the fiscal performance of  the
district,  as prescribed by the commissioner. Pursuant to regulations of
the commissioner, the report card shall also compare these  measures  to
statewide  averages  for  all public schools, and statewide averages for
public schools of comparable wealth and need, developed by  the  commis-
sioner. Such report card shall include, at a minimum, any information of
the  school  district  regarding  pupil  performance and expenditure per
pupil required to be included in the annual report by the regents to the
governor and the legislature pursuant to section two  hundred  fifteen-a
of this chapter; and any other information required by the commissioner.
School  districts  (i)  identified  as having fifteen percent or more of
their students in special education, or (ii) which have fifty percent or
more of their students with disabilities in special  education  programs
or  services sixty percent or more of the school day in a general educa-
tion building, or (iii) which  have  eight  percent  or  more  of  their
students  with  disabilities  in special education programs in public or
private separate educational settings shall  indicate  on  their  school
district  report  card  their  respective percentages as defined in this
paragraph and paragraphs (i) and (ii) of this subdivision as compared to
the statewide average.
  7. a. Each year, commencing with the proposed budget for the two thou-
sand--two thousand one school year, the board of education shall prepare
a property tax report card, pursuant to regulations of the commissioner,
and shall make it publicly available by transmitting it to local newspa-
pers of general circulation, appending it  to  copies  of  the  proposed
budget  made  publicly available as required by law, making it available

A. 9219--A                          9

for distribution at the annual meeting, AT THE SCHOOL DISTRICT  OFFICES,
AT  ANY  PUBLIC  LIBRARY OR FREE ASSOCIATION LIBRARY WITHIN THE DISTRICT
AND ON THE SCHOOL DISTRICT'S INTERNET WEBSITE, IF ONE EXISTS, and other-
wise  disseminating it as required by the commissioner. Such report card
shall include: (i) the amount of  total  spending  and  total  estimated
school  tax  levy that would result from adoption of the proposed budget
and the percentage increase or decrease  in  total  spending  and  total
school tax levy from the school district budget for the preceding school
year;  and  (ii) the projected enrollment growth for the school year for
which the budget is prepared, and the percentage  change  in  enrollment
from the previous year; and (iii) the percentage increase in the consum-
er  price index, as defined in paragraph c of this subdivision; and (iv)
the projected amount of the unappropriated unreserved fund balance  that
will be retained if the proposed budget is adopted, the projected amount
of  the  reserved fund balance, the projected amount of the appropriated
fund balance, the percentage of the proposed budget that the unappropri-
ated unreserved fund balance represents, the actual unappropriated unre-
served fund balance retained in  the  school  district  budget  for  the
preceding  school year, and the percentage of the school district budget
for the preceding school year that the actual unappropriated  unreserved
fund balance represents.
  b.  A  copy  of  the  property tax report card prepared for the annual
district meeting shall be submitted to  the  department  in  the  manner
prescribed by the department by the end of the business day next follow-
ing  approval of the report card by the board of education, but no later
than twenty-four days prior to the statewide uniform voting  day.    The
department  shall compile such data for all school districts whose budg-
ets are subject to a vote of the qualified voters and  shall  make  such
compilation  available  electronically  at  least  ten days prior to the
statewide uniform voting day.
  c. For purposes of  this  subdivision,  "percentage  increase  in  the
consumer  price  index"  shall  mean  the percentage that represents the
product of one hundred and the quotient  of:  (i)  the  average  of  the
national  consumer price indexes determined by the United States depart-
ment of labor for the twelve-month period preceding January first of the
current year minus the average of the national  consumer  price  indexes
determined by the United States department of labor for the twelve-month
period  preceding  January  first of the prior year, divided by (ii) the
average of the national consumer price indexes determined by the  United
States department of labor for the twelve-month period preceding January
first  of  the prior year, with the result expressed as a decimal to two
places.
  S 3. Subdivision 7 of section 2601-a of the education law, as added by
chapter 474 of the laws of 1996, is amended and a new subdivision  8  is
added to read as follows:
  7.  Each  year, the board of education shall prepare a school district
report card, pursuant to regulations of the commissioner, and shall make
it publicly available by transmitting it to local newspapers of  general
circulation, appending it to copies of the proposed budget made publicly
available  as  required  by law, making it available for distribution at
the annual meeting, AT  THE  SCHOOL  DISTRICT  OFFICES,  AT  ANY  PUBLIC
LIBRARY  OR  FREE  ASSOCIATION  LIBRARY  WITHIN  THE DISTRICT AND ON THE
SCHOOL DISTRICT'S INTERNET WEBSITE, IF ONE EXISTS, and otherwise dissem-
inating it as required by  the  commissioner.  Such  report  card  shall
include  measures of the academic performance of the school district, on
a school by school basis, and measures of the fiscal performance of  the

A. 9219--A                         10

district,  as prescribed by the commissioner. Pursuant to regulations of
the commissioner, the report card shall also compare these  measures  to
statewide  averages  for  all public schools, and statewide averages for
public  schools  of comparable wealth and need, developed by the commis-
sioner. Such report card shall include, at a minimum, any information on
the school district regarding  pupil  performance  and  expenditure  per
pupil required to be included in the annual report by the regents to the
governor  and  the legislature pursuant to section two hundred fifteen-a
of this chapter; and any other information required by the commissioner.
School districts (i) identified as having fifteen  percent  or  more  of
their students in special education, or (ii) which have fifty percent or
more  of  their students with disabilities in special education programs
or services sixty percent or more of the school day in a general  educa-
tion  building,  or  (iii)  which  have  eight  percent or more of their
students with disabilities in special education programs  in  public  or
private  separate  educational  settings  shall indicate on their school
district report card their respective percentages  as  defined  in  this
paragraph and paragraphs (i) and (ii) of this subdivision as compared to
the statewide average.
  8.  (A) EACH YEAR, THE BOARD OF EDUCATION SHALL PREPARE A PROPERTY TAX
REPORT CARD, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER, AND  SHALL
MAKE  IT  PUBLICLY  AVAILABLE  BY TRANSMITTING IT TO LOCAL NEWSPAPERS OF
GENERAL CIRCULATION, APPENDING IT TO COPIES OF THE PROPOSED BUDGET  MADE
PUBLICLY  AVAILABLE AS REQUIRED BY LAW, MAKING IT AVAILABLE FOR DISTRIB-
UTION AT THE ANNUAL MEETING, AT THE  SCHOOL  DISTRICT  OFFICES,  AT  ANY
PUBLIC  LIBRARY  OR FREE ASSOCIATION LIBRARY WITHIN THE DISTRICT, ON THE
SCHOOL DISTRICT'S INTERNET WEBSITE, IF ONE EXISTS, AND OTHERWISE DISSEM-
INATING IT AS REQUIRED BY  THE  COMMISSIONER.  SUCH  REPORT  CARD  SHALL
INCLUDE: (I) THE AMOUNT OF TOTAL SPENDING AND TOTAL ESTIMATED SCHOOL TAX
LEVY  THAT  WOULD  RESULT  FROM  ADOPTION OF THE PROPOSED BUDGET AND THE
PERCENTAGE INCREASE OR DECREASE IN TOTAL SPENDING AND TOTAL  SCHOOL  TAX
LEVY  FROM THE SCHOOL DISTRICT BUDGET FOR THE PRECEDING SCHOOL YEAR; AND
(II) THE PROJECTED ENROLLMENT GROWTH FOR THE SCHOOL YEAR FOR  WHICH  THE
BUDGET  IS  PREPARED,  AND THE PERCENTAGE CHANGED IN ENROLLMENT FROM THE
PREVIOUS YEAR; AND (III) THE PERCENTAGE INCREASE IN THE  CONSUMER  PRICE
INDEX,  AS  DEFINED  IN  PARAGRAPH (C) OF THIS SUBDIVISION; AND (IV) THE
PROJECTED AMOUNT OF THE UNAPPROPRIATED UNRESERVED FUND BALANCE THAT WILL
BE RETAINED IF THE PROPOSED BUDGET IS ADOPTED, THE PROJECTED  AMOUNT  OF
THE RESERVED FUND BALANCE, THE PROJECTED AMOUNT OF THE APPROPRIATED FUND
BALANCE,  THE  PERCENTAGE OF THE PROPOSED BUDGET THAT THE UNAPPROPRIATED
UNRESERVED FUND BALANCE REPRESENTS, THE ACTUAL UNAPPROPRIATED UNRESERVED
FUND BALANCE RETAINED IN THE SCHOOL DISTRICT BUDGET  FOR  THE  PRECEDING
SCHOOL  YEAR,  AND  THE PERCENTAGE OF THE SCHOOL DISTRICT BUDGET FOR THE
PRECEDING SCHOOL YEAR THAT THE  ACTUAL  UNAPPROPRIATED  UNRESERVED  FUND
BALANCE REPRESENTS.
  (B)  A  COPY  OF  THE PROPERTY TAX REPORT CARD PREPARED FOR THE ANNUAL
DISTRICT MEETING SHALL BE SUBMITTED TO  THE  DEPARTMENT  IN  THE  MANNER
PRESCRIBED BY THE DEPARTMENT BY THE END OF THE BUSINESS DAY NEXT FOLLOW-
ING  APPROVAL OF THE REPORT CARD BY THE BOARD OF EDUCATION, BUT NO LATER
THAN  TWENTY-FOUR DAYS PRIOR TO THE STATEWIDE UNIFORM VOTING DAY.    THE
DEPARTMENT  SHALL COMPILE SUCH DATA FOR ALL SCHOOL DISTRICTS WHOSE BUDG-
ETS ARE SUBJECT TO A VOTE OF THE QUALIFIED VOTERS AND  SHALL  MAKE  SUCH
COMPILATION  AVAILABLE  ELECTRONICALLY  AT  LEAST  TEN DAYS PRIOR TO THE
STATEWIDE UNIFORM VOTING DAY.
  (C) FOR PURPOSES OF THIS  SUBDIVISION,  "PERCENTAGE  INCREASE  IN  THE
CONSUMER  PRICE  INDEX"  SHALL  MEAN  THE PERCENTAGE THAT REPRESENTS THE

A. 9219--A                         11

PRODUCT OF ONE HUNDRED AND THE QUOTIENT  OF:  (I)  THE  AVERAGE  OF  THE
NATIONAL  CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART-
MENT OF LABOR FOR THE TWELVE-MONTH PERIOD PRECEDING JANUARY FIRST OF THE
CURRENT  YEAR  MINUS  THE AVERAGE OF THE NATIONAL CONSUMER PRICE INDEXES
DETERMINED BY THE UNITED STATES DEPARTMENT OF LABOR FOR THE TWELVE-MONTH
PERIOD PRECEDING JANUARY FIRST OF THE PRIOR YEAR, DIVIDED  BY  (II)  THE
AVERAGE  OF THE NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED
STATES DEPARTMENT OF LABOR FOR THE TWELVE-MONTH PERIOD PRECEDING JANUARY
FIRST OF THE PRIOR YEAR, WITH THE RESULT EXPRESSED AS A DECIMAL  TO  TWO
PLACES.
  S  4.  Paragraph  kk of subdivision 4 of section 1950 of the education
law, as added by section 13 of part A of chapter  436  of  the  laws  of
1997, is amended to read as follows:
  kk.  For  the  nineteen hundred ninety-seven--ninety-eight school year
and thereafter, the board of cooperative  educational  services  (BOCES)
shall  prepare  a  BOCES  report  card,  pursuant  to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local newspapers of general circulation, appending it to copies  of  the
proposed  administrative  budget  made publicly available as required by
law, making it available for distribution at the annual meeting, AT  THE
BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES OFFICES, AND ON THE BOARD OF
COOPERATIVE EDUCATIONAL SERVICES INTERNET WEBSITE, IF  ONE  EXISTS,  and
otherwise  disseminating it as required by the commissioner. Such report
card shall include measures of the academic performance of the board  of
cooperative  educational  services,  on a school by school or program by
program basis, and measures of the fiscal performance of the supervisory
district, as prescribed by the commissioner. Pursuant to regulations  of
the  commissioner,  the report card shall also compare these measures to
statewide averages for all boards of cooperative  educational  services.
Such  report  card  shall  include, at a minimum, any information of the
board of cooperative educational services  regarding  pupil  performance
and  expenditure  per pupil required to be included in the annual report
by the regents to the governor and the legislature pursuant  to  section
two  hundred  fifteen-a  of  this  chapter;  and  any  other information
required by the commissioner.
  S 5. Subdivision 39 of section 305 of the education law, as amended by
section 3 of part A of chapter 57 of the laws of 2008, is amended and  a
new subdivision 42 is added to read as follows:
  39. The commissioner shall develop a school leadership report card and
a  separate  school  progress report card to assist boards of education,
the state and the public in assessing the performance of school leaders,
including superintendents of schools and building  principals,  and  the
schools  that they lead. The report cards shall include an assessment of
the school's progress in achieving standards of excellence.  By  January
first,  two thousand nine, the commissioner shall develop such standards
of excellence which  shall  include,  but  not  be  limited  to,  parent
involvement, curriculum, teacher quality, and accountability measures as
set forth in section two hundred eleven-a of this title. The commission-
er  shall  promulgate  regulations  requiring  the trustees or boards of
education of every common, union free, central, central high school  and
city  school district, and the chancellor of a city school district in a
city of one million or more inhabitants, to attach copies of such report
cards to the statement of estimated  expenditures  pursuant  to  section
sixteen  hundred  eight  or  seventeen  hundred sixteen of this chapter,
where applicable, and to otherwise make the report cards publicly avail-
able in the same manner as a school district report card  WITHIN  THIRTY

A. 9219--A                         12

DAYS  OF  THE DATE UPON WHICH THE DEPARTMENT PROVIDES THE REPORT CARD TO
THE DISTRICT.
  42. NO LATER THAN JUNE THIRTIETH, TWO THOUSAND ELEVEN, THE COMMISSION-
ER SHALL DEVELOP AND IMPLEMENT LETTER GRADING SYSTEMS WITH VALUES DESIG-
NATED  IN DESCENDING ORDER FROM A TO F TO TRANSLATE THE CURRENT ACCOUNT-
ABILITY MEASURES UNDER STATE AND FEDERAL LAW INTO A MORE TRANSPARENT AND
COMPREHENSIVE SYSTEM.  SUCH  LETTER  GRADING  SYSTEM  SHALL  INCORPORATE
EXISTING  MEASURES  OF  SCHOOL  AND SCHOOL DISTRICT ACCOUNTABILITY WHILE
ALSO INCORPORATING STUDENT PERFORMANCE GROWTH.
  S 6. This act shall take effect July 1, 2010.

                                 PART D

  Section 1.  Paragraph a of subdivision 2  of  section  3012-b  of  the
education  law,  as  amended by section 1 of part C of chapter 57 of the
laws of 2008, is amended to read as follows:
  a. evaluation of the extent to which the teacher successfully utilized
analysis of available student performance data and other relevant infor-
mation when providing instruction [but the teacher shall not be  granted
or denied tenure based on student performance data];
  S 2. Subdivision 2 of section 3001 of the education law, as amended by
chapter 658 of the laws of 2002, is amended to read as follows:
  2.  Not  in  possession  of  a  teacher's certificate issued under the
authority of this chapter or a diploma issued on  the  completion  of  a
course  in  state college for teachers or state teachers college of this
state; PROVIDED THAT PROVISIONS OF THIS SUBDIVISION SHALL NOT  APPLY  TO
PERSONS  WHO ARE RECOMMENDED FOR CERTIFICATION AS A TEACHER OR PRINCIPAL
BY AN EDUCATION-ORIENTED ORGANIZATION APPROVED BY THE DEPARTMENT.
  The provisions of this subdivision  shall  not  prohibit  a  certified
teacher  from  permitting  a  practice  or  cadet teacher enrolled in an
approved teacher education program from teaching  a  class  without  the
presence  of  the certified teacher in the classroom provided the class-
room certified teacher is available at all times and retains supervision
of the practice or cadet teacher. The number of certified teachers shall
not be diminished by reason of the presence of cadet teachers.
  S 3. Subdivision 2 of section 3001 of the education law, as amended by
chapter 538 of the laws of 1973, is amended to read as follows:
  2. Not in possession of  a  teacher's  certificate  issued  under  the
authority  of  this  chapter  or a diploma issued on the completion of a
course in state college for teachers or state teachers college  of  this
state;  PROVIDED  THAT PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO
PERSONS WHO ARE RECOMMENDED FOR CERTIFICATION AS A TEACHER OR  PRINCIPAL
BY AN EDUCATION-ORIENTED ORGANIZATION APPROVED BY THE DEPARTMENT.
  The  provisions  of  this  subdivision  shall not prohibit a certified
teacher from permitting a practice  or  cadet  teacher  enrolled  in  an
approved  teacher  education  program  from teaching a class without the
presence of the certified teacher in the classroom provided  the  class-
room certified teacher is available at all times and retains supervision
of the practice or cadet teacher. The number of certified teachers shall
not be diminished by reason of the presence of cadet teachers.
  S  4.  Subdivision 6 of section 3004 of the education law, as added by
section 5 of part A of chapter 57 of the laws of  2007,  is  amended  to
read as follows:
  6.  The  regents  and  the  commissioner  shall review the alternative
teacher  preparation  programs  available  to  candidates  for  teaching
certificates  under the regulations of the commissioner in the two thou-

A. 9219--A                         13

sand seven--two thousand eight school year and shall [consider means  of
expanding]  EXPAND  the availability of such preparation [in the future]
NO LATER THAN THE END OF  THE  TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN
SCHOOL  YEAR,  while  maintaining  teacher  quality. The regents and the
commissioner shall develop programs to assist in the expansion of alter-
native teacher preparation programs, INCLUDING AUTHORIZING EDUCATION-OR-
IENTED ORGANIZATIONS OTHER THAN SCHOOLS OF EDUCATION TO RECOMMEND TEACH-
ERS AND PRINCIPALS FOR CERTIFICATION.
  S 5. Paragraph (b) of subdivision 2 of section 3020-a of the education
law, as separately amended by chapters 296 and 325 of the laws of  2008,
is amended to read as follows:
  (b) The employee may be suspended pending a hearing on the charges and
the  final determination thereof. The suspension shall be with pay FOR A
PERIOD OF ONE HUNDRED TWENTY DAYS, except the employee may be  suspended
without  pay IMMEDIATELY if the employee has entered a guilty plea to or
has been convicted of a felony crime concerning  the  criminal  sale  or
possession  of  a  controlled  substance,  a  precursor  of a controlled
substance, or drug paraphernalia as defined in article two hundred twen-
ty or two hundred twenty-one of the penal law; or a felony crime involv-
ing the physical abuse of a minor or student.   The  employee  shall  be
terminated  without  a  hearing,  as  provided for in this section, upon
conviction of a sex offense, as defined in subparagraph two of paragraph
b of subdivision seven-a of section three hundred five of this  chapter.
To  the  extent  this  section applies to an employee acting as a school
administrator or supervisor, as defined in subparagraph three  of  para-
graph  b  of  subdivision  seven-b of section three hundred five of this
chapter, such  employee  shall  be  terminated  without  a  hearing,  as
provided  for  in  this  section,  upon  conviction  of a felony offense
defined in subparagraph two of paragraph b  of  subdivision  seven-b  of
section three hundred five of this chapter.
  S  6.  Subdivisions 3, 4 and 5 of section 3020-a of the education law,
as amended by chapter 691 of the laws of 1994, are  amended  and  a  new
subdivision 6 is added to read as follows:
  3.  Hearings.  a.  Notice of hearing.  Upon receipt of a request for a
hearing in accordance with subdivision two of this section, the  commis-
sioner  [of  education]  shall forthwith notify the American Arbitration
Association (hereinafter "association") of the need for  a  hearing  and
shall request the association to provide to the commissioner forthwith a
list  of  names  of persons [chosen by the association] from the associ-
ation's panel of labor arbitrators to potentially serve as hearing offi-
cers together with relevant biographical information on each arbitrator.
Upon receipt of said list and biographical information, the commissioner
[of education] shall [forthwith send  a  copy  of  both  simultaneously]
WITHIN  TEN  BUSINESS  DAYS  APPOINT A HEARING OFFICER FROM SAID LIST OF
NAMES PROVIDED BY THE ASSOCIATION. UPON  APPOINTMENT,  THE  COMMISSIONER
SHALL  IMMEDIATELY SEND NOTIFICATION OF THE HEARING OFFICER APPOINTED to
the employing board and the employee.
  b. [(i)] APPOINTMENT. APPOINTMENT FROM SUCH LIST SHALL BE  MADE  ON  A
SEQUENTIAL  BASIS  BEGINNING WITH THE FIRST NAME APPEARING ON SUCH LIST.
SHOULD  THAT  HEARING  OFFICER  DECLINE  APPOINTMENT,  OR   IF,   WITHIN
FORTY-EIGHT  HOURS, THE HEARING OFFICER FAILS TO RESPOND OR IS UNREACHA-
BLE AFTER REASONABLE EFFORTS BY THE COMMISSIONER, EACH SUCCESSIVE  HEAR-
ING  OFFICER  WHOSE  NAME  NEXT  APPEARS ON THE LIST SHALL BE OFFERED AN
APPOINTMENT, UNTIL SUCH APPOINTMENT IS  ACCEPTED.  ARBITRATORS  MAY  NOT
ACCEPT AN APPOINTMENT UNLESS THEY ARE AVAILABLE TO COMMENCE AND COMPLETE
THE  HEARING  WITHIN  THE  TIME  FRAMES  SPECIFIED  IN  THIS SECTION. AN

A. 9219--A                         14

ARBITRATOR'S UNEXCUSED FAILURE TO COMPLY WITH THE TIME FRAMES  SPECIFIED
IN THIS SECTION SHALL BE DEEMED GOOD AND SUFFICIENT GROUNDS FOR DISQUAL-
IFYING  HIM  OR  HER  FROM  CONSIDERATION FOR APPOINTMENT FROM SUCH LIST
SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION.  IF, AFTER COMMENCEMENT OF
A HEARING AND BY MUTUAL AGREEMENT OF THE PARTIES, THE HEARING OFFICER IS
DEEMED  INCAPACITATED  OR OTHERWISE UNAVAILABLE OR UNWILLING TO CONTINUE
THE HEARING OR ISSUE THE DECISION, THE COMMISSIONER  SHALL  RESCIND  THE
APPOINTMENT  OF THE HEARING OFFICER AND APPOINT A NEW HEARING OFFICER IN
ACCORDANCE WITH THE PROCEDURES AS SET FORTH IN THIS SUBDIVISION, AND THE
NEW HEARING OFFICER SHALL RESUME AND CONTINUE THE HEARING AT  THE  POINT
AT WHICH IT WAS INTERRUPTED.
  C.  TRAINING  PROGRAM. (I) THE COMMISSIONER SHALL ESTABLISH A TRAINING
PROGRAM WHICH SHALL BE COMPLETED TO THE SATISFACTION OF THE COMMISSIONER
AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE  LIST  OF  NAMES  OF
PERSONS FROM THE ASSOCIATION'S PANEL OF LABOR ARBITRATORS TO POTENTIALLY
SERVE AS HEARING OFFICERS UNDER THIS SECTION.
  (II)  EFFECTIVE  SIX  MONTHS  FROM THE EFFECTIVE DATE OF THIS SUBPARA-
GRAPH, AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES
OF PERSONS CHOSEN BY THE ASSOCIATION FROM  THE  ASSOCIATION'S  PANEL  OF
LABOR ARBITRATORS TO POTENTIALLY SERVE AS A HEARING OFFICER, AN ARBITRA-
TOR SHALL:
  (A) HAVE SUCCESSFULLY COMPLETED A TRAINING PROGRAM PURSUANT TO SUBPAR-
AGRAPH (I) OF THIS PARAGRAPH;
  (B)  ATTEND  SUCH  PERIODIC UPDATE PROGRAMS AS MAY BE SCHEDULED BY THE
COMMISSIONER;
  (C)  POSSESS  KNOWLEDGE  OF,  AND  THE  ABILITY  TO  UNDERSTAND,   THE
PROVISIONS  OF  APPLICABLE  LAW AND REGULATIONS PERTAINING TO THE DISCI-
PLINE OF TENURED EMPLOYEES UNDER THIS  SECTION  AND  ADMINISTRATIVE  AND
JUDICIAL INTERPRETATIONS OF SUCH LAW AND REGULATIONS;
  (D) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A HEAR-
ING,  AND  IN REACHING AND WRITING A DECISION AND THE ABILITY TO CONDUCT
HEARINGS IN ACCORDANCE WITH APPROPRIATE, STANDARD LEGAL PRACTICE; AND
  (E) ANNUALLY SUBMIT, IN A FORMAT AND  BY  A  DATE  PRESCRIBED  BY  THE
COMMISSIONER,  A  CERTIFICATION  THAT  THE  HEARING  OFFICER  MEETS  THE
REQUIREMENTS OF THIS SUBDIVISION.
  (III) THE COMMISSIONER SHALL ESTABLISH STANDARDS ALLOWING  ARBITRATORS
TO  DOCUMENT THEIR QUALIFICATION TO BE IMMEDIATELY ELIGIBLE FOR APPOINT-
MENT FROM SUCH LIST SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION.
  D. Hearing officers.  All hearings pursuant to this section  shall  be
conducted  before  and  by a single hearing officer selected as provided
for in this section.  A hearing officer shall not be eligible  to  serve
as  such  if  he or she is a resident of the school district, other than
the city of New York, under the jurisdiction of the employing board,  an
employee, agent or representative of the employing board or of any labor
organization  representing employees of such employing board, has served
as such agent or representative within two years  of  the  date  of  the
scheduled hearing, or if he or she is then serving as a mediator or fact
finder  in the same school district. Notwithstanding any other provision
of law, the hearing officer shall be compensated by the department  with
the  customary  fee paid for service as an arbitrator under the auspices
of the association for each day of actual service plus necessary  travel
and  other reasonable expenses incurred in the performance of his or her
duties. All other expenses of the disciplinary proceedings shall be paid
in accordance with rules promulgated by the commissioner [of education].
  [(ii) Not later than ten days after the date the commissioner mails to
the employing board and the employee the list of potential hearing offi-

A. 9219--A                         15

cers and biographies provided to the commissioner  by  the  association,
the  employing  board  and  the  employee, individually or through their
agents or representatives, shall by mutual agreement  select  a  hearing
officer  from  said  list  to  conduct  the hearing and shall notify the
commissioner of their selection.
  (iii) If the employing board and the employee  fail  to  agree  on  an
arbitrator  to  serve  as a hearing officer from said list and so notify
the commissioner within ten days  after  receiving  the  list  from  the
commissioner,  the commissioner shall request the association to appoint
a hearing officer from said list.
  (iv) In those cases in which the employee elects to have  the  charges
heard by a hearing panel, the hearing panel shall consist of the hearing
officer,  selected  in  accordance  with this subdivision, and two addi-
tional persons, one selected by the employee and  one  selected  by  the
employing  board, from a list maintained for such purpose by the commis-
sioner of education. The list shall be composed of professional  person-
nel  with  administrative  or  supervisory  responsibility, professional
personnel without administrative or  supervisory  responsibility,  chief
school  administrators,  members of employing boards and others selected
from lists of nominees submitted to the commissioner by statewide organ-
izations representing teachers, school  administrators  and  supervisors
and  the employing boards.  Hearing panel members other than the hearing
officer shall be compensated by the department of education at the  rate
of  one  hundred  dollars  for each day of actual service plus necessary
travel and subsistence expenses. The hearing officer  shall  be  compen-
sated as set forth in this subdivision. The hearing officer shall be the
chairman of the hearing panel.
  c.]  E.  Hearing procedures. (i) The commissioner [of education] shall
have the power to establish  necessary  rules  and  procedures  for  the
conduct  of  hearings  under this section.  Such rules shall not require
compliance  with  technical  rules  of  evidence.    Hearings  shall  be
conducted by the hearing officer [selected] APPOINTED pursuant to [para-
graph] PARAGRAPHS A AND b of this subdivision with full and fair disclo-
sure  of  [the nature of the case and evidence against the employee] ALL
MATERIAL RELEVANT TO THE PROSECUTION OR DEFENSE OF THIS  ACTION  by  the
[employing  board]  PARTIES TEN BUSINESS DAYS PRIOR TO THE FIRST HEARING
DATE and shall be public or private at the discretion of  the  employee.
The  employee  shall  have a reasonable opportunity to defend himself or
herself and an opportunity to testify in his  or  her  own  behalf.  The
employee shall not be required to testify, HOWEVER, THIS RIGHT SHALL NOT
BE  CONSTRUED  TO  MEAN THAT THE EMPLOYEE MAY REFUSE TO COOPERATE IN THE
EMPLOYING SCHOOL DISTRICT'S INVESTIGATION OF ALLEGATIONS  OF  MISCONDUCT
OR  INCOMPETENCE  RAISED  AGAINST HIM OR HER.  Each party shall have the
right to be represented by counsel, to subpoena witnesses, and to cross-
examine witnesses. All testimony taken shall be  under  oath  which  the
hearing  officer is hereby authorized to administer. A competent stenog-
rapher, designated by the commissioner [of education] and compensated by
the [state education] department, shall keep and transcribe a record  of
the  proceedings  at  each such hearing. A copy of the transcript of the
hearings shall, upon request, be furnished without charge to the employ-
ee and the board of education involved.
  (ii) The hearing officer [selected] APPOINTED  to  conduct  a  hearing
under  this section shall, within [ten to fifteen] THIRTY days of agree-
ing to serve as such, hold a pre-hearing conference which shall be  held
in  the  school  district  or  county seat of the county, or any county,
wherein the employing school board is located. The  pre-hearing  confer-

A. 9219--A                         16

ence shall be limited in length to one day except that the hearing offi-
cer,  in  his  or  her discretion, may allow one additional day for good
cause shown.
  (iii) At the pre-hearing conference the hearing officer shall have the
power to:
  (A) issue subpoenas;
  (B)  hear and decide all motions, including but not limited to motions
to dismiss the charges;
  (C) hear and decide  all  applications  for  bills  of  particular  or
requests  for production of materials or information, including, but not
limited to, any witness statement (or statements), investigatory  state-
ment  (or statements) or note (notes), exculpatory evidence or any other
evidence, including district or student records, relevant  and  material
to the employee's defense.
  (iv) Any pre-hearing motion or application relative to the sufficiency
of  the  charges,  application  or amendment thereof, or any preliminary
matters shall be made upon written notice to the hearing officer and the
adverse party no less than five days prior to the date of the  pre-hear-
ing  conference.  Any  pre-hearing  motions  or applications not made as
provided for herein shall be deemed waived  except  for  good  cause  as
determined by the hearing officer.
  (v)  [In  the  event  that at the pre-hearing conference the employing
board presents evidence that the professional license  of  the  employee
has  been revoked and all judicial and administrative remedies have been
exhausted or foreclosed, the hearing officer shall  schedule  the  date,
time  and  place  for an expedited hearing, which hearing shall commence
not more than seven days after  the  pre-hearing  conference  and  which
shall  be limited to one day. The expedited hearing shall be held in the
local school district or county seat of the county or any county, where-
in the said employing board is located. The expedited hearing shall  not
be  postponed  except upon the request of a party and then only for good
cause as determined by the hearing officer.  At such hearing, each party
shall have equal time in which to  present  its  case]  ALL  RULINGS  ON
SUBSTANTIVE  MOTIONS  SHALL BE PLACED ON THE RECORD WITH A FULL EXPLANA-
TION OF THE HEARING OFFICER'S REASONING.
  (vi) During the pre-hearing  conference,  the  hearing  officer  shall
determine the reasonable amount of time necessary for a final hearing on
the  charge  or  charges  and  shall  schedule the location, time(s) and
date(s) for the final hearing. The final hearing shall be  held  in  the
local school district or county seat of the county, or any county, wher-
ein  the  said  employing school board is located. In the event that the
hearing officer determines that the nature  of  the  case  requires  the
final hearing to last more than one day, the days that are scheduled for
the  final  hearing  shall be consecutive. The day or days scheduled for
the final hearing shall not be postponed except upon the  request  of  a
party  and  then  only for good cause shown as determined by the hearing
officer. In all cases, the final hearing shall  be  completed  no  later
than  [sixty]  ONE  HUNDRED TWENTY days after the pre-hearing conference
unless the hearing officer determines that  extraordinary  circumstances
warrant a limited extension.
  4.  Post  hearing procedures.   (a) The hearing officer shall render a
written decision within thirty days of the last day of the  final  hear-
ing,  [or  in  the  case of an expedited hearing within ten days of such
expedited hearing,] and shall forthwith forward a copy  thereof  to  the
commissioner  [of education] who shall immediately forward copies of the
decision to the employee and to the clerk or secretary of the  employing

A. 9219--A                         17

board. The written decision shall include the hearing officer's findings
of  fact  on  each  charge,  his  or her conclusions with regard to each
charge based on said findings and shall  state  what  penalty  or  other
action, if any, shall be taken by the employing board. At the request of
the employee, in determining what, if any, penalty or other action shall
be  imposed,  the hearing officer shall consider the extent to which the
employing board made efforts towards  correcting  the  behavior  of  the
employee  which  resulted  in  charges  being brought under this section
through means including but not limited  to:  remediation,  peer  inter-
vention  or  an employee assistance plan. In those cases where a penalty
is imposed, such penalty may be a written reprimand, a fine,  suspension
for a fixed time without pay, or dismissal. In addition to or in lieu of
the aforementioned penalties, the hearing officer, where he or she deems
appropriate,  may impose upon the employee remedial action including but
not limited to leaves of absence with or without pay, continuing  educa-
tion  and/or  study,  a requirement that the employee seek counseling or
medical treatment or that the employee engage in any other  remedial  or
combination of remedial actions.
  (b)  Within  fifteen days of receipt of the hearing officer's decision
the employing board shall implement the decision.   If the  employee  is
acquitted  he  or she shall be restored to his or her position with full
pay for any period of suspension without pay and  the  charges  expunged
from the employment record. If an employee who was convicted of a felony
crime specified in paragraph (b) of subdivision two of this section, has
said conviction reversed, the employee, upon application, shall be enti-
tled to have his OR HER pay and other emoluments restored, for the peri-
od from the date of his OR HER suspension to the date of the decision.
  (c)  The hearing officer shall indicate in the decision whether any of
the charges brought by the employing board were frivolous as defined  in
section  eight  thousand three hundred three-a of the civil practice law
and rules. If the hearing [officers]  OFFICER  finds  that  all  of  the
charges brought against the employee were frivolous, the hearing officer
shall  order  the  employing  board  to  reimburse the [state education]
department the reasonable costs [said]  THE  department  incurred  as  a
result  of  the  proceeding and to reimburse the employee the reasonable
costs, including but not limited  to  reasonable  attorneys'  fees,  the
employee incurred in defending the charges. If the hearing officer finds
that  some  but not all of the charges brought against the employee were
frivolous, the hearing officer shall order the employing board to  reim-
burse  the  [state education] department a portion, in the discretion of
the hearing officer, of the reasonable costs said department incurred as
a result of the proceeding and to reimburse the employee a  portion,  in
the  discretion of the hearing officer, of the reasonable costs, includ-
ing but not limited to reasonable attorneys' fees, the employee incurred
in defending the charges.
  5. Appeal. A. Not later than ten days after  receipt  of  the  hearing
officer's  decision,  THE  EMPLOYEE  OR  THE EMPLOYING BOARD MAY MAKE AN
APPLICATION FOR REVIEW OF THE HEARING OFFICER'S DECISION  TO  THE  STATE
TENURED TEACHERS AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFT-
ER  REFERRED  TO IN THIS SUBDIVISION AS "THE REVIEW PANEL"), ESTABLISHED
FOR THAT PURPOSE WITHIN THE DEPARTMENT IN  ACCORDANCE  WITH  SUBDIVISION
FORTY-THREE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, AND THE RULES
AND  REGULATIONS  PROMULGATED  BY THE COMMISSIONER. THE REVIEW PANEL MAY
MODIFY OR REVERSE THE DECISION OF A HEARING OFFICER  AS  APPROPRIATE  TO
PROPERLY  EFFECTUATE  THE PURPOSES OF THIS SECTION. THE DECISIONS OF THE
REVIEW PANEL SHALL CONSTITUTE BINDING DECISIONAL LAW UNTIL  MODIFIED  OR

A. 9219--A                         18

REVERSED  ON  APPEAL  BY  EITHER PARTY BY A STATE SUPREME COURT OR BY AN
APPELLATE COURT ON FURTHER  APPEAL.  REVIEW  PANEL  DECISIONS  SHALL  BE
PUBLISHED  PURSUANT  TO RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
SIONER  AND  IN  THE  SAME MANNER AS ADMINISTRATIVE DECISIONS FROM OTHER
STATE AGENCIES.
  B. NOT LATER THAN TEN DAYS AFTER RECEIPT OF THE DECISION OF THE REVIEW
PANEL, the employee or the employing board may make  an  application  to
the New York state supreme court to vacate or modify the decision of the
[hearing  officer]  REVIEW PANEL pursuant to section seven thousand five
hundred eleven of the civil practice law and rules.  [The court's review
shall be limited to the grounds set forth in such section.]  The  [hear-
ing]  REVIEW  panel's  determination shall be deemed to be final for the
purpose of such proceeding.
  C. In no case shall the filing or the pendency of an [appeal] APPLICA-
TION FOR REVIEW BY THE STATE REVIEW PANEL OR AN  APPEAL  TO  THE  COURTS
delay the implementation of the decision of the hearing officer.
  6. IMMEDIATE REMOVAL. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
PERSON  ENJOYING THE BENEFITS OF TENURE AS PROVIDED IN SUBDIVISION THREE
OF SECTION ELEVEN HUNDRED TWO,  OR  SECTION  TWENTY-FIVE  HUNDRED  NINE,
TWENTY-FIVE  HUNDRED  SEVENTY-THREE, TWENTY-FIVE HUNDRED NINETY-J, THREE
THOUSAND TWELVE OR THREE THOUSAND FOURTEEN OF THIS  CHAPTER  SHALL  LOSE
SUCH  BENEFITS  AND  SHALL BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY THE
EMPLOYING BOARD OF EDUCATION UPON CONVICTION OF ANY OFFENSE  RELATED  TO
CHILD ABUSE; CHILD ABUSE IN AN EDUCATIONAL SETTING AS DEFINED IN SECTION
ELEVEN  HUNDRED TWENTY-FIVE OF THIS CHAPTER; OR ANY OTHER FELONY OFFENSE
THAT AFFECTS THE OPERATION OF A SCHOOL DISTRICT; OR, UPON REVOCATION  OF
A  PROFESSIONAL  CERTIFICATE  PURSUANT  TO  SUBDIVISION SEVEN OF SECTION
THREE HUNDRED FIVE OF THIS CHAPTER.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON ENJOYING  THE
BENEFITS  OF  TENURE  AS PROVIDED IN SUBDIVISION THREE OF SECTION ELEVEN
HUNDRED TWO, OR SECTION TWENTY-FIVE HUNDRED  NINE,  TWENTY-FIVE  HUNDRED
SEVENTY-THREE,  TWENTY-FIVE  HUNDRED  NINETY-J, THREE THOUSAND TWELVE OR
THREE THOUSAND FOURTEEN OF THIS CHAPTER WHO FAILS TO RECEIVE  A  PROFES-
SIONAL CERTIFICATE WITHIN THE STATUTORY TIMEFRAME AS REQUIRED BY SECTION
THREE  THOUSAND  FOUR OF THIS ARTICLE SHALL RETAIN SUCH BENEFITS AND MAY
BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY A BOARD OF EDUCATION.
  C. ANY EMPLOYEE OF A SCHOOL DISTRICT SUBJECT TO IMMEDIATE  TERMINATION
UNDER  THE PROVISIONS OF THIS SECTION SHALL HAVE FIVE BUSINESS DAYS FROM
THE NOTICE OF TERMINATION  IN  WHICH  TO  PROVIDE  DOCUMENTARY  EVIDENCE
ESTABLISHING  TO  THE SATISFACTION OF THE EMPLOYING BOARD THAT HE OR SHE
IS NOT THE SAME INDIVIDUAL REFERENCED IN THE ACTION  TRIGGERING  HIS  OR
HER REMOVAL.
  S  7.  Section  305  of  the  education law is amended by adding a new
subdivision 43 to read as follows:
  43. A. THE COMMISSIONER SHALL ESTABLISH THE STATE TENURED TEACHERS AND
ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFTER REFERRED TO IN THIS
SUBDIVISION AS THE "PANEL"). THE PANEL SHALL CONSIST  OF  NO  LESS  THAN
THREE  MEMBERS  APPOINTED  BY  THE  COMMISSIONER. PANEL MEMBERS SHALL BE
EMPLOYED BY THE DEPARTMENT AND THEIR SALARY SHALL BE DETERMINED AND PAID
BY THE DEPARTMENT.
  B. PANEL MEMBERS SHALL:
  (1) SUCCESSFULLY  COMPLETE  A  TRAINING  PROGRAM  ESTABLISHED  BY  THE
COMMISSIONER  AND  ATTEND  SUCH  ADDITIONAL  TRAINING PROGRAMS AS MAY BE
REQUIRED BY THE COMMISSIONER;
  (2) POSSESS KNOWLEDGE OF AND THE ABILITY TO UNDERSTAND THE  PROVISIONS
OF  APPLICABLE  LAW  AND  REGULATIONS  PERTAINING  TO  THE DISCIPLINE OF

A. 9219--A                         19

TENURED EMPLOYEES UNDER THIS SECTION, AND  ADMINISTRATIVE  AND  JUDICIAL
INTERPRETATIONS OF SUCH LAWS AND REGULATIONS;
  (3) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A HEAR-
ING UNDER THIS SECTION; AND
  (4)  POSSESS  THE  ABILITY TO RENDER AND WRITE DECISIONS IN ACCORDANCE
WITH APPROPRIATE STANDARD LEGAL PRACTICE.
  S 8. This act shall take effect immediately and shall apply to  disci-
plinary  proceedings commenced on or after such effective date; provided
that the amendments to section 3012-b of  the  education  law,  made  by
section  one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; provided, further, that  the  amend-
ments  to  subdivision  2  of  section 3001 of the education law made by
section two of this act shall be subject to the expiration and reversion
of such section pursuant to section 2 of chapter  658  of  the  laws  of
2002, as amended, when upon such date the provisions of section three of
this act shall take effect.
  S  4.  The  commissioner  of  education  and  the board of regents are
authorized and directed to take all actions necessary to  implement  the
provisions of parts A and C of this act on or before the effective dates
of such parts.  The commissioner of education is authorized and directed
to   promulgate   rules  and  regulations  necessary  to  implement  the
provisions of parts A and C of this act on or before the effective dates
of such parts.
  S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  6.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.

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