senate Bill S2808B

Signed by Governor Amended

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

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Bill Status


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

  • 01 / Feb / 2011
    • REFERRED TO FINANCE
  • 25 / Feb / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 25 / Feb / 2011
    • PRINT NUMBER 2808A
  • 12 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 12 / Mar / 2011
    • PRINT NUMBER 2808B
  • 30 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 30 / Mar / 2011
    • PRINT NUMBER 2808C
  • 30 / Mar / 2011
    • ORDERED TO THIRD READING CAL.294
  • 30 / Mar / 2011
    • AMENDED ON THIRD READING (T) 2808D
  • 30 / Mar / 2011
    • MESSAGE OF NECESSITY
  • 30 / Mar / 2011
    • PASSED SENATE
  • 30 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 30 / Mar / 2011
    • REFERRED TO WAYS AND MEANS
  • 30 / Mar / 2011
    • SUBSTITUTED FOR A4008D
  • 30 / Mar / 2011
    • ORDERED TO THIRD READING RULES CAL.16
  • 30 / Mar / 2011
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 30 / Mar / 2011
    • PASSED ASSEMBLY
  • 30 / Mar / 2011
    • RETURNED TO SENATE
  • 30 / Mar / 2011
    • DELIVERED TO GOVERNOR
  • 31 / Mar / 2011
    • SIGNED CHAP.58

Summary

Relates to contracts of excellence, library funding, reimbursement of school districts, apportionment of school aid, building aid, foundation aid base, apportionment of school aid and of current year approved expenditures for debt service, apportionment of transportation aid, academic enhancement aid, high tax aid, Medicaid reimbursement, gap elimination adjustment, small government assistance and maximum class size; relates to the former New York State Theatre Institute; transfers all the rights and property held by the former New York State Theatre Institute to the office of general services and authorizes the commissioner of general services to transfer all the property that was part of the former New York State Theatre Institute to the Sage Colleges; relates to capital facilities in support of the state university and community colleges; relates to procurement in support of the state and city universities; relates to state university health care facilities; authorizes the commissioner of the office of children and family services to close certain facilities and makes other decisions necessary for the cost-effective and efficient operation of facilities operated by the office; relates to funding and utilization of juvenile detention and funding for supervision and treatment services; relates to the use of surplus funds from the greater Catskills flood remediation program; relates to directing the office of children and family services to annually provide, to the legislative leaders and social services districts, a detailed report on the total cost and operating capacity of its juvenile facilities; relates to eligibility requirements for student financial aid; relates to the effectiveness of certain provisions of law; provides for the administration of certain funds and accounts related to the 2011-2012 budget; authorizes certain payments and transfers; relates to the school tax relief fund; relates to the issuance of revenue bonds; relates to mental health service facilities financing; relates to the effectiveness of certain provisions of law; relates to environmental infrastructure projects; relates to certificates of participation; relates to housing program bonds and notes; relates to the issuance of bonds by the dormitory authority and the New York state environmental facilities corporation; provides funding for certain community projects, relating to increasing such funding, relating to certain monetary transfers; relates to voting of directors of local government assistance corporation; relates to library construction; relates to community enhancement facilities projects; relates to the amount of bonds issued for community enhancement projects; relates to providing for the administration of certain funds and accounts related to the 2002-2003 budget; relates to bonds or notes; relates to the issuance of bonds by the dormitory authority and the New York state urban development corporation; relates to the aggregate principal amount; relates to financing economic development and regional initiatives and in relation to the issuance of bonds or notes for the purpose of funding project costs for regional economic development council initiatives, communities impacted by the closure of New York state prison and correctional facilities and other states' costs associated with such projects; relates to the effectiveness of certain provisions of law; and relates to governing operators of commercial motor vehicles and federal requirements for medical certification pertaining to such operators.

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Bill Details

Versions:
S2808
S2808A
S2808B
S2808C
S2808D
Legislative Cycle:
2011-2012
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

Sponsor Memo

BILL NUMBER:S2808B

TITLE OF BILL:
An act
to amend the education law, in relation to contracts of
excellence, library
funding, reimbursement of school districts,
apportionment of school aid, building aid, foundation
aid base,
apportionment of school aid and of current year approved expenditures
for debt service,
academic enhancement aid,
high tax aid, Medicaid reimbursement, gap
elimination
adjustment, grants, and
maximum class size;
to amend the state finance law, in relation to base grant;
to
amend chapter 756 of the laws of 1992 relating to funding a program
for work force
education conducted by the consortium for worker education in New York
city, in
relation to apportionment and reimbursement;
to amend chapter 169 of the laws of 1994
relating to certain
provisions related to the 1994-95 state operations, aid to localities,
capital projects and
debt service budgets, chapter 82 of the laws of 1995, amending the
education law and
certain other laws relating to state aid to school districts and the
appropriation of funds
for the support of government, chapter 386 of the laws of 1996
amending the education
law relating to providing for a waiver allowing state aid in certain
circumstances, chapter
472 of the laws of 1998 amending the education law relating to the
lease of school
buses by school districts, chapter 147 of the laws of 2001 amending
the education law
relating to conditional appointment of school district, charter school
or BOCES
employees, chapter 425 of the laws of 2002 amending the education law
relating to the
provision of supplemental educational services, attendance at a safe
public school and the
suspension of pupils who bring a firearm to or possess a firearm at a
school, chapter 101
of the laws of 2003 amending the education law relating to
implementation of the No
Child Left Behind Act of 2001,
in relation to
school aid and
extending the expiration of certain provisions of such chapters;
to amend the general municipal law, in relation to withdrawals
from the employee accrued liability reserve fund, in
relation to school
bus driver training; in relation to the support of public libraries;


to provide special
apportionment for salary expenses; to provide special apportionment
for public
pension expenses; in relation to suballocation of certain education
department accruals;
in relation to purchases by the city school district of Rochester;
and providing for the repeal of certain provisions upon
expiration thereof
(Part A);
Intentionally omitted
(Part A-1);
to amend the education law, in relation to expenses for textbooks,
school library materials, software programs and computer equipment; to
amend the general municipal law and the education law, in relation to
the funding of mandates; to amend the education law, in relation to the
school paperwork elimination and reduction act of 2011; and to repeal
certain provisions of the education law relating thereto;
to amend the education law, in relation to the apportionment of public
monies in reorganized school districts; and to amend the education
law, in relation to grants for the math and science high schools
program (Part B);
to repeal article 9 of the arts and cultural affairs law relating to
the New York state theatre institute corporation and section 97-u of
state finance law relating to the New York state theatre institute
corporation fund, and to establish procedures for the transfer and
ownership of rights and real property currently held by the entity
formerly referred to as the New York state theatre
institute (Part C);
to amend the education law and the state finance law, in relation to
procurement in support of the state university; to amend the education
law, in relation to operations of the state university construction
fund; and to amend the civil service law and the education law, in
relation to state university health care facilities (Part D);
to amend the education law, in relation to tuition assistance program
award determinations (Part E);
Intentionally omitted
(Part F);
to amend the education law, in relation to restrictions on eligibility
to receive awards and loans; and to repeal certain provisions of such
law relating thereto (Part G);
to amend the education law, in relation to tuition assistance program
awards (Part H);
to amend the education law, in relation
to good academic standing requirements (Part I);
to amend the education law, in relation to tuition assistance program
awards for graduate school students; and to repeal certain provisions of
such law relating thereto (Part J);
to amend chapter 31 of the laws of 1985, amending the education law
relating to regents scholarships in certain professions, in relation
to the physician loan forgiveness program (Part K);
to amend chapter 57 of the laws of 2005 amending the education law
relating to the New York state nursing faculty loan forgiveness
incentive program and the New York state nursing faculty scholarship
program, in relation to the effectiveness thereof (Part L);
to amend chapter 161 of the laws of 2005, amending the education law and
other laws relating to the social worker loan forgiveness program, in
relation to the effectiveness thereof (Part M);


to amend the real property tax law and the tax law, in
relation to containing the cost of the STAR
program and allowing the renunciation of
STAR and other property tax exemptions (Part N);
to amend the education law, in relation to maintenance costs for
students with disabilities placed in a residential school under article
89 of the education law; and to amend the social services law, in
relation to expenditures by social services districts for children in
residential schools (Part O);
Intentionally omitted
(Part P);
Intentionally omitted (Subpart A); and to amend the executive law, the
family court act and the
county law, in relation to funding and utilization of juvenile
detention
(Subpart B) (Part Q);
to amend the social services law, in relation to the fee charged for
clearances from the statewide central register of child abuse or
maltreatment (Part R);
to amend the social services law, in relation to increasing the standards
of monthly need for aged, blind and disabled persons (Part S);
to amend the social services law, in relation to sanctions imposed for
noncompliance with public assistance work requirements; and to repeal
certain provisions of such law relating thereto and providing for the
repeal of such provisions upon expiration thereof
(Part T);
to amend the social services law, in relation to adjusting the needs
standards for determining eligibility for assistance (Part U);
Intentionally omitted
(Part V);
to amend chapter 62 of the laws of 2003 amending the state finance law
and other laws relating to authorizing and directing the state
comptroller to loan money to certain funds and accounts, in relation to
extending the interest assessment surcharge fund (Part W);
to amend the education law, in relation to eligibility requirements for
student financial aid
and
to amend the education law, in relation to annual apportionment amounts
received by the state university
(Part X);
to amend the education law, in relation to authorizing a five percent
increase in tuition paid by out-of-state residents attending the state
university of New York (Part Y);
to amend the social services law, in relation to agreements pertaining
to the authorization of kinship guardian assistance payments (Part Z);
to amend the family court act and the executive law, in relation to
placement of respondents with the office of children and family services
(Part AA);
to amend the executive law, in relation to requiring the office of
children and family services to provide weekly reports on youth
detention centers (Part BB);
to amend the social services law, in relation to households receiving
monthly grants of public assistance (Part CC);
to amend the social services law, in relation to providing for a
personal needs allowance (Part DD);
to amend the education law, in relation to annual professional
performance reviews of classroom teachers and building principals and


in relation to retaining quality
teachers and teachers in shortage subject areas when teaching
positions are eliminated in city school districts of cities having one
million or more inhabitants; and to repeal certain provisions of such
law relating thereto
(Part EE);
to amend part NN of chapter 57 of the laws of 2008 relating to
authorizing the New York state mortgage agency to transfer certain
moneys, in relation to the use of surplus funds from the greater
Catskills
flood remediation program (Part FF);
to amend the social services law, in relation to consolidating toll free
human services hotlines (Part GG);
Intentionally omitted
(Part HH);
to amend the education law, in
relation to tuition and self-supporting revenues of the state
university;
and providing for the repeal of such provisions upon expiration
thereof
(Part II); and
to amend the executive law, in relation to requiring a report on the
cost and operating capacity at the office of children and family services
and providing for adjustment of reimbursement rates (Part JJ)

SUMMARY:
The Senate concurs with the Executive's proposals in ELFA
BILL
S.2808 with the following modifications:

Part C - Eliminate the statutory authorization for the New York State
Theatre Institute and provide for the transfer of its rights and
property to the Office of General Services.
The Senate concurs with the Executive proposal to transfer all
property to the Office of General Services. The Senate would
additionally like to explore a venture with Russell Sage College, to
continue to use some of the existing properties of the former New
York State Theatre Institute.

Part D - Enhance flexibility for SUNY and CUNY in the areas of
procurement and participation in public-private partnerships.
The Senate amends !he Executive's proposal to enhance flexibility for
SUNY and CUNY in the areas of procurement and participation in
public-private partnerships by limiting procurement to procurement of
goods and construction related services for SUNY and rejects portions
dealing with procurement for CUNY and participation in public-private
partnerships.

Part E - Reduce the maximum TAP award for students matriculated in
certain two-year degree programs to $4,000.
The Senate concurs with the Executive's proposal to reduce the maximum
TAP award for students matriculated in certain two-year degree
programs to $4,000.

Part F - Include pension and annuity income for Tuition Assistance
Program eligibility determinations Intentionally Omitted.


The Senate rejects the Executive's proposal to
include pension and annuity income for tuition assistance eligibility
determinations.

Part G - Amend the eligibility requirements for the Tuition Assistance
Program (TAP) related to students in default on certain student loans.
The Senate concurs with the Executive's proposal to amend the
eligibility requirements for TAP as it relates to students in default
on certain student loans.

Part H - Continue Tuition Assistance Award (TAP) schedule for students
who are married with no children.
The Senate concurs with the Executive's proposal to continue the TAP
award schedule for students who are married with no children.

Part I - Increase academic standards for non-remedial Tuition
Assistance Program (TAP) recipients.
The Senate concurs with the Executive's proposal to increase academic
standards for nonremedial TAP recipients, but adds clarifying
language that students who qualify remain subject to all other
academic standards.

Part J - Eliminate Tuition Assistance Program (TAP) eligibility for
graduate students.
The Senate concurs with the Executive's proposal to eliminate TAP
eligibility for graduate students.

Part K - Extend the Regents Physician Loan Forgiveness Program until
the end of the 2015-16 school year.
The Senate concurs with the Executive's proposal to extend the Regents
Physician Loan Forgiveness Program until the end of the 2015-2016
academic year.

Part L - Extend Patricia K. McGee Nursing Faculty Scholarship and the
Nursing Faculty Loan Forgiveness Incentive programs until June 30,
2016.
The Senate concurs with the Executive's proposal to extend the
Patricia K. McGee Nursing Faculty Scholarship and Nursing Faculty
Loan Forgiveness Incentive Programs until 2016.

Part M - Extend the Regents Licensed Social Worker Loan Forgiveness
Program until June 30, 2016.
The Senate concurs with the Executive's proposal to extend the Regents
Licensed Social Worker Loan Forgiveness Program until June 30, 2016.

Part N - Establish STAR Program Cost Containment Measures.

Part 0 - Better align Committee on Special Education (CSE) maintenance
cost shares.
The Senate amends the Executive's proposal to eliminate the State
share of reimbursement for Committee on Special Education maintenance
costs by reducing the State's share from 36.8 percent to 28.4 percent
and increasing the school districts' share from 20 percent to 28.4
percent. The local share would remain unchanged at 43.2 percent.
The Senate restores $53.2 million.

Part P - Establish the Primary Prevention Incentive Program.


The Senate denies the Executive's proposal to establish a Primary
Prevention Incentive Program.

Part Q - Establish Juvenile Justice reforms.
The Senate amends the Executive's proposal to reform juvenile justice
as follows:

o Denies the proposal to eliminate the 12-month notification
requirement, however would notwithstand the closure requirement to
reduce capacity from 1,209 to 833 and to achieve $21.8 million in
savings in SFY 2011-12.

o Denies the proposal to create a Supervision and Treatment Services
for Juveniles program, however would allow for 50 percent
reimbursement for alternative to detention and residential placement
programs within the $72 million uncapped detention services
appropriation.

o Denies the proposal to cap detention on July 1,2011. The Senate
restores $33.8 million.

o Denies the proposal to eliminate the placement of Persons in Need of
Supervision (PINS) in detention.

o Amends the Executive proposal to create a risk assessment tool
linked to reimbursement by requiring localities to implement a risk
assessment tool for the purposes of making a determination, however
would reject the proposal to provide reimbursement for detention for
only high-risk youth.

Part R - Modify the fee structure for Statewide Central Registry (SCR)
clearance checks.
The Senate amends the Executive's proposal to increase and implement a
$60 fee for providing background checks within the Statewide Central
Registry (SCR) by reducing the proposed fee increase to an individual
to $25 for their first background after April 1, 2011 and $5 for any
subsequent checks thereafter. OCFS would be required to implement the
use of an identifying factor, such as a social security number or
date of birth, when investigating child protective service claims and
when performing searches within the SCR effective April 1, 2011. The
Senate restores $7.6 million.

Part S - Authorize the pass-through of any Federal Social Security
Income (SSI) Cost of Living Adjustment which becomes effective on or
after January 1, 2012.
The Senate concurs with the Executive's proposal to authorize the
federal Supplemental Security Income (SSI) cost of living adjustment
pass-through.

Part T - Strengthen compliance with Public Assistance Work Requirements.
The Senate concurs with the Executive's proposal implement full-family
sanctions an individuals' second instance of non-compliance with work
requirements.

Part U - Delay the scheduled Public Assistance Grant increase.
The Senate amends the Executive proposal to delay the third public
assistance grant increase to July of 2012 by reducing the current


basic allowance amount to SFY 2009-10 levels. The remaining two 10
percent increases would be rescheduled for July of 2012 and July of
2013, respectively. This action creates additional State savings
totaling $29.3 million in SFY 2011-12.

Part V - Consolidate the Neighborhood Preservation Program and Rural
Preservation Program into a single, competitive, performance-based
program.
The Senate rejects the Executive's proposal to merge these two
programs into a single program.

Part W - Make permanent the Unemployment Insurance (UI) Interest
Assessment Surcharge.

Part X - Amends eligibility requirements for TAP with respect to
federally-recognized institutions; apportions tuition payments
received by the State University.
The Senate advances legislation expanding TAP eligibility to students
attending certain institutions not under the State Education
Department's direct supervision. The Senate also proposes to allow
the state university to retain seventy-five percent of any tuition
increase for the two thousand twelve-two thousand thirteen academic
year, and one hundred percent of any tuition increase for all
academic years thereafter.

Part Y - Authorizes a five percent increase in tuition paid by
out-of-state residents attending the state university of New York.
The Senate advances legislation authorizing the state university to
increase tuition for out of state residents and authorizes the state
university to retain the proceeds of any increased tuition.

Part Z - Allows localities to create kinship guardian assistance
programs.
The Senate advances legislation that would provide
municipalities with permissive language to effectuate the Subsidized
Kinship Guardianship Program on April 1 , 2011 if the locality has
the financial resources to provide payments.

Part AA - Reforms the Office of Children and Family Services
residential placement system.
The Senate advances legislation to
modify the structure of the OCFS-operated residential placement
system. Effective April 1, 2012, OCFS would only operate secure and
limited-secure residential placement facilities. All youth placed in
non-secure facilities would be in the custody of his or her
respective locality and would be placed within a local voluntary
agency. In order to be stepped down from secure or limited secure to
non-secure facilities, the youth would be required to go back to the
family court judge for the purposes of changing custody. The Senate
recommends an increase to the Foster Care Block Grant in SPY 2012-13
to mitigate the cost shift to municipalities.

Part BB - Requires the Office of Children and Family Services to
provide weekly reports on youth detention centers.
The Senate advances
legislation that would require OCFS to provide the Legislature with
electronic weekly reports on the capacity of OCFS operated youth


facilities and the number of youth who are in OCFS custody that are
not residing in OCFS facilities.

Part CC - Allows the computation of any public assistance grant to
include any supplemental social security income.
The Senate advances
legislation that would recognize the presence of Supplemental
Security Income (SSI) recipients when determining the grant level of
a public assistance household. This proposal creates state savings
totaling $15 million in SPY 2011-12.

Part DD - Amends the personal needs allowance for residents of alcohol
and substance abuse facilities.
The Senate advances legislation that
would reduce the personal Needs Allowance for Safety Net Assistance
recipients residing in drug and alcohol residential facilities. This
proposal creates State savings totaling $5 million in SPY 2011-12.

Part EE - Reforms the annual professional performance review process
for teachers, and allows for the retention of quality teachers when
teaching positions are eliminated in school districts of cities
having one million or more inhabitants.
The Senate advances
legislation to create default layoff mechanism in New York city in
effect unless and until such time as the city of New York and its
teachers union collectively bargain new layoff procedures.
Decision-making based solely on seniority would be prohibited in any
bargaining agreement. In addition, it will amend the Education Law in
relation to teacher
evaluation system. It will promote the creation of criteria for Annual
Professional Performance Review. The establishment of the system will
be expedited - it will be in place for the 2011-2012 school year.

Part FF - Allows transfer of surplus funds from the Catskills flood
remediation program.
The Senate advances legislation to authorize the
New York state mortgage agency to transfer certain moneys, in
relation to the use of surplus funds from the greater Catskills flood
remediation program.

Part GG - Consolidates state funded 800 numbers into one consolidated
access point, 211.
The Senate advances legislation that would require
the Office of the State Comptroller to conduct a study, in
consultation with United Ways of New York, to determine which human
services toll-free hotlines could be consolidated under 2-1-1.
Further, the legislation would require all agencies operating a
hotline recommended for elimination in the report to transfer the
operating funds of such hotlines into the 2-1-1 system account.

Part HH - Intentionally Omitted

Part II - Alters the retention formula of State University of New York.
The Senate advances legislation to require tuition and revenues
transferred to SUNY through an new appropriation structure. This
action removes the Executives authority to reduce support for SUNY
operations without legislative action.


Part JJ - Requires a report on the cost and operating capacity at the
office of children and family services and providing for adjustment
of reimbursement rates.
The Senate advances legislation that would
require the State to provide the Legislature and local social
services districts with information pertaining to the per-diem rate
determinations for children in OCFS placements, as well as to require
the State to reconcile interim per-diem rates within one year of the
end of the fiscal year during which the days were claimed for.

JUSTIFICATION:
This bill enacts into law major components of
legislation which are necessary to implement the education, labor and
family assistance budget for the 2011-2012 state fiscal year.

EFFECTIVE DATE:
As set forth in each component part.

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

                                 2808--B

                            I N  S E N A T E

                            February 1, 2011
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
  the Constitution -- read twice and ordered printed, and  when  printed
  to  be  committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation to  contracts  of  excel-
  lence,  library funding, reimbursement of school districts, apportion-
  ment of school aid, building aid, foundation aid  base,  apportionment
  of  school  aid  and  of  current  year approved expenditures for debt
  service, academic enhancement aid, high tax aid,  Medicaid  reimburse-
  ment,  gap  elimination adjustment, grants, and maximum class size; to
  amend the state finance law, in relation to base grant; to amend chap-
  ter 756 of the laws of 1992 relating to funding  a  program  for  work
  force  education  conducted  by the consortium for worker education in
  New York city, in relation  to  apportionment  and  reimbursement;  to
  amend  chapter  169 of the laws of 1994 relating to certain provisions
  related to the 1994-95 state operations, aid  to  localities,  capital
  projects  and  debt  service  budgets, chapter 82 of the laws of 1995,
  amending the education law and certain other laws  relating  to  state
  aid to school districts and the appropriation of funds for the support
  of  government, chapter 386 of the laws of 1996 amending the education
  law relating to providing for a waiver allowing state aid  in  certain
  circumstances,  chapter 472 of the laws of 1998 amending the education
  law relating to the lease of school buses by school districts, chapter
  147 of the laws of 2001 amending the education law relating to  condi-
  tional appointment of school district, charter school or BOCES employ-
  ees, chapter 425 of the laws of 2002 amending the education law relat-
  ing  to the provision of supplemental educational services, attendance
  at a safe public school and the  suspension  of  pupils  who  bring  a
  firearm  to  or possess a firearm at a school, chapter 101 of the laws
  of 2003 amending the education law relating to implementation  of  the
  No  Child  Left  Behind  Act  of  2001,  in relation to school aid and
  extending the expiration of certain provisions of  such  chapters;  to
  amend  the  general municipal law, in relation to withdrawals from the
  employee accrued liability reserve fund, in  relation  to  school  bus
  driver  training;  in  relation to the support of public libraries; to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12572-04-1

S. 2808--B                          2

  provide special apportionment for salary expenses; to provide  special
  apportionment  for  public  pension  expenses; in relation to suballo-
  cation of  certain  education  department  accruals;  in  relation  to
  purchases  by the city school district of Rochester; and providing for
  the repeal of certain provisions upon  expiration  thereof  (Part  A);
  Intentionally  omitted  (Part  A-1);  to  amend  the education law, in
  relation to expenses for textbooks, school library materials, software
  programs and computer equipment; to amend the  general  municipal  law
  and  the  education  law,  in  relation to the funding of mandates; to
  amend the education law, in relation to the  school  paperwork  elimi-
  nation  and reduction act of 2011; and to repeal certain provisions of
  the education law relating thereto; to amend  the  education  law,  in
  relation  to  the apportionment of public monies in reorganized school
  districts; and to amend the education law, in relation to  grants  for
  the  math and science high schools program (Part B); to repeal article
  9 of the  arts and cultural affairs law relating to the New York state
  theatre institute corporation and section 97-u of  state  finance  law
  relating to the New York state theatre institute corporation fund, and
  to  establish  procedures for the transfer and ownership of rights and
  real property currently held by the entity formerly referred to as the
  New York state theatre institute (Part C); to amend the education  law
  and  the  state  finance law, in relation to procurement in support of
  the state university; to amend the education law, in relation to oper-
  ations of the state university construction fund;  and  to  amend  the
  civil  service law and the education law, in relation to state univer-
  sity health care facilities (Part D); to amend the education  law,  in
  relation  to tuition assistance program award determinations (Part E);
  Intentionally omitted  (Part  F);  to  amend  the  education  law,  in
  relation  to restrictions  on eligibility to receive awards and loans;
  and to repeal certain provisions of such law  relating  thereto  (Part
  G);  to  amend  the  education  law, in relation to tuition assistance
  program awards (Part H); to amend the education law,  in  relation  to
  good  academic  standing requirements (Part I); to amend the education
  law, in relation to tuition assistance  program  awards  for  graduate
  school students; and to repeal certain provisions of such law relating
  thereto  (Part  J);  to amend chapter 31 of the laws of 1985, amending
  the  education  law  relating  to  regents  scholarships  in   certain
  professions,  in  relation  to  the physician loan forgiveness program
  (Part K); to amend chapter 57 of the laws of 2005 amending the  educa-
  tion  law relating to the New York state nursing faculty loan forgive-
  ness incentive program and the New York state nursing faculty scholar-
  ship program, in relation to the effectiveness thereof  (Part  L);  to
  amend  chapter 161 of the laws of 2005, amending the education law and
  other laws relating to the social worker loan forgiveness program,  in
  relation  to  the  effectiveness  thereof  (Part M); to amend the real
  property tax law and the tax law, in relation to containing  the  cost
  of  the  STAR  program and allowing the renunciation of STAR and other
  property tax exemptions (Part N);  to  amend  the  education  law,  in
  relation to maintenance costs for students with disabilities placed in
  a  residential  school  under  article 89 of the education law; and to
  amend the social services law, in relation to expenditures  by  social
  services  districts  for  children  in  residential  schools (Part O);
  Intentionally omitted (Part P); Intentionally omitted (Subpart A); and
  to amend the executive law, the family court act and the  county  law,
  in  relation to funding and utilization of juvenile detention (Subpart
  B) (Part Q); to amend the social services law, in relation to the  fee

S. 2808--B                          3

  charged  for  clearances  from the statewide central register of child
  abuse or maltreatment (Part R); to amend the social services  law,  in
  relation  to  increasing the standards of monthly need for aged, blind
  and  disabled  persons  (Part S); to amend the social services law, in
  relation to sanctions imposed for noncompliance with public assistance
  work requirements; and to repeal certain provisions of such law relat-
  ing thereto and providing for the repeal of such provisions upon expi-
  ration thereof (Part T); to amend the social services law, in relation
  to adjusting the  needs  standards  for  determining  eligibility  for
  assistance  (Part U); Intentionally omitted (Part V); to amend chapter
  62 of the laws of 2003 amending the state finance law and  other  laws
  relating  to  authorizing  and directing the state comptroller to loan
  money to certain funds and accounts,  in  relation  to  extending  the
  interest  assessment  surcharge  fund (Part W); to amend the education
  law, in relation to eligibility requirements for student financial aid
  and to amend the education law, in relation  to  annual  apportionment
  amounts received by the state university (Part X); to amend the educa-
  tion  law,  in  relation  to  authorizing  a  five percent increase in
  tuition paid by out-of-state residents attending the state  university
  of New York (Part Y); to amend the social services law, in relation to
  agreements pertaining to the authorization of kinship guardian assist-
  ance  payments  (Part Z); to amend the family court act and the execu-
  tive law, in relation to placement of respondents with the  office  of
  children and family services (Part AA); to amend the executive law, in
  relation  to  requiring  the office of children and family services to
  provide weekly reports on youth detention centers (Part BB); to  amend
  the  social  services law, in relation to households receiving monthly
  grants of public assistance (Part CC); to amend  the  social  services
  law,  in  relation  to  providing for a personal needs allowance (Part
  DD); to amend the education law, in relation  to  annual  professional
  performance  reviews of classroom teachers and building principals and
  in relation to retaining quality teachers  and  teachers  in  shortage
  subject  areas  when  teaching positions are eliminated in city school
  districts of cities having one million or  more  inhabitants;  and  to
  repeal  certain  provisions of such law relating thereto (Part EE); to
  amend part NN of chapter 57 of the laws of 2008 relating to  authoriz-
  ing  the New York state mortgage agency to transfer certain moneys, in
  relation to the use of surplus funds from the greater Catskills  flood
  remediation  program  (Part  FF); to amend the social services law, in
  relation to consolidating toll free human services hotlines (Part GG);
  Intentionally omitted (Part  HH);  to  amend  the  education  law,  in
  relation  to tuition and self-supporting revenues of the state univer-
  sity; and providing for the repeal of such provisions upon  expiration
  thereof  (Part  II);  and  to  amend the executive law, in relation to
  requiring a report on the cost and operating capacity at the office of
  children  and  family  services  and  providing  for   adjustment   of
  reimbursement rates (Part JJ)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through JJ. The effective date for each particular

S. 2808--B                          4

provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Intentionally omitted.
  S 2. Subparagraph (vii) of paragraph a of  subdivision  2  of  section
211-d  of  the education law, as added by section 3 of part A of chapter
57 of the laws of 2009, is amended to read as follows:
  (vii) (A) Notwithstanding any other provision of this section  to  the
contrary, a school district that submitted a contract for excellence for
the two thousand seven--two thousand eight school year and the two thou-
sand  eight--two  thousand  nine school year and is required to submit a
contract for excellence for the  two  thousand  nine--two  thousand  ten
school  year but did not fully expend all of its two thousand seven--two
thousand eight foundation aid subject to  the  contract  for  excellence
restrictions  during  the  two thousand seven--two thousand eight school
year may re-allocate and expend such unexpended  funds  during  the  two
thousand  eight--two  thousand  nine and two thousand nine--two thousand
ten school years for allowable  contract  for  excellence  programs  and
activities  as  defined in subdivision three of this section in a manner
prescribed by the commissioner. For purposes of determining  maintenance
of  effort  pursuant  to subparagraph (vi) of this paragraph for the two
thousand eight--two thousand nine school year, funds  expended  pursuant
to  this  subparagraph  shall  be  included in the total budgeted amount
approved by the commissioner in the district's contract  for  excellence
for  the  two  thousand  seven--two thousand eight school year; provided
that such amount shall not be counted  more  than  once  in  determining
maintenance of effort for the two thousand nine--two thousand ten school
year or thereafter.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY,  A  SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR BUT DID NOT FULLY EXPEND
ALL OF ITS TWO THOUSAND NINE--TWO THOUSAND TEN FOUNDATION AID SUBJECT TO
THE  CONTRACT  FOR  EXCELLENCE  RESTRICTIONS  DURING  THE  TWO  THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR MAY RE-ALLOCATE AND EXPEND SUCH UNEX-
PENDED  FUNDS DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR FOR ALLOWABLE CONTRACT FOR EXCELLENCE PROGRAMS  AND  ACTIVITIES  AS
DEFINED  IN  SUBDIVISION THREE OF THIS SECTION IN A MANNER PRESCRIBED BY
THE COMMISSIONER.
  S 3. Subdivision 12 of section 273 of the education law, as amended by
chapter 2 of the laws of 2011, is amended to read as follows:
  12. The commissioner is hereby authorized to expend [in  state  fiscal
year  two  thousand six--two thousand seven three million dollars and in
state fiscal year two thousand seven--two thousand eight  eight  million
dollars  and  in state fiscal year two thousand eight--two thousand nine
seven million nine hundred forty thousand dollars and  in  state  fiscal
year  two  thousand  nine--two thousand ten eight million dollars and in
state fiscal year two thousand ten--two thousand  eleven  eight  million
dollars  subject  to an appropriation] FUNDS ANNUALLY for formula grants
to public library systems,  reference  and  research  library  resources

S. 2808--B                          5

systems,  and school library systems operating under an approved plan of
service. Such formula grants shall be provided for the period commencing
July first and ending on June thirtieth  next  following.  Such  formula
grants will be distributed in the following manner:
  a.  Each  public  library  system established pursuant to sections two
hundred fifty-five and two hundred seventy-two of this part and  operat-
ing  under  a  plan  approved by the commissioner is entitled to receive
ANNUALLY thirty-nine thousand dollars and an amount  equal  to  ten  and
ninety-four  hundredths  percent of the amount of state aid received for
the current year by such system under paragraphs a, c, d,  e  and  n  of
subdivision  one of this section [for the two thousand ten--two thousand
eleven state fiscal year];
  b. Each reference and research library  resources  system  established
pursuant  to  section two hundred seventy-two of this part and operating
under a plan approved by the commissioner is entitled to receive ANNUAL-
LY thirty-nine thousand dollars and an amount equal to ten  and  ninety-
four  hundredths  percent  of  the  amount of state aid received for the
current year under paragraph a of subdivision four of this section  [for
the two thousand ten--two thousand eleven state fiscal year]; and
  c.  Each  school  library  system  established pursuant to section two
hundred eighty-two of this part and operating under a plan  approved  by
the  commissioner  is  entitled to receive ANNUALLY thirty-nine thousand
dollars and an amount equal to ten and ninety-four hundredths percent of
the amount of state aid received for the current  year  by  such  system
under  paragraphs  a, b, c, d, e and f of subdivision one of section two
hundred eighty-four of this part [for the two thousand ten--two thousand
eleven state fiscal year].
  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. Intentionally omitted.
  S 9. Intentionally omitted.
  S 10. Intentionally omitted.
  S 11. Intentionally omitted.
  S 12. Intentionally omitted.
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. Intentionally omitted.
  S 16. Intentionally omitted.
  S 17. Intentionally omitted.
  S 18. Intentionally omitted.
  S 19. Intentionally omitted.
  S 20. Intentionally omitted.
  S 21. Paragraph (a) of subdivision 1 of section 2856 of the  education
law,  as  amended  by  section 12 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  (a) The enrollment of students  attending  charter  schools  shall  be
included  in  the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which  the
pupil  resides.  The  charter  school  shall report all such data to the
school districts of residence in a timely manner. Each  school  district
shall  report  such  enrollment,  attendance  and count of students with
disabilities to the department. The school district of  residence  shall
pay  directly  to  the  charter  school for each student enrolled in the

S. 2808--B                          6

charter school who resides in the school  district  the  charter  school
basic tuition, which shall be:
  (I)  FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND TEN
SCHOOL YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND  TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
the  amount  calculated  pursuant  to  paragraph f of subdivision one of
section thirty-six hundred two of this chapter for the  school  district
for  the  year prior to the base year increased by the percentage change
in the state total approved operating  expense  calculated  pursuant  to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter  from  two  years  prior  to  the  base  year  to the base year;
[provided, however, that]
  (II) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year[.];
  (III) FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO  THOU-
SAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL  YEARS, THE CHARTER SCHOOL
BASIC TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE  TWO  THOUSAND
TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR  PURSUANT  TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  S 22. Subdivision 1 of section 2856 of the education law, as separate-
ly amended by chapter 4 of the laws of 1998 and section 12 of part A  of
chapter 57 of the laws of 2009, is amended to read as follows:
  1.  (A)  The enrollment of students attending charter schools shall be
included in the enrollment, attendance  and,  if  applicable,  count  of
students  with  disabilities  of  the school district in which the pupil
resides. The charter school shall report all such  data  to  the  school
districts  of  residence  in a timely manner. Each school district shall
report such enrollment, attendance and count of students with  disabili-
ties  to  the  department.  The  school  district of residence shall pay
directly to the charter school for each student enrolled in the  charter
school  who  resides  in  the  school  district THE CHARTER SCHOOL BASIC
TUITION WHICH SHALL BE:
  (I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND  TEN
SCHOOL  YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
the amount calculated pursuant to paragraph  f  of  subdivision  one  of
section  [thirty  six]  THIRTY-SIX  hundred  two of this chapter for the
school district for the year prior to the base  year  increased  by  the
percentage  change  in the state total approved operating expense calcu-
lated pursuant to [subdivision eleven] PARAGRAPH T OF SUBDIVISION ONE of
section [thirty six] THIRTY-SIX hundred two of  this  chapter  from  two
years prior to the base year to the base year; [provided, however, that]
  (II)  for  the  two  thousand  nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (III)  FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN  SCHOOL  YEARS,  THE  CHARTER  SCHOOL
BASIC  TUITION  SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL  YEAR  PURSUANT  TO  THE  PROVISIONS  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (B)  The school district shall also pay directly to the charter school
any federal or state aid attributable to a  student  with  a  disability
attending charter school in proportion to the level of services for such

S. 2808--B                          7

student  with  a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section  to  the  contrary,
amounts  payable pursuant to this subdivision may be reduced pursuant to
an  agreement between the school and the charter entity set forth in the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning on the first business day of July and every two months  thereafter.
Amounts  payable  under  this  subdivision  shall  be  determined by the
commissioner. Amounts payable to a charter school in its first  year  of
operation  shall  be based on the projections of initial-year enrollment
set forth in the charter. Such projections shall be reconciled with  the
actual  enrollment  at  the end of the school's first year of operation,
and any necessary adjustments shall  be  made  to  payments  during  the
school's second year of operation.
  S 23. Intentionally omitted.
  S 24. Intentionally omitted.
  S 25. Intentionally omitted.
  S 26. The opening paragraph and paragraphs a, b and b-1 of subdivision
4  of section 3602 of the education law, the opening paragraph, subpara-
graph 1 of paragraph a and paragraphs b and b-1 as amended by section 13
of part A of chapter 57 of the laws of 2009, paragraph a as  amended  by
section  14  of part B of chapter 57 of the laws of 2008, are amended to
read as follows:
  In addition to any other apportionment pursuant  to  this  chapter,  a
school  district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the product of total  aidable
foundation  pupil units multiplied by the district's selected foundation
aid, which shall be the greater of five hundred dollars ($500) or  foun-
dation  formula aid, provided, however that for the two thousand seven--
two thousand eight through two thousand  eight--two  thousand  nine  and
[two thousand eleven--two thousand twelve through] two thousand [twelve]
THIRTEEN--two   thousand   [thirteen]   FOURTEEN  THROUGH  TWO  THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN school years,  no  school  district  shall
receive  total  foundation aid in excess of the sum of the total founda-
tion aid base for aid payable in the two  thousand  seven--two  thousand
eight  school  year computed pursuant to subparagraph (i) of paragraph j
of subdivision  one  of  this  section,  plus  the  phase-in  foundation
increase  computed  pursuant  to  paragraph  b  of this subdivision, and
provided further that total foundation aid shall not be  less  than  the
product  of the total foundation aid base computed pursuant to paragraph
j of subdivision one of this section and one hundred three percent,  nor
more  than the product of such total foundation aid base and one hundred
fifteen percent, and provided further that for the two  thousand  nine--
two thousand ten [and two thousand ten--two thousand eleven] THROUGH TWO
THOUSAND   TWELVE--TWO  THOUSAND  THIRTEEN  school  years,  each  school
district shall receive total foundation aid in an amount  equal  to  the
amount  apportioned to such school district for the two thousand eight--
two thousand nine school year pursuant to this subdivision. Total  aida-
ble  foundation  pupil units shall be calculated pursuant to paragraph g
of subdivision two of this section.  For the purposes of calculating aid
pursuant to this subdivision, aid for the city school  district  of  the
city of New York shall be calculated on a citywide basis.
  a.  Foundation  formula  aid.  Foundation  formula aid shall equal the
remainder when the expected minimum  local  contribution  is  subtracted
from  the product of the foundation amount, the regional cost index, and

S. 2808--B                          8

the pupil need index, or: (foundation amount x  regional  cost  index  x
pupil need index)- expected minimum local contribution.
  (1)  The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as  deter-
mined  by  a  statistical analysis of the costs of special education and
general education in successful  school  districts,  provided  that  the
foundation  amount  shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two  thousand
eight--two  thousand  nine  school year, for the purpose of such adjust-
ment, the percentage increase in  the  consumer  price  index  shall  be
deemed  to  be two and nine-tenths percent (0.029), and provided further
that the foundation amount for  the  two  thousand  seven--two  thousand
eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand eight through [two  thousand  twelve--two  thousand  thirteen]  TWO
THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN school years, [such] THE founda-
tion amount shall be further adjusted by the phase-in foundation percent
established pursuant to paragraph b of this subdivision.
  (2) The regional cost index shall reflect an analysis of labor  market
costs  based on median salaries in professional occupations that require
similar credentials to those of positions in the  education  field,  but
not  including  those  occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
          Labor Force Region  Index
          Capital District    1.124
          Southern Tier       1.045
          Western New York    1.091
          Hudson Valley       1.314
          Long Island/NYC     1.425
          Finger Lakes        1.141
          Central New York    1.103
          Mohawk Valley       1.000
          North Country       1.000
  (3) The pupil need index shall equal the sum of one plus the  extraor-
dinary needs percent, provided, however, that the pupil need index shall
not  be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one  of  this
section.
  (4)  The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected  actual
valuation  is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor,  multiplied  by  the  income
wealth  index,  or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of  one  minus  the  state  sharing
ratio  for  total  foundation  aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety  percent  multiplied  by
the quotient of the sum of the statewide average tax rate as computed by
the  commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six  hundred  nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner  for  the  base  year in accordance with such provisions plus the
statewide average tax rate computed by the  commissioner  for  the  year

S. 2808--B                          9

prior  to  the  base year in accordance with such provisions, divided by
three, provided however that for the two  thousand  seven--two  thousand
eight  school  year,  such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand  nine  school  year,  such  local  tax  factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum  local  contribution  the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index  shall  not  be
more  than  ninety-five  percent  (0.95) for the two thousand eight--two
thousand nine school year. The selected actual valuation shall be calcu-
lated pursuant to paragraph c of subdivision one of this section.  Total
wealth  foundation pupil units shall be calculated pursuant to paragraph
h of subdivision two of this section.
  b. Phase-in foundation increase. (1) The phase-in foundation  increase
shall  equal  the  product  of  the  phase-in foundation increase factor
multiplied by the greater of (i) the positive difference, if any, of (A)
the product of the total aidable foundation pupil  units  multiplied  by
the district's selected foundation aid less (B) the total foundation aid
base  for  aid  payable  in  the  two thousand seven--two thousand eight
school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
subdivision  one  of  this  section  or (ii) the product of the phase-in
due-minimum percent multiplied by the total foundation aid base for  aid
payable  in  the  two  thousand  seven--two  thousand  eight school year
computed pursuant to subparagraph (i) of paragraph j of subdivision  one
of this section.
  (2)  For  the  two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one  hundred  seven  and  sixty-
eight  hundredths  percent  (1.0768),  the  phase-in foundation increase
factor shall equal twenty percent (0.20), and the  phase-in  due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
  for  the two thousand eight--two thousand nine school year, the phase-
in foundation percent  shall  equal  one  hundred  five  and  twenty-six
hundredths  percent  (1.0526),  the  phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for  the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five  tenths  percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en  and  one-half  percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255);
  for the two thousand ten--two thousand eleven school year, the  phase-
in  foundation  percent  shall  equal  one hundred seven and sixty-eight
hundredths percent (1.0768), the  phase-in  foundation  increase  factor
shall  equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for the two thousand eleven--two  thousand  twelve  school  year,  the
phase-in  foundation  percent  shall  equal  [one  hundred  five and six
hundredths percent (1.0506)]  ONE  HUNDRED  THIRTEEN  AND  FOURTEEN  ONE
HUNDREDTHS  PERCENT  (1.1314),  the  phase-in foundation increase factor
shall equal [fifty-three and one-tenth percent (0.531)] THIRTY-SEVEN AND
ONE-HALF PERCENT (0.375), and the  phase-in  due-minimum  percent  shall

S. 2808--B                         10

equal  [twelve  and fifty-five hundredths percent (0.1255)] NINETEEN AND
FORTY-ONE HUNDREDTHS PERCENT (0.1941); and
  for  the  two  thousand twelve--two thousand thirteen school year, the
phase-in foundation percent  shall  equal  [one  hundred  two  and  five
hundredths percent (1.0250)] ONE HUNDRED TEN AND THIRTY-EIGHT HUNDREDTHS
PERCENT  (1.1038),  the  phase-in foundation increase factor shall equal
[seventy-five percent (0.75)] THIRTY-SEVEN AND ONE-HALF PERCENT (0.375),
and the phase-in due-minimum percent shall equal [twelve and  fifty-five
hundredths  percent  (0.1255)] NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT
(0.1941); AND
  FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR,  THE
PHASE-IN   FOUNDATION   PERCENT   SHALL  EQUAL  ONE  HUNDRED  SEVEN  AND
SIXTY-EIGHT  HUNDREDTHS  PERCENT  (1.0768),  THE   PHASE-IN   FOUNDATION
INCREASE FACTOR SHALL EQUAL FORTY-FIVE AND ONE-HALF PERCENT (0.455), AND
THE  PHASE-IN  DUE-MINIMUM  PERCENT  SHALL  EQUAL NINETEEN AND FORTY-ONE
HUNDREDTHS PERCENT (0.1941);
  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEAR,  THE
PHASE-IN  FOUNDATION  PERCENT  SHALL  EQUAL  ONE  HUNDRED  FIVE  AND SIX
HUNDREDTHS PERCENT (1.0506), THE  PHASE-IN  FOUNDATION  INCREASE  FACTOR
SHALL  EQUAL  SIXTY-ONE  AND  ONE-HALF PERCENT (0.615), AND THE PHASE-IN
DUE-MINIMUM  PERCENT  SHALL  EQUAL  NINETEEN  AND  FORTY-ONE  HUNDREDTHS
PERCENT (0.1941); AND
  FOR  THE  TWO  THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED TWO AND FIVE  TENTHS
PERCENT  (1.0250),  THE  PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL
EIGHTY PERCENT (0.800), AND THE PHASE-IN DUE-MINIMUM PERCENT SHALL EQUAL
NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT (0.1941).
  b-1. Notwithstanding any other provision of law to the  contrary,  for
the  two  thousand seven--two thousand eight through [two thousand thir-
teen--two thousand fourteen] TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN
school  years,  the  additional  amount  payable to each school district
pursuant to this subdivision in the current  year  as  total  foundation
aid,  after  deducting  the total foundation aid base, shall be deemed a
state grant in aid identified by the commissioner for  general  use  for
purposes  of  sections seventeen hundred eighteen and two thousand twen-
ty-three of this chapter.
  S 27. The closing paragraph of subdivision 5-a of section 3602 of  the
education  law,  as amended by section 14 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the  product  of
fifteen  percent  and  the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand  eight  school
year.  For  the  two  thousand  nine--two thousand ten [and] THROUGH two
thousand [ten] TWELVE--two thousand [eleven] THIRTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  entitled
"SA0910".
  S 28.  Intentionally omitted.
  S  29. Clause (c) of subparagraph 1 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 3 of  part  A-3
of chapter 58 of the laws of 2006, is amended to read as follows:

S. 2808--B                         11

  (c)  By the first day of September of the current year the comptroller
of the city of New York shall provide to the commissioner  an  analysis,
as  prescribed  by the commissioner, of the actual average interest rate
applied to all capital debt incurred by the city of New York AND THE NEW
YORK CITY TRANSITIONAL FINANCE AUTHORITY for school purposes [(or by the
New  York city transitional finance authority for school purposes, if no
such capital debt is incurred by the city of New York)] during the  base
year  and  of the estimated average interest rate applied to all capital
debt to be incurred by the city of New York AND THE NEW YORK CITY  TRAN-
SITIONAL FINANCE AUTHORITY for school purposes [(or by the New York city
transitional  finance  authority for school purposes, if no such capital
debt is incurred by the city of New York)] during the current year. Upon
approval by the commissioner such actual average interest rate shall  be
established  as  the  interest  rate applicable to the base year for the
purposes of this subparagraph and subparagraph two  of  this  paragraph,
and  such  estimated  average  interest rate shall be tentatively estab-
lished as the interest rate applicable to the current year, except  that
all  apportionments of aid payable during the current year based on such
estimated average interest rate shall be recalculated in  the  following
year and adjusted as appropriate based on the appropriate actual average
interest rate then established by the commissioner.
  S  30. Clause (d) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as added by section 55-a of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
  (d) Notwithstanding any other law, rule or regulation to the contrary,
any interest rate calculated under  this  subdivision  shall  take  into
account  any federal subsidy payments made or to be made to the applica-
ble [issuer] SCHOOL DISTRICT OR  AN  ISSUER  ON  BEHALF  OF  THE  SCHOOL
DISTRICT under the terms of a federally authorized debt instrument which
have  the effect of reducing the actual interest costs incurred by [such
issuer] THE SCHOOL DISTRICT  OR  AN  ISSUER  ON  BEHALF  OF  THE  SCHOOL
DISTRICT over the life of such capital debt, irrespective of any federal
government right of set-off.
  S  31.  Paragraph  e of subdivision 6 of section 3602 of the education
law is amended by adding a new subparagraph 8 to read as follows:
  (8) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW  TO  THE  CONTRARY,
WHERE,  DURING  THE PERIOD OF ASSUMED AMORTIZATION RELATING TO A PROJECT
FOR THE CONSTRUCTION,  ACQUISITION,  RECONSTRUCTION,  REHABILITATION  OR
IMPROVEMENT  OF A SCHOOL BUILDING, THE SCHOOL BUILDING IS SOLD OR OWNER-
SHIP IS OTHERWISE  TRANSFERRED  TO  AN  ENTITY  OTHER  THAN  THE  SCHOOL
DISTRICT  OR  CITY  AND  SUCH TRANSFER RESULTS IN THE BUILDING NO LONGER
BEING OPERATED BY THE SCHOOL DISTRICT AS A PUBLIC ELEMENTARY OR  SECOND-
ARY  SCHOOL  THAT  IS NOT INDEPENDENT OR AUTONOMOUS, THE DISTRICT SHALL,
WITHIN SIXTY DAYS OF THE TRANSFER OF OWNERSHIP, NOTIFY THE  COMMISSIONER
OF  SUCH SALE OR TRANSFER, AND SHALL PROVIDE SUCH ADDITIONAL INFORMATION
ABOUT THE SALE OR TRANSFER AS THE COMMISSIONER MAY REQUIRE,  IN  A  FORM
PRESCRIBED  BY  THE  COMMISSIONER, AND THE COMMISSIONER SHALL RE-COMPUTE
THE BUILDING AID, IF ANY, PAYABLE FOR  SUCH  PROJECT  PURSUANT  TO  THIS
SUBPARAGRAPH,  EXCEPT  TO  THE EXTENT SUCH RE-COMPUTATION WOULD CONFLICT
WITH THE PROVISIONS OF SECTION TWENTY-SEVEN  HUNDRED  NINETY-NINE-TT  OF
THE  PUBLIC  AUTHORITIES LAW. THE COMMISSIONER SHALL DEDUCT THE REVENUES
RECEIVED BY THE SCHOOL DISTRICT OR CITY AS A  RESULT  OF  SUCH  SALE  OR
TRANSFER  FROM  THE  APPROVED  TOTAL  PROJECT  COST  AND,  BASED ON SUCH
ADJUSTED PROJECT COST, ESTABLISH A  NEW  ASSUMED  AMORTIZATION  FOR  THE
REMAINING  USEFUL LIFE OF THE PROJECT UNDER THE APPLICABLE PROVISIONS OF
THIS PARAGRAPH.

S. 2808--B                         12

  S 32.  Intentionally omitted.
  S 33.  Intentionally omitted.
  S 34. Intentionally omitted.
  S 35. Subdivision 12 of section 3602 of the education law, as added by
section  19  of  part  B  of chapter 57 of the laws of 2008, the closing
paragraph as added by section 18 of part A of chapter 57 of the laws  of
2009, is amended to read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement for at least five  years  shall,  for  the  two  thousand
eight--two  thousand  nine  school  year,  be  entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the  total  foundation  aid
base,  as  defined  by  paragraph  j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to  subdivision
four of this section and the supplemental educational improvement grants
apportioned  pursuant to subdivision eight of section thirty-six hundred
forty-one of this [act] ARTICLE, less  (ii)  the  total  foundation  aid
base.
  For the two thousand nine--two thousand ten [and] THROUGH two thousand
[ten]  TWELVE--two  thousand [eleven] THIRTEEN school years, each school
district shall be entitled to an apportionment equal to the  amount  set
forth  for such school district as "EDUCATION GRANTS, ACADEMIC EN" under
the heading "2008-09 BASE YEAR AIDS" in the school aid computer  listing
produced  by the commissioner in support of the budget for the two thou-
sand nine--two thousand ten school year and entitled "SA0910", and  such
apportionment shall be deemed to satisfy the state obligation to provide
an  apportionment  pursuant  to  subdivision eight of section thirty-six
hundred forty-one of this article.
  S 36. The opening paragraph of subdivision 16 of section 3602  of  the
education  law,  as amended by section 19 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  Each school district shall be eligible  to  receive  a  high  tax  aid
apportionment  in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax  aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax  aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two  thousand
seven--two  thousand  eight  school  year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil  wealth
ratio  computed  pursuant  to  paragraph  b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be  eligible
to  receive  a  high tax aid apportionment in the two thousand nine--two
thousand ten [and]  THROUGH  two  thousand  [ten]  TWELVE--two  thousand
[eleven]  THIRTEEN  school years in the amount set forth for such school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the school aid computer listing produced by the commissioner in  support
of  the  budget  for the two thousand nine--two thousand ten school year
and entitled "SA0910".
  S 37. Intentionally omitted.
  S 38. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 57  of  the
laws of 2009, is amended to read as follows:

S. 2808--B                         13

  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  data  file  produced  by  the commissioner in support of the two
thousand nine--two thousand ten education, labor and  family  assistance
budget,  provided,  however, that in the case of a district implementing
programs for the first time or implementing expansion  programs  in  the
two  thousand  eight--two  thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as  provided
in  section  151-1.4 of the regulations of the commissioner, FOR THE TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN SCHOOL YEARS, such school district shall be eligible  for  a  maximum
grant  equal  to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two  thousand  nine
school  year,  AND  FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND
TWO THOUSAND TWELVE--TWO THOUSAND  THIRTEEN  SCHOOL  YEARS  EACH  SCHOOL
DISTRICT  SHALL  BE ELIGIBLE FOR A MAXIMUM GRANT EQUAL TO THE AMOUNT SET
FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER  THE
HEADING  "2011-12  ESTIMATED  AIDS"  IN  THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST
FOR THE 2011-12 SCHOOL YEAR AND ENTITLED "BT111-2", and provided further
that  the maximum grant shall not exceed the total actual grant expendi-
tures incurred by the school district in  the  current  school  year  as
approved by the commissioner.
  S 39. Intentionally omitted.
  S 40. Intentionally omitted.
  S 41. Intentionally omitted.
  S  42.  Clause (iii) of subparagraph 3 of paragraph b of subdivision 1
of section 3609-a of the education law, as amended by section 32 of part
B of chapter 57 of the laws of 2007, is amended to read as follows:
  (iii) Determining final payment for the state fiscal  year.  Prior  to
transmitting  the  March  payment  to  the  state  comptroller, based on
current year, base year and prior school year state aid payments made or
scheduled to be made from the general support for public schools  appro-
priations  for  the  state  fiscal  year  ending March thirty-first, the
commissioner shall determine the extent to which the  amount  designated
for  June pursuant to clause (vi) of subparagraph two of this paragraph,
as adjusted in accordance with clause (ii) of this subparagraph, net  of
any disallowances, would need to be advanced and paid on or before March
thirty-first  in  order  to  use  the  remainder of such appropriations,
EXCLUDING AMOUNTS ASSIGNED TO  THE  DEPARTMENT  OF  HEALTH  PURSUANT  TO
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-B OF THIS ARTICLE, on
or  before  March  thirty-first,  or  to  the extent to which the amount
designated for March would need to be proportionally reduced so  as  not
to  exceed such state fiscal year appropriations. The commissioner shall
report the amount of money required to be advanced or deferred  and  the
percent  it represents of the June or March amounts, as the case may be,
to the director of the budget, the chairperson  of  the  senate  finance
committee  and the chairperson of the assembly ways and means committee.
To the extent that moneys are advanced  or  deferred  pursuant  to  this
paragraph,  they  shall  be  in  the  same  proportion  as  each  school
district's share bears to the total of such June or March  amount.  Upon

S. 2808--B                         14

approval  of the director of the budget, the commissioner shall transmit
the schedule of any such partial June prepayments or such reduced  March
payments  to  the  state  comptroller.  Any portion of the March payment
deferred  shall  be  added  to the June payment; any portion of the June
payment advanced shall be paid on or before March thirty-first.
  S 43. Subparagraph 4 of paragraph b of subdivision 1 of section 3609-a
of the education law, as amended by section 25 of part A of  chapter  57
of the laws of 2009, is amended to read as follows:
  (4)  State  share of medicaid reimbursements. For the purposes of this
subparagraph, FOR AID PAYABLE IN  THE  TWO  THOUSAND  TEN--TWO  THOUSAND
ELEVEN  SCHOOL YEAR, the first reporting period shall run from May first
of the base year through January thirty-first of the current  year,  and
the second reporting period shall run from February first of the current
year  through  [April thirtieth] MARCH THIRTY-FIRST of the current year.
FOR AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND  TWELVE  SCHOOL
YEAR  AND  THEREAFTER,  THE  FIRST REPORTING PERIOD SHALL RUN FROM APRIL
FIRST OF THE BASE YEAR THROUGH  DECEMBER  THIRTY-FIRST  OF  THE  CURRENT
YEAR,  AND  THE  SECOND REPORTING PERIOD SHALL RUN FROM JANUARY FIRST OF
THE CURRENT  YEAR  THROUGH  MARCH  THIRTY-FIRST  OF  THE  CURRENT  YEAR.
Notwithstanding  any inconsistent provisions of law to the contrary, the
sustaining advance payment due any school district  pursuant  to  clause
(ii)  of  subparagraph three of this paragraph in March shall be reduced
by fifty percent of any federal participation during the first reporting
period pursuant to title XIX of the  social  security  act,  in  special
education  programs  provided  pursuant  to  article eighty-nine of this
chapter for services provided on or before June thirtieth, two  thousand
nine; the June payment due any school district pursuant to clause (v) of
subparagraph  three  of this paragraph shall be reduced by fifty percent
of any federal participation during  the  second  reporting  period  for
services  provided  on  or before June thirtieth, two thousand nine. Not
later than ten days after the end of  [a]  THE  FIRST  reporting  period
ENDING  ON  JANUARY  THIRTY-FIRST,  TWO  THOUSAND ELEVEN, NOT LATER THAN
FORTY-ONE DAYS AFTER EACH FIRST  REPORTING  PERIOD  THEREAFTER  AND  NOT
LATER THAN FORTY DAYS AFTER THE END OF EACH SECOND REPORTING PERIOD, the
commissioner  of  health,  as  the  authorized fiscal agent of the state
education department, shall certify to the commissioner and the director
of the budget the total amount of such federal moneys paid to  a  school
district  for such services during such reporting period. Following each
cycle payment, the commissioner of health shall report  to  the  commis-
sioner  the  aggregate  amount of such federal medicaid payments to each
school district. The commissioner shall recoup such  amounts  first,  to
the extent possible, from the specified payment, then by withholding any
other  moneys  due  the school district and finally by direct billing to
any school district still owing moneys to the state. All moneys withheld
or paid to the state on account of this paragraph shall be  credited  by
the  comptroller to the local assistance account for general support for
public schools.
  S 44. Intentionally omitted.
  S 45. Paragraphs a and a-1 of subdivision 1 of section 3609-b  of  the
education law, paragraph a as amended by section 26 and paragraph a-1 as
added  by  section  27  of part A of chapter 57 of the laws of 2009, are
amended to read as follows:
  a. Any  moneys  to  be  apportioned  by  the  commissioner  to  school
districts  during  the school year pursuant to this section for services
provided on or before June thirtieth, two thousand nine THAT WERE  REIM-
BURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN shall,

S. 2808--B                         15

in  the first instance, be designated as the state share of moneys due a
school district pursuant to title XIX of the  social  security  act,  on
account  of  school supportive health services provided to students with
disabilities  in  special education programs pursuant to article eighty-
nine of this chapter and to those pupils who are  qualified  handicapped
persons as defined in the federal rehabilitation act of nineteen hundred
seventy-three,  as  amended.  Some  or  all  of  such state share may be
assigned on behalf of school districts to the department of  health,  as
provided  herein;  any  remaining  state  share  moneys shall be paid to
school districts on the same schedule as the federal share of such title
XIX payments and shall be based on the monthly report of the commission-
er of health to the commissioner; and any remaining moneys to be  appor-
tioned  to  a  school district pursuant to this section shall be paid in
accordance with the provisions of subdivision two of this  section.  The
amount  to be assigned to the department of health, as determined by the
commissioner of health, for any school district  shall  not  exceed  the
federal  share  of any moneys due such school district pursuant to title
XIX. Moneys designated as state share  moneys  shall  be  paid  to  such
school  districts based on the submission and approval of claims related
to such school supportive health services, in  the  manner  provided  by
law.
  a-1.  Any  moneys  to  be  apportioned  by  the commissioner to school
districts during the school year pursuant to this section  for  services
provided  during the two thousand nine--two thousand ten school year and
thereafter, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL  YEAR  THAT  WERE
NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEV-
EN,  shall,  in  the first instance, be designated as the state share of
moneys due a school district pursuant to title XIX of the social securi-
ty act, on account of school  supportive  health  services  provided  to
students  with  disabilities  in  special education programs pursuant to
article eighty-nine of this chapter and to those pupils who  are  quali-
fied handicapped persons as defined in the federal rehabilitation act of
nineteen  hundred  seventy-three,  as amended. Such state share shall be
assigned on behalf of school districts to the department of  health,  as
provided herein; the amount designated as such nonfederal share shall be
transferred by the commissioner to the department of health based on the
monthly  report  of  the commissioner of health to the commissioner; and
any remaining moneys to be apportioned to a school district pursuant  to
this section shall be paid in accordance with the provisions of subdivi-
sion two of this section. The amount to be assigned to the department of
health,  as  determined  by  the  commissioner of health, for any school
district shall not exceed the federal  share  of  any  moneys  due  such
school  district pursuant to title XIX. Moneys designated as state share
moneys shall be paid to such  school  districts  by  the  department  of
health  based  on  the submission and approval of claims related to such
school supportive health services, in the manner provided by law.
  S 46. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as amended by chapter 2 of the laws of 2011, is amended to read as
follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the

S. 2808--B                         16

school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section  shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing  any  other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any  recruitment,  retention  and  certification
costs  associated  with transitional certification of teacher candidates
for the school years two thousand one--two  thousand  two  through  [two
thousand  ten--two  thousand  eleven]  TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE.
  S 47. Intentionally omitted.
  S 48. Intentionally omitted.
  S 49. Intentionally omitted.
  S 50. Intentionally omitted.
  S 51. Intentionally omitted.
  S 52. Intentionally omitted.
  S 53. Intentionally omitted.
  S 54. Intentionally omitted.
  S 55. Intentionally omitted.
  S 56. Intentionally omitted.
  S 57. Intentionally omitted.
  S 58. Subdivision 6 of section 4402 of the education law,  as  amended
by chapter 2 of the laws of 2011, is amended to read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through June thirtieth, two thousand [eleven] TWELVE of the [two
thousand ten--two thousand eleven]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE  school  year,  be  authorized to increase class sizes in special
classes containing students  with  disabilities  whose  age  ranges  are
equivalent  to  those  of  students  in  middle and secondary schools as
defined by the commissioner for purposes of this section by  up  to  but
not to exceed one and two tenths times the applicable maximum class size
specified  in  regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school  district  having  a  popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action
plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be

S. 2808--B                         17

submitted for approval by the commissioner by a date during  the  school
year  in  which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the  commissioner.  Upon  at  least
thirty  days  notice  to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to  termi-
nate  such  authorization  upon  a  finding that the board has failed to
develop or implement an approved corrective action plan.
  S 59. Intentionally omitted.
  S 60. Intentionally omitted.
  S 61. Intentionally omitted.
  S 62. Intentionally omitted.
  S 63. Clause (b) of subparagraph (iii) of paragraph b  of  subdivision
11  of  section  4410 of the education law, as amended by chapter 205 of
the laws of 2009, is amended to read as follows:
  (b) Any moneys due  municipalities  pursuant  to  this  paragraph  for
services  provided during the two thousand nine--two thousand ten school
year and thereafter, OR FOR SERVICES PROVIDED IN  A  PRIOR  SCHOOL  YEAR
THAT  WERE  NOT  REIMBURSED  BY  THE STATE ON OR BEFORE APRIL FIRST, TWO
THOUSAND ELEVEN, shall, in the first  instance,  be  designated  as  the
state  share  of  moneys due a municipality pursuant to title XIX of the
social security act, on account of  school  supportive  health  services
provided  to  preschool  students  with  disabilities  pursuant  to this
section. Such state share shall be assigned on behalf of  municipalities
to  the  department of health, as provided herein; the amount designated
as such nonfederal share shall be transferred by the commissioner to the
department of health based on the monthly report of the commissioner  of
health  to  the commissioner; and any remaining moneys to be apportioned
to a municipality pursuant to this section shall be paid  in  accordance
with  this  section.  The  amount  to  be  assigned to the department of
health, as determined by the commissioner of  health,  for  any  munici-
pality shall not exceed the federal share of any moneys due such munici-
pality  pursuant  to title XIX of the social security act. Moneys desig-
nated as state share moneys shall be paid to such  municipality  by  the
department  of  health  based  on  the submission and approval of claims
related to  such  school  supportive  health  services,  in  the  manner
provided by law.
  S  64.  Subparagraph 4 of paragraph b of subdivision 4 of section 92-c
of the state finance law, as amended by section 46 of part B of  chapter
57 of the laws of 2007, is amended to read as follows:
  (4)  each  eligible school district shall be entitled to an additional
lottery grant equal to the result of multiplying  the  district's  total
aidable  FOUNDATION  pupil  units for the base year COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ACT by:

                      Base Grant x (1 + aid ratio)

  Where, the base grant shall equal the sum of the net  total  available
moneys  after  making payments pursuant to subparagraphs (1), (2), (2-a)
and (3) above, plus an  amount  from  the  general  support  for  public
schools--  general  fund  local  assistance  account  equal  to the June
lottery payment, divided by the total aidable FOUNDATION pupil units  of
the state and where the Aid Ratio is equal to one minus the pupil wealth
ratio  of  the  district  as  such term is defined in section thirty-six

S. 2808--B                         18

hundred two of the education law. In no case shall a school district aid
ratio exceed one (1) or be less than minus one (-1).
  S  65.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by  the
consortium  for worker education in New York city, as amended by section
41 of part A of chapter 57 of the laws of 2009, is amended  to  read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2006-07 school year  shall  not  exceed  64.7
percent  of the lesser of such approvable costs per contact hour or nine
dollars and twenty-five cents per contact  hour  where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult,  reimbursement  for the 2007-08 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or  nine
dollars  and  ninety cents per contact hour where a contact hour repres-
ents sixty minutes of  instruction  services  provided  to  an  eligible
adult],  reimbursement for the 2008-09 school year shall not exceed 62.8
percent of the lesser of such approvable costs per contact hour  or  ten
dollars  and  sixty-five  cents  per  contact hour [where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult and],  reimbursement for the 2009-10 school year shall not  exceed
64.1  percent of the lesser of such approvable costs per contact hour or
eleven dollars and fifty cents per contact hour [where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult],  REIMBURSEMENT FOR THE 2010-11 SCHOOL YEAR SHALL NOT EXCEED 62.6
PERCENT OF THE LESSER OF SUCH  APPROVABLE  COSTS  PER  CONTACT  HOUR  OR
TWELVE DOLLARS AND FIVE CENTS PER CONTACT HOUR AND REIMBURSEMENT FOR THE
2011-12  SCHOOL YEAR SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER OF SUCH
APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS  AND  FIFTEEN  CENTS
PER  CONTACT  HOUR,  WHERE  A  CONTACT  HOUR REPRESENTS SIXTY MINUTES OF
INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT.
  Notwithstanding any other provision of law to the contrary,  [for  the
2006-07 school year such contact hours shall not exceed one million nine
hundred twenty-three thousand seventy-six (1,923,076) hours; whereas for
the  2007-08 school year such contact hours shall not exceed one million
eight hundred thirty-seven thousand sixty  (1,837,060)  hours;  whereas]
for  the  2008-09  school  year  such contact hours shall not exceed one
million nine hundred forty-six thousand one  hundred  seven  (1,946,107)
hours;  whereas for the 2009-10 school year such contact hours shall not
exceed one million seven hundred sixty-three thousand nine hundred seven
(1,763,907) hours; WHEREAS FOR THE  2010-11  SCHOOL  YEAR  SUCH  CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE
HUNDRED  NINETY-EIGHT  (1,525,198) HOURS; WHEREAS FOR THE 2011-12 SCHOOL
YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SEVEN  HUNDRED  ONE
THOUSAND FIVE HUNDRED SEVENTY (1,701,570) HOURS.
  Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed  as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11  of
section 3602 of the education law.
  S  66. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion p to read as follows:

S. 2808--B                         19

  P. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS  FOR THE 2011-2012 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
  S 67. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by chapter 2 of  the  laws
of 2011, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2011] 2012.
  S 68. Subdivision 1 of section 167 of chapter 169 of the laws of  1994
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by chapter 2 of the laws of 2011, is amended to read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty[,] AND twenty-two [and twenty-three] of this act shall expire and
be deemed repealed on March 31, [2012] 2013.
  S 69. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
of  1995,  amending the education law and certain other laws relating to
state aid to school districts and the appropriation  of  funds  for  the
support  of government, as amended by chapter 2 of the laws of 2011, are
amended to read as follows:
  (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
fourteen,  one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2011] 2012 at which time it shall be deemed repealed;
  (24) sections one hundred eighteen through one hundred thirty of  this
act  shall  be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be  deemed  to  be
repealed on and after July 1, [2011] 2012;
  S  70.  Section  2  of  chapter  386 of the laws of 1996, amending the
education law relating to providing for a waiver allowing state  aid  in
certain  circumstances,  as amended by chapter 2 of the laws of 2011, is
amended to read as follows:
  S 2. This  act  shall  take  effect  immediately,  provided  that  the
provisions  of  this  act shall be deemed to have been in full force and
effect on and after January 1, 1996[, and provided,  further  that  this
act shall be deemed repealed on and after January 1, 2015].
  S 71. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion  law  relating to the lease of school buses by school districts, as

S. 2808--B                         20

amended by section 46 of part A of chapter 57 of the laws  of  2009,  is
amended to read as follows:
  S  7.  This  act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2011] 2013.
  S 72. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by chapter 2 of  the  laws
of 2011, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2011] 2012 when
upon such date the provisions of this act shall be deemed repealed.
  S 73. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by chapter 2 of the laws of 2011, is amended to read as follows:
  S 4. This act shall take effect July 1, 2002 and shall expire  and  be
deemed repealed June 30, [2011] 2012.
  S  74.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by chapter 2 of the laws of 2011, is amended to read
as follows:
  S 5. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall expire and be deemed repealed on
June 30, [2011] 2012.
  S 75. Intentionally omitted.
  S 76. Intentionally omitted.
  S 77. Intentionally omitted.
  S 78. Intentionally omitted.
  S 79. Intentionally omitted.
  S 80. Intentionally omitted.
  S 81. Section 6-p of the general municipal law is amended by adding  a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERN-
ING BOARD OF A SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES MAY, DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR,  AUTHORIZE  A WITHDRAWAL FROM THIS FUND IN AN AMOUNT NOT TO EXCEED
THE DOLLAR VALUE OF EXCESS FUNDING IN THE FUND AS DETERMINED AND  CERTI-
FIED  BY THE GOVERNING BOARD.  FUNDS WITHDRAWN PURSUANT TO THIS SUBDIVI-
SION MAY ONLY  BE  USED  FOR  THE  PURPOSE  OF  MAINTAINING  EDUCATIONAL
PROGRAMMING  DURING  THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR.  GOVERNING BOARDS WHICH MAKE SUCH A WITHDRAWAL SHALL SUBMIT, IN  A
FORM  PRESCRIBED  BY THE COMMISSIONER OF EDUCATION, RELEVANT INFORMATION
ABOUT THE WITHDRAWAL, WHICH SHALL INCLUDE BUT NOT  BE  LIMITED  TO,  THE
AMOUNT  OF  SUCH WITHDRAWAL, THE DATE OF WITHDRAWAL, AND THE USE OF SUCH
WITHDRAWN FUNDS. SUCH FUNDS WITHDRAWN BY BOARDS  OF  COOPERATIVE  EDUCA-
TIONAL SERVICES SHALL BE RETURNED TO ITS COMPONENT DISTRICTS IN A MANNER
PRESCRIBED BY THE COMMISSIONER OF EDUCATION.
  S 82. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2011-2012 school year, the commissioner of education shall  allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative education services pursuant to sections 3650-a,  3650-b  and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such

S. 2808--B                         21

payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  83.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2011  enacting
the  local assistance budget shall be apportioned for the 2011--12 state
fiscal year in accordance with the provisions of sections 271, 272, 273,
282, 284, and 285 of the education law as amended by the  provisions  of
this  chapter  and the provisions of this section, provided that library
construction aid pursuant to section 273-a of the  education  law  shall
not  be  payable  from  the  appropriations  for  the  support of public
libraries and provided  further  that  no  library,  library  system  or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2011--2012
by  a  chapter  of the laws of 2011 enacting the local assistance budget
shall fulfill the state's obligation to provide such aid  and,  pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure that the total amount of aid payable does not  exceed  the  total
appropriations for such purpose.
  S  84.  Special apportionment for salary expenses.  a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June, 2012 and not later than the last day  of  the  third  full
business  week  of  June, 2012, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this  section,  for  the  school
year  ending June 30, 2012, for salary expenses incurred between April 1
and June 30, 2012 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of 1990-91 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city  with  a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such  amount  for  a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
ing  to  the  latest  federal  census  plus (iv) the net gap elimination
adjustment for 2010-2011, as determined by the commissioner of education
pursuant to paragraph e of subdivision 1 of section 3609-a of the educa-
tion law as in effect through June 30, 2011, and provided  further  that
such  apportionment shall not exceed such salary expenses. Such applica-
tion shall be made by a school district, after the board of education or
trustees have adopted a resolution to do so and in the case  of  a  city
school  district in a city with a population in excess of 125,000 inhab-
itants, with the approval of the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph

S. 2808--B                         22

(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  85. Special apportionment for public pension accruals.  a. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2012, a school district  eligi-
ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2012 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts in the 2004-05 and 2005-06 school years associated with chang-
es  for  such  public pension liabilities. The amount of such additional
accrual shall be certified to the commissioner of education by the pres-
ident of the board of education or the trustees or, in  the  case  of  a
city  school  district  in a city with a population in excess of 125,000
inhabitants, the mayor of such city. Such application shall be made by a
school district, after the board of education or trustees have adopted a
resolution to do so and in the case of a city school district in a  city
with a population in excess of 125,000 inhabitants, with the approval of
the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of

S. 2808--B                         23

section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  86.  a.  Notwithstanding  any  other law, rule or regulation to the
contrary, any moneys appropriated to the state education department  may
be  suballocated  to  other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
  b. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to the state education department from the general
fund/aid to localities,  local  assistance  account-001,  shall  be  for
payment  of  financial  assistance,  as scheduled, net of disallowances,
refunds, reimbursement and credits.
  c. Notwithstanding any other law, rule or regulation to the  contrary,
all  moneys  appropriated  to  the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and  agencies  to
accomplish the intent of the specific appropriations contained therein.
  d.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated  to  the  state  education  department  for  general
support  for  public  schools may be interchanged with any other item of
appropriation for general support for public schools within the  general
fund  local  assistance  account office of prekindergarten through grade
twelve education program.
  S 87. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2011-12  school  year,  as a non-component school
district, services required by article 19 of the education law.
  S 88. The amounts specified in this section shall be a  setaside  from
the  state  funds  which  each such district is receiving from the total
foundation aid:
  a. for the purpose of the development,  maintenance  or  expansion  of
magnet  schools  or magnet school programs for the two thousand eleven--
two thousand twelve school year. To the city school district of the city
of New York there shall be paid forty-eight million one  hundred  seven-
ty-five  thousand  dollars ($48,175,000) including five hundred thousand
dollars ($500,000) for the Andrew Jackson High School;  to  the  Buffalo
city  school  district,  twenty-one million twenty-five thousand dollars
($21,025,000); to the Rochester city school  district,  fifteen  million
dollars  ($15,000,000);  to  the Syracuse city school district, thirteen
million dollars ($13,000,000); to  the  Yonkers  city  school  district,

S. 2808--B                         24

forty-nine  million five hundred thousand dollars, ($49,500,000); to the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); to the Poughkeepsie city school district, two
million  four hundred seventy-five thousand dollars ($2,475,000); to the
Mount Vernon city school district, two million dollars ($2,000,000);  to
the  New  Rochelle  city  school  district, one million four hundred ten
thousand dollars ($1,410,000); to the Schenectady city school  district,
one  million  eight  hundred  thousand dollars ($1,800,000); to the Port
Chester city school district, one million  one  hundred  fifty  thousand
dollars  ($1,150,000);  to  the  White Plains city school district, nine
hundred thousand dollars ($900,000); to the Niagara  Falls  city  school
district,  six  hundred  thousand dollars ($600,000); to the Albany city
school district, three  million  five  hundred  fifty  thousand  dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two
hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000).
  b. notwithstanding the provisions of paragraph a of this  subdivision,
a school district receiving a grant pursuant to this subdivision may use
such  grant  funds  for:  (i) any instructional or instructional support
costs associated with the operation of a  magnet  school;  or  (ii)  any
instructional or instructional support costs associated with implementa-
tion  of an alternative approach to reduction of racial isolation and/or
enhancement of the instructional program and  raising  of  standards  in
elementary  and secondary schools of school districts having substantial
concentrations of minority students. The commissioner of education shall
not be authorized to withhold magnet grant funds from a school  district
that  used such funds in accordance with this paragraph, notwithstanding
any inconsistency with a request for proposals issued  by  such  commis-
sioner.
  c.  for  the  purpose of attendance improvement and dropout prevention
for the two thousand eleven--two thousand twelve school  year,  for  any
city  school  district  in  a  city having a population of more than one
million, the setaside for attendance improvement and dropout  prevention
shall  equal the amount set aside in the base year. For the two thousand
eleven--two thousand twelve school year, it is further provided that any
city school district in a city having a  population  of  more  than  one
million shall allocate at least one-third of any increase from base year
levels  in funds set aside pursuant to the requirements of this subdivi-
sion to community-based organizations. Any increase required pursuant to
this subdivision to community-based organizations must be in addition to
allocations provided to community-based organizations in the base year.
  d. for the purpose of teacher support for the two thousand eleven--two
thousand twelve school year: to the city school district of the city  of
New  York,  sixty-two  million  seven  hundred  seven  thousand  dollars
($62,707,000); to the Buffalo city school district,  one  million  seven
hundred  forty-one  thousand dollars ($1,741,000); to the Rochester city
school district, one million seventy-six thousand dollars  ($1,076,000);
to the Yonkers city school district, one million one hundred forty-seven
thousand dollars ($1,147,000); and to the Syracuse city school district,

S. 2808--B                         25

eight hundred nine thousand dollars ($809,000). All funds made available
to  a  school district pursuant to this subdivision shall be distributed
among teachers including prekindergarten teachers and teachers of  adult
vocational and academic subjects in accordance with this subdivision and
shall  be  in addition to salaries heretofore or hereafter negotiated or
made available; provided, however, that all funds  distributed  pursuant
to  this section for the current year shall be deemed to incorporate all
funds distributed pursuant to former subdivision 27 of section  3602  of
the  education law for prior years. In school districts where the teach-
ers are represented by certified or recognized  employee  organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and  procedures  of article 14 of the civil service law, notwithstanding
the existence of a negotiated agreement between a school district and  a
certified or recognized employee organization.
  S 89. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 90. This act shall take effect immediately; and shall be  deemed  to
have been in full force and effect on and after April 1, 2011, provided,
however, that:
  1.  sections  seventy-two  through seventy-four of this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect on and after June 30, 2011;
  2.  sections  two,  three,  sixty-five and sixty-six of this act shall
take effect immediately and shall be deemed to have been in  full  force
and effect on and after July 1, 2010;
  3.  sections  twenty-six, twenty-seven, thirty-five, thirty-six, thir-
ty-eight, forty-two through forty-four, forty-six,  fifty-eight,  sixty-
four,  eighty-two,  eighty-seven and eighty-eight of this act shall take
effect July 1, 2011;
  4. section sixty-seven of this act shall take effect immediately,  and
shall  be  deemed to have been in full force and effect on and after the
effective date of section 85 of part H of chapter  83  of  the  laws  of
2002;
  5.  section  sixty-eight  of  this act shall be deemed to have been in
full force and effect on and after the effective date of section 101  of
chapter 436 of the laws of 1997;
  6.  section  sixty-nine of this act shall take effect immediately, and
shall be deemed to have been in full force and effect as of  the  effec-
tive date of section 140 of chapter 82 of the laws of 1995;
  7. section seventy of this act shall take effect immediately and shall
be  deemed to have been in full force and effect on and after January 1,
2011;
  8. section eighty-six of this act shall take effect  immediately,  and
shall be deemed to have been in full force and effect on and after April
1, 2010 and shall be deemed repealed on March 31, 2012;

S. 2808--B                         26

  9.  the amendment to section 2856 of the education law made by section
twenty-one  of this act shall not affect the expiration and reversion of
such subdivision and shall be deemed to expire therewith when upon  such
date the provisions of section twenty-two of this act shall take effect;
  10.    notwithstanding  the  provisions  of  article  5 of the general
construction law, the provisions of subdivision 6 of section 4402 of the
education law, as amended by section fifty-eight of this act, are hereby
revived and shall continue in full force and effect as  such  provisions
existed  on  July 1, 2011; provided that the amendments to such subdivi-
sion 6 shall not affect the repeal of such subdivision;
  11. the amendments to chapter 756 of the  laws  of  1992  relating  to
funding  a  program for work force education conducted by the consortium
for worker education in New York city made by  sections  sixty-five  and
sixty-six  of  this  act shall not affect the repeal of such chapter and
shall be deemed repealed therewith;
  12. notwithstanding  the  provisions  of  article  5  of  the  general
construction law, the provisions of section 4 of chapter 425 of the laws
of  2002 amending the education law relating to the provision of supple-
mental educational services, attendance at a safe public school and  the
suspension  of  pupils  who  bring  a firearm at a school, as amended by
section seventy-three of this act are hereby revived and shall  continue
in  full  force  and effect as such provisions existed on June 30, 2011;
and
  13. notwithstanding  the  provisions  of  article  5  of  the  general
construction law, the provisions of section 5 of chapter 101 of the laws
of  2003 amending the education law relating to implementation of the No
Child Left Behind Act of 2001, as amended  by  section  seventy-four  of
this  act are hereby revived and shall continue in full force and effect
as such provisions existed on June 30, 2011.

                                PART A-1

  Intentionally omitted.

                                 PART B

  Section 1. Subdivision 2 of section  701  of  the  education  law,  as
amended  by  section  8 of part L of chapter 405 of the laws of 1999, is
amended to read as follows:
  2. A text-book, for the purposes of this section shall mean:  (i)  any
book,  or  a book substitute, which shall include hard covered or paper-
back books, work books, or manuals and (ii) for expenses incurred  after
July  first,  nineteen  hundred  ninety-nine,  any  courseware  or other
content-based instructional materials in an electronic format,  as  such
terms  are defined in the regulations of the commissioner, which a pupil
is required to use as a text, or  a  text-substitute,  in  a  particular
class  or program in the school he or she legally attends.  FOR EXPENSES
INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A TEXT-BOOK  SHALL
ALSO  MEAN  ITEMS  OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT
PURSUANT TO SECTIONS  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE
AND/OR  SEVEN  HUNDRED  FIFTY-THREE  OF THIS TITLE, WHERE SUCH ITEMS ARE
DESIGNATED BY THE SCHOOL DISTRICT AS ELIGIBLE FOR AID PURSUANT  TO  THIS
SECTION, PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH
EXPENSES  SHALL  NOT  BE  AIDABLE  PURSUANT TO ANY OTHER SECTION OF LAW.
Expenditures aided pursuant to this section shall not  be  eligible  for
aid pursuant to ANY OTHER section [seven hundred eleven or seven hundred

S. 2808--B                         27

fifty-one]  of  [this  chapter] LAW.   Courseware or other content-based
instructional materials in an electronic format included  in  the  defi-
nition  of textbook pursuant to this subdivision shall be subject to the
same  limitations on content as apply to books or book substitutes aided
pursuant to this section.
  S 2. Subdivision 2 of section 711 of the education law,  as  added  by
chapter 53 of the laws of 1985, is amended to read as follows:
  2.  School  library  materials, for the purposes of this article shall
mean both audio/visual materials and printed materials that may  or  may
not  require magnification which meet all of the following criteria: (1)
materials which are catalogued and  processed  as  part  of  the  school
library  or  media  center for use by elementary and/or secondary school
children and teachers; (2) materials which with reasonable care and  use
may  be  expected  to  last  more than one year; and (3) materials which
would not be eligible for aid pursuant to sections seven hundred one and
seven hundred fifty-one of this [chapter] TITLE.  School library materi-
als meeting these criteria may include  (i)  hard  cover  and  paperback
books, periodicals, that is, publications which appear at regular inter-
vals of less than one year on a continuing basis for an indefinite peri-
od, documents other than books, pamphlets, musical scores, other printed
and  published  materials,  and  (ii)  for  school year nineteen hundred
eighty-six--eighty-seven and thereafter, audio/visual materials  includ-
ing  films, film strips, micro-film, sound recordings, processed slides,
transparencies, [kinescopies] KINESCOPES,  video  tapes,  maps,  charts,
globes,  pictorial  works,  including pictures and picture sets, reprod-
uctions, photographs, graphic works, and any other audio/visual  materi-
als  of  a  similar nature made.  FOR EXPENSES INCURRED ON OR AFTER JULY
FIRST, TWO THOUSAND ELEVEN, SCHOOL LIBRARY  MATERIALS  SHALL  ALSO  MEAN
ITEMS  OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED FIFTY-ONE AND/OR SEVEN HUNDRED
FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED BY THE SCHOOL
DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED,  HOWEV-
ER,  THAT  IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL NOT BE
AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
  S 3. Subdivision 2 of section 751 of the education law, as amended  by
section  6  of  part  A of chapter 57 of the laws of 2009, is amended to
read as follows:
  2. A software program, for the purposes of this article shall mean (a)
a computer program which a pupil is required to use as a learning aid in
a particular class in the school the pupil legally attends, or  (b)  for
expenses incurred after July first, two thousand nine, any content-based
instructional  materials  in  an electronic format that are aligned with
state standards which are accessed or  delivered  through  the  internet
based  on  a  subscription  model.  Such electronic format materials may
include a variety of media assets and learning tools,  including  video,
audio,  images,  teacher guides, and student access capabilities as such
terms are defined in the regulations of the commissioner.  FOR  EXPENSES
INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A SOFTWARE PROGRAM
SHALL ALSO MEAN ITEMS OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTION-
MENT PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN AND/OR
SEVEN HUNDRED FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED
BY  THE  SCHOOL  DISTRICT  AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION,
PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES
SHALL NOT BE AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.

S. 2808--B                         28

  S 4. Subdivision 1 of section 753 of the education law,  as  added  by
section  7-a  of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  1. In addition to any other apportionment under this chapter, a school
district  shall be eligible for an apportionment under the provisions of
this section for approved expenses for (i)  the  purchase  or  lease  of
micro  and/or  mini  computer  equipment  or terminals for instructional
purposes or (ii) technology equipment, as  defined  in  paragraph  c  of
subdivision  two  of  this  section, used for instructional purposes, or
(iii) for the repair of such equipment and training and  staff  develop-
ment  for  instructional  purposes  as provided hereinafter, OR (IV) FOR
EXPENSES INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, ANY ITEMS
OF EXPENDITURE THAT  ARE  ELIGIBLE  FOR  AN  APPORTIONMENT  PURSUANT  TO
SECTIONS  SEVEN  HUNDRED  ONE, SEVEN HUNDRED ELEVEN AND/OR SEVEN HUNDRED
FIFTY-ONE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED BY  THE  SCHOOL
DISTRICT  AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED, HOWEV-
ER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL  NOT  BE
AIDABLE  PURSUANT  TO  ANY  OTHER  SECTION  OF  LAW.   Such aid shall be
provided pursuant to a plan developed by the district which demonstrates
to the satisfaction of the commissioner that the instructional  computer
hardware  needs  of  the  district's  public  school  students have been
adequately met and that the school district has provided for the loan of
instructional computer hardware to students legally attending  nonpublic
schools  pursuant  to  section seven hundred fifty-four of this article.
The apportionment shall equal the lesser of such approved expense in the
base year or, the product of (i) the technology factor, (ii) the sum  of
the  public  school district enrollment and the nonpublic school enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six  hundred  two  of  this
chapter,  and  (iii)  the  building aid ratio, as defined in subdivision
four of section thirty-six hundred two of this chapter. For aid  payable
in  the two thousand seven--two thousand eight school year and thereaft-
er, the technology factor shall be twenty-four dollars and twenty cents.
A school district may use up to twenty percent of the product of (i) the
technology factor, (ii) the sum of the public school district enrollment
and the nonpublic school enrollment in  the  base  year  as  defined  in
subparagraphs two and three of paragraph n of subdivision one of section
thirty-six hundred two of this chapter, and (iii) the building aid ratio
for  the repair of instructional computer hardware and technology equip-
ment and training  and  staff  development  for  instructional  purposes
pursuant to a plan submitted to the commissioner.
  S 5. Intentionally Omitted.
  S  6.  The general municipal law is amended by adding a new section 25
to read as follows:
  S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED  IN  THIS  SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL  CORPO-
RATION IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:

S. 2808--B                         29

  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL  CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE  PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL  COST  TO  THE  MUNICIPAL
CORPORATION; OR
  (III)  ANY  GENERAL  LAW  WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL  CORPO-
RATION  IS  REQUIRED  TO  PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
  (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED  OR  ANTIC-
IPATED  TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER  SUBTRACTING  THEREFROM  ANY
REVENUES  RECEIVED  OR  RECEIVABLE BY THE LOCAL GOVERNMENT ON ACCOUNT OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  EXEMPTIONS  TO  THE  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED  TO  FUND  ANY  NEW  OR
EXPANDED PROGRAMS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II)  THE  MANDATE  IS  PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE  RATHER  THAN
MANDATORY;
  (III)  THE  MANDATE  RESULTS  FROM  THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT  THE  PROGRAM
OR  SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED  ON  MUNICIPAL  CORPORATIONS  SHALL  BE
CONSISTENT  WITH  THE  NEEDS  OF THE STATE AND MUNICIPAL CORPORATIONS TO
PLAN IMPLEMENTATION THEREOF AND  CONSISTENT  WITH  THE  AVAILABILITY  OF
REQUIRED FUNDS.
  S  7.  The  education law is amended by adding a new section 1527-a to
read as follows:
  S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.    DEFI-
NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF  SERVICE  FOR AN EXISTING PROGRAM WHICH A

S. 2808--B                         30

SCHOOL DISTRICT ORGANIZED EITHER BY SPECIAL  LAWS  OR  PURSUANT  TO  THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN  EXISTING  PROGRAM  WHICH  ANY
SUCH  SCHOOL  DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO ANY  SUCH  SCHOOL  DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO  PROVIDE,  THEREBY  RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A  NET  ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL  DISTRICT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II) THE MANDATE IS PROVIDED AT THE  OPTION  OF  THE  SCHOOL  DISTRICT
UNDER  A  LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
  (III) THE MANDATE RESULTS FROM THE PASSAGE  OF  A  HOME  RULE  MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE  SPECIFIED  IN  THE  STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE  AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN  IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
  S  8.  Short  title.   Sections eight through twenty-three of this act
shall be known and may be cited as "the school paperwork elimination and
reduction act of 2011".
  S 9. Intentionally  omitted.

S. 2808--B                         31

  S 10. Section 101-b of the education law, as added by chapter  378  of
the laws of 2010, is amended to read as follows:
  S  101-b.  Paperwork  reduction.  1. [The] IT SHALL BE THE DUTY OF THE
commissioner [shall be authorized to receive and accept reports,  plans,
applications  and all other information required to be reported by stat-
ute or regulation  through  electronic  means.  The  commissioner  shall
accept  hard  copy  non-electronic  filings or submissions if the school
district  is  able  to  demonstrate  that  complying   with   electronic
submission  requirements  would  create  undue  hardship  for the school
district or some other good cause  exists  that  would  make  electronic
submission extremely impractical for the school district.] TO REDUCE THE
PAPER  WORK  BURDEN ON SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCA-
TIONAL  SERVICES  BY  ELIMINATING  AND  AVOIDING  DUPLICATIVE  REPORTING
REQUIREMENTS  WHEREVER POSSIBLE, AND BY CONSOLIDATING PLANS, REPORTS AND
APPLICATIONS, WHERE POSSIBLE, WHILE FOCUSING PLANNING AND  REPORTING  ON
RESULTS  RATHER  THAN  THE  PROCESSES  TO ACHIEVE THEM. THE COMMISSIONER
SHALL CONFORM STATE  REPORTING  AND  PLANNING  REQUIREMENTS  TO  FEDERAL
REQUIREMENTS, WHERE POSSIBLE, AND SHALL SEEK FEDERAL WAIVERS WHERE NEED-
ED TO ALIGN STATE AND FEDERAL REQUIREMENTS.
  2.  [It  shall  be the duty of the commissioner to review all existing
reports and plans that school districts and boards of cooperative educa-
tional services are required to submit and by November first, two  thou-
sand  ten,  the  commissioner  shall submit to the board of regents, the
governor, the speaker of the assembly, the temporary  president  of  the
senate,  the  director  of  the  budget and the chairs of the respective
fiscal and education committees of  the  senate  and  assembly  specific
recommendations   to  eliminate  unnecessary  or  duplicative  reporting
requirements;  and  where  possible,  recommendations   to   consolidate
reports,  plans  and  other  information required to be submitted to the
commissioner including which recommendations could be implemented admin-
istratively  and  which  would  require  statutory  authorization.]  THE
COMMISSIONER  SHALL REDUCE THE NUMBER OF PLANS, REPORTS AND APPLICATIONS
REQUIRED BY LAW, OF SCHOOL DISTRICTS AND BOARDS  OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES BY ESTABLISHING STREAMLINED AND UNIFIED ELECTRONIC DATA
COLLECTION SYSTEMS WHICH ELIMINATE REDUNDANT REPORTING, CONNECT PLANNING
AND REPORTING, AND WHICH FOCUS ON COLLECTING DATA AND REQUIRING PLANNING
ONLY WHEN NECESSARY TO ASSURE FISCAL AND PROGRAMMATIC ACCOUNTABILITY, TO
FOSTER CONTINUOUS SCHOOL IMPROVEMENT AND CLOSE THE  GAP  BETWEEN  ACTUAL
AND  DESIRED  STUDENT  ACHIEVEMENT, AND TO ASSURE SCHOOLS PROVIDE A SAFE
AND SECURE ENVIRONMENT AND/OR PROTECT THE HEALTH AND SAFETY OF  STUDENTS
AND STAFF. SUCH SYSTEMS SHALL MATCH OVERSIGHT WITH THE DEGREE OF RISK BY
LINKING  PLANNING  AND  REPORTING  TO THE STATE SYSTEM OF ACCOUNTABILITY
REQUIRED UNDER FEDERAL LAW, PROVIDING FOR AN AUDIT BASED  ASSESSMENT  OF
RISK  OF  POOR  STUDENT PERFORMANCE, POOR FISCAL PERFORMANCE OR IMPROPER
MANAGEMENT OR USE OF PUBLIC  FUNDS.  THE  COMMISSIONER  SHALL  ESTABLISH
PARTNERSHIPS  WITH  SELECTED  SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES TO PROMOTE BETTER  USE  OF  REQUIRED  PLANNING  AND
REPORTING  AND  SHALL  ASSURE  THAT  REPORTING REQUIREMENTS INCLUDE DATA
WHICH CAN BE USED TO IDENTIFY BEST  PRACTICES.  THE  COMMISSIONER  SHALL
PROVIDE  FOR  THE  SHARING  OF  EFFECTIVE PLANNING PRACTICES WITH SCHOOL
DISTRICTS AND,  TO  THE  EXTENT  PRACTICABLE,  SHALL  PROVIDE  TECHNICAL
ASSISTANCE  ON  THE  USE OF DATA FOR PLANNING, INVOLVE BOARDS OF COOPER-
ATIVE EDUCATIONAL SERVICES  AND  INSTITUTIONS  OF  HIGHER  EDUCATION  IN
PROVIDING  TRAINING  ON THE USE OF DATA FOR STRATEGIC PLANNING TO SUPER-
INTENDENTS OF SCHOOLS, SCHOOL BUSINESS OFFICIALS AND  TEACHERS,  PROVIDE

S. 2808--B                         32

FOR  TRAINING ON THE USE OF DATA IN PLANNING TO SCHOOL BOARD MEMBERS AND
INVOLVE RESEARCHERS IN DATA ANALYSIS AND EVALUATION.
  S 11. Section 215-b of the education law, as amended by chapter 301 of
the laws of 1996, is amended to read as follows:
  S 215-b. Annual  report  by  commissioner to governor and legislature.
The commissioner shall prepare and submit to the governor, the president
pro tem of the senate and the speaker of the  assembly  not  later  than
January first, nineteen hundred ninety-six and by the first day of Janu-
ary  in  each  year  thereafter,  a  report  detailing the financial and
statistical outcomes of boards of cooperative educational services which
shall[, at minimum,] set forth with  respect  to  the  preceding  school
year[:  tuition  costs  for  selected  programs; standard per pupil cost
information for selected services as determined by the commissioner; and
aggregate expenditure data for the following categories: administration,
instructional services, career education, special  education,  rent  and
facilities  and  other  services;  and  such other information as deemed
appropriate] INFORMATION  NECESSARY  TO  ASSURE  THE  ACCOUNTABILITY  OF
BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES FOR ITS FISCAL AND PROGRAM-
MATIC RESOURCES, AS SET FORTH IN REGULATIONS TO  BE  PRESCRIBED  by  the
commissioner. The format for such report shall be developed in consulta-
tion with school district officials and the director of the budget. Such
report  will  include changes from the year prior to the report year for
each such item for all boards of cooperative educational services.  Such
report shall be distributed to all school districts and boards of  coop-
erative  educational  services  and shall be made available to all other
interested parties upon request.
  S 12. Subdivision 2 of section 806 of the education law, as amended by
chapter 946 of the laws of 1973, is amended to read as follows:
  2. The regents shall determine the subjects to  be  included  in  such
courses  of instruction in highway safety and traffic regulation includ-
ing bicycle safety, and the period of instruction in each of the  grades
in such subjects.  [They shall adopt rules providing for attendance upon
such instruction and for such other matters as are required for carrying
into  effect  the  teaching  of the courses of instruction prescribed by
this section.  The commissioner of education shall  be  responsible  for
the  enforcement  of  such  section  and shall cause to be inspected and
supervise the instruction to be given in such subjects. The commissioner
may, in his discretion, cause all or a  portion  of  the  public  school
money to be apportioned to a district or city to be withheld for failure
of  the  school authorities of such district or city to provide instruc-
tion in such courses and to compel attendance upon such instruction,  as
herein prescribed, and for a noncompliance with the rules of the regents
adopted as herein provided.]
  S  13.  Subparagraph 1 of paragraph b of subdivision 4 of section 1950
of the education law, as amended by chapter 474 of the laws of 1996,  is
amended to read as follows:
  (1)  Prepare,  prior to the annual meeting of members of the boards of
education and school trustees, held as provided in paragraph o  of  this
subdivision, a tentative budget of expenditures for the program costs, a
tentative  budget  for  capital  costs,  and  a tentative budget for the
administration costs of the board of cooperative  educational  services.
Such  budgets  shall include the proposed budget for the upcoming school
year, the previous school year's actual costs  and  the  current  school
year's  projected  costs  for  each object of expenditure. Such program,
capital and administrative budgets shall  be  separately  delineated  in
accordance  with  the  definition of program, capital and administrative

S. 2808--B                         33

costs which shall be promulgated by the commissioner after  consultation
with  school district officials and the director of the budget. Personal
service costs for each budget shall  include  the  number  of  full-time
equivalent  positions funded and total salary and, except as noted here-
in, fringe benefit costs for such positions  by  program.  Each  program
budget  shall  also  include  the local and statewide unit costs of such
programs and services proposed for the upcoming school year, such actual
unit costs for the previous school year, and the current  school  year's
projected  unit costs, all established in accordance with paragraph d of
this subdivision. The capital budget shall include facility construction
and lease expenditures authorized pursuant to paragraphs p, t and  u  of
this  subdivision, payments for the repayment of indebtedness related to
capital projects, payments for the acquisition or construction of facil-
ities, sites or additions, provided that such  budget  shall  contain  a
rental,  operations  and maintenance section that will include base rent
costs, total rent costs, operations and maintenance  charges,  cost  per
square  foot for each facility rented or leased by such board of cooper-
ative educational services, and any and all expenditures associated with
custodial salaries and benefits, service contracts, supplies, utilities,
maintenance and repairs for such facilities, and that such budget  shall
include  the  annual  debt  service  and  total  debt for all facilities
financed by bonds or notes of the component districts, annual rental and
lease payments and total rental and lease costs for all facilities rent-
ed by such board; such capital budget shall  also  include  expenditures
resulting  from court judgments and orders from administrative bodies or
officers, and, to the extent a board's administrative  budget  has  been
adopted,  one-time costs incurred in the first year in which an employee
retires. The administrative budget shall include, but need not be limit-
ed to, office and central administrative  expenses,  traveling  expenses
and  salaries  and  benefits of supervisors and administrative personnel
necessary to carry out the central administrative duties of the supervi-
sory district, any and all expenditures associated with the  board,  the
office  of  district  superintendent,  general  administration,  central
support services, planning, and  all  other  administrative  activities.
Such administrative budget shall also specify the amount of supplementa-
ry  salary  and  benefits,  if any, which the board determines should be
paid to the district superintendent  of  schools  and  the  board  shall
append  to such budget a detailed statement of the total compensation to
be paid the district superintendent of schools by the board, including a
delineation of the salary, annualized cost of benefits and  any  in-kind
or  other  form  of  remuneration  to be paid, plus, commencing with the
presentation of the budget for the nineteen hundred  ninety-seven--nine-
ty-eight  school  year,  [a  list  of  items  of  expense  eligible  for
reimbursement on expense accounts in the  ensuing  school  year  and]  a
statement  of the amount of expenses paid to the district superintendent
of schools in the prior year for purposes of carrying  out  his  or  her
official duties.
  S  14.  Subparagraph 5 of paragraph b of subdivision 4 of section 1950
of the education law, as amended by chapter 378 of the laws of 2010,  is
amended to read as follows:
  (5)  The  trustees  or  board  of  education  of each component school
district of the board of cooperative educational services shall adopt  a
public  resolution  which  shall  approve  or  disapprove such tentative
administrative budget at a regular or special meeting to be held  within
the  component  district  on the date designated pursuant to subdivision
two-a of this section as the date for election of members of  the  board

S. 2808--B                         34

of  cooperative  educational  services,  or  in the case of the board of
education of a central high school district on the regular business  day
next following such designated date.
  If the resolutions adopted by the trustees or boards of education of a
majority  of  the component school districts of the board of cooperative
educational services actually voting approve the  tentative  administra-
tive budget, the board of cooperative educational services may adopt the
tentative  administrative  budget without modification. If a majority of
the component school districts actually voting fail to adopt resolutions
approving such tentative administrative budget,  or  if  the  number  of
component  school  districts  approving  the budget equals the number of
school districts disapproving  the  budget,  the  board  of  cooperative
educational  services  shall prepare and adopt a contingency administra-
tive budget which shall not exceed  the  amount  of  the  administrative
budget of the board of cooperative educational services for the previous
school  year except to accommodate expenditure increases attributable to
supplemental retirement allowances  payable  pursuant  to  section  five
hundred  thirty-two  of  this  chapter  and section seventy-eight of the
retirement and social security law.   THE BOARD  OF  COOPERATIVE  EDUCA-
TIONAL SERVICES SHALL NOT BE REQUIRED TO SUBMIT ITS SEPARATE ADMINISTRA-
TIVE BUDGET TO THE COMMISSIONER FOR APPROVAL.
  S 15. Subparagraph 2-a of paragraph d of subdivision 4 of section 1950
of the education law is REPEALED.
  S 16. Subparagraphs 3 and 4 of paragraph d of subdivision 4 of section
1950  of  the  education  law,  as amended by chapter 474 of the laws of
1996, are amended to read as follows:
  (3) Requests for shared services;  operating  plan;  required  notice.
Requests  for  such  shared  services shall be filed by component school
districts with the board of cooperative educational services  not  later
than the first day of February of each year, provided that such requests
shall  not  be  binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual  oper-
ating  plan  for  the ensuing school year to the department for approval
not later than the fifteenth day of February of each  year.  Such  board
shall,  through  its  executive  officer,  notify  each component school
district on or before the tenth day of  March  concerning  the  services
[which] THAT have been approved by the commissioner to be made available
for  the  ensuing  school  year.  Such  notice shall set forth the local
uniform cost of each such service,  based  on  (i)  anticipated  partic-
ipation in the ensuing school year, or (ii) participation in the current
year,  or  (iii)  a two or three year average including participation in
the current year, which unit cost shall be the same for all  participat-
ing  component  districts  and shall be based upon a uniform methodology
approved annually by at least three-quarters of the participating compo-
nent school districts after consultation by local school officials  with
their  respective  boards[;  provided,  however, such unit cost shall be
subject to final adjustment for programs for students with  disabilities
based  on  actual  participation  in  accordance with regulations of the
commissioner.  Notwithstanding the determination of  the  local  uniform
unit  cost  methodology selected in accordance with this paragraph, each
board of cooperative education services shall  annually  report  to  the
commissioner the budgeted unit cost and, when available, the actual unit
cost  of  such  programs and services, in accordance with both the local
uniform unit cost methodology and a statewide uniform unit cost  method-
ology  prescribed  by the commissioner by regulation, where the budgeted
statewide unit cost shall be based on the anticipated  participation  in

S. 2808--B                         35

the  ensuing  year  and the actual statewide unit cost shall be based on
actual participation through the end of each year].
  (4) Contracts for shared services; allocation of costs. Each component
school  district  shall on or before the first day of May following such
notification notify the board of cooperative educational services of its
intention to participate or not to participate in such  shared  services
and  the  specific  services which such district elects to utilize. Each
participating component school district shall be  required  to  pay  the
board  of  cooperative educational services for the cost of the services
set forth in such notification, except for adjustments caused by  subse-
quent  unanticipated  changes in the district's enrollment. The board of
cooperative educational services shall enter  into  contracts  with  its
component  school  districts for such requested services. A copy of each
executed contract for such purpose shall be [filed with the commissioner
by] ON FILE WITH the  board  of  cooperative  educational  services  AND
AVAILABLE  FOR  PUBLIC  INSPECTION UPON REQUEST on or prior to the first
day of August of each year. Notwithstanding the provisions of  paragraph
b  of  this  subdivision,  any  component school district which does not
elect to participate in any such specific cooperative  services  author-
ized  under this paragraph shall not be required to pay any share of the
moneys provided in the budget as salaries of teachers or other personnel
employed in providing such service, for equipment and supplies for  such
service or for transportation of pupils to and from the place where such
service  is  maintained.  Provided, further, that a board of cooperative
educational services may allocate the cost of such services to component
school districts in accordance with terms agreed upon between such board
and three-quarters of the boards of  education  and  trustees  of  local
school districts participating in the service.
  S  17.  Paragraph aa of subdivision 4 of section 1950 of the education
law, as added by chapter 595 of the laws of 1978, is amended to read  as
follows:
  aa. Notwithstanding any other provision of law, a board of cooperative
educational  services  may[,  with  the  prior  written  approval of the
commissioner,] contract to accept from a leasing company which has qual-
ified as lowest bidder pursuant to the provisions of the general munici-
pal law a sum sufficient to purchase data processing equipment from  the
manufacturer  thereof,  pay  such sum to the manufacturer of said equip-
ment, receive the equipment and title thereto and convey the same to the
leasing company with a simultaneous lease of  the  equipment  from  such
leasing  company  to the board of cooperative educational services for a
specified period of years. Before any such agreement shall be  executed,
the  board  of cooperative educational services shall adopt a resolution
determining that such agreement is in the best financial interest of the
board. Such lease may be renewed for a further specified period of years
[with the prior approval of the commissioner of education].
  S 18. Subdivision 2 of section 2201 of the education law,  as  amended
by chapter 295 of the laws of 1993, is amended to read as follows:
  2.  Whenever  a  vacancy  hereafter  occurs  in the office of district
superintendent of schools in any supervisory district  or  whenever  the
commissioner  receives  a  letter  of resignation from a district super-
intendent, the commissioner [shall] MAY survey the field in  the  county
where the vacancy occurred, and if it shall find that the continuance of
the number of supervisory districts then existing is no longer necessary
to  serve  adequately  the educational interests of the county he or she
shall be authorized to conduct a study to examine the possible  reorgan-

S. 2808--B                         36

ization of such supervisory district if no such study has been conducted
within five years.
  S  19.  Subdivision 5 of section 2802 of the education law, as amended
by chapter 378 of the laws of 2010, is amended to read as follows:
  5. By April first of each year, the commissioner shall report  to  the
governor,  the  legislature and the regents concerning the prevalence of
violence and disruptive incidents in the public schools, and the  effec-
tiveness of school programs undertaken to reduce violence and assure the
safety  and  security of students and school personnel. The report shall
summarize the information available from the incident reporting  system,
and compare the incidence of violent and disruptive incidents of schools
and  school districts and boards with other schools and school districts
and boards based on similarity in size and grade levels and other  char-
acteristics,  including student need and resources, as determined by the
commissioner. [The report shall also, to the extent possible, relate the
results available from the incident reporting system, together with such
other analysis and information as the commissioner determines is  appro-
priate,  to  the effectiveness of school violence measures undertaken by
participating schools and school districts, including the  school  codes
and  school  safety  plans required by sections twenty-eight hundred one
and twenty-eight hundred one-a of this article.]
  S 20. Paragraph d of subdivision 26-a of section 3602 of the education
law is REPEALED.
  S 21. Subdivision 13  of  section  3602-e  of  the  education  law  is
REPEALED.
  S  22. Clause (e) of subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S 23. Paragraph b of subdivision 1 of section 4452  of  the  education
law is REPEALED.
  S  24.  Subparagraph 2 of paragraph d of subdivision 4 of section 1950
of the education law, as added by chapter 474 of the laws  of  1996,  is
amended to read as follows:
  (2) Certain services prohibited. Commencing with the [nineteen hundred
ninety-seven--ninety-eight]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND TWELVE
school year, the commissioner shall [not] be authorized to approve as an
aidable shared service pursuant  to  this  subdivision  any  cooperative
maintenance  services  or  municipal services, including but not limited
to, lawn mowing services and heating, ventilation  or  air  conditioning
repair  or  maintenance  or  trash  collection,  or  any other municipal
services as defined by the commissioner,  PROVIDED  THAT  THE  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES DEMONSTRATES TO THE SATISFACTION OF THE
COMMISSIONER  THAT THE PROVISION OF SUCH SERVICE BY THE BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES WILL RESULT IN A COST SAVINGS TO  PARTICIPAT-
ING  SCHOOL  DISTRICTS.   [On and after the effective date of this para-
graph, the commissioner shall not approve, as an aidable shared service,
any new cooperative maintenance or municipal services for  the  nineteen
hundred  ninety-six--ninety-seven school year, provided that the commis-
sioner may approve the continuation of such services  for  one  year  if
provided in the nineteen hundred ninety-five--ninety-six school year.]
  S  25.  The education law is amended by adding a new section 1527-b to
read as follows:
  S 1527-B. SHARED SUPERINTENDENT  PROGRAM.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OR  LAW,  RULE  OR  REGULATION TO THE CONTRARY, THE GOVERNING
BOARD OF A SCHOOL DISTRICT WITH AN ENROLLMENT OF LESS THAN ONE  THOUSAND
STUDENTS IN THE PREVIOUS YEAR SHALL BE AUTHORIZED TO ENTER INTO A SCHOOL
SUPERINTENDENT  SHARING CONTRACT WITH NO MORE THAN TWO ADDITIONAL SCHOOL

S. 2808--B                         37

DISTRICTS EACH OF WHICH HAVE FEWER THAN ONE THOUSAND IN ENROLLED  PUPILS
IN  THE  PREVIOUS  YEAR. EACH SHARED SUPERINTENDENT ARRANGEMENT SHALL BE
GOVERNED BY THE BOARDS OF EDUCATION OF THE SCHOOL DISTRICTS  PARTICIPAT-
ING  IN  THE SHARED CONTRACT.  PROVIDED HOWEVER, THAT THIS SECTION SHALL
NOT BE CONSTRUED TO ALTER, EFFECT  OR  IMPAIR  ANY  EMPLOYMENT  CONTRACT
WHICH  IS  IN  EFFECT  ON OR BEFORE JULY FIRST, TWO THOUSAND EIGHT.  ANY
SCHOOL DISTRICT WHICH HAS ENTERED INTO A SCHOOL  SUPERINTENDENT  SHARING
PROGRAM  WILL CONTINUE TO BE ELIGIBLE TO COMPLETE SUCH CONTRACT NOTWITH-
STANDING THAT THE ENROLLMENT OF THE SCHOOL DISTRICT EXCEEDED  ONE  THOU-
SAND STUDENTS AFTER ENTERING INTO A SHARED SUPERINTENDENT CONTRACT.
  S  26.  Section  3602  of the education law is amended by adding a new
subdivision 6-d to read as follows:
  6-D. BUILDING AID FOR JOINT MUNICIPAL FACILITIES. A. AS USED  IN  THIS
SUBDIVISION,  "MUNICIPAL  CORPORATION"  SHALL  MEAN  A COUNTY, A CITY, A
TOWN, OR A VILLAGE.
  B. ONE OR MORE SCHOOL DISTRICTS  ELIGIBLE  FOR  TOTAL  FOUNDATION  AID
PURSUANT  TO  THIS SECTION THAT ENTER INTO AN AGREEMENT WITH ONE OR MORE
MUNICIPAL CORPORATIONS AND/OR PUBLIC BENEFIT CORPORATIONS, IN ACCORDANCE
WITH SECTION ONE HUNDRED NINETEEN-O OF THE  GENERAL  MUNICIPAL  LAW  AND
THIS  SUBDIVISION, MAY RECEIVE BUILDING AID PURSUANT TO THIS SUBDIVISION
FOR  THE  SCHOOL  DISTRICT  SHARE  OF  APPROVED  EXPENDITURES  FOR   THE
CONSTRUCTION  OR RECONSTRUCTION OF ONE OR MORE SINGLE SITE JOINT MUNICI-
PAL FACILITIES. EXPENSES OF THE JOINT MUNICIPAL FACILITY CONSTRUCTION OR
RECONSTRUCTION PROJECT ATTRIBUTABLE TO THE  PARTICIPATION  OF  MUNICIPAL
CORPORATIONS  AND  PUBLIC BENEFIT CORPORATIONS SHALL NOT BE ELIGIBLE FOR
BUILDING AID PURSUANT TO THIS SUBDIVISION. TO BE ELIGIBLE FOR SUCH  AID,
THE  GENERAL  CONTRACTS  FOR  THE  PROJECT SHALL HAVE BEEN AWARDED ON OR
AFTER JULY FIRST, TWO THOUSAND EIGHT, AND THE PROJECT AND  JOINT  AGREE-
MENT  SHALL  HAVE  BEEN  APPROVED BY THE COMMISSIONER. FOR PARTICIPATING
SCHOOL DISTRICTS  IN  WHICH  THE  SCHOOL  BUDGET  IS  SUBJECT  TO  VOTER
APPROVAL, THE JOINT AGREEMENT SHALL BE SUBJECT TO VOTER APPROVAL.
  C.  TO  BE ELIGIBLE FOR BUILDING AID FOR THE JOINT FACILITY, THE JOINT
AGREEMENT SHALL DESIGNATE THE BOARD OF EDUCATION OF THE SCHOOL  DISTRICT
ON WHOSE LAND, OWNED OR LEASED, SUCH SINGLE SITE JOINT MUNICIPAL FACILI-
TY WILL BE LOCATED AS THE LEAD SCHOOL DISTRICT; PROVIDED THAT WHERE SUCH
FACILITY  WILL  OCCUPY  ADJOINING  SITES  IN MORE THAN ONE PARTICIPATING
SCHOOL DISTRICT, ANY SCHOOL DISTRICT IN WHICH A PART IS SITUATED MAY  BE
DESIGNATED  AS  THE LEAD SCHOOL DISTRICT.  NOTWITHSTANDING ANY PROVISION
OF LAW, THE LEAD SCHOOL DISTRICT SHALL BE AUTHORIZED TO CONTRACT INDEBT-
EDNESS FOR THE PURPOSE OF  THE  JOINT  PROJECT  PURSUANT  TO  THE  LOCAL
FINANCE  LAW  AS  IF THE ENTIRE PROJECT WAS CONDUCTED SOLELY BY THE LEAD
SCHOOL DISTRICT. THE  JOINT  AGREEMENT  SHALL  DESIGNATE  THE  PARTY  OR
PARTIES  THAT  WILL  OPERATE, MAINTAIN AND/OR MANAGE THE JOINT FACILITY.
THE LEAD SCHOOL DISTRICT SHALL SERVE AS FISCAL AGENT FOR ALL PARTICIPAT-
ING SCHOOL DISTRICTS FOR THE PURPOSE OF CLAIMING AND RECEIVING  BUILDING
AID  PURSUANT  TO  SUBDIVISION  SIX OF THIS SECTION. THE JOINT AGREEMENT
SHALL INCLUDE A LEASE AGREEMENT BETWEEN THE LEAD SCHOOL DISTRICT AND ALL
OTHER PARTICIPATING PARTIES WHEREBY  ALL  PARTIES  AGREE  TO  LEASE  THE
FACILITY  FOR  A TERM NOT LESS THAN THE PERIOD WITHIN WHICH ALL BONDS OR
NOTES ISSUED TO FINANCE THE PROJECT WILL MATURE.   PARTICIPATING  SCHOOL
DISTRICTS  SHALL  NOT  BE  ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO ANY
PROVISION OF THIS CHAPTER FOR ANY LEASE EXPENSE INCURRED FOR  THE  JOINT
FACILITY  AND SUCH EXPENSE SHALL NOT BE INCLUDED IN THE APPROVED OPERAT-
ING EXPENSE OF ANY SUCH SCHOOL DISTRICT, PROVIDED HOWEVER, THAT  NOTHING
SHALL  PROHIBIT  THE  INCLUSION  OF A SCHOOL DISTRICT'S SHARE OF THE NET
ADMINISTRATIVE, OPERATION AND MAINTENANCE COSTS OF THE JOINT PROJECT  IN

S. 2808--B                         38

THE SCHOOL DISTRICT'S APPROVED OPERATING EXPENSE OR TRANSPORTATION OPER-
ATING  EXPENSE,  AS  APPLICABLE. THE JOINT AGREEMENT SHALL PROVIDE FOR A
CREDIT OF THE STATE AID RECEIVED BY THE LEAD  SCHOOL  DISTRICT  FOR  THE
JOINT  PROJECT  AGAINST THE EXPENSES OF SUCH PROJECT AND SHALL PROVIDE A
METHOD OF ALLOCATING THE NET COST OF THE JOINT FACILITY TO  THE  PARTIC-
IPATING  SCHOOL  DISTRICTS  AND PARTICIPATING MUNICIPAL CORPORATIONS AND
PUBLIC BENEFIT CORPORATIONS, DISTRIBUTING (I) THE GROSS  COST  BASED  ON
EACH  SCHOOL  DISTRICT'S  SHARE OF THE USE OF THE FACILITY, AND (II) THE
STATE AID BASED ON EACH SCHOOL DISTRICT'S AID RATIO (AS APPLICABLE)  AND
EACH  SCHOOL  DISTRICT'S USE-SHARE OF THE AIDABLE EXPENSE. PARTICIPATING
MUNICIPAL CORPORATIONS OR  PUBLIC  BENEFIT  CORPORATIONS  SHALL  NOT  BE
ELIGIBLE FOR SUCH CREDIT OF STATE AID.
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PUBLIC BENEFIT CORPO-
RATION,  IN  ADDITION  TO  ANY  OTHER AUTHORIZATION CONFERRED BY LAW FOR
PERFORMANCE OF ITS POWERS AND DUTIES ON A COOPERATIVE, JOINT OR CONTRACT
BASIS SHALL BE AUTHORIZED TO ENTER INTO AN AGREEMENT PURSUANT TO SECTION
ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW AND THIS SUBDIVISION
FOR THE PROVISION OF A JOINT MUNICIPAL FACILITY WITH ONE OR MORE  SCHOOL
DISTRICTS AND ONE OR MORE MUNICIPAL CORPORATIONS.
  E.  UPON  APPROVAL  OF  THE  JOINT AGREEMENT, THE LEAD SCHOOL DISTRICT
SHALL BE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO  SUBDIVISION  SIX  OF
THIS  SECTION  AS IF THE JOINT PROJECT WAS CONDUCTED SOLELY BY SUCH LEAD
SCHOOL DISTRICT; PROVIDED, HOWEVER, THAT SUCH AID SHALL EQUAL THE SUM OF
THE PRODUCTS OF EACH PARTICIPATING SCHOOL DISTRICT'S BUILDING AID  RATIO
SELECTED  PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR
AID PAYABLE IN THE CURRENT YEAR MULTIPLIED BY SUCH DISTRICT'S  SHARE  OF
THE USE OF THE FACILITY.
  F.  WHERE  THE LEAD SCHOOL DISTRICT REORGANIZES WITH SOME OR ALL OTHER
DISTRICTS PARTICIPATING IN THE JOINT AGREEMENT SUBSEQUENT TO APPROVAL OF
THE JOINT AGREEMENT, SUCH REORGANIZED SCHOOL DISTRICT SHALL BE  ELIGIBLE
FOR  REORGANIZATION  INCENTIVE BUILDING AID PURSUANT TO SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION FOURTEEN OF THIS SECTION, FOR EXPENDITURES
FOR ANY DEBT SERVICE  FOR INDEBTEDNESS OUTSTANDING AFTER  THE  EFFECTIVE
DATE  OF  SUCH  REORGANIZATION  THAT  WERE INCURRED FOR THE FINANCING OF
CONSTRUCTION OF THE JOINT MUNICIPAL FACILITY SO LONG  AS  SUCH  FACILITY
CONTINUES  TO  BE  USED  BY  SUCH  REORGANIZED DISTRICT, AS IF THE JOINT
MUNICIPAL FACILITY  HAD  BEEN  CONSTRUCTED  BY  THE  REORGANIZED  SCHOOL
DISTRICT SUBSEQUENT TO REORGANIZATION.
  G. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A
OF  THIS PART, AID FOR JOINT PROJECTS SHALL BE PAID IN ACCORDANCE WITH A
SCHEDULE ESTABLISHED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF
THE BUDGET.
  S 27.  Intentionally omitted.
  S 28.  Intentionally omitted.
  S 29.  Intentionally omitted.
  S 30. Clause (vi) of subparagraph 1 of paragraph c of  subdivision  14
of section 3602 of the education law, as amended by section 34 of part B
of chapter 57 of the laws of 2008, is amended to read as follows:
  (vi)  where  such proposed reorganization includes at least two school
districts employing eight or more teachers forming a central high school
district pursuant to section nineteen hundred thirteen of this  chapter,
beginning  with  July  first,  nineteen  hundred sixty-five or the first
school year of operation as a reorganized district after such date, such
reorganized school district shall be entitled to  an  additional  appor-
tionment  of twenty-five per centum of the sum of: (A) its apportionment
as provided in subdivision six of this section whenever such  apportion-

S. 2808--B                         39

ment is computed on the basis of its approved base year expenditures for
capital  outlay  from  its  general, capital, or a reserve fund incurred
prior to July first, two thousand one, or on the basis of  its  approved
base year expenditures for capital outlay from its general, capital or a
reserve  fund  incurred in the two thousand one--two thousand two school
year and computed pursuant to subdivision six of this section as if such
expenditures were aidable  under  such  subdivision,  and  current  year
approved  expenditures for debt service for school building purposes and
(B) its apportionment as provided in subdivision six  of  this  section,
the  general contracts for which shall have been awarded on or after the
date this act takes effect and prior to July first, two  thousand  [ten]
TWELVE  or  within  ten years from the effective date of reorganization,
whichever is later as provided in subdivision six of this  section,  and
which  said sum shall be payable for and during the terms of any indebt-
edness created for the purpose of financing such construction  or  other
facility  as aforesaid, provided however, that in no event may the total
apportionment under this paragraph, under subdivision twelve of  section
thirty-six hundred forty-one of this article, and under subdivisions six
and  six-f  of  this  section  for any project exceed the product of (1)
ninety-eight percent for a high need school district, as defined  pursu-
ant  to  guidelines  of  the commissioner for the two thousand five--two
thousand six school year, for all school building projects  approved  by
the voters of the school district or by the board of education of a city
school  district  in a city with more than one hundred twenty-five thou-
sand inhabitants, and/or the chancellor in a city school district  in  a
city having a population of one million or more, on or after July first,
two thousand five, or ninety-five per cent for any other school building
project  or  school district, multiplied by (2) the sum of the base year
approved expenditures for capital outlay for  school  building  purposes
from  the general fund, capital fund or from a reserve fund, and current
year approved expenditures for debt service for such purposes  for  such
project.
  S  31.  Section  3641 of the education law, is amended by adding a new
subdivision 15 to read as follows:
  15. MATH AND SCIENCE HIGH SCHOOLS. BEGINNING  WITH  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE SCHOOL YEAR AND EACH YEAR THEREAFTER THERE
SHALL BE GRANTS PROVIDED IN EQUAL AMOUNTS FOR THE MATH AND SCIENCE  HIGH
SCHOOLS PROGRAM WHICH INCLUDES TECH VALLEY HIGH SCHOOL, BARD COLLEGE AND
NAZARETH  COLLEGE.  SUCH  GRANTS MAY BE USED FOR OPERATING COSTS OF MATH
AND SCIENCE PROGRAMS OR FOR MATH AND SCIENCE INITIATIVES.
  S 32. This act shall take effect immediately, provided that:
  1. sections one, two, three and four of this  act  shall  take  effect
April 1, 2011;
  2.  sections six and seven of this act shall be deemed to have been in
full force and effect on and after April 1, 2011 and shall apply to  any
general  or  special  law imposing mandates on municipal corporations or
school districts enacted on or after such effective date;
  3.  sections twenty-four and twenty-five of this act shall take effect
July 1, 2011; and
  4. section thirty of this act shall be deemed to  have  been  in  full
force and effect on and after July 1, 2010.

                                 PART C

  Section 1. Article 9 of the arts and cultural affairs law is REPEALED.
  S 2. Section 97-u of the state finance law is REPEALED.

S. 2808--B                         40

  S 3. Notwithstanding any inconsistent provision of law, all rights and
property  previously  held by the entity formerly referred to as the New
York state theatre institute corporation, as established in chapter  824
of  the  laws of 1992, and as repealed in this act, shall pass to and be
vested within the office of general services.
  S 4. This act shall take effect immediately.

                                 PART D

  Section 1. Subdivision 5 of section 355 of the education law, subdivi-
sion  5  as  added  by  chapter  552 of the laws of 1985, paragraph a of
subdivision 5 as amended by chapter 682 of the laws of 2007, paragraph c
of subdivision 5 as added by chapter 103 of the laws of 1989  and  para-
graph d of subdivision 5 as added by chapter 537 of the laws of 1997, is
amended to read as follows:
  5.  Notwithstanding the provisions of [paragraph] SUBDIVISIONS two AND
THREE of section one hundred twelve and sections  one  hundred  fifteen,
one  hundred  sixty-one,  AND  one  hundred sixty-three [and one hundred
seventy-four] of the state finance law and sections three and six of the
New York state printing and public documents law or any other law to the
contrary, the state university trustees are authorized and empowered to:
  a. (i) purchase materials, equipment and supplies, including  computer
equipment  and  motor  vehicles[, where the amount for a single purchase
does not exceed twenty thousand dollars],  (ii)  execute  contracts  for
[services  and]  construction  AND CONSTRUCTION-RELATED contracts [to an
amount not exceeding twenty thousand dollars]  and  (iii)  contract  for
printing  [to  an  amount  not exceeding five thousand dollars], without
prior approval by any other state officer  or  agency,  but  subject  to
rules  and regulations of the state comptroller not otherwise inconsist-
ent with the provisions of this section  and  in  accordance  with  [the
rules  and  regulations]  GUIDELINES promulgated by the state university
board of trustees after consultation with  the  state  comptroller.  [In
addition,  the  trustees,  after  consultation  with the commissioner of
general services, are authorized to annually negotiate  with  the  state
comptroller  increases  in  the  aforementioned  dollar  limits  and the
exemption of any articles, categories of articles  or  commodities  from
these  limits.    Rules and regulations] CONTRACTS FOR SERVICES SHALL BE
SUBJECT TO THE APPROVAL OF THE STATE COMPTROLLER IN ACCORDANCE WITH  THE
PROVISIONS  AND  DOLLAR  THRESHOLD  OF  SUBDIVISION  TWO  OF SECTION ONE
HUNDRED AND TWELVE OF THE STATE FINANCE LAW; PROVIDED, THAT THE TRUSTEES
ARE  AUTHORIZED  TO  NEGOTIATE  ANNUALLY  WITH  THE  STATE   COMPTROLLER
INCREASES  IN  THE  DOLLAR  THRESHOLD FOR CONTRACTS FOR SERVICES. GUIDE-
LINES, RULES, OR REGULATIONS promulgated by the state  university  board
of  trustees  shall, to the extent practicable, require that competitive
proposals be solicited for purchases,  and  shall  include  requirements
that  purchases  and  contracts  authorized under this section be at the
lowest available price,  including  consideration  of  prices  available
through  other state agencies, consistent with quality requirements, and
as will best promote the public interest. Such  purchases  may  be  made
directly  from  any  contractor pursuant to any contract for commodities
let by the office of general services or any other state agency;
  b. to establish cash advance accounts for the  purpose  of  purchasing
materials,  supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials,  supplies,  or  services
where  the amount of a single purchase does not exceed two hundred fifty

S. 2808--B                         41

dollars, in accordance with such guidelines as shall  be  prescribed  by
the  state  university  trustees after consultation with the state comp-
troller.
  c.  establish  guidelines  in  consultation  with  the commissioner of
general services authorizing participation by the  state  university  in
programs administered by the office of general services for the purchase
of  available  New York state food products. The commissioner of general
services shall provide assistance to the state university  necessary  to
enable the university to participate in these programs.
  [d.  (1)  Award  contract extensions for campus transportation without
competitive bidding where such contracts  were  secured  either  through
competitive  bidding or through evaluation of proposals in response to a
request for proposals pursuant to subparagraph (2)  of  this  paragraph,
however  such extensions may be rejected if the amount to be paid to the
contractor in any year of such proposed extension fails to  reflect  any
decrease  in  the  regional  consumer  price index for the New York, New
York-Northeastern, New Jersey area, based upon the index for  all  urban
consumers  (CPI-U) during the preceding twelve-month period. At the time
of any contract extension, consideration shall be given to  any  compet-
itive  proposal offered by a public transportation agency. Such contract
may be increased for each year of the contract extension  by  an  amount
not  to  exceed  the  regional consumer price index increase for the New
York, New York-Northeastern, New Jersey area, based upon the  index  for
all  urban  consumers (CPI-U), during the preceding twelve-month period,
provided it has been satisfactorily established by the  contractor  that
there has been at least an equivalent increase in the amount of his cost
of operation, during the period of the contract.]
  S 2. Subdivision 2 of section 112 of the state finance law, as amended
by  chapter  319  of the laws of 1992, paragraph (a) of subdivision 2 as
amended by section 2 of part D of chapter 56 of the  laws  of  2006,  is
amended to read as follows:
  2.  (a)  Before  any contract made for or by any state agency, depart-
ment, board, officer, commission, or institution, except the  office  of
general  services,  shall be executed or become effective, whenever such
contract exceeds  fifty  thousand  dollars  in  amount  and  before  any
contract made for or by the office of general services shall be executed
or become effective, whenever such contract exceeds eighty-five thousand
dollars  in  amount,  it  shall first be approved by the comptroller and
filed in his or her office,  provided,  however,  that  the  comptroller
shall  make  a  final  written determination with respect to approval of
such contract within ninety days of the submission of such  contract  to
his  or  her office unless the comptroller shall notify, in writing, the
state agency, department, board, officer,  commission,  or  institution,
prior to the expiration of the ninety day period, and for good cause, of
the need for an extension of not more than fifteen days, or a reasonable
period  of time agreed to by such state agency, department, board, offi-
cer, commission, or institution and provided, further, that such written
determination or extension shall be made part of the procurement  record
pursuant  to  paragraph  f  of  subdivision  one  of section one hundred
sixty-three  of  this  chapter.    THE  FOREGOING  NOTWITHSTANDING,  ANY
CONTRACT MADE FOR OR BY THE STATE UNIVERSITY OF NEW YORK FOR GOODS SHALL
NOT BE SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH.
  (b)  Whenever  any liability of any nature shall be incurred by or for
any state department, board, officer, commission, or  institution  OTHER
THAN  THE  CITY  UNIVERSITY  OF NEW YORK AND THE STATE UNIVERSITY OF NEW

S. 2808--B                         42

YORK, notice that such liability has been incurred shall be  immediately
given in writing to the state comptroller.
  S  3. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended to read as follows:
  (iv) The commissioner is authorized to permit  any  officer,  body  or
agency of the state or of a political subdivision or a district therein,
or  fire  company  or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make  purchases  of
commodities   through   the  office  of  general  services'  centralized
contracts, pursuant to the provisions of section one hundred four of the
general municipal law. The commissioner  is  authorized  to  permit  any
county  extension  service  association  as authorized under subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation or other entity as specified in and in accordance  with  section
one  hundred  nine-a  of  the  general  municipal law, OR ANY NON-PROFIT
CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF  THE
STATE  UNIVERSITY  OF  NEW  YORK,  or any other association or entity as
specified in state law, to make purchases  of  commodities  through  the
office  of  general  services' centralized contracts; provided, however,
that such entity so empowered shall accept sole responsibility  for  any
payment  due with respect to such purchase; AND PROVIDED FURTHER, HOWEV-
ER, THAT COMMODITIES SO PURCHASED BY A NON-PROFIT CORPORATION  ORGANIZED
IN  FURTHERANCE  OF  THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF
NEW YORK SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPO-
RATION OR OTHER ENTITY WHICH CONTRACTS WITH THE NON-PROFIT  CORPORATION,
NOR  SHALL  SUCH COMMODITIES SO PURCHASED BY SUCH NON-PROFIT CORPORATION
BE OFFERED FOR RESALE.
  S 4. Paragraph e of subdivision 4 of section 163 of the state  finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  e.  Any  officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make  purchases  of  services  through  the  office  of  general
services'  centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal  law.  The  commis-
sioner  may  permit  and  prescribe  the  conditions for the purchase of
services through the office of general services'  centralized  contracts
for  services  by  any public authority or public benefit corporation of
the state including the port authority of New York and  New  Jersey,  OR
ANY  NON-PROFIT  CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND
PURPOSES OF THE STATE UNIVERSITY OF NEW YORK, OTHER  THAN  THE  RESEARCH
FOUNDATION  OF THE STATE UNIVERSITY OF NEW YORK; PROVIDED, HOWEVER, THAT
SERVICES SO PURCHASED BY A NON-PROFIT CORPORATION ORGANIZED IN  FURTHER-
ANCE  OF  THE  OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK,
OTHER THAN THE RESEARCH FOUNDATION OF THE STATE UNIVERSITY OF NEW  YORK,
SHALL  NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPORATION OR
OTHER ENTITY WHICH  CONTRACTS  WITH  THE  NON-PROFIT  ORGANIZATION.  The
commissioner  is  authorized  to  permit any public library, association
library, library  system,  cooperative  library  system,  the  New  York
Library  Association,  and  the  New  York  State Association of Library
Boards or any other library except  those  which  are  operated  by  for
profit  entities,  to  make  purchases of services through the office of
general services' centralized contracts; provided,  however,  that  such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.

S. 2808--B                         43

  S  5.  Subdivisions  12 and 15 of section 373 of the education law, as
added by chapter 251 of the laws of 1962, are amended and a new subdivi-
sion 20 is added to read as follows:
  12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate  powers  and  the  fulfillment of its corporate purposes under this
article. NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE
LAW OR ANY OTHER LAW TO THE CONTRARY, ALL SUCH FUND  PROCUREMENTS  SHALL
BE  SUBJECT  ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY ADOPTED BY
THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF  TITLE  FOUR
OF   ARTICLE   NINE   OF  THE  PUBLIC  AUTHORITIES  LAW  EXCEPT  SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW;
  15. To engage the services  of  construction,  engineering,  architec-
tural,  legal  and financial consultants, surveyors and appraisers, on a
contract basis or as employees, for professional service  and  technical
assistance  and advice AND NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF
THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, TO DETERMINE ITS
STAFFING, SUPPORT SERVICES AND EQUIPMENT NEEDS WHICH IN THE JUDGMENT  OF
THE  FUND  ARE NECESSARY TO FULFILL ITS PURPOSES AS SET FORTH IN SECTION
THREE HUNDRED SEVENTY-TWO OF THIS ARTICLE; and
  20. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL RIGHTS AND  BENEFITS,
INCLUDING  TERMS  AND  CONDITIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL
SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EMPLOYEES  OF  THE  FUND
SHALL  BE  PRESERVED AND PROTECTED. EMPLOYEES IN ANY NEWLY CREATED POSI-
TIONS WITHIN THE FUND SHALL  BE  CONSIDERED  PUBLIC  EMPLOYEES  FOR  ALL
PURPOSES OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  S  6.  Subdivision  8 of section 376 of the education law, as added by
chapter 251 of the laws of 1962, the opening paragraph and  paragraph  a
as  amended  by chapter 877 of the laws of 1990 and paragraph f as added
by chapter 769 of the laws of 1978, is amended to read as follows:
  8. All contracts which are to be awarded pursuant to this  subdivision
shall  be  awarded  by  public  letting in accordance with the following
provisions,  notwithstanding  any  contrary  provision  of  section  ONE
HUNDRED  TWELVE,  one  hundred  thirty-five, one hundred thirty-six, one
hundred thirty-nine or one hundred forty of the state finance law OR ANY
OTHER LAW, provided, however, that where the estimated  expense  of  any
contract  which may be awarded pursuant to this subdivision is less than
TWO HUNDRED fifty thousand dollars, a performance bond and  a  bond  for
the  payment  of  labor and material may, in the discretion of the fund,
not be required, and except that  in  the  discretion  of  the  fund,  a
contract  may  be  entered into for such purposes without public letting
where the  estimated  expense  thereof  is  less  than  twenty  thousand
dollars,  or  where  in  the judgment of the fund an emergency condition
exists as a result of damage to an existing academic building, dormitory
or other facility which has been caused by an act of God, fire or  other
casualty,  or any other unanticipated, sudden and unexpected occurrence,
that has resulted in damage to or a malfunction in an existing  academic
building,  dormitory or other facility and involves a pressing necessity
for immediate repair, reconstruction or maintenance in order  to  permit
the  safe  continuation  of  the use or function of such facility, or to
protect the facility or the life, health or safety of  any  person,  and
the nature of the work is such that in the judgment of the fund it would
be  impractical  and against the public interest to have public letting;
provided, however, that the fund, prior to awarding a contract hereunder
because of an emergency condition notify the comptroller of  its  intent
to award such a contract:

S. 2808--B                         44

  a. [If contracts are to be publicly let, the] THE letting agency shall
advertise the invitation to bid OR THE REQUEST FOR PROPOSALS in [a news-
paper  published  in  the city of Albany and in] such [other newspapers]
NEWSPAPER as will be most likely in its opinion to give adequate  notice
to  contractors  of  the  work  required  [and of the invitation to bid]
provided, however, that where the  estimated  expense  of  any  contract
which  may  be  awarded  pursuant  to  this subdivision is less than TWO
HUNDRED fifty thousand dollars, the letting  agency  may  advertise  the
invitation  to bid solely through the procurement opportunities newslet-
ter published pursuant to section one hundred forty-two of the  economic
development  law.  The  invitation to bid OR REQUEST FOR PROPOSALS shall
contain such information as the letting agency  shall  deem  appropriate
[and  a statement of the time and place where all bids received pursuant
to such notice will be publicly opened and read].
  b. The letting agency  shall  not  award  any  contract  after  public
bidding  except  to the lowest bidder who in its opinion is qualified to
perform the work required and is responsible and reliable.  The  letting
agency  may,  however, reject any or all bids, again advertise for bids,
or waive any informality in a bid if it believes that the public  inter-
est will be promoted thereby.
  c.  The  invitation  to  bid,  REQUEST  FOR PROPOSALS and the contract
awarded  shall  contain  such  other  terms  and  conditions,  and  such
provisions for penalties, as the letting agency may deem desirable.
  d. [The form of any] ANY contract awarded pursuant to this subdivision
shall  [be  approved  by the attorney general and by the comptroller and
shall] contain a clause that the contract shall be deemed  executory  to
the  extent  of  the  moneys  available  and  that no liability shall be
incurred by the fund beyond the moneys available therefor.
  e. The letting agency shall require such deposits, bonds and  security
in  connection with the submission of bids OR REQUEST FOR PROPOSALS, the
award of contracts and the performance of work as it shall determine  to
be in the public interest and for the protection of the state, the state
university, the fund and the letting agency.
  f.  Notwithstanding  the  provisions of any other law to the contrary,
all  contracts  for  public  work  awarded  by  the   state   university
construction  fund  pursuant  to this subdivision shall be in accordance
with section one hundred thirty-nine-f of the state finance law.
  G. EXCEPT AS PROVIDED IN THE COLLECTIVE BARGAINING  AGREEMENT  BETWEEN
THE  FUND AND ITS REPRESENTED EMPLOYEES, ALL WORK CURRENTLY PERFORMED BY
REPRESENTED EMPLOYEES OF THE FUND UPON THE EFFECTIVE DATE OF THIS  PARA-
GRAPH  SHALL  CONTINUE TO BE PERFORMED BY SUCH EMPLOYEES. NOTHING IN THE
CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH  ADDED  THIS  PARAGRAPH
SHALL  RESULT  IN  A  DISPLACEMENT OF ANY CURRENTLY EMPLOYED REPRESENTED
WORKER OR LOSS OF POSITION, INCLUDING PARTIAL  DISPLACEMENT  SUCH  AS  A
REDUCTION IN WORK HOURS, WAGES OR OTHER BENEFITS.
  S  7.  Subdivision  4 of section 377 of the education law, as added by
chapter 624 of the laws of 1999, is amended to read as follows:
  4. Monies received by the fund, FOR ALL OF ITS OPERATING AND  ADMINIS-
TRATIVE COSTS OR in connection with approved university-related economic
development  facilities,  [other than state appropriations to the fund,]
may be deposited in a general account and other  such  accounts  as  the
fund  may  deem  necessary,  for  the transaction of its business [or in
relation to construction or property management activities undertaken in
connection with such projects] and shall be paid out on checks signed by
the chairman of the fund or such other person or persons as the trustees
of the fund may authorize.

S. 2808--B                         45

  S 8. Subdivision 14 of section 130 of the civil service law, as  added
by chapter 685 of the laws of 1995, is amended to read as follows:
  14. Notwithstanding  any  foregoing  provisions of this section to the
contrary, wage rates and/or pay differentials paid by the state PURSUANT
TO SUBDIVISION THIRTEEN OF SECTION THREE  HUNDRED  FIFTY-FIVE-A  OF  THE
EDUCATION  LAW,  AS ADDED BY CHAPTER SIX HUNDRED EIGHTY-FIVE OF THE LAWS
OF NINETEEN HUNDRED NINETY-FIVE, to teaching and research center  nurses
of the state university of New York [pursuant to subdivision thirteen of
section three hundred fifty-five-a of the education law] may be based on
a  study  of representative peer institutions in private or other public
hospitals in the same geographic area as a hospital of the state univer-
sity which shows that WAGE RATES  AND/OR  pay  differentials  of  nurses
employed by such peer institutions are higher than the wage rates and/or
pay  differentials  paid  by  the  state to teaching and research center
nurses of the state university. Whenever, in the opinion  of  the  chief
administrative  officer  of the health science centers at which teaching
and research center nurses are  employed,  additional  compensation  for
such  employees is necessary to maintain adequate support to protect the
health, safety and welfare of patients, such chief administrative  offi-
cer OR PRESIDENT shall request the state university board of trustees to
conduct such a study.
  S  9.   Subdivision 6 of section 350 of the education law, as added by
chapter 363 of the laws of 1998, is amended to read as follows:
  6. "Clinic" shall mean a facility LICENSED UNDER ARTICLE  TWENTY-EIGHT
OF  THE  PUBLIC HEALTH LAW AS A DIAGNOSTIC AND TREATMENT CENTER WHICH IS
located either within or outside  of  a  state  university  health  care
facility  providing services related to the medical education mission of
the university, but shall not include state  university  student  health
services.
  S  10.  Paragraph  b of subdivision 16 of section 355 of the education
law, as added by chapter 363 of the laws of 1998, is amended to read  as
follows:
  b.  Notwithstanding  the  provisions of subdivision two of section one
hundred twelve of the state finance law [relating to the dollar  thresh-
old  requiring the comptroller's approval of contracts and], subdivision
six of section one hundred sixty-three of the state finance  law[,]  AND
SECTION  SIXTY-THREE  OF  THE EXECUTIVE LAW, (I) authorize contracts for
the purchase of goods [and services] for state  university  health  care
facilities  WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY,
INCLUDING CONTRACTS:
  [(1) for any contract which  does  not  exceed  seventy-five  thousand
dollars; or
  (2)]  for  joint or group purchasing [arrangements which do not exceed
seventy-five thousand dollars without prior approval by any other state,
officer or agency] OF GOODS, in accordance with procedures and  require-
ments found in paragraph a of subdivision five of this section, AND (II)
AUTHORIZE  CONTRACTS  FOR JOINT OR GROUP PURCHASING OF SERVICES WHICH DO
NOT EXCEED SEVENTY-FIVE THOUSAND DOLLARS WITHOUT PRIOR APPROVAL  BY  ANY
OTHER  STATE,  OFFICER  OR  AGENCY  IN  ACCORDANCE  WITH  PROCEDURES AND
REQUIREMENTS FOUND IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION.
  [(3) contracts] CONTRACTS  authorized  [hereunder]  PURSUANT  TO  THIS
PARAGRAPH  shall be subject to article fourteen of the civil service law
and the applicable  provisions  of  agreements  between  the  state  and
employee organizations pursuant to article fourteen of the civil service
law.

S. 2808--B                         46

  The trustees are authorized to negotiate annually with the state comp-
troller increases in the aforementioned dollar [limits] LIMIT.
  S  11.  Notwithstanding any inconsistent provision in section 8 of the
court of claims act, subdivision 10 of section 355 of the education  law
or  any  other provision of law, a state university health care facility
may include in a contract authorized by paragraph a of subdivision 16 of
section 355 of the education law,  other  than  a  contract  with  state
employees  relating  to  terms  and  conditions  of  their employment, a
provision that some or all disputes arising under  or  related  to  such
contract shall be resolved by binding arbitration in accordance with the
rules of a nationally-recognized arbitration association.
  S  12. This act shall take effect immediately provided that the amend-
ments to section 163 of the state finance law made by sections three and
four of this act shall not affect the repeal of such section  and  shall
be deemed repealed therewith.

                                 PART E

  Section  1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of
paragraph a of subdivision 3 of section 667 of  the  education  law,  as
amended  by  section  1  of part B of chapter 60 of the laws of 2000, is
amended and a new subitem (d) is added to read as follows:
  (c) For students first receiving aid in [the] two thousand--two  thou-
sand one and thereafter, five thousand dollars[.]; OR
  (D)  FOR  UNDERGRADUATE  STUDENTS  ENROLLED IN A PROGRAM OF STUDY AT A
PUBLIC OR NON-PUBLIC DEGREE-GRANTING INSTITUTION THAT DOES NOT  OFFER  A
PROGRAM  OF  STUDY  THAT LEADS TO A BACCALAUREATE DEGREE, OR AT A REGIS-
TERED NOT-FOR-PROFIT BUSINESS SCHOOL QUALIFIED FOR TAX  EXEMPTION  UNDER
SECTION  501(C)(3)  OF  THE INTERNAL REVENUE CODE FOR FEDERAL INCOME TAX
PURPOSES THAT DOES NOT OFFER A PROGRAM OF STUDY THAT LEADS TO  A  BACCA-
LAUREATE  DEGREE,  FOUR THOUSAND DOLLARS.   PROVIDED, HOWEVER, THAT THIS
SUBITEM SHALL NOT APPLY TO STUDENTS ENROLLED IN A PROGRAM OF STUDY LEAD-
ING TO A CERTIFICATE OR DEGREE IN NURSING.
  S 2. This act shall take effect July 1, 2011.

                                 PART F

  Intentionally omitted.

                                 PART G

  Section 1. Paragraphs b and c of subdivision 6 of section 661  of  the
education  law  are REPEALED and two new paragraphs b and c are added to
read as follows:
  B.  A STUDENT WHO IS IN DEFAULT ON A STUDENT LOAN MADE UNDER ANY STAT-
UTORY NEW YORK STATE OR FEDERAL EDUCATION LOAN PROGRAM SHALL BE INELIGI-
BLE TO RECEIVE ANY AWARD OR LOAN PURSUANT  TO  THIS  ARTICLE  UNTIL  THE
STUDENT  CURES  THE  DEFAULT STATUS PURSUANT TO APPLICABLE LAW AND REGU-
LATION.
  C. A STUDENT WHO HAS FAILED TO COMPLY WITH THE TERMS  OF  ANY  SERVICE
CONDITION  IMPOSED  BY  AN  AWARD  MADE  PURSUANT TO THIS ARTICLE OR HAS
FAILED TO REPAY AN AWARD MADE PURSUANT TO THIS ARTICLE, AS  REQUIRED  BY
PARAGRAPH  A  OF  SUBDIVISION  FOUR OF SECTION SIX HUNDRED SIXTY-FIVE OF
THIS SUBPART, SHALL BE INELIGIBLE TO RECEIVE ANY AWARD OR LOAN  PURSUANT
TO THIS ARTICLE SO LONG AS SUCH FAILURE TO COMPLY OR REPAY CONTINUES.

S. 2808--B                         47

  S  2.  This  act  shall  take  effect  July 1, 2011; provided that the
provisions of this act shall apply to any student who is in  default  in
the repayment of any student loan or under the terms of any award pursu-
ant to article 14 of the education law.

                                 PART H

  Section  1. Subclause 1 of clause (A) of subparagraph (i) of paragraph
a of subdivision 3 of section 667 of the education law,  as  amended  by
section  1  of  part  B of chapter 60 of the laws of 2000, is amended to
read as follows:
  (1) In the case of students who have not been granted an exclusion  of
parental  income  or  had a dependent for income tax purposes during the
tax year next preceding the academic year for which application is made,
EXCEPT FOR THOSE STUDENTS WHO HAVE BEEN GRANTED  EXCLUSION  OF  PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT:
  (a)  For  students  first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two  thousand--two  thou-
sand one, four thousand one hundred twenty-five dollars; or
  (b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen  hundred  ninety-four  or earlier, three thousand five hundred
seventy-five dollars; or
  (c) For students first receiving aid in [the] two thousand--two  thou-
sand one and thereafter, five thousand dollars.
  S  2.  Subclause 2 of clause (A) of subparagraph (i) of paragraph a of
subdivision 3 of section 667 of the education law, as amended by section
1 of part B of chapter 60 of the laws of 2000, is  amended  to  read  as
follows:
  (2)  In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph AND THOSE STUDENTS WHO HAVE BEEN GRANTED  EXCLU-
SION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT.
  (a)  For  students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
teen  hundred  ninety-six  and  thereafter,  three  thousand twenty-five
dollars, or
  (b) For students first receiving aid in nineteen hundred  ninety-two--
nineteen  hundred  ninety-three and nineteen hundred ninety-three--nine-
teen  hundred  ninety-four,  two  thousand  five  hundred   seventy-five
dollars, or
  (c)  For students first receiving aid in nineteen hundred ninety-one--
nineteen hundred ninety-two or earlier, two thousand four hundred  fifty
dollars; or
  S 3. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
  (iii)  (A)  For  students  who have been granted exclusion of parental
income and were single with no dependent for income tax purposes  during
the  tax  year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of  this  para-
graph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

[(A)] (1) Less than three thousand  None

S. 2808--B                         48

    dollars
[(B)] (2) Three thousand dollars or Thirty-one per centum of
    more, but not more than ten     amount in excess of three
    thousand dollars                thousand dollars

  (B)  FOR  THOSE  STUDENTS  WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT, FOR INCOME TAX PURPOSES
DURING THE TAX YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH  APPLICA-
TION IS MADE, THE BASE AMOUNT, AS DETERMINED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:

AMOUNT OF INCOME                    SCHEDULE OF REDUCTION
                                    OF BASE AMOUNT

(1) LESS THAN SEVEN THOUSAND        NONE
    DOLLARS
(2) SEVEN THOUSAND DOLLARS OR       SEVEN PER CENTUM OF EXCESS
    MORE, BUT LESS THAN ELEVEN      OVER SEVEN THOUSAND DOLLARS
    THOUSAND DOLLARS
(3) ELEVEN THOUSAND DOLLARS OR      TWO HUNDRED EIGHTY DOLLARS
    MORE, BUT LESS THAN EIGHTEEN    PLUS TEN PER CENTUM OF EXCESS
    THOUSAND DOLLARS                OVER ELEVEN THOUSAND DOLLARS
(4) EIGHTEEN THOUSAND DOLLARS OR    NINE HUNDRED EIGHTY DOLLARS
    MORE, BUT NOT MORE THAN FORTY   PLUS TWELVE PER CENTUM OF
    THOUSAND DOLLARS                EXCESS OVER EIGHTEEN
                                    THOUSAND DOLLARS

  S 4. This act shall take effect July 1, 2011.

                                 PART I

  Section  1.  Subparagraphs (i), (ii), (iii) and (iv) of paragraph c of
subdivision 6 of section 665 of the education  law,  subparagraphs  (i),
(ii)  and  (iii)  as added by section 3 of part E-1 of chapter 57 of the
laws of 2007 and subparagraph (iv) as amended by section 2 of part I  of
chapter 57 of the laws of 2008, are amended to read as follows:
  (i)  For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO  THOUSAND  TEN,
AND  FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO  THOUSAND  EIGHT,  and
thereafter,   and  enrolled  in  four-year  or  five-year  undergraduate
programs whose terms are organized in semesters:

  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th  10th
  Certified
  for This
  Payment

  A Student Must 0    3    9    21   33   45   60   75   90   105
  Have Accrued at
  Least This
  Many Credits

  With At Least  0    1.1  1.2  1.3  2.0  2.0  2.0  2.0  2.0  2.0
  This Grade
  Point Average

S. 2808--B                         49

  (ii) For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO  THOUSAND  TEN,
AND  FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO  THOUSAND  EIGHT,  and
thereafter,  and enrolled in two-year undergraduate programs whose terms
are organized in semesters:

  Before Being   1    2    3    4    5    6
  Certified
  for This
  Payment

  A Student      0    3    9    18   30   45
  Must Have
  Accrued at
  Least This
  Many Credits

  With at Least  0    .5   .75  1.3  2.0  2.0
  This Grade
  Point Average

  (iii) For students first receiving  aid  in  two  thousand  seven--two
thousand  eight,  THROUGH  AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND
TEN, AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS  SUBDI-
VISION WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT,
and  thereafter,  and  enrolled  in four-year or five-year undergraduate
programs whose terms are organized on a trimester basis:

  Before Being   1    2    3    4    5    6    7    8
  Certified
  for This
  Payment

  A Student      0    2    4    9    17   25   33   40
  Must Have
  Accrued at
  Least This
  Many Credits

  With At Least  0    1.1  1.1  1.2  1.2  1.3  2.0  2.0
  This Grade
  Point Average

and,

  Before Being   9    10   11   12   13   14   15
  Certified
  for This
  Payment

  A Student      50   60   70   80   90   100  110
  Must Have
  Accrued at
  Least This
  Many Credits

S. 2808--B                         50

  With At Least  2.0  2.0  2.0  2.0  2.0  2.0  2.0
  This Grade
  Point Average

  (iv) For students first receiving aid in two thousand seven--two thou-
sand  eight,  THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS  SUBDIVISION
WHO  FIRST  RECEIVED  AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
thereafter, and enrolled in two-year undergraduate programs whose  terms
are organized on a trimester basis:

  Before Being   1    2    3    4    5     6    7    8    9
  Certified
  for This
  Payment

  A Student      0    2    4    9    15    21   30   37   45
  Must Have
  Accrued at
  Least This
  Many Credits

  With At Least  0    .5   .5   .75  .75   1.3  2.0  2.0  2.0
  This Grade
  Point Average

  S  2. Paragraph c of subdivision 6 of section 665 of the education law
is amended by adding four new subparagraphs (v), (vi), (vii) and  (viii)
to read as follows:
  (V) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOUSAND
ELEVEN  AND  THEREAFTER,  WHO  DO  NOT  MEET  THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE  ENROLLED
IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
IZED IN SEMESTERS:

  BEFORE BEING   1ST  2ND  3RD  4TH  5TH   6TH  7TH  8TH  9TH 10TH
  CERTIFIED
  FOR THIS
  PAYMENT

  A STUDENT      0    6    15   27   39    51   66   81   96  111
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  0    1.5  1.8  1.8  2.0  2.0  2.0  2.0  2.0  2.0
  THIS GRADE
  POINT AVERAGE

  (VI)  FOR  STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION  OF  REMEDIAL
STUDENT  AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A TWO-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED IN  SEMES-
TERS:

S. 2808--B                         51

  BEFORE BEING   1ST  2ND  3RD  4TH  5TH  6TH
  CERTIFIED
  FOR THIS
  PAYMENT

  A STUDENT      0    6    15   27   39   51
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  0    1.3  1.5  1.8  2.0  2.0
  THIS GRADE
  POINT AVERAGE

  (VII)  FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION  OF  REMEDIAL
STUDENT  AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
IZED ON A TRIMESTER BASIS:

  BEFORE BEING   1ST  2ND  3RD  4TH  5TH  6TH  7TH  8TH
  CERTIFIED
  FOR THIS
  PAYMENT

  A STUDENT      0    4    8    14   22   30   38   46
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  0    1.1  1.5  1.5  1.8  2.0  2.0  2.0
  THIS GRADE
  POINT AVERAGE
  AND,

  BEFORE BEING   9TH  10TH 11TH 12TH 13TH 14TH 15TH
  CERTIFIED
  FOR THIS
  PAYMENT

  A STUDENT       56   66   76   86   96  106  116
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  2.0  2.0  2.0  2.0  2.0  2.0  2.0
  THIS GRADE
  POINT AVERAGE

  (VIII) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION  OF  REMEDIAL
STUDENT  AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED

S. 2808--B                         52

IN A TWO-YEAR UNDERGRADUATE PROGRAM  WHOSE  TERMS  ARE  ORGANIZED  ON  A
TRIMESTER BASIS:

  BEFORE BEING   1ST  2ND  3RD  4TH  5TH  6TH  7TH  8TH  9TH
  CERTIFIED
  FOR THIS
  PAYMENT

  A STUDENT       0    2    6   14   22   30   38   46   54
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  0    1.0  1.3  1.5  1.5  1.8  2.0  2.0  2.0
  THIS GRADE
  POINT AVERAGE

  S  3.  Subdivision 6 of section 665 of the education law is amended by
adding a new paragraph d to read as follows:
  D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, A REMEDIAL STUDENT
SHALL MEAN A STUDENT CARRYING A FULL-TIME PROGRAM: (A) WHOSE SCORES ON A
RECOGNIZED COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED  STANDARDIZED
EXAM  INDICATE THE NEED FOR REMEDIATION, AS CERTIFIED BY THE APPROPRIATE
COLLEGE OFFICIAL AND APPROVED BY THE COMMISSIONER, AND WHO  IS  ENROLLED
IN UP TO NINE SEMESTER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED
BY  THE COMMISSIONER, IN THEIR FIRST TERM OF STUDY, AND UP TO SIX SEMES-
TER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED BY THE COMMISSION-
ER, IN EACH TERM THEREAFTER; OR (B) WHO IS ENROLLED IN THE HIGHER EDUCA-
TION OPPORTUNITY  PROGRAM  (HEOP),  THE  EDUCATION  OPPORTUNITY  PROGRAM
(EOP), THE SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK) PROGRAM,
OR THE COLLEGE DISCOVERY PROGRAM.  STUDENTS WHO QUALIFY FOR ANY OF THESE
STATED CONDITIONS SHALL REMAIN SUBJECT TO THE APPLICABLE ACADEMIC STAND-
ARDS  CRITERIA  PURSUANT  TO SUBPARAGRAPHS (I), (II), (III), AND (IV) OF
PARAGRAPH C OF THIS SUBDIVISION.
  S 4. This act shall take effect July 1, 2011.

                                 PART J

  Section 1. Subdivision 2 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  2. Duration. No undergraduate shall be eligible  for  more  than  four
academic  years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of  higher  educa-
tion and intended to culminate in a degree in undergraduate study shall,
for  purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate  student  enrolled
in  an  eligible  two year program of study approved by the commissioner
shall be eligible for no more than three academic years  of  study.  [No
graduate  student shall be eligible for more than four academic years of
study provided, however, that no graduate student shall be eligible  for
more  than  one  degree  program  at the master's, first professional or
doctorate level. No student shall be eligible for a total of  more  than
the  equivalent  of  eight  years of combined undergraduate and graduate
study.] Any semester, quarter, or term  of  attendance  during  which  a

S. 2808--B                         53

student  receives any award under this article, after the effective date
of the former scholar incentive program and prior to academic year nine-
teen hundred eighty-nine--nineteen  hundred  ninety,  shall  be  counted
toward the maximum term of eligibility for tuition assistance under this
section,  except that any semester, quarter or term of attendance during
which a student received  an  award  pursuant  to  section  six  hundred
sixty-six  of  this  [article] SUBPART shall be counted as one-half of a
semester, quarter or term, as the case may be, toward the  maximum  term
of  eligibility  under  this  section.  Any semester, quarter or term of
attendance during which a student received an award pursuant to  section
six hundred sixty-seven-a of this [article] SUBPART shall not be counted
toward the maximum term of eligibility under this section.
  S  2. Paragraph c of subdivision 3 of section 667 of the education law
is REPEALED and paragraph d is relettered paragraph c.
  S 3. Subdivision 5 of section 663 of the education law, as amended  by
chapter 622 of the laws of 2008, is amended to read as follows:
  5. Adjustments of income. [(a) Except for purposes of paragraphs a and
b  of  subdivision three of section six hundred sixty-seven of this part
if, during the academic year in which  the  applicant  will  receive  an
award,  one  or  more  of  either  the parents of the applicant or other
dependent children of such parents, the spouse of the applicant, or  one
or  more  dependent children of the applicant, in addition to the appli-
cant, will be in  full-time  attendance  in  an  approved  program,  the
combined  net  taxable  income  determined under subdivision one of this
section shall be divided by the total number of  the  aforesaid  persons
(including  the  applicant)  who  will  be  in  such attendance, and the
resulting quotient shall be deemed the applicable income in  determining
the applicant's award for such academic year.
  (b)] In the determination of income for purposes of paragraphs a and b
of subdivision three of section six hundred sixty-seven of this part if,
during  the  academic year in which the applicant will receive an award,
one of either the parents of the applicant or other dependent  child  of
such  parents,  the  spouse  of  the applicant, or one or more dependent
children of the applicant, in addition to  the  applicant,  will  be  in
full-time  attendance  in  an approved program, the combined net taxable
income determined under subdivision one of this section shall be reduced
by three thousand dollars and an additional  two  thousand  dollars  for
each  other  such  person additional to the aforesaid persons (including
the applicant) who will be in such attendance, and the resulting  amount
shall  be  deemed  the  applicable income in determining the applicant's
award for the academic year.
  S 4. Paragraph a of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977,  is  amended  to  read  as
follows:
  a. In determining the amount of an award for [graduate and undergradu-
ate]  students,  the  income  of  the  parents  shall be excluded if the
student has been emancipated from his parents.
  S 5. The opening paragraph of subparagraph 1 of paragraph b of  subdi-
vision  3 of section 663 of the education law, as amended by chapter 101
of the laws of 1992, is amended to read as follows:
  The applicant is a student who was married on or before December thir-
ty-first of the calendar year prior to the  beginning  of  the  academic
year  for  which  application is made or is an undergraduate student who
has reached the age of twenty-two on or before June thirtieth  prior  to
the  academic  year  for  which  application  is  made [or is a graduate
student,] and who, during the calendar year next preceding the semester,

S. 2808--B                         54

quarter or term of attendance for which application is made and  at  all
times subsequent thereto up to and including the entire period for which
application is made:
  S 6. Paragraph d of subdivision 3 of section 663 of the education law,
as  amended  by  chapter  62  of the laws of 1977, is amended to read as
follows:
  d. Any [graduate or] undergraduate student who was allowed to  exclude
parental  income  pursuant  to  the  provisions  of subdivision three of
section six hundred three of this chapter as they existed prior to  July
first, nineteen hundred seventy-four may continue to exclude such income
for so long as he continues to comply with such provisions.
  S 7. This act shall take effect July 1, 2011.

                                 PART K

  Section  1. Section 17 of chapter 31 of the laws of 1985, amending the
education law relating to regents scholarships in  certain  professions,
as  amended by section 1 of part I of chapter 57 of the laws of 2008, is
amended to read as follows:
  S 17. This act shall take effect immediately; provided, however,  that
the  scholarship  and  loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon  the  granting  of  such
awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
PHYSICIAN  LOAN  FORGIVENESS  PROGRAM  ESTABLISHED  PURSUANT TO THIS ACT
SHALL NOT TERMINATE UNTIL THE GRANTING OF SUCH AWARDS  FOR  THE  2015-16
SCHOOL  YEAR,  PROVIDED  THAT  THE  FINAL DISBURSEMENT OF ANY MULTI-YEAR
AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and effect on the same date and in the same
manner as part I of chapter 57 of the laws of 2008, takes effect.

                                 PART L

  Section 1. Section 3 of part V of chapter  57  of  the  laws  of  2005
amending the education law relating to the New York state nursing facul-
ty  loan  forgiveness  incentive  program and the New York state nursing
faculty scholarship program, as added by section 4 of part D of  chapter
63 of the laws of 2005, is amended to read as follows:
  S  3.  This  act  shall  take  effect on the same date and in the same
manner as Part H of [a] THIS chapter [of the laws of 2005  amending  the
labor  law and other laws relating to implementing the state fiscal plan
for the 2005-2006 state fiscal year, as  proposed  in  legislative  bill
numbers  S.3667  and A.6841, takes effect]; provided that section two of
this act shall take effect on the same date and in the  same  manner  as
Part  I  of [a] THIS chapter [of the laws of 2005 amending the labor law
and other laws relating to implementing the state fiscal  plan  for  the
2005-2006  state  fiscal  year,  as proposed in legislative bill numbers
S.3667 and A.6841, takes effect]; and provided  further  that  this  act
shall expire and be deemed repealed on June 30, [2010] 2016.
  S 2. This act shall take effect immediately.

                                 PART M

  Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005,  amending  the education law and other laws relating to the social
worker loan forgiveness program is amended to read as follows:

S. 2808--B                         55

  (a) section two of this act shall expire and be deemed  repealed  June
30, [2011] 2016; and provided, further that the amendment to paragraph b
of  subdivision  1  of section 679-c and the amendment to paragraph 2 of
subdivision a of section 679-d of the education  law  made  by  sections
three  and four of this act shall not affect the repeal of such sections
and shall be deemed repealed therewith;
  S 2. This act shall take effect immediately.

                                 PART N

  Section 1. Paragraph (b) of subdivision 12 of section 425 of the  real
property  tax law, as added by section 1 of part B of chapter 389 of the
laws of 1997, is amended and a new paragraph (d) is  added  to  read  as
follows:
  (b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive  or  final  assessment roll. The provisions of section five hundred
fifty-one or five hundred fifty-three of this chapter, relating  to  the
entry  by  the assessor of omitted real property on a tentative or final
assessment roll, shall apply so far as  practicable  to  the  revocation
procedure,  except  that  the  tax  rate  to  be  applied to any revoked
exemption shall be the tax rate that was applied  to  the  corresponding
assessment  roll,  AND  THAT  INTEREST  SHALL THEN BE ADDED TO EACH SUCH
PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE HUNDRED TWENTY-FOUR-A  OF
THIS  CHAPTER  OR  SUCH OTHER LAW AS MAY BE APPLICABLE FOR EACH MONTH OR
PORTION THEREON SINCE THE LEVY OF TAXES  UPON  THE  ASSESSMENT  ROLL  OR
ROLLS UPON WHICH THE EXEMPTION WAS GRANTED.
  (D)  APPLICABILITY.  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT BE
APPLICABLE TO THE EXTENT THAT  THE  PRIOR  EXEMPTIONS  SHALL  HAVE  BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
  S  2. The real property tax law is amended by adding a new section 496
to read as follows:
  S 496. VOLUNTARILY RENUNCIATION OF AN EXEMPTION. 1. A  PROPERTY  OWNER
WHO  WISHES  TO  GIVE UP HIS OR HER CLAIM TO AN EXEMPTION ON ONE OR MORE
PRECEDING ASSESSMENT ROLLS MAY RENOUNCE  THE  EXEMPTION  IN  THE  MANNER
PROVIDED BY THIS SECTION.
  2.  AN  APPLICATION  TO  RENOUNCE AN EXEMPTION SHALL BE MADE ON A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE COUNTY DIREC-
TOR OF REAL PROPERTY TAX SERVICES NO LATER THAN TWENTY YEARS  AFTER  THE
LEVY  OF TAXES UPON THE ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION
APPEARS. THE COUNTY DIRECTOR, AFTER  CONSULTING  WITH  THE  ASSESSOR  AS
APPROPRIATE,  SHALL  COMPUTE  THE  TOTAL  AMOUNT  OWED ON ACCOUNT OF THE
RENOUNCED EXEMPTION AS FOLLOWS:
  (A) FOR EACH ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION APPEARS,
THE ASSESSED VALUE THAT WAS EXEMPTED SHALL BE MULTIPLIED BY THE TAX RATE
OR RATES THAT WERE APPLIED TO THAT ASSESSMENT ROLL. INTEREST SHALL  THEN
BE  ADDED  TO  EACH  SUCH PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE
HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLI-
CABLE FOR EACH MONTH OR PORTION THEREON SINCE THE  LEVY  OF  TAXES  UPON
SUCH ASSESSMENT ROLL.
  (B) THE SUM OF THE CALCULATIONS MADE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION  WITH  RESPECT  TO  ALL  OF THE ASSESSMENT ROLLS IN QUESTION
SHALL BE DETERMINED.
  (C) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED TO THE SUM
DETERMINED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.

S. 2808--B                         56

  3. AFTER COMPUTING THE TOTAL AMOUNT DUE ON ACCOUNT  OF  THE  RENOUNCED
EXEMPTION,  THE  COUNTY  DIRECTOR SHALL RETURN THE FORM TO THE APPLICANT
WITH THE TOTAL AMOUNT DUE NOTED THEREON. A COPY OF SUCH  FORM  SHALL  BE
PROVIDED  TO THE ASSESSOR, AND IN THE CASE OF THE STAR EXEMPTION, TO THE
COMMISSIONER.    WITHIN FIFTEEN DAYS AFTER THE MAILING OF SUCH FORM, THE
APPLICANT SHALL PAY THE TOTAL AMOUNT DUE AS SHOWN THEREON TO THE  COUNTY
TREASURER,  WHO  SHALL ISSUE A RECEIPT FOR SUCH PAYMENT. AFTER DEDUCTING
THE PROCESSING FEE, THE COUNTY TREASURER  SHALL  DISTRIBUTE  THE  AMOUNT
COLLECTED  AMONG  THE  AFFECTED  MUNICIPAL CORPORATIONS ACCORDING TO THE
TAXES AND INTEREST OWING TO EACH, PROVIDED THAT IN THE CASE OF THE  STAR
EXEMPTION  AUTHORIZED  BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
CLE, THE AMOUNT COLLECTED, INCLUDING INTEREST,  SHALL  BE  PAID  TO  THE
STATE IN THE MANNER DIRECTED BY THE COMMISSIONER.
  4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
WITH  A POPULATION OF ONE MILLION OR MORE, AN EXEMPTION MAY BE RENOUNCED
ON A FORM PRESCRIBED BY THE COMMISSIONER  OF  FINANCE,  AND  THE  DUTIES
IMPOSED  BY THIS SECTION UPON THE COUNTY TREASURER SHALL BE PERFORMED BY
THE COMMISSIONER OF FINANCE.
  S 3. Paragraph (e) of subdivision 3 of section 550 of the real proper-
ty tax law, as added by chapter 160 of the laws of 1988, is  amended  to
read as follows:
  (e)  an  incorrect  entry of a partial exemption on an assessment roll
for a parcel which is not eligible for such partial exemption;  PROVIDED
THAT  THE  EXEMPTION  HAS  NOT  BEEN  RENOUNCED PURSUANT TO SECTION FOUR
HUNDRED NINETY-SIX OF THIS CHAPTER; or
  S 4. Paragraph (f-1) of subdivision 1 of section 553 of the real prop-
erty tax law, as added by chapter 616 of the laws of 2002, is amended to
read as follows:
  (f-1) an incorrect entry of a partial  exemption  on  the  immediately
preceding year's assessment roll for a parcel which was not eligible for
such  exemption,  provided  that  there has not been a transfer of title
subsequent to the filing of such roll  AND  PROVIDED  FURTHER  THAT  THE
EXEMPTION  HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINE-
TY-SIX OF THIS CHAPTER;
  S 5. Subdivision 2 of section 1306-a of the real property tax law,  as
added  by  section  16  of part B of chapter 389 of the laws of 1997, is
amended to read as follows:
  2. Tax savings. (A)(I) The tax savings for each parcel  receiving  the
exemption authorized by section four hundred twenty-five of this chapter
shall  be computed by subtracting the amount actually levied against the
parcel from the amount that would  have  been  levied  if  not  for  the
exemption,  PROVIDED  HOWEVER,  THAT  BEGINNING  WITH  THE  TWO THOUSAND
ELEVEN-TWO THOUSAND TWELVE SCHOOL YEAR, THE TAX  SAVINGS  APPLICABLE  TO
ANY "PORTION" (WHICH AS USED HEREIN SHALL MEAN THAT PART OF AN ASSESSING
UNIT  LOCATED WITHIN A SCHOOL DISTRICT) SHALL NOT EXCEED THE TAX SAVINGS
APPLICABLE TO THAT PORTION IN THE PRIOR SCHOOL YEAR  MULTIPLIED  BY  ONE
HUNDRED  TWO PERCENT, WITH THE RESULT ROUNDED TO THE NEAREST DOLLAR. THE
TAX SAVINGS ATTRIBUTABLE TO THE BASIC AND ENHANCED EXEMPTIONS  SHALL  BE
CALCULATED SEPARATELY. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSION-
ER   TO   CALCULATE   TAX  SAVINGS  LIMITATIONS  FOR  PURPOSES  OF  THIS
SUBDIVISION.
  (II) THE TAX SAVINGS APPLICABLE TO A  PORTION  FOR  THE  TWO  THOUSAND
TEN-TWO  THOUSAND  ELEVEN SCHOOL YEAR SHALL BE DETERMINED BY MULTIPLYING
THE EXEMPT AMOUNT APPLICABLE TO THE PORTION FOR THE TWO THOUSAND TEN-TWO
THOUSAND ELEVEN SCHOOL YEAR BY THE TAX RATE APPLICABLE  TO  THE  PORTION

S. 2808--B                         57

FOR  THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR, WITH SEPARATE
CALCULATIONS FOR THE BASIC AND ENHANCED EXEMPTIONS.
  (III)  WHERE  A  SCHOOL TAX RATE WAS CHANGED IN THE MIDST OF THE PRIOR
SCHOOL YEAR, AN ANNUALIZED SCHOOL  TAX  RATE  SHALL  BE  USED  FOR  THIS
PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
CALCULATING  THE  AVERAGE  OF  THE  TAX RATES IN EFFECT AT VARIOUS TIMES
DURING THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME  DURING
WHICH THEY WERE RESPECTIVELY APPLICABLE.
  (B) A statement shall then be placed on the tax bill for the parcel in
substantially  the following form: "Your tax savings this year resulting
from the New York state school tax relief (STAR) program is $_______."
  S 6. Section 171-u of the tax law is amended by adding a new  subdivi-
sion 5 to read as follows:
  (5)(A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, THE
COMMISSIONER MAY ADOPT RULES PRESCRIBING A UNIFORM STATEWIDE  SYSTEM  OF
PARCEL  IDENTIFICATION NUMBERS AND A UNIFORM STATEWIDE ASSESSMENT CALEN-
DAR APPLICABLE TO ALL "ASSESSING UNITS", AS  THAT  TERM  IS  DEFINED  BY
SECTION  ONE  HUNDRED TWO OF THE REAL PROPERTY TAX LAW, PROVIDED THAT NO
SUCH RULE SHALL APPLY TO AN ASSESSMENT ROLL WITH A TAXABLE  STATUS  DATE
OCCURRING  PRIOR  TO  JANUARY FIRST, TWO THOUSAND THIRTEEN. THE RULES SO
PRESCRIBED SHALL TAKE PRECEDENCE OVER ANY AND ALL GENERAL,  SPECIAL  AND
LOCAL LAWS, ORDINANCES AND RESOLUTIONS TO THE CONTRARY.
  (B)  THE  UNIFORM  STATEWIDE  ASSESSMENT  CALENDAR SO PRESCRIBED SHALL
PROVIDE FOR A UNIFORM VALUATION DATE, A UNIFORM TAXABLE STATUS  DATE,  A
UNIFORM  DATE  FOR  THE  FILING OF TENTATIVE ASSESSMENT ROLLS, A UNIFORM
DATE FOR THE HEARING OF  COMPLAINTS  ON  TENTATIVE  ASSESSMENTS,  AND  A
UNIFORM  DATE FOR THE FILING OF FINAL ASSESSMENT ROLLS. THE CALENDAR MAY
NOT, HOWEVER, OVERRIDE THE DATES OTHERWISE SET BY LAW FOR  THE  LEVY  OR
COLLECTION  OF TAXES, NOR MAY IT OVERRIDE THE DATES OTHERWISE SET BY LAW
FOR LOCAL FISCAL YEARS TO BEGIN OR END.
  (C) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION,  THE
COMMISSIONER  MAY, AT HIS OR HER DISCRETION, ADOPT RULES THAT ARE APPLI-
CABLE ONLY TO "SPECIAL ASSESSING UNITS," AS  THAT  TERM  IS  DEFINED  BY
SECTION  EIGHTEEN  HUNDRED  ONE  OF  THE  REAL  PROPERTY  TAX LAW, WHICH
PRESCRIBE AN ALTERNATIVE SYSTEM OF PARCEL IDENTIFICATION NUMBERS AND  AN
ALTERNATIVE ASSESSMENT CALENDAR SOLELY FOR SUCH SPECIAL ASSESSING UNITS.
  S 7. This act shall take effect immediately.

                                 PART O

  Section  1. Paragraph c of subdivision 1 of section 4405 of the educa-
tion law, paragraph c as added by section 2 of part G2 of chapter 62  of
the laws of 2003, is amended to read as follows:
  c. Expenditures made by a social services district for the maintenance
of  a  child  with a disability placed in a residential school under the
provisions of this article, including a child with a  disability  placed
by  a  school  district  committee on special education pursuant to this
article in a special act school district, or a state school  subject  to
the  provisions  of articles eighty-seven and eighty-eight of this chap-
ter, shall be subject  to  [twenty]  TWENTY-EIGHT  AND  FOUR  HUNDREDTHS
percent reimbursement by the child's school district of residence pursu-
ant  to  the provisions of subdivision ten of section one hundred fifty-
three of the social services law. The amount of such reimbursement shall
be a charge upon such school district of residence.

S. 2808--B                         58

  S 2. Subdivision 10 of section 153 of  the  social  services  law,  as
amended  by  section  1 of part G2 of chapter 62 of the laws of 2003, is
amended to read as follows:
  10.  Expenditures  made  by a social services district for the mainte-
nance of children with disabilities, placed by school districts,  pursu-
ant  to  section  forty-four hundred five of the education law shall, if
approved by the office of children and family services,  be  subject  to
[forty  percent  reimbursement by the state and twenty] TWENTY-EIGHT AND
FOUR HUNDREDTHS PERCENT REIMBURSEMENT BY THE STATE AND TWENTY-EIGHT  AND
FOUR  HUNDREDTHS percent reimbursement by school districts in accordance
with paragraph (c) of subdivision one of section forty-four hundred five
of the education law, after first deducting therefrom any federal  funds
received  or to be received on account of such expenditures, except that
in the case of a student attending a state-operated school for the  deaf
or  blind pursuant to article eighty-seven or eighty-eight of the educa-
tion law who was not placed in such school by  a  school  district  such
expenditures  shall  be  subject  to  fifty percent reimbursement by the
state after first deducting therefrom any federal funds received  or  to
be  received  on  account  of  such  expenditures  and there shall be no
reimbursement by  school  districts.  Such  expenditures  shall  not  be
subject  to the limitations on state reimbursement contained in subdivi-
sion two of section one hundred fifty-three-k of this  [chapter]  TITLE.
In  the  event of the failure of the school district to make the mainte-
nance payment pursuant to the provisions of this subdivision, the  state
comptroller  shall  withhold  state  reimbursement  to  any  such school
district in an amount equal to the unpaid obligation for maintenance and
pay over such sum to the social services district upon certification  of
the  commissioner  of the office of children and family services and the
commissioner of education that such funds are overdue and owed  by  such
school  district.  The commissioner of the office of children and family
services, in consultation with  the  commissioner  of  education,  shall
promulgate regulations to implement the provisions of this subdivision.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force  and  effect  on  and  after  January  1,  2011;
provided,  however, that the amendments to subdivision 10 of section 153
of the social services law made by section two of  this  act  shall  not
affect the expiration of such subdivision and shall expire therewith.

                                 PART P

  Intentionally omitted.

                                 PART Q

                                SUBPART A

  Intentionally omitted.

                                SUBPART B

  Section 1. Subdivision 3 of section 502 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
  3.  "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three or seven of  the  family
court act, or held pending a hearing for alleged violation of the condi-

S. 2808--B                         59

tions  of  release  from  [a  division] AN OFFICE OF CHILDREN AND FAMILY
SERVICES facility or authorized agency, or held pending  a  hearing  for
alleged  violation of the condition of parole as a juvenile offender, or
held  pending  return  to a jurisdiction other than the one in which the
youth is held, or held pursuant to a securing order of a criminal  court
if  the youth named therein as principal is charged as a juvenile offen-
der or held pending a hearing on an extension of placement or held pend-
ing transfer to a facility upon commitment or placement by a court. Only
alleged or convicted juvenile offenders  who  have  not  attained  their
eighteenth birthday shall be subject to detention in a detention facili-
ty.
  S 2. Subdivision 4, paragraphs (b) and (c) of subdivision 5 and subdi-
vision  7 of section 503 of the executive law, as amended by chapter 465
of the laws of 1992, are amended to read as follows:
  4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES  shall  visit
and  inspect all facilities used for detention and make periodic reports
of the operation and adequacy of  such  facilities,  and  the  need  for
provision  of  such facilities to the county executive, if there be one,
the county legislature and the family court  judges  of  the  county  in
which  such  facilities  are  located,  and the office of court adminis-
tration. The department of social  services  shall  cooperate  with  the
division  for  youth  to  make  arrangements  for  joint  visitation and
inspection of foster care programs certified by the department of social
services and serving youth detained, in cities having  a  population  of
one million or more, pursuant to article seven of the family court act.
  (b)  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may suspend
a certification for good cause shown.  Suspension  shall  mean  that  no
persons  coming  within  the provisions of article three or seven of the
family court act and no alleged or convicted juvenile  offender  may  be
received  for  care in a detention facility, but persons already in care
may remain in care. The [division] OFFICE may impose such conditions  in
the event of a suspension as it shall deem necessary and proper.
  (c)  [The  division]  SUCH  OFFICE may revoke a certification for good
cause shown. Revocation shall mean that no  persons  coming  within  the
provisions  of  article  three  or  seven of the family court act and no
alleged or convicted juvenile offender may  be  received  for  care  nor
remain at the detention facility.
  7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility  shall  deliver  a  certified  transcript of such record to the
[division] OFFICE, social services  district,  or  other  agency  taking
custody  of  the  youth pursuant to article three or seven of the family
court act, before, or at the same time as the youth is delivered to  the
[division] OFFICE, district or other agency, as is appropriate.
  S  3.  Subdivisions 1, 2, 2-a, 3 and 4 of section 530 of the executive
law, subdivisions 1, 3 and 4 as amended by chapter 880 of  the  laws  of
1976,  subdivision  2  as  amended  by  chapter 920 of the laws of 1982,
subdivision 2-a as added and paragraph (a) of subdivision 4  as  amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a  as amended by chapter 465 of the laws of 1992, and paragraph (c) of
subdivision 4 as added by chapter 169 of the laws of 1994,  are  amended
to read as follows:
  1. Definitions. As used in this section, the [terms "local charge" and
"state  charge"  shall  have  the meaning ascribed to them in the social
services law] TERM "MUNICIPALITY" SHALL MEAN A COUNTY, OR A CITY  HAVING
A POPULATION OF ONE MILLION OR MORE.

S. 2808--B                         60

  2.  Expenditures made by [social services districts] MUNICIPALITIES in
providing care, maintenance and supervision to youth in detention facil-
ities designated pursuant to  sections  seven  hundred  twenty-four  and
305.2  of  the family court act and certified by the division for youth,
shall  be  subject  to  reimbursement  by the state upon approval by the
division in accordance with its regulations, as follows:
  (1) the full amount expended by the district for care, maintenance and
supervision of state charges;
  (2) fifty percent of the amount expended for the care, maintenance and
supervision of local charges where counties conform with requirements of
subdivision B of section two hundred eighteen-a of the county law.
  2-a. Expenditures made by the city of  New  York  in  providing  care,
maintenance  and supervision to youth detained pursuant to article seven
of the family court act in foster care facilities approved by the  state
department  of  social services shall be subject to reimbursement by the
state upon the approval of the division, as follows:
  (1) the full per diem rate set  by  the  state  department  of  social
services  for such programs for the care, maintenance and supervision of
state charges;
  (2) fifty percent of the per diem rate set by the state department  of
social  services  for such programs for the care, maintenance and super-
vision of local charges.  Notwithstanding the provisions of this  subdi-
vision,  section three hundred ninety-eight-a of the social services law
shall not apply to facilities certified  by  the  division  pursuant  to
section  five  hundred  three of this chapter.  (A) MUNICIPALITIES SHALL
IMPLEMENT THE USE OF DETENTION RISK ASSESSMENT INSTRUMENTS IN  A  MANNER
PRESCRIBED  BY  THE OFFICE SO AS TO INFORM DETENTION DECISIONS. NOTWITH-
STANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY,  DATA  NECES-
SARY FOR COMPLETION OF A DETENTION RISK ASSESSMENT INSTRUMENT AND CLAIM-
ING REIMBURSEMENT FOR DETENTION SHALL BE SHARED BETWEEN LAW ENFORCEMENT,
PROBATION,  COURTS,  DETENTION  ADMINISTRATORS, AND DETENTION PROVIDERS,
AND A COPY OF THE COMPLETED DETENTION RISK ASSESSMENT  INSTRUMENT  SHALL
BE MADE AVAILABLE TO THE APPLICABLE DETENTION PROVIDER.
  (B)  A  MUNICIPALITY  MAY  ALSO USE THE DETENTION SERVICES FUNDS UNDER
THIS SECTION FOR A PARTICULAR  PROGRAM  YEAR  FOR  FIFTY  PERCENT  STATE
REIMBURSEMENT  FOR  ALTERNATIVE TO DETENTION AND ALTERNATIVE TO RESIDEN-
TIAL PLACEMENT PROGRAMS PROVIDED DURING AN APPLICABLE  PROGRAM  YEAR  TO
AT-RISK,  ALLEGED OR ADJUDICATED JUVENILE DELINQUENTS IN COMMUNITY-BASED
NON-RESIDENTIAL SETTINGS.  ANY CLAIMS SUBMITTED BY  A  MUNICIPALITY  FOR
REIMBURSEMENT  FOR  DETENTION  SERVICES  OR  ALTERNATIVE TO DETENTION OR
RESIDENTIAL PLACEMENT PROGRAMS PROVIDED DURING A PARTICULAR PROGRAM YEAR
FOR WHICH THE MUNICIPALITY DOES NOT RECEIVE STATE REIMBURSEMENT FROM THE
MUNICIPALITY'S DISTRIBUTION OF DETENTION SERVICES FUNDS FOR THAT PROGRAM
YEAR MAY BE CLAIMED AGAINST THE  MUNICIPALITY'S  DISTRIBUTION  OF  FUNDS
AVAILABLE  UNDER  THIS SECTION FOR THE NEXT APPLICABLE PROGRAM YEAR. THE
OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELECTRON-
ICALLY AT SUCH TIMES AND IN  THE  MANNER  AND  FORMAT  REQUIRED  BY  THE
OFFICE.
  3. Wherever detention services are not provided directly or indirectly
by  a  [social  services  district] MUNICIPALITY, the [district] MUNICI-
PALITY shall act as the intermediary between the  [division]  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  and  the agency lawfully providing such
services, for the  purpose  of  claiming  and  receiving  reimbursement,
furnishing  financial  information  and  obtaining approval for reserved
accommodations pursuant to this section.

S. 2808--B                         61

  4. (a) The [social services districts] MUNICIPALITY  must  notify  the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid
received under other state aid formulas by each detention facility, and,
in the city of New York, by each foster care facility which is providing
care,  maintenance and supervision for which the [district] MUNICIPALITY
is seeking reimbursement pursuant to this  section,  including  but  not
limited to, aid for education, probation and mental health services.
  (b)  In  computing  reimbursement  to  the [social services districts]
MUNICIPALITY pursuant to  this  section,  the  [division]  OFFICE  shall
insure  that  the  aggregate  of  state aid under all state aid formulas
shall not exceed fifty percent of the  cost  of  care,  maintenance  and
supervision  provided  TO  detainees,  exclusive of federal aid for such
purposes.
  (c) Reimbursement for administrative related expenditures  as  defined
by the [director of the division for youth] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES,  for  secure  and  nonsecure  detention services shall not
exceed seventeen percent of the total approved expenditures for  facili-
ties of twenty-five beds or more and shall not exceed twenty-one percent
of  the  total approved expenditures for facilities with less than twen-
ty-five beds.
  S 4. Subparagraphs 1 and 2 of  paragraph  (a)  and  paragraph  (b)  of
subdivision 5 of section 530 of the executive law, as amended by chapter
920 of the laws of 1982, are amended to read as follows:
  (1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties  certified pursuant to sections seven hundred twenty-four and 305.2
of the family court act by the [division for youth] OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES,  pending  adjudication  of alleged delinquency or
alleged need of supervision by the family court, or pending transfer  to
institutions  to which committed or placed by such court or while await-
ing disposition by such court after adjudication or held pursuant  to  a
securing  order of a criminal court if the person named therein as prin-
cipal is under sixteen; or,
  (2) temporary care,  maintenance  and  supervision  provided  juvenile
delinquents  and  persons  in  need of supervision in approved detention
facilities at the request of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES pending release revocation hearings or while  await-
ing disposition after such hearings; or
  (b)  Payments made for reserved accommodations, whether or not in full
time use, approved by the [division for youth] OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  and certified pursuant to sections seven hundred twen-
ty-four and 305.2 of the family court  act,  in  order  to  assure  that
adequate  accommodations  will  be available for the immediate reception
and proper care therein of youth for which detention costs are reimburs-
able pursuant to paragraph (a) of this subdivision, shall be  reimbursed
as  expenditures  for care, maintenance and supervision of local charges
under the provisions of this section,  provided  the  [division]  OFFICE
shall have given its prior approval for reserving such accommodations.
  S  5.  Subdivision  9 of section 530 of the executive law, as added by
section 2 of part C of chapter 83 of the laws of  2002,  is  amended  to
read as follows:
  9.  The agency administering detention for each county and the city of
New York shall submit to the office of children and family services,  AT
SUCH  TIMES  AND in such form and manner AND CONTAINING SUCH INFORMATION
as required by the office of children and family services,  a  quarterly
report on youth remanded pursuant to article three or seven of the fami-

S. 2808--B                         62

ly  court act who are detained for forty-five days or more in any twelve
month period INCLUDING THE RISK LEVEL OF EACH DETAINED YOUTH AS ASSESSED
BY A DETENTION RISK ASSESSMENT INSTRUMENT  APPROVED  BY  THE  OFFICE  OF
CHILDREN  AND  FAMILY SERVICES. THE OFFICE MAY REQUIRE THAT SUCH DATA ON
DETENTION USE BE SUBMITTED TO THE OFFICE ELECTRONICALLY.    Such  report
shall  include,  but  not  be  limited to[:], the reason for the court's
determination in accordance with section 320.5 or seven hundred  thirty-
nine  of  the  family  court  act  to  detain  the youth; the offense or
offenses with which the youth is charged; and all other reasons why  the
youth  remains  detained. Detention agencies shall submit each quarterly
report to the office within thirty days of the end of  the  quarter  and
the office shall submit a compilation of all of the separate reports for
the  quarter  to the governor and the legislature within forty-five days
of the end of the quarter. The first quarterly report  shall  cover  the
last quarter of two thousand two.  THE OFFICE SHALL SUBMIT A COMPILATION
OF ALL THE SEPARATE REPORTS TO THE GOVERNOR AND THE LEGISLATURE.
  S  6. Subdivision (c) of section 531 of the executive law, as added by
chapter 43 of the laws of 1978, is amended to read as follows:
  (c) expenditures made by each [such social services district]  MUNICI-
PALITY for the care, maintenance and supervision of youths in secure and
non-secure  detention  for  which  reimbursement is approved pursuant to
section five hundred thirty of this chapter, or for which  reimbursement
is  due  to  the  state  pursuant  to subdivision seven of such section,
including the numbers of such  youths  in  each  category  of  detention
facility and the per diem rates charged.
  S  7.  Paragraph  (b)  of subdivision 3 of section 320.5 of the family
court act, as added by section 1 of part DD of chapter 57 of the laws of
2008, is amended to read as follows:
  (b) Any finding directing detention pursuant to paragraph (a) of  this
subdivision  made  by the court shall state the facts, THE LEVEL OF RISK
THE YOUTH WAS ASSESSED PURSUANT TO A DETENTION RISK  ASSESSMENT  INSTRU-
MENT  APPROVED  BY  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, and THE
reasons for such finding INCLUDING, IF A DETERMINATION IS MADE TO  PLACE
A  YOUTH IN DETENTION WHO WAS ASSESSED AT A LOW OR MEDIUM RISK ON SUCH A
RISK ASSESSMENT INSTRUMENT, THE PARTICULAR  REASONS  WHY  DETENTION  WAS
DETERMINED TO BE NECESSARY.
  S  8. Subdivision (a) of section 735 of the family court act, as added
by section 7 of part E of chapter 57 of the laws of 2005, is amended  to
read as follows:
  (a)  Each  county  and  any city having a population of one million or
more shall offer diversion services as defined in section seven  hundred
twelve  of this article to youth who are at risk of being the subject of
a person in  need  of  supervision  petition.  Such  services  shall  be
designed  to  provide  an  immediate  response to families in crisis, to
identify and utilize appropriate alternatives to detention and  SERVICES
AND  PROGRAMS  to  divert  youth from being the subject of a petition in
family court. Each county and such city shall designate either the local
social services district or the probation department as lead agency  for
the purposes of providing diversion services.
  S 9. The opening paragraph and paragraph 2 of subdivision A and subdi-
visions  B  and  C of section 218-a of the county law, the opening para-
graph of subdivision A as amended by chapter 465 of the  laws  of  1992,
paragraph  2  of  subdivision A as amended by chapter 555 of the laws of
1978, subdivision B as amended by chapter 419 of the laws  of  1987  and
subdivision C as added by section 12 of part E of chapter 57 of the laws
of 2005, are amended to read as follows:

S. 2808--B                         63

  To assure that suitable and conveniently accessible accommodations and
proper and adequate detention in secure and non-secure detention facili-
ties,  as  defined  in section five hundred two of the executive law and
the regulations of the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES,  will  be  available when required for the temporary care,
maintenance and security of alleged and  convicted  juvenile  offenders,
AND alleged and adjudicated juvenile delinquents and alleged and adjudi-
cated persons in need of supervision. Such regulations shall not require
any  county to provide temporary care in a secure detention facility for
residents of any other county except upon a space available  basis.  The
county  executive,  if  there be one, otherwise the board of supervisors
shall designate the agency of  county  government  responsible  for  the
administration  of  the  county  juvenile detention program and shall so
advise the [New York state division for youth] OFFICE  OF  CHILDREN  AND
FAMILY SERVICES, and may make provisions therefor as follows:
  2. Authorize a contract between its county and one or more other coun-
ties,  which  is  or  are  operating a conveniently accessible detention
facility certified by the [division for youth] OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES and in compliance with regulations of the [division for
youth] OFFICE, providing for the reception, temporary accommodation  and
care in such facility of alleged or adjudicated juvenile delinquents and
persons in need of supervision held for or at the direction of its fami-
ly  court, for and in consideration of the payments to be made therefor,
on a per capita basis, pursuant to the terms of such contract.
  B. Notwithstanding any other provision of law, each board of  supervi-
sors shall provide or assure the availability of conveniently accessible
and  adequate  non-secure  detention facilities, certified by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for the family court in the county pursuant to articles seven and  three
of  the  family  court  act, to be operated in compliance with the regu-
lations of the [division for youth] OFFICE for the  temporary  care  and
maintenance  of alleged and adjudicated juvenile delinquents and persons
in need of supervision held for or at the direction of a family court.
  C. Each county shall offer diversion services to children who  are  at
risk of being the subject of a petition under article seven of the fami-
ly  court  act.  Such services shall be designed to provide an immediate
response to families in crisis and to identify and  utilize  appropriate
[alternatives to juvenile detention] SERVICES.
  S 10. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately.

                                 PART R

  Section 1. Paragraph (f) of subdivision 1  of  section  424-a  of  the
social  services  law, as amended by chapter 441 of the laws of 1993, is
amended to read as follows:

S. 2808--B                         64

  (f) The [department] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  shall
charge  a  fee  of  [five]  TWENTY-FIVE dollars when[, pursuant to regu-
lations of the department,] it conducts [a] AN  INITIAL  search  of  its
records OF AN INDIVIDUAL AND FIVE DOLLARS FOR EACH SUBSEQUENT SEARCH FOR
THE INDIVIDUAL, within the statewide central register for child abuse or
maltreatment  in  accordance  with  this  section  or regulations of the
[department] OFFICE to determine whether an applicant for employment [as
specified in paragraph (b) of this subdivision] is  the  subject  of  an
indicated  child  abuse  or maltreatment report[, except that fees shall
not be charged for requests for screenings related to applications  for]
INCLUDING  AN APPLICANT TO BE A child day care [providers or for employ-
ment with child day care providers including requests]  PROVIDER  AND  A
REQUEST  made  pursuant  to  subdivision six of this section.  Such fees
shall be deposited in [an] A SPECIAL REVENUE - OTHER account  and  shall
be  made  available to the [department] OFFICE for costs incurred in the
implementation of this section. [Procedures for  payment  of  such  fees
shall  be  established by the regulations of the department.] THE OFFICE
MUST ESTABLISH PROCEDURES  WHEREBY  ALL  RECORDS  WITHIN  THE  STATEWIDE
CENTRAL  REGISTER FOR CHILD ABUSE OR MALTREATMENT CONTAIN PERSONAL IDEN-
TIFYING INFORMATION THAT WILL  ALLOW  AN  AUTOMATED  SEARCH  OF  RECORDS
RECEIVED ON OR AFTER APRIL FIRST, TWO THOUSAND ELEVEN.
  S  2.  This  act  shall take effect immediately and shall apply to any
request for a search of the records of the statewide central register of
child abuse or maltreatment that is received by the office  of  children
and family services on or after April 1, 2011.

                                 PART S

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  I  of  chapter  58  of  the  laws  of 2010, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal  to  at least $130.00 for each month beginning on or after January
first, two thousand [ten] ELEVEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to  at least $150.00 for each month beginning on or after
January first, two thousand [ten] ELEVEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care, an amount equal to at least $178.00 for each month beginning on or
after January first, two thousand [ten] ELEVEN.
  (d)  for  the  period  commencing January first, two thousand [eleven]
TWELVE, the monthly personal needs allowance shall be an amount equal to
the sum of the amounts set forth in subparagraphs one and  two  of  this
paragraph:
  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2) the amount in subparagraph one of this  paragraph,  multiplied  by
the  percentage  of  any  federal  supplemental  security income cost of
living adjustment which becomes effective on or after January first, two
thousand [eleven] TWELVE, but prior  to  June  thirtieth,  two  thousand
[eleven] TWELVE, rounded to the nearest whole dollar.
  S  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of  part
I of chapter 58 of the laws of 2010, are amended to read as follows:

S. 2808--B                         65

  (a)  On  and  after  January  first, two thousand [ten] ELEVEN, for an
eligible individual living alone, $761.00; and for  an  eligible  couple
living alone, $1115.00.
  (b)  On  and  after  January  first, two thousand [ten] ELEVEN, for an
eligible individual living with others with or without  in-kind  income,
$697.00;  and  for an eligible couple living with others with or without
in-kind income, $1057.00.
  (c) On and after January first, two thousand [ten] ELEVEN, (i) for  an
eligible  individual  receiving  family  care,  $940.48  if he or she is
receiving such care in the city of New York or  the  county  of  Nassau,
Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple
receiving family care in the city of New York or the county  of  Nassau,
Suffolk,  Westchester  or  Rockland,  two  times the amount set forth in
subparagraph (i) of this paragraph; or (iii) for an eligible  individual
receiving  such care in any other county in the state, $902.48; and (iv)
for an eligible couple receiving such care in any other  county  in  the
state,  two  times  the  amount  set forth in subparagraph (iii) of this
paragraph.
  (d) On and after January first, two thousand [ten] ELEVEN, (i) for  an
eligible individual receiving residential care, $1109.00 if he or she is
receiving  such  care  in  the city of New York or the county of Nassau,
Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple
receiving  residential  care  in  the  city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other county in the state, $1079.00;  and
(iv)  for  an eligible couple receiving such care in any other county in
the state, two times the amount set forth in subparagraph (iii) of  this
paragraph.
  (e)  (i) On and after January first, two thousand [ten] ELEVEN, for an
eligible individual receiving enhanced residential care,  $1368.00;  and
(ii)  for  an  eligible  couple receiving enhanced residential care, two
times the amount set forth in subparagraph (i) of this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases  in  federal  supple-
mental  security income benefits for individuals or couples which become
effective on or after January first, two thousand  [eleven]  TWELVE  but
prior to June thirtieth, two thousand [eleven] TWELVE.
  S 3. This act shall take effect December 31, 2011.

                                 PART T

  Section 1. Subdivision 1 of section 341 of the social services law, as
amended  by  section  1  of part D of chapter 61 of the laws of 2006, is
amended to read as follows:
  1. (a) Consistent with federal law and regulations and this title,  if
a  participant  has failed or refused to comply with the requirements of
this title, the social services district shall issue a notice  in  plain
language  indicating  that  such failure or refusal has taken place, THE
EFFECT OF SUCH NONCOMPLIANCE  ON  THE  PARTICIPANT'S  PUBLIC  ASSISTANCE
BENEFITS,  and  of  the  right  of  such  participant to conciliation to
resolve the reasons for such failure or  refusal  to  avoid  a  pro-rata
reduction  OR  DISCONTINUANCE in public assistance benefits for a period
of time set forth in section three hundred forty-two of this title.  The
notice  shall  indicate  the  specific  instance or instances of willful
refusal or failure to comply without good cause with the requirements of

S. 2808--B                         66

this title and the necessary actions that must be taken to avoid a  pro-
rata  reduction  OR  DISCONTINUANCE  in  public assistance benefits. The
notice shall indicate that the  participant  has  [seven]  TEN  days  to
request conciliation with the district regarding such failure or refusal
[in  the  case of a safety net participant and ten days in the case of a
family assistance participant]. PROVIDED, HOWEVER, THAT FOR A MEMBER  OF
A  HOUSEHOLD WITH DEPENDENT CHILDREN WHO DOES NOT REQUEST A CONCILIATION
CONFERENCE WITHIN THE TEN DAY PERIOD, THE LOCAL SOCIAL SERVICES DISTRICT
SHALL MAKE AN ADDITIONAL EFFORT TO CONTACT THE  HOUSEHOLD,  INCLUDING  A
REASONABLE  ATTEMPT  FOR TELEPHONE CONTACT, TO OFFER CONCILIATION AND TO
INDICATE THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST CONCILIATION.  The
notice shall also include an explanation in plain language of what would
constitute  good  cause  for  non-compliance  and examples of acceptable
forms of evidence that may warrant an exemption  from  work  activities,
including  evidence  of domestic violence, and physical or mental health
limitations that may be  provided  at  the  conciliation  conference  to
demonstrate  such good cause for failure to comply with the requirements
of this title.  SUCH NOTICE SHALL ALSO INCLUDE  INFORMATION  TO  EXPLAIN
THE  BENEFITS  OF  COMPLIANCE,  INCLUDING THE AVAILABILITY OF GUARANTEED
CHILD CARE BENEFITS. If the participant does not  contact  the  district
within  the  specified number of days, the district shall issue ten days
notice of intent to discontinue or reduce assistance, pursuant to  regu-
lations of the department. Such notice shall also include a statement of
the  participant's  right  to a fair hearing relating to such discontin-
uance or reduction. If such participant  contacts  the  district  within
[seven  days  in the case of a safety net participant or within ten days
in the case of a family assistance participant] THE SPECIFIED NUMBER  OF
DAYS,  it  will be the responsibility of the participant to give reasons
for such failure or refusal.
  (b) Unless the district determines as a result  of  such  conciliation
process  that  such  failure or refusal was willful and was without good
cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, the district
shall notify such participant in writing, in plain  language  and  in  a
manner  distinct from any previous notice, by issuing ten days notice of
its intent to  discontinue  or  reduce  assistance.  Such  notice  shall
include  the  reasons  for  such determination, the specific instance or
instances of willful refusal or failure to  comply  without  good  cause
with  the requirements of this title, the necessary actions that must be
taken to avoid a pro-rata reduction OR DISCONTINUANCE in public  assist-
ance  benefits, and the right to a fair hearing relating to such discon-
tinuance or reduction.  Unless  extended  by  mutual  agreement  of  the
participant  and the district, conciliation shall terminate and a deter-
mination shall be made within [fourteen]  THIRTY  days  of  the  date  a
request  for  conciliation  is made [in the case of a safety net partic-
ipant or within thirty days of the conciliation notice in the case of  a
family assistance participant].
  S  2.  Subdivision  5  of  section  341  of the social services law is
REPEALED and subdivision 6 is renumbered subdivision 5.
  S 3. Subdivisions 2 and 3 of section 342 of the social  services  law,
as  added  by  section 148 of part B of chapter 436 of the laws of 1997,
are amended to read as follows:
  2. [In] NOTWITHSTANDING  SUBDIVISION  EIGHT  OF  SECTION  ONE  HUNDRED
FIFTY-THREE  OF THIS ARTICLE, IN the case of an applicant for or recipi-
ent of public assistance [who is a parent or caretaker  of  a  dependent

S. 2808--B                         67

child], the public assistance benefits otherwise available to the house-
hold of which such individual is a member shall be [reduced pro-rata]:
  (a) REDUCED PRO-RATA for the first instance of failure to comply with-
out good cause with the requirement of this article until the individual
is willing to comply;
  (b)  TERMINATED  AND CASE CLOSED for the second instance of failure to
comply without good cause with the requirements of this article[, for  a
period  of  three months and thereafter] until the individual is willing
to comply;
  (c) TERMINATED AND CASE  CLOSED  for  the  third  and  all  subsequent
instances  of failure to comply without good cause with the requirements
of this article, for a period of six months [and  thereafter]  OR  until
the individual is willing to comply, WHICHEVER PERIOD IS LONGER.
  3.  [In the case of an individual who is a member of a household with-
out dependent children applying for or in receipt of safety net  assist-
ance the public assistance benefits otherwise available to the household
of which such individual is a member shall be reduced pro-rata:
  (a)  for  the  first  such  failure  or  refusal, until the failure or
refusal ceases or ninety days, which ever period of time is longer;
  (b) for the second such failure or refusal, until the  failure  ceases
or for one hundred fifty days, whichever period of time is longer; and
  (c)  for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of  time
is  longer.]  WITH RESPECT TO THE SANCTIONS SET FORTH IN SUBDIVISION TWO
OF THIS SECTION, IF THE INDIVIDUAL COMPLIES WITH THE REQUIREMENT OF THIS
ARTICLE WITHIN THE SIX-MONTH MINIMUM SANCTION  DURATIONS  SET  FORTH  IN
PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF THIS SECTION THE HOUSEHOLD SHALL
RECEIVE A PRO-RATA REDUCED  GRANT  FOR  THE  REMAINING  MINIMUM  PERIOD.
CONTINUED  COMPLIANCE AFTER THE MINIMUM DURATION SHALL RESTORE THE GRANT
TO THE FULL AMOUNT.
  S 4. The office of temporary and disability assistance,  in  consulta-
tion  with  the  office  of children and family services, shall submit a
report to the chairperson of the senate finance  committee,  the  chair-
person of the assembly ways and means committee, and the director of the
division  of  budget  on  the implementation of the full family sanction
policy. Such report shall include the number of  sanctioned  cases  that
had  their case closed due to the new sanction policy, the monthly bene-
fit of those sanctioned cases that had their cases closed and the number
of sanctioned  cases  involving  case  closure  that  subsequently  were
reopened upon demonstrated willingness to comply with work requirements.
Such  report  shall also determine if there were child welfare referrals
made since October, 1, 2011 that were a function  of  the  new  sanction
policy. This report shall be submitted by December 31, 2012.
  S  5.  This  act shall take effect October 1, 2011 and shall expire on
September 30, 2013, when upon such date the provisions of this act shall
be deemed repealed.

                                 PART U

  Section 1. Paragraph (a-2) of subdivision 2 of section  131-a  of  the
social  services  law,  as added by section 1 of part Y of chapter 57 of
the laws of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand  [ten]  ELEVEN
and  ending  June thirtieth, two thousand [eleven] TWELVE, the following
schedule shall be the standard of monthly need for determining eligibil-

S. 2808--B                         68

ity for all categories of assistance  in  and  by  all  social  services
districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    [$141]      [$225]      [$300]      [$386]      [$477]      [$551]
     $126        $201        $268        $345        $426        $492
  For  each  additional  person in the household there shall be added an
additional amount of [seventy-five] SIXTY-SEVEN dollars monthly.
  S 2. Paragraph (a-3) of subdivision 2 of section 131-a of  the  social
services  law, as added by section 1 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
  (a-3) For the period beginning July first, two  thousand  [eleven  and
thereafter,]  TWELVE  the  following  schedule  shall be the standard of
monthly need for determining eligibility for all categories  of  assist-
ance in and by all social services districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    [$158]      [$252]      [$335]      [$432]      [$533]      [$616]
     $141        $225        $300        $386        $477        $551
  For  each  additional  person in the household there shall be added an
additional amount of [eighty-four] SEVENTY-FIVE dollars monthly.
  S 3. Subdivision 2 of section 131-a of  the  social  services  law  is
amended by adding a new paragraph (a-4) to read as follows:
  (A-4)  FOR  THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
THEREAFTER, THE FOLLOWING SCHEDULE SHALL BE THE STANDARD OF MONTHLY NEED
FOR DETERMINING ELIGIBILITY FOR ALL CATEGORIES OF ASSISTANCE IN  AND  BY
ALL SOCIAL SERVICES DISTRICTS:
                     NUMBER OF PERSONS IN HOUSEHOLD
    ONE         TWO         THREE       FOUR        FIVE        SIX
    $158        $252        $335        $432        $533        $616
  FOR  EACH  ADDITIONAL  PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FOUR DOLLARS MONTHLY.
  S 4. Paragraph (a-2) of subdivision 3 of section 131-a of  the  social
services  law, as added by section 2 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand  [ten]  ELEVEN
and  ending  June  thirtieth,  two thousand [eleven] TWELVE, persons and
families determined to be eligible by the application of the standard of
need prescribed by the provisions of subdivision two  of  this  section,
less  any  available  income  or  resources which are not required to be
disregarded by other provisions of this chapter, shall  receive  maximum
monthly  grants  and  allowances  in  all  social services districts, in
accordance with the following schedule, for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    [$141]      [$225]      [$300]      [$386]      [$477]      [$551]
     $126        $201        $268        $345        $426        $492
  For each additional person in the household there shall  be  added  an
additional amount of [seventy-five] SIXTY-SEVEN dollars monthly.
  S  5.  Paragraph (a-3) of subdivision 3 of section 131-a of the social
services law, as added by section 2 of part Y of chapter 57 of the  laws
of 2009, is amended to read as follows:
  (a-3)  For  the  period beginning July first, two thousand [eleven and
thereafter,] TWELVE persons and families determined to  be  eligible  by
the  application of the standard of need prescribed by the provisions of
subdivision two of this section, less any available income or  resources

S. 2808--B                         69

which  are  not  required  to be disregarded by other provisions of this
chapter, shall receive maximum monthly  grants  and  allowances  in  all
social  services  districts,  in accordance with the following schedule,
for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    [$158]      [$252]      [$335]      [$432]      [$533]      [$616]
     $141        $225        $300        $386        $477        $551
  For  each  additional  person in the household there shall be added an
additional amount of [eighty-four] SEVENTY-FIVE dollars monthly.
  S 6. Subdivision 3 of section 131-a of  the  social  services  law  is
amended by adding a new paragraph (a-4) to read as follows:
  (A-4)  FOR  THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
THEREAFTER, PERSONS AND FAMILIES DETERMINED TO BE ELIGIBLE BY THE APPLI-
CATION OF THE STANDARD OF NEED PRESCRIBED BY THE PROVISIONS OF  SUBDIVI-
SION  TWO  OF THIS SECTION, LESS ANY AVAILABLE INCOME OR RESOURCES WHICH
ARE NOT REQUIRED TO BE DISREGARDED BY OTHER PROVISIONS OF THIS  CHAPTER,
SHALL  RECEIVE  MAXIMUM  MONTHLY  GRANTS  AND  ALLOWANCES  IN ALL SOCIAL
SERVICES DISTRICTS, IN  ACCORDANCE  WITH  THE  FOLLOWING  SCHEDULE,  FOR
PUBLIC ASSISTANCE:
                     NUMBER OF PERSONS IN HOUSEHOLD
    ONE         TWO         THREE       FOUR        FIVE        SIX
    $158        $252        $335        $432        $533        $616
  FOR  EACH  ADDITIONAL  PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FOUR DOLLARS MONTHLY.
  S 7. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART V

  Intentionally omitted.

                                 PART W

  Section  1.  Section  39  of part P2 of chapter 62 of the laws of 2003
amending the state finance law and other laws  relating  to  authorizing
and  directing  the state comptroller to loan money to certain funds and
accounts, as amended by section 1 of part Z of chapter 57 of the laws of
2009, is amended to read as follows:
  S 39. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen  of  this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed;  and  sections
thirty  and thirty-one of this act shall expire December 31, [2011] 2013
and the amendments made to section 69-c of  the  state  finance  law  by
section  thirty-two  of  this  act  shall  not affect the expiration and
repeal of such section and shall be deemed to be expired therewith.
  S 2. This act shall take effect immediately.

                                 PART X

  Section 1. Subdivision 4 of section  661  of  the  education  law,  as
amended  by  chapter  309 of the laws of 1996, paragraph a as amended by
section 1 and paragraph c as amended, paragraphs d and e  as  added  and
paragraph  f as relettered by section 2 of part E-1 of chapter 57 of the

S. 2808--B                         70

laws of 2007 and paragraph f as added by chapter  332  of  the  laws  of
1998, is amended to read as follows:
  4.  Attendance  in approved courses of study in approved institutions.
To be eligible to receive payments from the president a student:
  a. Must be matriculated in an approved  program,  as  defined  by  the
commissioner  pursuant  to article thirteen OF THIS CHAPTER, OR PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION, in an institution  situated  in  the
state,  which has been approved and operating in this state for at least
one year, and has been approved for  participation  in  federal  student
financial  aid  programs  authorized by Title IV of the Higher Education
Act of 1965, as amended. Nothing  in  this  subdivision  shall  preclude
payment  of an award to a recipient who receives instruction outside the
state, which instruction is conducted by an institution situated in  the
state,  and  is  part of the student's program of study at such institu-
tion; provided, however, that nothing in this subdivision shall preclude
the receipt of a loan pursuant to section six  hundred  eighty  of  this
article;  provided,  further,  that  students not attending institutions
eligible for participating in federal Title IV financial aid programs on
or before July first, two thousand seven: (i) who received  their  first
award under this article before the two thousand six--two thousand seven
academic  year  shall  be eligible for payments until the end of the two
thousand nine--two thousand ten academic  year;  or  (ii)  who  received
their first award under this article for the two thousand six--two thou-
sand  seven  academic year through and including the two thousand nine--
two thousand ten academic year shall be eligible for payments until  the
end of the two thousand fourteen--two thousand fifteen academic year.
  b.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY AND THE
RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, THE PRESIDENT  SHALL
MAKE  TUITION  ASSISTANCE PROGRAM AWARDS AVAILABLE TO FULL-TIME RESIDENT
UNDERGRADUATE STUDENTS NOT CURRENTLY ELIGIBLE FOR AWARDS UNDER  SUBDIVI-
SION  THREE  OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART AND WHO ARE
ATTENDING AN EDUCATIONAL INSTITUTION IN THIS STATE THAT:
  (I) IS EXEMPT FROM FEDERAL TAXATION UNDER  SECTION  501(C)(3)  OF  THE
INTERNAL REVENUE CODE; AND
  (II) HAS ITS HEADQUARTERS AND MAIN CAMPUS LOCATED WITHIN THE STATE AND
IS  ELIGIBLE  FOR  FUNDS  UNDER  TITLE IV OF THE HIGHER EDUCATION ACT OF
1965, AS AMENDED; AND
  (III) IS ACCREDITED BY AN  AGENCY  RECOGNIZED  BY  THE  UNITED  STATES
SECRETARY OF EDUCATION, OR BY A SUCCESSOR FEDERAL AGENCY; AND
  (IV) ENROLLMENT IN WHICH INSTITUTION WOULD RENDER THE STUDENT ELIGIBLE
TO  RECEIVE A FEDERAL PELL GRANT IN ACCORDANCE WITH SECTION ONE THOUSAND
SEVENTY OF TITLE TWENTY OF THE UNITED STATES  CODE,  ET.  SEQ.  AND  THE
REGULATIONS PROMULGATED THEREUNDER; AND
  (V)  PROVIDES  A  PROGRAM OF INSTRUCTION LASTING AT LEAST THREE YEARS,
FOR WHICH THE STUDENT IS ENROLLED.
  B-1. TUITION ASSISTANCE PROGRAM AWARDS  THAT  ARE  MADE  AVAILABLE  TO
STUDENTS  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION SHALL NOT BE
AWARDED IF AN APPLICANT:
  (I) DOES NOT MEET THE CITIZENSHIP REQUIREMENTS PURSUANT TO SUBDIVISION
THREE OF THIS SECTION;
  (II) DOES NOT MEET THE INCOME REQUIREMENTS  PURSUANT  TO  SECTION  SIX
HUNDRED SIXTY-THREE OF THIS SUBPART;
  (III) DOES NOT MAINTAIN GOOD ACADEMIC STANDING PURSUANT TO PARAGRAPH C
OF  SUBDIVISION  SIX  OF SECTION SIX HUNDRED SIXTY-FIVE OF THIS SUBPART,
AND IF THERE IS  NO  APPLICABLE  EXISTING  ACADEMIC  STANDARDS  SCHEDULE
PURSUANT TO SUCH SUBDIVISION, THEN SUCH RECIPIENT SHALL BE PLACED ON THE

S. 2808--B                         71

ACADEMIC  STANDARDS  SCHEDULE  APPLICABLE  TO  STUDENTS  ENROLLED  IN  A
FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM;
  (IV)  IS  IN  DEFAULT IN THE REPAYMENT OF ANY STATE OR FEDERAL STUDENT
LOAN, HAS FAILED TO COMPLY WITH  THE  TERMS  OF  ANY  SERVICE  CONDITION
IMPOSED  BY AN ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO THIS ARTICLE,
OR HAS FAILED TO MAKE A REFUND OF ANY AWARD; OR
  (V) IS INCARCERATED IN ANY FEDERAL, STATE OR OTHER PENAL INSTITUTION.
  C. Must be in full-time attendance, as defined  by  the  commissioner,
except  as  otherwise  specifically provided in THIS article [fourteen],
and, for a student having completed his or  her  second  academic  year,
must  have  a  cumulative C average or its equivalent. The president may
waive the requirement that the student have a cumulative  C  average  or
its  equivalent for undue hardship based on: (i) the death of a relative
of the student; (ii) the personal injury or illness of the  student;  or
(iii) other extenuating circumstances; and
  [c.] D. For students who first receive aid pursuant to this chapter in
academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
to  academic  year  two  thousand  six--two  thousand seven, must have a
certificate of graduation from a school providing  secondary  education,
or  the  recognized  equivalent  of such certificate; or have achieved a
passing score, as determined by the United States  secretary  of  educa-
tion,  on  a  federally approved examination which demonstrates that the
student can benefit from the education being offered;
  [d.] E. For students who first receive aid pursuant to this chapter in
academic year two thousand six--two thousand seven, must have a  certif-
icate  of graduation from a recognized school providing secondary educa-
tion within the United States, or  the  recognized  equivalent  of  such
certificate, or have been admitted to such institution after receiving a
passing  score  on a federally approved ability to benefit test that has
been independently  administered  and  evaluated,  as  provided  by  the
commissioner;
  [e.] F. For students who first receive aid pursuant to this chapter in
academic year two thousand seven--two thousand eight or thereafter, must
have  (i)  a certificate of graduation from a school providing secondary
education from a state within the United States; or (ii) the  recognized
equivalent  of  such certificate; or (iii) received a passing score on a
federally approved ability to benefit test that has been  identified  by
the  board of regents as satisfying the eligibility requirements of this
section and has been independently administered and evaluated as defined
by the commissioner[.];
  [f. for] G. FOR students who are disabled as defined by the  Americans
With  Disability  Act  of  1990,  42 USC 12101, the full-time attendance
requirement is eliminated. Such disabled students may  be  in  part-time
attendance,  as  defined  by the commissioner in order to be eligible to
receive payments from the president.
  S 2. Subdivision 8-b of section 355 of the education law, as added  by
section  2  of  part GG of chapter 57 of the laws of 2009, is amended to
read as follows:
  8-b. Notwithstanding the provision of any law, rule or  regulation  to
the contrary, the state university shall be entitled to annually receive
an  apportionment  and  payment  of state assistance equal to all moneys
derived as a result of the tuition increase, calculated as  the  differ-
ence  in  the amount generated using the tuition rates authorized by the
state university trustees for the two thousand seven--two thousand eight
academic year and the amount generated using the tuition  rates  author-
ized  by  state university trustees for the two thousand nine--two thou-

S. 2808--B                         72

sand ten academic year, pursuant to the following schedule: for the  two
thousand  nine--two  thousand  ten  academic  year, the state university
shall receive  an  amount  equal  to  twenty  percent  of  such  tuition
increase;  for  the two thousand ten--two thousand eleven academic year,
the state university shall receive an amount equal to thirty percent  of
such  tuition increase; for the two thousand eleven--two thousand twelve
academic year, the state university shall receive  an  amount  equal  to
forty  percent  of  such  tuition  increase;  [and] for the two thousand
twelve--two thousand thirteen academic year, the state university  shall
receive  an amount equal to [fifty] SEVENTY-FIVE percent of such tuition
increase; AND FOR  THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
ACADEMIC  YEAR  AND  EACH ACADEMIC YEAR THEREAFTER, THE STATE UNIVERSITY
SHALL RECEIVE AN AMOUNT EQUAL TO ONE HUNDRED  PERCENT  OF  SUCH  TUITION
INCREASE. Such apportionment shall be for the enhanced investment in the
state  university  of the state of New York and shall be used to supple-
ment, not supplant, state gross general fund support, unless the  direc-
tor  of the budget determines that state fiscal conditions preclude such
an outcome and, in which  case,  the  director  shall  submit  a  report
regarding  the  recommended  funding  levels  and  whether  the  tuition
increase apportionment provisions of this subdivision have been complied
with for the state university of the state of New York to the chairs  of
the  senate  finance committee and the assembly ways and means committee
and the chairs of the senate higher education committee and the assembly
higher education committee no later  than  fifteen  days  following  the
release of the executive budget.
  S  3.  This  act shall take effect immediately; provided, that section
one of this act shall apply to semesters commencing on and after January
1, 2012 and to all subsequent academic years.

                                 PART Y

  Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
355 of the education law, as amended by chapter 309 of the laws of 1996,
is amended to read as follows:
  (4)  The trustees shall not impose a differential tuition charge based
upon need or income. All students enrolled in programs leading  to  like
degrees  at state-operated institutions of the state university shall be
charged a uniform rate of tuition except for differential tuition  rates
based  on  state  residency.  Provided,  however, THAT FOR THE 2011-2012
ACADEMIC YEAR THE TRUSTEES MAY AUTHORIZE A FIVE PERCENT TUITION INCREASE
PER SEMESTER FOR OUT-OF-STATE RESIDENTS. PROVIDED FURTHER, HOWEVER, THAT
ONE HUNDRED PERCENT OF THE TUITION REVENUE GENERATED  BY  SUCH  INCREASE
SHALL BE RETAINED BY THE STATE UNIVERSITY OF NEW YORK AND that the trus-
tees  may authorize the presidents of the colleges of technology and the
colleges of agriculture and technology to set differing rates of tuition
for each of  the  colleges  for  students  enrolled  in  degree-granting
programs leading to an associate degree and non-degree granting programs
so long as such tuition rate does not exceed the tuition rate charged to
students  who  are  enrolled  in like degree programs or degree-granting
undergraduate programs leading to a baccalaureate degree at other state-
operated institutions of the state university of New York. The  trustees
shall not adopt changes affecting tuition charges prior to the enactment
of the annual budget.
  S 2. This act shall take effect immediately.

                                 PART Z

S. 2808--B                         73

  Section  1. Subdivision 3 of section 458-b of the social services law,
as added by section 4 of part F of chapter 58 of the laws  of  2010,  is
amended to read as follows:
  3. If the social services official determines that the child is eligi-
ble  for  kinship guardianship assistance payments and it is in the best
interests of the child for the relative to become the legal guardian  of
the child, the social services official [shall] MAY enter into an agree-
ment with the prospective relative guardian authorizing the provision of
kinship  guardianship  assistance  payments,  non-recurring guardianship
payments, and other services and payments  available  under  this  title
subject  to  the issuance by the court of letters of guardianship of the
child to the prospective relative guardian and the child  being  finally
discharged  from foster care to such relative. In determining whether it
is in the best interests of the child for the  relative  to  become  the
relative guardian of the child, the social services official must deter-
mine and document that compelling reasons exist for determining that the
return  home  of  the child and the adoption of the child are not in the
best interests of the child and are, therefore, not appropriate  perman-
ency options. A copy of the fully executed agreement must be provided by
the social services official to the prospective relative guardian.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 4 of part F of chapter 58 of the laws  of  2010  takes
effect.

                                 PART AA

  Section  1.  Section  353.3  of  the  family  court act, as amended by
section 6 of part G of chapter 58 of the laws of  2010,  is  amended  to
read as follows:
  S  353.3  Placement. 1. In accordance with section 352.2 of this part,
the court may place the respondent in his or her  own  home  or  in  the
custody  of  a suitable relative or other suitable private person or the
commissioner of the local social services  district  or  the  office  of
children and family services pursuant to article nineteen-G of the exec-
utive law, subject to the orders of the court.
  2.  Where  the respondent is placed with the commissioner of the local
social services district, the court may direct the commissioner to place
him or her with an authorized agency or class  of  authorized  agencies,
including,  if  the  court  finds  that  the  respondent  is  a sexually
exploited child as defined in subdivision one of  section  four  hundred
forty-seven-a  of  the  social services law, an available long-term safe
house. Unless the dispositional order provides otherwise, the  court  so
directing  shall  include  one of the following alternatives to apply in
the event that the commissioner is unable to so place the respondent:
  (a) the commissioner shall apply to the court for an  order  to  stay,
modify,  set  aside, or vacate such directive pursuant to the provisions
of section 355.1 of this part; or
  (b) the commissioner shall return the respondent to the  family  court
for a new dispositional hearing and order.
  3.  Where  the  respondent  is  placed with the office of children and
family services, the court shall[, unless it directs the office to place
him or her with an authorized agency or class  of  authorized  agencies,
including if the court finds that the respondent is a sexually exploited
child  as  defined in subdivision one of section four hundred forty-sev-
en-a of the social services  law,  an  available  long-term  safe  house

S. 2808--B                         74

pursuant  to  subdivision four of this section,] authorize the office to
do one of the following:
  (a) place the respondent in a secure facility [without a further hear-
ing  at  any  time  or  from time to time during the first sixty days of
residency  in  office  of  children  and  family  services   facilities.
Notwithstanding  the discretion of the office to place the respondent in
a secure facility at any time during the first sixty days  of  residency
in a office of children and family services facility, the respondent may
be placed in a non-secure facility. In the event that the office desires
to  transfer  a  respondent  to  a secure facility at any time after the
first sixty days of residency in office facilities, a hearing  shall  be
held pursuant to subdivision three of section five hundred four-a of the
executive law]; or
  (b)  place the respondent in a limited secure facility. The respondent
may be transferred by the office to a secure facility after a hearing is
held pursuant to section five  hundred  four-a  of  the  executive  law;
provided,  however,  that  during  the first twenty days of residency in
office facilities, the respondent shall not be transferred to  a  secure
facility  unless  the  respondent has committed an act or acts which are
exceptionally dangerous to the respondent or to others[; or
  (c) place the respondent  in  a  non-secure  facility.  No  respondent
placed  pursuant  to  this paragraph may be transferred by the office of
children and family services to a secure facility].
  4. [Where the respondent is placed with the  office  of  children  and
family services, the court may direct the office to place the respondent
with an authorized agency or class of authorized agencies, including, if
the  court  finds  that  the respondent is a sexually exploited child as
defined in subdivision one of section four hundred forty-seven-a of  the
social services law, an available long-term safe house, and in the event
the  office  is  unable  to so place the respondent or, discontinues the
placement with the authorized agency, the respondent shall be deemed  to
have  been  placed  with  the office pursuant to paragraph (b) or (c) of
subdivision three of this section. In such cases, the office shall noti-
fy the court, presentment agency, respondent's attorney  and  parent  or
other  person  responsible  for the respondent's care, of the reason for
discontinuing the placement with the authorized agency and the level and
location of the youth's placement.
  5.] If the respondent has committed a felony  the  initial  period  of
placement  shall  not  exceed  eighteen  months.  If  the respondent has
committed a misdemeanor such  initial  period  of  placement  shall  not
exceed  twelve  months.  If the respondent has been in detention pending
disposition, the initial period of placement ordered under this  section
shall be credited with and diminished by the amount of time spent by the
respondent  in  detention  prior  to  the  commencement of the placement
unless the court finds that all or part of such credit would  not  serve
the  needs  and  best  interests  of  the  respondent  or  the  need for
protection of the community.
  [6.] 5. The court may at any time conduct a hearing in accordance with
section 355.1 of this part concerning the need for continuing  a  place-
ment.
  6. IN THE CASE OF A RESPONDENT PLACED PURSUANT TO SUBDIVISION THREE OF
THIS  SECTION,  SHOULD  THE  COURT  DETERMINE THAT PLACEMENT IN A SECURE
FACILITY IS NO LONGER NECESSARY, THE COURT MAY EITHER PLACE THE RESPOND-
ENT IN A LIMITED SECURE FACILITY OR MAY PROCEED TO SCHEDULE A NEW DISPO-
SITIONAL HEARING AND ENTER AN ORDER UNDER SECTION 352.2 OF THIS PART.

S. 2808--B                         75

  7. The place in which or the person with whom the respondent has  been
placed  under  this section shall submit a report to the court, respond-
ent's attorney of record, and presentment agency at  the  conclusion  of
the  placement  period,  except as provided in paragraphs (a) and (b) of
this  subdivision.  Such  report  shall include recommendations and such
supporting data as is appropriate. The  court  may  extend  a  placement
pursuant to section 355.3 of this part.
  (a)  Where  the  respondent  is  placed pursuant to subdivision two or
three of this section and where the agency is not seeking  an  extension
of  the  placement  pursuant  to section 355.3 of this part, such report
shall be submitted not later than thirty days prior to the conclusion of
the placement.
  (b) Where the respondent is placed  pursuant  to  subdivision  two  or
three  of  this  section and where the agency is seeking an extension of
the placement pursuant to section 355.3 of this part  and  a  permanency
hearing  pursuant  to  section  355.5 of this part, such report shall be
submitted not later than sixty days prior  to  the  date  on  which  the
permanency hearing must be held and shall be annexed to the petition for
a permanency hearing and extension of placement.
  (c)  Where  the  respondent  is placed pursuant to subdivision two [or
three] of this section,  such  report  shall  contain  a  plan  for  the
release,  or conditional release (pursuant to section five hundred ten-a
of the executive law), of the respondent to the custody of  his  or  her
parent  or other person legally responsible, to independent living or to
another permanency alternative as provided in paragraph (d) of  subdivi-
sion  seven  of section 355.5 of this part. If the respondent is subject
to article sixty-five of the education law or elects to  participate  in
an educational program leading to a high school diploma, such plan shall
include, but not be limited to, the steps that the agency with which the
respondent  is  placed  has  taken  and will be taking to facilitate the
enrollment of the respondent in a school or educational program  leading
to  a  high school diploma following release, or, if such release occurs
during the summer recess, upon the commencement of the next school term.
If the respondent is not subject to article sixty-five of the  education
law  and does not elect to participate in an educational program leading
to a high school diploma, such plan shall include, but  not  be  limited
to,  the  steps  that the agency with which the respondent is placed has
taken and will be taking to assist the respondent  to  become  gainfully
employed or enrolled in a vocational program following release.
  8.  In  its discretion, the court may recommend restitution or require
services for the public good pursuant to section 353.6 of this  part  in
conjunction with an order of placement.
  9.  If  the  court places a respondent with the office of children and
family services pursuant to this section after finding that  such  child
committed a felony, the court may, in its discretion, further order that
such  respondent shall be confined in a residential facility for a mini-
mum period set by the order, not to exceed six months.
  10. A placement pursuant to this section with the commissioner of  the
local  social  services  district shall not be directed in any detention
facility, but the court may  direct  detention  pending  transfer  to  a
placement  authorized  and  ordered  under this section for no more than
thirty days after the order of placement is made or in  a  city  of  one
million  or  more,  for  no  more  than fifteen days after such order of
placement is made. Such direction shall be subject to extension pursuant
to subdivision three of section three hundred ninety-eight of the social
services law.

S. 2808--B                         76

  S 2. Section 504 of the executive law, the section heading as amended,
subdivisions 1 and 3 as added and such section as renumbered by  chapter
465  of  the laws of 1992 and subdivisions 2 and 4 as amended by chapter
687 of the laws of 1993, is amended to read as follows:
  S 504. [Division]  OFFICE  OF CHILDREN AND FAMILY SERVICES facilities.
1. The [division] OFFICE OF CHILDREN AND  FAMILY  SERVICES,  HEREINAFTER
REFERRED  TO  AS  THE "OFFICE," shall operate and maintain secure[,] AND
limited secure [and non-secure] facilities for the care, custody, treat-
ment, housing, education, rehabilitation and guidance  of  youth  placed
with or committed to the [division] OFFICE.
  2.  Each separate facility may bear the name, designated by the [divi-
sion] OFFICE, of an individual known for outstanding service to youth.
  3. A youth attending a local public school while  in  residence  at  a
[division]  OFFICE  facility  shall  be  deemed a resident of the school
district where the youth's parent or guardian resides at  the  commence-
ment  of  each  school  year for the purpose of determining which school
district shall be responsible for the youth's tuition.
  4. The [division] OFFICE shall  determine  the  particular  [division]
facility [or program] in which a child placed with the [division] OFFICE
shall  be  cared for, based upon an evaluation of such child. [The divi-
sion shall also have authority to  discharge  or  conditionally  release
children  placed  with  it  and to transfer such children from a limited
secure or non-secure facility to any other limited secure or  non-secure
facility,  when  the  interest  of  such  children requires such action;
provided that a child transferred to a non-secure facility from a limit-
ed secure facility may be returned to a limited secure facility  upon  a
determination  by  the division that, for any reason, care and treatment
at the non-secure facility is no longer suitable.]
  S 3. Section 507-a of the executive law, as amended by chapter 465  of
the  laws  of 1992, paragraph (a) of subdivision 1 as amended by chapter
309 of the laws of 1996, is amended to read as follows:
  S 507-a. Placement and commitment WITH  THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES;  procedures. 1. Youth may be placed in or committed to
the custody of the [division] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
HEREINAFTER REFERRED TO AS THE "OFFICE":
  (a)  for  placement,  as  a juvenile delinquent pursuant to the family
court act; or
  (b) for commitment pursuant to the penal law.
  2. (a) Consistent with other provisions of law, only those  youth  who
have  reached the age of seven but who have not reached the age of twen-
ty-one may be placed in, committed to  or  remain  in  the  [division's]
OFFICE'S  custody.  Whenever  it shall appear to the satisfaction of the
[division] OFFICE that any youth placed therewith is not of  proper  age
to  be so placed or is not properly placed, or is mentally or physically
incapable of being materially benefited by the program of the [division]
OFFICE, the [division] OFFICE shall cause the return of  such  youth  to
the county from which placement was made.
  (b)  The  [division] OFFICE shall deliver such youth to the custody of
the placing court, along with the records  provided  to  the  [division]
OFFICE pursuant to section five hundred seven-b of this [article] TITLE,
there  to be dealt with by the court in all respects as though no place-
ment had been made.
  (c) The cost and expense of the care and return of such youth incurred
by the [division] OFFICE shall be reimbursed to the state by the  social
services  district  from  which  such  youth  was  placed  in the manner
provided by section five hundred twenty-nine of this article.

S. 2808--B                         77

  3. The [division] OFFICE may photograph  any  youth  in  its  custody.
Such  photograph  may  be  used only for the purpose of assisting in the
return of conditionally  released  children  and  runaways  pursuant  to
section  five  hundred  ten-b  of this article. Such photograph shall be
destroyed  immediately  upon  the discharge of the youth from [division]
OFFICE custody.
  4. (a) A youth placed with or committed to the [division] OFFICE  may,
immediately  following placement or commitment, be remanded to an appro-
priate detention facility.
  (b) The [division] OFFICE shall admit a child placed with  the  [divi-
sion]  OFFICE to a facility [of the division] within fifteen days of the
date of the order of placement [with the division]  and  shall  admit  a
juvenile  offender  committed to the [division] OFFICE to a facility [of
the division] within ten days of the date of the order of commitment [to
the division, except as provided in section five hundred seven-b of this
article.
  5. Consistent with other provisions of law, in the discretion  of  the
director, youth who attain the age of eighteen while in division custody
may  reside  in  a  non-secure  facility  until  the  age of twenty-one,
provided that such youth attend a full-time  vocational  or  educational
program and are likely to benefit from such program].
  S  4. Section 507-b of the executive law, as amended by chapter 465 of
the laws of 1992, subdivision 4 as added by chapter 687 of the  laws  of
1993, is amended to read as follows:
  S 507-b. Placement  and  commitment  WITH  THE  OFFICE OF CHILDREN AND
FAMILY SERVICES; papers to be furnished. 1.  No placement or  commitment
order  to the [division] OFFICE OF CHILDREN AND FAMILY SERVICES, HEREIN-
AFTER REFERRED TO AS THE "OFFICE," which recites the facts upon which it
was based shall be deemed or held to be invalid by reason of any  imper-
fection or defect in form.
  2.  The  court  shall  immediately notify the [division] OFFICE of the
placement or commitment of any youth therewith.  The orders of the court
and copies of the probation report and  all  other  relevant  evaluative
records  in  the  possession  of  the  court,  detention  facility,  and
probation department related to such youth, including but not limited to
any diagnostic,  educational,  medical,  psychological  and  psychiatric
records, fingerprints, photographs, a certified copy of the sentence and
any  pre-sentence  memoranda filed with the court, where applicable, and
reports relating to assaults or other violent acts, attempts at  suicide
or  escape  by  the  youth shall be delivered together with the youth or
earlier to a person authorized by the director  to  receive  the  child,
notwithstanding any contrary provision of law.
  3.  The  court  shall,  before  placing  or committing any such youth,
inquire into and determine the age of the youth at the time of placement
or commitment, and the youth's age as so determined shall be  stated  in
the  order.   The statement of the age of such youth in such order shall
be conclusive evidence as to such age in any action to  recover  damages
for allegedly unlawful detention under such order, and shall be presump-
tive  evidence thereof in any other inquiry, action or proceeding relat-
ing to such detention.
  [4. Notwithstanding the time  frames  provided  in  paragraph  (b)  of
subdivision  four  of  section five hundred seven-a of this article, the
division may delay acceptance of a youth  placed  or  committed  to  the
division  in  accordance  with division regulations promulgated prior to
the effective date of this subdivision.]
  S 5. This act shall take effect April 1, 2012.

S. 2808--B                         78

                                 PART BB

  Section  1.  Section 507-a of the executive law is amended by adding a
new subdivision 6 to read as follows:
  6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE  AN  ELEC-
TRONIC WEEKLY REPORT TO THE LEGISLATURE INCLUDING THE FOLLOWING INFORMA-
TION FOR EACH FACILITY OPERATED BY SUCH OFFICE:
  (A) BUDGETED CAPACITY;
  (B) AVAILABLE CAPACITY;
  (C) POPULATION;
  (D) TEMPORARY ABSENCES;
  (E) TOTAL YOUTH;
  (F) TEMPORARY BEDS;
  (G) VACANCIES (-)/OVERAGE; AND
  (H)  THE  NUMBER  OF  YOUTH  IN THE CUSTODY OF SUCH OFFICE WHO ARE NOT
RESIDING IN A FACILITY OPERATED BY SUCH OFFICE.
  S 2. This act shall take effect April 1, 2011.

                                 PART CC

  Section 1. Subdivision 1 of section 131-a of the social services  law,
as  amended  by section 12 of part B of chapter 436 of the laws of 1997,
is amended to read as follows:
  1. Any inconsistent provision of this chapter or  other  law  notwith-
standing,  social  services  officials  shall,  in  accordance  with the
provisions of this section and regulations of  the  department,  provide
public  assistance  to  needy persons who constitute or are members of a
family household, who are determined to be eligible in  accordance  with
standards  of  need  established  in  subdivision  two  OF THIS SECTION.
Provision for such persons, for all items of need,  less  any  available
income  or  resources  which are not required to be disregarded by other
provisions of this chapter,  shall  be  made  in  accordance  with  this
section.  Such provision shall be made in monthly or semi-monthly allow-
ances and grants within the limits of the schedules included in subdivi-
sion three of this section, except for additional amounts which shall be
included therein for shelter, fuel for heating, additional cost of meals
for persons who are unable to prepare meals at home, and for other items
for which specific provision is otherwise made in article five  OF  THIS
CHAPTER,  AND EXCEPT THAT, WHERE A HOUSEHOLD IS LIVING TOGETHER WITH ONE
OR MORE PERSONS IN RECEIPT OF SUPPLEMENTAL SECURITY INCOME WHO ARE CLAS-
SIFIED BY THE FEDERAL SOCIAL SECURITY ADMINISTRATION  AS  LIVING  ALONE,
THE  AMOUNT  IN  SUCH SCHEDULE SHALL BE APPORTIONED PRO RATA. As used in
this section the term "shelter" may include a grant not  to  exceed  two
thousand  five  hundred  dollars toward the purchase of an interest in a
cooperative. A social services  official  shall  require  assignment  of
recipient's  equity  in  such cooperative housing in accordance with the
rules of the board and regulations of the department.
  S 2. This act shall take effect April  1,  2011  and  shall  apply  to
grants paid on and after October 1, 2011.

                                 PART DD

  Section  1.  Subdivision 10 of section 159 of the social services law,
as amended by chapter 713 of the laws of 2005, is  amended  to  read  as
follows:

S. 2808--B                         79

  10.  Social services [district] DISTRICTS providing safety net assist-
ance to persons receiving care as defined in paragraphs (c), (d) and (e)
of subdivision three of section two hundred nine of [the social services
law] THIS ARTICLE shall pay such facility at the rate provided for  care
and maintenance under the supplemental security income program for bene-
ficiaries  of  that program in the same facility, less the amount of any
personal needs allowance included in the supplemental security  program.
In  addition,  social  services  districts  shall  provide  such persons
receiving safety net assistance with a personal needs allowance  in  the
amount included in the supplemental security payment level as a personal
needs  allowance  for recipients of that program residing in the partic-
ular facility; EXCEPT THAT THEY SHALL PROVIDE SUCH PERSONS RESIDING IN A
RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM OR  COMMUNITY  RESIDENTIAL
FACILITY  FOR  ALCOHOLISM,  AS  THOSE TERMS ARE USED IN PARAGRAPH (D) OF
SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS  ARTICLE,  WITH  A
PERSONAL NEEDS ALLOWANCE OF FORTY-FIVE DOLLARS PER MONTH.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2011.

                                 PART EE

  Section 1. Subdivisions 2, 3, 7 and 8 of section 3012-c of the  educa-
tion  law,  as  added by chapter 103 of the laws of 2010, are amended to
read as follows:
  2. a. The annual professional performance reviews  conducted  pursuant
to  this  section  for  classroom teachers and building principals shall
differentiate teacher and principal effectiveness  using  the  following
quality  rating  categories: highly effective, effective, developing and
ineffective, with explicit minimum and maximum scoring ranges  for  each
category,  as  prescribed  in  the regulations of the commissioner. Such
annual professional performance reviews shall result in a single compos-
ite teacher or principal effectiveness score, which incorporates  multi-
ple  measures  of  effectiveness related to the criteria included in the
regulations of the commissioner. Except for the student growth  measures
prescribed  in  paragraphs  e, f and g of this subdivision, the elements
comprising the composite effectiveness score shall be locally developed,
consistent with the standards  prescribed  in  the  regulations  of  the
commissioner,  through  negotiations conducted, pursuant to the require-
ments of article fourteen of the civil service law.
  b.  Annual  professional  performance  reviews  conducted  by   school
districts  on  or  after  July  first,  two thousand eleven of classroom
teachers of common branch subjects or English language arts or mathemat-
ics in grades four to eight and all building principals  of  schools  in
which  such  teachers  are  employed shall be conducted pursuant to this
subdivision and shall use two thousand ten--two thousand  eleven  school
year  student  data  as  the baseline for the initial computation of the
composite teacher or principal effectiveness score  for  such  classroom
teachers and principals.
  c.   Annual  professional  performance  reviews  conducted  by  school
districts or boards of cooperative educational services on or after July
first, two thousand [twelve] ELEVEN of all classroom  teachers  and  all
building  principals shall be conducted pursuant to this subdivision and
shall use two thousand [eleven] TEN--two thousand [twelve] ELEVEN school
year student data as the baseline for the  initial  computation  of  the
composite  teacher  or  principal effectiveness score for such classroom
teachers and principals. For purposes of this section, an  administrator

S. 2808--B                         80

in  charge  of an instructional program of a board of cooperative educa-
tional services shall be deemed to be a building principal.
  d.  Prior  to  any  evaluation being conducted in accordance with this
section, each individual who is responsible for conducting an evaluation
of a teacher or building principal shall receive appropriate training in
accordance with the regulations of the commissioner of education.
  e. For annual professional performance reviews conducted in accordance
with paragraph b of this subdivision in  the  two  thousand  eleven--two
thousand  twelve  school  year,  forty percent of the composite score of
effectiveness shall be based on student achievement measures as follows:
(i) twenty percent of the evaluation shall be based upon student  growth
data  on state assessments as prescribed by the commissioner or a compa-
rable measure of student growth if such growth data  is  not  available;
and  (ii)  twenty percent shall be based on other locally selected meas-
ures of student achievement that  are  determined  to  be  rigorous  and
comparable  across  classrooms in accordance with the regulations of the
commissioner and as are developed locally in a  manner  consistent  with
procedures  negotiated  pursuant to the requirements of article fourteen
of the civil service law.
  f. For annual professional performance reviews conducted in accordance
with paragraph c of this subdivision in any school  year  prior  to  the
first  school  year for which the board of regents has approved use of a
value-added growth model, but not earlier than the two thousand [twelve]
ELEVEN--two thousand [thirteen] TWELVE school year, forty percent of the
composite score of effectiveness shall be based on  student  achievement
measures as follows: (i) twenty percent of the evaluation shall be based
upon  student  growth  data  on  state  assessments as prescribed by the
commissioner or a comparable measure of student growth  if  such  growth
data  is  not available; and (ii) twenty percent shall be based on other
locally selected measures of student achievement that are determined  to
be  rigorous  and  comparable  across  classrooms in accordance with the
regulations of the commissioner and as are developed locally in a manner
consistent with procedures negotiated pursuant to  the  requirements  of
article fourteen of the civil service law.
  g. For annual professional performance reviews conducted in accordance
with  paragraph c of this subdivision in the first school year for which
the board of regents has approved use of a value-added growth model  and
thereafter,  forty percent of the composite score of effectiveness shall
be based on student achievement measures  as  follows:  (i)  twenty-five
percent  of  the  evaluation  shall be based upon student growth data on
state assessments as prescribed by  the  commissioner  or  a  comparable
measure of student growth if such growth data is not available; and (ii)
fifteen  percent  shall  be  based on other locally selected measures of
student achievement that are determined to be  rigorous  and  comparable
across classrooms in accordance with the regulations of the commissioner
and  as  are  locally  developed  in a manner consistent with procedures
negotiated pursuant to the requirements of article fourteen of the civil
service law. The department shall develop the value-added  growth  model
and  shall  consult  with the advisory committee established pursuant to
subdivision seven of this section prior to recommending that  the  board
of regents approve its use in evaluations.
  h. The remaining percent of the evaluations, ratings and effectiveness
scores  shall  be  locally  developed,  consistent  with  the  standards
prescribed in the regulations of the commissioner, through  negotiations
conducted pursuant to article fourteen of the civil service law.

S. 2808--B                         81

  i.  For  purposes  of this section, student growth means the change in
student achievement for an individual student between two or more points
in time.
  3.  Nothing  in  this  section  shall  be  construed  to excuse school
districts or boards of cooperative educational services  from  complying
with  the standards set forth in the regulations of the commissioner for
conducting annual professional performance reviews of classroom teachers
or principals, including but not  limited  to  required  quality  rating
categories,  in conducting evaluations prior to July first, two thousand
eleven, [or] AND, for classroom teachers or principals subject to  para-
graph  c  of  subdivision  two of this section, prior to July first, two
thousand [twelve] ELEVEN.
  7. The regulations adopted pursuant to this section shall be developed
in consultation with an advisory committee consisting of representatives
of teachers, principals,  superintendents  of  schools,  school  boards,
school  district and board of cooperative educational services officials
and other interested parties.  The  regulations  shall  also  take  into
account  any  (i)  professional  teaching  standards; (ii) standards for
professional contexts; and (iii) standards for  a  continuum  of  system
support  for  teachers and principals developed in consultation with the
advisory committee. Regulations promulgated  pursuant  to  this  section
shall  be effective no later than [July] MAY first, two thousand eleven,
for implementation in  the  two  thousand  eleven--two  thousand  twelve
school year.
  8.  Notwithstanding  any other provision of law, rule or regulation to
the contrary, all collective bargaining agreements applicable to  class-
room  teachers or building principals entered into after July first, two
thousand ten shall be consistent  with  requirements  of  this  section.
Nothing  in  this section shall be construed to abrogate any conflicting
provisions of any collective bargaining  agreement  in  effect  on  July
first,  two thousand ten during the term of such agreement and until the
entry into a successor collective bargaining  agreement,  provided  that
notwithstanding any other provision of law to the contrary, upon expira-
tion  of  such term and the entry into a successor collective bargaining
agreement the provisions of this  section  shall  apply.    Furthermore,
nothing  in  this section or in any rule or regulation promulgated here-
under shall in any way, alter, impair or diminish the rights of a  local
collective  bargaining representative to negotiate evaluation procedures
in accordance with article fourteen of the civil service  law  with  the
school  district  or board of cooperative educational services; PROVIDED
HOWEVER SHOULD A SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  AND A LOCAL COLLECTIVE BARGAINING REPRESENTATIVE FAIL TO AGREE
TO NEW EVALUATION PROCEDURES NO LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR
TO THE START OF THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR
AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE REFERRED TO THE  PUBLIC
EMPLOYMENT  RELATIONS  BOARD FOR ARBITRATION. WITHIN TWO DAYS OF RECEIPT
OF NOTIFICATION FROM THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCA-
TIONAL  SERVICES  OR THE LOCAL COLLECTIVE BARGAINING REPRESENTATIVE, THE
BOARD SHALL SUBMIT TO THE PARTIES A  LIST  OF  QUALIFIED,  DISINTERESTED
PERSONS  FOR  THE  SELECTION  OF  A  SINGLE ARBITRATOR. EACH PARTY SHALL
ALTERNATELY STRIKE FROM THE LIST ONE OF THE  NAMES  WITH  THE  ORDER  OF
STRIKING  DETERMINED  BY  LOT,  UNTIL  THE REMAINING ONE PERSON SHALL BE
DESIGNATED TO HEAR THE MATTER. THIS PROCESS SHALL  BE  COMPLETED  WITHIN
ONE  DAY  OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE BOARD OF
THE DESIGNATED ARBITRATOR. THE ARBITRATION SHALL BE COMMENCED  NO  LATER
THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS FROM THE DATE OF

S. 2808--B                         82

THE  NOTIFICATION  OF  THE BOARD PROVIDED THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE  CONTRARY,  NO  ADJOURNMENTS
MAY  BE  GRANTED  THAT  WOULD  EXTEND THE ARBITRATION BEYOND SUCH THIRTY
DAYS.    THE ARBITRATOR SHALL ISSUE A DECISION TO THE PARTIES WITHIN TEN
DAYS UPON COMPLETION OF THE HEARING. SAID DECISION SHALL  BE  FINAL  AND
BINDING ON THE RESPECTIVE PARTIES FOR THE TWO THOUSAND ELEVEN--TWO THOU-
SAND  TWELVE  SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS AND NOT SUBJECT TO
JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-FIVE OF THE  CIVIL  PRACTICE
LAW  AND  RULES  OR  ANY  OTHER  LAW, RULE OR REGULATION. THE RESPECTIVE
PARTIES SHALL EQUALLY SHARE THE COST OF  THE  ARBITRATOR.    SHOULD  THE
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND A LOCAL
COLLECTIVE  BARGAINING  REPRESENTATIVE  FAIL  TO AGREE TO NEW EVALUATION
PROCEDURES PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL  SERVICE  LAW  NO
LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE START OF EACH SUCCESSIVE
SCHOOL  YEAR,  THE  PUBLIC ARBITRATION PROCESS SET FORTH IN THIS SECTION
SHALL APPLY FOR EACH SUCCESSIVE SCHOOL YEAR FOR WHICH THERE IS NO AGREED
TO EVALUATION PROCESS.
  S 2. Intentionally omitted.
  S 3. The section heading of section 2588  of  the  education  law,  as
added by chapter 521 of the laws of 1976, is amended to read as follows:
  Seniority, retention and displacement rights in connection with aboli-
tion  of positions in city school districts of cities having [more than]
one million inhabitants OR MORE.
  S 4. Subdivision 3 of section 2588 of the education  law  is  REPEALED
and a new subdivision 3 is added to read as follows:
  3.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES'  COLLECTIVE
BARGAINING  AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE  PURSUANT  TO
THE  REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT  AN  EMPLOYEE'S  LENGTH  OF
SERVICE  TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL  BE
LAID  OFF;  PROVIDED,  HOWEVER,  THAT ANY CONSIDERATION OF AN EMPLOYEE'S
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND  THAT  ANY  SUCH
LOCALLY  ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO  BE  ABOLISHED
AND  WHICH  PERSONS  OCCUPYING  SUCH  POSITIONS  SHALL  BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH LOCALLY ESTABLISHED PROCESS  MUST  ENSURE
THAT  HIGH  QUALITY  TEACHERS  IN HIGH-NEED SCHOOLS ARE NOT LAID OFF AND
THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE
REDUCTIONS PURSUANT TO A  CITYWIDE  LAYOFF;  PROVIDED  HOWEVER,  NOTHING
SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
A  LICENSE  AREA  PURSUANT  TO  SUBPARAGRAPH (IV) OF THIS PARAGRAPH. FOR
PURPOSES OF THIS SECTION, A HIGH-NEED  SCHOOL  SHALL  BE  DEFINED  AS  A
SCHOOL  IN  WHICH  AT  LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE  LUNCH  PROGRAM.  FOR
POSITIONS  COVERED  BY  SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER,
ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE SIGNIFICANTLY BASED  ON  THE
ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW  FOR  TEACHERS AND SUPERVISORS
PURSUANT TO SECTION THREE THOUSAND TWELVE-C  OF  THIS  CHAPTER  AND  ITS
IMPLEMENTING  REGULATIONS.  UNTIL  AND  UNLESS  SUCH  A PROCESS HAS BEEN
ESTABLISHED AT LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF  ANY  SUCH
ABOLISHMENT  OR  REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE

S. 2808--B                         83

FOR THE TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR,  THE
FOLLOWING SHALL APPLY:
  (I)  THE  FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF PRIOR TO
ANY OTHER TEACHERS OR SUPERVISORS:
  (A) ANY TEACHER OR SUPERVISOR WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
TORY" ON HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW IN  THE  LAST
FIVE SCHOOL YEARS;
  (B)  ANY TEACHER OR SUPERVISOR WHO RECEIVED ONE RATING OF "UNSATISFAC-
TORY" ON HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW  IN  THE  TWO
THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR;
  (C)  ANY  TEACHER  OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED  WITHOUT  PAY
AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER  OR  AS  A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER;
  (D) ANY TEACHER OR SUPERVISOR NOT CURRENTLY  APPOINTED  TO  A  REGULAR
POSITION IN A SCHOOL FOR A PERIOD OF SIX MONTHS OR MORE AS OF THE EFFEC-
TIVE DATE OF ANY CITYWIDE LAYOFF PURSUANT TO THIS SECTION;
  (E)  ANY  TEACHER  OR  SUPERVISOR  CONVICTED  OF A QUALIFYING CRIMINAL
OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
SUPERVISOR. "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
  (1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY  CLASS  B  MISDEMEANOR
UNDER  ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
TY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED  TWENTY,
TWO  HUNDRED  THIRTY,  TWO  HUNDRED  FORTY-FIVE,  TWO HUNDRED SIXTY, TWO
HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE  PENAL  LAW,  OR  A
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
  (2)  ANY  OFFENSE  IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A
TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF  WHETHER  SUCH  SENTENCE
WAS IMPOSED, OR
  (3)  ANY  OFFENSE  IN  ANY  OTHER JURISDICTION THE COMMISSION OF WHICH
CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE  ONE
HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
FORTY,  ONE  HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY,
TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO  HUNDRED  SIXTY-THREE  OR
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
SECTIONS  ELEVEN  HUNDRED  NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF
THE VEHICLE AND TRAFFIC LAW;
  (F) ANY TEACHER OR SUPERVISOR, IF THE PERSON IS  A  TENURED  EMPLOYEE,
WHO  WITHIN  THE  LAST  FIVE  YEARS  HAS BEEN FINED AS A PENALTY IMPOSED
PURSUANT TO CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC LATENESS, OR
IMPROPER USE OR RECORDING OF LEAVE TIME OR AS A RESULT OF SETTLEMENT  OF
CHARGES  BROUGHT  PURSUANT  TO  CHARGES  RELATED TO CHRONIC ABSENTEEISM,
CHRONIC LATENESS OR IMPROPER USE OR RECORDING OF LEAVE TIME;
  (G) ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS  WAS  THE
SUBJECT  OF  AN  INVESTIGATION  WHERE  ALLEGATIONS  OF  MISCONDUCT  WERE
SUBSTANTIATED BY THE CITY  SCHOOL  DISTRICT'S  SPECIAL  COMMISSIONER  OF
INVESTIGATION,  THE  CITY  SCHOOL  DISTRICT'S OFFICE OF SPECIAL INVESTI-
GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY; AND
  (H) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL  ALL  REQUIRE-
MENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST THIRTY-FIRST OF
THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF;

S. 2808--B                         84

  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE  CONTRARY,  IN  THE  CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING  OR  SUPERVISORY
EMPLOYEES  THAT  ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH  IS  GREATER  THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
ISHED OR REDUCED AS A RESULT OF A CITYWIDE  LAYOFF,  THEN  THE  DECISION
CONCERNING  WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL  BE  MADE  IN  ACCORDANCE
WITH THIS SUBPARAGRAPH.
  THE  FOLLOWING  PROTOCOL  SHALL BE USED UNTIL SUCH TIME THAT THE TOTAL
NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO THE TOTAL NUMBER OF  TEACHING
OR  SUPERVISORY  POSITIONS  ABOLISHED. FOR PURPOSES OF THE PROTOCOL, THE
CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), AND  (H)
OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHABETICALLY (A)
THROUGH  (H), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST PRIORITY AND
(H) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL  SHALL  BE  ESTAB-
LISHED AS FOLLOWS:
  (A)  TEACHERS  OR SUPERVISORS WHO FALL WITHIN ALL EIGHT OF THE CATEGO-
RIES LISTED AS CLAUSES (A), (B), (C), (D), (E),  (F),  (G)  AND  (H)  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
  (B)  TEACHERS  OR  SUPERVISORS WHO FALL WITHIN SEVEN OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF  SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE SEVEN CATEGORIES;
  (C) TEACHERS OR SUPERVISORS WHO FALL  WITHIN  SIX  OF  THE  CATEGORIES
LISTED  AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE SIX CATEGORIES;
  (D)  TEACHERS  OR  SUPERVISORS  WHO FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF  SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE FIVE CATEGORIES;
  (E) TEACHERS OR SUPERVISORS WHO FALL WITHIN  FOUR  OF  THE  CATEGORIES
LISTED  AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE FOUR CATEGORIES;
  (F)  TEACHERS  OR  SUPERVISORS WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF  SUBPARA-
GRAPH  (I)  OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE THREE CATEGORIES;
  (G) TEACHERS OR SUPERVISORS WHO FALL  WITHIN  TWO  OF  THE  CATEGORIES
LISTED  AS CLAUSES (A), (B), (C), (D), (E), (F), (G) AND (H) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK  PRIORITY  OF
THOSE TWO CATEGORIES;
  (H)  TEACHERS  OR SUPERVISORS WHO RECEIVED TWO RATINGS OF "UNSATISFAC-
TORY" IN ANY OF THE LAST FIVE SCHOOL YEARS ON THEIR ANNUAL  PROFESSIONAL
PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
THAN  THERE  ARE  PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
  (1) A TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF  UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND
  (2)  A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
THE MOST RECENT YEAR OR YEARS;
  (I) A TEACHER OR SUPERVISOR WHO RECEIVED AN UNSATISFACTORY  RATING  IN
EITHER  THE TWO THOUSAND NINE--TWO THOUSAND TEN OR TWO THOUSAND TEN--TWO

S. 2808--B                         85

THOUSAND ELEVEN SCHOOL YEAR, HOWEVER THAT IF FEWER LAYOFFS ARE  REQUIRED
THAN  THERE  ARE  PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
  (1)  A  TEACHER  OR SUPERVISOR WITH UNSATISFACTORY RATINGS IN BOTH TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN; AND
  (2) A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED  IN
THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR;
  (J)  ANY  TEACHER  OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE,
WHO WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED  WITHOUT  PAY
AS A PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER  OR  AS  A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER  THAT
IF  FEWER  LAYOFFS  ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY
PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
  (K) ANY TEACHER OR SUPERVISOR WITH A CURRENT STATUS AS  A  TEACHER  OR
SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT  TO  THIS  SECTION; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE  DONE
IN  ORDER  OF  PERSONS  WHO HAVE BEEN WITHOUT AN APPOINTED POSITION TO A
SCHOOL THE LONGEST PERIOD OF TIME;
  (L) ANY TEACHER OR  SUPERVISOR  CONVICTED  OF  A  QUALIFYING  CRIMINAL
OFFENSE IN THE PAST FIVE YEARS AND SINCE BEING APPOINTED AS A TEACHER OR
SUPERVISOR.  "QUALIFYING CRIMINAL OFFENSE" SHALL MEAN:
  (1)  ANY  FELONY,  ANY CLASS A MISDEMEANOR, OR ANY CLASS B MISDEMEANOR
UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED  THIR-
TY-FIVE,  ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY,
TWO HUNDRED THIRTY, TWO  HUNDRED  FORTY-FIVE,  TWO  HUNDRED  SIXTY,  TWO
HUNDRED  SIXTY-THREE  OR  TWO  HUNDRED  SIXTY-FIVE OF THE PENAL LAW OR A
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR
  (2) ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A  SENTENCE  TO  A
TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED
AND  IS  AUTHORIZED  IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE
WAS IMPOSED, OR
  (3) ANY OFFENSE IN ANY OTHER  JURISDICTION  THE  COMMISSION  OF  WHICH
CONSTITUTES  THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTICLE ONE
HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO  HUNDRED  THIRTY,
TWO  HUNDRED  FORTY-FIVE,  TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER
SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN  HUNDRED  NINETY-THREE  OF
THE VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED  THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
IN THE FOLLOWING ORDER:
  I. A TEACHER OR SUPERVISOR CONVICTED OF A  FELONY  IN  THE  LAST  FIVE
YEARS AND SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR, WITH LAYOFFS
DONE  BASED  UPON  THE  CHRONOLOGICAL  ORDER  OF THE DATE OF CONVICTION,
BEGINNING WITH THE MOST RECENT; AND
  II. A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN  THE
LAST  FIVE  YEARS  AND SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR,
WITH LAYOFFS DONE BASED UPON THE CHRONOLOGICAL  ORDER  OF  THE  DATE  OF
CONVICTION, BEGINNING WITH THE MOST RECENT; AND
  III.  A  TEACHER  OR  SUPERVISOR  CONVICTED IN THE LAST FIVE YEARS AND
SINCE BEING APPOINTED AS A TEACHER OR SUPERVISOR OF A CLASS B  MISDEMEA-

S. 2808--B                         86

NOR  UNDER  ARTICLE  ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED
THIRTY-FIVE, ONE HUNDRED FORTY,  ONE  HUNDRED  FIFTY-FIVE,  TWO  HUNDRED
TWENTY,  TWO  HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY,
TWO  HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A
MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN  HUNDRED
NINETY-THREE  OF  THE  VEHICLE  AND TRAFFIC LAW, WITH LAYOFFS DONE BASED
UPON THE CHRONOLOGICAL ORDER OF THE DATE OF CONVICTION,  BEGINNING  WITH
THE MOST RECENT;
  (M)  ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A PENALTY OR
AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
OR LATENESS, OR IMPROPER USE  OR  RECORDING  OF  LEAVE  TIME;  PROVIDED,
HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
  (N)  ANY  TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
SUBJECT  OF  AN  INVESTIGATION  WHERE  ALLEGATIONS  OF  MISCONDUCT  WERE
SUBSTANTIATED  BY  THE  CITY  SCHOOL  DISTRICT'S SPECIAL COMMISSIONER OF
INVESTIGATION, THE CITY SCHOOL DISTRICT'S  OFFICE  OF  SPECIAL  INVESTI-
GATIONS  OR  THE  CITY  SCHOOL  DISTRICT'S  OFFICE OF EQUAL OPPORTUNITY,
PROVIDED HOWEVER IF THERE ARE FEWER LAYOFFS THAN THERE  ARE  PERSONS  IN
THIS  CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT INVES-
TIGATION OF SUBSTANTIATED ALLEGATIONS; AND
  (O) ANY TEACHER OR SUPERVISOR  WHO  HAS  FAILED  TO  FULFILL  ALL  THE
REQUIREMENTS  FOR  STATE  CERTIFICATION AS OF AUGUST THIRTY-FIRST OF THE
SCHOOL YEAR IN WHICH THERE IS A CITYWIDE  LAYOFF,  PROVIDED  HOWEVER  IF
THERE  ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY, TEACH-
ERS WHO HAVE BEEN WITHOUT FULL CERTIFICATION  FROM  THE  DEPARTMENT  THE
LONGEST SHALL BE LAID OFF FIRST.
  (III)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR  SUPERVISORY
POSITIONS  THAT  ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF  THIS  PARA-
GRAPH  IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOLISHED
OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL POSITIONS ARE TO BE
ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSITIONS  ARE  TO  BE  LAID
OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARAGRAPH.  UPON NOTIFICA-
TION  BY  THE  CITY  SCHOOL  DISTRICT OF THE PUBLIC EMPLOYMENT RELATIONS
BOARD, THE MATTER OF HOW ADDITIONAL LAYOFFS SHALL BE  EFFECTUATED  SHALL
BE  REFERRED  TO ARBITRATION. WITHIN TWO DAYS OF RECEIPT OF THE PETITION
THE BOARD SHALL SUBMIT TO THE PARTIES A LIST OF QUALIFIED, DISINTERESTED
PERSONS FOR THE SELECTION OF  A  SINGLE  ARBITRATOR.  EACH  PARTY  SHALL
ALTERNATELY  STRIKE  FROM  THE  LIST  ONE OF THE NAMES WITH THE ORDER OF
STRIKING DETERMINED BY LOT, UNTIL THE  REMAINING  ONE  PERSON  SHALL  BE
DESIGNATED  TO  HEAR  THE MATTER. THIS PROCESS SHALL BE COMPLETED WITHIN
ONE DAY OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE  BOARD  OF
THE  DESIGNATED ARBITRATOR.  THE ARBITRATION SHALL BE COMMENCED NO LATER
THAN SEVEN DAYS AND COMPLETED NO LATER THAN THIRTY DAYS OF THE DATE  THE
PARTIES  NOTIFIED  THE  BOARD  OF  THE  DESIGNATION  OF  THE ARBITRATOR,
PROVIDED THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGU-
LATION TO THE CONTRARY, NO ADJOURNMENTS MAY BE GRANTED THAT WOULD EXTEND
THE  ARBITRATION  BEYOND SUCH THIRTY DAYS.  THE ARBITRATOR SHALL ISSUE A
DECISION TO THE PARTIES WITHIN TEN DAYS OF COMPLETION  OF  THE  HEARING.
SAID  DECISION  SHALL BE FINAL AND BINDING ON THE RESPECTIVE PARTIES AND
NOT SUBJECT TO JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-FIVE  OF  THE
CIVIL  PRACTICE LAW AND RULES OR ANY OTHER LAW, RULE OR REGULATION. EACH
OF THE RESPECTIVE PARTIES SHALL EQUALLY SHARE THE COST OF  THE  ARBITRA-
TOR.  ANY DECISION ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL NOT PERMIT

S. 2808--B                         87

AN  EMPLOYEE'S  LENGTH  OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS  OCCUPY-
ING  SUCH  POSITIONS  SHALL  BE  LAID  OFF;  PROVIDED, HOWEVER, THAT ANY
CONSIDERATION  OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE  LAID  OFF
OCCUPYING  SUCH  POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
TO AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A  FACTOR
IN  ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND PROVIDED FURTHER
THAT ANY DECISION MUST ENSURE THAT IN A HIGH-NEED SCHOOL THE  NUMBER  OF
STAFF  LAID OFF SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER OF
POSITIONS IN THE SCHOOL THAT REPRESENTS HALF OF THE  AVERAGE  PERCENTAGE
OF  STAFF  LAID  OFF  CITYWIDE; PROVIDED HOWEVER, SAID PERCENTAGE MAY BE
EXCEEDED WHERE THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS
IN A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH.  SAID
PERCENTAGES  SHALL  BE  CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS
LAID OFF PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS  PARAGRAPH.  FOR
PURPOSES  OF  THIS  SECTION,  A  HIGH-NEED  SCHOOL SHALL BE DEFINED AS A
SCHOOL IN WHICH AT LEAST NINETY PERCENT OF  THE  ENROLLED  STUDENTS  ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS
OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND DECISION ISSUED PURSU-
ANT  TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, OR THE LAYOFFS EFFECTUATED
PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH, THE CITY SCHOOL DISTRICT
SHALL NOT BE PROHIBITED FROM  ABOLISHING  ALL  POSITIONS  IN  AN  ENTIRE
LICENSE AREA.
  (V)  SHOULD  THE  CITY  SCHOOL  DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS FAIL TO  ESTABLISH  A  PROCEDURE  GOVERNING  THE  ABOLISHMENT  OR
REDUCTION  OF  TEACHING  OR  SUPERVISORY  POSITIONS CITYWIDE PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW  NO  LATER  THAN  NINETY  DAYS
PRIOR  TO THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND
SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL BE  SUBMITTED  TO  ARBITRATION
PURSUANT  TO  THE  PROCEDURES  IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION. ANY DECISION ISSUED PURSUANT TO  THIS
SUBPARAGRAPH  SHALL  BE  SIGNIFICANTLY  BASED ON THE ANNUAL PROFESSIONAL
PERFORMANCE REVIEW FOR THE PRECEDING SCHOOL  YEAR  PURSUANT  TO  SECTION
THREE  THOUSAND TWELVE-C OF THIS CHAPTER AND SHALL NOT PERMIT AN EMPLOY-
EE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY  DECISION  REGARDING
WHICH  POSITIONS  ARE  TO  BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
POSITIONS SHALL BE LAID OFF; PROVIDED, HOWEVER, THAT  ANY  CONSIDERATION
OF  AN  EMPLOYEE'S  LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR
FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO  BE  LAID  OFF  OCCUPYING
SUCH  POSITIONS  MAY  ONLY  BE  CONSIDERED  IN A MANNER BENEFICIAL TO AN
EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY
DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND  PROVIDED  FURTHER  THAT
ANY  DECISION ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID
OFF SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER  OF  POSITIONS
IN  THE  SCHOOL  THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF
LAID OFF CITYWIDE; PROVIDED HOWEVER, SAID  PERCENTAGE  MAY  BE  EXCEEDED
WHERE  THE  CITY  SCHOOL  DISTRICT CHOOSES TO ABOLISH ALL POSITIONS IN A
LICENSE AREA PURSUANT TO  SUBPARAGRAPH  (IV)  OF  THIS  PARAGRAPH.  SAID
PERCENTAGES  SHALL  BE  CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS
LAID OFF PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS
SUBDIVISION. FOR PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL  SHALL  BE

S. 2808--B                         88

DEFINED  AS  A  SCHOOL  IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED
STUDENTS ARE ELIGIBLE APPLICANTS FOR THE FREE AND  REDUCED  PRICE  LUNCH
PROGRAM.
  (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT  AND  ITS  EMPLOYEES'  COLLECTIVE
BARGAINING  AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL  SCHOOLS
IN  ORDER  TO  MEET SCHOOL BUDGETARY NEEDS, REORGANIZE FUNCTIONS, OR FOR
OTHER COMPELLING REASONS OUTSIDE OF A CITYWIDE REDUCTION  IN  ACCORDANCE
WITH  PARAGRAPH (A) OF THIS SUBDIVISION, PURSUANT TO THE REQUIREMENTS OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY  ESTABLISHED
PROCESS  SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
WHICH PERSONS OCCUPYING  SUCH  POSITIONS  SHALL  BE  EXCESSED;  PROVIDED
HOWEVER  THAT  ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
COMPETENT SERVICE AS A  FACTOR  FOR  THE  ABOLISHMENT  OF  POSITIONS  OR
PERSONS  TO  BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION  OF  ANY
SUCH  REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN
ANY DECISION REGARDING WHICH POSITIONS ARE TO  BE  ABOLISHED  AND  WHICH
PERSONS  OCCUPYING  SUCH  POSITIONS  SHALL  BE  EXCESSED.  FOR POSITIONS
COVERED BY SECTION THREE THOUSAND TWELVE-C OF  THIS  CHAPTER,  ANY  SUCH
LOCALLY  DEVELOPED  PROCESS  SHALL  BE SIGNIFICANTLY BASED ON THE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
SUCH SECTION THREE THOUSAND TWELVE-C AND ITS  IMPLEMENTING  REGULATIONS.
UNTIL  AND  UNLESS  SUCH  A PROCESS HAS BEEN ESTABLISHED AT LEAST NINETY
DAYS BEFORE THE START OF THE TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE
SCHOOL YEAR, THE FOLLOWING SHALL APPLY:
  (I)  DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL BE
MADE IN ACCORDANCE WITH THE SAME PROCESS PRESCRIBED  FOR  MAKING  LAYOFF
DECISIONS  SET  FORTH  IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT  MUST
BE  EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE MATTER SHALL BE REFERRED
TO ARBITRATION AS SET FORTH IN SUBPARAGRAPH (III) OF  PARAGRAPH  (A)  OF
THIS  SUBDIVISION.    ANY  DECISION  BY  AN  ARBITRATOR PURSUANT TO THIS
SUBPARAGRAPH SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE  THE
SOLE  FACTOR  IN  ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOL-
ISHED AND WHICH PERSONS OCCUPYING  SUCH  POSITIONS  SHALL  BE  EXCESSED;
PROVIDED  HOWEVER  THAT  ANY  CONSIDERATION  OF  AN EMPLOYEE'S LENGTH OF
FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF  POSI-
TIONS  OR  PERSONS  TO  BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE
CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE  PROMULGA-
TION  OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO  BE  ABOLISHED
AND  WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. THE ARBI-
TRATOR SHALL FURTHER BE REQUIRED TO INCORPORATE THE FOLLOWING FACTORS IN
ANY AWARD SETTING FORTH A PROCESS FOR THE DISTRICT REGARDING WHICH POSI-
TIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS  ARE
TO BE EXCESSED:
  (A) SCHOOLS' NEEDS FOR PARTICULAR LICENSE AREAS; AND
  (B) WHEN MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
AREA:
  (1)  SIGNIFICANT  RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR PERFORM-
ANCE OF EACH SUCH PERSON;

S. 2808--B                         89

  (2) RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH SUCH PERSON
AS DEMONSTRATED ON THE JOB;
  (3)  OFFICE  OR  SCHOOL NEEDS, INCLUDING CURRICULUM SPECIALIZED EDUCA-
TION, DEGREES, LICENSES OR AREAS OF EXPERTISE; AND
  (4) LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.  SHOULD  CITY-
WIDE  LAYOFFS  IN  ACCORDANCE  WITH PARAGRAPH (A) OF THIS SUBDIVISION BE
CARRIED OUT, A DETERMINATION OF WHETHER ANY TEACHER OR SUPERVISOR  SHALL
BE  LAID  OFF  WHOSE POSITION HAS BEEN ABOLISHED AND IS IN EXCESS FROM A
REGULARLY APPOINTED POSITION IN THE DISTRICT FOR LESS THAN  SIX  MONTHS,
SHALL BE MADE PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION.
  (II)  SHOULD  THE  CITY  SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS FAIL TO  ESTABLISH  A  PROCEDURE  GOVERNING  THE  ABOLISHMENT  OR
REDUCTION  OF  TEACHING  OR  SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL  SERVICE  LAW  NO  LATER  THAN
NINETY  DAYS  PRIOR  TO  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS, THE MATTER SHALL  BE  SUBMITTED
TO ARBITRATION PURSUANT TO THE PROCEDURES IN SUBPARAGRAPH (III) OF PARA-
GRAPH A OF SUBDIVISION THREE OF THIS SECTION. ANY DECISION ISSUED PURSU-
ANT  TO  THIS  SUBPARAGRAPH  SHALL  BE SIGNIFICANTLY BASED ON THE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW FOR THE PRECEDING SCHOOL  YEAR  PURSUANT
TO  SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND SHALL NOT PERMIT
AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR  IN  ANY  DECISION
REGARDING  WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
ING SUCH POSITIONS  SHALL  BE  EXCESSED;  PROVIDED,  HOWEVER,  THAT  ANY
CONSIDERATION  OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO  BE  EXCESSED
OCCUPYING  SUCH  POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
TO AN EMPLOYEE AND SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A  FACTOR
IN  ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED;
  S 5. Subdivision 4 of section 2588 of the education  law  is  REPEALED
and a new subdivision 4 is added to read as follows:
  4.  WHENEVER  A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSUANT
TO SUBPARAGRAPH (III) OF PARAGRAPH (A)  OF  SUBDIVISION  THREE  OF  THIS
SECTION EFFECTIVE BEFORE OR DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE  SCHOOL  YEAR, SHOULD A VACANCY OCCUR IN THE SAME POSITION AT THE
SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF  THE  DATE  WHEN
THE  POSITION  WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCELLOR OR HIS OR
HER DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO HELD THE  POSI-
TION  BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE OFFER, OR FAILS
TO RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON SHALL  NO  LONGER
HAVE  A  RIGHT  TO RETURN TO THE POSITION. IF MORE THAN ONE POSITION WAS
ABOLISHED IN THE SAME LICENSE AREA AT THE SAME SCHOOL OR  ADMINISTRATIVE
OFFICE,  AND  THERE  ARE  FEWER  VACANCIES IN THE SAME LICENSE AREA THAN
PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE CHANCELLOR
SHALL HAVE THE DISCRETION TO DETERMINE WHICH PERSON  SHOULD  BE  OFFERED
THE  POSITION  FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE TO DETER-
MINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF  PURSU-
ANT  TO  SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION. TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO  SUBPARAGRAPH  (I)
OF  PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS SECTION AND SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF SUBDIVISION THREE  OF  THIS  SECTION,  AND  ALL
TEACHERS  OR SUPERVISORS LAID OFF EFFECTIVE FOR THE TWO THOUSAND TWELVE-
-TWO THOUSAND THIRTEEN SCHOOL YEAR AND BEYOND, SHALL HAVE NO  RIGHTS  TO
RETURN TO A VACANT POSITION PURSUANT TO THIS SECTION.

S. 2808--B                         90

  S 6. Subdivision 7 of section 2588 of the education law is REPEALED.
  S 7. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 8. This act shall take effect immediately.

                                 PART FF

  Section 1. Section 3 of part NN of chapter 57  of  the  laws  of  2008
relating  to  authorizing the New York state mortgage agency to transfer
certain moneys, as amended by section 1 of part B of chapter  2  of  the
laws of 2009, is amended to read as follows:
  S 3. (A) Within the amounts transferred to the corporation pursuant to
section  one  of  this  act  for the greater Catskills flood remediation
program, the corporation shall provide funds to the counties of  Broome,
Chenango,  Delaware,  Herkimer,  Montgomery,  Orange, Otsego, Schoharie,
Sullivan, Tioga and Ulster, upon application by a county and within  the
amounts  available  for disbursement to such county, to enable the coun-
ties to purchase and demolish one or two family  homes  that  have  been
certified  by  the local building inspector and county emergency manage-
ment director, to the satisfaction of the corporation,  as  having  been
subject  to one or more incidents of flooding since April 1, 2004 and as
likely to be subject  to  a  future  flood  incident  that  would  cause
substantial damage thereto. Any application by a county for disbursement
of  funds  under  this act shall demonstrate, to the satisfaction of the
corporation, that: (1) the home is occupied as the primary residence  of
an  owner with a family income of up to one hundred fifty percent of the
area median income as defined by the United States department of housing
and urban development, provided, however,  that  an  otherwise  eligible
home  shall be eligible for purchase under this act if the current owner
can demonstrate that the home was occupied as the owner's primary  resi-
dence prior to a flood event that rendered the home unsuitable for habi-
tation;  (2) the current appraised value of the home does not exceed two
hundred fifty thousand dollars and the purchase price for the home  will
not  exceed the appraised value less the amount of any property casualty
insurance or disaster relief payments received by the owner  as  compen-
sation  for  damage incurred in a flood incident; (3) all recorded liens
or other encumbrances on the home will be released at closing;  (4)  the
county provides assurances that the home will be condemned and the prop-
erty  will  be  dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, flood mitigation  or  wetlands
management  practices; and (5) disbursements under this section shall be
limited to the costs of acquisition of eligible homes, including  legal,
appraisal, recording and other transaction costs, and the costs of demo-
lition.    In  selecting  homes  for purchase pursuant to this act, each
county shall give preference to homes with a current appraised value  of
less than one hundred fifty thousand dollars and to homes that have been
subject  to  two  or more incidents of flooding since April 1, 2004. The
corporation shall establish policies and procedures consistent with this
section, which shall include county reporting  requirements,  and  shall
report to the governor, the speaker of the assembly, the temporary pres-
ident of the senate and the director of the division of the budget on or

S. 2808--B                         91

before  December  31, 2008 regarding the implementation of this section.
Of the amounts transferred to the corporation pursuant to section one of
this act, the amounts disbursed to counties  pursuant  to  this  section
shall  not  exceed  the  following  amounts: Broome, $750,000; Chenango,
$750,000;  Delaware,   $2,000,000;   Herkimer,   $750,000;   Montgomery,
$750,000;  Orange,  $2,000,000;  Otsego,  $750,000; Schoharie, $750,000;
Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
  (B) ANY FUNDS NOT UNDER CONTRACT OR GRANT AGREEMENT BETWEEN ANY COUNTY
PROVIDED FOR BY THIS SECTION AND THE STATE OF NEW YORK  OR  ANY  OF  ITS
DIVISIONS OR AGENCIES ON OR BY JANUARY 1, 2010 MAY BE USED, UPON A FIND-
ING  BY THE CORPORATION THAT SUCH FUNDS ARE AVAILABLE, BY ULSTER COUNTY,
WHETHER THE FUNDS ARE ALLOCATED TO SUCH  COUNTY  OR  TO  ANOTHER  COUNTY
UNDER  THIS PROGRAM, TO PURCHASE HOMES WHICH OTHERWISE MEET THE REQUIRE-
MENTS OF SUBDIVISION (A) OF THIS  SECTION  AND  ARE  IN  ULSTER  COUNTY,
AND/OR  OTHERWISE PURCHASE HOMES WHICH ARE VALUED AT UNDER $250,000 UPON
A FINDING BY THE CORPORATION THAT: (1) THE HOMES HAVE BEEN SUBJECTED  TO
SEEPAGE  OF  WATER INTO THE HOMES EITHER THROUGH THE WALLS OR FOUNDATION
OF SUCH HOME OR WATER OTHERWISE ENTERS INTO THE HOME OTHER THAN  THROUGH
PIPES INTENDED FOR SUCH PURPOSE, AND (2) THE HOME IS SITUATED WITHIN TWO
MILES  OF  AN  UNDERGROUND AQUEDUCT OWNED, MAINTAINED OR OPERATED BY THE
CITY OF NEW YORK OR ANY BOARD, AGENCY, DEPARTMENT OR BUREAU THEREOF  AND
IS  USED  FOR  THE  TRANSPORT OF DRINKING WATER TO THE CITY OF NEW YORK.
THE REQUIREMENTS ENUMERATED IN PARAGRAPHS ONE THROUGH FIVE  OF  SUBDIVI-
SION  (A)  OF  THIS SECTION SHALL APPLY, PROVIDED, HOWEVER THAT NOTWITH-
STANDING THE REQUIREMENTS OF PARAGRAPH ONE OF SUBDIVISION  (A)  OF  THIS
SECTION,  NO  PERSON  OR PERSONS WHO OTHERWISE MEETS THE REQUIREMENTS OF
THIS SUBDIVISION SHALL BE EXCLUDED ON THE BASIS  OF  INCOME  AND  IT  IS
FURTHER  PROVIDED  THAT  THE  COSTS  OF DEMOLITION OF ANY HOME PURCHASED
THROUGH THIS SECTION ARE AN ELIGIBLE COST.  IN MAKING DETERMINATIONS  OF
WHICH  HOMES TO PURCHASE, THE COUNTY SHALL FIRST SEEK TO EXPEND FUNDS TO
PURCHASE THOSE HOMES WHICH MEET THE  REQUIREMENTS  ENUMERATED  IN  PARA-
GRAPHS ONE AND TWO OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately.

                                 PART GG

  Section  1. The social services law is amended by adding a new section
37-a to read as follows:
  S 37-A. CONSOLIDATION OF TOLL FREE HOTLINES.  1. THE COMPTROLLER SHALL
CONDUCT A STUDY IN CONSULTATION WITH THE OFFICE OF CHILDREN  AND  FAMILY
SERVICES  AND  A  NOT-FOR-PROFIT  ENTITY  WITH  EXPERIENCE  IN PROVIDING
BROAD-BASED ACCESS TO A LARGE SPECTRUM OF HUMAN SERVICES ON THE NEW YORK
STATE OPERATED TOLL FREE  NUMBERS  THAT  PROVIDE  INFORMATION  ON  HUMAN
SERVICES.  THE STUDY SHALL IDENTIFY WHICH OF THE EXISTING STATE OPERATED
TOLL FREE HUMAN SERVICES HOTLINES SHALL BE CONSOLIDATED  UNDER  THE  211
RESOURCE  AND  REFERRAL  HOTLINE.  SUCH  STUDY  SHALL BE PROVIDED TO THE
LEGISLATURE  AND  THE  DIVISION  OF  THE  BUDGET  NO  LATER  THAN   JULY
THIRTY-FIRST, TWO THOUSAND ELEVEN.
  2.  STATE  OPERATED TOLL FREE HUMAN SERVICES HOTLINES IDENTIFIED UNDER
SUCH STUDY SHALL BE  ELIMINATED  EFFECTIVE  DECEMBER  THIRTY-FIRST,  TWO
THOUSAND  ELEVEN AND SUCH SERVICES SHALL BE PROVIDED BY THE 211 RESOURCE
AND REFERRAL HOTLINE BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN.
  3. FUNDING PROVIDED FOR IN THE STATE FISCAL YEAR TWO THOUSAND  ELEVEN-
-TWO  THOUSAND  TWELVE  STATE  BUDGET  FOR THE COSTS ASSOCIATED WITH THE
EXISTING STATE OPERATED TOLL FREE HUMAN SERVICES HOTLINES IDENTIFIED FOR
CONSOLIDATION  APPROPRIATED  BUT   NOT   ENCUMBERED   AS   OF   DECEMBER

S. 2808--B                         92

THIRTY-FIRST,  TWO  THOUSAND ELEVEN SHALL BE TRANSFERRED TO THE INTERNAL
SERVICES 211 SYSTEM ACCOUNT ON JANUARY FIRST, TWO THOUSAND TWELVE.
  4.  AGENCIES ADMINISTERING THE EXISTING STATE OPERATED TOLL FREE HUMAN
SERVICES HOTLINES ARE REQUIRED TO TRANSFER PAYMENT FOR  THE  211  SYSTEM
SERVICES  UNDER THE INTERNAL SERVICES 211 SYSTEM ACCOUNT IN AN AMOUNT TO
BE APPORTIONED BY THE DIRECTOR OF THE BUDGET BUT  NOT  LESS  THAN  THREE
MILLION  NINE  HUNDRED  THOUSAND DOLLARS BEGINNING ON JANUARY FIRST, TWO
THOUSAND TWELVE AND THEREAFTER.
  S 2. This act shall take effect immediately.

                                 PART HH

  Intentionally omitted.

                                 PART II

  Section 1. Section 352 of the education law is amended by adding a new
subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY OTHER LAW TO  THE  CONTRARY,  THE  STATE  SHALL
ANNUALLY  APPROPRIATE AND PAY AN AMOUNT EQUAL TO AVAILABLE STATE SUPPORT
FOR THE STATE UNIVERSITY.   SUCH STATE PAYMENT SHALL  BE  MADE  IN  FOUR
INSTALLMENTS,  ON OR BEFORE THE FIRST WEEK OF JULY, OCTOBER, JANUARY AND
APRIL.
  S 2. State university of New York appropriation structure.    Notwith-
standing  any  other  provision  of law to the contrary, gross operating
support for the state-operated and statutory and  contract  colleges  of
the  state  university  of  New  York  shall  be appropriated in a newly
created agency fund, and all gross operating  expenses  thereof,  except
for  general  state  charges  centrally  administered,  shall be charged
against such fund in the  first  instance.  The  state  comptroller  may
establish  such  fund  to allow for the full deposit of funds to support
such appropriations from the state's general fund and the state  univer-
sity  of  New  York tuition revenue account according to annual transfer
amounts approved for such purpose.
  S 3. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2012, the following amounts:
  1.  $832,303,500  to  be  transferred  in  four payments falling on or
before the first week of April, July,  October,  and  January  from  the
general  fund  to  the  State  University  of New York Agency Trust Fund
(176). This amount shall represent the state share of  funding,  net  of
available  appropriations, for the time period between April 1, 2011 and
March 31, 2012.
  2. An amount up to $1,281,784,000 to be  transferred  from  the  State
University  Income  Fund  (345)  State University Revenue Offset Account
(12) to the State University of New York Agency Trust Fund  (176).  This
amount  shall  represent  the  total amount of tuition and other revenue
available for the time period between July 1, 2011 and June 30, 2012.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2015.

                                 PART JJ

  Section  1.  Subdivision  6  of  section  529  of the executive law is
amended by adding two new paragraphs (a) and (d) to read as follows:

S. 2808--B                         93

  (A) NO LATER THAN JUNE THIRTIETH EACH YEAR, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL PROVIDE THE STATE LEGISLATURE AND SOCIAL  SERVICES
DISTRICTS WITH A DETAILED REPORT ON TOTAL COST AND THE OPERATING CAPACI-
TY AT OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES DURING THE PRIOR
STATE  FISCAL YEAR. SUCH REPORT SHALL INCLUDE BUT NEED NOT BE LIMITED TO
INFORMATION ON COSTS RELATED TO LABOR, PHYSICAL  PLANT  MAINTENANCE  AND
FOOD  AND  UTILITY  EXPENDITURES  AS  WELL AS INFORMATION ON THE MAXIMUM
NUMBER OF JUVENILES THAT CAN BE PLACED IN OFFICE FACILITIES AND STAFFING
LEVELS AT SUCH FACILITIES. SUCH REPORT SHALL ALSO INCLUDE INFORMATION ON
JUVENILES THAT HAVE BEEN MOVED FROM ONE FACILITY TO ANOTHER  DURING  THE
STATE  FISCAL  YEAR  AND SHALL NAME THE FACILITIES FROM WHICH SUCH JUVE-
NILES WERE MOVED AND IN WHICH THEY WERE  LATER  PLACED.  IF  THE  REPORT
PROVIDED PURSUANT TO THIS PARAGRAPH IS BASED, IN WHOLE OR IN PART, ON AN
AUDIT PERFORMED ON BEHALF OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES SHALL PROVIDE THE STATE
LEGISLATURE AND SOCIAL SERVICES DISTRICTS WITH A COPY OF SUCH  AUDIT  AT
THE TIME IT PROVIDES THE REPORT FOR THE PRIOR STATE FISCAL YEAR.
  (D)  IF  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES USES INTERIM
REIMBURSEMENT RATES TO BILL LOCALITIES  FOR  A  STATE  FISCAL  YEAR  AND
ADJUSTS  THOSE  RATES  AFTER  THE CLOSE OF SUCH FISCAL YEAR, SUCH OFFICE
SHALL ISSUE FINAL ADJUSTED REIMBURSEMENT RATES NO LATER THAN MARCH THIR-
TY-FIRST DURING THE STATE FISCAL YEAR IMMEDIATELY  FOLLOWING  THE  STATE
FISCAL YEAR FOR WHICH REIMBURSEMENT RATES ARE ADJUSTED. IF THE OFFICE OF
CHILDREN  AND  FAMILY  SERVICES  FAILS  TO ADJUST RATES BY SUCH DATE, NO
ADJUSTMENTS TO THE ORIGINAL  REIMBURSEMENT  RATE  FOR  THE  PRIOR  STATE
FISCAL YEAR SHALL BE PERMITTED.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through JJ of this act shall be
as specifically set forth in the last section of such Parts.

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