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

                                 5057--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  authorizing  the East Ramapo central school district to receive
  certain apportionments on an accelerated basis

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

  Section  1.  In order to avoid endangering the fiscal stability of the
East Ramapo central school district, certain apportionments  payable  to
the  East Ramapo central school district shall be paid on an accelerated
schedule as follows:
  a. (1) Notwithstanding any other provisions of law, for aid payable in
the school years 2013--2014 through 2042--2043 upon application  to  the
commissioner of education submitted not sooner than the second Monday in
June  of the school year in which such aid is payable and not later than
the Friday following the third Monday in June  of  the  school  year  in
which  such aid is payable, or ten days after the effective date of this
act, whichever shall be later, the East Ramapo central  school  district
shall be eligible to receive an apportionment pursuant to this act in an
amount  equal to the product of $3,500,000 and the quotient of the posi-
tive difference of thirty minus the number of school years elapsed since
the 2013--2014 school year divided by thirty.   Such  application  shall
include  a  detailed  plan demonstrating how such apportionment shall be
used by the East Ramapo central school district in accordance with para-
graph 2 of this subdivision.
  (2) Funds apportioned pursuant to this subdivision shall be  used  for
services  and  expenses  of  the East Ramapo central school district and
shall be applied exclusively  to  support  of:  instructional  services,
including  teacher salaries; guidance services, including guidance coun-
selor salaries; health  services,  including  nurse  salaries;  security

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10477-06-3
              

S. 5057--A                          2

services, including security guard salaries; board of cooperative educa-
tion  services  expenses;  co-curricular  activities, including instruc-
tional  salaries  and  contractual  services;  intra-mural   activities,
including instructional salaries; and interscholastic athletics, includ-
ing instructional salaries, contractual expenses, security and transpor-
tation.
  b.  The  claim  for  an  apportionment  to  be paid to the East Ramapo
central 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  commis-
sioner  that  the  form  has  been  submitted as prescribed and that the
school district has complied with the  reporting  requirements  of  this
act,  including  submission  by  such district of a detailed plan demon-
strating how such apportionment shall be used in accordance  with  para-
graph 2 of subdivision a of this section.  For each school year in which
application  is  made  pursuant  to  subdivision a of this section, such
approved amount shall be payable on or before  June  thirtieth  of  such
school  year  upon  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 appropri-
ated  for general support of public schools and from the general fund to
the extent that the amount  paid  to  the  East  Ramapo  central  school
district  pursuant to this subdivision and subdivision a of this section
exceeds the amount of the lottery apportionment, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
section 3609-a of the education law on or before September first of such
school year.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount  paid  to  the  East  Ramapo  central
school district during the base year pursuant to subdivisions a and b of
this  section  shall  first  be  deducted  from  payments due during the
current school year pursuant to subparagraphs 1, 2, 3, 4 and 5 of  para-
graph  a  of subdivision 1 of section 3609-a of the education law in the
following order: the lottery apportionment payable pursuant to  subpara-
graph  2  of  such paragraph followed by the fixed fall payments payable
pursuant to subparagraph 4 of such paragraph, and any  remainder  to  be
deducted  from  the individualized payments due to the district pursuant
to paragraph b of such subdivision shall be deducted on a  chronological
basis starting with the earliest payment due the district.
  d.  Notwithstanding  any  other provisions of law, the sum of payments
made to the East Ramapo central school district  during  the  base  year
pursuant  to  subdivisions a and b of this section plus payments made to
such school district during the current year pursuant to section  3609-a
of the education law shall be deemed to truly represent all aids paid to
such  school  district  during  the current school year pursuant to such
section 3609-a of the education law for the purposes  of  computing  any
adjustments to such aids that may occur in a subsequent school year.
  e. (1) On or before the first day of each month beginning in July 2014
and ending in June 2043, the chief fiscal officer and the superintendent
of  schools of the East Ramapo central school district shall prepare and
submit to the board of education of the school distract a report of  the
fiscal  condition  of  the school district, including but not limited to
the most current available data on fund balances on funds maintained  by
the  school  district  and  the  district's  use  of  the apportionments
provided pursuant to subdivisions a and b of this section.

S. 5057--A                          3

  (2) Such monthly report shall be in a format prescribed by the commis-
sioner of education.  The board of education  shall  either  reject  and
return  the report to the chief fiscal officer and the superintendent of
schools for appropriate revisions and resubmittal or shall  approve  the
report  and submit copies to the commissioner of education and the state
comptroller of such approved report as submitted or resubmitted.
  (3) In the 2013--2014  through  2042--2043  school  years,  the  chief
fiscal  officer of the East Ramapo central school district shall monitor
all budgets and for each budget, shall prepare  a  quarterly  report  of
summarized  budget  data depicting overall trends of actual revenues and
budget expenditures for the entire budget as  well  as  individual  line
items. Such report shall compare revenue estimates and appropriations as
set  forth in such budget with the actual revenues and expenditures made
to date. All quarterly reports shall be accompanied by a  recommendation
from  the superintendent of schools or chief fiscal officer to the board
of education setting forth any remedial actions necessary to resolve any
unfavorable budget variance including the overestimation of revenue  and
underestimation  of  appropriations. The chief fiscal officer shall also
prepare, as part of such report, a quarterly trial  balance  of  general
ledger accounts in accordance with generally accepted accounting princi-
ples  as  prescribed  by  the  state  comptroller.  All reports shall be
completed within sixty days after the end of each quarter and  shall  be
submitted  to the chief fiscal officer and the board of education of the
East Ramapo central school district, the state division of  the  budget,
the  office of the state comptroller, the commissioner of education, the
chair of the assembly ways and means committee  and  the  chair  of  the
senate finance committee.
  S  2.    a.  Before  the expenditure of funds received pursuant to the
apportionment under section one of this act, the superintendent of  such
district  shall  appoint  a  temporary  district-based  advisory team to
develop a comprehensive expenditure plan for such funds.  The  district-
based  advisory  team  shall consist of the superintendent of schools of
the East Ramapo central school district or his or her designee, a member
of the school board of such district, a teacher  employed  in  a  public
school  selected  by  the  bargaining unit representing teachers in such
district, an administrator employed in a public school selected  by  the
bargaining  unit  representing  administrators  in  such district, and a
parent of a student attending  a  public  school  within  such  district
selected by the East Ramapo parent teachers association council.
  b.  The  district-based  advisory  team  shall collaboratively develop
educational goals to be achieved through expenditure of  funds  provided
pursuant  to  section  one  of  this  act. Such goals shall conform with
requirements pertaining to students with disabilities pursuant to appli-
cable federal and state laws, including  but  not  limited  to  ensuring
students receive education in the least restricted environment.  Follow-
ing  adoption of the educational goals, the district-based advisory team
shall develop a comprehensive expenditure plan aligned with such goals.
  c. The district-based advisory team shall,  in  conjunction  with  the
board  of  education, hold at least one public forum within the district
for the purpose of  reporting  on  the  contents  of  the  comprehensive
expenditure  plan  developed  pursuant to subdivision b of this section.
The superintendent of schools of the East Ramapo central school district
shall ensure that notice for the public forum or forums is posted  in  a
manner  to  maximize  the  participation of parents, students and school
personnel.

S. 5057--A                          4

  d. Following the forum or forums held pursuant  to  subdivision  c  of
this section, but prior to voting on the proposed comprehensive expendi-
ture  plan,  the  superintendent  of  schools of the East Ramapo central
school district shall publicly report to the board of education of  such
district  an  assessment  of all public comments concerning the proposed
comprehensive expenditure plan. Such assessment  shall  include:  (1)  a
summary  and  analysis of the issues raised and significant alternatives
suggested; (2) a statement of the reasons why  significant  alternatives
were  not  incorporated  into  the  proposed expenditure plan; and (3) a
description of any changes made to the proposed expenditure  plan  as  a
result of public comments received.
  e.  Following  receipt  of  the  assessment  by  the superintendent of
schools of the East Ramapo central school district, the board of  educa-
tion  shall  adopt  a  comprehensive  expenditure  plan  only  after the
district-based advisory team has certified that such plan is sufficient-
ly aligned with the educational goals developed pursuant to  subdivision
b of this section.
  S 3. This act shall take effect immediately.