BILL NUMBER:A10308
TITLE OF BILL: An act to amend the education law, in relation to
contracts for excellence
PURPOSE OR GENERAL IDEA OF BILL: Clarify that Foundation Aid must first
be expended to correct those problems that caused the districts to be
identified; and only to the extent necessary to correct those problems.
Allow districts with contracts for excellence to reduce the amount of
contract expenditures when their foundation aid is frozen or reduced.
Authorize the New York State Comptroller to provide the audit certif-
ication required under the contract for excellence.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Clarify that Foundation Aid
must first be expended to correct those problems that caused the
districts to be identified and only to the extent necessary to correct
those problems.
Section 2. Allow districts with contracts for excellence to reduce
amount of contract expenditures when their foundation aid is frozen or
reduced.
Section 3. Authorize the New York State Comptroller to provide the audit
certification required under the contract for excellence.
JUSTIFICATION: Under current law, when Foundation Aid is frozen or
S T A T E O F N E W Y O R K
________________________________________________________________________
10308
I N A S S E M B L Y
March 17, 2010
___________
Introduced by M. of A. LUPARDO, DESTITO, PAULIN, SKARTADOS, GUNTHER,
McENENY -- Multi-Sponsored by -- M. of A. PARMENT -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to contracts for excel-
lence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph b of subdivision 2 and subdi-
vision 6 of section 211-d of the education law, as added by section 12
of part A of chapter 57 of the laws of 2007, are amended and a new para-
graph d is added to subdivision 2 to read as follows:
(i) The contract shall specify the new or expanded programs for which
additional amounts of such total foundation aid, or grant shall be used
and shall affirm that such programs SHALL FIRST BENEFIT THOSE AREAS OF
STUDENT AND SCHOOL PERFORMANCE THAT RESULTED IN THE SCHOOL OR SCHOOLS
BEING IDENTIFIED AS REQUIRING ACADEMIC PROGRESS OR IN NEED OF IMPROVE-
MENT OR IN CORRECTIVE ACTION OR RESTRUCTURING STATUS, BUT ONLY TO THE
EXTENT NEEDED TO RESTORE THAT SCHOOL OR SCHOOLS TO NON-IDENTIFIED STATUS
AND THEN SHALL AFFIRM THAT SUCH PROGRAMS shall predominately benefit
students with the greatest educational needs including, but not limited
to, those students with limited English proficiency, students in poverty
and students with disabilities.
D. IN SCHOOL YEAR TWO THOUSAND TEN--TWO THOUSAND ELEVEN AND THEREAFTER
FOR SUCH DISTRICTS FOR WHICH FOUNDATION AID IS FROZEN AT OR REDUCED FROM
THE PRIOR YEAR LEVEL SUCH DISTRICTS MAY BUT SHALL NOT BE REQUIRED TO
EXPEND SUMS FOR ANY PROGRAMS ESTABLISHED IN YEARS TWO THOUSAND
SEVEN--TWO THOUSAND EIGHT AND TWO THOUSAND EIGHT--TWO THOUSAND NINE
PURSUANT TO A CONTRACT FOR EXCELLENCE IN EXCESS OF PRIOR YEAR EXPENDI-
TURES FOR SUCH PROGRAMS REDUCED BY A PERCENTAGE WHICH IS THE SUM OF THE
PERCENTAGE REDUCTION IN OVERALL STATE AID AS SHOWN ON STATE AID RUNS
PRODUCED IN CONNECTION WITH THE STATE EDUCATION BUDGET IF ANY AND FOUR
PERCENT.
6. The school district audit report certified to the commissioner by
an independent certified public accountant, an independent accountant,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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