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

                                  3620

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. CLARK, ENGLEBRIGHT, ROBINSON -- Multi-Sponsored
  by -- M. of A. ALFANO, BARRA, COOK, GREENE,  ORTIZ,  PERRY,  TOWNS  --
  read once and referred to the Committee on Higher Education

AN  ACT  to  amend  the  education law, in relation to providing for the
  enhancement of the quality of teaching in the public  schools  in  New
  York city

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

  Section 1. The education law is amended by adding a new article  125-C
to read as follows:
                               ARTICLE 125-C
                       CITY UNIVERSITY OF NEW YORK
                          CENTER FOR EXCELLENCE
                           IN URBAN EDUCATION
SECTION 6283. CITY UNIVERSITY OF NEW YORK CENTER FOR EXCELLENCE IN URBAN
                EDUCATION.
  S  6283.  CITY  UNIVERSITY  OF NEW YORK CENTER FOR EXCELLENCE IN URBAN
EDUCATION. 1. THE LEGISLATURE HEREBY FINDS AND DETERMINES THAT THERE  IS
A  LOOMING  SHORTAGE  OF QUALIFIED TEACHERS WILLING TO CONSIDER TEACHING
POSITIONS IN URBAN SCHOOLS. THIS SHORTAGE IS EVIDENT IN THE STATE'S FIVE
LARGEST CITY SCHOOL DISTRICTS AND HAS REACHED  CRITICAL  PROPORTIONS  IN
NEW YORK CITY.
  2.  THERE IS HEREBY ESTABLISHED THE CITY UNIVERSITY OF NEW YORK CENTER
FOR EXCELLENCE IN URBAN EDUCATION.   THE CENTER SHALL BE  LOCATED  AT  A
CITY  UNIVERSITY  OF NEW YORK COLLEGE ACCREDITED BY THE NATIONAL COUNCIL
FOR ACCREDITATION OF TEACHER EDUCATION.
  3. THE CENTER SHALL:
  A. COLLABORATE WITH TEACHERS FROM THE CITY'S URBAN CENTERS TO  DEVELOP
AND DELIVER PROGRAMS TO ADDRESS THE PARTICULAR NEEDS OF URBAN EDUCATION,
INCLUDING,  BUT NOT LIMITED TO, DEALING WITH SEVERE CLASSROOM MANAGEMENT
PROBLEMS; ISSUES OF CONFLICT AND RACIAL SENSITIVITIES; UNDERSTANDING THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06017-01-9
              

A. 3620                             2

CENTRAL ROLE SCHOOLS PLAY IN COMMUNITY DEVELOPMENT; AND COPING WITH  AND
COMPENSATING FOR A MYRIAD OF FAMILY AND SOCIAL ISSUES THAT IMPACT SCHOOL
PERFORMANCE.
  B.  PARTNER  WITH  URBAN  SCHOOL  DISTRICTS TO (I) ENSURE HIGH QUALITY
CLINICAL EDUCATION FOR PRESERVICE TEACHER EDUCATION  STUDENTS  IN  URBAN
LOCATIONS;  (II)  DESIGN AND IMPLEMENT PROGRAMS TO RECRUIT CHILDREN INTO
CAREERS OF TEACHING; (III) INCREASE THE NUMBER OF MINORITY CANDIDATES IN
TEACHER PREPARATION  PROGRAMS  AND  INCREASE  PRODUCTIVITY  IN  TEACHING
FIELDS  OF CRITICAL NEED INCLUDING, BUT NOT LIMITED TO, CHILDHOOD EDUCA-
TION WITH EMPHASIS IN SCIENCE, MATHEMATICS, AND READING;  EARLY  ADOLES-
CENCE EDUCATION WITH EMPHASIS IN INTEGRATED SCIENCE-MATHEMATICS-TECHNOL-
OGY; ADOLESCENT EDUCATION IN SCIENCE AND MATHEMATICS; SPECIAL EDUCATION;
BILINGUAL  SPECIAL  EDUCATION;  AND  BILINGUAL  SPEECH  PATHOLOGY;  (IV)
ATTRACT TEACHER EDUCATION STUDENTS TO JOBS IN URBAN LOCATIONS  OF  CRIT-
ICAL  NEED;  AND (V) SYSTEMATICALLY RENEW BOTH THE SCHOOL AND COLLEGIATE
ENVIRONMENTS THROUGH JOINT PROFESSIONAL DEVELOPMENT AND SCHOLARLY ACTIV-
ITIES.
  C.  PROVIDE  SPECIAL  CAPSTONE  PROGRAMS  FOR  STUDENTS   FROM   OTHER
COLLEGES/UNIVERSITIES  IN  THE  STATE  TO RECRUIT AND QUALIFY PRESERVICE
EDUCATORS FOR SERVICE IN URBAN SETTINGS.
  S 2. Section 605 of the education law  is  amended  by  adding  a  new
subdivision 13 to read as follows:
  13.  REGENTS  TEACHER  LOAN  FORGIVENESS PROGRAM. REGENTS TEACHER LOAN
FORGIVENESS AWARDS SHALL BE AWARDED ANNUALLY TO TEACHERS  WHO  AGREE  TO
TEACH  PUBLIC  SCHOOL  IN  AN  AREA  OF NEW YORK STATE DESIGNATED BY THE
REGENTS AS HAVING A SHORTAGE OF PUBLIC SCHOOL  TEACHERS.    SUCH  AWARDS
SHALL BE CLASSIFIED AND ALLOCATED IN ACCORDANCE WITH REGENTS RULES.
  A. ELIGIBILITY. (1) THE APPLICANT MUST BE A RESIDENT OF NEW YORK STATE
AND CERTIFIED.
  (2)  THE APPLICANT MUST AGREE TO TEACH PUBLIC SCHOOL IN AN AREA IN NEW
YORK STATE DESIGNATED AS HAVING A SHORTAGE OF PUBLIC SCHOOL TEACHERS.
  B. SELECTION.   THE COMMISSIONER  SHALL  ESTABLISH  CRITERIA  FOR  THE
SELECTION  OF  PARTICIPANTS IN THE PROGRAM. AN APPLICANT MUST SATISFY AT
LEAST ONE OF THE CRITERIA ESTABLISHED. A PRIORITY SHALL BE  ACCORDED  TO
ANY  APPLICANT WHO IS COMPLETING THE SECOND YEAR OF THE SERVICE REQUIRE-
MENT AND IS REAPPLYING FOR A NEW AWARD. THE CRITERIA SHALL  INCLUDE  BUT
NOT BE LIMITED TO THE FOLLOWING:
  (1)  REAPPLICATION  FOR  A NEW AWARD BY A PERSON WHO IS COMPLETING THE
SECOND YEAR OF A SERVICE REQUIREMENT;
  (2) RECEIPT OF SPECIFIC TRAINING IN AN AREA  OF  CERTIFICATION  DETER-
MINED BY THE REGENTS TO BE IN SHORT SUPPLY;
  (3)  RECEIPT  OF SPECIFIC TRAINING OR EXPERIENCE IN SERVING A SHORTAGE
AREA;
  (4) RECEIPT OF SPECIFIC TRAINING OR  EXPERIENCE  MATCHING  A  SPECIFIC
EDUCATIONAL NEED EXISTING IN A SHORTAGE AREA; AND
  (5)  AGREEMENT  PURSUANT  TO  SUBDIVISION  D  OF THIS SECTION TO TEACH
PUBLIC SCHOOL IN AN AREA DETERMINED BY THE  REGENTS  TO  HAVE  A  SEVERE
SHORTAGE OF PUBLIC SCHOOL TEACHERS.
  C.  NOTIFICATION.  (1)  THE  COMMISSIONER  SHALL THEN FORWARD APPROVED
APPLICATIONS TO THE PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS;
  (2) THE PRESIDENT SHALL VERIFY THE APPROVED APPLICANTS':
  (I) ELIGIBILITY; AND
  (II) TOTAL UNDERGRADUATE AND GRADUATE SCHOOL STUDENT EXPENSE;
  (3) THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT.
  D. SERVICE REQUIREMENT. WITHIN SUCH TIME AS THE COMMISSIONER SHALL  BY
REGULATION  PROVIDE,  A RECIPIENT OF AN AWARD SHALL HAVE AGREED TO TEACH

A. 3620                             3

PUBLIC SCHOOL IN A SPECIFIC AREA DESIGNATED  AS  HAVING  A  SHORTAGE  OF
PUBLIC  SCHOOL  TEACHERS  FOR  A  PERIOD  OF  TEN MONTHS FOR EACH ANNUAL
PAYMENT TO BE RECEIVED  BY  THE  RECIPIENT.  TEACHERS  IN  TRAINING  WHO
RECEIVE  AN AWARD SHALL NOT RECEIVE CREDIT TOWARD THEIR REQUIRED SERVICE
FOR TIME SPENT IN A TRAINING PROGRAM. IN NO CASE SHALL THE TOTAL  NUMBER
OF  MONTHS  OF  SERVICE REQUIRED BE LESS THAN TWENTY-FOUR. THE PRESIDENT
SHALL, IN CONSULTATION WITH THE COMMISSIONER, DEVELOP  AND  SECURE  FROM
EACH AWARD RECIPIENT, A WRITTEN AGREEMENT TO:
  (1) TEACH PUBLIC SCHOOL IN THE DESIGNATED SHORTAGE AREA; AND
  (2)  TEACH FULL-TIME AND SERVE AS AN EXTRA-CURRICULAR ACTIVITY ADVISOR
OR COACH.
  IF A RECIPIENT FAILS TO COMPLY FULLY WITH SUCH CONDITIONS, THE  PRESI-
DENT  SHALL  BE  ENTITLED TO RECEIVE FROM SUCH RECIPIENT AN AMOUNT TO BE
DETERMINED BY THE FORMULA:
                               A = 2B (T-S)
                                      -----
                                        T
  IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO  RECOVER;  "B"
IS  THE  SUM  OF  ALL PAYMENTS MADE TO THE RECIPIENT AND THE INTEREST ON
SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID
THEY WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T"  IS
THE  TOTAL  NUMBER  OF  MONTHS  IN  THE  RECIPIENT'S PERIOD OF OBLIGATED
SERVICES; AND "S" IS THE NUMBER OF MONTHS OF SERVICE  ACTUALLY  RENDERED
BY  THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO RECOVER
UNDER THIS PARAGRAPH SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD BEGINNING
ON THE DATE THAT THE RECIPIENT FAILED TO COMPLY WITH THIS SERVICE CONDI-
TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
MENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND APART FROM  THE
PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH AN AGENCY,
INSTITUTION OR A PROGRAM IN WHICH HE OR SHE SHALL BE EMPLOYED.
  ANY  OBLIGATION  TO  COMPLY  WITH  SUCH PROVISIONS AS OUTLINED IN THIS
SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. THE  COMMIS-
SIONER SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF
ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  E. REPORTING. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW
YORK  STATE HIGHER EDUCATION SERVICES CORPORATION, AND THE DEPARTMENT ON
FORMS PRESCRIBED BY THE PRESIDENT, AS TO THE PERFORMANCE OF THE REQUIRED
SERVICES, COMMENCING WITH THE  CALENDAR  YEAR  IN  WHICH  THE  RECIPIENT
BEGINS  TO  TEACH  PUBLIC SCHOOL IN A SHORTAGE AREA AND CONTINUING UNTIL
THE RECIPIENT SHALL HAVE COMPLETED, OR IT IS DETERMINED THAT HE  OR  SHE
SHALL  NOT  BE  OBLIGATED  TO  COMPLETE, THE REQUIRED SERVICES.   IF THE
RECIPIENT SHALL FAIL TO FILE ANY REPORT REQUIRED HEREUNDER WITHIN THIRTY
DAYS OF WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE ADDRESS SHOWN  ON
THE  LAST  APPLICATION  FOR  AN AWARD OR LAST REPORT FILED, WHICHEVER IS
LATER, THE PRESIDENT OF THE CORPORATION MAY IMPOSE A FINE OF UP  TO  ONE
THOUSAND  DOLLARS.  THE PRESIDENT SHALL HAVE THE DISCRETION TO WAIVE THE
FILING OF A REPORT, EXCUSE A DELAY IN FILING OR  A  FAILURE  TO  FILE  A
REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
  F.  OTHER  AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR ONE
ADDITIONAL AWARD.
  S 3. The education law is amended by adding a  new  section  677-b  to
read as follows:
  S 677-B.  REGENTS  PUBLIC SCHOOL TEACHER LOAN FORGIVENESS PROGRAM.  1.
NUMBER AND CERTIFICATION. EIGHTY  REGENTS  PUBLIC  SCHOOL  TEACHER  LOAN
FORGIVENESS  AWARDS  SHALL  BE  AWARDED  EACH YEAR. SUCH AWARDS SHALL BE
ALLOCATED AS PROVIDED IN ARTICLE THIRTEEN OF THIS  CHAPTER  TO  ELIGIBLE

A. 3620                             4

PUBLIC  SCHOOL TEACHERS AS CERTIFIED TO THE PRESIDENT BY THE COMMISSION-
ER.
  2.  CALCULATION  OF  AWARD  AMOUNTS.  EACH  AWARD SHALL CONSIST OF TWO
CONSECUTIVE  ANNUAL  LOAN  FORGIVENESS  PAYMENTS.  EACH  OF  THE  ANNUAL
PAYMENTS  SHALL BE FOR AN AMOUNT EQUAL TO THE TOTAL OF UNDERGRADUATE AND
GRADUATE SCHOOL STUDENT LOAN EXPENSE OR TEN THOUSAND  DOLLARS  WHICHEVER
IS  LESS.  THE PRESIDENT SHALL BE RESPONSIBLE FOR CALCULATING THE DOLLAR
AMOUNT OF EACH AWARD THAT ELIGIBLE  CANDIDATES  MAY  RECEIVE  FROM  THIS
PROGRAM.  FOR  THE  PURPOSES OF THIS SECTION, STUDENT LOAN EXPENSE SHALL
MEAN THE CUMULATIVE TOTAL OF THE ANNUAL STUDENT LOANS COVERING THE  COST
OF  ATTENDANCE  AT  AN UNDERGRADUATE INSTITUTION AND/OR GRADUATE SCHOOL.
INTEREST PAID OR DUE ON STUDENT LOANS THAT AN APPLICANT  HAS  TAKEN  OUT
FOR USE IN PAYING FOR SUCH UNDERGRADUATE AND/OR GRADUATE EDUCATION SHALL
BE CONSIDERED ELIGIBLE FOR REIMBURSEMENT UNDER THIS PROGRAM.
  3.  AWARD  DISBURSEMENT.  A.  ANNUAL  AWARD DISBURSEMENTS SHALL BE THE
RESPONSIBILITY OF THE PRESIDENT AND SHALL OCCUR PRIOR TO  THE  BEGINNING
OF  EACH  OF  THE  REQUIRED TERMS OF SERVICE AS SPECIFIED IN THE SERVICE
CONTRACT. THE BOARD OF TRUSTEES OF THE HIGHER EDUCATION SERVICES  CORPO-
RATION  SHALL  ADOPT RULES AND REGULATIONS REGARDING CRITERIA FOR DETER-
MINING SUCCESSFUL COMPLETION OF THE  SERVICE  CONTRACT  AND  ANY  APPEAL
PROCESS  THAT MAY BE REQUIRED TO IMPLEMENT THIS PARAGRAPH UPON RECOMMEN-
DATION OF THE PRESIDENT IN CONSULTATION WITH THE COMMISSIONER.
  B. THE DISBURSEMENT OF THE SECOND ANNUAL AWARD SHALL BE DEPENDENT UPON
SUCCESSFUL COMPLETION OF THE  FIRST  YEAR  REQUIREMENT  OF  THE  SERVICE
CONTRACT  AS  DEFINED  BY  THE  PRESIDENT, AS WELL AS OTHER CRITERIA SET
FORTH IN THIS SECTION.
  S 4. This act shall take effect immediately.