senate Bill S6257E

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status Via A9057 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 30, 2012 signed chap.57
delivered to governor
returned to assembly
passed senate
3rd reading cal.485
substituted for s6257e
Mar 30, 2012 substituted by a9057d
Mar 29, 2012 ordered to third reading cal.485
Mar 27, 2012 print number 6257e
amend (t) and recommit to finance
Mar 15, 2012 amend (t) and recommit to finance
Mar 15, 2012 print number 6257d
Mar 11, 2012 print number 6257c
amend (t) and recommit to finance
Feb 17, 2012 print number 6257b
amend (t) and recommit to finance
Feb 10, 2012 print number 6257a
amend and recommit to finance
Jan 17, 2012 referred to finance

Votes

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Bill Amendments

Original
A
B
C
D
E (Active)
Original
A
B
C
D
E (Active)

S6257 - Bill Details

See Assembly Version of this Bill:
A9057D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6257 - Bill Texts

view summary

Relates to school district eligibility for an increase in apportionment of school aid and implementation of new standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; relates to contracts for excellence, apportionment of school aid, apportionment of school aid and of current year approved expenditures for debt service, calculation of the gap elimination restoration amount, apportionment for transportation, school district management efficiency awards, maximum class size, transportation to students who remain at school until 5 pm or later; relates to requiring the office of temporary and disability assistance to provide the department of education with certain information; relates to withdrawals from the employee benefit accrued liability reserve fund; relating to funding a program for work force education conducted by the consortium for worker education in New York city, relating to apportionment and reimbursement and extends the expiration of certain provisions; relates to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, to amend 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, to amend chapter 698 of the laws of 1996 amending the education law relating to transportation contracts, to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, to amend 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, to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, to amend chapter 57 of the laws of 2008 amending the education law relating to the universal pre-kindergarten program, in relation to extending the expiration of certain provisions of such chapters; relates to authorizing annual professional performance reviews transition grants; authorizes the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to school bus driver training; relates to the support of public libraries; relates to providing special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; relates to submission of school construction final cost reports; repeals certain provisions of the education law relating to annual professional performance review of classroom teachers and building principals and the teacher evaluation appeal process; and provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tenured teacher disciplinary hearings (Part B); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part C); relates to the standards of monthly need for persons in receipt of public assistance (Part D); relates to authorizing the office of temporary and disability assistance to administer the program of supplemental security income additional state payments and to repeal certain provisions of such law relating thereto (Part E); relates to funding for children and family services, in relation to the effectiveness thereof (Part F); relates to establishing a juvenile justice services close to home initiative and providing for the repeal of such provisions upon expiration thereof (Subpart A); relates to juvenile delinquents and providing for the repeal of such provisions upon expiration thereof (Subpart B) (Part G); relates to the New York state higher education capital matching grant program for independent colleges, in relation to the effectiveness thereof (Part H); relates to provision of services, technical assistance and program activities to state agencies by Cornell university (Part I); relates to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services and providing for the repeal of such provisions upon expiration thereof (Part K); repeals provisions relating to annual reports of the youth center facility program (Part L); relates to the creation of a validated risk assessment instrument (Part M); directs the board of trustees of SUNY and CUNY to conduct a study on student remediation and strategies and programs to promote transition to college readiness (Part N); relates to the SUNY Challenge Grant Program (Part O); relates to non-resident tuition of students of the university centers of the State University of New York (Part P); relates to community college charges for non-residence students (Part Q); relates to the demonstration program authorized within Nassau and Suffolk counties (Part R); authorizes payments of aid and incentives for municipalities (Part S); relates to state aid on certain state leased or state-owned land (Part T); relates to the municipal redevelopment law authorizing tax increment bonds payable from and secured by real property taxes levied by a school district within a project area (Part U); relates to prescription forms and labels, interpretation services and patients with limited English proficiency (Part V); relates to providing for the establishment of a state veteran's cemetery (Part W).

view sponsor memo
BILL NUMBER:S6257

TITLE OF BILL:
An act
in relation to school district eligibility for an increase in
apportionment of school aid and implementation of new standards for
conducting annual professional performance reviews to determine teacher
and principal effectiveness;
to amend the education law, in relation to contracts for excellence,
apportionment of school aid, apportionment of school aid and of current
year approved expenditures for debt service, calculation of the gap
elimination restoration amount, apportionment for transportation,
maximum class size; 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; and in relation to extending the expiration
of certain provisions;
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 698 of the laws of 1996 amending the
education law relating to transportation contracts, 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, to amend chapter 57 of the laws of 2008 amending the
education law relating to the universal pre-kindergarten
program, in relation to extending the expiration of certain provisions
of such chapters; 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;
relating to submission of school construction final cost reports;
and providing for the repeal of certain provisions upon
expiration thereof
(Part A);
to amend the education law, in relation to tenured teacher
disciplinary hearings
(Part B);
to amend the social services law, in relation to increasing the
standards of monthly need for aged, blind and disabled persons living in
the community
(Part C);
to amend the social services law, in relation to the standards of

monthly need for persons in receipt of public assistance
(Part D);
to amend the social services law,
in relation to authorizing the
office of temporary and disability
assistance to administer the
program of supplemental security
income additional state payments; and to repeal certain provisions of
such law relating thereto
(Part E);
to amend chapter 83 of the laws of 2002 amending the executive law and
other laws relating to funding for children and family services, in
relation to the effectiveness thereof; and to amend the
social services law, in
relation to reauthorizing
child welfare financing to continue current
funding structure
(Part F);
to amend the social services law and the family court act, in
relation to establishing a juvenile justice services close to home
initiative
and providing for the repeal of such provisions upon expiration thereof
(Subpart A); and to amend the social services law and the
family court act, in relation to juvenile delinquents (Subpart B)
(Part G);
to amend chapter 57 of the laws of 2005 amending the labor law and other
laws implementing the state fiscal plan for the 2005-2006 state fiscal
year, relating to the New York state higher education capital matching
grant program for independent colleges, in relation to the effectiveness
thereof
(Part H);
to amend the education law, in relation to provision of services,
technical assistance and program activities to state agencies by Cornell
university
(Part I); and
to amend the education law, in relation to special education programs
for preschool children with a disability
(Part J)

PURPOSE:
This bill contains provisions needed to implement the Education, Labor
and Family Assistance portions of the 2012-13 Executive Budget.

This memorandum describes Parts A through J of the bill which are
described wholly within the parts listed below.

Part A - Enact various provisions necessary to implement the education
portion of the 2012-13 Executive Budget, including School Aid and
other education-related programs.

Purpose:

This bill contains various provisions necessary to implement the
education portion of the 2012-13 Executive Budget.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Public education in New York represents a significant commitment of
State and local resources. With total spending levels exceeding $53
billion, New Yorkers have maintained the highest per-pupil spending
levels in the nation - even in these difficult
financial times. Not only is education the largest area of State
spending, it is also the largest component of local property taxes.

This substantial investment is a reflection of New York State's
long-standing commitment to providing opportunity for all students.
This bill includes several measures to authorize School Aid along with
other changes necessary to implement education-related programs in
the Executive Budget. Significant provisions include:

*2012-13 School Aid Increase. Consistent with the two-year
appropriation enacted in 2011-12, the 2013-13 Executive Budget
recommends $20.3 billion in School Aid for the 2012-13 school year, a
year-to-year increase of $805 million, or 4 percent. As part of the
$805 million total increase in School Aid for the 2012-13 school
year, this bill would provide a methodology to target a portion of
the allowable growth to high need school districts, as well as those
that were impacted the most by aid reductions in the 2011-12 school
year. Additionally, under this bill, increases in School Aid would be
linked to school district compliance with a new teacher evaluation
process.

*Teacher Evaluation Process. In 2010, as part of its successful
application for the Federal Race to the Top grant, New York State
made a commitment to implement a teacher evaluation system. The
system would make student performance a significant component of that
teacher's evaluations - and thus an element of employment decisions.
In spite of commitments by education stakeholders to develop and
implement the new teacher evaluations, it has not yet occurred. The
Executive Budget, therefore, would link increases in School Aid to
compliance with the implementation of a new and effective evaluation
system. As such, school districts would not be eligible for aid
increases unless they fully implemented a new and truly effective
teacher evaluation system by January 17, 2013.

*Performance Grants. The 2011-12 Enacted Budget authorized two
competitive grant programs to encourage school districts to implement
innovative approaches to achieve academic gains and management
efficiency. This bill would provide that each annual increase in
School Aid would be partially dedicated to support $100 million
towards these performance grants beginning in the 2013-14 school year.

*Cost Report Deadline for Building Aid. The Executive Budget provides a
window of opportunity for school districts to regain eligibility for
Building Aid in cases where a district has been denied aid for
missing the final cost report filing deadline for school construction
projects. The loss of Building Aid would be limited to the amount of
aid payable during the period the cost report was outstanding.

*Bus Purchasing. To improve the cost-effectiveness of the State's
school transportation program, this bill would limit reimbursement to
school districts for bus purchases to those that are purchased
through a central State contract. This approach will enable both the
State and the local school district to benefit from the combined
purchasing power of all school districts statewide. Prospectively, it
will
also eliminate technical obstacles to shared maintenance and other
services between districts.

*County Vocational Education and Extension Boards (CVEEBs).
Reimbursement for CVEEBs would be limited to courses submitted to the
Commissioner of Education for approval on or before July 1, 2010. In
addition, the statute would be clarified to codify the methodology
used by State Education Department to calculate reimbursement and a
statute of limitations would be established to ensure timely
submission of claims.

*Contracts for Excellence. This bill would require that all school
districts currently in the Contracts for Excellence program remain in
the program unless all of the school buildings in the district are
reported as "In Good Standing" for purposes of the State
accountability system. School districts that remain would be required
to maintain funding on Contract for Excellence programs at the same
level required for the 2011-12 school year.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget and to ensure continued eligibility for the receipt of $700
million under the Federal "Race to the Top" program.

Effective Date:

This bill takes effect immediately and is deemed to have been in full
force and effect on and after April 1, 2012, except that selected
provisions take effect on other specified dates.

Part B - Reform the Teacher Disciplinary Hearing Process. Purpose:
This bill would reform the teacher arbitration process by providing
more timely hearing decisions, implementing reforms to contain costs,
and restructuring the overall financing of the hearing process.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The State pays the full cost of teacher arbitrations, including the
fee paid to hearing officers, and there is no statutory cap on such
fees. In addition, arbitrators set their own rates which often
results in exorbitant and uncontrolled costs imposed on the State.
Moreover, the statutory timeframes for completing such hearings are
regularly ignored, often leading to unnecessarily long and costly
proceedings. The combination of these
factors has resulted in the State incurring significant expenses and
led to a backlog in payments owed by the State to hearing officers.

In order to expedite the hearing process and contain costs while
assuring fairness to those who are subject to such hearings, this
bill would implement the following reforms:

*Allow the Education Commissioner to set maximum rates paid to
arbitrators;

*Limit the number of study days claimed by arbitrators;

*Eliminate the requirement for court reporters at teacher arbitrations;

*Disqualify arbitrators for failure to comply with statutory
timelines; and

*Require all future arbitration costs to be split evenly between the
school district and the teacher's bargaining unit, or the employee if
the employee is not represented by a union.

Budget Implications:

Enactment of this bill and the corresponding appropriation language is
necessary to implement the 2012-13 Executive Budget. The State
Education Department expects to' owe $9.6 million in payments to
hearing officers by April 1, 2012. As a result, the State would not
immediately realize any Financial Plan savings but would be able to
begin addressing payment of outstanding liabilities.

It is estimated that school districts could realize more than $75,000
in savings per case, when the proposal is fully phased-in primarily
due to stricter adherence to the statutory timeframes for the hearing
process which will decrease school district expenses for substitute
teachers. This savings will be partially offset by the costs of the
hearings.

Effective Date:

This bill takes effect on April 1, 2012.

Part C - Authorize the pass-through of the 2013 Federal Cost of Living
Adjustment.

Purpose:

To authorize SSI benefits to be increased in 2013 by the percentage of
any Federal SSI Cost of Living Adjustment (COLA).

Statement in Support, Summary of Provisions, Existing law,
and Prior Legislative History:

Sections 131-o and 209 of the Social Services Law establish specific
amounts for the monthly Personal Needs Allowance (PNA) and the
monthly SSI standard of need (the maximum combined Federal and State
benefit) for recipients in various living
arrangements. This bill amends those sections of law to set forth the
actual 2012 PNA amounts and the standard of need for eligibility and
payment of additional State payments. It also authorizes those
amounts to be automatically increased in 2013 by the percentage of
any Federal SSI COLA which becomes effective within the first half of
calendar year 2013.

Legislation to effectuate the Federal SSI COLA has been enacted
annually since 1984.

Budget Implications:

If the pass-through of the Federal SSI COLA is not authorized in State
statute, there will be no statutory authority to provide SSI
recipients with the full amount of any Federal increase plus a State
supplement at the current level. The State supplements would be
automatically reduced to reflect the current standards of need set
forth in the SSL.

Effective Date:

This act shall take effect July 1, 2012.

Part D - Phase in the scheduled Public Assistance Grant increase.

Purpose:

This bill would phase in the full implementation of the scheduled
public assistance grant increase from one final ten percent increase
in July 2012 to a five percent increase in July 2012 and another five
percent increase in July 2013.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Enacted 2009-2010 Budget included a ten percent increase to the
non-shelter portion of the public assistance grant for three
consecutive years. The first two increases were implemented in July
2009 and July 2010 and raised the monthly non-shelter portion of the
grant from $291 to $353 for the average public assistance household.
The Enacted 2011-2012 Budget delayed the third increase (which would
have increased the monthly non-shelter portion of the grant to $388)

originally scheduled for July 2011 until July 2012. The non-shelter
portion varies based on family composition and is comprised of a
basic allowance, a home energy allowance and a supplemental home
energy allowance.

This bill would:

* Reduce the planned July 2012 increase to the non-shelter portion of
the grant from ten percent to five percent;

* Increase the non-shelter portion of the grant by an additional five
percent in July 2013; and

* Align the income threshold used to determine public assistance
eligibility with the value of the grant.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which assumes $6 million in General Fund savings.

Effective Date:

This bill takes effect April 1, 2012.

Part E - Authorize administration of the State Supplemental Security
Income Supplementation Program.

Purpose:

This bill would authorize a State administrative takeover of the SSI
Supplementation Program from the Federal Government to avoid the cost
of rising federal administrative fees.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Federal Social Security Administration (SSA) administers New
York's SSI Supplementation Program and charges a fee for each payment
issued on the State's behalf. The fee increases annually and is
currently set at $10.94. Total administrative costs to the State are
projected to be $92 million in the 2013 fiscal year. In light of
rapidly increasing federal charges, many states have established
their own administrative systems for state supplemental benefits. New
York is now one of only five states that continue to contract with
SSA for this service.

Current law authorizes the State Supplementation Program to be
administered by the federal government or by local social services
districts. This bill would authorize the Office of Temporary and
Disability Assistance (OTDA) to administer the program.

This bill would also authorize recipients of State SSI supplements to
request a fair hearing from OTDA; clarify the definition of
"additional State payments" and add a definition for "standard of
need"; establish that no additional State payments may be given to
persons who are ineligible for federal SSI benefits for any reason
other than having income exceeding the federal benefit rate; and
authorize OTDA to make

Medicaid disability determinations for recipients of additional State
payments who are not eligible for federal SSI benefits.

Budget Implications:

Through an upfront investment of $23.9 million in new IT systems and
staff over two years beginning in 2012-13, the State can provide the
same service that the Federal Government currently provides at $10.94
per benefit issuance for under $2 per benefit issuance, saving over
$90 million annually after full implementation in SFY 2014-2015.

Effective Date:

This bill takes effect immediately.

Part F - Reauthorize Child Welfare Financing Provisions.

Purpose:

This bill would extend provisions related to funding for children and
family services that are intended to keep families intact, while
encouraging expedited permanency for children in foster care.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Child Welfare Financing Reform, enacted in 2002, created important
General Fund programs to support at-risk children and their families.
It currently provides 62 percent open-ended State reimbursement to
local social service districts (LSSDs) for the non-Federal share of
child preventive services, child protective services, after care,
independent living and adoption subsidies, services and
administrative costs, while capping reimbursement for foster care
services. The current funding structure is intended to help keep
families intact and, if that outcome is determined not to be in the
best interest of the child, to establish permanent placements for
foster children as quickly as possible.

Child Welfare Financing Reform is scheduled to sunset on June 30,
2012, which would return the State to a funding structure with
open-ended 50/50 State/local shares for foster care and open-ended
75/25 State/local shares for preventive services, protective
services, and adoption subsidies, services and administrative costs.
This bill would renew the State's commitment to funding programs that

keep children safe, provide support to children and families in their
homes and encourage permanency, by extending Child Welfare Financing
Reform until June 30, 2017. It would, however, allow the State
Commission on the Quality of Foster Care, authorized in the 2002
reform but never established, to sunset.

Additionally, this bill would continue State reimbursement to LSSDs
for kinship guardianship assistance expenditures through the Foster
Care Block Grant.

Furthermore, this bill would amend provisions of the Social Services
Law to accurately reflect the current percentages of State
reimbursement to LSSDs for child preventive, child protective, after
care, independent living, and adoption subsidies, services and
administration costs.

Budget Implications:

This bill is necessary to implement the 2012-13 Executive Budget,
which assumes that the current funding structure is continued for
child welfare services, foster care, adoption, and kinship
guardianship. If the Child Welfare Financing Reform provisions were
to sunset, the State would face unbudgeted costs because the funding
structure would revert back to an open-ended State share for the
foster care program and higher open-ended shares in preventive
services, protective services, arid adoption subsidies, services and
administrative costs.

Effective Date:

This bill takes effect April 1, 2012.

Part G - Enact Juvenile Justice Reform. Purpose:

This bill would improve outcomes for youth in the juvenile justice
system through comprehensive services provided closer to home.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would transform the juvenile justice system by authorizing
New York City to develop a juvenile justice system that provides an
effective combination of community services, supervision, treatment
and residential placement. Through the use of a validated risk
assessment instrument and process, youth would be placed in the least
restrictive, most appropriate level of care, consistent with public
safety and keeping youth close to home to strengthen family and
community connections. Programs and services provided to youth would
be those with a record of improving outcomes for youth and
maintaining public safety.

Effective April 1, 2012, New York City will be authorized to implement
a close to home initiative to provide services for adjudicated
juvenile delinquents determined by a Family Court as needing
placement in other than a secure facility and to contract with
authorized agencies to operate and maintain non-secure and limited
secure facilities.

The initiative would be subject to a plan prepared by New York City
and approved by the Office of Children and Family Services (OCFS) and
the Director of the Budget. Before submitting a plan, New York City
would be required to hold at least one public hearing on its proposed
plan.

Upon approval of a close to home initiative plan, Family Courts in New
York City will only be able to place juvenile delinquents needing the
level of care contained in the plan with the Administration for
Children Services; such youth could no longer be placed with OCFS. In
addition, OCFS will petition the Family Courts to transfer New York
City youth who are in its care to New York City, except when such a
transfer would be detrimental to a particular youth. To balance the
size and cost of the State-run system and provide regionally-based
care to the remaining juveniles. OCFS will be authorized, for up to
one year from the effective date of the approved plan, to close any
of its facilities in the same level of care, and to make associated
service and staffing reductions, upon 60 days' notice of its intent
to close a facility.

OCFS will be responsible for oversight and monitoring of the
initiative. Such activities will include: establishing regulations;
licensing new residential programs; conducting case record reviews,
on-site inspections, and staff, family and client interviews;
reviewing information and data regarding provider performance, youth
and staff safety, and quality of care; and requiring corrective
actions, if necessary.

The bill expands to all social services districts OCFS's current
authority to conditionally release juvenile delinquents placed in its
care and to obtain court authority to provide routine medical care to
juvenile delinquents. It also requires the use of a predispositional
risk assessment instrument throughout the State to provide an
objective tool to inform the court, prior to its dispositional
decision, of the risk an adjudicated delinquent may pose to public
safety. In addition, it eliminates the Family Courts' authority to
require that juvenile delinquents placed in the custody of OCFS or
social services districts reside in specific voluntary agencies.

Under existing law, OCFS operates facilities across the State for
juvenile delinquents sent for residential placement by the Family
Courts. Such facilities are costly. In addition, many are a
significant distance from the home communities of New York City
youth, need to improve the conditions of care, and have inconsistent
results at reducing recidivism.

Budget Implications:

This bill is necessary to implement the 2012-13 Executive Budget
because it authorizes the closure of OCFS youth facilities and the
implementation of a close to home initiative, both of which are
included in the Executive Budget. While the bill is estimated to have
a modest cost ($3 million) to the State and to provide modest savings
to local governments in 2012-13 initially, when fully implemented
there would be an estimated recurring cost savings to both the State
($4.5 million) and localities.

Effective Date:

This bill takes effect immediately. Part A is effective April 1, 2012
expires and is repealed on March 31, 2018. Part B is effective April
1, 2012.

Part H - Extend the New York State Higher Education Capital Matching
Grant Program.

Purpose:
This bill would extend the Higher Education Capital (HECap) Matching
Grant Program for one additional year.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The 2006 Enacted Budget authorized the creation of the $150 million
HECap Matching Grant Program to support capital projects at the
State's various independent colleges. Projects are selected through a
formula-driven process and must have a three to one (non-State to
State) dollar match by eligible academic institutions. To date, 123
projects totaling $126.4 million have been approved. The HECap
Program is set to expire on March 31, 2012. A one year extender would
ensure that all funds would be provided to the remaining eligible
academic institutions in a fair and equitable manner. Furthermore,
reallocation of remaining funds would be distributed in a manner
consistent with the goals and objectives of the State's Regional
Economic Development Councils.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which assumes that the entire $150 million is provided to
eligible academic institutions.

Effective Date:

This bill takes effect immediately.

Part I - Provide for the development of a master agreement with
general terms and conditions and the use of memoranda of

understanding between State agencies and Cornell University, to
facilitate the provision of services and technical assistance to the
State.

Purpose:

This bill would provide for the development of a master agreement with
general terms and conditions and authorizes the use of memoranda of
understanding (MOUs) between State agencies and Cornell University
for the purposes of Cornell's provision of services and technical
assistance to the State.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under existing law, statutory colleges of the state are not expressly
defined as either private institutions or state agencies for the
purposes of entering into contracts with state agencies. This bill
would amend and clarify in statute the relationship between the
statutory colleges and the state for purposes of complying with State
Finance Law. The amendments would provide for appropriate oversight
of standard contractual terms and conditions, as well as delineate
such land grant services provided to the state for which MOUs would
be used. Allowing an MOU process would help expedite the work that
Cornell University performs on behalf of the state as part of the
University's land grant mission.

Budget Implications:

Enactment of this bill would result in administrative efficiencies for
state agencies which frequently rely on services provided by land
grant institutions.

Effective Date:

This bill takes effect immediately.

Part J - Rationalize the Financing System for Preschool Special
Education.

Purpose:
This bill would rationalize the financing structure for preschool
special education and eliminate potential conflicts of interest
inherent in the current evaluation system, generating tens of
millions in fiscal relief for counties outside New York City.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

New York State offers extensive services to its students with
disabilities, including services to children before they reach school
age. The State's investment in preschool special education has

doubled over the past ten years to a projected State cost of $1.1
billion for the upcoming school year. This bill rationalizes the
existing preschool special education financing system by requiring
that school districts, who make most programmatic decisions, share
equally in the costs of growth in the program with the State and
counties.

The bill also addresses the potential conflict of interest intrinsic
in the existing evaluation system by:

*requiring an explanation when a distant provider is recommended
instead of a closer, suitable provider; and

*prohibiting, in most cases, children being evaluated by the same
agency that provides the child's educational services or by an
evaluator with a less-than-arms-length relationship to the agency.

Budget Implications:

Enactment of this bill is necessary to modify the financing structure
for preschool special education and implement other provisions
related to the 2012-13 Executive Budget.

Effective Date:

This bill takes effect July 1, 2012.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

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

    S. 6257                                                  A. 9057

                      S E N A T E - A S S E M B L Y

                            January 17, 2012
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT  in  relation  to school district eligibility for an increase in
  apportionment of school aid and implementation of  new  standards  for
  conducting annual professional performance reviews to determine teach-
  er  and  principal  effectiveness;  to  amend  the  education  law, in
  relation to contracts for excellence,  apportionment  of  school  aid,
  apportionment  of school aid and of current year approved expenditures
  for debt service,  calculation  of  the  gap  elimination  restoration
  amount, apportionment for transportation, maximum class size; 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; and  in
  relation  to  extending the expiration of certain provisions; 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  govern-
  ment,  chapter  698  of  the  laws  of 1996 amending the education law
  relating to transportation contracts, 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,  to  amend  chapter 57 of the laws of 2008 amending the
  education law relating to the universal pre-kindergarten  program,  in
  relation  to  extending  the  expiration of certain provisions of such
  chapters; in relation to school bus driver training;  in  relation  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-01-2

S. 6257                             2                            A. 9057

  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; relating to submission of school  construction  final  cost
  reports; and providing for the repeal of certain provisions upon expi-
  ration  thereof  (Part  A); to amend the education law, in relation to
  tenured teacher disciplinary hearings (Part B); to  amend  the  social
  services  law, in relation to increasing the standards of monthly need
  for aged, blind and disabled persons living in the community (Part C);
  to amend the social services law, in  relation  to  the  standards  of
  monthly  need for persons in receipt of public assistance (Part D); to
  amend the social services law, in relation to authorizing  the  office
  of  temporary  and  disability assistance to administer the program of
  supplemental security income additional state payments; and to  repeal
  certain  provisions  of  such  law relating thereto (Part E); to amend
  chapter 83 of the laws of 2002 amending the executive  law  and  other
  laws relating to funding for children and family services, in relation
  to the effectiveness thereof; and to amend the social services law, in
  relation  to reauthorizing child welfare financing to continue current
  funding structure (Part F); to amend the social services law  and  the
  family  court  act,  in  relation  to  establishing a juvenile justice
  services close to home initiative and providing for the repeal of such
  provisions upon expiration thereof  (Subpart  A);  and  to  amend  the
  social  services law and the family court act, in relation to juvenile
  delinquents (Subpart B) (Part G); to amend chapter 57 of the  laws  of
  2005  amending  the  labor  law  and other laws implementing the state
  fiscal plan for the 2005-2006 state fiscal year, relating to  the  New
  York  state  higher education capital matching grant program for inde-
  pendent colleges, in relation to the effectiveness thereof  (Part  H);
  to  amend  the  education  law,  in relation to provision of services,
  technical assistance and  program  activities  to  state  agencies  by
  Cornell  university  (Part  I);  and  to  amend  the education law, in
  relation to special education programs for preschool children  with  a
  disability (Part J)

  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 2012-2013
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through J. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, 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. Notwithstanding  any  inconsistent  provision  of  law,  no
school  district  shall  be  eligible  for  an  apportionment of general

S. 6257                             3                            A. 9057

support for public schools from the funds appropriated for  the  2012-13
school  year  and thereafter in excess of the amount apportioned to such
district for the same time period  during  the  base  year  unless  such
school  district  has  submitted documentation that has been approved by
the commissioner of education by January 17, 2013 demonstrating that  it
has fully implemented new standards and procedures for conducting annual
professional  performance  reviews  of  classroom  teachers and building
principals to determine teacher and  principal  effectiveness;  provided
however that if any such payments in excess of the amount apportioned to
such  district  for the same time period during the base year were made,
and the school district has not  submitted  documentation  that  it  has
fully  implemented  new  standards  and procedures as set forth above by
January 17, 2013, the total amount of such payments shall be deducted by
the commissioner from  future  payments  to  the  school  district;  and
provided  further that, for the 2012-13 school year if such deduction is
greater than the sum of the amounts available for such  deductions,  the
remainder  of the deduction shall be withheld from payments scheduled to
be made to the school district pursuant to section 3609-a of the  educa-
tion law for the 2013-14 school year.
  S  2.  Paragraph  e of subdivision 1 of section 211-d of the education
law, as amended by section 1 of part A of chapter  58  of  the  laws  of
2011, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  AND  PROVIDED  FURTHER
THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, UNLESS ALL SCHOOLS
IN  THE  DISTRICT  ARE  IDENTIFIED  AS  IN GOOD STANDING, SHALL SUBMIT A
CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND  THIR-
TEEN  SCHOOL  YEAR  WHICH  SHALL,  NOTWITHSTANDING  THE  REQUIREMENTS OF
SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO  OF  THIS  SECTION,
PROVIDE  FOR  THE  EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT  FOR  EXCELLENCE
FOR  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND TWELVE SCHOOL YEAR.   For
purposes of this paragraph, the "gap elimination adjustment  percentage"
shall  be  calculated as the sum of one minus the quotient of the sum of
the school district's net gap elimination adjustment  for  two  thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws  of  two  thousand  ten,  making  appropriations for the support of
government, plus the school district's gap  elimination  adjustment  for
two  thousand  eleven--two  thousand  twelve as computed pursuant to [a]
chapter FIFTY-THREE of the laws of two thousand eleven, making appropri-

S. 6257                             4                            A. 9057

ations for the support of the local assistance budget, including support
for general support for public schools, divided by  the  total  aid  for
adjustment  computed  pursuant to [a] chapter FIFTY-THREE of the laws of
two  thousand  eleven,  making  appropriations  for the local assistance
budget, including  support  for  general  support  for  public  schools.
Provided,  further,  that  such  amount shall be expended to support and
maintain allowable programs and activities approved in the two  thousand
nine--two  thousand ten school year or to support new or expanded allow-
able programs and activities in the current year.
  S 3. Subdivision 1 of section 1104 of the education law, as amended by
chapter 53 of the laws of 1990, is amended to read as follows:
  1. The commissioner [of education]  in  the  annual  apportionment  of
public  moneys  shall  apportion  therefrom  to  each county maintaining
approved vocational education and extension work, a quota  amounting  to
one-half    of  the  salary  paid each teacher, director, assistant, and
supervisor, WHERE SUCH SALARY IS ATTRIBUTABLE TO A COURSE OF STUDY FIRST
SUBMITTED TO THE COMMISSIONER FOR APPROVAL PURSUANT  TO  SECTION  ELEVEN
HUNDRED  THREE  OF  THIS PART ON OR BEFORE JULY FIRST, TWO THOUSAND TEN,
but not to exceed THE AMOUNT COMPUTED BY THE COMMISSIONER BASED UPON  AN
ASSUMED ANNUALIZED SALARY EQUAL TO ten thousand five hundred dollars PER
SCHOOL  YEAR  on  account  of  the employment of such teacher, director,
assistant or supervisor.
  S 4. Section 1104 of the education law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  FOR  THE APPORTIONMENT PAYABLE PURSUANT TO THIS SECTION FOR SCHOOL
YEARS COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND NINE, THE COMMISSION-
ER SHALL CERTIFY NO PAYMENT TO  A  VOCATIONAL  EDUCATION  AND  EXTENSION
BOARD  BASED ON A CLAIM SUBMITTED LATER THAN THREE YEARS AFTER THE CLOSE
OF THE SCHOOL YEAR IN WHICH SUCH PAYMENT  WAS  FIRST  TO  BE  MADE.  FOR
CLAIMS  FOR  WHICH  PAYMENT  IS  FIRST  TO  BE  MADE IN THE TWO THOUSAND
NINE--TWO THOUSAND TEN SCHOOL  YEAR  AND  THEREAFTER,  THE  COMMISSIONER
SHALL  CERTIFY  NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION BOARD
BASED ON A CLAIM SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE  OF  SUCH
SCHOOL  YEAR.  PROVIDED, HOWEVER, NO PAYMENTS SHALL BE BARRED OR REDUCED
WHERE SUCH PAYMENT IS REQUIRED AS A RESULT  OF  A  FINAL  AUDIT  OF  THE
STATE.
  S  5.  Paragraphs  dd  and  ee of subdivision 1 of section 3602 of the
education law, as added by section 25 of part A of  chapter  58  of  the
laws of 2011, are amended to read as follows:
  dd.  "Allowable  growth amount" shall mean the product of the positive
difference of the personal income growth index minus one, multiplied  by
the  statewide total of the SUM OF (1) THE apportionments, including the
gap elimination adjustment, due and owing during the base year, commenc-
ing with the base year computed for the two thousand  twelve--two  thou-
sand thirteen school year, to school districts and boards of cooperative
educational  services  from  the  general  support for public schools as
computed based on an electronic data file used to produce the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for the base year PLUS (2) THE COMPETITIVE AWARDS AMOUNT FOR THE
BASE YEAR.
  ee. "Competitive awards amount" shall mean, for two thousand  twelve--
two  thousand thirteen state fiscal year, fifty million dollars, and for
two thousand thirteen--two thousand fourteen and thereafter, [the  prod-
uct  of  the  personal  income  growth index multiplied by the base year
competitive awards amount] ONE HUNDRED MILLION DOLLARS.

S. 6257                             5                            A. 9057

  S 6. Paragraph c of subdivision 17 of section 3602  of  the  education
law, as added by section 37 of part A of chapter 58 of the laws of 2011,
is amended and a new paragraph d is added to read as follows:
  c.  The  gap  elimination  adjustment for the two thousand twelve--two
thousand thirteen school year and thereafter shall be equal to  the  gap
elimination adjustment for the base year, plus, in any year in which the
preliminary growth amount exceeds the allowable growth amount, the prod-
uct  of  the gap elimination adjustment percentage for such district and
the positive difference, if any, between the preliminary  growth  amount
less  the  allowable  growth amount, as computed pursuant to subdivision
one of this section, and  less  the  [product  of  the  gap  elimination
adjustment percentage for such district and the] gap elimination adjust-
ment  restoration  amount,  if  any,  allocated pursuant to [subdivision
eighteen of] this section.
  D.  (I) THE GAP ELIMINATION RESTORATION AMOUNT FOR  THE  TWO  THOUSAND
TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL YEAR FOR A SCHOOL DISTRICT SHALL
EQUAL THE GREATER OF:
  (A) THE PRODUCT OF (1) THE PRODUCT OF THE  EXTRAORDINARY  NEEDS  INDEX
MULTIPLIED  BY TWO HUNDRED FOURTEEN DOLLARS AND FIFTY CENTS, COMPUTED TO
TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY (2) THE STATE SHARING
RATIO COMPUTED PURSUANT TO PARAGRAPH G  OF  SUBDIVISION  THREE  OF  THIS
SECTION  MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO  OF  PARAGRAPH  N  OF
SUBDIVISION  ONE  OF  THIS  SECTION, WHERE THE EXTRAORDINARY NEEDS INDEX
SHALL BE THE  QUOTIENT  OF  THE  EXTRAORDINARY  NEEDS  PERCENT  FOR  THE
DISTRICT  COMPUTED  PURSUANT  TO  PARAGRAPH W OF SUBDIVISION ONE OF THIS
SECTION DIVIDED BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT; OR
  (B) FOR ANY DISTRICT WITH A GEA/TGFE RATIO GREATER THAN ONE, WHERE THE
GEA/TGFE RATIO SHALL BE THE QUOTIENT OF (1) THE GAP ELIMINATION  ADJUST-
MENT  FOR  THE  TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR FOR
THE DISTRICT DIVIDED BY THE TOTAL  GENERAL  FUND  EXPENDITURES  OF  SUCH
DISTRICT IN THE BASE YEAR, DIVIDED BY (2) THE STATEWIDE TOTAL GAP ELIMI-
NATION  ADJUSTMENT  FOR  THE  TWO  THOUSAND  ELEVEN--TWO THOUSAND TWELVE
SCHOOL YEAR DIVIDED BY TOTAL GENERAL FUND EXPENDITURES IN THE BASE YEAR,
THE PRODUCT OF (A) THE PRODUCT OF THE GEA/TGFE RATIO MULTIPLIED BY NINE-
TY DOLLARS, COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING,  MULTIPLIED
BY  (B)  THE  STATE  SHARING  RATIO  COMPUTED PURSUANT TO PARAGRAPH G OF
SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY (C)  THE  PUBLIC  SCHOOL
DISTRICT  ENROLLMENT  FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; OR
  (C) ONE PERCENT OF THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR,
  BUT SHALL BE NO GREATER THAN THE PRODUCT OF  TWENTY-FIVE  PERCENT  AND
THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR FOR THE DISTRICT.
  (II) THE GAP ELIMINATION RESTORATION AMOUNT FOR THE TWO THOUSAND THIR-
TEEN--TWO  THOUSAND  FOURTEEN SCHOOL YEAR AND THEREAFTER SHALL EQUAL THE
PRODUCT OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT AND THE  GAP
ELIMINATION  ADJUSTMENT  RESTORATION  ALLOCATION ESTABLISHED PURSUANT TO
SUBDIVISION EIGHTEEN OF THIS SECTION.
  S 7. Paragraph c of subdivision 7 of section  3602  of  the  education
law,  as  amended  by section 1 of part A-4 of chapter 58 of the laws of
2006, is amended to read as follows:
  c. For the purposes of computing this apportionment for the two  thou-
sand  five--two thousand six school year and thereafter, approved trans-
portation capital, debt service, and lease expense shall be  the  amount

S. 6257                             6                            A. 9057

computed based upon an assumed amortization determined pursuant to para-
graph  e  of  this  subdivision  for an expenditure incurred by a school
district and approved by the commissioner for those items of transporta-
tion capital, debt service and lease expense allowable under subdivision
two  of  section  thirty-six hundred twenty-three-a of this article for:
(i) the regular aidable transportation of  pupils,  as  such  terms  are
defined in sections thirty-six hundred twenty-one and thirty-six hundred
twenty-two-a  of  this article, (ii) the transportation of children with
disabilities pursuant to article eighty-nine of this chapter, and  (iii)
the  transportation  of  homeless  children  pursuant  to paragraph c of
subdivision four of section thirty-two hundred  nine  of  this  chapter,
provided  that  the total approved cost of such transportation shall not
exceed the amount of the total cost of the most cost-effective  mode  of
transportation.  Approvable expenses for the purchase of school buses ON
OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWELVE shall be  limited  to  the
actual purchase price, or the expense as if the bus were purchased under
state  contract,  whichever is less. If the commissioner determines that
no comparable bus was available under state  contract  at  the  time  of
purchase,  the approvable expenses shall be the actual purchase price or
the state wide median price of such bus in the most recent base year  in
which  such  median price was established with an allowable year to year
CPI increase as defined in subdivision fourteen of section three hundred
five of this chapter; whichever is less. Such median shall  be  computed
by  the  commissioner  for the purposes of this subdivision.  APPROVABLE
EXPENSES FOR THE PURCHASE OF VEHICLES FOR TRANSPORTING STUDENTS AND  FOR
EQUIPMENT  DEEMED A PROPER SCHOOL DISTRICT EXPENSE PURSUANT TO PARAGRAPH
C OF SUBDIVISION TWO OF SECTION  THIRTY-SIX  HUNDRED  TWENTY-THREE-A  OF
THIS ARTICLE, AFTER JUNE THIRTIETH, TWO THOUSAND TWELVE, SHALL BE LIMIT-
ED TO THE ACTUAL PURCHASE PRICE OF ANY VEHICLE FOR TRANSPORTING STUDENTS
AND/OR  EQUIPMENT  PURCHASED  UNDER  SUCH  CENTRALIZED  STATE  CONTRACT,
PROVIDED, HOWEVER THAT IF THE COMMISSIONER DETERMINES THAT THE  DISTRICT
IS  UNABLE  TO  PROVIDE  APPROPRIATE TRANSPORTATION WITH THE VEHICLE FOR
TRANSPORTING STUDENTS AND/OR EQUIPMENT AVAILABLE UNDER SUCH  CENTRALIZED
STATE  CONTRACT,  THE  APPROVABLE  EXPENSES SHALL BE THE ACTUAL PURCHASE
PRICE OR THE STATEWIDE MEDIAN PRICE OF  SUCH  VEHICLE  FOR  TRANSPORTING
STUDENTS  IN  THE  MOST  RECENT BASE YEAR IN WHICH SUCH MEDIAN PRICE WAS
ESTABLISHED WITH AN ALLOWABLE YEAR TO YEAR CPI INCREASE  AS  DEFINED  IN
SUBDIVISION  FOURTEEN  OF  SECTION  THREE  HUNDRED FIVE OF THIS CHAPTER;
WHICHEVER IS LESS.
  S 8. Paragraphs a and b of subdivision 5 of section 3604 of the educa-
tion law, paragraph a as amended by chapter 161 of the laws of 2005  and
paragraph  b  as  amended  by section 59 of part A of chapter 436 of the
laws of 1997, are amended to read as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school  district  has
been  apportioned  less  money  than  that  to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned  more  money  than
that  to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to  the  general
fund  local  assistance  account  for  state  aid to the schools, or may
deduct such amount from the  next  apportionment  to  be  made  to  said
district,  provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through  deduction
of  future  aid payments, a school district may request that such excess
payments be  recovered  by  deducting  such  excess  payments  from  the

S. 6257                             7                            A. 9057

payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two  succeeding  school  years,  provided further that there shall be no
interest  penalty  assessed  against  such  district or collected by the
state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund  expenditures  for  the  preceding  school
year.  The  amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is  recognized
as  a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's  unreserved
fund  balance at the close of the preceding school year less the product
of the district's total general  fund  expenditures  for  the  preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments.  The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to  be  recovered
or  one-third  of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year.  Provided  further
that,  notwithstanding  any  other  provisions  of this subdivision, any
pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess  of
the  amount  to which the district is entitled and for which recovery of
excess payments is to be made  pursuant  to  this  paragraph,  shall  be
reduced  at  the  time  of  actual  payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled  deductions
of  such  excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered.  [The  commissioner
shall certify no payment to a school district based on a claim submitted
later  than three years after the close of the school year in which such
payment was first to be made.  For claims for which payment is first  to
be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based  on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred  ninety-seven--ninety-eight]   PRIOR   TO   THE   TWO   THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  school year [and thereafter], the commis-
sioner shall certify no payment to a school district based  on  a  claim
submitted  later  than  one  year  after  the close of such school year.
[Provided, however, no payments shall be barred or  reduced  where  such
payment  is  required  as  a result of a final audit of the state. It is
further provided that, until June thirtieth,  nineteen  hundred  ninety-
six,  the  commissioner  may  grant a waiver from the provisions of this
section for any school district if it is in the best educational  inter-
ests of the district pursuant to guidelines developed by the commission-
er  and  approved  by the director of the budget.] FURTHER PROVIDED THAT
FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED  ONE,
SEVEN   HUNDRED   ELEVEN,   SEVEN   HUNDRED   FIFTY-ONE,  SEVEN  HUNDRED
FIFTY-THREE,  THIRTY-SIX  HUNDRED   TWO,   THIRTY-SIX   HUNDRED   TWO-B,
THIRTY-SIX  HUNDRED  TWO-C,  THIRTY-SIX  HUNDRED  TWO-E,  AND THIRTY-SIX
HUNDRED TWELVE OF THIS CHAPTER FOR THE TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN AND PRIOR SCHOOL  YEARS,  THE  COMMISSIONER  SHALL  CERTIFY  NO
PAYMENT  TO  A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVI-
SIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX  HUNDRED
TWO  OF  THIS  PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELEC-

S. 6257                             8                            A. 9057

TRONIC DATA FILE  USED  TO  PRODUCE  THE  SCHOOL  AID  COMPUTER  LISTING
PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
SUBMITTED FOR THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  STATE
FISCAL  YEAR  AND  ENTITLED "BT121-3", AND FURTHER PROVIDED THAT FOR ANY
APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN  HUNDRED  ONE,  SEVEN
HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE,  SEVEN HUNDRED FIFTY-THREE,
THIRTY-SIX HUNDRED TWO, THIRTY-SIX  HUNDRED  TWO-B,  THIRTY-SIX  HUNDRED
TWO-C,  THIRTY-SIX  HUNDRED TWO-E, AND THIRTY-SIX HUNDRED TWELVE OF THIS
CHAPTER FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR
AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT  TO  A  SCHOOL
DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART,  IN
EXCESS  OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL
YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
  b. Claims resulting from court orders or judgments. [Any]  FOR  CLAIMS
FOR  WHICH PAYMENT IS FIRST TO BE MADE PRIOR TO THE TWO THOUSAND TWELVE-
-TWO THOUSAND THIRTEEN SCHOOL YEAR, ANY payment which would  be  due  as
the  result  of  a court order or judgment shall not be barred, provided
that, commencing January first, nineteen hundred ninety-six, such  court
order  or  judgment  and any other data required shall be filed with the
comptroller within one year from the date of the court  order  or  judg-
ment,  and  provided  further  that  the  commissioner  shall certify no
payment to a school district for a specific school year that is based on
a claim that results from a court order or judgement so filed  with  the
comptroller  unless  the total value of such claim, as determined by the
commissioner, is greater than one percent of the school district's total
revenues from state sources as previously recorded in the  general  fund
and  reported  to  the comptroller in the annual financial report of the
school district for such school year.
  S 9. The opening paragraph of section 3609-a of the education law,  as
amended  by  section  40 of part A of chapter 58 of the laws of 2011, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  [and  thereafter]  THROUGH  THE  TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR, "moneys apportioned" shall mean the  lesser  of  (i)
the  sum  of  one hundred percent of the respective amount set forth for
each school district as payable pursuant to this section in  the  school
aid  computer  listing for the current year produced by the commissioner
in support of the budget which includes the appropriation for the gener-
al support for public schools for the prescribed payments  and  individ-
ualized  payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  six-a  and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions  to  current  year  aids  pursuant  to
subdivision seven of section thirty-six hundred four of this part or any
deduction  from  apportionment  payable  pursuant  to  this  chapter for
collection of a school district basic contribution as defined in  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law,  less  any
grants  provided  pursuant  to  subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment  calculated
by  the  commissioner  based  on data on file at the time the payment is
processed; provided however, that for the purposes of any payments  made

S. 6257                             9                            A. 9057

pursuant  to this section prior to the first business day of June of the
current year, moneys apportioned shall  not  include  any  aids  payable
pursuant  to  subdivisions  six  and fourteen, if applicable, of section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or  any  aids  payable  for  full-day  kindergarten for the current year
pursuant to subdivision nine of section thirty-six hundred two  of  this
part.  The definitions of "base year" and "current year" as set forth in
subdivision one of section thirty-six hundred two  of  this  part  shall
apply  to  this section. For aid payable in the two thousand eleven--two
thousand twelve school year, reference  to  such  "school  aid  computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA111-2". FOR AID PAYABLE IN  THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND
THIRTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE
LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT
SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO  THIS  SECTION
IN  THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST  WHICH  INCLUDES
THE  APPROPRIATION  FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE
PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT
SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART MINUS ANY  REDUCTIONS  TO  CURRENT  YEAR
AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
THIS  PART  OR  ANY DEDUCTION FROM THE APPORTIONMENT PAYABLE PURSUANT TO
THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC  CONTRIBUTION  AS
DEFINED  IN  SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
CHAPTER, LESS ANY GRANTS PROVIDED  PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF
PARAGRAPH  B  OF  SUBDIVISION  FOUR OF SECTION NINETY-TWO-C OF THE STATE
FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
TIONMENT  CALCULATED  BY  THE  COMMISSIONER BASED ON DATA ON FILE AT THE
TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES
OF  ANY  PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI-
NESS DAY OF JUNE OF THE  CURRENT  YEAR,  MONEYS  APPORTIONED  SHALL  NOT
INCLUDE  ANY  AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF
APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  PART  AS  CURRENT
YEAR  AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST
ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION  THIRTY-SIX
HUNDRED  TWO  OF  THIS PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT
YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO
OF THIS PART SHALL APPLY TO THIS SECTION.
  S  10.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by section 46 of part A of chapter 58  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
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

S. 6257                            10                            A. 9057

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 eleven--two thousand twelve] TWO THOUSAND TWELVE--TWO  THOUSAND
THIRTEEN.
  S  11. Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended  to  read
as follows:
  c.  The purchase of equipment deemed a proper school district expense,
PROVIDED, HOWEVER THAT SUCH PURCHASE SHALL BE SUBJECT TO THE APPROVAL OF
THE COMMISSIONER AFTER JUNE THIRTIETH, TWO THOUSAND  TWELVE,  including:
(i)  the  purchase  of  two-way  radios to be used on old and new school
buses, (ii) the purchase of stop-arms, to be used on old and new  school
buses,  (iii)  the  purchase  and  installation  of seat safety belts on
school buses in accordance with the  provisions  of  section  thirty-six
hundred  thirty-five-a  of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school  bus  front  crossing  arms,
(vi)  the  purchase  of  school  bus  safety  sensor  devices, (vii) the
purchase and installation  of  exterior  reflective  marking  on  school
buses,  (viii)  the  purchase  of  automatic  engine  fire extinguishing
systems for school buses used to transport students who use  wheelchairs
or  other  assistive  mobility  devices,  and (ix) the purchase of other
equipment as prescribed in the regulations of the commissioner; and
  S 12. Subdivision 6 of section 4402 of the education law,  as  amended
by section 58 of part A of chapter 58 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 [twelve] THIRTEEN of the
[two thousand eleven--two  thousand  twelve]  TWO  THOUSAND  TWELVE--TWO
THOUSAND  THIRTEEN 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

S. 6257                            11                            A. 9057

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
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  13.  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
65 of part A of chapter 58 of the laws of 2011, is amended  to  read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [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,  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,  reimbursement  for  the 2010--2011 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], reimburse-
ment for the 2011--2012 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, AND  REIMBURSEMENT  FOR  THE  2012--2013
SCHOOL YEAR SHALL NOT EXCEED 63.2 PERCENT OF THE LESSER OF SUCH APPROVA-
BLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND FORTY 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 2008-09 school year such
contact hours shall not exceed one million nine hundred forty-six  thou-
sand  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; wher-
eas  for  the 2010--2011 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--2012 school year such contact
hours shall not exceed one  million  seven  hundred  one  thousand  five
hundred  seventy  (1,701,570)  hours;  WHEREAS FOR THE 2012--2013 SCHOOL
YEAR SUCH CONTACT HOURS  SHALL  NOT  EXCEED  ONE  MILLION  FOUR  HUNDRED
SIXTY-EIGHT THOUSAND SEVEN HUNDRED TEN (1,468,710) HOURS.  Notwithstand-
ing any other provision of law to the contrary, the apportionment calcu-
lated  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 eligible for aid
in accordance with the provisions of such subdivision 11 of section 3602
of the education law.
  S 14. 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

S. 6257                            12                            A. 9057

worker education in New York city, is amended by adding a  new  subdivi-
sion q to read as follows:
  Q.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2012--2013 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  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
($11,500,000).
  S  15. 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 section 67 of part A of
chapter 58 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, [2012] 2013.
  S 16. 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 section 68 of part A of chapter 58 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,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2013] 2014.
  S 17. Subdivision 6-a 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 section 51 of part B of chapter 57
of the laws of 2007, is amended to read as follows:
  (6-a) Section seventy-three of this act shall take effect July 1, 1995
and shall be deemed repealed June 30, [2012] 2017;
  S 18. 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 section 69 of part A of chapter 58
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,
[2012] 2013 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-

S. 6257                            13                            A. 9057

ant to section one hundred nineteen of this act shall be  deemed  to  be
repealed on and after July 1, [2012] 2013;
  S  19.  Section  4  of  chapter  698 of the laws of 1996, amending the
education law relating to transportation contracts, as amended by  chap-
ter 165 of the laws of 2007, is amended to read as follows:
  S  4.  This act shall take effect immediately, and shall expire and be
deemed repealed on and after June 30, [2012] 2017.
  S 20. 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 section 72 of part A of
chapter 58 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, [2012] 2013 when
upon such date the provisions of this act shall be deemed repealed.
  S  21.  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  section  73 of part A of chapter 58 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, [2012] 2013.
  S  22.  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 74 of part A of chapter 58 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, [2012] 2013.
  S 23. Subdivision 4 of section 51 of part B of chapter 57 of the  laws
of  2008,  amending the education law relating to the universal pre-kin-
dergarten program, as amended by chapter 2  of  the  laws  of  2011,  is
amended to read as follows:
  4.  section  23  of  this act shall take effect July 1, 2008 and shall
expire and be deemed repealed June 30, [2012] 2013;
  S 24. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the  2012--13  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
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 25. Support of public libraries. The  moneys  appropriated  for  the
support  of public libraries by the chapter of the laws of 2012 enacting
the aid to localities budget shall be apportioned for the 2012--13 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  act,  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

S. 6257                            14                            A. 9057

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 2012--2013
by a chapter of the laws of 2012 enacting the aid to  localities  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 26. 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,  2013  and not later than the last day of the third full
business week of June, 2013, 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, 2013, for salary expenses incurred between April  1
and June 30, 2013 and such apportionment shall not exceed the sum of (i)
the  deficit  reduction  assessment  of  1990--91  as  determined by the
commissioner 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 inhab-
itants  according  to  the  latest  federal census plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of education pursuant to chapter 53 of the laws of 2010,  plus  (v)  the
gap elimination adjustment for 2011--12 as determined by the commission-
er of education pursuant to subdivision 17 of section 3602 of the educa-
tion  law, and provided further that such apportionment shall not exceed
such salary expenses.  Such  application  shall  be  made  by  a  school
district, after the board of education or trustees have adopted a resol-
ution  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
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

S. 6257                            15                            A. 9057

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  27. 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, 2013, 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, 2013 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
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president 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
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

S. 6257                            16                            A. 9057

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  28.  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 programs.
  S 29. 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  2012--13  school  year, as a non-component school
district, services required by article 19 of the education law.
  S 30. 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 2012--2013 school year.
To  the city school district of the city of New York there shall be paid
forty-eight  million   one   hundred   seventy-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, twen-
ty-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, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   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

S. 6257                            17                            A. 9057

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 subdivision a of this section, a
school district receiving a grant pursuant to this section may use  such
grant  funds  for:  (i) any instructional or instructional support costs
associated with the operation of a magnet school; or (ii)  any  instruc-
tional  or instructional support costs associated with implementation of
an alternative approach to reduction of racial isolation and/or enhance-
ment of the instructional program and raising of standards in elementary
and secondary schools of school  districts  having  substantial  concen-
trations  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 commissioner.
  c.  for  the  purpose of attendance improvement and dropout prevention
for the 2012--2013 school year, for any city school district in  a  city
having  a  population of more than one million, the setaside for attend-
ance improvement and dropout prevention shall equal the amount set aside
in the year prior to the base year. For the 2012--2013 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 subdivision to community-based organizations. Any
increase required pursuant to this subdivision to community-based organ-
izations must be in addition to allocations provided to  community-based
organizations in the base year.
  d.  for the purpose of teacher support for the 2012--2013 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 seven-
ty-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,  eight  hundred
nine  thousand  dollars ($809,000). All funds made available to a school
district pursuant to this subdivision shall be distributed among  teach-
ers  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

S. 6257                            18                            A. 9057

the existence of a negotiated agreement between a school district and  a
certified or recognized employee organization.
  S  31.  a. Notwithstanding any other provision of law to the contrary,
the actions or omissions of any school district which failed to submit a
final building project cost report by June 30 of the school year follow-
ing June 30 of the school year in which the certificate  of  substantial
completion of the project is issued by the architect or engineer, or six
months after issuance of such certificate, whichever is later, are here-
by  ratified  and  validated  for  each school year after the final cost
report is filed, provided that such school district submits a final cost
report on or before December 31, 2012 and such report is approved by the
commissioner of education, provided further  that  any  amount  due  and
payable for school years prior to the 2013-14 school year as a result of
this  act  shall  be  paid  pursuant to the provisions of paragraph c of
subdivision 5 of section 3604 of the education law.
  b. Notwithstanding any other provision of law  to  the  contrary,  any
pending  payment  of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of subdivision 5 of section 3604 of
the education law for aid claims that had been previously paid in excess
as current year aid payments and for which recovery of  excess  payments
is  to  be  made pursuant to this act, shall be reduced by any remaining
unrecovered balance of such excess payments, and the remaining scheduled
deductions of such excess payments pursuant to this act shall be reduced
by the commissioner of education to reflect the amount so recovered.
  c. The  education  department  is  hereby  directed  to  consider  the
approved  costs of the aforementioned projects as valid and proper obli-
gations of such school districts.
  S 32. 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  33.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2012, provided,
however, that:
  1. Section three of this act shall be deemed  to  have  been  in  full
force and effect on and after July 1, 2006;
  2.  Sections  six,  nine, ten, twelve, thirteen, fourteen, twenty-four
and thirty of this act shall take effect July 1, 2012;
  3. The amendments to subdivision 6 of section 4402  of  the  education
law  made  by  section twelve of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
  4. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education  in New York city, made by sections thirteen and four-
teen of this act shall not affect the repeal of such chapter  and  shall
be deemed repealed therewith; and
  5.  Section  twenty-eight  of  this  act  shall  expire  and be deemed
repealed June 30, 2013.

S. 6257                            19                            A. 9057

                                 PART B

  Section  1. Section 3020-a of the education law, as amended by chapter
691 of the laws of 1994, paragraph (b) of subdivision  2  as  separately
amended  by  chapters  296 and 325 of the laws of 2008, paragraph (c) of
subdivision 2 and paragraph a of subdivision 3 as amended  and  subpara-
graph  (i-a)  of paragraph c of subdivision 3 as added by chapter 103 of
the laws of 2010, is amended to read as follows:
  S 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
All charges against a person enjoying the benefits of tenure as provided
in subdivision three of section [one thousand one] ELEVEN  hundred  two,
and sections [two thousand five] TWENTY-FIVE hundred nine, [two thousand
five]  TWENTY-FIVE  hundred seventy-three, twenty-five hundred ninety-j,
three thousand twelve and three thousand fourteen of this chapter  shall
be  in  writing  and  filed  with  the  clerk or secretary of the school
district or employing board during the period between the actual opening
and closing of the school  year  for  which  the  employed  is  normally
required  to  serve.  Except as provided in subdivision eight of section
[two thousand five] TWENTY-FIVE hundred  seventy-three  and  subdivision
seven of section twenty-five hundred ninety-j of this chapter, no charg-
es  under  this section shall be brought more than three years after the
occurrence of the alleged incompetency or misconduct,  except  when  the
charge is of misconduct constituting a crime when committed.
  2.  [(a)]  Disposition of charges. A. Upon receipt of the charges, the
clerk or secretary of the school district or employing board shall imme-
diately notify said board thereof. Within five  days  after  receipt  of
charges,  the employing board, in executive session, shall determine, by
a vote of a majority of all the members of such board, whether  probable
cause  exists  to  bring  a  disciplinary proceeding against an employee
pursuant to this section. If such determination is affirmative, a  writ-
ten  statement  specifying  (I)  the charges in detail, (II) the maximum
penalty which will be imposed by the board  if  the  employee  does  not
request a hearing or that will be sought by the board if the employee is
found guilty of the charges after a hearing, (III) THE RESPONSIBILITY OF
THE  EMPLOYEE  OR THE EMPLOYEE'S COLLECTIVE BARGAINING UNIT, AS APPLICA-
BLE, TO PAY A SHARE OF HEARING COSTS UNDER THE CIRCUMSTANCES  SET  FORTH
IN PARAGRAPHS B AND C OF SUBDIVISION THREE OF THIS SECTION, and [outlin-
ing] (IV) the employee's rights under this section, shall be immediately
forwarded  to  the  accused  employee  by  certified or registered mail,
return receipt requested or by personal delivery to the employee.
  [(b)] B. The employee may be suspended pending a hearing on the charg-
es and the final determination thereof. The  suspension  shall  be  with
pay,  except  the  employee may be suspended without pay if the employee
has entered a guilty plea to or has been convicted  of  a  felony  crime
concerning  the criminal sale or possession of a controlled substance, a
precursor of a controlled substance, or drug paraphernalia as defined in
article two hundred twenty or two hundred twenty-one of the  penal  law;
or  a  felony  crime involving the physical abuse of a minor or student.
The employee shall be terminated without a hearing, as provided  for  in
this  section,  upon conviction of a sex offense, as defined in subpara-
graph two of paragraph b of subdivision seven-a of section three hundred
five of this chapter.  To the extent this section applies to an employee
acting as a school administrator or supervisor, as defined  in  subpara-
graph  three  of  paragraph  b  of  subdivision seven-b of section three
hundred five of this chapter, such employee shall be terminated  without
a  hearing, as provided for in this section, upon conviction of a felony

S. 6257                            20                            A. 9057

offense defined in  subparagraph  two  of  paragraph  b  of  subdivision
seven-b of section three hundred five of this chapter.
  [(c)]  C.  Within ten days of receipt of the statement of charges, the
employee shall notify the clerk or secretary of the employing  board  in
writing  whether he or she desires a hearing on the charges and when the
charges concern pedagogical incompetence or issues involving pedagogical
judgment, his or her choice of either a  single  hearing  officer  or  a
three  member  panel,  provided  that  a three member panel shall not be
available where the charges concern pedagogical incompetence based sole-
ly upon a teacher's or principal's pattern of  ineffective  teaching  or
performance  as defined in section three thousand twelve-c of this arti-
cle. All other charges shall be heard by a single hearing officer.
  [(d)] D. The unexcused failure of the employee to notify the clerk  or
secretary  of  his  or  her  desire for a hearing within ten days of the
receipt of charges shall be deemed a waiver of the right to  a  hearing.
Where  an employee requests a hearing in the manner provided for by this
section, the clerk or secretary of the board shall, within three working
days of receipt of the employee's notice or request for a hearing, noti-
fy the commissioner [of education] of the need for  a  hearing.  If  the
employee  waives his or her right to a hearing the employing board shall
proceed, within fifteen days, by a vote of a majority of all members  of
such  board,  to  determine  the case and fix the penalty, if any, to be
imposed in accordance with subdivision four of this section.
  3. Hearings.  a. Notice of hearing. Upon receipt of a  request  for  a
hearing  in accordance with subdivision two of this section, the commis-
sioner shall  forthwith  notify  the  American  Arbitration  Association
(hereinafter  "association") of the need for a hearing and shall request
the association to provide to the commissioner forthwith a list of names
of persons chosen by the association from  the  association's  panel  of
labor arbitrators to potentially serve as hearing officers together with
relevant  biographical  information  on each arbitrator. Upon receipt of
said list and biographical information, the commissioner shall forthwith
send a copy of both  simultaneously  to  the  employing  board  and  the
employee.  The  commissioner  shall  also simultaneously notify both the
employing board and the employee of  each  potential  hearing  officer's
record  in  the  last  five  cases of commencing and completing hearings
within the time periods prescribed in this section.
  b. (i) Hearing officers. All hearings pursuant to this  section  shall
be conducted before and by a single hearing officer selected as provided
for  in  this  section. A hearing officer shall not be eligible to serve
[as such] IN SUCH POSITION if he or she is  a  resident  of  the  school
district, other than the city of New York, under the jurisdiction of the
employing  board,  an employee, agent or representative of the employing
board or of  any  labor  organization  representing  employees  of  such
employing  board,  has served as such agent or representative within two
years of the date of the scheduled hearing, or if  he  or  she  is  then
serving as a mediator or fact finder in the same school district.
  (A) Notwithstanding any other provision of law, FOR HEARINGS COMMENCED
BY  THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE, the
hearing officer shall be compensated by the department with the  custom-
ary  fee  paid  for  service  as an arbitrator under the auspices of the
association for each day of actual service  plus  necessary  travel  and
other  reasonable  expenses  incurred  in  the performance of his or her
duties. All other expenses of the disciplinary proceedings COMMENCED  BY
THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE shall be
paid in accordance with rules promulgated by the commissioner [of educa-

S. 6257                            21                            A. 9057

tion].    CLAIMS  FOR  SUCH  COMPENSATION FOR DAYS OF ACTUAL SERVICE AND
REIMBURSEMENT FOR NECESSARY  TRAVEL  AND  OTHER  EXPENSES  FOR  HEARINGS
COMMENCED  BY  THE  FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND
TWELVE SHALL BE PAID FROM AN APPROPRIATION FOR SUCH PURPOSE IN THE ORDER
IN  WHICH  THEY  HAVE  BEEN  APPROVED  BY  THE COMMISSIONER FOR PAYMENT,
PROVIDED PAYMENT SHALL FIRST BE MADE FOR ANY OTHER HEARING COSTS PAYABLE
BY THE COMMISSIONER, INCLUDING THE COSTS OF TRANSCRIBING THE RECORD, AND
PROVIDED FURTHER THAT NO SUCH CLAIM SHALL BE SET ASIDE FOR INSUFFICIENCY
OF FUNDS TO MAKE A COMPLETE PAYMENT, BUT SHALL BE ELIGIBLE FOR A PARTIAL
PAYMENT IN ONE YEAR AND SHALL RETAIN ITS PRIORITY DATE STATUS FOR APPRO-
PRIATIONS DESIGNATED FOR SUCH PURPOSE IN FUTURE YEARS.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE  CONTRARY,  FOR  HEARINGS  COMMENCED  BY THE FILING OF CHARGES ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE  HEARING  OFFICER  SHALL  BE
COMPENSATED  FOR  HIS  OR  HER  ACTUAL  HOURS OF SERVICE RENDERED IN THE
PERFORMANCE OF HIS OR HER DUTIES AS A HEARING OFFICER, PLUS  ANY  NECES-
SARY TRAVEL OR OTHER EXPENSES INCURRED IN THE PERFORMANCE OF SUCH DUTIES
IN  ACCORDANCE WITH THE PROVISIONS OF THIS CLAUSE AND CLAUSE (C) OF THIS
SUBPARAGRAPH. THE COMMISSIONER SHALL ESTABLISH  MAXIMUM  RATES  FOR  THE
COMPENSATION  OF HEARING OFFICERS AND LIMITATIONS ON THE NUMBER OF STUDY
HOURS THAT MAY BE CLAIMED.
  (C) THE COSTS OF COMPENSATING HEARING OFFICERS  FOR  ACTUAL  HOURS  OF
SERVICE,  PLUS  ANY  NECESSARY TRAVEL AND OTHER EXPENSES INCURRED IN THE
PERFORMANCE OF SUCH DUTIES IN ACCORDANCE WITH CLAUSE (B) OF THIS SUBPAR-
AGRAPH AND THE REGULATIONS OF THE COMMISSIONER SHALL BE DIVIDED  EQUALLY
BETWEEN  THE  EMPLOYING BOARD AND THE EMPLOYEE'S BARGAINING AGENT OR THE
EMPLOYEE IF NOT REPRESENTED BY A BARGAINING UNIT. UPON VERIFICATION  AND
APPROVAL  BY  THE  EMPLOYING  BOARD  AND  THE EMPLOYEE OR THE EMPLOYEE'S
BARGAINING AGENT FOLLOWING COMPLETION OF THE HEARING, CLAIMS FOR PAYMENT
FOR SUCH SERVICES SHALL BE SUBMITTED TO THE RESPONSIBLE PARTIES.
  (ii) Not later than ten days after the date the commissioner mails  to
the employing board and the employee the list of potential hearing offi-
cers  and  biographies  provided to the commissioner by the association,
the employing board and the  employee,  individually  or  through  their
agents  or  representatives,  shall by mutual agreement select a hearing
officer from said list to conduct  the  hearing  and  shall  notify  the
commissioner of their selection.
  (iii)  If  the  employing  board  and the employee fail to agree on an
arbitrator to serve as a hearing officer from said list  and  so  notify
the  commissioner  within  ten  days  after  receiving the list from the
commissioner, the commissioner shall request the association to  appoint
a hearing officer from said list.
  (iv)  In  those cases in which the employee elects to have the charges
heard by a hearing panel, the hearing panel shall consist of the hearing
officer, selected in accordance with this  subdivision,  and  two  addi-
tional  persons,  one  selected  by the employee and one selected by the
employing board, from a list maintained for such purpose by the  commis-
sioner  [of  education].  The  list  shall  be  composed of professional
personnel with administrative  or  supervisory  responsibility,  profes-
sional  personnel  without administrative or supervisory responsibility,
chief school administrators, members  of  employing  boards  and  others
selected  from lists of nominees submitted to the commissioner by state-
wide organizations  representing  teachers,  school  administrators  and
supervisors  and  the employing boards. Hearing panel members other than
the hearing officer shall be compensated [by the  department  of  educa-
tion]  at the rate of one hundred dollars for each day of actual service

S. 6257                            22                            A. 9057

[plus] AND SHALL BE REIMBURSED  FOR  necessary  travel  and  subsistence
expenses  IN  ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CLAUSE (A) OR
CLAUSE (C) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH.  The  hearing  officer
shall be compensated as set forth in this subdivision. The hearing offi-
cer shall be the [chairman] CHAIRPERSON of the hearing panel.
  c.  Hearing  procedures. (i) (A) The commissioner [of education] shall
have the power to establish  necessary  rules  and  procedures  for  the
conduct  of  hearings  under this section WHICH, FOR HEARINGS OTHER THAN
EXPEDITED HEARINGS PURSUANT TO SUBPARAGRAPH  (I-A)  OF  THIS  PARAGRAPH,
SHALL  INCLUDE  SPECIFIC  TIMELINE REQUIREMENTS FOR CONDUCTING A HEARING
AND FOR RENDERING A FINAL DECISION.
  (B) THE DEPARTMENT SHALL BE AUTHORIZED TO MONITOR  AND  INVESTIGATE  A
HEARING  OFFICER'S  COMPLIANCE  WITH SUCH TIMELINES, AS SET FORTH IN THE
REGULATIONS OF THE COMMISSIONER. THE COMMISSIONER SHALL ANNUALLY  INFORM
ALL  HEARING  OFFICERS  WHO  HAVE  HEARD  CASES PURSUANT TO THIS SECTION
DURING THE PRECEDING YEAR THAT THE TIME PERIODS PRESCRIBED IN THE  REGU-
LATIONS  OF  THE  COMMISSIONER  FOR  CONDUCTING  SUCH HEARINGS ARE TO BE
STRICTLY FOLLOWED.   A RECORD  OF  CONTINUED  FAILURE  TO  COMMENCE  AND
COMPLETE  HEARINGS WITHIN THE TIME PERIODS PRESCRIBED IN THE REGULATIONS
AUTHORIZED BY THIS SUBPARAGRAPH SHALL  BE  CONSIDERED  GROUNDS  FOR  THE
COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE LIST OF POTENTIAL HEAR-
ING OFFICERS SENT TO THE EMPLOYING BOARD AND THE EMPLOYEE FOR SUCH HEAR-
INGS.
  (C)  Such  rules  shall not require compliance with technical rules of
evidence. Hearings shall be conducted by the  hearing  officer  selected
pursuant  to  paragraph b of this subdivision with full and fair disclo-
sure of the nature of the case and evidence against the employee by  the
employing  board and shall be public or private at the discretion of the
employee. The employee shall have a  reasonable  opportunity  to  defend
himself  or  herself  and  an  opportunity  to testify in his or her own
behalf. The employee shall not be required to testify. Each party  shall
have  the right to be represented by counsel, to subpoena witnesses, and
to cross-examine witnesses. All testimony  taken  shall  be  under  oath
which the hearing officer is hereby authorized to administer.
  [A] (D) FOR HEARINGS COMMENCED BY THE FILING OF CHARGES PRIOR TO APRIL
FIRST,  TWO THOUSAND TWELVE, A competent stenographer, designated by the
commissioner [of education] and compensated  by  the  [state  education]
department,  shall  keep  and  transcribe a record of the proceedings at
each such hearing. A copy of the transcript of the hearings shall,  upon
request,  be  furnished  without charge to the employee and the board of
education involved.
  (E) HEARINGS COMMENCED BY THE FILING OF  CHARGES  ON  OR  AFTER  APRIL
FIRST,  TWO  THOUSAND TWELVE, SHALL NOT BE RECORDED BY A STENOGRAPHER OR
ANY OTHER RECORDING MECHANISM UNLESS BOTH PARTIES  AGREE  PRIOR  TO  THE
COMMENCEMENT  OF  THE DISCIPLINARY HEARING. THE PARTY REQUESTING A TRAN-
SCRIPT OR RECORDING AT A DISCIPLINARY HEARING MAY PROVIDE FOR ONE AT ITS
OWN EXPENSE AND SHALL PROVIDE A COPY TO THE  ARBITRATOR  AND  THE  OTHER
PARTY  UNLESS BOTH PARTIES AGREE TO SHARE THE COST OF SUCH TRANSCRIPT OR
RECORDING. THE USE OF A TRANSCRIPT CANNOT DELAY THE  HEARING  AND  SHALL
NOT EXTEND THE DATE THE HEARING IS CLOSED.
  (i-a)(A) Where charges of incompetence are brought based solely upon a
pattern of ineffective teaching or performance of a classroom teacher or
principal,  as  defined in section three thousand twelve-c of this arti-
cle, the hearing shall be conducted before and by a single hearing offi-
cer in an expedited hearing, which  shall  commence  within  seven  days
after  the  pre-hearing  conference  and shall be completed within sixty

S. 6257                            23                            A. 9057

days after the pre-hearing conference. The hearing officer shall  estab-
lish a hearing schedule at the pre-hearing conference to ensure that the
expedited  hearing  is  completed  within the required timeframes and to
ensure an equitable distribution of days between the employing board and
the  charged employee. Notwithstanding any other law, rule or regulation
to the contrary, no adjournments may be granted that  would  extend  the
hearing  beyond  such  sixty days, except as authorized in this subpara-
graph. A hearing officer, upon request, may grant  a  limited  and  time
specific  adjournment  that  would  extend the hearing beyond such sixty
days if the hearing officer determines that the delay is attributable to
a circumstance or occurrence substantially beyond  the  control  of  the
requesting  party  and an injustice would result if the adjournment were
not granted.
  (B) Such charges shall allege that the employing board  has  developed
and substantially implemented a teacher or principal improvement plan in
accordance  with  subdivision four of section three thousand twelve-c of
this article for the employee following the first  evaluation  in  which
the employee was rated ineffective, and the immediately preceding evalu-
ation  if  the  employee was rated developing. Notwithstanding any other
provision of law to the contrary, a pattern of ineffective  teaching  or
performance  as defined in section three thousand twelve-c of this arti-
cle shall constitute  very  significant  evidence  of  incompetence  for
purposes  of  this  section.  Nothing  in  this  subparagraph  shall  be
construed to limit the defenses which the employee may place before  the
hearing  officer  in challenging the allegation of a pattern of ineffec-
tive teaching or performance.
  (C) The commissioner shall annually inform all  hearing  officers  who
have heard cases pursuant to this section during the preceding year that
the  time  periods  prescribed in this subparagraph for conducting expe-
dited hearings are to be strictly followed. A record of continued  fail-
ure  to commence and complete expedited hearings within the time periods
prescribed in this subparagraph shall  be  considered  grounds  for  the
commissioner to exclude such individual from the list of potential hear-
ing officers sent to the employing board and the employee for such expe-
dited hearings.
  (ii)  The  hearing  officer  selected  to conduct a hearing under this
section shall, within ten to fifteen days of agreeing to serve [as such]
IN SUCH POSITION, hold a pre-hearing conference which shall be  held  in
the school district or county seat of the county, or any county, wherein
the  employing school board is located. The pre-hearing conference shall
be limited in length to one day except that the hearing officer, in  his
or her discretion, may allow one additional day for good cause shown.
  (iii) At the pre-hearing conference the hearing officer shall have the
power to:
  (A) issue subpoenas;
  (B)  hear and decide all motions, including but not limited to motions
to dismiss the charges;
  (C) hear and decide  all  applications  for  bills  of  particular  or
requests  for production of materials or information, including, but not
limited to, any witness statement (or statements), investigatory  state-
ment  (or statements) or note (notes), exculpatory evidence or any other
evidence, including district or student records, relevant  and  material
to the employee's defense.
  (iv) Any pre-hearing motion or application relative to the sufficiency
of  the  charges,  application  or amendment thereof, or any preliminary
matters shall be made upon written notice to the hearing officer and the

S. 6257                            24                            A. 9057

adverse party no less than five days prior to the date of the  pre-hear-
ing  conference.  Any  pre-hearing  motions  or applications not made as
provided for herein shall be deemed waived  except  for  good  cause  as
determined by the hearing officer.
  (v)  In  the  event  that  at the pre-hearing conference the employing
board presents evidence that the professional license  of  the  employee
has  been revoked and all judicial and administrative remedies have been
exhausted or foreclosed, the hearing officer shall  schedule  the  date,
time  and  place  for an expedited hearing, which hearing shall commence
not more than seven days after  the  pre-hearing  conference  and  which
shall  be limited to one day. The expedited hearing shall be held in the
local school district or county seat of the county or any county, where-
in the said employing board is located. The expedited hearing shall  not
be  postponed  except upon the request of a party and then only for good
cause as determined by the hearing officer. At such hearing, each  party
shall have equal time in which to present its case.
  (vi)  During  the  pre-hearing  conference,  the hearing officer shall
determine the reasonable amount of time necessary for a final hearing on
the charge or charges and  shall  schedule  the  location,  time(s)  and
date(s)  for  the  final hearing. The final hearing shall be held in the
local school district or county seat of the county, or any county, wher-
ein the said employing school board is located. In the  event  that  the
hearing  officer  determines  that  the  nature of the case requires the
final hearing to last more than one day, the days that are scheduled for
the final hearing shall be consecutive. The day or  days  scheduled  for
the  final  hearing  shall not be postponed except upon the request of a
party and then only for good cause shown as determined  by  the  hearing
officer.  In  all  cases,  the final hearing shall be completed no later
than sixty days after the  pre-hearing  conference  unless  the  hearing
officer  determines  that  extraordinary circumstances warrant a limited
extension.
  D. LIMITATION ON CLAIMS. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
RULE  OR  REGULATION  TO  THE CONTRARY, NO PAYMENTS SHALL BE MADE BY THE
DEPARTMENT PURSUANT TO THIS SUBDIVISION ON OR  AFTER  APRIL  FIRST,  TWO
THOUSAND  TWELVE  FOR:  (I) COMPENSATION OF A HEARING OFFICER OR HEARING
PANEL MEMBER, (II) REIMBURSEMENT  OF  SUCH  HEARING  OFFICERS  OR  PANEL
MEMBERS  FOR  NECESSARY  TRAVEL  OR  OTHER EXPENSES INCURRED BY THEM, OR
(III) FOR OTHER HEARING EXPENSES ON A CLAIM  SUBMITTED  LATER  THAN  ONE
YEAR  AFTER THE FINAL DISPOSITION OF THE HEARING BY ANY MEANS, INCLUDING
SETTLEMENT, OR WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARA-
GRAPH, WHICHEVER IS LATER; PROVIDED THAT NO PAYMENT SHALL BE  BARRED  OR
REDUCED  WHERE  SUCH PAYMENT IS REQUIRED AS A RESULT OF A COURT ORDER OR
JUDGMENT OR A FINAL AUDIT.
  4. Post hearing procedures. [(a)] A. The hearing officer shall  render
a written decision within thirty days of the last day of the final hear-
ing,  or  in  the  case  of an expedited hearing within ten days of such
expedited hearing, and shall [forthwith] forward a copy thereof  to  the
commissioner  [of education] who shall immediately forward copies of the
decision to the employee and to the clerk or secretary of the  employing
board. The written decision shall include the hearing officer's findings
of  fact  on  each  charge,  his  or her conclusions with regard to each
charge based on said findings and shall  state  what  penalty  or  other
action, if any, shall be taken by the employing board. At the request of
the employee, in determining what, if any, penalty or other action shall
be  imposed,  the hearing officer shall consider the extent to which the
employing board made efforts towards  correcting  the  behavior  of  the

S. 6257                            25                            A. 9057

employee  which  resulted  in  charges  being brought under this section
through means including but not limited  to:  remediation,  peer  inter-
vention  or  an employee assistance plan. In those cases where a penalty
is  imposed, such penalty may be a written reprimand, a fine, suspension
for a fixed time without pay, or dismissal. In addition to or in lieu of
the aforementioned penalties, the hearing officer, where he or she deems
appropriate, may impose upon the employee remedial action including  but
not  limited to leaves of absence with or without pay, continuing educa-
tion and/or study, a requirement that the employee  seek  counseling  or
medical  treatment  or that the employee engage in any other remedial or
combination of remedial actions.
  [(b)] B. Within fifteen days of receipt of the hearing officer's deci-
sion the employing board shall implement the decision. If  the  employee
is  acquitted  he  or  she shall be restored to his or her position with
full pay for any period  of  suspension  without  pay  and  the  charges
expunged from the employment record. If an employee who was convicted of
a felony crime specified in paragraph [(b)] B of subdivision two of this
section,  has  said conviction reversed, the employee, upon application,
shall be entitled to have his OR HER pay and other emoluments  restored,
for the period from the date of his OR HER suspension to the date of the
decision.
  [(c)]  C.  The  hearing officer shall indicate in the decision whether
any of the charges brought by the  employing  board  were  frivolous  as
defined  in  section [eight thousand three] EIGHTY-THREE hundred three-a
of the civil practice law and rules. If the hearing  [officers]  OFFICER
finds  that  all of the charges brought against the employee were frivo-
lous, the hearing officer shall order the employing board  to  reimburse
the  [state  education]  department the reasonable costs said department
incurred as a result of the proceeding and to reimburse the employee the
reasonable costs, including but not  limited  to  reasonable  attorneys'
fees,  the  employee  incurred  in defending the charges. If the hearing
officer finds that some but not all of the charges brought  against  the
employee  were  frivolous, the hearing officer shall order the employing
board to reimburse the [state education] department a  portion,  in  the
discretion  of the hearing officer, of the reasonable costs said depart-
ment incurred as a result of the proceeding and to reimburse the employ-
ee a portion, in the discretion of the hearing officer, of  the  reason-
able costs, including but not limited to reasonable attorneys' fees, the
employee incurred in defending the charges.
  5.  Appeal.  A.  Not  later than ten days after receipt of the hearing
officer's decision, the employee or the  employing  board  may  make  an
application  to the New York state supreme court to vacate or modify the
decision of the hearing officer  pursuant  to  section  [seven  thousand
five]  SEVENTY-FIVE  hundred eleven of the civil practice law and rules.
The court's review shall be limited to the grounds  set  forth  in  such
section.  The  hearing panel's determination shall be deemed to be final
for the purpose of such proceeding.
  B. In no case shall the filing or the pendency of an appeal delay  the
implementation of the decision of the hearing officer.
  S  2.  This act shall take effect immediately, except that if this act
shall have become a law on or after April 1, 2012 this  act  shall  take
effect  immediately  and  shall be deemed to have been in full force and
effect on and after April 1, 2012.

                                 PART C

S. 6257                            26                            A. 9057

  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 S of chapter 58 of the  laws  of  2011,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least [$130.00] $135.00 for each month beginning on or after
January first, two thousand [eleven] TWELVE.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to at least [$150.00] $155.00 for each month beginning on
or after January first, two thousand [eleven] TWELVE.
  (c) in the case of  each  individual  receiving  enhanced  residential
care,  an  amount  equal  to  at  least [$178.00] $184.00 for each month
beginning on or after January first, two thousand [eleven] TWELVE.
  (d) for the period commencing January  first,  two  thousand  [twelve]
THIRTEEN,  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  [twelve]  THIRTEEN,  but prior to June thirtieth, two thousand
[twelve] THIRTEEN, 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
S of chapter 58 of the laws of 2011, are amended to read as follows:
  (a) On and after January first, two thousand [eleven] TWELVE,  for  an
eligible individual living alone, [$761.00] $785.00; and for an eligible
couple living alone, [$1115.00] $1152.00.
  (b)  On  and after January first, two thousand [eleven] TWELVE, for an
eligible individual living with others with or without  in-kind  income,
[$697.00] $721.00; and for an eligible couple living with others with or
without in-kind income, [$1057.00] $1094.00.
  (c)  On and after January first, two thousand [eleven] TWELVE, (i) for
an eligible individual receiving family care, [$940.48] $964.48 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 individ-
ual  receiving  such  care  in  any other county in the state, [$902.48]
$926.48; and (iv) for an eligible couple  receiving  such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (d) On and after January first, two thousand [eleven] TWELVE, (i)  for
an  eligible  individual receiving residential care, [$1109.00] $1133.00
if he or she is receiving such care in the city of New York or the coun-
ty 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
individual  receiving  such  care  in  any  other  county  in the state,
[$1079.00] $1103.00; 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.

S. 6257                            27                            A. 9057

  (e)  (i) On and after January first, two thousand [eleven] TWELVE, for
an eligible individual receiving enhanced residential  care,  [$1368.00]
$1392.00; and (ii) for an eligible couple receiving enhanced residential
care,  two  times the amount set forth in subparagraph (i) of this para-
graph.
  (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 [twelve] THIRTEEN but
prior to June thirtieth, two thousand [twelve] THIRTEEN.
  S 3. This act shall take effect July 1, 2012.

                                 PART D

  Section 1. Paragraph (a-3) of subdivision 2 of section  131-a  of  the
social  services law, as amended by section 2 of part U of chapter 58 of
the laws of 2011, is amended and a new paragraph (a-4) is added to  read
as follows:
  (a-3)  For  the  period  beginning July first, two thousand twelve and
[thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, the following
schedule shall be the standard of monthly need for determining eligibil-
ity 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]
    $150        $239        $317        $409        $505        $583
  For  each  additional  person in the household there shall be added an
additional amount of [eighty-four] EIGHTY dollars monthly.
  (A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND  THIRTEEN  AND
THEREAFTER,  THE  FOLLOWING  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        $336        $433        $534        $617
  FOR  EACH  ADDITIONAL  PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
  S 2. Paragraph (a-3) of subdivision 3 of section 131-a of  the  social
services  law,  as  amended  by section 4 of part U of chapter 58 of the
laws of 2011, is amended and a new paragraph (a-4) is added to  read  as
follows:
  (a-3)  For  the  period  beginning July first, two thousand twelve and
[thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN,  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
    [$158]      [$252]      [$335]      [$432]      [$533]      [$616]
    $150        $239        $317        $409        $505        $583
  For  each  additional  person in the household there shall be added an
additional amount of [eighty-four] EIGHTY dollars monthly.

S. 6257                            28                            A. 9057

  (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        $336        $433        $534        $617
  FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL  BE  ADDED  AN
ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART E

  Section 1. Paragraph (f) of subdivision 3 of section 22 of the  social
services  law,  as  relettered  by  chapter  611 of the laws of 1979, is
relettered paragraph (g) and a new paragraph (f) is  added  to  read  as
follows:
  (F)  UNLESS  AN  AGREEMENT  IS IN EFFECT FOR FEDERAL ADMINISTRATION OF
ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS
CHAPTER, APPLICANTS FOR AND RECIPIENTS OF ADDITIONAL STATE  PAYMENTS  AS
DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER;
AND
  S 2. Subdivision 2 of section 208 of the social services law, as added
by chapter 1080 of the laws of 1974, is amended to read as follows:
  2. "Additional state payments" shall mean payments made to aged, blind
and  disabled  persons  who  are  receiving,  or who would but for their
income be eligible to  receive,  federal  supplemental  security  income
benefits,  whether  made  by  [social  services districts] THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE in accordance with the provisions of
this title and with title sixteen of the federal social security act, or
by the [secretary] COMMISSIONER of the [federal  department  of  health,
education  and  welfare]  UNITED  STATES SOCIAL SECURITY ADMINISTRATION,
pursuant to and in accordance with the provisions of this  title,  title
sixteen of the federal social security act, and provisions of any agree-
ment entered into between the state and such [secretary] COMMISSIONER by
which  the [secretary] COMMISSIONER agrees to administer such additional
state payments on behalf of the state.  SUCH PAYMENTS ARE EQUAL  TO  THE
STANDARD OF NEED, LESS THE GREATER OF THE FEDERAL BENEFIT RATE OR COUNT-
ABLE  INCOME.  FOR  PURPOSES  OF  THIS TITLE, THE "FEDERAL BENEFIT RATE"
SHALL MEAN THE MAXIMUM PAYMENT OF SUPPLEMENTAL SECURITY  INCOME  PAYABLE
TO A PERSON OR COUPLE WITH NO COUNTABLE INCOME.
  S 3. Section 208 of the social services law is amended by adding a new
subdivision 12 to read as follows:
  12.  THE  TERM  "STANDARD  OF  NEED" SHALL REFER SOLELY TO THE MAXIMUM
LEVEL OF INCOME A PERSON OR COUPLE MAY  HAVE  AND  REMAIN  ELIGIBLE  FOR
ADDITIONAL  STATE  PAYMENTS UNDER THIS TITLE. THE TERM APPLIES SOLELY TO
THE PROGRAM OF ADDITIONAL STATE PAYMENTS AND HAS NO APPLICATION  TO  ANY
OTHER PROGRAM OR BENEFIT.
  S  4.  Paragraph  (a)  of  subdivision  1 of section 209 of the social
services law, as added by chapter 1080 of the laws of 1974 and  subpara-

S. 6257                            29                            A. 9057

graph  (iv) as amended by chapter 214 of the laws of 1998, is amended to
read as follows:
  (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO PERSON SHALL BE ELIGI-
BLE FOR ANY PAYMENT PURSUANT TO THIS TITLE WHO IS INELIGIBLE FOR SUPPLE-
MENTAL SECURITY INCOME FOR ANY REASON OTHER THAN HAVING COUNTABLE INCOME
EXCEEDING THE FEDERAL BENEFIT RATE FOR SUCH PROGRAM. An individual shall
be  eligible  to  receive  additional  state  payments  if he OR SHE HAS
APPLIED FOR SUPPLEMENTAL SECURITY INCOME BENEFITS, HAS RECEIVED A DETER-
MINATION WITH RESPECT TO SUCH APPLICATION AND:
  (i) is over sixty-five years of age, or is blind or disabled; and
  (ii) does not have countable income in an amount equal to  or  greater
than  the  standard  of  need  established  in  subdivision  two of this
section; and
  (iii) does not have countable resources  in  an  amount  equal  to  or
greater  than  the  amount of resources an individual or couple may have
and remain eligible for supplemental security income  benefits  pursuant
to federal law and regulations of the department; and
  (iv)  is a resident of the state and is either a citizen of the United
States or is not an alien who is or  would  be  ineligible  for  federal
supplemental security income benefits solely by reason of alien status.
  S  5.  Subdivision  1  of  section  212  of the social services law is
REPEALED and a new subdivision 1 is added to read as follows:
  1. IF THERE IS NO AGREEMENT IN EFFECT FOR  FEDERAL  ADMINISTRATION  OF
ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS
TITLE,  THE  COMMISSIONER  OF  THE  OFFICE  OF  TEMPORARY AND DISABILITY
ASSISTANCE SHALL BE RESPONSIBLE FOR PROVIDING SUCH PAYMENTS TO  ELIGIBLE
RESIDENTS OF THE STATE AS REQUIRED BY THIS TITLE AND SHALL:
  (A)  ACCEPT  AND PROCESS APPLICATIONS FOR ADDITIONAL STATE PAYMENTS TO
BE MADE PURSUANT TO THIS TITLE;
  (B) DETERMINE ELIGIBILITY FOR  AND  THE  AMOUNT  OF  ADDITIONAL  STATE
PAYMENTS IN ACCORDANCE WITH THIS TITLE;
  (C)  REDETERMINE  ELIGIBILITY  PERIODICALLY AS THE OFFICE MAY REQUIRE;
PROVIDED, HOWEVER, THAT ANY  SUCH  REDETERMINATIONS  SHALL  BE  NO  MORE
FREQUENT  THAN  PROVIDED  BY  THE  APPLICABLE  REGULATIONS OF THE UNITED
STATES SOCIAL SECURITY ADMINISTRATION; AND
  (D) TAKE ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE  PROVISIONS  OF
THIS TITLE.
  S  6.  Subparagraph 2 of paragraph (a) of subdivision 1 of section 366
of the social services law, as added by chapter  1080  of  the  laws  of
1974, is amended to read as follows:
  (2)  is receiving or is eligible to receive federal supplemental secu-
rity income payments and/or additional state payments[, so long as there
is in effect an agreement between the state and the secretary of health,
education and welfare, pursuant to section three  hundred  sixty-three-b
of  this  title,  for  the federal determination of eligibility of aged,
blind and disabled persons for medical assistance, and so long  as  such
secretary requires, as a condition of entering into such agreement, that
such person be eligible for medical assistance] PURSUANT TO TITLE SIX OF
THIS  ARTICLE;  ANY  INCONSISTENT PROVISION OF THIS CHAPTER OR OTHER LAW
NOTWITHSTANDING, THE DEPARTMENT MAY DESIGNATE THE  OFFICE  OF  TEMPORARY
AND  DISABILITY ASSISTANCE AS ITS AGENT TO DISCHARGE ITS RESPONSIBILITY,
OR SO MUCH OF ITS RESPONSIBILITY AS IS PERMITTED  BY  FEDERAL  LAW,  FOR
DETERMINING  ELIGIBILITY  FOR MEDICAL ASSISTANCE WITH RESPECT TO PERSONS
WHO ARE NOT ELIGIBLE TO RECEIVE  FEDERAL  SUPPLEMENTAL  SECURITY  INCOME
PAYMENTS  BUT  WHO  ARE  RECEIVING  A  STATE  ADMINISTERED SUPPLEMENTARY
PAYMENT  OR  MANDATORY  MINIMUM  SUPPLEMENT  IN  ACCORDANCE   WITH   THE

S. 6257                            30                            A. 9057

PROVISIONS  OF  SUBDIVISION  ONE  OF  SECTION TWO HUNDRED TWELVE OF THIS
ARTICLE; or
  S 7. This act shall take effect immediately.

                                 PART F

  Section  1.  Section  28  of part C of chapter 83 of the laws of 2002,
amending the executive law and other laws relating to funding for  chil-
dren  and  family services, as amended by section 1 of part Q of chapter
57 of the laws of 2009, is amended to read as follows:
  S 28. This act shall take effect immediately; provided  that  sections
nine  through eighteen and twenty through twenty-seven of this act shall
be deemed to have been in full force and effect on and  after  April  1,
2002; provided, however, that section fifteen of this act shall apply to
claims that are otherwise reimbursable by the state on or after April 1,
2002  except as provided in subdivision 9 of section 153-k of the social
services law as added by section fifteen of this act;  provided  further
however, that nothing in this act shall authorize the office of children
and  family  services  to  deny state reimbursement to a social services
district for violations of the provisions of section 153-d of the social
services law for services provided from January 1,  1994  through  March
31,  2002;  provided that section nineteen of this act shall take effect
September 13, 2002 AND SHALL EXPIRE AND  BE  DEEMED  REPEALED  JUNE  30,
2012;  and,  provided  further, however, that notwithstanding any law to
the contrary, the office of children and family services shall have  the
authority  to  promulgate,  on  an  emergency basis, any rules and regu-
lations necessary to implement the requirements established pursuant  to
this  act;  provided further, however, that the regulations to be devel-
oped pursuant to section one of this act shall not be adopted  by  emer-
gency  rule;  and  provided further that the provisions of sections nine
THROUGH EIGHTEEN AND TWENTY  through  twenty-seven  of  this  act  shall
expire and be deemed repealed on June 30, [2012] 2017.
  S  2.    Paragraph (a) of subdivision 1 of section 153-k of the social
services law, as added by section 15 of part C of chapter 83 of the laws
of 2002, is amended to read as follows:
  (a) Expenditures made by social services districts for  child  protec-
tive  services, preventive services provided, as applicable, to eligible
children and families of children who are in  and  out  of  foster  care
placement, independent living services, aftercare services, and adoption
administration  and  services  other  than  adoption  subsidies provided
pursuant to article six of this  chapter  and  the  regulations  of  the
department  of  family  assistance  shall,  if approved by the office of
children and family  services,  be  subject  to  [sixty-five]  SIXTY-TWO
percent  state  reimbursement exclusive of any federal funds made avail-
able for such purposes, in accordance with the directives of the depart-
ment of family assistance and subject to the approval of the director of
the budget.
  S 3. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
services law, as added by section 15 of part C of chapter 83 of the laws
of 2002, is amended to read as follows:
  (a) Notwithstanding the provisions of this chapter or of any other law
to the contrary, eligible expenditures by a social services district for
foster  care  services  AND  KINSHIP  GUARDIANSHIP  ASSISTANCE  shall be
subject to reimbursement with state funds only to the extent  of  annual
appropriations  to  the  state foster care block grant. Such foster care
services shall include expenditures for the provision and administration

S. 6257                            31                            A. 9057

of: care, maintenance, supervision and tuition;  supervision  of  foster
children  placed in federally funded job corps programs; and care, main-
tenance, supervision and tuition for  adjudicated  juvenile  delinquents
and  persons in need of supervision placed in residential programs oper-
ated by authorized agencies and in  out-of-state  residential  programs.
SUCH  KINSHIP GUARDIANSHIP ASSISTANCE SHALL INCLUDE EXPENDITURES FOR THE
PROVISION AND ADMINISTRATION OF KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS
AND NON-RECURRING GUARDIANSHIP EXPENSES MADE PURSUANT TO  TITLE  TEN  OF
ARTICLE  SIX OF THIS CHAPTER. Social services districts must develop and
implement  children  and  family  services  delivery  systems  that  are
designed to reduce the need for and the length of foster care placements
and  must document their efforts in the multi-year consolidated services
plan and the annual implementation reports submitted pursuant to section
thirty-four-a of this chapter.
  S 4. Subdivision 1 of section 456  of  the  social  services  law,  as
amended  by  chapter  601  of  the  laws  of 1994, is amended to read as
follows:
  1.  Payments  made  by  social  services  officials  pursuant  to  the
provisions  of  this  title  shall,  if  approved  by the department, be
subject to reimbursement by the state,  in  accordance  with  the  regu-
lations  of  the  department  as  follows:   there shall be paid to each
social services district (a) the amount of federal funds, if any,  prop-
erly  received  or  to  be received on account of such payments; and (b)
except as set forth below, [seventy-five] SIXTY-TWO per centum  of  such
payments  after  first  deducting  therefrom  any federal funds properly
received or to be received on account thereof; provided,  however,  that
when  payments  under section four hundred fifty-three of this title are
made to a person or persons residing in a social services district whose
board rate exceeds that of  the  district  making  such  payments,  that
portion  of  the  payments  which exceeds the board rate of the district
making the payments shall be subject to reimbursement by  the  state  in
the amount of one hundred per centum thereof, (c) one hundred per centum
of such payments after first deducting therefrom any federal funds prop-
erly to be received on account of such payments, for children placed out
for  adoption  by  a  voluntary  authorized agency or for children being
adopted after being placed out for adoption by  a  voluntary  authorized
agency  in  accordance  with  the  provisions  of this title, or (d) one
hundred per centum of such payments after first deducting therefrom  any
federal  funds  properly to be received on account of such payments, for
children placed out for adoption or being adopted after being placed out
for adoption by an Indian tribe as referenced in  subdivision  seven  of
section four hundred fifty-one of this title.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012; provided,
however, that the amendments to paragraph (a) of subdivision 1 and para-
graph (a) of subdivision 2 of section 153-k of the social  services  law
made  by  sections two and three of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.

                                 PART G

  Section 1. This part enacts into law major components  of  legislation
which  are  necessary for establishing a juvenile justice services close
to home initiative. Each component is wholly contained within a  subpart
identified  as subparts A through B. The effective date for each partic-
ular provision contained within such subpart is set forth  in  the  last

S. 6257                            32                            A. 9057

section of such subpart. Any provision in any section contained within a
subpart, including the effective date of the subpart, which makes refer-
ence  to  a  section  "of  this  act", when used in connection with that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the subpart in which it is found.   Section four  of
this part sets forth the general effective date of this act.
  S 2. Legislative intent. In order to provide a juvenile justice system
that ensures public safety and improves short and long term outcomes for
youth  and  their  families,  it  is  the  intent of this legislation to
authorize the city of New York to provide juvenile justice  services  to
all  adjudicated  juvenile  delinquents  who reside in the city, and are
determined by the family court to need placement other than in a  secure
facility. This legislation aims to transform the juvenile justice system
by  authorizing  the city to develop a system for its youth that strives
to:
  a) provide an effective continuum of diversion, supervision, treatment
and confinement, ensuring that the least restrictive,  most  appropriate
level  of care is provided for all youth, consistent with public safety,
keeping youth close to home, minimizing the dislocation  of  youth  from
their families and building on positive connections between young people
and their communities;
  b)  provide  accountability of the system and organizations within the
system, ensuring that both internal and external  mechanisms  for  over-
sight of the system are maintained;
  c) be data-driven, ensuring that objective instruments are employed at
all key decision making stages and that system actors readily and trans-
parently share information to inform ongoing changes in policy and prac-
tice;
  d)  promote  family  and community involvement, ensuring that positive
family and community supports are actively engaged;
  e) be based on evidence-informed practices, ensuring that programs and
services provided are shown to have worked  in  improving  outcomes  for
youth,  maintaining  public  safety and reducing unnecessary confinement
and recidivism and unwarranted racial/ethnic disparities; and
  f) provide  effective  reintegration  services,  ensuring  that  youth
remain connected to appropriate educational services and positive behav-
ioral  supports and/or treatment modalities upon transitioning home from
placement.

                                SUBPART A

  Section 1. The social services law is amended by adding a new  section
404 to read as follows:
  S  404.  JUVENILE  JUSTICE  SERVICES  CLOSE TO HOME INITIATIVE.   1. A
SOCIAL SERVICES DISTRICT IN A CITY WITH A POPULATION IN  EXCESS  OF  ONE
MILLION  MAY  IMPLEMENT  A  CLOSE TO HOME INITIATIVE TO PROVIDE JUVENILE
JUSTICE SERVICES TO ALL ADJUDICATED JUVENILE DELINQUENTS DETERMINED BY A
FAMILY COURT IN SUCH DISTRICT AS  NEEDING  PLACEMENT  OTHER  THAN  IN  A
SECURE  FACILITY AND TO ENTER INTO CONTRACTS WITH ANY AUTHORIZED AGENCY,
AS DEFINED BY SECTION THREE HUNDRED  SEVENTY-ONE  OF  THIS  CHAPTER,  TO
OPERATE AND MAINTAIN NON-SECURE AND LIMITED SECURE FACILITIES.
  2.  A  SOCIAL  SERVICES  DISTRICT SHALL OBTAIN PRIOR APPROVAL FROM THE
OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATE DIVISION OF  BUDGET
OF  ITS  PLAN  FOR  ESTABLISHING  AND IMPLEMENTING SUCH AN INITIATIVE IN
ACCORDANCE WITH GUIDELINES ESTABLISHED AND IN THE FORMAT, AND  INCLUDING
THE INFORMATION REQUIRED, BY SUCH OFFICE. SUCH DISTRICT MAY SUBMIT SEPA-

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RATE  PLANS FOR HOW THE DISTRICT WILL IMPLEMENT INITIATIVES FOR JUVENILE
DELINQUENTS  PLACED  IN  NON-SECURE  SETTINGS  AND  IN  LIMITED   SECURE
SETTINGS. ANY SUCH PLAN SHALL SPECIFY, IN DETAIL, AS APPLICABLE:
  (A)  HOW  THE  DISTRICT WILL PROVIDE A CONTINUUM OF EVIDENCE INFORMED,
HIGH-QUALITY  COMMUNITY-BASED  AND  RESIDENTIAL  PROGRAMMING  THAT  WILL
PROTECT  COMMUNITY  SAFETY  AND  PROVIDE  APPROPRIATE SERVICES TO YOUTH,
INCLUDING THE OPERATION OF NON-SECURE AND LIMITED SECURE FACILITIES,  IN
SUFFICIENT  CAPACITY AND IN A MANNER DESIGNED TO MEET THE NEEDS OF JUVE-
NILE DELINQUENTS CARED FOR UNDER THE INITIATIVE. SUCH PROGRAMMING  SHALL
BE  BASED ON AN ANALYSIS OF RECENT PLACEMENT TRENDS OF YOUTH FROM WITHIN
SUCH DISTRICT, INCLUDING THE NUMBER OF YOUTH WHO HAVE BEEN PLACED IN THE
CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR  PLACEMENT  IN
OTHER THAN A SECURE FACILITY;
  (B)  THE ANTICIPATED START-UP AND ON-GOING SERVICES AND ADMINISTRATIVE
COSTS OF THE INITIATIVE;
  (C) THE READINESS OF THE DISTRICT TO ESTABLISH THE INITIATIVE AND  THE
AVAILABILITY OF ALL NEEDED RESOURCES, INCLUDING THE LOCATION OF SERVICES
AND  AVAILABILITY  OF  THE  PROVIDERS  THAT  WILL  PROVIDE ALL NECESSARY
SERVICES UNDER THE INITIATIVE INCLUDING, BUT NOT  LIMITED  TO,  RESIDEN-
TIAL,  NON-RESIDENTIAL,  EDUCATIONAL,  MEDICAL,  SUBSTANCE ABUSE, MENTAL
HEALTH AND AFTER CARE SERVICES AND COMMUNITY SUPERVISION;
  (D) THE PROPOSED EFFECTIVE DATE OF THE PLAN AND DOCUMENTATION  OF  THE
DISTRICT'S  READINESS TO BEGIN ACCEPTING AND APPROPRIATELY SERVING JUVE-
NILE DELINQUENTS UNDER THE PLAN;
  (E) HOW THE DISTRICT WILL PROVIDE NECESSARY AND  APPROPRIATE  STAFFING
TO IMPLEMENT THE INITIATIVE;
  (F)  HOW THE DISTRICT WILL MONITOR THE QUALITY OF SERVICES PROVIDED TO
YOUTH, INCLUDING HOW THE DISTRICT WILL PROVIDE CASE MANAGEMENT SERVICES;
  (G) HOW, THROUGHOUT THE INITIATIVE, THE DISTRICT WILL SEEK AND RECEIVE
ON-GOING COMMUNITY AND STAKEHOLDER INPUT RELATING TO THE  IMPLEMENTATION
AND EFFECTIVENESS OF THE INITIATIVE;
  (H)  HOW THE DISTRICT WILL ENSURE THAT ALL STAFF WORKING DIRECTLY WITH
YOUTH SERVED UNDER THE INITIATIVE HAVE RECEIVED NECESSARY AND  APPROPRI-
ATE TRAINING;
  (I)  HOW  THE  DISTRICT  WILL  MONITOR THE USE OF RESTRAINTS ON YOUTH,
INCLUDING, BUT NOT LIMITED TO, THE USE OF MECHANICAL RESTRAINTS;
  (J) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMS AND  POLICIES
TO  ENSURE  PROGRAM  SAFETY  AND THAT YOUTH RECEIVE APPROPRIATE SERVICES
BASED ON THEIR NEEDS, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL, BEHAV-
IORAL, MENTAL HEALTH AND SUBSTANCE ABUSE  SERVICES  IN  ACCORDANCE  WITH
INDIVIDUALIZED TREATMENT PLANS DEVELOPED FOR EACH YOUTH;
  (K)  HOW  THE  DISTRICT  WILL  DEVELOP  AND  IMPLEMENT GENDER SPECIFIC
PROGRAMMING AND POLICIES TO MEET THE SPECIALIZED NEEDS OF LESBIAN,  GAY,
BISEXUAL OR TRANSGENDER YOUTH;
  (L)  HOW  THE  DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMMING THAT IS
CULTURALLY COMPETENT TO MEET THE DIVERSE NEEDS OF THE YOUTH;
  (M) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT  LOCAL  PROGRAMS  THAT
WILL  SEEK TO REDUCE THE DISPROPORTIONATE PLACEMENT OF MINORITY YOUTH IN
RESIDENTIAL PROGRAMS IN THE JUVENILE JUSTICE SYSTEM;
  (N) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A PLAN TO  REDUCE  THE
NUMBER OF YOUTH ABSENT WITHOUT LEAVE FROM PLACEMENT;
  (O)  HOW  THE  DISTRICT  WILL  DEVELOP AND IMPLEMENT POLICIES TO SERVE
YOUTH IN THE LEAST RESTRICTIVE SETTING  CONSISTENT  WITH  THE  NEEDS  OF
YOUTH AND PUBLIC SAFETY, AND TO AVOID MODIFICATIONS OF PLACEMENTS TO THE
OFFICE OF CHILDREN AND FAMILY SERVICES;

S. 6257                            34                            A. 9057

  (P)  HOW THE DISTRICT WILL ENGAGE IN PERMANENCY AND DISCHARGE PLANNING
FOR JUVENILE DELINQUENTS PLACED IN ITS CUSTODY;
  (Q)  HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A COMPREHENSIVE AFTER
CARE PROGRAM TO PROVIDE SERVICES AND SUPPORTS FOR YOUTH WHO HAVE  RE-EN-
TERED  THE  COMMUNITY  FOLLOWING  A  JUVENILE JUSTICE PLACEMENT WITH THE
DISTRICT;
  (R) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT  POLICIES  FOCUSED  ON
REDUCING RECIDIVISM OF YOUTH WHO LEAVE THE PROGRAM;
  (S)  HOW THE LOCAL PROBATION DEPARTMENT WILL IMPLEMENT A COMPREHENSIVE
PREDISPOSITION INVESTIGATION PROCESS THAT INCLUDES, AT LEAST, THE USE OF
APPROPRIATE     ASSESSMENTS     TO     DETERMINE     THE      COGNITIVE,
EDUCATIONAL/VOCATIONAL,  AND  SUBSTANCE ABUSE NEEDS OF THE YOUTH AND THE
USE OF A VALIDATED RISK ASSESSMENT INSTRUMENT, APPROVED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES; AND HOW THE  DISTRICT  WILL  IMPLEMENT  AN
INTAKE  PROCESS  FOR  YOUTH PLACED IN RESIDENTIAL CARE THAT INCLUDES THE
USE OF APPROPRIATE ASSESSMENTS TO DETERMINE THE MEDICAL, DENTAL,  MENTAL
AND BEHAVIORAL HEALTH NEEDS OF THE YOUTH; AND
  (T)  HOW  THE  DISTRICT  WILL  PROVIDE FOR THE RESTRICTIVE SETTING AND
PROGRAMS NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE
SETTING CONSISTENT WITH THE NECESSITY FOR THE PROTECTION OF  THE  HEALTH
OR SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY OR THE SURROUNDING
COMMUNITY.
  3.  PRIOR  TO  SUBMITTING ANY PLAN PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, THE SOCIAL SERVICES DISTRICT SHALL CONDUCT AT LEAST ONE  PUBLIC
HEARING  ON  THE  PROPOSED  PLAN. ANY SUCH PUBLIC HEARINGS SHALL ONLY BE
HELD AFTER THIRTY DAYS NOTICE HAS BEEN PROVIDED IN A NEWSPAPER OF GENER-
AL CIRCULATION WITHIN THE JURISDICTION FOR  WHICH  THE  SOCIAL  SERVICES
DISTRICT  IS  LOCATED.  THE NOTICE SHALL SPECIFY THE TIMES OF THE PUBLIC
HEARING AND PROVIDE INFORMATION ON HOW WRITTEN COMMENT ON THE  PLAN  MAY
BE  SUBMITTED  TO  THE DISTRICT FOR CONSIDERATION.   ADDITIONALLY, FOR A
PERIOD OF AT LEAST THIRTY DAYS PRIOR TO A HEARING,  THE  DISTRICT  SHALL
POST  ON  ITS  WEBSITE  A  NOTICE OF THE HEARING, A COPY OF THE PROPOSED
PLAN, AND INFORMATION ON HOW WRITTEN COMMENTS ON THE PLAN MAY BE SUBMIT-
TED TO THE DISTRICT FOR CONSIDERATION.
  4. THE SOCIAL SERVICES DISTRICT SHALL SUBMIT, WITH  SUCH  A  PLAN,  AN
ASSESSMENT  OF ANY WRITTEN COMMENTS RECEIVED, AND ANY COMMENTS PRESENTED
AT THE PUBLIC HEARING. AT A MINIMUM, SUCH ASSESSMENT SHALL CONTAIN:
  (A) A SUMMARY AND ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT ALTER-
NATIVES SUGGESTED;
  (B) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT  ALTERNATIVES  WERE
NOT INCORPORATED INTO THE PLAN; AND
  (C)  A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF SUCH
COMMENTS.
  5. THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE  STATE  DIVISION
OF  BUDGET,  IN  CONSULTATION WITH THE OFFICE OF MENTAL HEALTH, SHALL BE
AUTHORIZED TO REQUEST AMENDMENTS TO ANY PLAN PRIOR TO APPROVAL.  FOR ANY
PLAN  THAT  ONLY  COVERS  JUVENILE  DELINQUENTS  PLACED  IN   NON-SECURE
SETTINGS,  THE  OFFICE  AND  THE  DIVISION  SHALL, WITHIN THIRTY DAYS OF
RECEIVING THE PLAN, EITHER APPROVE OR DISAPPROVE  THE  PLAN  OR  REQUEST
AMENDMENTS TO THE PLAN. IF ANY AMENDMENTS ARE REQUESTED TO THE PLAN, THE
OFFICE  AND  THE  DIVISION  SHALL  APPROVE OR DISAPPROVE THE PLAN WITHIN
FIFTEEN DAYS OF ITS RESUBMISSION WITH THE REQUESTED AMENDMENTS. FOR  ANY
PLAN THAT COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS,
THE  OFFICE  AND  THE DIVISION SHALL, WITHIN SIXTY DAYS OF RECEIVING THE
PLAN, EITHER APPROVE OR DISAPPROVE THE PLAN OR REQUEST AMENDMENTS TO THE
PLAN. IF ANY AMENDMENTS ARE REQUESTED TO THE PLAN, THE  OFFICE  AND  THE

S. 6257                            35                            A. 9057

DIVISION SHALL APPROVE OR DISAPPROVE THE PLAN WITHIN FIFTEEN DAYS OF ITS
RESUBMISSION WITH THE REQUESTED AMENDMENTS.
  6.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
THE OFFICE OF CHILDREN AND FAMILY SERVICES APPROVES  A  SOCIAL  SERVICES
DISTRICT'S  PLAN  TO IMPLEMENT A JUVENILE JUSTICE SERVICES CLOSE TO HOME
INITIATIVE FOR JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS,  SUCH
OFFICE  SHALL  WORK WITH SUCH DISTRICT TO IDENTIFY THOSE JUVENILE DELIN-
QUENTS IN THE OFFICE'S CUSTODY RESIDING  IN  NON-SECURE  PLACEMENTS  AND
THOSE CONDITIONALLY RELEASED FROM A FACILITY WHO WERE PLACED BY A FAMILY
COURT  WITHIN  THE  JURISDICTION  OF  SAID SOCIAL SERVICES DISTRICT. THE
OFFICE SHALL EVALUATE THE PLACEMENT LENGTH AND THE NEEDS OF  SUCH  JUVE-
NILE  DELINQUENTS  AND,  WHERE  APPROPRIATE, FILE A PETITION PURSUANT TO
SECTION 355.1 OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH  YOUTH
TO  SAID  SOCIAL SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE PLAN, OR
AS SOON AS APPROPRIATE THEREAFTER, BUT IN NO  EVENT  LATER  THAN  NINETY
DAYS  AFTER SUCH EFFECTIVE DATE; PROVIDED, HOWEVER, IF THE OFFICE DETER-
MINES, ON A  CASE-BY-CASE  BASIS,  FOR  REASONS  DOCUMENTED  IN  WRITING
SUBMITTED TO THE SOCIAL SERVICES DISTRICT, THAT A TRANSFER WITHIN NINETY
DAYS  OF  THE  EFFECTIVE  DATE  OF  THE PLAN WOULD BE DETRIMENTAL TO THE
EMOTIONAL, MENTAL OR PHYSICAL HEALTH OF  A  YOUTH,  OR  WOULD  SERIOUSLY
INTERFERE  WITH  THE  YOUTH'S INTERSTATE TRANSFER OR IMMINENT DISCHARGE,
THE OFFICE SHALL PROVIDE AN ESTIMATED TIME BY WHICH THE  OFFICE  EXPECTS
TO BE ABLE TO PETITION FOR THE TRANSFER OF SUCH YOUTH OR TO RELEASE SUCH
YOUTH  FROM ITS CARE, AND SHALL NOTIFY THE DISTRICT OF ANY DELAY OF THAT
EXPECTED DATE AND THE REASONS FOR SUCH A DELAY.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
OFFICE APPROVES A SOCIAL SERVICES DISTRICT'S PLAN TO IMPLEMENT  A  JUVE-
NILE  JUSTICE SERVICES CLOSE TO HOME INITIATIVE FOR JUVENILE DELINQUENTS
PLACED IN LIMITED-SECURE SETTINGS, SUCH  OFFICE  SHALL  WORK  WITH  SUCH
DISTRICT TO IDENTIFY JUVENILE DELINQUENTS IN THE OFFICE'S CUSTODY RESID-
ING  IN  LIMITED  SECURE PLACEMENTS WHO WERE PLACED BY A FAMILY COURT IN
THE SOCIAL SERVICES DISTRICT. THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL EVALUATE THE PLACEMENT LENGTH AND NEEDS OF  SUCH  JUVENILE  DELIN-
QUENTS AND, WHERE APPROPRIATE, FILE A PETITION PURSUANT TO SECTION 355.1
OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH YOUTH TO SAID SOCIAL
SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE PLAN OR AS SOON AS APPRO-
PRIATE  THEREAFTER,  BUT  IN  NO EVENT LATER THAN NINETY DAYS AFTER SUCH
EFFECTIVE DATE; PROVIDED, HOWEVER, IF THE OFFICE DETERMINES, ON A  CASE-
BY-CASE BASIS, FOR REASONS DOCUMENTED IN WRITING SUBMITTED TO THE SOCIAL
SERVICES  DISTRICT,  THAT A TRANSFER WITHIN NINETY DAYS OF THE EFFECTIVE
DATE OF THE PLAN WOULD BE DETRIMENTAL TO THE EMOTIONAL, MENTAL OR  PHYS-
ICAL  HEALTH  OF  A YOUTH, OR WOULD SERIOUSLY INTERFERE WITH THE YOUTH'S
INTERSTATE TRANSFER OR IMMINENT DISCHARGE, THE OFFICE SHALL  PROVIDE  AN
ESTIMATED  TIME  BY  WHICH THE OFFICE EXPECTS TO BE ABLE TO PETITION FOR
THE TRANSFER OF SUCH YOUTH OR TO RELEASE SUCH YOUTH FROM ITS  CARE,  AND
SHALL  NOTIFY  THE  DISTRICT  OF ANY DELAY OF THAT EXPECTED DATE AND THE
REASONS FOR SUCH A DELAY.
  7. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF  SUBDIVISION
FIFTEEN  OF  SECTION FIVE HUNDRED ONE OF THE EXECUTIVE LAW, OR ANY OTHER
LAW TO THE CONTRARY, IF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
APPROVES  A  SOCIAL  SERVICES  DISTRICT'S  PLAN  FOR  A JUVENILE JUSTICE
SERVICES CLOSE TO HOME INITIATIVE TO  IMPLEMENT  SERVICES  FOR  JUVENILE
DELINQUENTS PLACED IN NON-SECURE OR LIMITED SECURE SETTINGS, SUCH OFFICE
SHALL  BE  AUTHORIZED,  FOR UP TO A YEAR AFTER THE EFFECTIVE DATE OF ANY
SUCH PLAN: (1) TO CLOSE ANY  OF  ITS  FACILITIES  IN  THE  CORRESPONDING
SETTING  LEVELS  COVERED  BY  THE  APPROVED PLAN AND TO MAKE SIGNIFICANT

S. 6257                            36                            A. 9057

ASSOCIATED SERVICE REDUCTIONS AND PUBLIC  EMPLOYEE  STAFFING  REDUCTIONS
AND  TRANSFER  OPERATIONS  FOR  THOSE  SETTING  LEVELS  TO  A PRIVATE OR
NOT-FOR-PROFIT ENTITY, AS DETERMINED BY THE COMMISSIONER OF  THE  OFFICE
OF  CHILDREN AND FAMILY SERVICES TO BE NECESSARY TO REFLECT THE DECREASE
IN THE NUMBER OF JUVENILE DELINQUENTS PLACED WITH SUCH OFFICE FROM  SUCH
SOCIAL  SERVICES  DISTRICT;  (2)  TO REDUCE COSTS TO THE STATE AND OTHER
SOCIAL SERVICES DISTRICTS RESULTING  FROM  SUCH  DECREASE;  AND  (3)  TO
ADJUST SERVICES TO PROVIDE REGIONALLY-BASED CARE TO JUVENILE DELINQUENTS
FROM  OTHER PARTS OF THE STATE NEEDING SERVICES IN THOSE LEVELS OF RESI-
DENTIAL SERVICES. AT LEAST SIXTY DAYS PRIOR TO TAKING ANY  SUCH  ACTION,
THE  COMMISSIONER  OF  THE OFFICE SHALL PROVIDE NOTICE OF SUCH ACTION TO
THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT  OF  THE  SENATE
AND  SHALL  POST SUCH NOTICE UPON ITS PUBLIC WEBSITE. SUCH NOTICE MAY BE
PROVIDED AT ANY TIME ON OR AFTER THE DATE THE  OFFICE  APPROVES  A  PLAN
AUTHORIZING  A  SOCIAL SERVICES DISTRICT TO IMPLEMENT PROGRAMS FOR JUVE-
NILE DELINQUENTS PLACED IN THE APPLICABLE SETTING  LEVEL.  SUCH  COMMIS-
SIONER  SHALL  BE  AUTHORIZED TO CONDUCT ANY AND ALL PREPARATORY ACTIONS
WHICH MAY BE REQUIRED TO EFFECTUATE SUCH CLOSURES OR SIGNIFICANT SERVICE
OR STAFFING REDUCTIONS AND TRANSFER OF OPERATIONS DURING SUCH SIXTY  DAY
PERIOD.
  (B)  ANY  TRANSFERS OF CAPACITY OR ANY RESULTING TRANSFER OF FUNCTIONS
SHALL BE AUTHORIZED TO BE MADE BY THE  COMMISSIONER  OF  THE  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  AND ANY TRANSFER OF PERSONNEL UPON SUCH
TRANSFER OF CAPACITY OR TRANSFER OF FUNCTIONS SHALL BE  ACCOMPLISHED  IN
ACCORDANCE  WITH  THE PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE
LAW.
  8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
ELIGIBLE  EXPENDITURES  DURING  THE  APPLICABLE  TIME  PERIODS MADE BY A
SOCIAL SERVICES DISTRICT FOR AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
TO HOME INITIATIVE SHALL,  IF  APPROVED  BY  THE  DEPARTMENT  OF  FAMILY
ASSISTANCE,  BE SUBJECT TO REIMBURSEMENT WITH STATE FUNDS ONLY UP TO THE
EXTENT OF AN ANNUAL  APPROPRIATION  MADE  SPECIFICALLY  THEREFOR,  AFTER
FIRST  DEDUCTING  THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR TO BE
RECEIVED ON ACCOUNT THEREOF; PROVIDED, HOWEVER,  THAT  WHEN  SUCH  FUNDS
HAVE  BEEN  EXHAUSTED,  A  SOCIAL  SERVICES  DISTRICT  MAY RECEIVE STATE
REIMBURSEMENT FROM OTHER AVAILABLE STATE APPROPRIATIONS FOR  THAT  STATE
FISCAL  YEAR FOR ELIGIBLE EXPENDITURES FOR SERVICES THAT OTHERWISE WOULD
BE REIMBURSABLE UNDER SUCH FUNDING STREAMS. ANY CLAIMS  SUBMITTED  BY  A
SOCIAL SERVICES DISTRICT FOR REIMBURSEMENT FOR A PARTICULAR STATE FISCAL
YEAR  FOR  WHICH  THE  SOCIAL  SERVICES  DISTRICT DOES NOT RECEIVE STATE
REIMBURSEMENT FROM THE ANNUAL APPROPRIATION FOR THE  APPROVED  CLOSE  TO
HOME INITIATIVE MAY NOT BE CLAIMED AGAINST THAT DISTRICT'S APPROPRIATION
FOR THE INITIATIVE FOR THE NEXT OR ANY SUBSEQUENT STATE FISCAL YEAR.
  (I)  STATE  FUNDING  FOR  REIMBURSEMENT SHALL BE, SUBJECT TO APPROPRI-
ATION,  IN  THE  FOLLOWING  AMOUNTS:  FOR  STATE  FISCAL  YEAR  2013-14,
$35,200,000  ADJUSTED BY ANY CHANGES IN SUCH AMOUNT REQUIRED BY SUBPARA-
GRAPHS (II) AND (III) OF THIS PARAGRAPH; FOR STATE FISCAL YEAR  2014-15,
$41,400,000  ADJUSTED  TO  INCLUDE THE AMOUNT OF ANY CHANGES MADE TO THE
STATE FISCAL YEAR 2013-14 APPROPRIATION  UNDER  SUBPARAGRAPHS  (II)  AND
(III)  OF  THIS  PARAGRAPH  PLUS ANY ADDITIONAL CHANGES REQUIRED BY SUCH
SUBPARAGRAPHS; AND, SUCH REIMBURSEMENT SHALL BE,  SUBJECT  TO  APPROPRI-
ATION,  FOR ALL SUBSEQUENT STATE FISCAL YEARS IN THE AMOUNT OF THE PRIOR
YEAR'S ACTUAL APPROPRIATION ADJUSTED BY ANY CHANGES REQUIRED BY SUBPARA-
GRAPHS (II) AND (III) OF THIS PARAGRAPH.
  (II) THE REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I)  OF  THIS
PARAGRAPH  SHALL  BE  INCREASED  OR DECREASED BY THE PERCENTAGE THAT THE

S. 6257                            37                            A. 9057

AVERAGE OF THE MOST RECENTLY APPROVED MAXIMUM STATE AID RATES FOR  GROUP
RESIDENTIAL  FOSTER CARE PROGRAMS IS HIGHER OR LOWER THAN THE AVERAGE OF
THE APPROVED MAXIMUM STATE AID RATES FOR GROUP RESIDENTIAL  FOSTER  CARE
PROGRAMS  IN  EXISTENCE  IMMEDIATELY PRIOR TO THE MOST RECENTLY APPROVED
RATES.
  (III) THE REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I) OF  THIS
PARAGRAPH  SHALL  BE INCREASED IF EITHER THE POPULATION OF ALLEGED JUVE-
NILE DELINQUENTS WHO RECEIVE A PROBATION INTAKE OR THE NUMBER  OF  YOUTH
WITH  A  DISPOSITION FROM THE FAMILY COURT WHO ARE DETERMINED TO BE HIGH
RISK, AS DEFINED IN CLAUSE (A) OF THIS  SUBPARAGRAPH,  INCREASES  BY  AT
LEAST  TEN PERCENT OVER THE RESPECTIVE POPULATION IN THE ANNUAL BASELINE
YEAR. THE BASELINE YEAR SHALL BE THE PERIOD FROM JULY FIRST,  TWO  THOU-
SAND  TEN THROUGH JUNE THIRTIETH, TWO THOUSAND ELEVEN OR THE MOST RECENT
TWELVE MONTH PERIOD FOR WHICH  THERE  IS  COMPLETE  DATA,  WHICHEVER  IS
LATER.    IN  EACH  SUCCESSIVE YEAR, THE POPULATION OF THE PREVIOUS JULY
FIRST THROUGH JUNE THIRTIETH PERIOD SHALL BE COMPARED  TO  THE  BASELINE
YEAR  FOR  DETERMINING  ANY ADJUSTMENTS TO A STATE FISCAL YEAR APPROPRI-
ATION.  WHEN EITHER POPULATION INCREASES BY TEN  PERCENT  OR  MORE,  THE
REIMBURSEMENT  WILL  BE  ADJUSTED BY A PERCENTAGE EQUAL TO THE LARGER OF
THE PERCENTAGE INCREASE IN EITHER THE NUMBER OF  PROBATION  INTAKES  FOR
ALLEGED JUVENILE DELINQUENTS OR THE NUMBER OF HIGH RISK YOUTH.
  (A)  FOR THE PURPOSES OF THIS SUBPARAGRAPH, HIGH RISK YOUTH SHALL MEAN
YOUTH WHO ARE CATEGORIZED BY THE NEW YORK CITY DEPARTMENT  OF  PROBATION
STRUCTURED  DECISION  MAKING GRID (OR ANY SUCCESSOR RISK ASSESSMENT TOOL
APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES  IN  CONSULTATION
WITH  THE  DIVISION OF CRIMINAL JUSTICE SERVICES) AS EITHER AT HIGH RISK
FOR RE-ARREST IN CASES WHERE THE MOST SERIOUS CURRENT ARREST CHARGE IS A
CLASS I OR II OR AT MEDIUM RISK FOR RE-ARREST IN CASES  WHERE  THE  MOST
SERIOUS CURRENT ARREST CHARGE IS A CLASS I.
  (B)  THE  SOCIAL SERVICES DISTRICT AND/OR THE NEW YORK CITY DEPARTMENT
OF PROBATION SHALL PROVIDE AN ANNUAL REPORT INCLUDING THE DATA  REQUIRED
TO  CALCULATE  THE  POPULATION ADJUSTMENT TO THE NEW YORK CITY OFFICE OF
MANAGEMENT AND BUDGET, THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
STATE DIVISION OF THE BUDGET NO LATER THAN THE FIRST  DAY  OF  SEPTEMBER
FOLLOWING  THE  CLOSE  OF THE PREVIOUS JULY FIRST THROUGH JUNE THIRTIETH
PERIOD.
  (B)  THE  DEPARTMENT  OF  FAMILY  ASSISTANCE  IS  AUTHORIZED,  IN  ITS
DISCRETION,  TO  MAKE  ADVANCES  TO A SOCIAL SERVICES DISTRICT IN ANTIC-
IPATION OF THE STATE REIMBURSEMENT PROVIDED FOR IN THIS SECTION.
  (C) A SOCIAL SERVICES  DISTRICT  SHALL  CONDUCT  ELIGIBILITY  DETERMI-
NATIONS  FOR  FEDERAL AND STATE FUNDING AND SUBMIT CLAIMS FOR REIMBURSE-
MENT IN SUCH FORM AND MANNER AND AT SUCH TIMES AND FOR SUCH  PERIODS  AS
THE DEPARTMENT OF FAMILY ASSISTANCE SHALL DETERMINE.
  (D) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR REGULATION OF
THE  DEPARTMENT  OF  FAMILY ASSISTANCE, STATE REIMBURSEMENT SHALL NOT BE
MADE FOR ANY EXPENDITURE MADE FOR THE DUPLICATION OF ANY GRANT OR ALLOW-
ANCE FOR ANY PERIOD.
  (E) CLAIMS SUBMITTED BY A SOCIAL SERVICES DISTRICT  FOR  REIMBURSEMENT
SHALL  BE  PAID AFTER DEDUCTING ANY EXPENDITURES DEFRAYED BY FEES, THIRD
PARTY REIMBURSEMENT, AND ANY NON-TAX LEVY FUNDS  INCLUDING  ANY  DONATED
FUNDS.
  (F) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT REIMBURSE ANY
CLAIMS FOR EXPENDITURES FOR RESIDENTIAL SERVICES THAT ARE SUBMITTED MORE
THAN  TWENTY-TWO MONTHS AFTER THE CALENDAR QUARTER IN WHICH THE EXPENDI-
TURES WERE MADE.

S. 6257                            38                            A. 9057

  (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE SHALL NOT BE
RESPONSIBLE FOR REIMBURSING A SOCIAL SERVICES DISTRICT  AND  A  DISTRICT
SHALL  NOT  SEEK STATE REIMBURSEMENT FOR ANY PORTION OF ANY STATE DISAL-
LOWANCE OR SANCTION TAKEN AGAINST THE SOCIAL SERVICES DISTRICT,  OR  ANY
FEDERAL  DISALLOWANCE  ATTRIBUTABLE TO FINAL FEDERAL AGENCY DECISIONS OR
TO SETTLEMENTS MADE, WHEN SUCH DISALLOWANCE OR SANCTION RESULTS FROM THE
FAILURE OF THE SOCIAL SERVICES DISTRICT TO COMPLY WITH FEDERAL OR  STATE
REQUIREMENTS,  INCLUDING, BUT NOT LIMITED TO, FAILURE TO DOCUMENT ELIGI-
BILITY FOR THE FEDERAL OR STATE FUNDS IN THE CASE RECORD.  TO THE EXTENT
THAT THE SOCIAL SERVICES DISTRICT HAS SUFFICIENT CLAIMS OTHER THAN THOSE
THAT ARE SUBJECT TO DISALLOWANCE OR SANCTION TO DRAW DOWN THE FULL ANNU-
AL APPROPRIATION, SUCH DISALLOWANCE OR SANCTION SHALL NOT  RESULT  IN  A
REDUCTION  IN PAYMENT OF STATE FUNDS TO THE DISTRICT UNLESS THE DISTRICT
REQUESTS THAT THE DEPARTMENT USE A PORTION OF THE  APPROPRIATION  TOWARD
MEETING  THE  DISTRICT'S  RESPONSIBILITY TO REPAY THE FEDERAL GOVERNMENT
FOR THE DISALLOWANCE OR SANCTION AND ANY RELATED INTEREST PAYMENTS.
  (H) RATES FOR RESIDENTIAL SERVICES. (I) THE OFFICE SHALL ESTABLISH THE
RATES, IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-EIGHT-A  OF  THIS
CHAPTER,  FOR  ANY  NON-SECURE  FACILITIES ESTABLISHED UNDER AN APPROVED
JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE. FOR ANY SUCH NON-SE-
CURE FACILITY THAT  WILL  BE  USED  PRIMARILY  BY  THE  SOCIAL  SERVICES
DISTRICT  WITH AN APPROVED CLOSE TO HOME INITIATIVE, FINAL AUTHORITY FOR
ESTABLISHMENT OF SUCH RATES AND ANY  ADJUSTMENTS  THERETO  SHALL  RESIDE
WITH  THE  OFFICE,  BUT  SUCH RATES AND ANY ADJUSTMENTS THERETO SHALL BE
ESTABLISHED ONLY UPON THE REQUEST OF, AND  IN  CONSULTATION  WITH,  SUCH
SOCIAL SERVICES DISTRICT.
  (II)  A  SOCIAL  SERVICES  DISTRICT  WITH AN APPROVED JUVENILE JUSTICE
SERVICES CLOSE TO HOME INITIATIVE FOR  JUVENILE  DELINQUENTS  PLACED  IN
LIMITED  SECURE  SETTINGS  SHALL  HAVE  THE  AUTHORITY  TO ESTABLISH AND
ADJUST, ON AN ANNUAL OR REGULAR BASIS,  MAINTENANCE  RATES  FOR  LIMITED
SECURE  FACILITIES PROVIDING RESIDENTIAL SERVICES UNDER SUCH INITIATIVE.
SUCH RATES SHALL NOT BE SUBJECT  TO  THE  PROVISIONS  OF  SECTION  THREE
HUNDRED  NINETY-EIGHT-A  OF THIS CHAPTER BUT SHALL BE SUBJECT TO MAXIMUM
COST LIMITS ESTABLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  9. UPON APPROVAL OF A SOCIAL SERVICES DISTRICT'S PLAN, THE  OFFICE  OF
CHILDREN  AND  FAMILY SERVICES SHALL NOTIFY THE SUPERVISING FAMILY COURT
JUDGE RESPONSIBLE FOR THE FAMILY COURTS SERVING  SUCH  DISTRICT  OF  THE
EFFECTIVE DATE AND PLACEMENT SETTINGS COVERED BY THE PLAN.
  (A) BEGINNING ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED PLAN THAT
ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, A FAMILY
COURT  JUDGE  SERVING IN A COUNTY WHERE SUCH SOCIAL SERVICES DISTRICT IS
LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN ADJUDICATED JUVENILE DELIN-
QUENT IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF  CHILDREN  AND
FAMILY  SERVICES  FOR  PLACEMENT  IN A SECURE OR LIMITED SECURE FACILITY
PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT.
  (B) BEGINNING ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED  PLAN  TO
IMPLEMENT  PROGRAMS  FOR  JUVENILE  DELINQUENTS PLACED IN LIMITED SECURE
SETTINGS, A FAMILY COURT JUDGE SERVING IN A  COUNTY  WHERE  SUCH  SOCIAL
SERVICES  DISTRICT IS LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN ADJU-
DICATED JUVENILE DELINQUENT IN THE CUSTODY OF THE  COMMISSIONER  OF  THE
OFFICE OF CHILDREN AND FAMILY SERVICES FOR PLACEMENT IN A SECURE FACILI-
TY PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT.
  10. IF THE SOCIAL SERVICES DISTRICT RECEIVES THE NECESSARY APPROVAL TO
IMPLEMENT  A  CLOSE TO HOME INITIATIVE, THE DISTRICT SHALL IMPLEMENT THE
INITIATIVE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS  AND
REGULATIONS.    IF  THE  SOCIAL SERVICES DISTRICT RECEIVES THE NECESSARY

S. 6257                            39                            A. 9057

APPROVAL OF A PLAN FOR JUVENILE DELINQUENTS  PLACED  IN  LIMITED  SECURE
SETTINGS,  THE  OFFICE SHALL PROMULGATE REGULATIONS GOVERNING THE OPERA-
TION OF SUCH LIMITED SECURE FACILITIES.  IF  SUCH  REGULATIONS  ARE  NOT
ADOPTED  PRIOR  TO  THE  DATE  THAT  AN  AUTHORIZED AGENCY APPLIES FOR A
LICENSE TO OPERATE SUCH A FACILITY, THE FACILITY SHALL BE SUBJECT TO THE
EXISTING REGULATIONS OF THE OFFICE THAT WOULD APPLY TO THE OPERATION  OF
A  FOSTER  CARE  FACILITY  OF THE SAME SIZE; PROVIDED, HOWEVER, THAT THE
OFFICE SHALL BE AUTHORIZED TO GRANT AN EXCEPTION TO THE AUTHORIZED AGEN-
CY, UNTIL SUCH LIMITED SECURE  REGULATIONS  ARE  ADOPTED,  TO  ANY  SUCH
EXISTING  REGULATION THAT THE OFFICE DETERMINES WOULD IMPEDE THE ABILITY
OF THE AUTHORIZED AGENCY TO PROVIDE THE RESTRICTIVE SETTING AND PROGRAMS
NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE  SETTING
IN  ACCORDANCE  WITH THE APPROVED PLAN. ANY LIMITED SECURE FACILITY THAT
IS GRANTED SUCH A WAIVER SHALL COMPLY WITH  ANY  ALTERNATE  REQUIREMENTS
THE  OFFICE  MAY  CONSIDER NECESSARY FOR THE PROTECTION OF THE HEALTH OR
SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY  OR  THE  SURROUNDING
COMMUNITY.
  (A)  THE  INITIATIVE  SHALL  BE  SUBJECT TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES' ONGOING OVERSIGHT AND  MONITORING  INCLUDING,  BUT  NOT
LIMITED  TO:  CASE RECORD REVIEWS; STAFF, FAMILY, AND CLIENT INTERVIEWS;
ON-SITE INSPECTIONS; REVIEW  OF  DATA  REGARDING  PROVIDER  PERFORMANCE,
YOUTH  AND  STAFF SAFETY, AND QUALITY OF CARE, WHICH MUST BE PROVIDED TO
THE OFFICE IN THE FORM AND MANNER AND AT SUCH TIMES AS REQUIRED  BY  THE
OFFICE;  AND  CONTINUED LICENSING AND MONITORING OF THE AUTHORIZED AGEN-
CIES PROVIDING SERVICES UNDER THE PLAN PURSUANT TO THIS CHAPTER.
  (B) THE SOCIAL SERVICES DISTRICT SHALL PROVIDE  EACH  JUVENILE  DELIN-
QUENT  WITH AN APPROPRIATE LEVEL OF SERVICES DESIGNED TO MEET HIS OR HER
INDIVIDUAL NEEDS AND TO ENHANCE PUBLIC  SAFETY  AND  SHALL  PROVIDE  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES WITH SPECIFIC INFORMATION AS
REQUIRED BY THE OFFICE, IN THE FORMAT AND AT SUCH TIMES AS  REQUIRED  BY
SUCH  OFFICE,  ON  THE  YOUTH  PARTICIPATING  IN  THE INITIATIVE AND THE
PROGRAMS SERVING SUCH YOUTH. SUCH INFORMATION SHALL BE PROVIDED  TO  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES ON A MONTHLY BASIS FOR THE FIRST
TWELVE MONTHS IMMEDIATELY FOLLOWING THE IMPLEMENTATION OF  THE  PROGRAMS
FOR  EACH  LEVEL OF CARE AND SHALL BE PROVIDED TO SUCH OFFICE ON A QUAR-
TERLY BASIS THEREAFTER.
  11. THE SOCIAL SERVICES DISTRICT SHALL SUBMIT A REPORT TO  THE  OFFICE
OF CHILDREN AND FAMILY SERVICES ANNUALLY, IN THE FORMAT REQUIRED BY SUCH
OFFICE, DETAILING OVERALL INITIATIVE PERFORMANCE.
  12.  IF THE OFFICE OF CHILDREN AND FAMILY SERVICES DETERMINES THAT THE
SOCIAL SERVICES DISTRICT IS FAILING TO ADEQUATELY PROVIDE FOR THE  JUVE-
NILE  DELINQUENTS PLACED UNDER AN APPROVED PLAN, SUCH OFFICE MAY REQUIRE
THE SOCIAL SERVICES DISTRICT TO SUBMIT A  CORRECTIVE  ACTION  PLAN,  FOR
SUCH  OFFICE'S APPROVAL, DEMONSTRATING HOW IT WILL RECTIFY THE INADEQUA-
CIES. IF THE OFFICE DETERMINES THAT  THE  SOCIAL  SERVICES  DISTRICT  IS
FAILING  TO MAKE SUFFICIENT PROGRESS TOWARDS IMPLEMENTING THE CORRECTIVE
ACTION PLAN IN THE TIME AND MANNER APPROVED BY THE  OFFICE,  THE  OFFICE
SHALL  PROVIDE THE DISTRICT WRITTEN NOTICE OF SUCH DETERMINATION AND THE
BASIS THEREFOR, AND MANDATE THAT THE DISTRICT TAKE ALL NECESSARY ACTIONS
TO IMPLEMENT THE PLAN. IF A DISTRICT HAS FAILED WITHIN A REASONABLE TIME
THEREAFTER TO MAKE PROGRESS IMPLEMENTING ANY REGULATION,  OR  ANY  OTHER
PORTION  OF SUCH PLAN THAT IS INTENDED TO PREVENT IMMINENT DANGER TO THE
HEALTH, SAFETY OR WELFARE OF THE YOUTH BEING SERVED UNDER THE PLAN,  THE
OFFICE  MAY  WITHHOLD  OR  SET  ASIDE A PORTION OF THE FUNDING DUE UNDER
SUBDIVISION EIGHT OF THIS SECTION UNTIL THE DISTRICT  DEMONSTRATES  THAT
SUFFICIENT PROGRESS IS BEING MADE; OR TERMINATE THE DISTRICT'S AUTHORITY

S. 6257                            40                            A. 9057

TO  OPERATE  ALL  OR A PORTION OF THE JUVENILE JUSTICE SERVICES CLOSE TO
HOME INITIATIVE, TAKE ALL NECESSARY STEPS TO  ASSUME  CUSTODY  FOR,  AND
PROVIDE  SERVICES  TO,  THE APPLICABLE JUVENILE DELINQUENTS BEING SERVED
UNDER THE INITIATIVE, AND DISCONTINUE FUNDS PROVIDED TO THE DISTRICT FOR
SUCH  SERVICES.  THE OFFICE SHALL NOT WITHHOLD, SET ASIDE OR DISCONTINUE
STATE AID TO A DISTRICT UNTIL WRITTEN NOTICE IS GIVEN TO THE COMMISSION-
ER OF THE DISTRICT, AND IN THE EVENT FUNDING IS WITHHELD, SET  ASIDE  OR
DISCONTINUED,  THE DISTRICT MAY APPEAL TO THE OFFICE, WHICH SHALL HOLD A
FAIR HEARING THEREON IN ACCORDANCE WITH THE PROVISIONS OF SECTION  TWEN-
TY-TWO  OF  THIS  CHAPTER  RELATING  TO  FAIR HEARINGS. THE DISTRICT MAY
INSTITUTE A PROCEEDING FOR A REVIEW OF THE DETERMINATION OF  THE  OFFICE
FOLLOWING  THE  FAIR  HEARING  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES.  ANY FUNDS WITHHELD, SET ASIDE OR  DISCON-
TINUED  PURSUANT TO THIS PROVISION SHALL BE APPLIED TO ADDRESS THE PROB-
LEM WHICH WAS THE BASIS FOR SUCH SANCTION.  IF THE OFFICE  TERMINATES  A
DISTRICT'S  AUTHORITY  TO  OPERATE  ANY  PORTION  OF  A JUVENILE JUSTICE
SERVICES CLOSE TO HOME INITIATIVE IN ACCORDANCE WITH  THIS  SUBDIVISION,
THE  OFFICE  SHALL NOTIFY THE SUPERVISING FAMILY COURT JUDGE RESPONSIBLE
FOR THE FAMILY COURTS SERVING SUCH DISTRICT OF SUCH TERMINATION AND  THE
EFFECTIVE DATE OF SUCH TERMINATION.
  13. ONCE A PLAN BECOMES OPERATIVE PURSUANT TO THIS SECTION, THE SOCIAL
SERVICES  DISTRICT  SHALL  CARRY OUT THE FOLLOWING FUNCTIONS, POWERS AND
DUTIES WITH RESPECT TO PLACEMENTS OF JUVENILE DELINQUENTS IN  ACCORDANCE
WITH  THE  PROVISIONS  OF SUCH PLAN AND ALL APPLICABLE FEDERAL AND STATE
LAWS AND REGULATIONS:
  (A) TO ENTER INTO CONTRACTS WITH AUTHORIZED AGENCIES,  AS  DEFINED  IN
SECTION  THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER, TO OPERATE AND MAIN-
TAIN FACILITIES AUTHORIZED UNDER SUCH PLAN; SUCH CONTRACTS  MAY  INCLUDE
SUCH PROGRAM REQUIREMENTS AS DEEMED NECESSARY BY THE DISTRICT;
  (B)  TO  DETERMINE THE PARTICULAR FACILITY OR PROGRAM IN WHICH A JUVE-
NILE DELINQUENT PLACED WITH THE DISTRICT SHALL BE CARED FOR, BASED  UPON
AN EVALUATION OF SUCH JUVENILE DELINQUENT;
  (C)  TO  TRANSFER A JUVENILE DELINQUENT FROM ONE FACILITY TO ANY OTHER
FACILITY, WHEN THE INTERESTS OF SUCH JUVENILE DELINQUENT  REQUIRES  SUCH
ACTION; PROVIDED THAT, IF THE DISTRICT HAS AN APPROVED PLAN TO IMPLEMENT
SERVICES  FOR  JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, A
JUVENILE DELINQUENT TRANSFERRED TO A NON-SECURE FACILITY FROM A  LIMITED
SECURE  FACILITY  MAY  BE  RETURNED  TO A LIMITED SECURE FACILITY UPON A
DETERMINATION BY THE DISTRICT THAT, FOR ANY REASON, CARE  AND  TREATMENT
AT THE NON-SECURE FACILITY IS NO LONGER SUITABLE;
  (D)  TO ISSUE A WARRANT FOR THE APPREHENSION AND RETURN OF ANY RUNAWAY
OR CONDITIONALLY RELEASED JUVENILE DELINQUENT PLACED WITH THE  DISTRICT,
IN  ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES; PROVIDED FURTHER THAT:
  (I) A SOCIAL SERVICES OFFICIAL, PURSUANT TO  THE  REGULATIONS  OF  THE
OFFICE  OF  CHILDREN AND FAMILY SERVICES, SHALL ISSUE A WARRANT DIRECTED
GENERALLY TO ANY  PEACE  OFFICER,  ACTING  PURSUANT  TO  SUCH  OFFICER'S
SPECIAL  DUTIES, OR POLICE OFFICER IN THE STATE FOR THE APPREHENSION AND
RETURN OF ANY RUNAWAY  OR  CONDITIONALLY  RELEASED  JUVENILE  DELINQUENT
UNDER  THE  JURISDICTION  OF  THE  DISTRICT  AND  SUCH  WARRANT SHALL BE
EXECUTED BY ANY PEACE OFFICER, ACTING PURSUANT TO SUCH OFFICER'S SPECIAL
DUTIES, OR POLICE OFFICER TO  WHOM  IT  MAY  BE  DELIVERED;  THE  SOCIAL
SERVICES  DISTRICT  ALSO SHALL PROVIDE RELEVANT LAW ENFORCEMENT AGENCIES
WITHIN FORTY-EIGHT HOURS WITH ANY PHOTOGRAPHS OF ANY RUNAWAY  OR  CONDI-
TIONALLY  RELEASED  JUVENILE  DELINQUENT  FOR  WHOM A WARRANT IS ISSUED,
TOGETHER WITH ANY PERTINENT INFORMATION RELATIVE TO SUCH JUVENILE DELIN-

S. 6257                            41                            A. 9057

QUENT; SUCH PHOTOGRAPHS SHALL REMAIN THE PROPERTY OF THE SOCIAL SERVICES
DISTRICT AND SHALL BE KEPT CONFIDENTIAL FOR USE SOLELY IN THE  APPREHEN-
SION  OF  SUCH JUVENILE DELINQUENT AND SHALL BE RETURNED PROMPTLY TO THE
DISTRICT  UPON  APPREHENSION  OF  SUCH  JUVENILE DELINQUENT, OR UPON THE
DEMAND OF THE DISTRICT;
  (II) A SOCIAL SERVICES OFFICIAL SHALL GIVE IMMEDIATE WRITTEN NOTICE TO
THE FAMILY COURT WHEN ANY JUVENILE DELINQUENT  PLACED  WITH  THE  SOCIAL
SERVICES  DISTRICT  BY  ORDER  OF SAID FAMILY COURT, IS ABSENT FROM SUCH
PLACEMENT WITHOUT CONSENT;
  (III) A MAGISTRATE MAY CAUSE A RUNAWAY  OR  A  CONDITIONALLY  RELEASED
JUVENILE  DELINQUENT  TO BE HELD IN CUSTODY UNTIL RETURNED TO THE SOCIAL
SERVICES DISTRICT;
  (E) (I) TO CAUSE A JUVENILE DELINQUENT UNDER THE JURISDICTION  OF  THE
SOCIAL  SERVICES  DISTRICT  WHO  RUNS AWAY FROM A FACILITY, TO BE APPRE-
HENDED AND RETURNED TO THE SOCIAL SERVICES DISTRICT OR AUTHORIZED  AGEN-
CY;
  (II)  IF  A  JUVENILE  DELINQUENT UNDER THE JURISDICTION OF THE SOCIAL
SERVICES DISTRICT VIOLATES ANY CONDITION OF  RELEASE  THEREFROM,  OR  IF
THERE  IS  A  CHANGE  OF CIRCUMSTANCES, AND THE SOCIAL SERVICES DISTRICT
DETERMINES THAT IT WOULD BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS
OF SAID JUVENILE DELINQUENT AND THE NEED TO PROTECT  THE  COMMUNITY,  OR
THAT  THERE  IS  A  SUBSTANTIAL LIKELIHOOD SAID JUVENILE DELINQUENT WILL
COMMIT AN ACT THAT WOULD BE A CRIME OR CONSTITUTE A CRIME IF HE  OR  SHE
WERE  AN  ADULT, TO CAUSE SAID JUVENILE DELINQUENT TO BE APPREHENDED AND
RETURNED TO THE DISTRICT OR AUTHORIZED  AGENCY  PURSUANT  TO  THE  REGU-
LATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
  (III)  TO  AUTHORIZE  AN  EMPLOYEE  DESIGNATED  BY THE SOCIAL SERVICES
DISTRICT, WITHOUT A WARRANT, TO APPREHEND  A  RUNAWAY  OR  CONDITIONALLY
RELEASED  JUVENILE  DELINQUENT  IN ANY COUNTY IN THIS STATE WHOSE RETURN
HAS BEEN ORDERED BY THE SOCIAL SERVICES DISTRICT, AND RETURN SAID  JUVE-
NILE  DELINQUENT  TO ANY APPROPRIATE SOCIAL SERVICES DISTRICT, DETENTION
FACILITY, AUTHORIZED AGENCY OR PROGRAM;
  (F) PURSUANT TO THE REGULATIONS OF THE OFFICE OF CHILDREN  AND  FAMILY
SERVICES,  TO  DEVELOP AND OPERATE PROGRAMS FOR YOUTH PLACED OR REFERRED
TO THE DISTRICT OR IN CONJUNCTION WITH AN ORDER PROVIDED  IN  ACCORDANCE
WITH SECTION 353.6 OF THE FAMILY COURT ACT;
  (G)  UPON  THE  PLACEMENT OF ANY JUVENILE DELINQUENT EIGHTEEN YEARS OF
AGE OR OLDER, OR UPON THE EIGHTEENTH BIRTHDAY OF ANY YOUTH PLACED IN THE
CUSTODY OF THE SOCIAL SERVICES DISTRICT FOR AN ADJUDICATION OF  JUVENILE
DELINQUENCY  FOR  HAVING COMMITTED AN ACT WHICH IF COMMITTED BY AN ADULT
WOULD CONSTITUTE A FELONY, AND  STILL  IN  THE  CUSTODY  OF  THE  SOCIAL
SERVICES  DISTRICT,  TO NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES
OF SUCH PLACEMENT OR BIRTHDAY.   PROVIDED, HOWEVER, IN  THE  CASE  OF  A
YOUTH  ELEVEN  OR  TWELVE  YEARS OF AGE AT THE TIME THE ACT OR ACTS WERE
COMMITTED, THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL  NOT  BE
PROVIDED  WITH THE YOUTH'S NAME, UNLESS THE ACTS COMMITTED BY SUCH YOUTH
WOULD CONSTITUTE A CLASS A OR B FELONY. UPON THE SUBSEQUENT DISCHARGE IT
SHALL BE THE DUTY OF THE SOCIAL SERVICES DISTRICT TO NOTIFY THE DIVISION
OF CRIMINAL JUSTICE SERVICES OF THAT FACT AND THE DATE OF DISCHARGE. FOR
THE PURPOSES OF THIS PARAGRAPH, A YOUTH'S AGE SHALL BE DETERMINED TO  BE
THE AGE STATED IN THE PLACEMENT ORDER;
  (H)  TO  PROVIDE  JUVENILE  DELINQUENTS IN RESIDENTIAL PLACEMENTS WITH
REASONABLE AND APPROPRIATE VISITATION BY FAMILY MEMBERS AND CONSULTATION
WITH THEIR LEGAL REPRESENTATIVE IN ACCORDANCE WITH  THE  REGULATIONS  OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND

S. 6257                            42                            A. 9057

  (I) TO PROVIDE RESIDENTIAL CARE IN PROGRAMS SUBJECT TO THE REGULATIONS
OF  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, FOR INFANTS BORN TO OR
BEING NURSED BY FEMALE JUVENILE DELINQUENTS PLACED  WITH  THE  DISTRICT;
RESIDENTIAL  CARE  FOR SUCH AN INFANT MAY BE PROVIDED FOR SUCH PERIOD OF
TIME AS IS DEEMED DESIRABLE FOR THE WELFARE OF THE MOTHER OR INFANT.
  14. THE FOLLOWING PERSONS SHALL BE AUTHORIZED TO VISIT, AT THEIR PLEA-
SURE,  ALL  PROGRAMS OPERATED BY A SOCIAL SERVICES DISTRICT PURSUANT TO,
OR IN ACCORDANCE WITH THIS SECTION: THE GOVERNOR;  LIEUTENANT  GOVERNOR;
COMPTROLLER; ATTORNEY GENERAL; MEMBERS OF THE LEGISLATURE; JUDGES OF THE
COURT  OF  APPEALS;  JUDGES  FROM SUPREME COURT, FAMILY COURT AND COUNTY
COURTS AND DISTRICT ATTORNEYS, COUNTY ATTORNEYS AND  ATTORNEYS  EMPLOYED
IN  THE OFFICE OF THE CORPORATION COUNSEL HAVING JURISDICTION WITHIN THE
APPLICABLE SOCIAL  SERVICES  DISTRICT  OR  COUNTY  WHERE  A  PROGRAM  IS
LOCATED; AND ANY PERSON OR AGENCY OTHERWISE AUTHORIZED BY STATUTE.
  15.  A JUVENILE DELINQUENT IN THE CARE OF THE SOCIAL SERVICES DISTRICT
WHO ATTENDS PUBLIC SCHOOL WHILE IN RESIDENCE  AT  A  FACILITY  SHALL  BE
DEEMED  A  RESIDENT  OF  THE SCHOOL DISTRICT WHERE THE YOUTH'S PARENT OR
GUARDIAN RESIDES AT THE COMMENCEMENT OF EACH SCHOOL YEAR FOR THE PURPOSE
OF DETERMINING WHICH  SCHOOL  DISTRICT  SHALL  BE  RESPONSIBLE  FOR  THE
YOUTH'S TUITION.
  16.  THE  SOCIAL  SERVICES  DISTRICT  SHALL  BE PERMITTED TO INTERVENE
PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (A)  OF  SECTION  ONE  THOUSAND
TWELVE  OF  THE  CIVIL PRACTICE LAW AND RULES IN ANY ACTION INVOLVING AN
APPEAL FROM A DECISION OF ANY  COURT  OF  THIS  STATE  THAT  RELATES  TO
PROGRAMS,  CONDITIONS  OR  SERVICES  PROVIDED  BY  SUCH  DISTRICT OR ANY
AUTHORIZED AGENCY WITH WHICH THE DISTRICT HAS PLACED A  JUVENILE  DELIN-
QUENT  PURSUANT  TO  THIS  SECTION. WRITTEN NOTICE SHALL BE GIVEN TO THE
CORPORATION COUNSEL OF THE CITY OF NEW YORK OR COUNTY  ATTORNEY  BY  THE
PARTY TAKING THE APPEAL.
  17.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE SOCIAL
SERVICES DISTRICT MAY DELAY  ACCEPTANCE  OF  A  JUVENILE  DELINQUENT  IN
DETENTION WHO IS PLACED IN THE DISTRICT'S CUSTODY IN ACCORDANCE WITH THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  18.  NO  ORDER THAT PLACES A JUVENILE DELINQUENT IN THE CUSTODY OF THE
SOCIAL SERVICES DISTRICT THAT RECITES THE FACTS UPON WHICH IT  IS  BASED
SHALL  BE  DEEMED OR HELD TO BE INVALID BY REASON OF ANY IMPERFECTION OR
DEFECT IN FORM.
  S 2. Section 351.1 of the family court act is amended by adding a  new
subdivision 2-a to read as follows:
  2-A.  (A) IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
JUSTICE SERVICES CLOSE TO  HOME  INITIATIVE  PURSUANT  TO  SECTION  FOUR
HUNDRED  FOUR OF THE SOCIAL SERVICES LAW, THE LOCAL PROBATION DEPARTMENT
SHALL DEVELOP AND SUBMIT TO THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
FOR PRIOR APPROVAL A VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
MENT  AND  ANY  RISK ASSESSMENT PROCESS.   SUCH DEPARTMENT SHALL PERIOD-
ICALLY REVALIDATE ANY APPROVED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
MENT.   THE   DEPARTMENT   SHALL   CONSPICUOUSLY   POST   ANY   APPROVED
PRE-DISPOSITIONAL  RISK ASSESSMENT INSTRUMENT AND PROCESS ON ITS WEBSITE
AND SHALL CONFER WITH APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMIT-
ED TO, ATTORNEYS FOR  CHILDREN,  PRESENTMENT  AGENCIES  AND  THE  FAMILY
COURT, PRIOR TO REVISING ANY VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT
INSTRUMENT  OR  PROCESS.  ANY  REVISED PRE-DISPOSITIONAL RISK ASSESSMENT
INSTRUMENT SHALL BE SUBJECT TO PERIODIC EMPIRICAL VALIDATION AND TO  THE
APPROVAL  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE DEPARTMENT
SHALL PROVIDE TRAINING ON THE APPROVED INSTRUMENT AND ANY APPROVED PROC-

S. 6257                            43                            A. 9057

ESS TO THE APPLICABLE  FAMILY  COURTS,  PRESENTMENT  AGENCY,  AND  COURT
APPOINTED ATTORNEYS FOR RESPONDENTS.
  (B)  ONCE AN INITIAL VALIDATED RISK ASSESSMENT INSTRUMENT AND ANY RISK
ASSESSMENT PROCESS HAVE BEEN APPROVED BY  THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  IN  CONSULTATION WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES, THE LOCAL PROBATION DEPARTMENT SHALL  PROVIDE  THE  APPLICABLE
SUPERVISING FAMILY COURT JUDGE WITH A COPY OF THE VALIDATED RISK ASSESS-
MENT  INSTRUMENT  AND  ANY  SUCH  PROCESS ALONG WITH THE LETTER FROM THE
OFFICE OF CHILDREN AND FAMILY  SERVICES  APPROVING  THE  INSTRUMENT  AND
PROCESS,  IF  APPLICABLE, AND INDICATING THE DATE THE INSTRUMENT AND ANY
SUCH PROCESS SHALL BE EFFECTIVE, PROVIDED THAT SUCH EFFECTIVE DATE SHALL
BE AT LEAST THIRTY DAYS AFTER SUCH NOTIFICATION.
  (C) COMMENCING ON THE EFFECTIVE DATE OF A VALIDATED  PRE-DISPOSITIONAL
RISK ASSESSMENT INSTRUMENT AND ANY APPROVED PROCESS AND THEREAFTER, EACH
PROBATION  INVESTIGATION  ORDERED  UNDER SUBDIVISION TWO OF THIS SECTION
SHALL INCLUDE THE RESULTS  OF  THE  VALIDATED  RISK  ASSESSMENT  OF  THE
RESPONDENT  AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED IN
ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS
RECEIVED AND GIVEN DUE CONSIDERATION TO THE RESULTS  OF  SUCH  VALIDATED
RISK  ASSESSMENT AND ANY APPROVED PROCESS AND MADE THE FINDINGS REQUIRED
PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF SECTION  352.2  OF  THIS
PART.
  (D)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA
NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT  INSTRU-
MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION
ADMINISTRATIONS,  DETENTION  PROVIDERS,  PRESENTMENT  AGENCIES,  AND THE
ATTORNEY FOR THE CHILD UPON RETENTION  OR  APPOINTMENT  SOLELY  FOR  THE
PURPOSE  OF  ACCURATE  COMPLETION  OF SUCH RISK ASSESSMENT INSTRUMENT. A
COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL
BE MADE AVAILABLE TO THE APPLICABLE COURT.
  (E) THE LOCAL PROBATION DEPARTMENT SHALL PROVIDE THE DIVISION OF CRIM-
INAL JUSTICE SERVICES WITH INFORMATION REGARDING THE USE OF THE PRE-DIS-
POSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN
THE TIME AND  MANNER  REQUIRED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.  THE  DIVISION  MAY REQUIRE THAT SUCH DATA BE SUBMITTED TO THE
DIVISION ELECTRONICALLY. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 3. Subdivision 2 of section 352.2 of the family court act is amended
by adding a new paragraph (f) to read as follows:
  (F)(1) IN A SOCIAL SERVICES DISTRICT OPERATING  AN  APPROVED  JUVENILE
JUSTICE  SERVICES  CLOSE  TO  HOME  INITIATIVE  PURSUANT TO SECTION FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW,  ONCE  THE  SUPERVISING  FAMILY
COURT  JUDGE  RECEIVES  NOTICE THAT A RISK ASSESSMENT INSTRUMENT AND ANY
RISK ASSESSMENT PROCESS HAVE BEEN APPROVED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES PURSUANT TO SUBDIVISION TWO-A OF SECTION 351.1  OF  THIS
PART, THE COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF THE VALI-
DATED  RISK ASSESSMENT AND ANY SUCH PROCESS PROVIDED TO THE COURT PURSU-
ANT TO SUCH SUBDIVISION WHEN DETERMINING THE APPROPRIATE DISPOSITION FOR
THE RESPONDENT.
  (2) ANY ORDER OF THE COURT DIRECTING THE  PLACEMENT  OF  A  RESPONDENT
INTO A RESIDENTIAL PROGRAM SHALL STATE:
  (I)  THE LEVEL OF RISK THE YOUTH WAS ASSESSED AT PURSUANT TO THE VALI-
DATED RISK ASSESSMENT INSTRUMENT; AND
  (II) IF A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL  OF
PLACEMENT  THAN  APPEARS WARRANTED BASED ON SUCH RISK ASSESSMENT INSTRU-
MENT AND ANY APPROVED RISK ASSESSMENT PROCESS,  THE  PARTICULAR  REASONS

S. 6257                            44                            A. 9057

WHY  SUCH PLACEMENT WAS DETERMINED TO BE NECESSARY FOR THE PROTECTION OF
THE COMMUNITY AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS  OF
THE RESPONDENT; AND
  (III)  THAT  A  LESS  RESTRICTIVE ALTERNATIVE THAT WOULD BE CONSISTENT
WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT  AND  THE  NEED  FOR
PROTECTION OF THE COMMUNITY IS NOT AVAILABLE.
  S  4. Section 353.3 of the family court act is amended by adding a new
subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRA-
RY,  IN A DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE  SOCIAL
SERVICES LAW:
  (A)  BEGINNING  ON  THE EFFECTIVE DATE OF THE DISTRICT'S APPROVED PLAN
THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE
COURT MAY ONLY PLACE THE RESPONDENT:
  (I) IN THE CUSTODY OF THE COMMISSIONER OF THE  LOCAL  SOCIAL  SERVICES
DISTRICT FOR PLACEMENT IN A NON-SECURE LEVEL OF CARE; OR
  (II)  IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR PLACEMENT IN A LIMITED SECURE  OR  SECURE  LEVEL  OF
CARE; AND
  (B) BEGINNING ON THE EFFECTIVE DATE OF THE DISTRICT'S APPROVED PLAN TO
IMPLEMENT  PROGRAMS  FOR  YOUTH  PLACED  IN LIMITED SECURE SETTINGS, THE
COURT MAY ONLY PLACE THE RESPONDENT:
  (I) IN THE CUSTODY OF THE COMMISSIONER OF THE  LOCAL  SOCIAL  SERVICES
DISTRICT FOR PLACEMENT IN:
  (A) A NON-SECURE LEVEL OF CARE;
  (B) A LIMITED SECURE LEVEL OF CARE; OR
  (C) EITHER A NON-SECURE OR LIMITED SECURE LEVEL OF CARE, AS DETERMINED
BY SUCH COMMISSIONER; OR
  (II)  IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR PLACEMENT IN A SECURE LEVEL OF CARE.
  S 5. Subdivision 9 of 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:
  9. If the court places a respondent with the office  of  children  and
family  services,  OR  IN  A  LIMITED  SECURE  LEVEL OF CARE IN A SOCIAL
SERVICES DISTRICT WITH AN APPROVED PLAN TO IMPLEMENT A JUVENILE  JUSTICE
SERVICES CLOSE TO HOME INITIATIVE UNDER SECTION FOUR HUNDRED FOUR OF THE
SOCIAL  SERVICES  LAW,  pursuant to this section after finding that such
[child] RESPONDENT committed a felony, the court may, in its discretion,
further order that such respondent shall be confined  in  a  residential
facility  for  a  minimum  period  set  by  the order, not to exceed six
months.
  S 6. Subdivisions 4 and 5 of section 353.5 of the family court act, as
added by chapter 920 of the laws of 1982, subparagraph (i) of  paragraph
(a)  of  subdivision 4 and subparagraph (i) of paragraph (a) of subdivi-
sion 5 as amended by chapter 419 of the laws of 1987, subparagraph  (iv)
of paragraph (a) of subdivision 4 and subparagraph (iv) of paragraph (a)
of  subdivision  5  as amended by chapter 687 of the laws of 1993, para-
graphs (b) and (d) of subdivision 4 and paragraph (d) of  subdivision  5
as  amended  by  chapter 398 of the laws of 1983, are amended to read as
follows:
  4. When the order is for a restrictive placement  in  the  case  of  a
youth found to have committed a designated class A felony act,
  (a) the order shall provide that:

S. 6257                            45                            A. 9057

  (i)  the  respondent  shall  be  placed  with the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES for an  initial  period  of  five
years.  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.
  (ii)  the  respondent shall initially be confined in a secure facility
for a period set by the order, to be not less than twelve nor more  than
eighteen  months provided, however, where the order of the court is made
in compliance with subdivision five  OF  THIS  SECTION,  the  respondent
shall initially be confined in a secure facility for eighteen months.
  (iii)  after  the  period set under [clause] SUBPARAGRAPH (ii) OF THIS
PARAGRAPH, the respondent shall be placed in a residential facility  for
a period of twelve months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS
BEEN  PLACED FROM A FAMILY COURT IN A SOCIAL SERVICES DISTRICT OPERATING
AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE  PURSUANT
TO  SECTION  FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME
FRAMES IN SUBPARAGRAPH (II) OF THIS PARAGRAPH ARE MET:
  (A) BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL  SERVICES
DISTRICT'S  PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SE-
CURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES  CONCLUDES,
BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
PROTECTION  FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS APPRO-
PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO
PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO
HAVE THE RESPONDENT PLACED WITH THE  APPLICABLE  LOCAL  COMMISSIONER  OF
SOCIAL SERVICES; AND
  (B)  BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL SERVICES
DISTRICT'S PLAN THAT  COVERS  JUVENILE  DELINQUENTS  PLACED  IN  LIMITED
SECURE   SETTINGS,  IF  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
CONCLUDES, BASED ON THE NEEDS AND BEST INTERESTS OF THE  RESPONDENT  AND
THE  NEED FOR PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED
SECURE LEVEL OF CARE IS APPROPRIATE  FOR  THE  RESPONDENT,  SUCH  OFFICE
SHALL  FILE  A  PETITION PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION
TWO OF SECTION 355.1 OF THIS PART TO HAVE THE RESPONDENT PLACED WITH THE
APPLICABLE LOCAL COMMISSIONER OF SOCIAL SERVICES.
  (C) IF THE RESPONDENT IS PLACED WITH THE LOCAL COMMISSIONER OF  SOCIAL
SERVICES  IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH, THE
REMAINDER OF THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO  APPLY  TO
THE RESPONDENT'S PLACEMENT.
  (iv)  the  respondent  may  not  be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided in [clause] SUBPARAGRAPH (ii) of this paragraph,  nor  may  the
respondent  be  released  from  a residential facility during the period
provided in [clause] SUBPARAGRAPH (iii) OF  THIS  PARAGRAPH.    No  home
visits shall be permitted during the period of secure confinement set by
the  court  order  or  one year, whichever is less, except for emergency
visits for medical treatment or severe illness or death in  the  family.
All  home  visits  must be accompanied home visits: (A) while a youth is
confined in a secure facility, whether such confinement is pursuant to a
court order or otherwise; (B) while a youth is confined in a residential
facility other than a secure facility within six months  after  confine-
ment  in a secure facility; and (C) while a youth is confined in a resi-
dential facility other than a secure facility in excess  of  six  months

S. 6257                            46                            A. 9057

after  confinement  in  a  secure  facility  unless two accompanied home
visits have already occurred.  An "accompanied home visit" shall mean  a
home  visit  during  which  the  youth shall be accompanied at all times
while  outside the secure or residential facility by appropriate person-
nel of the [division for youth designated pursuant to regulations of the
director of the division] OFFICE OF CHILDREN AND FAMILY SERVICES OR,  IF
APPLICABLE,  A LOCAL SOCIAL SERVICES DISTRICT WHICH OPERATES AN APPROVED
JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT  TO  SECTION
FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  (b)  Notwithstanding  any  other  provision  of  law, during the first
twelve months of the respondent's placement, no motion, hearing or order
may be made, held or granted pursuant to section 355.1; provided, howev-
er, that during such period a motion to vacate the  order  may  be  made
pursuant  to  [355.1]  SUCH  SECTION, but only upon grounds set forth in
section 440.10 of the criminal procedure law.
  (c) During the placement or any extension thereof:
  (i) after the expiration of the period provided in  [clause]  SUBPARA-
GRAPH  (iii)  of paragraph (a) OF THIS SUBDIVISION, the respondent shall
not be released from a residential facility without the written approval
of the [director of the division for  youth  or  his  designated  deputy
director]  OFFICE  OF  CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A
SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED  FOUR  OF  THE
SOCIAL SERVICES LAW.
  (ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.
  (iii)  the  respondent shall not be discharged from the custody of the
[division for youth] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  OR,  IF
APPLICABLE,  A  SOCIAL  SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
JUSTICE SERVICES CLOSE TO  HOME  INITIATIVE  PURSUANT  TO  SECTION  FOUR
HUNDRED  FOUR OF THE SOCIAL SERVICES LAW, unless a motion therefor under
section 355.1 is granted by the court, which motion shall  not  be  made
prior to the expiration of three years of the placement.
  (iv) unless otherwise specified in the order, the [division] OFFICE OF
CHILDREN  AND  FAMILY  SERVICES  OR,  IF  APPLICABLE,  A SOCIAL SERVICES
DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE  TO  HOME
INITIATIVE  PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES
LAW shall report in writing to the court not less than  once  every  six
months  during  the  placement on the status, adjustment and progress of
the respondent.
  (d) Upon the expiration of the initial period  of  placement,  or  any
extension  thereof,  the  placement  may  be extended in accordance with
section 355.3 on a petition of any party or  the  [division  for  youth]
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, OR, IF APPLICABLE, A SOCIAL
SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES  CLOSE
TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
SERVICES LAW, after a dispositional hearing, for  an  additional  period
not  to  exceed  twelve months, but no initial placement or extension of
placement under this section may continue beyond the respondent's  twen-
ty-first birthday.
  (e)  The  court  may also make an order pursuant to subdivision two of
section 353.4.
  5. When the order is for a restrictive placement  in  the  case  of  a
youth  found  to  have  committed  a designated felony act, other than a
designated class A felony act,
  (a) the order shall provide that:

S. 6257                            47                            A. 9057

  (i) the respondent shall be  placed  with  the  [division  for  youth]
OFFICE  OF  CHILDREN  AND FAMILY SERVICES for an initial period of three
years. 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.
  (ii)  the  respondent shall initially be confined in a secure facility
for a period set by the order, to be not less than  six  nor  more  than
twelve months.
  (iii)  after  the  period set under [clause] SUBPARAGRAPH (ii) OF THIS
PARAGRAPH, the respondent shall be placed in a residential facility  for
a  period set by the order, to be not less than six nor more than twelve
months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS BEEN PLACED FROM A
FAMILY COURT IN A SOCIAL SERVICES DISTRICT OPERATING AN  APPROVED  JUVE-
NILE  JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME FRAMES IN SUBPAR-
AGRAPH (II) OF THIS PARAGRAPH ARE MET:
  (A) BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL  SERVICES
DISTRICT'S  PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SE-
CURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES  CONCLUDES,
BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
PROTECTION  FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS APPRO-
PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO
PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO
HAVE THE RESPONDENT PLACED WITH THE  APPLICABLE  LOCAL  COMMISSIONER  OF
SOCIAL SERVICES; AND
  (B)  BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL SERVICES
DISTRICT'S PLAN TO IMPLEMENT PROGRAMS FOR YOUTH PLACED IN LIMITED SECURE
SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES, BASED
ON THE NEEDS AND BEST INTERESTS OF  THE  RESPONDENT  AND  THE  NEED  FOR
PROTECTION  FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED SECURE LEVEL
OF CARE IS APPROPRIATE FOR THE RESPONDENT,  SUCH  OFFICE  SHALL  FILE  A
PETITION  PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION
355.1 OF THIS PART TO HAVE THE RESPONDENT  PLACED  WITH  THE  APPLICABLE
LOCAL COMMISSIONER OF SOCIAL SERVICES.
  (C)  IF  THE  RESPONDENT IS PLACED WITH A LOCAL COMMISSIONER OF SOCIAL
SERVICES IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH,  THE
REMAINDER  OF  THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO APPLY TO
THE RESPONDENT'S PLACEMENT.
  (iv) the respondent may not be released  from  a  secure  facility  or
transferred to a facility other than a secure facility during the period
provided  by  the  court  pursuant to [clause] SUBPARAGRAPH (ii) OF THIS
PARAGRAPH, nor may the respondent be released from a residential facili-
ty during the period provided by the court pursuant to [clause] SUBPARA-
GRAPH (iii) OF THIS PARAGRAPH.  No home visits shall be permitted during
the period of secure confinement set by the court  order  or  one  year,
whichever  is less, except for emergency visits for medical treatment or
severe illness or death in the family.  All home visits must be accompa-
nied home visits:  (A) while a youth is confined in a  secure  facility,
whether  such confinement is pursuant to a court order or otherwise; (B)
while a youth is confined in a residential facility other than a  secure
facility  within  six months after confinement in a secure facility; and
(C) while a youth is confined in a residential  facility  other  than  a
secure  facility  in  excess of six months after confinement in a secure

S. 6257                            48                            A. 9057

facility unless two accompanied home visits have  already  occurred.  An
"accompanied  home visit" shall mean a home visit during which the youth
shall be accompanied at all times while outside the secure  or  residen-
tial facility by appropriate personnel of the [division for youth desig-
nated pursuant to regulations of the director of the division] OFFICE OF
CHILDREN  AND  FAMILY  SERVICES  OR,  IF  APPLICABLE,  A SOCIAL SERVICES
DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE CLOSE TO HOME INITIATIVE
PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  (b) Notwithstanding any other provision of law, during the  first  six
months of the respondent's placement, no motion, hearing or order may be
made, held or granted pursuant to section 355.1; provided, however, that
during  such period a motion to vacate the order may be made pursuant to
such section, but only upon grounds set forth in section 440.10  of  the
criminal procedure law.
  (c) During the placement or any extension thereof:
  (i)  after  the expiration of the period provided in [clause] SUBPARA-
GRAPH (iii) of paragraph (a) OF THIS SUBDIVISION, the  respondent  shall
not be released from a residential facility without the written approval
of  the  [director  of  the  division for youth or his designated deputy
director] OFFICE OF CHILDREN AND FAMILY SERVICES OR,  IF  APPLICABLE,  A
SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW.
  (ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.
  (iii) the respondent shall not be discharged from the custody  of  the
[division  for  youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES, OR, IF
APPLICABLE, A SOCIAL SERVICES DISTRICT OPERATING  AN  APPROVED  JUVENILE
JUSTICE  SERVICES  CLOSE  TO  HOME  INITIATIVE  PURSUANT TO SECTION FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  (iv) unless otherwise specified in the order, the [division] OFFICE OF
CHILDREN AND FAMILY  SERVICES  OR,  IF  APPLICABLE,  A  SOCIAL  SERVICES
DISTRICT  OPERATING  AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME
INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL  SERVICES
LAW,  shall  report in writing to the court not less than once every six
months during the placement on the status, adjustment  and  progress  of
the respondent.
  (d)  Upon  the  expiration  of  the initial period of placement or any
extension thereof, the placement may  be  extended  in  accordance  with
section  355.3  upon  petition  of any party or the [division for youth]
OFFICE OF CHILDREN AND FAMILY  SERVICES  OR,  IF  APPLICABLE,  A  SOCIAL
SERVICES  DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE  SOCIAL
SERVICES  LAW,  after  a dispositional hearing, for an additional period
not to exceed twelve months, but no initial placement  or  extension  of
placement  under this section may continue beyond the respondent's twen-
ty-first birthday.
  (e) The court may also make an order pursuant to  subdivision  two  of
section 353.4.
  S  7. Subdivision 8 of section 353.5 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  8. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OR,
IF APPLICABLE, THE SOCIAL SERVICES DISTRICT OPERATING AN APPROVED  CLOSE
TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
SERVICES LAW, shall retain the power to continue the confinement of  the

S. 6257                            49                            A. 9057

youth  in  a secure or other residential facility, AS APPLICABLE, beyond
the periods specified by the court, within the term of the placement.
  S  8. Subdivision 2 of section 355.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  2. An order issued under section 353.3,  may,  upon  a  showing  of  a
substantial  change of circumstances, be set aside, modified, vacated or
terminated upon motion of the commissioner of  social  services  or  the
[division  for  youth]  OFFICE OF CHILDREN AND FAMILY SERVICES with whom
the respondent has been placed.
  (A)(I) FOR A SOCIAL SERVICES DISTRICT THAT ONLY HAS AN  APPROVED  PLAN
TO  IMPLEMENT  PROGRAMS  FOR  JUVENILE  DELINQUENTS PLACED IN NON-SECURE
SETTINGS AS PART OF AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO  HOME
INITIATIVE  PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES
LAW, BEGINNING ON THE EFFECTIVE DATE  OF  THAT  PLAN,  IF  THE  DISTRICT
DETERMINES  THAT A HIGHER LEVEL OF PLACEMENT IS APPROPRIATE AND CONSIST-
ENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS AND BEST
INTERESTS OF THE RESPONDENT PLACED INTO ITS CARE,  THE  SOCIAL  SERVICES
DISTRICT SHALL FILE A PETITION TO TRANSFER THE CUSTODY OF THE RESPONDENT
TO  THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND SHALL PROVIDE A COPY
OF SUCH PETITION TO SUCH OFFICE.  THE  COURT  SHALL  RENDER  A  DECISION
WHETHER  THE  JUVENILE  DELINQUENT  SHOULD  BE TRANSFERRED TO THE OFFICE
WITHIN SEVENTY-TWO HOURS, EXCLUDING WEEKENDS AND  PUBLIC  HOLIDAYS.  THE
FAMILY  COURT  SHALL,  AFTER  ALLOWING THE OFFICE OF CHILDREN AND FAMILY
SERVICES AN OPPORTUNITY TO BE HEARD, GRANT SUCH A PETITION ONLY  IF  THE
COURT  DETERMINES,  AND  STATES  IN ITS WRITTEN ORDER, THE REASONS WHY A
LIMITED SECURE OR SECURE LEVEL OF PLACEMENT IS NECESSARY AND  CONSISTENT
WITH  THE  NEEDS  AND  BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
PROTECTION OF THE COMMUNITY.
  (II) FOR A SOCIAL SERVICES DISTRICT WITH AN APPROVED PLAN OR  APPROVED
PLANS THAT COVER JUVENILE DELINQUENTS PLACED IN NON-SECURE AND IN LIMIT-
ED  SECURE  SETTINGS  AS  PART  OF AN APPROVED JUVENILE JUSTICE SERVICES
CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED  FOUR  OF  THE
SOCIAL  SERVICES  LAW,  BEGINNING ON THE EFFECTIVE DATE OF THE PLAN THAT
COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE  SETTINGS,  IF  THE
DISTRICT  DETERMINES THAT A SECURE LEVEL OF PLACEMENT IS APPROPRIATE AND
CONSISTENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY AND  THE  NEEDS
AND  BEST  INTERESTS  OF THE RESPONDENT PLACED INTO ITS CARE, THE SOCIAL
SERVICES DISTRICT SHALL FILE A PETITION TO TRANSFER THE CUSTODY  OF  THE
RESPONDENT  TO  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, AND SHALL
PROVIDE A COPY OF SUCH PETITION TO SUCH OFFICE. THE COURT SHALL RENDER A
DECISION WHETHER THE YOUTH  SHOULD  BE  TRANSFERRED  WITHIN  SEVENTY-TWO
HOURS,  EXCLUDING  WEEKENDS AND PUBLIC HOLIDAYS. THE FAMILY COURT SHALL,
AFTER ALLOWING THE OFFICE OF CHILDREN AND FAMILY SERVICES AN OPPORTUNITY
TO BE HEARD, GRANT SUCH A PETITION ONLY IF  THE  COURT  DETERMINES,  AND
STATES  IN  ITS  WRITTEN  ORDER,  THAT THE YOUTH NEEDS A SECURE LEVEL OF
PLACEMENT BECAUSE:
  (A) THE RESPONDENT HAS BEEN SHOWN TO  BE  EXCEPTIONALLY  DANGEROUS  TO
HIMSELF OR HERSELF OR TO OTHER PERSONS. EXCEPTIONALLY DANGEROUS BEHAVIOR
MAY  INCLUDE,  BUT  IS  NOT  LIMITED TO, ONE OR MORE SERIOUS INTENTIONAL
ASSAULTS, SEXUAL ASSAULTS OR SETTING FIRES; OR,
  (B) THE RESPONDENT HAS DEMONSTRATED BY A PATTERN OF BEHAVIOR  THAT  HE
OR  SHE NEEDS A MORE STRUCTURED SETTING AND THE SOCIAL SERVICES DISTRICT
HAS CONSIDERED THE APPROPRIATENESS AND AVAILABILITY OF A TRANSFER TO  AN
ALTERNATIVE  NON-SECURE  OR  LIMITED  SECURE FACILITY. SUCH BEHAVIOR MAY
INCLUDE, BUT IS  NOT  LIMITED  TO:  DISRUPTIONS  IN  FACILITY  PROGRAMS;

S. 6257                            50                            A. 9057

CONTINUOUSLY AND MALICIOUSLY DESTROYING PROPERTY; OR, REPEATEDLY COMMIT-
TING OR INCITING OTHER YOUTH TO COMMIT ASSAULTIVE OR DESTRUCTIVE ACTS.
  (III)  THE  COURT  MAY  ORDER THAT THE RESPONDENT BE HOUSED IN A LOCAL
SECURE DETENTION FACILITY ON AN INTERIM BASIS PENDING ITS  FINAL  RULING
ON THE PETITION FILED PURSUANT TO THIS PARAGRAPH.
  (B) THE FOLLOWING PROVISIONS SHALL APPLY IF THE OFFICE OF CHILDREN AND
FAMILY  SERVICES  FILES  A  PETITION  WITH  A  FAMILY  COURT IN A SOCIAL
SERVICES DISTRICT WITH AN APPROVED JUVENILE JUSTICE  SERVICES  CLOSE  TO
HOME  INITIATIVE  PURSUANT  TO  SECTION  FOUR HUNDRED FOUR OF THE SOCIAL
SERVICES LAW TO TRANSFER, WITHIN THE FIRST NINETY DAYS THAT SUCH PLAN IS
EFFECTIVE, TO SUCH DISTRICT A RESPONDENT PLACED  IN  THE  OFFICE'S  CARE
PURSUANT TO EITHER SECTION 353.3 OR 353. 5 OF THIS PART:
  (I)  IF  THE  DISTRICT  ONLY HAS AN APPROVED PLAN THAT COVERS JUVENILE
DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL  GRANT
SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY FOR THE RESPOND-
ENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT NEEDS TO BE
PLACED  IN A LIMITED SECURE OR SECURE SETTING OR THE FAMILY COURT DETER-
MINES THAT THERE IS INSUFFICIENT INFORMATION IN THE  PETITION  TO  GRANT
THE  TRANSFER  WITHOUT A HEARING. THE FAMILY COURT SHALL GRANT THE PETI-
TION UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN  ORDER,  THE
REASONS  WHY  A  SECURE  OR  LIMITED  SECURE  PLACEMENT IS NECESSARY AND
CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT  AND  THE
NEED FOR PROTECTION OF THE COMMUNITY.
  (II) IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER
JUVENILE   DELINQUENTS  PLACED  IN  NON-SECURE  AND  IN  LIMITED  SECURE
SETTINGS, FOR THE FIRST NINETY DAYS THAT THE PLAN THAT  COVERS  JUVENILE
DELINQUENTS  IN  LIMITED  SECURE SETTINGS IS EFFECTIVE, THE FAMILY COURT
SHALL GRANT SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY  FOR
THE  RESPONDENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT
NEEDS TO BE PLACED IN A SECURE SETTING OR THE  FAMILY  COURT  DETERMINES
THAT  THERE  IS  INSUFFICIENT  INFORMATION  IN THE PETITION TO GRANT THE
TRANSFER WITHOUT A HEARING. THE FAMILY COURT SHALL  GRANT  THE  PETITION
UNLESS  THE  COURT  DETERMINES,  AND  STATES  IN  ITS WRITTEN ORDER, THE
REASONS WHY A SECURE PLACEMENT IS  NECESSARY  AND  CONSISTENT  WITH  THE
NEEDS  AND  BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR PROTECTION
OF THE COMMUNITY.
  (III) BEGINNING NINETY-ONE DAYS AFTER  THE  EFFECTIVE  DATE  A  SOCIAL
SERVICES  DISTRICT'S  PLAN  TO  IMPLEMENT  PROGRAMS FOR JUVENILE JUSTICE
SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED  FOUR
OF  THE  SOCIAL  SERVICES  LAW,  IF  THE  OFFICE  OF CHILDREN AND FAMILY
SERVICES FILES A PETITION TO TRANSFER  TO  SUCH  DISTRICT  A  RESPONDENT
PLACED IN THE OFFICE'S CARE PURSUANT TO EITHER SECTION 353.3 OR 353.5 OF
THIS  PART  FROM  A FAMILY COURT IN SUCH A SOCIAL SERVICES DISTRICT, THE
OFFICE SHALL PROVIDE A COPY OF  THE  PETITION  TO  THE  SOCIAL  SERVICES
DISTRICT AND THE PRESENTMENT AGENCY.
  (A)  IF  THE  DISTRICT  ONLY HAS AN APPROVED PLAN THAT COVERS JUVENILE
DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL, AFTER
ALLOWING THE SOCIAL SERVICES DISTRICT  AND  THE  PRESENTMENT  AGENCY  AN
OPPORTUNITY TO BE HEARD, GRANT A PETITION FILED PURSUANT TO THIS SUBPAR-
AGRAPH UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE
REASONS  WHY  A  SECURE  OR  LIMITED  SECURE  PLACEMENT IS NECESSARY AND
CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT  AND  THE
NEED FOR PROTECTION OF THE COMMUNITY.
  (B)  IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER
JUVENILE DELINQUENTS PLACED IN NON-SECURE AND LIMITED  SECURE  SETTINGS,
BEGINNING  NINETY-ONE  DAYS  AFTER  THE  EFFECTIVE DATE OF THE PLAN THAT

S. 6257                            51                            A. 9057

COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, THE FAMI-
LY COURT, AFTER ALLOWING THE SOCIAL SERVICES DISTRICT AND  THE  PRESENT-
MENT  AGENCY  AN  OPPORTUNITY  TO BE HEARD, SHALL GRANT A PETITION FILED
PURSUANT  TO  THIS SUBPARAGRAPH, UNLESS THE COURT DETERMINES, AND STATES
IN ITS WRITTEN ORDER, THE REASONS WHY A SECURE  PLACEMENT  IS  NECESSARY
AND  CONSISTENT  WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
THE NEED FOR PROTECTION OF THE COMMUNITY.
  S 9. Subdivision 1 of section 355.5 of the family court act, as  added
by chapter 7 of the laws of 1999, is amended to read as follows:
  1.  For  the  purposes  of this section the term "non-secure facility"
means a facility operated by an authorized agency in accordance with  an
operating  certificate  issued  pursuant to the social services law or a
facility[, not including a secure or limited secure  facility,]  with  a
capacity  of twenty-five beds or less operated by the office of children
and family services in accordance with section five hundred four of  the
executive  law.  THE TERM SHALL NOT INCLUDE A LIMITED SECURE OR A SECURE
FACILITY OPERATED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  OR  A
LIMITED  SECURE  FACILITY WITHIN A SOCIAL SERVICES DISTRICT OPERATING AN
APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT  TO
SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  S  10. Notwithstanding any other provision of law to the contrary, the
state shall be authorized to lease to the city of New York, for a dollar
a year, any real property utilized for the care, maintenance and  super-
vision  of adjudicated juvenile delinquents for use by a social services
district pursuant to an approved plan for a  juvenile  justice  services
close  to  home  initiative  for the purpose of carrying out any powers,
functions or duties described in section four hundred four of the social
services law, or any other provision of this act. The city of  New  York
shall  be  responsible  for  the all costs associated with operating and
maintaining such real property other than any debt  services  costs  for
such property that were in existence when the lease was executed. Appli-
cable  state  officials  shall be authorized to make announced and unan-
nounced inspections of the property to determine  whether  it  is  being
maintained  in  an  appropriate  manner.  The  city of New York shall be
responsible for making any repairs to such leased property necessary  to
maintain  the  property  in at least as good as condition as it was when
the property was first leased to the city, allowing for normal wear  and
tear, and shall return the property to the state, when the lease ends or
is  terminated, in the same or better condition than the property was in
at the time the lease was first executed, aside  from  normal  wear  and
tear.    The city of New York shall obtain prior approval from the state
for any major renovations to any such leased property.  The  leasing  to
the  social  services  district or the subleasing, design, construction,
reconstruction, improvement,  rehabilitation,  maintaining,  furnishing,
repairing,  equipping or use of any such facility by the social services
district for the care, maintenance and supervision of adjudicated  juve-
nile  delinquents shall not be subject to the provisions of any general,
special or local law, city charter, administrative  code,  ordinance  or
resolution  governing uniform land use review procedures, any other land
use planning review and  approvals,  historic  preservation  procedures,
architectural  reviews,  franchise  approvals  and  other state or local
review and approval  procedures  governing  the  use  of  land  and  the
improvements thereon within the city.
  S  11.  This  act  shall take effect April 1, 2012 and shall expire on
March 31, 2018 when upon such date the provisions of this act  shall  be
deemed  repealed;  provided,  however,  that  effective immediately, the

S. 6257                            52                            A. 9057

addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective  date;
provided,  however,  upon  the  repeal  of  this  act, a social services
district that has custody  of  a  juvenile  delinquent  pursuant  to  an
approved juvenile justice services close to home initiative shall retain
custody  of such juvenile delinquent until custody may be legally trans-
ferred in an orderly fashion  to  the  office  of  children  and  family
services.

                                SUBPART B

  Section 1. Section 398 of the social services law is amended by adding
a new subdivision 3-a to read as follows:
  3-A. AS TO DELINQUENT CHILDREN:
  (A)(1)  CONDITIONALLY  RELEASE ANY JUVENILE DELINQUENT PLACED WITH THE
DISTRICT TO  AFTERCARE  WHENEVER  THE  DISTRICT  DETERMINES  CONDITIONAL
RELEASE TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF SUCH JUVE-
NILE DELINQUENT, THAT SUITABLE CARE AND SUPERVISION CAN BE PROVIDED, AND
THAT THERE IS A REASONABLE PROBABILITY THAT SUCH JUVENILE DELINQUENT CAN
BE  CONDITIONALLY  RELEASED WITHOUT ENDANGERING PUBLIC SAFETY; PROVIDED,
HOWEVER, THAT SUCH CONDITIONAL RELEASE SHALL BE MADE IN ACCORDANCE  WITH
THE  REGULATIONS  OF  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, AND
PROVIDED FURTHER THAT NO JUVENILE DELINQUENT WHILE ABSENT FROM A FACILI-
TY OR PROGRAM WITHOUT THE CONSENT OF THE DIRECTOR OF  SUCH  FACILITY  OR
PROGRAM SHALL BE CONDITIONALLY RELEASED BY THE DISTRICT SOLELY BY REASON
OF THE ABSENCE.
  (2) IT SHALL BE A CONDITION OF SUCH RELEASE THAT A JUVENILE DELINQUENT
SO  RELEASED  SHALL  CONTINUE  TO  BE  THE  RESPONSIBILITY OF THE SOCIAL
SERVICES DISTRICT FOR THE PERIOD PROVIDED IN THE ORDER OF PLACEMENT.
  (3) THE SOCIAL SERVICES DISTRICT MAY PROVIDE  CLOTHING,  SERVICES  AND
OTHER NECESSITIES FOR ANY CONDITIONALLY RELEASED JUVENILE DELINQUENT, AS
MAY  BE  REQUIRED,  INCLUDING  MEDICAL CARE AND SERVICES NOT PROVIDED TO
SUCH JUVENILE DELINQUENT AS MEDICAL ASSISTANCE FOR NEEDY PERSONS  PURSU-
ANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER.
  (4)  THE  SOCIAL SERVICES DISTRICT, PURSUANT TO THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES, MAY CAUSE A JUVENILE  DELINQUENT
TO BE RETURNED TO A FACILITY OPERATED AND MAINTAINED BY THE DISTRICT, OR
AN AUTHORIZED AGENCY UNDER CONTRACT WITH THE DISTRICT, AT ANY TIME WITH-
IN THE PERIOD OF PLACEMENT, WHERE THERE IS A VIOLATION OF THE CONDITIONS
OF RELEASE OR A CHANGE OF CIRCUMSTANCES.
  (5)  JUVENILE  DELINQUENTS CONDITIONALLY RELEASED BY A SOCIAL SERVICES
DISTRICT MAY BE PROVIDED FOR AS FOLLOWS:
  (I) IF, IN THE OPINION OF THE SOCIAL SERVICES DISTRICT,  THERE  IS  NO
SUITABLE  PARENT, RELATIVE OR GUARDIAN TO WHOM A JUVENILE DELINQUENT CAN
BE  CONDITIONALLY  RELEASED,  AND  SUITABLE  CARE  CANNOT  OTHERWISE  BE
SECURED, THE DISTRICT MAY CONDITIONALLY RELEASE SUCH JUVENILE DELINQUENT
TO THE CARE OF ANY OTHER SUITABLE PERSON.
  (II)  IF  A  CONDITIONALLY  RELEASED JUVENILE DELINQUENT IS SUBJECT TO
ARTICLE SIXTY-FIVE OF THE EDUCATION LAW OR ELECTS TO PARTICIPATE  IN  AN
EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA, HE OR SHE SHALL BE
ENROLLED  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 A CONDI-
TIONALLY  RELEASED  JUVENILE  DELINQUENT  IS  NOT  SUBJECT  TO   ARTICLE
SIXTY-FIVE OF THE EDUCATION LAW, AND DOES NOT ELECT TO PARTICIPATE IN AN

S. 6257                            53                            A. 9057

EDUCATIONAL  PROGRAM  LEADING  TO  A HIGH SCHOOL DIPLOMA, STEPS SHALL BE
TAKEN, TO THE EXTENT POSSIBLE, TO FACILITATE HIS OR HER GAINFUL  EMPLOY-
MENT OR ENROLLMENT IN A VOCATIONAL PROGRAM FOLLOWING RELEASE.
  (B)  WHEN  A  JUVENILE  DELINQUENT  PLACED  WITH  THE  SOCIAL SERVICES
DISTRICT IS ABSENT FROM PLACEMENT WITHOUT CONSENT,  SUCH  ABSENCE  SHALL
INTERRUPT  THE CALCULATION OF TIME FOR HIS OR HER PLACEMENT. SUCH INTER-
RUPTION SHALL CONTINUE UNTIL SUCH JUVENILE  DELINQUENT  RETURNS  TO  THE
FACILITY  OR  AUTHORIZED AGENCY IN WHICH HE OR SHE WAS PLACED. PROVIDED,
HOWEVER, THAT ANY TIME SPENT BY A JUVENILE DELINQUENT  IN  CUSTODY  FROM
THE  DATE  OF  ABSENCE  TO  THE DATE PLACEMENT RESUMES SHALL BE CREDITED
AGAINST THE TIME OF SUCH PLACEMENT PROVIDED THAT SUCH CUSTODY:
  (1) WAS DUE TO AN ARREST OR SURRENDER BASED UPON THE ABSENCE; OR
  (2) AROSE FROM AN ARREST OR SURRENDER ON ANOTHER CHARGE WHICH DID  NOT
CULMINATE IN A CONVICTION, ADJUDICATION OR ADJUSTMENT.
  (C) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS SECTION, NO JUVENILE
DELINQUENT  PLACED WITH A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED
JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT  TO  SECTION
FOUR  HUNDRED  FOUR  OF THIS CHAPTER PURSUANT TO A RESTRICTIVE PLACEMENT
UNDER THE FAMILY COURT ACT SHALL BE RELEASED EXCEPT PURSUANT TO  SECTION
353.5 OF THE FAMILY COURT ACT.
  S  2. Section 351.1 of the family court act is amended by adding a new
subdivision 2-b to read as follows:
  2-B.  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP A  VALI-
DATED  PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESS-
MENT PROCESS FOR JUVENILE DELINQUENTS.  THE DIVISION SHALL  PERIODICALLY
REVALIDATE  ANY  APPROVED  PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT.
THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONSPICUOUSLY  POST  ANY
APPROVED  PRE-DISPOSITIONAL  RISK  ASSESSMENT  INSTRUMENT  AND  ANY RISK
ASSESSMENT PROCESS ON ITS WEBSITE  AND  SHALL  CONFER  WITH  APPROPRIATE
STAKEHOLDERS,  INCLUDING  BUT  NOT  LIMITED  TO, ATTORNEYS FOR CHILDREN,
PRESENTMENT AGENCIES, PROBATION AND THE FAMILY COURT, PRIOR TO  REVISING
ANY  VALIDATED  PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT OR PROCESS.
ANY SUCH REVISED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT  SHALL  BE
SUBJECT  TO  PERIODIC  EMPIRICAL  VALIDATION.   THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL PROVIDE TRAINING ON THE INSTRUMENT AND ANY  PROC-
ESS TO THE FAMILY COURTS, LOCAL PROBATION DEPARTMENTS, PRESENTMENT AGEN-
CIES  AND  COURT  APPOINTED  ATTORNEYS FOR RESPONDENTS. THE DIVISION MAY
DETERMINE THAT A PRE-DISPOSITIONAL RISK ASSESSMENT  INSTRUMENT  AND  ANY
PROCESS  IN  USE  PURSUANT TO SUBDIVISION TWO-A OF SECTION 351.1 OF THIS
PART MAY CONTINUE TO BE USED PURSUANT TO  SUCH  SUBDIVISION  INSTEAD  OF
REQUIRING  THE  USE  OF  ANY INSTRUMENT OR PROCESS DEVELOPED PURSUANT TO
THIS SUBDIVISION.
  (A) ONCE AN INITIAL VALIDATED  RISK  ASSESSMENT  INSTRUMENT  AND  RISK
ASSESSMENT PROCESS HAVE BEEN DEVELOPED, THE DIVISION OF CRIMINAL JUSTICE
SERVICES  SHALL  PROVIDE  THE  SUPERVISING FAMILY COURT JUDGES AND LOCAL
PROBATION DEPARTMENTS WITH  COPIES  OF  THE  VALIDATED  RISK  ASSESSMENT
INSTRUMENT  AND  PROCESS  AND  NOTIFY  THEM OF THE EFFECTIVE DATE OF THE
INSTRUMENT AND PROCESS, WHICH SHALL BE AT LEAST SIX  MONTHS  AFTER  SUCH
NOTIFICATION.
  (B)  COMMENCING  ON  THE EFFECTIVE DATE OF A VALIDATED RISK ASSESSMENT
INSTRUMENT  AND  ANY  RISK  ASSESSMENT  PROCESS  AND  THEREAFTER,   EACH
PROBATION  INVESTIGATION  ORDERED  UNDER SUBDIVISION TWO OF THIS SECTION
SHALL INCLUDE THE RESULTS  OF  THE  VALIDATED  RISK  ASSESSMENT  OF  THE
RESPONDENT  AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED IN
ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS
RECEIVED AND GIVEN DUE CONSIDERATION TO THE RESULTS  OF  SUCH  VALIDATED

S. 6257                            54                            A. 9057

RISK  ASSESSMENT AND ANY PROCESS AND MADE THE FINDINGS REQUIRED PURSUANT
TO PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION 352.2 OF THIS PART.
  (C)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA
NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT  INSTRU-
MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION
ADMINISTRATIONS,  DETENTION  PROVIDERS,  PRESENTMENT  AGENCIES  AND  THE
ATTORNEY FOR THE CHILD UPON RETENTION  OR  APPOINTMENT  SOLELY  FOR  THE
PURPOSE OF ACCURATE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT, AND A
COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL
BE MADE AVAILABLE TO THE APPLICABLE COURT.
  (D) LOCAL PROBATION DEPARTMENTS SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH INFORMATION REGARDING USE OF THE PRE-DISPOSITIONAL
RISK  ASSESSMENT  INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN THE TIME
AND MANNER REQUIRED BY THE DIVISION. THE DIVISION MAY REQUIRE THAT  SUCH
DATA  BE  SUBMITTED  TO  THE DIVISION ELECTRONICALLY. THE DIVISION SHALL
SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 3. Subdivision 2 of section 352.2 of the family court act is amended
by adding a new paragraph (g) to read as follows:
  (G)(I) ONCE A  VALIDATED  RISK  ASSESSMENT  INSTRUMENT  AND  ANY  RISK
ASSESSMENT  PROCESS  IS  A REQUIRED PART OF EACH PROBATION INVESTIGATION
ORDERED UNDER SUBDIVISION TWO OF SECTION 351.1 OF THIS PART AND PROVIDED
TO THE COURT IN ACCORDANCE WITH SUBDIVISION TWO-B OF SUCH  SECTION,  THE
COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED RISK
ASSESSMENT  AND ANY SUCH PROCESS WHEN DETERMINING THE APPROPRIATE DISPO-
SITION FOR THE RESPONDENT.
  (II) ANY ORDER OF THE COURT DIRECTING THE PLACEMENT  OF  A  RESPONDENT
INTO A RESIDENTIAL PROGRAM SHALL STATE:
  (A) THE LEVEL OF RISK THE YOUTH WAS ASSESSED PURSUANT TO THE VALIDATED
RISK ASSESSMENT INSTRUMENT; AND
  (B)  IF  A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL OF
PLACEMENT THAN APPEARS WARRANTED BASED ON SUCH RISK  ASSESSMENT  INSTRU-
MENT  AND  ANY  RISK ASSESSMENT PROCESS, THE PARTICULAR REASONS WHY SUCH
PLACEMENT WAS DETERMINED TO BE  NECESSARY  FOR  THE  PROTECTION  OF  THE
COMMUNITY  AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE
RESPONDENT; AND
  (C) THAT A LESS RESTRICTIVE ALTERNATIVE THAT WOULD BE CONSISTENT  WITH
THE  NEEDS  AND  BEST  INTERESTS  OF  THE  RESPONDENT  AND  THE NEED FOR
PROTECTION OF THE COMMUNITY IS NOT AVAILABLE.
  S 4. The opening paragraph of subdivision 2 of 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:
  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 agen-
cies, including, if] AND the court finds that the respondent is a  sexu-
ally  exploited  child  as  defined  in  subdivision one of section four
hundred forty-seven-a of the social  services  law[,]  AND  PLACES  SUCH
RESPONDENT  IN  an  available  long-term safe house. Unless the disposi-
tional order provides otherwise, the court so  directing  shall  include
one of the following alternatives to apply in the event that the commis-
sioner is unable to so place the respondent:
  S  5.  The  opening paragraph of subdivision 3 of 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:
   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

S. 6257                            55                            A. 9057

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[,] AND PLACES SUCH RESPONDENT IN an available long-
term safe house pursuant to subdivision four of this section,  authorize
the office to do one of the following:
  S  6.  Subdivision  4  of  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:
  4.  Where  the  respondent  is  placed with the office of children and
family services, AND IF THE COURT FINDS THAT THE RESPONDENT IS A SEXUAL-
LY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES  LAW,  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,] IN 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 agen-
cy], 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 notify 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 place-
ment.]
  S 7. Subdivisions 1 and 2 of section 355.4 of the family court act, as
added by chapter 479 of the  laws  of  1992,  are  amended  to  read  as
follows:
  1.  At  the  conclusion  of the dispositional hearing pursuant to this
article, where the respondent is to be placed  with  the  [division  for
youth]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES OR A SOCIAL SERVICES
DISTRICT, the court shall inquire as to whether  the  parents  or  legal
guardian  of  the  youth,  if  present,  will consent for the [division]
OFFICE OR THE DISTRICT to provide routine  medical,  dental  and  mental
health services and treatment.
  2.  Notwithstanding  subdivision  one of this section, where the court
places a youth  with  the  [division]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  OR  A SOCIAL SERVICES DISTRICT pursuant to this article and no
medical consent has been obtained prior to an order of disposition,  the
placement  order  shall be deemed to grant consent for the [division for
youth] OFFICE OR THE DISTRICT to provide for routine medical, dental and
mental health services and treatment to such youth so placed.
  S 8. This act shall take effect April 1, 2012; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.
  S 3. 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

S. 6257                            56                            A. 9057

the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S  4.  This act shall take effect immediately; provided, however, that
the applicable effective date of subparts A and B of this act  shall  be
as specifically set forth in the last section of such subparts.

                                 PART H

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part I of
chapter 60 of the laws of 2011, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2012] 2013, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the New York state higher education matching grant program for inde-
pendent colleges, as amended by section 2 of part M of chapter 59 of the
laws of 2010, is amended to read as follows:
  (h) If a college did not apply for a  potential  grant  by  March  31,
2009,  funds associated with such potential grant shall be awarded, on a
competitive basis, to other colleges, according to  the  priorities  set
forth  below. Colleges shall be eligible to apply for unutilized grants.
In such cases, the following priorities  shall  apply:  first,  priority
shall be given to otherwise eligible colleges that either were, or would
have  been,  deemed  ineligible for the program prior to March 31, 2009,
due to missed deadlines, insufficient matching funds, lack  of  accredi-
tation  or  other disqualifying reasons; and second, after the board has
acted upon all such first-priority applications for unused funds, if any
such funds remain, those funds shall be available  for  distribution  to
eligible  colleges that are located within the same Regents of the State
of New York region for which such funds were originally allocated.   The
dormitory  authority  shall develop a request for proposals and applica-
tion process, in consultation with the board, for such grants and  shall
develop  criteria,  subject  to review by the board, for the awarding of
such grants. Such  criteria  shall  incorporate  the  matching  criteria
contained  in  paragraph  (c)  of  this subdivision, and the application
criteria set forth in paragraph (e) of this subdivision.  The  dormitory
authority  shall require all applications in response to the request for
proposals to be submitted by September 1, [2010]  2012,  and  the  board
shall  act  on  each application for such matching grants by November 1,
[2010] 2012.

S. 6257                            57                            A. 9057

  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the  2005-2006
state  fiscal  year,  relating  to  the  New York state higher education
matching grant program for independent colleges, as amended by section 2
of  part  I  of  chapter  60  of the laws of 2011, is amended to read as
follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59  of  the  laws  of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er  education  capital  matching  grants,  the director of the budget is
authorized in any state fiscal year commencing  April  1,  2005  or  any
state  fiscal  year  thereafter  for a period ending on March 31, [2012]
2014, to enter into one or more service contracts, none of  which  shall
exceed  30  years  in  duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
  S 4. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the New York state higher education matching grant program for inde-
pendent colleges, as amended by section 3 of part I of chapter 60 of the
laws of 2011, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2012]
2013,  on  the use of funding received and its programmatic and economic
impact. The dormitory authority shall submit  a  report  no  later  than
November  1, [2012] 2013 to the board, the governor, the director of the
budget, the temporary president of the senate, and the  speaker  of  the
assembly  on the aggregate impact of the higher education capital match-
ing grant program. Such report shall provide information on the progress
and economic impact of such project.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART I

  Section  1.  Section  5704  of the education law is amended to read as
follows:
  S 5704. Trustees shall make reports; university subject to  visitation
of  regents;  SERVICES  FOR  STATE  AGENCIES.    1. The trustees of said
university shall make all the reports and perform such other acts as may
be necessary to conform to the act of congress, entitled "An act  donat-
ing public lands to the several states and territories which may provide
colleges for the benefit of agriculture and the mechanic arts," approved
July  second,  eighteen  hundred sixty-two. The said university shall be
subject to visitation of the regents of the university.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  AND
SUBJECT TO THE REVIEW OF THE STATE COMPTROLLER, THE STATE MAY ENTER INTO
AN  AGREEMENT  WITH  THE  UNIVERSITY  PRESCRIBING  THE GENERAL TERMS AND
CONDITIONS FOR PROVIDING SERVICES OR TECHNICAL  ASSISTANCE  PURSUANT  TO
ARTICLE  ELEVEN  OF THE STATE FINANCE LAW OR PROGRAM ACTIVITIES PURSUANT
TO ARTICLE ELEVEN-B OF THE STATE FINANCE LAW. SUBJECT TO SUCH TERMS  AND
CONDITIONS, STATE AGENCIES MAY ENTER INTO AGREEMENTS WITH SAID UNIVERSI-
TY  FOR THE PROVISION OF SUCH SERVICES, ASSISTANCE OR ACTIVITIES RELATED

S. 6257                            58                            A. 9057

TO THE UNIVERSITY'S LAND GRANT MISSION, WHICH AGREEMENTS  SHALL  NOT  BE
SUBJECT TO THE REQUIREMENTS OF THE STATE FINANCE LAW.
  S 2. This act shall take effect immediately.

                                 PART J

  Section  1.    Subdivision  4 of section 4410 of the education law, as
added by chapter 243 of the laws of 1989,  paragraph  a  as  amended  by
chapter  705  of the laws of 1992, paragraph c as amended by chapter 474
of the laws of 1996 and paragraphs d and e as amended by chapter 520  of
the laws of 1993, is amended to read as follows:
  4.  Evaluations.  a.  The  board  shall  identify each preschool child
suspected of having a [handicapping condition]  DISABILITY  who  resides
within  the district and, upon referral to the committee shall, with the
consent of  the  parent,  provide  for  an  evaluation  related  to  the
suspected disability of the child. The board shall make such identifica-
tion in accordance with regulations of the commissioner.
  b. Each board shall, within time limits established by the commission-
er,  be  responsible  for  providing  the  parent  of  a preschool child
suspected of having a [handicapping condition] DISABILITY with a list of
approved evaluators in the geographic area.  The parent may  select  the
evaluator  from  such list.  PROVIDED HOWEVER THAT, FOR THE TWO THOUSAND
TWELVE  --  TWO  THOUSAND  THIRTEEN  SCHOOL  YEAR  AND   THEREAFTER,   A
LESS-THAN-ARM'S-LENGTH  RELATIONSHIP  SHALL NOT EXIST BETWEEN THE EVALU-
ATOR SELECTED BY THE PARENT FROM SUCH LIST AND THE PROVIDER  RECOMMENDED
BY THE BOARD TO DELIVER SERVICES TO THE PRESCHOOL CHILD WITH A DISABILI-
TY, UNLESS APPROVAL OF THE COMMISSIONER IS OBTAINED OR FOR THE TWO THOU-
SAND TWELVE -- TWO THOUSAND THIRTEEN SCHOOL YEAR THE PRESCHOOL CHILD WAS
ENROLLED  IN  SUCH  PROGRAM  IN THE PRIOR YEAR.   PROVIDED FURTHER THAT,
UNLESS AUTHORIZED BY THE COMMISSIONER UPON A FINDING THAT THE BOARD  HAS
DEMONSTRATED THAT THE PROGRAM OFFERED BY THE PROVIDER IS THE ONLY APPRO-
PRIATE  PROGRAM  AVAILABLE  TO  PROVIDE THE PROGRAMS AND SERVICES RECOM-
MENDED IN THE CHILD'S INDIVIDUALIZED EDUCATION  PROGRAM,  THE  EVALUATOR
SELECTED  BY  THE  PARENT FROM SUCH LIST AND THE PROVIDER RECOMMENDED BY
THE BOARD TO DELIVER SERVICES TO SUCH PRESCHOOL CHILD WITH A  DISABILITY
SHALL NOT BE THE SAME ENTITY. Each board shall provide for dissemination
of  the  list  and  other  information  to  parents at appropriate sites
including but not limited to  pre-kindergarten,  day  care,  head  start
programs  and early childhood direction centers, pursuant to regulations
of the commissioner.
  c. The documentation of the evaluation shall  include  all  assessment
reports and a summary report of the findings of the evaluation on a form
prescribed  by  the  commissioner  including a detailed statement of the
preschool child's individual needs. The summary report  shall  not  make
reference  to  any specific provider of special services or programs. In
addition, with the consent of  the  parents,  approved  evaluators  THAT
CONDUCT  AN EVALUATION PURSUANT TO THIS SUBDIVISION and committees shall
be provided with the most recent evaluation report for a child in  tran-
sition  from  programs  and  services provided pursuant to title [two-a]
TWO-A of article twenty-five of the public  health  law.  Nothing  shall
prohibit  an  approved evaluator THAT CONDUCTS AN EVALUATION PURSUANT TO
THIS SUBDIVISION or the committee from reviewing  other  assessments  or
evaluations  to determine if such assessments or evaluations fulfill the
requirements of the regulations of the commissioner. Notwithstanding any
inconsistent  provisions  of  this  section,  the  committee,   in   its
discretion,  may obtain an evaluation of the child from another approved

S. 6257                            59                            A. 9057

evaluator prior to making any recommendation that would place a child in
the approved program that conducted the initial evaluation of the child.
  d.  The  approved  evaluator shall, following completion of the evalu-
ation, transmit the documentation of the evaluation to  all  members  of
the  committee  and  to a person designated by the municipality in which
the  preschool  child  resides.  Each  municipality  shall  notify   the
[approved  evaluators in the geographic area] COMMITTEE of the person so
designated. The summary report of the evaluation shall be transmitted in
English and when necessary, also in the dominant language or other  mode
of  communication  of  the  parent;  the documentation of the evaluation
shall be transmitted in English and, upon the  request  of  the  parent,
also  in  the  dominant  language  or other mode of communication of the
parent, unless not clearly feasible to do  so  pursuant  to  regulations
promulgated by the commissioner. Costs of translating the summary report
and  documentation of the evaluation shall be separately reimbursed. If,
based on the evaluation, the committee finds that a child has a  [handi-
capping condition] DISABILITY, the committee shall use the documentation
of the evaluation to develop an individualized education program for the
preschool  child.  Nothing  herein  shall prohibit an approved evaluator
from at any time providing the parent with a copy of  the  documentation
of the evaluation provided to the committee.
  e.  Prior to the committee meeting at which eligibility will be deter-
mined, the committee shall provide the parent with a copy of the summary
report  of  the findings of the evaluation, and shall provide the parent
with written notice of the  opportunity  to  address  the  committee  in
person  or  in writing. Upon timely request of the parent, the committee
shall, prior to meeting, provide a copy of all written documentation  to
be  considered  by  the committee; provided, however, that such material
shall be provided to the parent at any time upon request.
  f.  If the parent disagrees with the evaluation, the parent may obtain
an additional evaluation at public expense to the extent  authorized  by
federal law or regulation.
  S  2. Subparagraph (i) of paragraph b of subdivision 5 of section 4410
of the education law, as amended by chapter 474 of the laws of 1996,  is
amended to read as follows:
  (i)  If  the committee determines that the child has a disability, the
committee shall  recommend  approved  appropriate  services  or  special
programs  and  the  frequency,  duration and intensity of such services,
including but not limited to the appropriateness of single  services  or
half-day  programs based on the individual needs of the preschool child.
The committee shall first consider the appropriateness of providing: (i)
related services only; (ii) special education itinerant  services  only;
(iii)  related  services in combination with special education itinerant
services; (iv) a half-day program, as defined in the regulations of  the
commissioner;  (v)  a full day program; in meeting the child's needs. If
the committee determines that the child  demonstrates  the  need  for  a
single  related  service,  such  service  shall be provided as a related
service only or, where appropriate, as  a  special  education  itinerant
service.  Prior  to  recommending  the  provision  of  special education
services in a setting which includes only preschool children with  disa-
bilities, the committee shall first consider providing special education
services in a setting which includes age-appropriate peers without disa-
bilities.  Provision  of special education services in a setting with no
regular contact with such age-appropriate peers shall be considered only
when the nature or severity of  the  child's  disability  is  such  that
education in a less restrictive environment with the use of supplementa-

S. 6257                            60                            A. 9057

ry  aids  and  services  cannot be achieved satisfactorily. IN ADDITION,
PRIOR TO RECOMMENDING PLACEMENT OF A  PRESCHOOL  CHILD  IN  AN  APPROVED
PROGRAM,  THE  COMMITTEE  SHALL  DETERMINE  WHETHER SUCH PLACEMENT IS AS
CLOSE AS POSSIBLE TO THE CHILD'S HOME AND, IN MAKING SUCH DETERMINATION,
SHALL  CONSIDER  WHETHER  ANOTHER  APPROPRIATE  APPROVED PROGRAM LOCATED
CLOSER TO THE CHILD'S HOME IS AVAILABLE. The committee's  recommendation
shall include a statement of the reasons why less restrictive placements
were  not  recommended, INCLUDING, WHERE THE COMMITTEE RECOMMENDS PLACE-
MENT IN AN APPROVED PROGRAM THAT IS MORE DISTANT FROM THE  CHILD'S  HOME
THAN  ANOTHER  APPROVED PROGRAM OFFERING COMPARABLE SERVICES APPROPRIATE
TO THE NEEDS OF THE PRESCHOOL CHILD, AN  EXPLANATION  OF  WHY  THE  MORE
DISTANT  PROGRAM  WAS RECOMMENDED. The committee may recommend placement
in a program that uses psychotropic drugs only  if  the  program  has  a
written  policy pertaining to such use and the parent is given a copy of
such written policy at the time such recommendation is made.
  S 3. Paragraph b of subdivision 11 of section 4410  of  the  education
law, as amended by chapter 170 of the laws of 1994, subparagraph (ii) as
amended  by  section  54  of  part  C of chapter 57 of the laws of 2004,
subparagraph (iii) as amended by chapter 205 of the laws of 2009, clause
(b) of subparagraph (iii) as amended by section 63 of part A of  chapter
58  of  the laws of 2011, subparagraphs (iv) and (v) as added by chapter
474 of the laws of 1996 and subparagraph  (vi) as added by section 1  of
part  Q1  of  chapter  109  of  the  laws of 2006, is amended to read as
follows:
  b.  (i)  Commencing  with  the  reimbursement  of  municipalities  for
services provided pursuant to this section on or after July first, nine-
teen  hundred  ninety-three,  AND  EXCEPT  AS OTHERWISE PROVIDED IN THIS
SUBPARAGRAPH, the  state  shall  reimburse  fifty-nine  and  [one  half]
ONE-HALF  percent  of  the approved costs paid by a municipality for the
purposes of this section. Commencing with the reimbursement  of  munici-
palities  [for  services  provided  pursuant to this section on or after
July first, nineteen hundred  ninety-four,  the  state  shall  reimburse
sixty-nine  and one-half percent of the approved costs paid by a munici-
pality for the purposes of this section. The state shall reimburse fifty
percent of the approved costs paid by a municipality for the purposes of
this section for services provided prior to July first, nineteen hundred
ninety-three] OTHER THAN THE CITY OF  NEW  YORK  FOR  SERVICES  PROVIDED
PURSUANT  TO  THIS  SECTION ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE,
THE STATE  SHALL  REIMBURSE  FIFTY-NINE  AND  ONE-HALF  PERCENT  OF  THE
APPROVED  COSTS  PAID  BY A MUNICIPALITY OTHER THAN THE CITY OF NEW YORK
FOR THE PURPOSES OF THIS SECTION, UP TO THE LOCAL SHARE  CEILING  AMOUNT
ESTABLISHED   PURSUANT  TO  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH  AND
SIXTY-SIX AND SIX TENTHS PERCENT OF SUCH  APPROVED  COSTS  FOR  SERVICES
PROVIDED  ON  OR AFTER JULY FIRST, TWO THOUSAND TWELVE IN EXCESS OF SUCH
LOCAL SHARE CEILING AMOUNT.   Such state reimbursement  to  the  munici-
pality  shall  BE NET OF ANY DEDUCTIONS PURSUANT TO SUBPARAGRAPH (IV) OF
THIS PARAGRAPH AND SHALL not be paid prior to April first of the  school
year in which such approved costs are paid by the municipality.
  (ii)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER, SUBJECT TO THE APPROVAL OF THE  DIRECTOR  OF  THE  BUDGET,
SHALL  COMPUTE  AND ESTABLISH A LOCAL SHARE CEILING AMOUNT FOR CLAIMS BY
MUNICIPALITIES OTHER THAN THE CITY OF NEW YORK  OF  THE  APPROVED  COSTS
SUBJECT  TO  STATE  REIMBURSEMENT FOR SERVICES PROVIDED PURSUANT TO THIS
SECTION IN EACH SCHOOL YEAR STARTING WITH THE TWO  THOUSAND  TWELVE--TWO
THOUSAND  THIRTEEN  SCHOOL  YEAR.    FOR PURPOSES OF THIS PARAGRAPH, THE
"LOCAL SHARE CEILING AMOUNT" MEANS THE SUM OF THE SCHOOL DISTRICT  SHARE

S. 6257                            61                            A. 9057

BASE  FOR  EACH  SCHOOL  DISTRICT OF RESIDENCE OF PRESCHOOL CHILDREN WHO
RESIDE WITHIN THE MUNICIPALITY, AND FOR A PRESCHOOL CHILD WHO  IS  HOME-
LESS  OR  A  FOSTER  CARE  CHILD  IN EACH SCHOOL DISTRICT OF LOCATION AS
DEFINED IN SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE. THE "SCHOOL
DISTRICT  SHARE  BASE"  MEANS  THE  PRODUCT  OF:  (A) FORTY AND ONE-HALF
PERCENT AND (B) THE APPROVED COSTS INCURRED PURSUANT TO THIS SECTION  IN
THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR ATTRIBUTABLE TO
SUCH  SCHOOL  DISTRICT  OF  RESIDENCE  OR  SCHOOL  DISTRICT  OF  CURRENT
LOCATION, AS APPLICABLE. THIRTY-THREE AND ONE THIRD PERCENT OF  APPROVED
COSTS ATTRIBUTABLE TO A SPECIFIC SCHOOL DISTRICT IN EXCESS OF THE SCHOOL
DISTRICT  SHARE  BASE  SHALL  BE  A CHARGE UPON THE SCHOOL DISTRICT. THE
COMMISSIONER SHALL DEDUCT AN AMOUNT EQUAL TO SUCH UNPAID OBLIGATION FROM
ANY GENERAL AID FOR PUBLIC SCHOOLS PAYMENTS WHICH  BECOME  DUE  TO  SUCH
SCHOOL  DISTRICT  PURSUANT  TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS
CHAPTER, EXCLUDING PAYMENTS PURSUANT TO  CLAUSE  (III)  OF  SUBPARAGRAPH
THREE  OF  PARAGRAPH  B  OF  SUBDIVISION  ONE OF SUCH SECTION THIRTY-SIX
HUNDRED NINE-A. WHERE SUCH SCHOOL DISTRICT IS NOT ELIGIBLE FOR  PAYMENTS
PURSUANT  TO  SUCH  SECTION  THIRTY-SIX HUNDRED NINE-A, OR THE AMOUNT OF
SUCH UNPAID OBLIGATIONS EXCEEDS THE AMOUNT DUE TO SUCH  SCHOOL  DISTRICT
PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A IN THE CURRENT SCHOOL
YEAR,  THE COMMISSIONER SHALL BILL AND RECOVER FROM SUCH SCHOOL DISTRICT
ANY EXCESS UNPAID OBLIGATION AND THE AMOUNT RECOVERED FROM  SUCH  SCHOOL
DISTRICT  SHALL  BE  CREDITED  TO THE APPROPRIATION FOR PURPOSES OF THIS
SECTION IN THE LOCAL ASSISTANCE  ACCOUNT  OF  THE  DEPARTMENT.  PROVIDED
HOWEVER,  THAT NO SUCH DEDUCTION OR RECOVERY SHALL BE MADE PRIOR TO JULY
FIRST, TWO THOUSAND THIRTEEN AND THE AMOUNT SO  DEDUCTED  FROM  PAYMENTS
PURSUANT  TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A SHALL BE TRANSFERRED
TO THE APPROPRIATION MADE FOR PURPOSES  OF  THIS  SECTION  FROM  GENERAL
SUPPORT FROM PUBLIC SCHOOLS APPROPRIATION.
  (III)  In accordance with a schedule adopted by the commissioner, each
municipality which has been notified by a board  of  its  obligation  to
contract  for the provision of approved special services or programs for
a preschool child shall be provided with a listing of all such  children
by the commissioner. Such list shall include approved services and costs
as prescribed by the commissioner for each such child for whom the muni-
cipality  shall  certify,  on  such  list,  the amount expended for such
purposes and the date of expenditure. Upon the receipt of such certified
statement, the commissioner shall examine the same, and if such expendi-
tures were made as required by  this  section,  the  commissioner  shall
approve it and transmit it to the comptroller for audit. The comptroller
shall  thereupon  issue  his  warrant,  in  the amount specified in such
approved statement for the payment thereof out  of  moneys  appropriated
therefor, to the municipal treasurer or chief fiscal officer as the case
may be.
  [(iii)] (IV) (a) Notwithstanding the provisions of this paragraph, any
monies  due  municipalities  pursuant  to  this  paragraph  for services
provided during the two thousand  eight--two  thousand  nine  and  prior
school  years  shall be reduced by an amount equal to the product of the
percentage of the approved costs reimbursed by  the  state  pursuant  to
subparagraph (i) of this paragraph and any federal participation, pursu-
ant  to  title  XIX  of  the  social  security act, in special education
programs provided pursuant  to  this  section.  The  commissioner  shall
deduct  such  amount,  as certified by the commissioner of health as the
authorized  fiscal  agent  of  the  state  education  department.   Such
deductions  shall  be  made  in  accordance with a plan developed by the
commissioner and approved by the director of the budget. To  the  extent

S. 6257                            62                            A. 9057

that  such deductions exceed moneys owed to the municipality pursuant to
this paragraph, such excess shall be deducted from  any  other  payments
due the municipality.
  (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.
  [(iv)] (V) Notwithstanding any other provision of law to the contrary,
no payments shall be made by the commissioner pursuant to  this  section
on or after July first, nineteen hundred ninety-six based on a claim for
services  provided during school years nineteen hundred eighty-nine--ni-
nety, nineteen hundred ninety--ninety-one, nineteen hundred  ninety-one-
ninety-two,  nineteen hundred ninety-two--ninety-three, nineteen hundred
ninety-three--ninety-four, and nineteen hundred ninety-four--ninety-five
which is submitted later than two years after the end  of  the  nineteen
hundred  ninety-five--ninety-six school year; provided, however, that no
payment shall be barred or reduced where such payment is required  as  a
result  of  a  court  order  or  judgment or a final audit, and provided
further that the commissioner may  grant  a  waiver  to  a  municipality
excusing  the  late filing of such a claim upon a finding that the delay
was caused by a party other than the municipality or a  board  to  which
the municipality delegated authority pursuant to paragraph f of subdivi-
sion five or subdivision eight of this section.
  [(v)] (VI) Notwithstanding any other provision of law to the contrary,
no  payments  shall be made by the commissioner pursuant to this section
on or after July first, nineteen hundred ninety-six based on a claim for
services provided in the nineteen hundred ninety-five--ninety-six school
year or thereafter which is submitted later than three years  after  the
end of the school year in which services were rendered, provided, howev-
er,  that  no  payment  shall be barred or reduced where such payment is
required as a result of a court order or judgment or a final audit,  and
provided  further  that the commissioner may grant a waiver to a munici-
pality excusing the late filing of such a claim upon a finding that  the
delay  was  caused  by a party other than the municipality or a board to
which the municipality delegates authority pursuant to  paragraph  f  of
subdivision five or subdivision eight of this section.
  [(vi)] (VII) Notwithstanding any other provision of law to the contra-
ry,  beginning  with  state  reimbursement  otherwise payable in the two

S. 6257                            63                            A. 9057

thousand six--two thousand seven state fiscal  year  and  in  each  year
thereafter,  payments pursuant to this section, subject to county agree-
ment and in the amounts specified in such agreement, shall  be  paid  no
later  than  June  thirtieth of the state fiscal year next following the
state fiscal year in which such reimbursement was otherwise eligible for
payment and in  which  the  liability  to  the  county  for  such  state
reimbursement accrued, provided that such payments in a subsequent state
fiscal  year  shall be recognized by the state and the applicable county
as satisfying the state reimbursement obligation  for  the  prior  state
fiscal  year.  Any unspent amount associated with such county agreements
shall not be available for payments to other counties or municipalities.
  S 4. This act shall take effect July 1, 2012.
  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 J of this act shall  be
as specifically set forth in the last section of such Parts.

S6257A - Bill Details

See Assembly Version of this Bill:
A9057D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6257A - Bill Texts

view summary

Relates to school district eligibility for an increase in apportionment of school aid and implementation of new standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; relates to contracts for excellence, apportionment of school aid, apportionment of school aid and of current year approved expenditures for debt service, calculation of the gap elimination restoration amount, apportionment for transportation, school district management efficiency awards, maximum class size, transportation to students who remain at school until 5 pm or later; relates to requiring the office of temporary and disability assistance to provide the department of education with certain information; relates to withdrawals from the employee benefit accrued liability reserve fund; relating to funding a program for work force education conducted by the consortium for worker education in New York city, relating to apportionment and reimbursement and extends the expiration of certain provisions; relates to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, to amend 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, to amend chapter 698 of the laws of 1996 amending the education law relating to transportation contracts, to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, to amend 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, to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, to amend chapter 57 of the laws of 2008 amending the education law relating to the universal pre-kindergarten program, in relation to extending the expiration of certain provisions of such chapters; relates to authorizing annual professional performance reviews transition grants; authorizes the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to school bus driver training; relates to the support of public libraries; relates to providing special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; relates to submission of school construction final cost reports; repeals certain provisions of the education law relating to annual professional performance review of classroom teachers and building principals and the teacher evaluation appeal process; and provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tenured teacher disciplinary hearings (Part B); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part C); relates to the standards of monthly need for persons in receipt of public assistance (Part D); relates to authorizing the office of temporary and disability assistance to administer the program of supplemental security income additional state payments and to repeal certain provisions of such law relating thereto (Part E); relates to funding for children and family services, in relation to the effectiveness thereof (Part F); relates to establishing a juvenile justice services close to home initiative and providing for the repeal of such provisions upon expiration thereof (Subpart A); relates to juvenile delinquents and providing for the repeal of such provisions upon expiration thereof (Subpart B) (Part G); relates to the New York state higher education capital matching grant program for independent colleges, in relation to the effectiveness thereof (Part H); relates to provision of services, technical assistance and program activities to state agencies by Cornell university (Part I); relates to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services and providing for the repeal of such provisions upon expiration thereof (Part K); repeals provisions relating to annual reports of the youth center facility program (Part L); relates to the creation of a validated risk assessment instrument (Part M); directs the board of trustees of SUNY and CUNY to conduct a study on student remediation and strategies and programs to promote transition to college readiness (Part N); relates to the SUNY Challenge Grant Program (Part O); relates to non-resident tuition of students of the university centers of the State University of New York (Part P); relates to community college charges for non-residence students (Part Q); relates to the demonstration program authorized within Nassau and Suffolk counties (Part R); authorizes payments of aid and incentives for municipalities (Part S); relates to state aid on certain state leased or state-owned land (Part T); relates to the municipal redevelopment law authorizing tax increment bonds payable from and secured by real property taxes levied by a school district within a project area (Part U); relates to prescription forms and labels, interpretation services and patients with limited English proficiency (Part V); relates to providing for the establishment of a state veteran's cemetery (Part W).

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

    S. 6257--A                                            A. 9057--A

                      S E N A T E - A S S E M B L Y

                            January 17, 2012
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle 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

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  in  relation  to school district eligibility for an increase in
  apportionment of school aid and implementation of  new  standards  for
  conducting annual professional performance reviews to determine teach-
  er  and  principal  effectiveness;  to  amend  the  education  law, in
  relation to contracts for excellence,  apportionment  of  school  aid,
  apportionment  of school aid and of current year approved expenditures
  for debt service,  calculation  of  the  gap  elimination  restoration
  amount, apportionment for transportation, maximum class size; 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; and  in
  relation  to  extending the expiration of certain provisions; 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  govern-
  ment,  chapter  698  of  the  laws  of 1996 amending the education law
  relating to transportation contracts, 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,  to  amend  chapter 57 of the laws of 2008 amending the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-02-2

S. 6257--A                          2                         A. 9057--A

  education law relating to the universal pre-kindergarten  program,  in
  relation  to  extending  the  expiration of certain provisions of such
  chapters; 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; relating to submission of school  construction  final  cost
  reports; and providing for the repeal of certain provisions upon expi-
  ration  thereof  (Part  A); to amend the education law, in relation to
  tenured teacher disciplinary hearings (Part B); to  amend  the  social
  services  law, in relation to increasing the standards of monthly need
  for aged, blind and disabled persons living in the community (Part C);
  to amend the social services law, in  relation  to  the  standards  of
  monthly  need for persons in receipt of public assistance (Part D); to
  amend the social services law, in relation to authorizing  the  office
  of  temporary  and  disability assistance to administer the program of
  supplemental security income additional state payments; and to  repeal
  certain  provisions  of  such  law relating thereto (Part E); to amend
  chapter 83 of the laws of 2002 amending the executive  law  and  other
  laws relating to funding for children and family services, in relation
  to the effectiveness thereof; and to amend the social services law, in
  relation  to reauthorizing child welfare financing to continue current
  funding structure (Part F); to amend the social services law  and  the
  family  court  act,  in  relation  to  establishing a juvenile justice
  services close to home initiative and providing for the repeal of such
  provisions upon expiration thereof  (Subpart  A);  and  to  amend  the
  social  services law and the family court act, in relation to juvenile
  delinquents (Subpart B) (Part G); to amend chapter 57 of the  laws  of
  2005  amending  the  labor  law  and other laws implementing the state
  fiscal plan for the 2005-2006 state fiscal year, relating to  the  New
  York  state  higher education capital matching grant program for inde-
  pendent colleges, in relation to the effectiveness thereof  (Part  H);
  to  amend  the  education  law,  in relation to provision of services,
  technical assistance and  program  activities  to  state  agencies  by
  Cornell  university  (Part I); to amend the education law, in relation
  to special education programs for preschool children with a disability
  (Part J); to amend the education law, in relation to  authorizing  the
  board of cooperative educational services to enter into contracts with
  the  commissioner  of  children and family services to provide certain
  services (Part K); to repeal  section  527-l  of  the  executive  law,
  relating  to annual reports of the youth center facility program (Part
  L); and to amend the executive law, in relation to the creation  of  a
  validated risk assessment instrument (Part M)

  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 2012-2013
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through M. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section

S. 6257--A                          3                         A. 9057--A

"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.  Notwithstanding  any  inconsistent  provision  of law, no
school district shall  be  eligible  for  an  apportionment  of  general
support  for  public schools from the funds appropriated for the 2012-13
school year and thereafter in excess of the amount apportioned  to  such
district  for  the  same  time  period  during the base year unless such
school district has submitted documentation that has  been  approved  by
the  commissioner of education by January 17, 2013 demonstrating that it
has fully implemented new standards and procedures for conducting annual
professional performance reviews  of  classroom  teachers  and  building
principals  to  determine  teacher and principal effectiveness; provided
however that if any such payments in excess of the amount apportioned to
such district for the same time period during the base year  were  made,
and  the  school  district  has  not submitted documentation that it has
fully implemented new standards and procedures as  set  forth  above  by
January 17, 2013, the total amount of such payments shall be deducted by
the  commissioner  from  future  payments  to  the  school district; and
provided further that, for the 2012-13 school year if such deduction  is
greater  than  the sum of the amounts available for such deductions, the
remainder of the deduction shall be withheld from payments scheduled  to
be  made to the school district pursuant to section 3609-a of the educa-
tion law for the 2013-14 school year.
  S 2. Paragraph e of subdivision 1 of section 211-d  of  the  education
law,  as  amended  by  section  1 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district
are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
district's  gap  elimination  adjustment percentage AND PROVIDED FURTHER
THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, UNLESS ALL SCHOOLS
IN THE DISTRICT ARE IDENTIFIED AS  IN  GOOD  STANDING,  SHALL  SUBMIT  A
CONTRACT  FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIR-
TEEN SCHOOL  YEAR  WHICH  SHALL,  NOTWITHSTANDING  THE  REQUIREMENTS  OF
SUBPARAGRAPH  (VI)  OF  PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION,
PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE  NOT  LESS  THAN
THE  AMOUNT  APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE

S. 6257--A                          4                         A. 9057--A

FOR THE TWO THOUSAND ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR.    For
purposes  of this paragraph, the "gap elimination adjustment percentage"
shall be calculated as the sum of one minus the quotient of the  sum  of
the  school  district's  net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten,  making  appropriations  for  the  support  of
government,  plus  the  school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as  computed  pursuant  to  [a]
chapter FIFTY-THREE of the laws of two thousand eleven, making appropri-
ations for the support of the local assistance budget, including support
for  general  support  for  public schools, divided by the total aid for
adjustment computed pursuant to [a] chapter FIFTY-THREE of the  laws  of
two  thousand  eleven,  making  appropriations  for the local assistance
budget, including  support  for  general  support  for  public  schools.
Provided,  further,  that  such  amount shall be expended to support and
maintain allowable programs and activities approved in the two  thousand
nine--two  thousand ten school year or to support new or expanded allow-
able programs and activities in the current year.
  S 3. Subdivision 1 of section 1104 of the education law, as amended by
chapter 53 of the laws of 1990, is amended to read as follows:
  1. The commissioner [of education]  in  the  annual  apportionment  of
public  moneys  shall  apportion  therefrom  to  each county maintaining
approved vocational education and extension work, a quota  amounting  to
one-half    of  the  salary  paid each teacher, director, assistant, and
supervisor, WHERE SUCH SALARY IS ATTRIBUTABLE TO A COURSE OF STUDY FIRST
SUBMITTED TO THE COMMISSIONER FOR APPROVAL PURSUANT  TO  SECTION  ELEVEN
HUNDRED  THREE  OF  THIS PART ON OR BEFORE JULY FIRST, TWO THOUSAND TEN,
but not to exceed THE AMOUNT COMPUTED BY THE COMMISSIONER BASED UPON  AN
ASSUMED ANNUALIZED SALARY EQUAL TO ten thousand five hundred dollars PER
SCHOOL  YEAR  on  account  of  the employment of such teacher, director,
assistant or supervisor.
  S 4. Section 1104 of the education law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  FOR  THE APPORTIONMENT PAYABLE PURSUANT TO THIS SECTION FOR SCHOOL
YEARS COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND NINE, THE COMMISSION-
ER SHALL CERTIFY NO PAYMENT TO  A  VOCATIONAL  EDUCATION  AND  EXTENSION
BOARD  BASED ON A CLAIM SUBMITTED LATER THAN THREE YEARS AFTER THE CLOSE
OF THE SCHOOL YEAR IN WHICH SUCH PAYMENT  WAS  FIRST  TO  BE  MADE.  FOR
CLAIMS  FOR  WHICH  PAYMENT  IS  FIRST  TO  BE  MADE IN THE TWO THOUSAND
NINE--TWO THOUSAND TEN SCHOOL  YEAR  AND  THEREAFTER,  THE  COMMISSIONER
SHALL  CERTIFY  NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION BOARD
BASED ON A CLAIM SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE  OF  SUCH
SCHOOL  YEAR.  PROVIDED, HOWEVER, NO PAYMENTS SHALL BE BARRED OR REDUCED
WHERE SUCH PAYMENT IS REQUIRED AS A RESULT  OF  A  FINAL  AUDIT  OF  THE
STATE.
  S  5.  Paragraphs  dd  and  ee of subdivision 1 of section 3602 of the
education law, as added by section 25 of part A of  chapter  58  of  the
laws of 2011, are amended to read as follows:
  dd.  "Allowable  growth amount" shall mean the product of the positive
difference of the personal income growth index minus one, multiplied  by
the  statewide total of the SUM OF (1) THE apportionments, including the
gap elimination adjustment, due and owing during the base year, commenc-
ing with the base year computed for the two thousand  twelve--two  thou-
sand thirteen school year, to school districts and boards of cooperative
educational  services  from  the  general  support for public schools as
computed based on an electronic data file used to produce the school aid

S. 6257--A                          5                         A. 9057--A

computer listing produced by the commissioner in support of the  enacted
budget  for the base year PLUS (2) THE COMPETITIVE AWARDS AMOUNT FOR THE
BASE YEAR.
  ee.  "Competitive awards amount" shall mean, for two thousand twelve--
two thousand thirteen state fiscal year, fifty million dollars, and  for
two  thousand thirteen--two thousand fourteen and thereafter, [the prod-
uct of the personal income growth index  multiplied  by  the  base  year
competitive awards amount] ONE HUNDRED MILLION DOLLARS.
  S  6.  Paragraph  c of subdivision 17 of section 3602 of the education
law, as added by section 37 of part A of chapter 58 of the laws of 2011,
is amended and a new paragraph d is added to read as follows:
  c. The gap elimination adjustment for  the  two  thousand  twelve--two
thousand  thirteen  school year and thereafter shall be equal to the gap
elimination adjustment for the base year, plus, in any year in which the
preliminary growth amount exceeds the allowable growth amount, the prod-
uct of the gap elimination adjustment percentage for such  district  and
the  positive  difference, if any, between the preliminary growth amount
less the allowable growth amount, as computed  pursuant  to  subdivision
one  of  this  section,  and  less  the  [product of the gap elimination
adjustment percentage for such district and the] gap elimination adjust-
ment restoration amount, if  any,  allocated  pursuant  to  [subdivision
eighteen of] this section.
  D.    (I)  THE GAP ELIMINATION RESTORATION AMOUNT FOR THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR A  SCHOOL  DISTRICT  SHALL
EQUAL THE GREATER OF:
  (A)  THE  PRODUCT  OF (1) THE PRODUCT OF THE EXTRAORDINARY NEEDS INDEX
MULTIPLIED BY TWO HUNDRED FOURTEEN DOLLARS AND FIFTY CENTS, COMPUTED  TO
TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY (2) THE STATE SHARING
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  G OF SUBDIVISION THREE OF THIS
SECTION MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR  THE
BASE  YEAR,  CALCULATED  PURSUANT  TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION, WHERE  THE  EXTRAORDINARY  NEEDS  INDEX
SHALL  BE  THE  QUOTIENT  OF  THE  EXTRAORDINARY  NEEDS  PERCENT FOR THE
DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF  SUBDIVISION  ONE  OF  THIS
SECTION DIVIDED BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT; OR
  (B) FOR ANY DISTRICT WITH A GEA/TGFE RATIO GREATER THAN ONE, WHERE THE
GEA/TGFE  RATIO SHALL BE THE QUOTIENT OF (1) THE GAP ELIMINATION ADJUST-
MENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  SCHOOL  YEAR  FOR
THE  DISTRICT  DIVIDED  BY  THE  TOTAL GENERAL FUND EXPENDITURES OF SUCH
DISTRICT IN THE BASE YEAR, DIVIDED BY (2) THE STATEWIDE TOTAL GAP ELIMI-
NATION ADJUSTMENT FOR  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE
SCHOOL YEAR DIVIDED BY TOTAL GENERAL FUND EXPENDITURES IN THE BASE YEAR,
THE PRODUCT OF (A) THE PRODUCT OF THE GEA/TGFE RATIO MULTIPLIED BY NINE-
TY  DOLLARS, COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED
BY (B) THE STATE SHARING RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  G  OF
SUBDIVISION  THREE  OF  THIS SECTION MULTIPLIED BY (C) THE PUBLIC SCHOOL
DISTRICT ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT  TO  SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; OR
  (C) ONE PERCENT OF THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR,
  BUT  SHALL  BE  NO GREATER THAN THE PRODUCT OF TWENTY-FIVE PERCENT AND
THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR FOR THE DISTRICT.
  (II) THE GAP ELIMINATION RESTORATION AMOUNT FOR THE TWO THOUSAND THIR-
TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THEREAFTER SHALL  EQUAL  THE
PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT AND THE GAP

S. 6257--A                          6                         A. 9057--A

ELIMINATION ADJUSTMENT RESTORATION ALLOCATION  ESTABLISHED  PURSUANT  TO
SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  7.  Paragraph  c  of subdivision 7 of section 3602 of the education
law, as amended by section 1 of part A-4 of chapter 58 of  the  laws  of
2006, is amended to read as follows:
  c.  For the purposes of computing this apportionment for the two thou-
sand five--two thousand six school year and thereafter, approved  trans-
portation  capital,  debt service, and lease expense shall be the amount
computed based upon an assumed amortization determined pursuant to para-
graph e of this subdivision for an  expenditure  incurred  by  a  school
district and approved by the commissioner for those items of transporta-
tion capital, debt service and lease expense allowable under subdivision
two  of  section  thirty-six hundred twenty-three-a of this article for:
(i) the regular aidable transportation of  pupils,  as  such  terms  are
defined in sections thirty-six hundred twenty-one and thirty-six hundred
twenty-two-a  of  this article, (ii) the transportation of children with
disabilities pursuant to article eighty-nine of this chapter, and  (iii)
the  transportation  of  homeless  children  pursuant  to paragraph c of
subdivision four of section thirty-two hundred  nine  of  this  chapter,
provided  that  the total approved cost of such transportation shall not
exceed the amount of the total cost of the most cost-effective  mode  of
transportation.  Approvable expenses for the purchase of school buses ON
OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWELVE shall be  limited  to  the
actual purchase price, or the expense as if the bus were purchased under
state  contract,  whichever is less. If the commissioner determines that
no comparable bus was available under state  contract  at  the  time  of
purchase,  the approvable expenses shall be the actual purchase price or
the state wide median price of such bus in the most recent base year  in
which  such  median price was established with an allowable year to year
CPI increase as defined in subdivision fourteen of section three hundred
five of this chapter; whichever is less. Such median shall  be  computed
by  the  commissioner  for the purposes of this subdivision.  APPROVABLE
EXPENSES FOR THE PURCHASE OF VEHICLES FOR TRANSPORTING STUDENTS AND  FOR
EQUIPMENT  DEEMED A PROPER SCHOOL DISTRICT EXPENSE PURSUANT TO PARAGRAPH
C OF SUBDIVISION TWO OF SECTION  THIRTY-SIX  HUNDRED  TWENTY-THREE-A  OF
THIS ARTICLE, AFTER JUNE THIRTIETH, TWO THOUSAND TWELVE, SHALL BE LIMIT-
ED TO THE ACTUAL PURCHASE PRICE OF ANY VEHICLE FOR TRANSPORTING STUDENTS
AND/OR  EQUIPMENT  PURCHASED  UNDER  SUCH  CENTRALIZED  STATE  CONTRACT,
PROVIDED, HOWEVER THAT IF THE COMMISSIONER DETERMINES THAT THE  DISTRICT
IS  UNABLE  TO  PROVIDE  APPROPRIATE TRANSPORTATION WITH THE VEHICLE FOR
TRANSPORTING STUDENTS AND/OR EQUIPMENT AVAILABLE UNDER SUCH  CENTRALIZED
STATE  CONTRACT,  THE  APPROVABLE  EXPENSES SHALL BE THE ACTUAL PURCHASE
PRICE OR THE STATEWIDE MEDIAN PRICE OF  SUCH  VEHICLE  FOR  TRANSPORTING
STUDENTS  IN  THE  MOST  RECENT BASE YEAR IN WHICH SUCH MEDIAN PRICE WAS
ESTABLISHED WITH AN ALLOWABLE YEAR TO YEAR CPI INCREASE  AS  DEFINED  IN
SUBDIVISION  FOURTEEN  OF  SECTION  THREE  HUNDRED FIVE OF THIS CHAPTER;
WHICHEVER IS LESS.
  S 8. Paragraphs a and b of subdivision 5 of section 3604 of the educa-
tion law, paragraph a as amended by chapter 161 of the laws of 2005  and
paragraph  b  as  amended  by section 59 of part A of chapter 436 of the
laws of 1997, are amended to read as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school  district  has
been  apportioned  less  money  than  that  to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned  more  money  than

S. 6257--A                          7                         A. 9057--A

that  to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to  the  general
fund  local  assistance  account  for  state  aid to the schools, or may
deduct  such  amount  from  the  next  apportionment  to be made to said
district, provided, however, that, upon notification of excess  payments
of  aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that  such  excess
payments  be  recovered  by  deducting  such  excess  payments  from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that  there  shall  be  no
interest  penalty  assessed  against  such  district or collected by the
state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund  expenditures  for  the  preceding  school
year.  The  amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is  recognized
as  a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's  unreserved
fund  balance at the close of the preceding school year less the product
of the district's total general  fund  expenditures  for  the  preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments.  The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to  be  recovered
or  one-third  of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year.  Provided  further
that,  notwithstanding  any  other  provisions  of this subdivision, any
pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess  of
the  amount  to which the district is entitled and for which recovery of
excess payments is to be made  pursuant  to  this  paragraph,  shall  be
reduced  at  the  time  of  actual  payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled  deductions
of  such  excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered.  [The  commissioner
shall certify no payment to a school district based on a claim submitted
later  than three years after the close of the school year in which such
payment was first to be made.  For claims for which payment is first  to
be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based  on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred  ninety-seven--ninety-eight]   PRIOR   TO   THE   TWO   THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  school year [and thereafter], the commis-
sioner shall certify no payment to a school district based  on  a  claim
submitted  later  than  one  year  after  the close of such school year.
Provided, however, no payments shall be barred  or  reduced  where  such
payment  is  required  as a result of a final audit of the state. [It is
further provided that, until June thirtieth,  nineteen  hundred  ninety-
six,  the  commissioner  may  grant a waiver from the provisions of this
section for any school district if it is in the best educational  inter-
ests of the district pursuant to guidelines developed by the commission-
er  and  approved  by the director of the budget.] FURTHER PROVIDED THAT
FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED  ONE,

S. 6257--A                          8                         A. 9057--A

SEVEN   HUNDRED   ELEVEN,   SEVEN   HUNDRED   FIFTY-ONE,  SEVEN  HUNDRED
FIFTY-THREE,  THIRTY-SIX  HUNDRED   TWO,   THIRTY-SIX   HUNDRED   TWO-B,
THIRTY-SIX  HUNDRED  TWO-C, THIRTY-SIX HUNDRED TWO-E, THIRTY-SIX HUNDRED
TWELVE, AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
TWELVE--TWO  THOUSAND  THIRTEEN AND PRIOR SCHOOL YEARS, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS
PURSUANT  TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE  PAYMENT  COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST SUBMITTED FOR THE TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN
STATE  FISCAL YEAR AND ENTITLED "BT121-3", AND FURTHER PROVIDED THAT FOR
ANY APPORTIONMENTS PROVIDED PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ONE,
SEVEN   HUNDRED   ELEVEN,   SEVEN   HUNDRED   FIFTY-ONE,  SEVEN  HUNDRED
FIFTY-THREE,  THIRTY-SIX  HUNDRED   TWO,   THIRTY-SIX   HUNDRED   TWO-B,
THIRTY-SIX  HUNDRED  TWO-C, THIRTY-SIX HUNDRED TWO-E, THIRTY-SIX HUNDRED
TWELVE, AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THEREAFTER, THE  COMMIS-
SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
SCHOOL YEAR COMMENCES.
  b.  Claims  resulting from court orders or judgments. [Any] FOR CLAIMS
FOR WHICH PAYMENT IS FIRST TO BE MADE PRIOR TO THE TWO THOUSAND  TWELVE-
-TWO  THOUSAND  THIRTEEN  SCHOOL YEAR, ANY payment which would be due as
the result of a court order or judgment shall not  be  barred,  provided
that,  commencing January first, nineteen hundred ninety-six, such court
order or judgment and any other data required shall be  filed  with  the
comptroller  within  one  year from the date of the court order or judg-
ment, and provided  further  that  the  commissioner  shall  certify  no
payment to a school district for a specific school year that is based on
a  claim  that results from a court order or judgement so filed with the
comptroller unless the total value of such claim, as determined  by  the
commissioner, is greater than one percent of the school district's total
revenues  from  state sources as previously recorded in the general fund
and reported to the comptroller in the annual financial  report  of  the
school district for such school year.
  S  9. The opening paragraph of section 3609-a of the education law, as
amended by section 40 of part A of chapter 58 of the laws  of  2011,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE  SCHOOL  YEAR,  "moneys apportioned" shall mean the lesser of (i)
the sum of one hundred percent of the respective amount  set  forth  for
each  school  district as payable pursuant to this section in the school
aid computer listing for the current year produced by  the  commissioner
in support of the budget which includes the appropriation for the gener-
al  support  for public schools for the prescribed payments and individ-
ualized payments due prior to April first for the current year plus  the
apportionment  payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six  hundred  two
of  this  part  minus  any  reductions  to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any

S. 6257--A                          9                         A. 9057--A

deduction from  apportionment  payable  pursuant  to  this  chapter  for
collection  of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law,  less  any
grants  provided  pursuant  to  subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment  calculated
by  the  commissioner  based  on data on file at the time the payment is
processed; provided however, that for the purposes of any payments  made
pursuant  to this section prior to the first business day of June of the
current year, moneys apportioned shall  not  include  any  aids  payable
pursuant  to  subdivisions  six  and fourteen, if applicable, of section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or any aids payable for  full-day  kindergarten  for  the  current  year
pursuant  to  subdivision nine of section thirty-six hundred two of this
part. The definitions of "base year" and "current year" as set forth  in
subdivision  one  of  section  thirty-six hundred two of this part shall
apply to this section. For aid payable in the two  thousand  eleven--two
thousand  twelve  school  year,  reference  to such "school aid computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA111-2".  FOR  AID  PAYABLE  IN  THE TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE
LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE  RESPECTIVE  AMOUNT
SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION
IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY  THE
COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES
THE APPROPRIATION FOR THE GENERAL SUPPORT FOR  PUBLIC  SCHOOLS  FOR  THE
PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
FOR  THE  CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT
SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION  THIR-
TY-SIX  HUNDRED  TWO  OF  THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR
AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
THIS PART OR ANY DEDUCTION FROM THE APPORTIONMENT  PAYABLE  PURSUANT  TO
THIS  CHAPTER  FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS
DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE  OF  THIS
CHAPTER,  LESS  ANY  GRANTS  PROVIDED  PURSUANT TO SUBPARAGRAPH TWO-A OF
PARAGRAPH B OF SUBDIVISION FOUR OF SECTION  NINETY-TWO-C  OF  THE  STATE
FINANCE  LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
TIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA  ON  FILE  AT  THE
TIME  THE  PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES
OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE  FIRST  BUSI-
NESS  DAY  OF  JUNE  OF  THE  CURRENT YEAR, MONEYS APPORTIONED SHALL NOT
INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND  FOURTEEN,  IF
APPLICABLE,  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT
YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS  FIRST
ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
FOR  THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART. THE DEFINITIONS OF "BASE  YEAR"  AND  "CURRENT
YEAR"  AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
OF THIS PART SHALL APPLY TO THIS SECTION.
  S 10. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as  amended  by  section 46 of part A of chapter 58 of the laws of
2011, is amended to read as follows:

S. 6257--A                         10                         A. 9057--A

  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
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 eleven--two thousand twelve] TWO THOUSAND TWELVE--TWO  THOUSAND
THIRTEEN.
  S  11. Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended  to  read
as follows:
  c.  The purchase of equipment deemed a proper school district expense,
PROVIDED, HOWEVER THAT SUCH PURCHASE SHALL BE SUBJECT TO THE APPROVAL OF
THE COMMISSIONER AFTER JUNE THIRTIETH, TWO THOUSAND  TWELVE,  including:
(i)  the  purchase  of  two-way  radios to be used on old and new school
buses, (ii) the purchase of stop-arms, to be used on old and new  school
buses,  (iii)  the  purchase  and  installation  of seat safety belts on
school buses in accordance with the  provisions  of  section  thirty-six
hundred  thirty-five-a  of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school  bus  front  crossing  arms,
(vi)  the  purchase  of  school  bus  safety  sensor  devices, (vii) the
purchase and installation  of  exterior  reflective  marking  on  school
buses,  (viii)  the  purchase  of  automatic  engine  fire extinguishing
systems for school buses used to transport students who use  wheelchairs
or  other  assistive  mobility  devices,  and (ix) the purchase of other
equipment as prescribed in the regulations of the commissioner; and
  S 12. Subdivision 6 of section 4402 of the education law,  as  amended
by section 58 of part A of chapter 58 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 [twelve] THIRTEEN of the
[two thousand eleven--two  thousand  twelve]  TWO  THOUSAND  TWELVE--TWO
THOUSAND  THIRTEEN 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

S. 6257--A                         11                         A. 9057--A

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
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 13. 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
65  of  part  A of chapter 58 of the laws of 2011, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this  section  [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, 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, reimbursement for the 2010--2011  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], reimburse-
ment for the 2011--2012 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, AND REIMBURSEMENT FOR THE 2012--2013
SCHOOL YEAR SHALL NOT EXCEED 63.2 PERCENT OF THE LESSER OF SUCH APPROVA-
BLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND FORTY 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  2008-09  school  year  such
contact  hours shall not exceed one million nine hundred forty-six thou-
sand 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; wher-
eas for the 2010--2011 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--2012 school year  such  contact
hours  shall  not  exceed  one  million  seven hundred one thousand five
hundred seventy (1,701,570) hours; WHEREAS  FOR  THE  2012--2013  SCHOOL
YEAR  SUCH  CONTACT  HOURS  SHALL  NOT  EXCEED  ONE MILLION FOUR HUNDRED
SIXTY-EIGHT THOUSAND SEVEN HUNDRED TEN (1,468,710) HOURS.  Notwithstand-

S. 6257--A                         12                         A. 9057--A

ing any other provision of law to the contrary, the apportionment calcu-
lated 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 eligible for  aid
in accordance with the provisions of such subdivision 11 of section 3602
of the education law.
  S  14. 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 q to read as follows:
  Q. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF PAYMENTS FOR THE 2012--2013 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  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
($11,500,000).
  S 15. 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 section 67 of part A of
chapter 58 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, [2012] 2013.
  S 16. 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 section 68 of part A of chapter 58 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, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2013] 2014.
  S  17.  Subdivision  6-a  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 section 51 of part B of chapter  57
of the laws of 2007, is amended to read as follows:
  (6-a) Section seventy-three of this act shall take effect July 1, 1995
and shall be deemed repealed June 30, [2012] 2017;
  S  18. 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 section 69 of part A of chapter  58
of the laws of 2011, are amended to read as follows:

S. 6257--A                         13                         A. 9057--A

  (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,
[2012] 2013 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, [2012] 2013;
  S 19. Section 4 of chapter 698 of  the  laws  of  1996,  amending  the
education  law relating to transportation contracts, as amended by chap-
ter 165 of the laws of 2007, is amended to read as follows:
  S 4. This act shall take effect immediately, and shall expire  and  be
deemed repealed on and after June 30, [2012] 2017.
  S  20.  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 section 72 of part A of
chapter 58 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, [2012] 2013 when
upon such date the provisions of this act shall be deemed repealed.
  S 21. 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 section 73 of part A of chapter 58 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, [2012] 2013.
  S 22. 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 74 of part A of chapter 58 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, [2012] 2013.
  S  23. Subdivision 4 of section 51 of part B of chapter 57 of the laws
of 2008, amending the education law relating to the  universal  pre-kin-
dergarten  program,  as  amended  by  chapter  2 of the laws of 2011, is
amended to read as follows:
  4. section 23 of this act shall take effect July  1,  2008  and  shall
expire and be deemed repealed June 30, [2012] 2013;
  S 24. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2012--13 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
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S  25.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2012  enacting
the aid to localities budget shall be apportioned for the 2012--13 state
fiscal year in accordance with the provisions of sections 271, 272, 273,

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282,  284,  and 285 of the education law as amended by the provisions of
this act, 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 2012--2013
by  a  chapter of the laws of 2012 enacting the aid to localities 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  26.  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, 2013 and not later than the last day  of  the  third  full
business  week  of  June, 2013, 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, 2013, for salary expenses incurred between April 1
and June 30, 2013 and such apportionment shall not exceed the sum of (i)
the deficit reduction  assessment  of  1990--91  as  determined  by  the
commissioner  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 inhab-
itants according to the latest federal census  plus  (iv)  the  net  gap
elimination adjustment for 2010--2011, as determined by the commissioner
of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--12 as determined by the commission-
er of education pursuant to subdivision 17 of section 3602 of the educa-
tion law, and provided further that such apportionment shall not  exceed
such  salary  expenses.  Such  application  shall  be  made  by a school
district, after the board of education or trustees have adopted a resol-
ution 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

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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 27. 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, 2013, 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, 2013 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
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president 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
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

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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 28. 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 programs.
  S 29. 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 2012--13  school  year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  30.  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 2012--2013 school year.
To the city school district of the city of New York there shall be  paid
forty-eight   million   one   hundred   seventy-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,  twen-
ty-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,  forty-nine  million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,   four   million   six  hundred  forty-five  thousand  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

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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 subdivision a of this section, a
school district receiving a grant pursuant to this section may use  such
grant  funds  for:  (i) any instructional or instructional support costs
associated with the operation of a magnet school; or (ii)  any  instruc-
tional  or instructional support costs associated with implementation of
an alternative approach to reduction of racial isolation and/or enhance-
ment of the instructional program and raising of standards in elementary
and secondary schools of school  districts  having  substantial  concen-
trations  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 commissioner.
  c.  for  the  purpose of attendance improvement and dropout prevention
for the 2012--2013 school year, for any city school district in  a  city
having  a  population of more than one million, the setaside for attend-
ance improvement and dropout prevention shall equal the amount set aside
in the year prior to the base year. For the 2012--2013 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 subdivision to community-based organizations. Any
increase required pursuant to this subdivision to community-based organ-
izations must be in addition to allocations provided to  community-based
organizations in the base year.
  d.  for the purpose of teacher support for the 2012--2013 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 seven-
ty-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,  eight  hundred
nine  thousand  dollars ($809,000). All funds made available to a school
district pursuant to this subdivision shall be distributed among  teach-
ers  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

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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 31.  a. Notwithstanding any other provision of law to the  contrary,
the actions or omissions of any school district which failed to submit a
final building project cost report by June 30 of the school year follow-
ing  June  30 of the school year in which the certificate of substantial
completion of the project is issued by the architect or engineer, or six
months after issuance of such certificate, whichever is later, are here-
by ratified and validated,  provided  that  such  building  project  was
eligible  for  aid  in  a year for which the commissioner is required to
prepare an estimate of apportionments due and owing  pursuant  to  para-
graph  c of subdivision 21 of section 305 of the education law, provided
further that such school district submits a  final  cost  report  on  or
before December 31, 2012 and such report is approved by the commissioner
of  education,  and provided further that any amount due and payable for
school years prior to the 2013-14 school year as a result  of  this  act
shall be paid pursuant to the provisions of paragraph c of subdivision 5
of section 3604 of the education law.
  b.  Notwithstanding  any  other  provision of law to the contrary, any
pending payment of moneys due to such district as a prior  year  adjust-
ment payable pursuant to paragraph c of subdivision 5 of section 3604 of
the education law for aid claims that had been previously paid in excess
as  current  year aid payments and for which recovery of excess payments
is to be made pursuant to this act, shall be reduced  by  any  remaining
unrecovered balance of such excess payments, and the remaining scheduled
deductions of such excess payments pursuant to this act shall be reduced
by the commissioner of education to reflect the amount so recovered.
  c.  The education department is hereby directed to adjust the approved
costs of the aforementioned projects on a pro-rata basis to reflect  the
number  of years between June 30 of the school year following June 30 of
the school year in which the certificate of  substantial  completion  of
the  project is issued by the architect or engineer, or six months after
issuance of such certificate, whichever is later and the date upon which
the district filed a final cost report as a  proportion  of  the  useful
life  of  the  project,  and to consider such adjusted approved costs as
valid and proper obligations of such school districts.
  S 32. 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.

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  S  33.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2012, provided,
however, that:
  1.  Section  three  of  this  act shall be deemed to have been in full
force and effect on and after July 1, 2006;
  2. Sections six, nine, ten, twelve,  thirteen,  fourteen,  twenty-four
and thirty of this act shall take effect July 1, 2012;
  3.  The  amendments  to subdivision 6 of section 4402 of the education
law made by section twelve of this act shall not affect  the  repeal  of
such subdivision and shall be deemed repealed therewith;
  4.  The  amendments  to  chapter  756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city, made by sections thirteen  and  four-
teen  of  this act shall not affect the repeal of such chapter and shall
be deemed repealed therewith; and
  5. Section twenty-eight  of  this  act  shall  expire  and  be  deemed
repealed June 30, 2013.

                                 PART B

  Section  1. Section 3020-a of the education law, as amended by chapter
691 of the laws of 1994, paragraph (b) of subdivision  2  as  separately
amended  by  chapters  296 and 325 of the laws of 2008, paragraph (c) of
subdivision 2 and paragraph a of subdivision 3 as amended  and  subpara-
graph  (i-a)  of paragraph c of subdivision 3 as added by chapter 103 of
the laws of 2010, is amended to read as follows:
  S 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
All charges against a person enjoying the benefits of tenure as provided
in subdivision three of section [one thousand one] ELEVEN  hundred  two,
and sections [two thousand five] TWENTY-FIVE hundred nine, [two thousand
five]  TWENTY-FIVE  hundred seventy-three, twenty-five hundred ninety-j,
three thousand twelve and three thousand fourteen of this chapter  shall
be  in  writing  and  filed  with  the  clerk or secretary of the school
district or employing board during the period between the actual opening
and closing of the school  year  for  which  the  employed  is  normally
required  to  serve.  Except as provided in subdivision eight of section
[two thousand five] TWENTY-FIVE hundred  seventy-three  and  subdivision
seven of section twenty-five hundred ninety-j of this chapter, no charg-
es  under  this section shall be brought more than three years after the
occurrence of the alleged incompetency or misconduct,  except  when  the
charge is of misconduct constituting a crime when committed.
  2.  [(a)]  Disposition of charges. A. Upon receipt of the charges, the
clerk or secretary of the school district or employing board shall imme-
diately notify said board thereof. Within five  days  after  receipt  of
charges,  the employing board, in executive session, shall determine, by
a vote of a majority of all the members of such board, whether  probable
cause  exists  to  bring  a  disciplinary proceeding against an employee
pursuant to this section. If such determination is affirmative, a  writ-
ten  statement  specifying  (I)  the charges in detail, (II) the maximum
penalty which will be imposed by the board  if  the  employee  does  not
request a hearing or that will be sought by the board if the employee is
found guilty of the charges after a hearing, (III) THE RESPONSIBILITY OF
THE  EMPLOYEE  OR THE EMPLOYEE'S COLLECTIVE BARGAINING UNIT, AS APPLICA-
BLE, TO PAY A SHARE OF HEARING COSTS UNDER THE CIRCUMSTANCES  SET  FORTH
IN PARAGRAPHS B AND C OF SUBDIVISION THREE OF THIS SECTION, and [outlin-
ing] (IV) the employee's rights under this section, shall be immediately

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forwarded  to  the  accused  employee  by  certified or registered mail,
return receipt requested or by personal delivery to the employee.
  [(b)] B. The employee may be suspended pending a hearing on the charg-
es  and  the  final  determination thereof. The suspension shall be with
pay, except the employee may be suspended without pay  if  the  employee
has  entered  a  guilty  plea to or has been convicted of a felony crime
concerning the criminal sale or possession of a controlled substance,  a
precursor of a controlled substance, or drug paraphernalia as defined in
article  two  hundred twenty or two hundred twenty-one of the penal law;
or a felony crime involving the physical abuse of a  minor  or  student.
The  employee  shall be terminated without a hearing, as provided for in
this section, upon conviction of a sex offense, as defined  in  subpara-
graph two of paragraph b of subdivision seven-a of section three hundred
five of this chapter.  To the extent this section applies to an employee
acting  as  a school administrator or supervisor, as defined in subpara-
graph three of paragraph b  of  subdivision  seven-b  of  section  three
hundred  five of this chapter, such employee shall be terminated without
a hearing, as provided for in this section, upon conviction of a  felony
offense  defined  in  subparagraph  two  of  paragraph  b of subdivision
seven-b of section three hundred five of this chapter.
  [(c)] C. Within ten days of receipt of the statement of  charges,  the
employee  shall  notify the clerk or secretary of the employing board in
writing whether he or she desires a hearing on the charges and when  the
charges concern pedagogical incompetence or issues involving pedagogical
judgment,  his  or  her  choice  of either a single hearing officer or a
three member panel, provided that a three  member  panel  shall  not  be
available where the charges concern pedagogical incompetence based sole-
ly  upon  a  teacher's or principal's pattern of ineffective teaching or
performance as defined in section three thousand twelve-c of this  arti-
cle. All other charges shall be heard by a single hearing officer.
  [(d)]  D. The unexcused failure of the employee to notify the clerk or
secretary of his or her desire for a hearing  within  ten  days  of  the
receipt  of  charges shall be deemed a waiver of the right to a hearing.
Where an employee requests a hearing in the manner provided for by  this
section, the clerk or secretary of the board shall, within three working
days of receipt of the employee's notice or request for a hearing, noti-
fy  the  commissioner  [of  education] of the need for a hearing. If the
employee waives his or her right to a hearing the employing board  shall
proceed,  within fifteen days, by a vote of a majority of all members of
such board, to determine the case and fix the penalty,  if  any,  to  be
imposed in accordance with subdivision four of this section.
  3.  Hearings.    a. Notice of hearing. Upon receipt of a request for a
hearing in accordance with subdivision two of this section, the  commis-
sioner  shall  forthwith  notify  the  American  Arbitration Association
(hereinafter "association") of the need for a hearing and shall  request
the association to provide to the commissioner forthwith a list of names
of  persons  chosen  by  the association from the association's panel of
labor arbitrators to potentially serve as hearing officers together with
relevant biographical information on each arbitrator.  Upon  receipt  of
said list and biographical information, the commissioner shall forthwith
send  a  copy  of  both  simultaneously  to  the employing board and the
employee. The commissioner shall also  simultaneously  notify  both  the
employing  board  and  the  employee of each potential hearing officer's
record in the last five cases  of  commencing  and  completing  hearings
within the time periods prescribed in this section.

S. 6257--A                         21                         A. 9057--A

  b.  (i)  Hearing officers. All hearings pursuant to this section shall
be conducted before and by a single hearing officer selected as provided
for in this section. A hearing officer shall not be  eligible  to  serve
[as  such]  IN  SUCH  POSITION  if he or she is a resident of the school
district, other than the city of New York, under the jurisdiction of the
employing  board,  an employee, agent or representative of the employing
board or of  any  labor  organization  representing  employees  of  such
employing  board,  has served as such agent or representative within two
years of the date of the scheduled hearing, or if  he  or  she  is  then
serving as a mediator or fact finder in the same school district.
  (A) Notwithstanding any other provision of law, FOR HEARINGS COMMENCED
BY  THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE, the
hearing officer shall be compensated by the department with the  custom-
ary  fee  paid  for  service  as an arbitrator under the auspices of the
association for each day of actual service  plus  necessary  travel  and
other  reasonable  expenses  incurred  in  the performance of his or her
duties. All other expenses of the disciplinary proceedings COMMENCED  BY
THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE shall be
paid in accordance with rules promulgated by the commissioner [of educa-
tion].    CLAIMS  FOR  SUCH  COMPENSATION FOR DAYS OF ACTUAL SERVICE AND
REIMBURSEMENT FOR NECESSARY  TRAVEL  AND  OTHER  EXPENSES  FOR  HEARINGS
COMMENCED  BY  THE  FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND
TWELVE SHALL BE PAID FROM AN APPROPRIATION FOR SUCH PURPOSE IN THE ORDER
IN WHICH THEY HAVE  BEEN  APPROVED  BY  THE  COMMISSIONER  FOR  PAYMENT,
PROVIDED PAYMENT SHALL FIRST BE MADE FOR ANY OTHER HEARING COSTS PAYABLE
BY THE COMMISSIONER, INCLUDING THE COSTS OF TRANSCRIBING THE RECORD, AND
PROVIDED FURTHER THAT NO SUCH CLAIM SHALL BE SET ASIDE FOR INSUFFICIENCY
OF FUNDS TO MAKE A COMPLETE PAYMENT, BUT SHALL BE ELIGIBLE FOR A PARTIAL
PAYMENT IN ONE YEAR AND SHALL RETAIN ITS PRIORITY DATE STATUS FOR APPRO-
PRIATIONS DESIGNATED FOR SUCH PURPOSE IN FUTURE YEARS.
  (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR HEARINGS COMMENCED BY THE  FILING  OF  CHARGES  ON  OR
AFTER  APRIL  FIRST,  TWO  THOUSAND TWELVE, THE HEARING OFFICER SHALL BE
COMPENSATED FOR HIS OR HER ACTUAL  HOURS  OF  SERVICE  RENDERED  IN  THE
PERFORMANCE  OF  HIS OR HER DUTIES AS A HEARING OFFICER, PLUS ANY NECES-
SARY TRAVEL OR OTHER EXPENSES INCURRED IN THE PERFORMANCE OF SUCH DUTIES
IN ACCORDANCE WITH THE PROVISIONS OF THIS CLAUSE AND CLAUSE (C) OF  THIS
SUBPARAGRAPH.  THE  COMMISSIONER  SHALL  ESTABLISH MAXIMUM RATES FOR THE
COMPENSATION OF HEARING OFFICERS AND LIMITATIONS ON THE NUMBER OF  STUDY
HOURS THAT MAY BE CLAIMED.
  (C)  THE  COSTS  OF  COMPENSATING HEARING OFFICERS FOR ACTUAL HOURS OF
SERVICE, PLUS ANY NECESSARY TRAVEL AND OTHER EXPENSES  INCURRED  IN  THE
PERFORMANCE OF SUCH DUTIES IN ACCORDANCE WITH CLAUSE (B) OF THIS SUBPAR-
AGRAPH  AND THE REGULATIONS OF THE COMMISSIONER SHALL BE DIVIDED EQUALLY
BETWEEN THE EMPLOYING BOARD AND THE EMPLOYEE'S BARGAINING AGENT  OR  THE
EMPLOYEE  IF NOT REPRESENTED BY A BARGAINING UNIT. UPON VERIFICATION AND
APPROVAL BY THE EMPLOYING BOARD  AND  THE  EMPLOYEE  OR  THE  EMPLOYEE'S
BARGAINING AGENT FOLLOWING COMPLETION OF THE HEARING, CLAIMS FOR PAYMENT
FOR SUCH SERVICES SHALL BE SUBMITTED TO THE RESPONSIBLE PARTIES.
  (ii)  Not later than ten days after the date the commissioner mails to
the employing board and the employee the list of potential hearing offi-
cers and biographies provided to the commissioner  by  the  association,
the  employing  board  and  the  employee, individually or through their
agents or representatives, shall by mutual agreement  select  a  hearing
officer  from  said  list  to  conduct  the hearing and shall notify the
commissioner of their selection.

S. 6257--A                         22                         A. 9057--A

  (iii) If the employing board and the employee  fail  to  agree  on  an
arbitrator  to  serve  as a hearing officer from said list and so notify
the commissioner within ten days  after  receiving  the  list  from  the
commissioner,  the commissioner shall request the association to appoint
a hearing officer from said list.
  (iv)  In  those cases in which the employee elects to have the charges
heard by a hearing panel, the hearing panel shall consist of the hearing
officer, selected in accordance with this  subdivision,  and  two  addi-
tional  persons,  one  selected  by the employee and one selected by the
employing board, from a list maintained for such purpose by the  commis-
sioner  [of  education].  The  list  shall  be  composed of professional
personnel with administrative  or  supervisory  responsibility,  profes-
sional  personnel  without administrative or supervisory responsibility,
chief school administrators, members  of  employing  boards  and  others
selected  from lists of nominees submitted to the commissioner by state-
wide organizations  representing  teachers,  school  administrators  and
supervisors  and  the employing boards. Hearing panel members other than
the hearing officer shall be compensated [by the  department  of  educa-
tion]  at the rate of one hundred dollars for each day of actual service
[plus] AND SHALL BE REIMBURSED  FOR  necessary  travel  and  subsistence
expenses  IN  ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CLAUSE (A) OR
CLAUSE (C) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH.  The  hearing  officer
shall be compensated as set forth in this subdivision. The hearing offi-
cer shall be the [chairman] CHAIRPERSON of the hearing panel.
  c.  Hearing  procedures. (i) (A) The commissioner [of education] shall
have the power to establish  necessary  rules  and  procedures  for  the
conduct  of  hearings  under this section WHICH, FOR HEARINGS OTHER THAN
EXPEDITED HEARINGS PURSUANT TO SUBPARAGRAPH  (I-A)  OF  THIS  PARAGRAPH,
SHALL  INCLUDE  SPECIFIC  TIMELINE REQUIREMENTS FOR CONDUCTING A HEARING
AND FOR RENDERING A FINAL DECISION.
  (B) THE DEPARTMENT SHALL BE AUTHORIZED TO MONITOR  AND  INVESTIGATE  A
HEARING  OFFICER'S  COMPLIANCE  WITH SUCH TIMELINES, AS SET FORTH IN THE
REGULATIONS OF THE COMMISSIONER. THE COMMISSIONER SHALL ANNUALLY  INFORM
ALL  HEARING  OFFICERS  WHO  HAVE  HEARD  CASES PURSUANT TO THIS SECTION
DURING THE PRECEDING YEAR THAT THE TIME PERIODS PRESCRIBED IN THE  REGU-
LATIONS  OF  THE  COMMISSIONER  FOR  CONDUCTING  SUCH HEARINGS ARE TO BE
STRICTLY FOLLOWED.   A RECORD  OF  CONTINUED  FAILURE  TO  COMMENCE  AND
COMPLETE  HEARINGS WITHIN THE TIME PERIODS PRESCRIBED IN THE REGULATIONS
AUTHORIZED BY THIS SUBPARAGRAPH SHALL  BE  CONSIDERED  GROUNDS  FOR  THE
COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE LIST OF POTENTIAL HEAR-
ING OFFICERS SENT TO THE EMPLOYING BOARD AND THE EMPLOYEE FOR SUCH HEAR-
INGS.
  (C)  Such  rules  shall not require compliance with technical rules of
evidence. Hearings shall be conducted by the  hearing  officer  selected
pursuant  to  paragraph b of this subdivision with full and fair disclo-
sure of the nature of the case and evidence against the employee by  the
employing  board and shall be public or private at the discretion of the
employee. The employee shall have a  reasonable  opportunity  to  defend
himself  or  herself  and  an  opportunity  to testify in his or her own
behalf. The employee shall not be required to testify. Each party  shall
have  the right to be represented by counsel, to subpoena witnesses, and
to cross-examine witnesses. All testimony  taken  shall  be  under  oath
which the hearing officer is hereby authorized to administer.
  [A] (D) FOR HEARINGS COMMENCED BY THE FILING OF CHARGES PRIOR TO APRIL
FIRST,  TWO THOUSAND TWELVE, A competent stenographer, designated by the
commissioner [of education] and compensated  by  the  [state  education]

S. 6257--A                         23                         A. 9057--A

department,  shall  keep  and  transcribe a record of the proceedings at
each such hearing. A copy of the transcript of the hearings shall,  upon
request,  be  furnished  without charge to the employee and the board of
education involved.
  (E)  HEARINGS  COMMENCED  BY  THE  FILING OF CHARGES ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, SHALL NOT BE RECORDED BY A  STENOGRAPHER  OR
ANY  OTHER  RECORDING  MECHANISM  UNLESS BOTH PARTIES AGREE PRIOR TO THE
COMMENCEMENT OF THE DISCIPLINARY HEARING. THE PARTY REQUESTING  A  TRAN-
SCRIPT OR RECORDING AT A DISCIPLINARY HEARING MAY PROVIDE FOR ONE AT ITS
OWN  EXPENSE  AND  SHALL  PROVIDE A COPY TO THE ARBITRATOR AND THE OTHER
PARTY UNLESS BOTH PARTIES AGREE TO SHARE THE COST OF SUCH TRANSCRIPT  OR
RECORDING.  THE  USE  OF A TRANSCRIPT CANNOT DELAY THE HEARING AND SHALL
NOT EXTEND THE DATE THE HEARING IS CLOSED.
  (i-a)(A) Where charges of incompetence are brought based solely upon a
pattern of ineffective teaching or performance of a classroom teacher or
principal, as defined in section three thousand twelve-c of  this  arti-
cle, the hearing shall be conducted before and by a single hearing offi-
cer  in  an  expedited  hearing,  which shall commence within seven days
after the pre-hearing conference and shall  be  completed  within  sixty
days  after the pre-hearing conference. The hearing officer shall estab-
lish a hearing schedule at the pre-hearing conference to ensure that the
expedited hearing is completed within the  required  timeframes  and  to
ensure an equitable distribution of days between the employing board and
the  charged employee. Notwithstanding any other law, rule or regulation
to the contrary, no adjournments may be granted that  would  extend  the
hearing  beyond  such  sixty days, except as authorized in this subpara-
graph. A hearing officer, upon request, may grant  a  limited  and  time
specific  adjournment  that  would  extend the hearing beyond such sixty
days if the hearing officer determines that the delay is attributable to
a circumstance or occurrence substantially beyond  the  control  of  the
requesting  party  and an injustice would result if the adjournment were
not granted.
  (B) Such charges shall allege that the employing board  has  developed
and substantially implemented a teacher or principal improvement plan in
accordance  with  subdivision four of section three thousand twelve-c of
this article for the employee following the first  evaluation  in  which
the employee was rated ineffective, and the immediately preceding evalu-
ation  if  the  employee was rated developing. Notwithstanding any other
provision of law to the contrary, a pattern of ineffective  teaching  or
performance  as defined in section three thousand twelve-c of this arti-
cle shall constitute  very  significant  evidence  of  incompetence  for
purposes  of  this  section.  Nothing  in  this  subparagraph  shall  be
construed to limit the defenses which the employee may place before  the
hearing  officer  in challenging the allegation of a pattern of ineffec-
tive teaching or performance.
  (C) The commissioner shall annually inform all  hearing  officers  who
have heard cases pursuant to this section during the preceding year that
the  time  periods  prescribed in this subparagraph for conducting expe-
dited hearings are to be strictly followed. A record of continued  fail-
ure  to commence and complete expedited hearings within the time periods
prescribed in this subparagraph shall  be  considered  grounds  for  the
commissioner to exclude such individual from the list of potential hear-
ing officers sent to the employing board and the employee for such expe-
dited hearings.
  (ii)  The  hearing  officer  selected  to conduct a hearing under this
section shall, within ten to fifteen days of agreeing to serve [as such]

S. 6257--A                         24                         A. 9057--A

IN SUCH POSITION, hold a pre-hearing conference which shall be  held  in
the school district or county seat of the county, or any county, wherein
the  employing school board is located. The pre-hearing conference shall
be  limited in length to one day except that the hearing officer, in his
or her discretion, may allow one additional day for good cause shown.
  (iii) At the pre-hearing conference the hearing officer shall have the
power to:
  (A) issue subpoenas;
  (B) hear and decide all motions, including but not limited to  motions
to dismiss the charges;
  (C)  hear  and  decide  all  applications  for  bills of particular or
requests for production of materials or information, including, but  not
limited  to, any witness statement (or statements), investigatory state-
ment (or statements) or note (notes), exculpatory evidence or any  other
evidence,  including  district or student records, relevant and material
to the employee's defense.
  (iv) Any pre-hearing motion or application relative to the sufficiency
of the charges, application or amendment  thereof,  or  any  preliminary
matters shall be made upon written notice to the hearing officer and the
adverse  party no less than five days prior to the date of the pre-hear-
ing conference. Any pre-hearing motions  or  applications  not  made  as
provided  for  herein  shall  be  deemed waived except for good cause as
determined by the hearing officer.
  (v) In the event that at  the  pre-hearing  conference  the  employing
board  presents  evidence  that the professional license of the employee
has been revoked and all judicial and administrative remedies have  been
exhausted  or  foreclosed,  the hearing officer shall schedule the date,
time and place for an expedited hearing, which  hearing  shall  commence
not  more  than  seven  days  after the pre-hearing conference and which
shall be limited to one day. The expedited hearing shall be held in  the
local school district or county seat of the county or any county, where-
in  the said employing board is located. The expedited hearing shall not
be postponed except upon the request of a party and then only  for  good
cause  as determined by the hearing officer. At such hearing, each party
shall have equal time in which to present its case.
  (vi) During the pre-hearing  conference,  the  hearing  officer  shall
determine the reasonable amount of time necessary for a final hearing on
the  charge  or  charges  and  shall  schedule the location, time(s) and
date(s) for the final hearing. The final hearing shall be  held  in  the
local school district or county seat of the county, or any county, wher-
ein  the  said  employing school board is located. In the event that the
hearing officer determines that the nature  of  the  case  requires  the
final hearing to last more than one day, the days that are scheduled for
the  final  hearing  shall be consecutive. The day or days scheduled for
the final hearing shall not be postponed except upon the  request  of  a
party  and  then  only for good cause shown as determined by the hearing
officer. In all cases, the final hearing shall  be  completed  no  later
than  sixty  days  after  the  pre-hearing conference unless the hearing
officer determines that extraordinary circumstances  warrant  a  limited
extension.
  D.  LIMITATION  ON CLAIMS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
RULE OR REGULATION TO THE CONTRARY, NO PAYMENTS SHALL  BE  MADE  BY  THE
DEPARTMENT  PURSUANT  TO  THIS  SUBDIVISION ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE FOR: (I) COMPENSATION OF A HEARING  OFFICER  OR  HEARING
PANEL  MEMBER,  (II)  REIMBURSEMENT  OF  SUCH  HEARING OFFICERS OR PANEL
MEMBERS FOR NECESSARY TRAVEL OR OTHER  EXPENSES  INCURRED  BY  THEM,  OR

S. 6257--A                         25                         A. 9057--A

(III)  FOR  OTHER  HEARING  EXPENSES ON A CLAIM SUBMITTED LATER THAN ONE
YEAR AFTER THE FINAL DISPOSITION OF THE HEARING BY ANY MEANS,  INCLUDING
SETTLEMENT, OR WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARA-
GRAPH,  WHICHEVER  IS LATER; PROVIDED THAT NO PAYMENT SHALL BE BARRED OR
REDUCED WHERE SUCH PAYMENT IS REQUIRED AS A RESULT OF A COURT  ORDER  OR
JUDGMENT OR A FINAL AUDIT.
  4.  Post hearing procedures. [(a)] A. The hearing officer shall render
a written decision within thirty days of the last day of the final hear-
ing, or in the case of an expedited hearing  within  ten  days  of  such
expedited  hearing,  and shall [forthwith] forward a copy thereof to the
commissioner [of education] who shall immediately forward copies of  the
decision  to the employee and to the clerk or secretary of the employing
board. The written decision shall include the hearing officer's findings
of fact on each charge, his or  her  conclusions  with  regard  to  each
charge  based  on  said  findings  and shall state what penalty or other
action, if any, shall be taken by the employing board. At the request of
the employee, in determining what, if any, penalty or other action shall
be imposed, the hearing officer shall consider the extent to  which  the
employing  board  made  efforts  towards  correcting the behavior of the
employee which resulted in charges  being  brought  under  this  section
through  means  including  but  not limited to: remediation, peer inter-
vention or an employee assistance plan. In those cases where  a  penalty
is  imposed, such penalty may be a written reprimand, a fine, suspension
for a fixed time without pay, or dismissal. In addition to or in lieu of
the aforementioned penalties, the hearing officer, where he or she deems
appropriate, may impose upon the employee remedial action including  but
not  limited to leaves of absence with or without pay, continuing educa-
tion and/or study, a requirement that the employee  seek  counseling  or
medical  treatment  or that the employee engage in any other remedial or
combination of remedial actions.
  [(b)] B. Within fifteen days of receipt of the hearing officer's deci-
sion the employing board shall implement the decision. If  the  employee
is  acquitted  he  or  she shall be restored to his or her position with
full pay for any period  of  suspension  without  pay  and  the  charges
expunged from the employment record. If an employee who was convicted of
a felony crime specified in paragraph [(b)] B of subdivision two of this
section,  has  said conviction reversed, the employee, upon application,
shall be entitled to have his OR HER pay and other emoluments  restored,
for the period from the date of his OR HER suspension to the date of the
decision.
  [(c)]  C.  The  hearing officer shall indicate in the decision whether
any of the charges brought by the  employing  board  were  frivolous  as
defined  in  section [eight thousand three] EIGHTY-THREE hundred three-a
of the civil practice law and rules. If the hearing  [officers]  OFFICER
finds  that  all of the charges brought against the employee were frivo-
lous, the hearing officer shall order the employing board  to  reimburse
the  [state  education]  department the reasonable costs said department
incurred as a result of the proceeding and to reimburse the employee the
reasonable costs, including but not  limited  to  reasonable  attorneys'
fees,  the  employee  incurred  in defending the charges. If the hearing
officer finds that some but not all of the charges brought  against  the
employee  were  frivolous, the hearing officer shall order the employing
board to reimburse the [state education] department a  portion,  in  the
discretion  of the hearing officer, of the reasonable costs said depart-
ment incurred as a result of the proceeding and to reimburse the employ-
ee a portion, in the discretion of the hearing officer, of  the  reason-

S. 6257--A                         26                         A. 9057--A

able costs, including but not limited to reasonable attorneys' fees, the
employee incurred in defending the charges.
  5.  Appeal.  A.  Not  later than ten days after receipt of the hearing
officer's decision, the employee or the  employing  board  may  make  an
application  to the New York state supreme court to vacate or modify the
decision of the hearing officer  pursuant  to  section  [seven  thousand
five]  SEVENTY-FIVE  hundred eleven of the civil practice law and rules.
The court's review shall be limited to the grounds  set  forth  in  such
section.  The  hearing panel's determination shall be deemed to be final
for the purpose of such proceeding.
  B. In no case shall the filing or the pendency of an appeal delay  the
implementation of the decision of the hearing officer.
  S  2.  This act shall take effect immediately, except that if this act
shall have become a law on or after April 1, 2012 this  act  shall  take
effect  immediately  and  shall be deemed to have been in full force and
effect on and after April 1, 2012.

                                 PART C

  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 S of chapter 58 of the  laws  of  2011,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least [$130.00] $135.00 for each month beginning on or after
January first, two thousand [eleven] TWELVE.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to at least [$150.00] $155.00 for each month beginning on
or after January first, two thousand [eleven] TWELVE.
  (c) in the case of  each  individual  receiving  enhanced  residential
care,  an  amount  equal  to  at  least [$178.00] $184.00 for each month
beginning on or after January first, two thousand [eleven] TWELVE.
  (d) for the period commencing January  first,  two  thousand  [twelve]
THIRTEEN,  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  [twelve]  THIRTEEN,  but prior to June thirtieth, two thousand
[twelve] THIRTEEN, 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
S of chapter 58 of the laws of 2011, are amended to read as follows:
  (a) On and after January first, two thousand [eleven] TWELVE,  for  an
eligible individual living alone, [$761.00] $785.00; and for an eligible
couple living alone, [$1115.00] $1152.00.
  (b)  On  and after January first, two thousand [eleven] TWELVE, for an
eligible individual living with others with or without  in-kind  income,
[$697.00] $721.00; and for an eligible couple living with others with or
without in-kind income, [$1057.00] $1094.00.
  (c)  On and after January first, two thousand [eleven] TWELVE, (i) for
an eligible individual receiving family care, [$940.48] $964.48 if he or
she is receiving such care in the city of New  York  or  the  county  of

S. 6257--A                         27                         A. 9057--A

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 individ-
ual  receiving  such  care  in  any other county in the state, [$902.48]
$926.48; and (iv) for an eligible couple  receiving  such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (d) On and after January first, two thousand [eleven] TWELVE, (i)  for
an  eligible  individual receiving residential care, [$1109.00] $1133.00
if he or she is receiving such care in the city of New York or the coun-
ty 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
individual  receiving  such  care  in  any  other  county  in the state,
[$1079.00] $1103.00; 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 [eleven] TWELVE, for
an eligible individual receiving enhanced residential  care,  [$1368.00]
$1392.00; and (ii) for an eligible couple receiving enhanced residential
care,  two  times the amount set forth in subparagraph (i) of this para-
graph.
  (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 [twelve] THIRTEEN  but
prior to June thirtieth, two thousand [twelve] THIRTEEN.
  S 3. This act shall take effect July 1, 2012.

                                 PART D

  Section  1.  Paragraph  (a-3) of subdivision 2 of section 131-a of the
social services law, as amended by section 2 of part U of chapter 58  of
the  laws of 2011, is amended and a new paragraph (a-4) is added to read
as follows:
  (a-3) For the period beginning July first,  two  thousand  twelve  and
[thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, the following
schedule shall be the standard of monthly need for determining eligibil-
ity  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]
    $150        $239        $317        $409        $505        $583
  For each additional person in the household there shall  be  added  an
additional amount of [eighty-four] EIGHTY dollars monthly.
  (A-4)  FOR  THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
THEREAFTER, THE FOLLOWING 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        $336        $433        $534        $617

S. 6257--A                         28                         A. 9057--A

  FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL  BE  ADDED  AN
ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
  S  2.  Paragraph (a-3) of subdivision 3 of section 131-a of the social
services law, as amended by section 4 of part U of  chapter  58  of  the
laws  of  2011, is amended and a new paragraph (a-4) is added to read as
follows:
  (a-3) For the period beginning July first,  two  thousand  twelve  and
[thereafter]  ENDING  JUNE THIRTIETH, TWO THOUSAND THIRTEEN, 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
    [$158]      [$252]      [$335]      [$432]      [$533]      [$616]
    $150        $239        $317        $409        $505        $583
  For each additional person in the household there shall  be  added  an
additional amount of [eighty-four] EIGHTY dollars monthly.
  (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        $336        $433        $534        $617
  FOR  EACH  ADDITIONAL  PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART E

  Section  1. Paragraph (f) of subdivision 3 of section 22 of the social
services law, as relettered by chapter 611  of  the  laws  of  1979,  is
relettered  paragraph  (g)  and  a new paragraph (f) is added to read as
follows:
  (F) UNLESS AN AGREEMENT IS IN EFFECT  FOR  FEDERAL  ADMINISTRATION  OF
ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS
CHAPTER,  APPLICANTS  FOR AND RECIPIENTS OF ADDITIONAL STATE PAYMENTS AS
DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER;
AND
  S 2. Subdivision 2 of section 208 of the social services law, as added
by chapter 1080 of the laws of 1974, is amended to read as follows:
  2. "Additional state payments" shall mean payments made to aged, blind
and disabled persons who are receiving,  or  who  would  but  for  their
income  be  eligible  to  receive,  federal supplemental security income
benefits, whether made by [social  services  districts]  THE  OFFICE  OF
TEMPORARY AND DISABILITY ASSISTANCE in accordance with the provisions of
this title and with title sixteen of the federal social security act, or
by  the  [secretary]  COMMISSIONER of the [federal department of health,

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education and welfare] UNITED  STATES  SOCIAL  SECURITY  ADMINISTRATION,
pursuant  to  and in accordance with the provisions of this title, title
sixteen of the federal social security act, and provisions of any agree-
ment entered into between the state and such [secretary] COMMISSIONER by
which  the [secretary] COMMISSIONER agrees to administer such additional
state payments on behalf of the state.  SUCH PAYMENTS ARE EQUAL  TO  THE
STANDARD OF NEED, LESS THE GREATER OF THE FEDERAL BENEFIT RATE OR COUNT-
ABLE  INCOME.  FOR  PURPOSES  OF  THIS TITLE, THE "FEDERAL BENEFIT RATE"
SHALL MEAN THE MAXIMUM PAYMENT OF SUPPLEMENTAL SECURITY  INCOME  PAYABLE
TO A PERSON OR COUPLE WITH NO COUNTABLE INCOME.
  S 3. Section 208 of the social services law is amended by adding a new
subdivision 12 to read as follows:
  12.  THE  TERM  "STANDARD  OF  NEED" SHALL REFER SOLELY TO THE MAXIMUM
LEVEL OF INCOME A PERSON OR COUPLE MAY  HAVE  AND  REMAIN  ELIGIBLE  FOR
ADDITIONAL  STATE  PAYMENTS UNDER THIS TITLE. THE TERM APPLIES SOLELY TO
THE PROGRAM OF ADDITIONAL STATE PAYMENTS AND HAS NO APPLICATION  TO  ANY
OTHER PROGRAM OR BENEFIT.
  S  4.  Paragraph  (a)  of  subdivision  1 of section 209 of the social
services law, as added by chapter 1080 of the laws of 1974 and  subpara-
graph  (iv) as amended by chapter 214 of the laws of 1998, is amended to
read as follows:
  (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO PERSON SHALL BE ELIGI-
BLE FOR ANY PAYMENT PURSUANT TO THIS TITLE WHO IS INELIGIBLE FOR SUPPLE-
MENTAL SECURITY INCOME FOR ANY REASON OTHER THAN HAVING COUNTABLE INCOME
EXCEEDING THE FEDERAL BENEFIT RATE FOR SUCH PROGRAM. An individual shall
be eligible to receive additional  state  payments  if  he  OR  SHE  HAS
APPLIED FOR SUPPLEMENTAL SECURITY INCOME BENEFITS, HAS RECEIVED A DETER-
MINATION WITH RESPECT TO SUCH APPLICATION AND:
  (i) is over sixty-five years of age, or is blind or disabled; and
  (ii)  does  not have countable income in an amount equal to or greater
than the standard  of  need  established  in  subdivision  two  of  this
section; and
  (iii)  does  not  have  countable  resources  in an amount equal to or
greater than the amount of resources an individual or  couple  may  have
and  remain  eligible for supplemental security income benefits pursuant
to federal law and regulations of the department; and
  (iv) is a resident of the state and is either a citizen of the  United
States  or  is  not  an  alien who is or would be ineligible for federal
supplemental security income benefits solely by reason of alien status.
  S 5. Subdivision 1 of section  212  of  the  social  services  law  is
REPEALED and a new subdivision 1 is added to read as follows:
  1.  IF  THERE  IS NO AGREEMENT IN EFFECT FOR FEDERAL ADMINISTRATION OF
ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS
TITLE, THE COMMISSIONER  OF  THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
ASSISTANCE  SHALL BE RESPONSIBLE FOR PROVIDING SUCH PAYMENTS TO ELIGIBLE
RESIDENTS OF THE STATE AS REQUIRED BY THIS TITLE AND SHALL:
  (A) ACCEPT AND PROCESS APPLICATIONS FOR ADDITIONAL STATE  PAYMENTS  TO
BE MADE PURSUANT TO THIS TITLE;
  (B)  DETERMINE  ELIGIBILITY  FOR  AND  THE  AMOUNT OF ADDITIONAL STATE
PAYMENTS IN ACCORDANCE WITH THIS TITLE;
  (C) REDETERMINE ELIGIBILITY PERIODICALLY AS THE  OFFICE  MAY  REQUIRE;
PROVIDED,  HOWEVER,  THAT  ANY  SUCH  REDETERMINATIONS  SHALL BE NO MORE
FREQUENT THAN PROVIDED BY  THE  APPLICABLE  REGULATIONS  OF  THE  UNITED
STATES SOCIAL SECURITY ADMINISTRATION; AND
  (D)  TAKE  ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF
THIS TITLE.

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  S 6. Subparagraph 2 of paragraph (a) of subdivision 1 of  section  366
of  the  social  services  law,  as added by chapter 1080 of the laws of
1974, is amended to read as follows:
  (2)  is receiving or is eligible to receive federal supplemental secu-
rity income payments and/or additional state payments[, so long as there
is in effect an agreement between the state and the secretary of health,
education and welfare, pursuant to section three  hundred  sixty-three-b
of  this  title,  for  the federal determination of eligibility of aged,
blind and disabled persons for medical assistance, and so long  as  such
secretary requires, as a condition of entering into such agreement, that
such person be eligible for medical assistance] PURSUANT TO TITLE SIX OF
THIS  ARTICLE;  ANY  INCONSISTENT PROVISION OF THIS CHAPTER OR OTHER LAW
NOTWITHSTANDING, THE DEPARTMENT MAY DESIGNATE THE  OFFICE  OF  TEMPORARY
AND  DISABILITY ASSISTANCE AS ITS AGENT TO DISCHARGE ITS RESPONSIBILITY,
OR SO MUCH OF ITS RESPONSIBILITY AS IS PERMITTED  BY  FEDERAL  LAW,  FOR
DETERMINING  ELIGIBILITY  FOR MEDICAL ASSISTANCE WITH RESPECT TO PERSONS
WHO ARE NOT ELIGIBLE TO RECEIVE  FEDERAL  SUPPLEMENTAL  SECURITY  INCOME
PAYMENTS  BUT  WHO  ARE  RECEIVING  A  STATE  ADMINISTERED SUPPLEMENTARY
PAYMENT  OR  MANDATORY  MINIMUM  SUPPLEMENT  IN  ACCORDANCE   WITH   THE
PROVISIONS  OF  SUBDIVISION  ONE  OF  SECTION TWO HUNDRED TWELVE OF THIS
ARTICLE; or
  S 7. This act shall take effect immediately.

                                 PART F

  Section 1. Section 28 of part C of chapter 83 of  the  laws  of  2002,
amending  the executive law and other laws relating to funding for chil-
dren and family services, as amended by section 1 of part Q  of  chapter
57 of the laws of 2009, is amended to read as follows:
  S  28.  This act shall take effect immediately; provided that sections
nine through eighteen and twenty through twenty-seven of this act  shall
be  deemed  to  have been in full force and effect on and after April 1,
2002; provided, however, that section fifteen of this act shall apply to
claims that are otherwise reimbursable by the state on or after April 1,
2002 except as provided in subdivision 9 of section 153-k of the  social
services  law  as added by section fifteen of this act; provided further
however, that nothing in this act shall authorize the office of children
and family services to deny state reimbursement  to  a  social  services
district for violations of the provisions of section 153-d of the social
services  law  for  services provided from January 1, 1994 through March
31, 2002; provided that section nineteen of this act shall  take  effect
September  13,  2002  AND  SHALL  EXPIRE AND BE DEEMED REPEALED JUNE 30,
2012; and, provided further, however, that notwithstanding  any  law  to
the  contrary, the office of children and family services shall have the
authority to promulgate, on an emergency  basis,  any  rules  and  regu-
lations  necessary to implement the requirements established pursuant to
this act; provided further, however, that the regulations to  be  devel-
oped  pursuant  to section one of this act shall not be adopted by emer-
gency rule; and provided further that the provisions  of  sections  nine
THROUGH  EIGHTEEN  AND  TWENTY  through  twenty-seven  of this act shall
expire and be deemed repealed on June 30, [2012] 2017.
  S 2.  Paragraph (a) of subdivision 1 of section 153-k  of  the  social
services law, as added by section 15 of part C of chapter 83 of the laws
of 2002, is amended to read as follows:
  (a)  Expenditures  made by social services districts for child protec-
tive services, preventive services provided, as applicable, to  eligible

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children  and  families  of  children  who are in and out of foster care
placement, independent living services, aftercare services, and adoption
administration and  services  other  than  adoption  subsidies  provided
pursuant  to  article  six  of  this  chapter and the regulations of the
department of family assistance shall, if  approved  by  the  office  of
children  and  family  services,  be  subject  to [sixty-five] SIXTY-TWO
percent state reimbursement exclusive of any federal funds  made  avail-
able for such purposes, in accordance with the directives of the depart-
ment of family assistance and subject to the approval of the director of
the budget.
  S  3.  Paragraph  (a)  of subdivision 2 of section 153-k of the social
services law, as added by section 15 of part C of chapter 83 of the laws
of 2002, is amended to read as follows:
  (a) Notwithstanding the provisions of this chapter or of any other law
to the contrary, eligible expenditures by a social services district for
foster care  services  AND  KINSHIP  GUARDIANSHIP  ASSISTANCE  shall  be
subject  to  reimbursement with state funds only to the extent of annual
appropriations to the state foster care block grant.  Such  foster  care
services shall include expenditures for the provision and administration
of:  care,  maintenance,  supervision and tuition; supervision of foster
children placed in federally funded job corps programs; and care,  main-
tenance,  supervision  and  tuition for adjudicated juvenile delinquents
and persons in need of supervision placed in residential programs  oper-
ated  by  authorized  agencies and in out-of-state residential programs.
SUCH KINSHIP GUARDIANSHIP ASSISTANCE SHALL INCLUDE EXPENDITURES FOR  THE
PROVISION AND ADMINISTRATION OF KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS
AND  NON-RECURRING  GUARDIANSHIP  EXPENSES MADE PURSUANT TO TITLE TEN OF
ARTICLE SIX OF THIS CHAPTER. Social services districts must develop  and
implement  children  and  family  services  delivery  systems  that  are
designed to reduce the need for and the length of foster care placements
and must document their efforts in the multi-year consolidated  services
plan and the annual implementation reports submitted pursuant to section
thirty-four-a of this chapter.
  S  4.  Subdivision  1  of  section  456 of the social services law, as
amended by chapter 601 of the laws  of  1994,  is  amended  to  read  as
follows:
  1.  Payments  made  by  social  services  officials  pursuant  to  the
provisions of this title  shall,  if  approved  by  the  department,  be
subject  to  reimbursement  by  the  state, in accordance with the regu-
lations of the department as follows:   there  shall  be  paid  to  each
social  services district (a) the amount of federal funds, if any, prop-
erly received or to be received on account of  such  payments;  and  (b)
except  as  set forth below, [seventy-five] SIXTY-TWO per centum of such
payments after first deducting  therefrom  any  federal  funds  properly
received  or  to be received on account thereof; provided, however, that
when payments under section four hundred fifty-three of this  title  are
made to a person or persons residing in a social services district whose
board  rate  exceeds  that  of  the  district making such payments, that
portion of the payments which exceeds the board  rate  of  the  district
making  the  payments  shall be subject to reimbursement by the state in
the amount of one hundred per centum thereof, (c) one hundred per centum
of such payments after first deducting therefrom any federal funds prop-
erly to be received on account of such payments, for children placed out
for adoption by a voluntary authorized  agency  or  for  children  being
adopted  after  being  placed out for adoption by a voluntary authorized
agency in accordance with the provisions  of  this  title,  or  (d)  one

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hundred  per centum of such payments after first deducting therefrom any
federal funds properly to be received on account of such  payments,  for
children placed out for adoption or being adopted after being placed out
for  adoption  by  an Indian tribe as referenced in subdivision seven of
section four hundred fifty-one of this title.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012; provided,
however, that the amendments to paragraph (a) of subdivision 1 and para-
graph  (a)  of subdivision 2 of section 153-k of the social services law
made by sections two and three of this act shall not affect  the  repeal
of such section and shall be deemed repealed therewith.

                                 PART G

  Section  1.  This part enacts into law major components of legislation
which are necessary for establishing a juvenile justice  services  close
to  home initiative. Each component is wholly contained within a subpart
identified as subparts A through B. The effective date for each  partic-
ular  provision  contained  within such subpart is set forth in the last
section of such subpart. Any provision in any section contained within a
subpart, including the effective date of the subpart, which makes refer-
ence to a section "of this act",  when  used  in  connection  with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the subpart in which it is found.   Section four  of
this part sets forth the general effective date of this act.
  S 2. Legislative intent. In order to provide a juvenile justice system
that ensures public safety and improves short and long term outcomes for
youth  and  their  families,  it  is  the  intent of this legislation to
authorize the city of New York to provide juvenile justice  services  to
all  adjudicated  juvenile  delinquents  who reside in the city, and are
determined by the family court to need placement other than in a  secure
facility. This legislation aims to transform the juvenile justice system
by  authorizing  the city to develop a system for its youth that strives
to:
  a) provide an effective continuum of diversion, supervision, treatment
and confinement, ensuring that the least restrictive,  most  appropriate
level  of care is provided for all youth, consistent with public safety,
keeping youth close to home, minimizing the dislocation  of  youth  from
their families and building on positive connections between young people
and their communities;
  b)  provide  accountability of the system and organizations within the
system, ensuring that both internal and external  mechanisms  for  over-
sight of the system are maintained;
  c) be data-driven, ensuring that objective instruments are employed at
all key decision making stages and that system actors readily and trans-
parently share information to inform ongoing changes in policy and prac-
tice;
  d)  promote  family  and community involvement, ensuring that positive
family and community supports are actively engaged;
  e) be based on evidence-informed practices, ensuring that programs and
services provided are shown to have worked  in  improving  outcomes  for
youth,  maintaining  public  safety and reducing unnecessary confinement
and recidivism and unwarranted racial/ethnic disparities; and
  f) provide  effective  reintegration  services,  ensuring  that  youth
remain connected to appropriate educational services and positive behav-

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ioral  supports and/or treatment modalities upon transitioning home from
placement.

                                SUBPART A

  Section  1. The social services law is amended by adding a new section
404 to read as follows:
  S 404. JUVENILE JUSTICE SERVICES CLOSE  TO  HOME  INITIATIVE.    1.  A
SOCIAL  SERVICES  DISTRICT  IN A CITY WITH A POPULATION IN EXCESS OF ONE
MILLION MAY IMPLEMENT A CLOSE TO HOME  INITIATIVE  TO  PROVIDE  JUVENILE
JUSTICE SERVICES TO ALL ADJUDICATED JUVENILE DELINQUENTS DETERMINED BY A
FAMILY  COURT  IN  SUCH  DISTRICT  AS  NEEDING PLACEMENT OTHER THAN IN A
SECURE FACILITY AND TO ENTER INTO CONTRACTS WITH ANY AUTHORIZED  AGENCY,
AS  DEFINED  BY  SECTION  THREE  HUNDRED SEVENTY-ONE OF THIS CHAPTER, TO
OPERATE AND MAINTAIN NON-SECURE AND LIMITED SECURE FACILITIES.
  2. A SOCIAL SERVICES DISTRICT SHALL OBTAIN  PRIOR  APPROVAL  FROM  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES AND THE STATE DIVISION OF BUDGET
OF ITS PLAN FOR ESTABLISHING AND  IMPLEMENTING  SUCH  AN  INITIATIVE  IN
ACCORDANCE  WITH GUIDELINES ESTABLISHED AND IN THE FORMAT, AND INCLUDING
THE INFORMATION REQUIRED, BY SUCH OFFICE. SUCH DISTRICT MAY SUBMIT SEPA-
RATE PLANS FOR HOW THE DISTRICT WILL IMPLEMENT INITIATIVES FOR  JUVENILE
DELINQUENTS   PLACED  IN  NON-SECURE  SETTINGS  AND  IN  LIMITED  SECURE
SETTINGS. ANY SUCH PLAN SHALL SPECIFY, IN DETAIL, AS APPLICABLE:
  (A) HOW THE DISTRICT WILL PROVIDE A CONTINUUM  OF  EVIDENCE  INFORMED,
HIGH-QUALITY  COMMUNITY-BASED  AND  RESIDENTIAL  PROGRAMMING  THAT  WILL
PROTECT COMMUNITY SAFETY AND  PROVIDE  APPROPRIATE  SERVICES  TO  YOUTH,
INCLUDING  THE OPERATION OF NON-SECURE AND LIMITED SECURE FACILITIES, IN
SUFFICIENT CAPACITY AND IN A MANNER DESIGNED TO MEET THE NEEDS OF  JUVE-
NILE  DELINQUENTS CARED FOR UNDER THE INITIATIVE. SUCH PROGRAMMING SHALL
BE BASED ON AN ANALYSIS OF RECENT PLACEMENT TRENDS OF YOUTH FROM  WITHIN
SUCH DISTRICT, INCLUDING THE NUMBER OF YOUTH WHO HAVE BEEN PLACED IN THE
CUSTODY  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR PLACEMENT IN
OTHER THAN A SECURE FACILITY;
  (B) THE ANTICIPATED START-UP AND ON-GOING SERVICES AND  ADMINISTRATIVE
COSTS OF THE INITIATIVE;
  (C)  THE READINESS OF THE DISTRICT TO ESTABLISH THE INITIATIVE AND THE
AVAILABILITY OF ALL NEEDED RESOURCES, INCLUDING THE LOCATION OF SERVICES
AND AVAILABILITY OF  THE  PROVIDERS  THAT  WILL  PROVIDE  ALL  NECESSARY
SERVICES  UNDER  THE  INITIATIVE INCLUDING, BUT NOT LIMITED TO, RESIDEN-
TIAL, NON-RESIDENTIAL, EDUCATIONAL,  MEDICAL,  SUBSTANCE  ABUSE,  MENTAL
HEALTH AND AFTER CARE SERVICES AND COMMUNITY SUPERVISION;
  (D)  THE  PROPOSED EFFECTIVE DATE OF THE PLAN AND DOCUMENTATION OF THE
DISTRICT'S READINESS TO BEGIN ACCEPTING AND APPROPRIATELY SERVING  JUVE-
NILE DELINQUENTS UNDER THE PLAN;
  (E)  HOW  THE DISTRICT WILL PROVIDE NECESSARY AND APPROPRIATE STAFFING
TO IMPLEMENT THE INITIATIVE;
  (F) HOW THE DISTRICT WILL MONITOR THE QUALITY OF SERVICES PROVIDED  TO
YOUTH, INCLUDING HOW THE DISTRICT WILL PROVIDE CASE MANAGEMENT SERVICES;
  (G) HOW, THROUGHOUT THE INITIATIVE, THE DISTRICT WILL SEEK AND RECEIVE
ON-GOING  COMMUNITY AND STAKEHOLDER INPUT RELATING TO THE IMPLEMENTATION
AND EFFECTIVENESS OF THE INITIATIVE;
  (H) HOW THE DISTRICT WILL ENSURE THAT ALL STAFF WORKING DIRECTLY  WITH
YOUTH  SERVED UNDER THE INITIATIVE HAVE RECEIVED NECESSARY AND APPROPRI-
ATE TRAINING;
  (I) HOW THE DISTRICT WILL MONITOR THE  USE  OF  RESTRAINTS  ON  YOUTH,
INCLUDING, BUT NOT LIMITED TO, THE USE OF MECHANICAL RESTRAINTS;

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  (J)  HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMS AND POLICIES
TO ENSURE PROGRAM SAFETY AND THAT  YOUTH  RECEIVE  APPROPRIATE  SERVICES
BASED ON THEIR NEEDS, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL, BEHAV-
IORAL,  MENTAL  HEALTH  AND  SUBSTANCE ABUSE SERVICES IN ACCORDANCE WITH
INDIVIDUALIZED TREATMENT PLANS DEVELOPED FOR EACH YOUTH;
  (K)  HOW  THE  DISTRICT  WILL  DEVELOP  AND  IMPLEMENT GENDER SPECIFIC
PROGRAMMING AND POLICIES TO MEET THE SPECIALIZED NEEDS OF LESBIAN,  GAY,
BISEXUAL OR TRANSGENDER YOUTH;
  (L)  HOW  THE  DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMMING THAT IS
CULTURALLY COMPETENT TO MEET THE DIVERSE NEEDS OF THE YOUTH;
  (M) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT  LOCAL  PROGRAMS  THAT
WILL  SEEK TO REDUCE THE DISPROPORTIONATE PLACEMENT OF MINORITY YOUTH IN
RESIDENTIAL PROGRAMS IN THE JUVENILE JUSTICE SYSTEM;
  (N) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A PLAN TO  REDUCE  THE
NUMBER OF YOUTH ABSENT WITHOUT LEAVE FROM PLACEMENT;
  (O)  HOW  THE  DISTRICT  WILL  DEVELOP AND IMPLEMENT POLICIES TO SERVE
YOUTH IN THE LEAST RESTRICTIVE SETTING  CONSISTENT  WITH  THE  NEEDS  OF
YOUTH AND PUBLIC SAFETY, AND TO AVOID MODIFICATIONS OF PLACEMENTS TO THE
OFFICE OF CHILDREN AND FAMILY SERVICES;
  (P)  HOW THE DISTRICT WILL ENGAGE IN PERMANENCY AND DISCHARGE PLANNING
FOR JUVENILE DELINQUENTS PLACED IN ITS CUSTODY;
  (Q) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A COMPREHENSIVE  AFTER
CARE  PROGRAM TO PROVIDE SERVICES AND SUPPORTS FOR YOUTH WHO HAVE RE-EN-
TERED THE COMMUNITY FOLLOWING A  JUVENILE  JUSTICE  PLACEMENT  WITH  THE
DISTRICT;
  (R)  HOW  THE  DISTRICT WILL DEVELOP AND IMPLEMENT POLICIES FOCUSED ON
REDUCING RECIDIVISM OF YOUTH WHO LEAVE THE PROGRAM;
  (S) HOW THE LOCAL PROBATION DEPARTMENT WILL IMPLEMENT A  COMPREHENSIVE
PREDISPOSITION INVESTIGATION PROCESS THAT INCLUDES, AT LEAST, THE USE OF
APPROPRIATE      ASSESSMENTS     TO     DETERMINE     THE     COGNITIVE,
EDUCATIONAL/VOCATIONAL, AND SUBSTANCE ABUSE NEEDS OF THE YOUTH  AND  THE
USE OF A VALIDATED RISK ASSESSMENT INSTRUMENT, APPROVED BY THE OFFICE OF
CHILDREN  AND  FAMILY  SERVICES;  AND HOW THE DISTRICT WILL IMPLEMENT AN
INTAKE PROCESS FOR YOUTH PLACED IN RESIDENTIAL CARE  THAT  INCLUDES  THE
USE  OF APPROPRIATE ASSESSMENTS TO DETERMINE THE MEDICAL, DENTAL, MENTAL
AND BEHAVIORAL HEALTH NEEDS OF THE YOUTH; AND
  (T) HOW THE DISTRICT WILL PROVIDE  FOR  THE  RESTRICTIVE  SETTING  AND
PROGRAMS NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE
SETTING  CONSISTENT  WITH THE NECESSITY FOR THE PROTECTION OF THE HEALTH
OR SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY OR THE SURROUNDING
COMMUNITY.
  3. PRIOR TO SUBMITTING ANY PLAN PURSUANT TO SUBDIVISION  TWO  OF  THIS
SECTION,  THE SOCIAL SERVICES DISTRICT SHALL CONDUCT AT LEAST ONE PUBLIC
HEARING ON THE PROPOSED PLAN. ANY SUCH PUBLIC  HEARINGS  SHALL  ONLY  BE
HELD AFTER THIRTY DAYS NOTICE HAS BEEN PROVIDED IN A NEWSPAPER OF GENER-
AL  CIRCULATION  WITHIN  THE  JURISDICTION FOR WHICH THE SOCIAL SERVICES
DISTRICT IS LOCATED. THE NOTICE SHALL SPECIFY THE TIMES  OF  THE  PUBLIC
HEARING  AND  PROVIDE INFORMATION ON HOW WRITTEN COMMENT ON THE PLAN MAY
BE SUBMITTED TO THE DISTRICT FOR CONSIDERATION.    ADDITIONALLY,  FOR  A
PERIOD  OF  AT  LEAST THIRTY DAYS PRIOR TO A HEARING, THE DISTRICT SHALL
POST ON ITS WEBSITE A NOTICE OF THE HEARING,  A  COPY  OF  THE  PROPOSED
PLAN, AND INFORMATION ON HOW WRITTEN COMMENTS ON THE PLAN MAY BE SUBMIT-
TED TO THE DISTRICT FOR CONSIDERATION.
  4.  THE  SOCIAL  SERVICES  DISTRICT SHALL SUBMIT, WITH SUCH A PLAN, AN
ASSESSMENT OF ANY WRITTEN COMMENTS RECEIVED, AND ANY COMMENTS  PRESENTED
AT THE PUBLIC HEARING. AT A MINIMUM, SUCH ASSESSMENT SHALL CONTAIN:

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  (A) A SUMMARY AND ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT ALTER-
NATIVES SUGGESTED;
  (B)  A  STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
NOT INCORPORATED INTO THE PLAN; AND
  (C) A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF  SUCH
COMMENTS.
  5.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATE DIVISION
OF BUDGET, IN CONSULTATION WITH THE OFFICE OF MENTAL  HEALTH,  SHALL  BE
AUTHORIZED TO REQUEST AMENDMENTS TO ANY PLAN PRIOR TO APPROVAL.  FOR ANY
PLAN   THAT  ONLY  COVERS  JUVENILE  DELINQUENTS  PLACED  IN  NON-SECURE
SETTINGS, THE OFFICE AND THE  DIVISION  SHALL,  WITHIN  THIRTY  DAYS  OF
RECEIVING  THE  PLAN,  EITHER  APPROVE OR DISAPPROVE THE PLAN OR REQUEST
AMENDMENTS TO THE PLAN. IF ANY AMENDMENTS ARE REQUESTED TO THE PLAN, THE
OFFICE AND THE DIVISION SHALL APPROVE  OR  DISAPPROVE  THE  PLAN  WITHIN
FIFTEEN  DAYS OF ITS RESUBMISSION WITH THE REQUESTED AMENDMENTS. FOR ANY
PLAN THAT COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS,
THE OFFICE AND THE DIVISION SHALL, WITHIN SIXTY DAYS  OF  RECEIVING  THE
PLAN, EITHER APPROVE OR DISAPPROVE THE PLAN OR REQUEST AMENDMENTS TO THE
PLAN.  IF  ANY  AMENDMENTS ARE REQUESTED TO THE PLAN, THE OFFICE AND THE
DIVISION SHALL APPROVE OR DISAPPROVE THE PLAN WITHIN FIFTEEN DAYS OF ITS
RESUBMISSION WITH THE REQUESTED AMENDMENTS.
  6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IF
THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES APPROVES A SOCIAL SERVICES
DISTRICT'S PLAN TO IMPLEMENT A JUVENILE JUSTICE SERVICES CLOSE  TO  HOME
INITIATIVE  FOR JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, SUCH
OFFICE SHALL WORK WITH SUCH DISTRICT TO IDENTIFY THOSE  JUVENILE  DELIN-
QUENTS  IN  THE  OFFICE'S  CUSTODY RESIDING IN NON-SECURE PLACEMENTS AND
THOSE CONDITIONALLY RELEASED FROM A FACILITY WHO WERE PLACED BY A FAMILY
COURT WITHIN THE JURISDICTION OF  SAID  SOCIAL  SERVICES  DISTRICT.  THE
OFFICE  SHALL  EVALUATE THE PLACEMENT LENGTH AND THE NEEDS OF SUCH JUVE-
NILE DELINQUENTS AND, WHERE APPROPRIATE, FILE  A  PETITION  PURSUANT  TO
SECTION  355.1 OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH YOUTH
TO SAID SOCIAL SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE  PLAN,  OR
AS  SOON  AS  APPROPRIATE  THEREAFTER, BUT IN NO EVENT LATER THAN NINETY
DAYS AFTER SUCH EFFECTIVE DATE; PROVIDED, HOWEVER, IF THE OFFICE  DETER-
MINES,  ON  A  CASE-BY-CASE  BASIS,  FOR  REASONS  DOCUMENTED IN WRITING
SUBMITTED TO THE SOCIAL SERVICES DISTRICT, THAT A TRANSFER WITHIN NINETY
DAYS OF THE EFFECTIVE DATE OF THE  PLAN  WOULD  BE  DETRIMENTAL  TO  THE
EMOTIONAL,  MENTAL  OR  PHYSICAL  HEALTH  OF A YOUTH, OR WOULD SERIOUSLY
INTERFERE WITH THE YOUTH'S INTERSTATE TRANSFER  OR  IMMINENT  DISCHARGE,
THE  OFFICE  SHALL PROVIDE AN ESTIMATED TIME BY WHICH THE OFFICE EXPECTS
TO BE ABLE TO PETITION FOR THE TRANSFER OF SUCH YOUTH OR TO RELEASE SUCH
YOUTH FROM ITS CARE, AND SHALL NOTIFY THE DISTRICT OF ANY DELAY OF  THAT
EXPECTED DATE AND THE REASONS FOR SUCH A DELAY.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
OFFICE  APPROVES  A SOCIAL SERVICES DISTRICT'S PLAN TO IMPLEMENT A JUVE-
NILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE FOR JUVENILE  DELINQUENTS
PLACED  IN  LIMITED-SECURE  SETTINGS,  SUCH  OFFICE SHALL WORK WITH SUCH
DISTRICT TO IDENTIFY JUVENILE DELINQUENTS IN THE OFFICE'S CUSTODY RESID-
ING IN LIMITED SECURE PLACEMENTS WHO WERE PLACED BY A  FAMILY  COURT  IN
THE SOCIAL SERVICES DISTRICT. THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL  EVALUATE  THE  PLACEMENT LENGTH AND NEEDS OF SUCH JUVENILE DELIN-
QUENTS AND, WHERE APPROPRIATE, FILE A PETITION PURSUANT TO SECTION 355.1
OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH YOUTH TO SAID SOCIAL
SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE PLAN OR AS SOON AS APPRO-
PRIATE THEREAFTER, BUT IN NO EVENT LATER THAN  NINETY  DAYS  AFTER  SUCH

S. 6257--A                         36                         A. 9057--A

EFFECTIVE  DATE; PROVIDED, HOWEVER, IF THE OFFICE DETERMINES, ON A CASE-
BY-CASE BASIS, FOR REASONS DOCUMENTED IN WRITING SUBMITTED TO THE SOCIAL
SERVICES DISTRICT, THAT A TRANSFER WITHIN NINETY DAYS OF  THE  EFFECTIVE
DATE  OF THE PLAN WOULD BE DETRIMENTAL TO THE EMOTIONAL, MENTAL OR PHYS-
ICAL HEALTH OF A YOUTH, OR WOULD SERIOUSLY INTERFERE  WITH  THE  YOUTH'S
INTERSTATE  TRANSFER  OR IMMINENT DISCHARGE, THE OFFICE SHALL PROVIDE AN
ESTIMATED TIME BY WHICH THE OFFICE EXPECTS TO BE ABLE  TO  PETITION  FOR
THE  TRANSFER  OF SUCH YOUTH OR TO RELEASE SUCH YOUTH FROM ITS CARE, AND
SHALL NOTIFY THE DISTRICT OF ANY DELAY OF THAT  EXPECTED  DATE  AND  THE
REASONS FOR SUCH A DELAY.
  7.  (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION
FIFTEEN OF SECTION FIVE HUNDRED ONE OF THE EXECUTIVE LAW, OR  ANY  OTHER
LAW  TO  THE  CONTRARY,  IF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES
APPROVES A SOCIAL  SERVICES  DISTRICT'S  PLAN  FOR  A  JUVENILE  JUSTICE
SERVICES  CLOSE  TO  HOME  INITIATIVE TO IMPLEMENT SERVICES FOR JUVENILE
DELINQUENTS PLACED IN NON-SECURE OR LIMITED SECURE SETTINGS, SUCH OFFICE
SHALL BE AUTHORIZED, FOR UP TO A YEAR AFTER THE EFFECTIVE  DATE  OF  ANY
SUCH  PLAN:  (1)  TO  CLOSE  ANY  OF ITS FACILITIES IN THE CORRESPONDING
SETTING LEVELS COVERED BY THE APPROVED  PLAN  AND  TO  MAKE  SIGNIFICANT
ASSOCIATED  SERVICE  REDUCTIONS  AND PUBLIC EMPLOYEE STAFFING REDUCTIONS
AND TRANSFER OPERATIONS  FOR  THOSE  SETTING  LEVELS  TO  A  PRIVATE  OR
NOT-FOR-PROFIT  ENTITY,  AS DETERMINED BY THE COMMISSIONER OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES TO BE NECESSARY TO REFLECT THE  DECREASE
IN  THE NUMBER OF JUVENILE DELINQUENTS PLACED WITH SUCH OFFICE FROM SUCH
SOCIAL SERVICES DISTRICT; (2) TO REDUCE COSTS TO  THE  STATE  AND  OTHER
SOCIAL  SERVICES  DISTRICTS  RESULTING  FROM  SUCH  DECREASE; AND (3) TO
ADJUST SERVICES TO PROVIDE REGIONALLY-BASED CARE TO JUVENILE DELINQUENTS
FROM OTHER PARTS OF THE STATE NEEDING SERVICES IN THOSE LEVELS OF  RESI-
DENTIAL  SERVICES.  AT LEAST SIXTY DAYS PRIOR TO TAKING ANY SUCH ACTION,
THE COMMISSIONER OF THE OFFICE SHALL PROVIDE NOTICE OF  SUCH  ACTION  TO
THE  SPEAKER  OF  THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE
AND SHALL POST SUCH NOTICE UPON ITS PUBLIC WEBSITE. SUCH NOTICE  MAY  BE
PROVIDED  AT  ANY  TIME  ON OR AFTER THE DATE THE OFFICE APPROVES A PLAN
AUTHORIZING A SOCIAL SERVICES DISTRICT TO IMPLEMENT PROGRAMS  FOR  JUVE-
NILE  DELINQUENTS  PLACED  IN THE APPLICABLE SETTING LEVEL. SUCH COMMIS-
SIONER SHALL BE AUTHORIZED TO CONDUCT ANY AND  ALL  PREPARATORY  ACTIONS
WHICH MAY BE REQUIRED TO EFFECTUATE SUCH CLOSURES OR SIGNIFICANT SERVICE
OR  STAFFING REDUCTIONS AND TRANSFER OF OPERATIONS DURING SUCH SIXTY DAY
PERIOD.
  (B) ANY TRANSFERS OF CAPACITY OR ANY RESULTING TRANSFER  OF  FUNCTIONS
SHALL  BE  AUTHORIZED  TO  BE  MADE BY THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND ANY TRANSFER  OF  PERSONNEL  UPON  SUCH
TRANSFER  OF  CAPACITY OR TRANSFER OF FUNCTIONS SHALL BE ACCOMPLISHED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SEVENTY OF THE  CIVIL  SERVICE
LAW.
  8.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY,
ELIGIBLE EXPENDITURES DURING THE  APPLICABLE  TIME  PERIODS  MADE  BY  A
SOCIAL SERVICES DISTRICT FOR AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
TO  HOME  INITIATIVE  SHALL,  IF  APPROVED  BY  THE DEPARTMENT OF FAMILY
ASSISTANCE, BE SUBJECT TO REIMBURSEMENT WITH STATE FUNDS ONLY UP TO  THE
EXTENT  OF  AN  ANNUAL  APPROPRIATION  MADE SPECIFICALLY THEREFOR, AFTER
FIRST DEDUCTING THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR  TO  BE
RECEIVED  ON  ACCOUNT  THEREOF;  PROVIDED, HOWEVER, THAT WHEN SUCH FUNDS
HAVE BEEN EXHAUSTED,  A  SOCIAL  SERVICES  DISTRICT  MAY  RECEIVE  STATE
REIMBURSEMENT  FROM  OTHER AVAILABLE STATE APPROPRIATIONS FOR THAT STATE
FISCAL YEAR FOR ELIGIBLE EXPENDITURES FOR SERVICES THAT OTHERWISE  WOULD

S. 6257--A                         37                         A. 9057--A

BE  REIMBURSABLE  UNDER  SUCH FUNDING STREAMS. ANY CLAIMS SUBMITTED BY A
SOCIAL SERVICES DISTRICT FOR REIMBURSEMENT FOR A PARTICULAR STATE FISCAL
YEAR FOR WHICH THE SOCIAL  SERVICES  DISTRICT  DOES  NOT  RECEIVE  STATE
REIMBURSEMENT  FROM  THE  ANNUAL APPROPRIATION FOR THE APPROVED CLOSE TO
HOME INITIATIVE MAY NOT BE CLAIMED AGAINST THAT DISTRICT'S APPROPRIATION
FOR THE INITIATIVE FOR THE NEXT OR ANY SUBSEQUENT STATE FISCAL YEAR.
  (I) STATE FUNDING FOR REIMBURSEMENT SHALL  BE,  SUBJECT  TO  APPROPRI-
ATION,  IN  THE  FOLLOWING  AMOUNTS:  FOR  STATE  FISCAL  YEAR  2013-14,
$35,200,000 ADJUSTED BY ANY CHANGES IN SUCH AMOUNT REQUIRED BY  SUBPARA-
GRAPHS  (II) AND (III) OF THIS PARAGRAPH; FOR STATE FISCAL YEAR 2014-15,
$41,400,000 ADJUSTED TO INCLUDE THE AMOUNT OF ANY CHANGES  MADE  TO  THE
STATE  FISCAL  YEAR  2013-14  APPROPRIATION UNDER SUBPARAGRAPHS (II) AND
(III) OF THIS PARAGRAPH PLUS ANY ADDITIONAL  CHANGES  REQUIRED  BY  SUCH
SUBPARAGRAPHS;  AND,  SUCH  REIMBURSEMENT SHALL BE, SUBJECT TO APPROPRI-
ATION, FOR ALL SUBSEQUENT STATE FISCAL YEARS IN THE AMOUNT OF THE  PRIOR
YEAR'S ACTUAL APPROPRIATION ADJUSTED BY ANY CHANGES REQUIRED BY SUBPARA-
GRAPHS (II) AND (III) OF THIS PARAGRAPH.
  (II)  THE  REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL BE INCREASED OR DECREASED BY  THE  PERCENTAGE  THAT  THE
AVERAGE  OF THE MOST RECENTLY APPROVED MAXIMUM STATE AID RATES FOR GROUP
RESIDENTIAL FOSTER CARE PROGRAMS IS HIGHER OR LOWER THAN THE AVERAGE  OF
THE  APPROVED  MAXIMUM STATE AID RATES FOR GROUP RESIDENTIAL FOSTER CARE
PROGRAMS IN EXISTENCE IMMEDIATELY PRIOR TO THE  MOST  RECENTLY  APPROVED
RATES.
  (III)  THE REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL BE INCREASED IF EITHER THE POPULATION OF  ALLEGED  JUVE-
NILE  DELINQUENTS  WHO RECEIVE A PROBATION INTAKE OR THE NUMBER OF YOUTH
WITH A DISPOSITION FROM THE FAMILY COURT WHO ARE DETERMINED TO  BE  HIGH
RISK,  AS  DEFINED  IN  CLAUSE (A) OF THIS SUBPARAGRAPH, INCREASES BY AT
LEAST TEN PERCENT OVER THE RESPECTIVE POPULATION IN THE ANNUAL  BASELINE
YEAR.  THE  BASELINE YEAR SHALL BE THE PERIOD FROM JULY FIRST, TWO THOU-
SAND TEN THROUGH JUNE THIRTIETH, TWO THOUSAND ELEVEN OR THE MOST  RECENT
TWELVE  MONTH  PERIOD  FOR  WHICH  THERE  IS COMPLETE DATA, WHICHEVER IS
LATER.  IN EACH SUCCESSIVE YEAR, THE POPULATION  OF  THE  PREVIOUS  JULY
FIRST  THROUGH  JUNE  THIRTIETH PERIOD SHALL BE COMPARED TO THE BASELINE
YEAR FOR DETERMINING ANY ADJUSTMENTS TO A STATE  FISCAL  YEAR  APPROPRI-
ATION.    WHEN  EITHER  POPULATION INCREASES BY TEN PERCENT OR MORE, THE
REIMBURSEMENT WILL BE ADJUSTED BY A PERCENTAGE EQUAL TO  THE  LARGER  OF
THE  PERCENTAGE  INCREASE  IN EITHER THE NUMBER OF PROBATION INTAKES FOR
ALLEGED JUVENILE DELINQUENTS OR THE NUMBER OF HIGH RISK YOUTH.
  (A) FOR THE PURPOSES OF THIS SUBPARAGRAPH, HIGH RISK YOUTH SHALL  MEAN
YOUTH  WHO  ARE CATEGORIZED BY THE NEW YORK CITY DEPARTMENT OF PROBATION
STRUCTURED DECISION MAKING GRID (OR ANY SUCCESSOR RISK  ASSESSMENT  TOOL
APPROVED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES IN CONSULTATION
WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES) AS EITHER AT  HIGH  RISK
FOR RE-ARREST IN CASES WHERE THE MOST SERIOUS CURRENT ARREST CHARGE IS A
CLASS  I  OR  II OR AT MEDIUM RISK FOR RE-ARREST IN CASES WHERE THE MOST
SERIOUS CURRENT ARREST CHARGE IS A CLASS I.
  (B) THE SOCIAL SERVICES DISTRICT AND/OR THE NEW YORK  CITY  DEPARTMENT
OF  PROBATION SHALL PROVIDE AN ANNUAL REPORT INCLUDING THE DATA REQUIRED
TO CALCULATE THE POPULATION ADJUSTMENT TO THE NEW YORK  CITY  OFFICE  OF
MANAGEMENT AND BUDGET, THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
STATE  DIVISION  OF  THE BUDGET NO LATER THAN THE FIRST DAY OF SEPTEMBER
FOLLOWING THE CLOSE OF THE PREVIOUS JULY FIRST  THROUGH  JUNE  THIRTIETH
PERIOD.

S. 6257--A                         38                         A. 9057--A

  (B)  THE  DEPARTMENT  OF  FAMILY  ASSISTANCE  IS  AUTHORIZED,  IN  ITS
DISCRETION, TO MAKE ADVANCES TO A SOCIAL  SERVICES  DISTRICT  IN  ANTIC-
IPATION OF THE STATE REIMBURSEMENT PROVIDED FOR IN THIS SECTION.
  (C)  A  SOCIAL  SERVICES  DISTRICT  SHALL CONDUCT ELIGIBILITY DETERMI-
NATIONS FOR FEDERAL AND STATE FUNDING AND SUBMIT CLAIMS  FOR  REIMBURSE-
MENT  IN  SUCH FORM AND MANNER AND AT SUCH TIMES AND FOR SUCH PERIODS AS
THE DEPARTMENT OF FAMILY ASSISTANCE SHALL DETERMINE.
  (D) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR REGULATION OF
THE DEPARTMENT OF FAMILY ASSISTANCE, STATE REIMBURSEMENT  SHALL  NOT  BE
MADE FOR ANY EXPENDITURE MADE FOR THE DUPLICATION OF ANY GRANT OR ALLOW-
ANCE FOR ANY PERIOD.
  (E)  CLAIMS  SUBMITTED BY A SOCIAL SERVICES DISTRICT FOR REIMBURSEMENT
SHALL BE PAID AFTER DEDUCTING ANY EXPENDITURES DEFRAYED BY  FEES,  THIRD
PARTY  REIMBURSEMENT,  AND  ANY NON-TAX LEVY FUNDS INCLUDING ANY DONATED
FUNDS.
  (F) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT REIMBURSE ANY
CLAIMS FOR EXPENDITURES FOR RESIDENTIAL SERVICES THAT ARE SUBMITTED MORE
THAN TWENTY-TWO MONTHS AFTER THE CALENDAR QUARTER IN WHICH THE  EXPENDI-
TURES WERE MADE.
  (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE SHALL NOT BE
RESPONSIBLE  FOR  REIMBURSING  A SOCIAL SERVICES DISTRICT AND A DISTRICT
SHALL NOT SEEK STATE REIMBURSEMENT FOR ANY PORTION OF ANY  STATE  DISAL-
LOWANCE  OR  SANCTION TAKEN AGAINST THE SOCIAL SERVICES DISTRICT, OR ANY
FEDERAL DISALLOWANCE ATTRIBUTABLE TO FINAL FEDERAL AGENCY  DECISIONS  OR
TO SETTLEMENTS MADE, WHEN SUCH DISALLOWANCE OR SANCTION RESULTS FROM THE
FAILURE  OF THE SOCIAL SERVICES DISTRICT TO COMPLY WITH FEDERAL OR STATE
REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, FAILURE TO DOCUMENT  ELIGI-
BILITY FOR THE FEDERAL OR STATE FUNDS IN THE CASE RECORD.  TO THE EXTENT
THAT THE SOCIAL SERVICES DISTRICT HAS SUFFICIENT CLAIMS OTHER THAN THOSE
THAT ARE SUBJECT TO DISALLOWANCE OR SANCTION TO DRAW DOWN THE FULL ANNU-
AL  APPROPRIATION,  SUCH  DISALLOWANCE OR SANCTION SHALL NOT RESULT IN A
REDUCTION IN PAYMENT OF STATE FUNDS TO THE DISTRICT UNLESS THE  DISTRICT
REQUESTS  THAT  THE DEPARTMENT USE A PORTION OF THE APPROPRIATION TOWARD
MEETING THE DISTRICT'S RESPONSIBILITY TO REPAY  THE  FEDERAL  GOVERNMENT
FOR THE DISALLOWANCE OR SANCTION AND ANY RELATED INTEREST PAYMENTS.
  (H) RATES FOR RESIDENTIAL SERVICES. (I) THE OFFICE SHALL ESTABLISH THE
RATES,  IN  ACCORDANCE WITH SECTION THREE HUNDRED NINETY-EIGHT-A OF THIS
CHAPTER, FOR ANY NON-SECURE FACILITIES  ESTABLISHED  UNDER  AN  APPROVED
JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE. FOR ANY SUCH NON-SE-
CURE  FACILITY  THAT  WILL  BE  USED  PRIMARILY  BY  THE SOCIAL SERVICES
DISTRICT WITH AN APPROVED CLOSE TO HOME INITIATIVE, FINAL AUTHORITY  FOR
ESTABLISHMENT  OF  SUCH  RATES  AND ANY ADJUSTMENTS THERETO SHALL RESIDE
WITH THE OFFICE, BUT SUCH RATES AND ANY  ADJUSTMENTS  THERETO  SHALL  BE
ESTABLISHED  ONLY  UPON  THE  REQUEST OF, AND IN CONSULTATION WITH, SUCH
SOCIAL SERVICES DISTRICT.
  (II) A SOCIAL SERVICES DISTRICT  WITH  AN  APPROVED  JUVENILE  JUSTICE
SERVICES  CLOSE  TO  HOME  INITIATIVE FOR JUVENILE DELINQUENTS PLACED IN
LIMITED SECURE SETTINGS  SHALL  HAVE  THE  AUTHORITY  TO  ESTABLISH  AND
ADJUST,  ON  AN  ANNUAL  OR REGULAR BASIS, MAINTENANCE RATES FOR LIMITED
SECURE FACILITIES PROVIDING RESIDENTIAL SERVICES UNDER SUCH  INITIATIVE.
SUCH  RATES  SHALL  NOT  BE  SUBJECT  TO THE PROVISIONS OF SECTION THREE
HUNDRED NINETY-EIGHT-A OF THIS CHAPTER BUT SHALL BE SUBJECT  TO  MAXIMUM
COST LIMITS ESTABLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  9.  UPON  APPROVAL OF A SOCIAL SERVICES DISTRICT'S PLAN, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL NOTIFY THE SUPERVISING  FAMILY  COURT

S. 6257--A                         39                         A. 9057--A

JUDGE  RESPONSIBLE  FOR  THE  FAMILY COURTS SERVING SUCH DISTRICT OF THE
EFFECTIVE DATE AND PLACEMENT SETTINGS COVERED BY THE PLAN.
  (A) BEGINNING ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED PLAN THAT
ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, A FAMILY
COURT  JUDGE  SERVING IN A COUNTY WHERE SUCH SOCIAL SERVICES DISTRICT IS
LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN ADJUDICATED JUVENILE DELIN-
QUENT IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF  CHILDREN  AND
FAMILY  SERVICES  FOR  PLACEMENT  IN A SECURE OR LIMITED SECURE FACILITY
PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT.
  (B) BEGINNING ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED  PLAN  TO
IMPLEMENT  PROGRAMS  FOR  JUVENILE  DELINQUENTS PLACED IN LIMITED SECURE
SETTINGS, A FAMILY COURT JUDGE SERVING IN A  COUNTY  WHERE  SUCH  SOCIAL
SERVICES  DISTRICT IS LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN ADJU-
DICATED JUVENILE DELINQUENT IN THE CUSTODY OF THE  COMMISSIONER  OF  THE
OFFICE OF CHILDREN AND FAMILY SERVICES FOR PLACEMENT IN A SECURE FACILI-
TY PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT.
  10. IF THE SOCIAL SERVICES DISTRICT RECEIVES THE NECESSARY APPROVAL TO
IMPLEMENT  A  CLOSE TO HOME INITIATIVE, THE DISTRICT SHALL IMPLEMENT THE
INITIATIVE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS  AND
REGULATIONS.    IF  THE  SOCIAL SERVICES DISTRICT RECEIVES THE NECESSARY
APPROVAL OF A PLAN FOR JUVENILE DELINQUENTS  PLACED  IN  LIMITED  SECURE
SETTINGS,  THE  OFFICE SHALL PROMULGATE REGULATIONS GOVERNING THE OPERA-
TION OF SUCH LIMITED SECURE FACILITIES.  IF  SUCH  REGULATIONS  ARE  NOT
ADOPTED  PRIOR  TO  THE  DATE  THAT  AN  AUTHORIZED AGENCY APPLIES FOR A
LICENSE TO OPERATE SUCH A FACILITY, THE FACILITY SHALL BE SUBJECT TO THE
EXISTING REGULATIONS OF THE OFFICE THAT WOULD APPLY TO THE OPERATION  OF
A  FOSTER  CARE  FACILITY  OF THE SAME SIZE; PROVIDED, HOWEVER, THAT THE
OFFICE SHALL BE AUTHORIZED TO GRANT AN EXCEPTION TO THE AUTHORIZED AGEN-
CY, UNTIL SUCH LIMITED SECURE  REGULATIONS  ARE  ADOPTED,  TO  ANY  SUCH
EXISTING  REGULATION THAT THE OFFICE DETERMINES WOULD IMPEDE THE ABILITY
OF THE AUTHORIZED AGENCY TO PROVIDE THE RESTRICTIVE SETTING AND PROGRAMS
NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE  SETTING
IN  ACCORDANCE  WITH THE APPROVED PLAN. ANY LIMITED SECURE FACILITY THAT
IS GRANTED SUCH A WAIVER SHALL COMPLY WITH  ANY  ALTERNATE  REQUIREMENTS
THE  OFFICE  MAY  CONSIDER NECESSARY FOR THE PROTECTION OF THE HEALTH OR
SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY  OR  THE  SURROUNDING
COMMUNITY.
  (A)  THE  INITIATIVE  SHALL  BE  SUBJECT TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES' ONGOING OVERSIGHT AND  MONITORING  INCLUDING,  BUT  NOT
LIMITED  TO:  CASE RECORD REVIEWS; STAFF, FAMILY, AND CLIENT INTERVIEWS;
ON-SITE INSPECTIONS; REVIEW  OF  DATA  REGARDING  PROVIDER  PERFORMANCE,
YOUTH  AND  STAFF SAFETY, AND QUALITY OF CARE, WHICH MUST BE PROVIDED TO
THE OFFICE IN THE FORM AND MANNER AND AT SUCH TIMES AS REQUIRED  BY  THE
OFFICE;  AND  CONTINUED LICENSING AND MONITORING OF THE AUTHORIZED AGEN-
CIES PROVIDING SERVICES UNDER THE PLAN PURSUANT TO THIS CHAPTER.
  (B) THE SOCIAL SERVICES DISTRICT SHALL PROVIDE  EACH  JUVENILE  DELIN-
QUENT  WITH AN APPROPRIATE LEVEL OF SERVICES DESIGNED TO MEET HIS OR HER
INDIVIDUAL NEEDS AND TO ENHANCE PUBLIC  SAFETY  AND  SHALL  PROVIDE  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES WITH SPECIFIC INFORMATION AS
REQUIRED BY THE OFFICE, IN THE FORMAT AND AT SUCH TIMES AS  REQUIRED  BY
SUCH  OFFICE,  ON  THE  YOUTH  PARTICIPATING  IN  THE INITIATIVE AND THE
PROGRAMS SERVING SUCH YOUTH. SUCH INFORMATION SHALL BE PROVIDED  TO  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES ON A MONTHLY BASIS FOR THE FIRST
TWELVE MONTHS IMMEDIATELY FOLLOWING THE IMPLEMENTATION OF  THE  PROGRAMS
FOR  EACH  LEVEL OF CARE AND SHALL BE PROVIDED TO SUCH OFFICE ON A QUAR-
TERLY BASIS THEREAFTER.

S. 6257--A                         40                         A. 9057--A

  11. THE SOCIAL SERVICES DISTRICT SHALL SUBMIT A REPORT TO  THE  OFFICE
OF CHILDREN AND FAMILY SERVICES ANNUALLY, IN THE FORMAT REQUIRED BY SUCH
OFFICE, DETAILING OVERALL INITIATIVE PERFORMANCE.
  12.  IF THE OFFICE OF CHILDREN AND FAMILY SERVICES DETERMINES THAT THE
SOCIAL SERVICES DISTRICT IS FAILING TO ADEQUATELY PROVIDE FOR THE  JUVE-
NILE  DELINQUENTS PLACED UNDER AN APPROVED PLAN, SUCH OFFICE MAY REQUIRE
THE SOCIAL SERVICES DISTRICT TO SUBMIT A  CORRECTIVE  ACTION  PLAN,  FOR
SUCH  OFFICE'S APPROVAL, DEMONSTRATING HOW IT WILL RECTIFY THE INADEQUA-
CIES. IF THE OFFICE DETERMINES THAT  THE  SOCIAL  SERVICES  DISTRICT  IS
FAILING  TO MAKE SUFFICIENT PROGRESS TOWARDS IMPLEMENTING THE CORRECTIVE
ACTION PLAN IN THE TIME AND MANNER APPROVED BY THE  OFFICE,  THE  OFFICE
SHALL  PROVIDE THE DISTRICT WRITTEN NOTICE OF SUCH DETERMINATION AND THE
BASIS THEREFOR, AND MANDATE THAT THE DISTRICT TAKE ALL NECESSARY ACTIONS
TO IMPLEMENT THE PLAN. IF A DISTRICT HAS FAILED WITHIN A REASONABLE TIME
THEREAFTER TO MAKE PROGRESS IMPLEMENTING ANY REGULATION,  OR  ANY  OTHER
PORTION  OF SUCH PLAN THAT IS INTENDED TO PREVENT IMMINENT DANGER TO THE
HEALTH, SAFETY OR WELFARE OF THE YOUTH BEING SERVED UNDER THE PLAN,  THE
OFFICE  MAY  WITHHOLD  OR  SET  ASIDE A PORTION OF THE FUNDING DUE UNDER
SUBDIVISION EIGHT OF THIS SECTION UNTIL THE DISTRICT  DEMONSTRATES  THAT
SUFFICIENT PROGRESS IS BEING MADE; OR TERMINATE THE DISTRICT'S AUTHORITY
TO  OPERATE  ALL  OR A PORTION OF THE JUVENILE JUSTICE SERVICES CLOSE TO
HOME INITIATIVE, TAKE ALL NECESSARY STEPS TO  ASSUME  CUSTODY  FOR,  AND
PROVIDE  SERVICES  TO,  THE APPLICABLE JUVENILE DELINQUENTS BEING SERVED
UNDER THE INITIATIVE, AND DISCONTINUE FUNDS PROVIDED TO THE DISTRICT FOR
SUCH SERVICES. THE OFFICE SHALL NOT WITHHOLD, SET ASIDE  OR  DISCONTINUE
STATE AID TO A DISTRICT UNTIL WRITTEN NOTICE IS GIVEN TO THE COMMISSION-
ER  OF  THE DISTRICT, AND IN THE EVENT FUNDING IS WITHHELD, SET ASIDE OR
DISCONTINUED, THE DISTRICT MAY APPEAL TO THE OFFICE, WHICH SHALL HOLD  A
FAIR  HEARING THEREON IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWEN-
TY-TWO OF THIS CHAPTER RELATING  TO  FAIR  HEARINGS.  THE  DISTRICT  MAY
INSTITUTE  A  PROCEEDING FOR A REVIEW OF THE DETERMINATION OF THE OFFICE
FOLLOWING THE FAIR HEARING PURSUANT  TO  ARTICLE  SEVENTY-EIGHT  OF  THE
CIVIL  PRACTICE LAW AND RULES.  ANY FUNDS WITHHELD, SET ASIDE OR DISCON-
TINUED PURSUANT TO THIS PROVISION SHALL BE APPLIED TO ADDRESS THE  PROB-
LEM  WHICH  WAS THE BASIS FOR SUCH SANCTION.  IF THE OFFICE TERMINATES A
DISTRICT'S AUTHORITY TO  OPERATE  ANY  PORTION  OF  A  JUVENILE  JUSTICE
SERVICES  CLOSE  TO HOME INITIATIVE IN ACCORDANCE WITH THIS SUBDIVISION,
THE OFFICE SHALL NOTIFY THE SUPERVISING FAMILY COURT  JUDGE  RESPONSIBLE
FOR  THE FAMILY COURTS SERVING SUCH DISTRICT OF SUCH TERMINATION AND THE
EFFECTIVE DATE OF SUCH TERMINATION.
  13. ONCE A PLAN BECOMES OPERATIVE PURSUANT TO THIS SECTION, THE SOCIAL
SERVICES DISTRICT SHALL CARRY OUT THE FOLLOWING  FUNCTIONS,  POWERS  AND
DUTIES  WITH RESPECT TO PLACEMENTS OF JUVENILE DELINQUENTS IN ACCORDANCE
WITH THE PROVISIONS OF SUCH PLAN AND ALL APPLICABLE  FEDERAL  AND  STATE
LAWS AND REGULATIONS:
  (A)  TO  ENTER  INTO CONTRACTS WITH AUTHORIZED AGENCIES, AS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER, TO OPERATE AND  MAIN-
TAIN  FACILITIES  AUTHORIZED UNDER SUCH PLAN; SUCH CONTRACTS MAY INCLUDE
SUCH PROGRAM REQUIREMENTS AS DEEMED NECESSARY BY THE DISTRICT;
  (B) TO DETERMINE THE PARTICULAR FACILITY OR PROGRAM IN WHICH  A  JUVE-
NILE  DELINQUENT PLACED WITH THE DISTRICT SHALL BE CARED FOR, BASED UPON
AN EVALUATION OF SUCH JUVENILE DELINQUENT;
  (C) TO TRANSFER A JUVENILE DELINQUENT FROM ONE FACILITY TO  ANY  OTHER
FACILITY,  WHEN  THE INTERESTS OF SUCH JUVENILE DELINQUENT REQUIRES SUCH
ACTION; PROVIDED THAT, IF THE DISTRICT HAS AN APPROVED PLAN TO IMPLEMENT
SERVICES FOR JUVENILE DELINQUENTS PLACED IN LIMITED SECURE  SETTINGS,  A

S. 6257--A                         41                         A. 9057--A

JUVENILE  DELINQUENT TRANSFERRED TO A NON-SECURE FACILITY FROM A LIMITED
SECURE FACILITY MAY BE RETURNED TO A  LIMITED  SECURE  FACILITY  UPON  A
DETERMINATION  BY  THE DISTRICT THAT, FOR ANY REASON, CARE AND TREATMENT
AT THE NON-SECURE FACILITY IS NO LONGER SUITABLE;
  (D)  TO ISSUE A WARRANT FOR THE APPREHENSION AND RETURN OF ANY RUNAWAY
OR CONDITIONALLY RELEASED JUVENILE DELINQUENT PLACED WITH THE  DISTRICT,
IN  ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES; PROVIDED FURTHER THAT:
  (I) A SOCIAL SERVICES OFFICIAL, PURSUANT TO  THE  REGULATIONS  OF  THE
OFFICE  OF  CHILDREN AND FAMILY SERVICES, SHALL ISSUE A WARRANT DIRECTED
GENERALLY TO ANY  PEACE  OFFICER,  ACTING  PURSUANT  TO  SUCH  OFFICER'S
SPECIAL  DUTIES, OR POLICE OFFICER IN THE STATE FOR THE APPREHENSION AND
RETURN OF ANY RUNAWAY  OR  CONDITIONALLY  RELEASED  JUVENILE  DELINQUENT
UNDER  THE  JURISDICTION  OF  THE  DISTRICT  AND  SUCH  WARRANT SHALL BE
EXECUTED BY ANY PEACE OFFICER, ACTING PURSUANT TO SUCH OFFICER'S SPECIAL
DUTIES, OR POLICE OFFICER TO  WHOM  IT  MAY  BE  DELIVERED;  THE  SOCIAL
SERVICES  DISTRICT  ALSO SHALL PROVIDE RELEVANT LAW ENFORCEMENT AGENCIES
WITHIN FORTY-EIGHT HOURS WITH ANY PHOTOGRAPHS OF ANY RUNAWAY  OR  CONDI-
TIONALLY  RELEASED  JUVENILE  DELINQUENT  FOR  WHOM A WARRANT IS ISSUED,
TOGETHER WITH ANY PERTINENT INFORMATION RELATIVE TO SUCH JUVENILE DELIN-
QUENT; SUCH PHOTOGRAPHS SHALL REMAIN THE PROPERTY OF THE SOCIAL SERVICES
DISTRICT AND SHALL BE KEPT CONFIDENTIAL FOR USE SOLELY IN THE  APPREHEN-
SION  OF  SUCH JUVENILE DELINQUENT AND SHALL BE RETURNED PROMPTLY TO THE
DISTRICT UPON APPREHENSION OF SUCH  JUVENILE  DELINQUENT,  OR  UPON  THE
DEMAND OF THE DISTRICT;
  (II) A SOCIAL SERVICES OFFICIAL SHALL GIVE IMMEDIATE WRITTEN NOTICE TO
THE  FAMILY  COURT  WHEN  ANY JUVENILE DELINQUENT PLACED WITH THE SOCIAL
SERVICES DISTRICT BY ORDER OF SAID FAMILY COURT,  IS  ABSENT  FROM  SUCH
PLACEMENT WITHOUT CONSENT;
  (III)  A  MAGISTRATE  MAY  CAUSE A RUNAWAY OR A CONDITIONALLY RELEASED
JUVENILE DELINQUENT TO BE HELD IN CUSTODY UNTIL RETURNED TO  THE  SOCIAL
SERVICES DISTRICT;
  (E)  (I)  TO CAUSE A JUVENILE DELINQUENT UNDER THE JURISDICTION OF THE
SOCIAL SERVICES DISTRICT WHO RUNS AWAY FROM A  FACILITY,  TO  BE  APPRE-
HENDED  AND RETURNED TO THE SOCIAL SERVICES DISTRICT OR AUTHORIZED AGEN-
CY;
  (II) IF A JUVENILE DELINQUENT UNDER THE  JURISDICTION  OF  THE  SOCIAL
SERVICES  DISTRICT  VIOLATES  ANY  CONDITION OF RELEASE THEREFROM, OR IF
THERE IS A CHANGE OF CIRCUMSTANCES, AND  THE  SOCIAL  SERVICES  DISTRICT
DETERMINES THAT IT WOULD BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS
OF  SAID  JUVENILE  DELINQUENT AND THE NEED TO PROTECT THE COMMUNITY, OR
THAT THERE IS A SUBSTANTIAL LIKELIHOOD  SAID  JUVENILE  DELINQUENT  WILL
COMMIT  AN  ACT THAT WOULD BE A CRIME OR CONSTITUTE A CRIME IF HE OR SHE
WERE AN ADULT, TO CAUSE SAID JUVENILE DELINQUENT TO BE  APPREHENDED  AND
RETURNED  TO  THE  DISTRICT  OR  AUTHORIZED AGENCY PURSUANT TO THE REGU-
LATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
  (III) TO AUTHORIZE AN  EMPLOYEE  DESIGNATED  BY  THE  SOCIAL  SERVICES
DISTRICT,  WITHOUT  A  WARRANT,  TO APPREHEND A RUNAWAY OR CONDITIONALLY
RELEASED JUVENILE DELINQUENT IN ANY COUNTY IN THIS  STATE  WHOSE  RETURN
HAS  BEEN ORDERED BY THE SOCIAL SERVICES DISTRICT, AND RETURN SAID JUVE-
NILE DELINQUENT TO ANY APPROPRIATE SOCIAL SERVICES  DISTRICT,  DETENTION
FACILITY, AUTHORIZED AGENCY OR PROGRAM;
  (F)  PURSUANT  TO THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES, TO DEVELOP AND OPERATE PROGRAMS FOR YOUTH PLACED  OR  REFERRED
TO  THE  DISTRICT OR IN CONJUNCTION WITH AN ORDER PROVIDED IN ACCORDANCE
WITH SECTION 353.6 OF THE FAMILY COURT ACT;

S. 6257--A                         42                         A. 9057--A

  (G) UPON THE PLACEMENT OF ANY JUVENILE DELINQUENT  EIGHTEEN  YEARS  OF
AGE OR OLDER, OR UPON THE EIGHTEENTH BIRTHDAY OF ANY YOUTH PLACED IN THE
CUSTODY  OF THE SOCIAL SERVICES DISTRICT FOR AN ADJUDICATION OF JUVENILE
DELINQUENCY FOR HAVING COMMITTED AN ACT WHICH IF COMMITTED BY  AN  ADULT
WOULD  CONSTITUTE  A  FELONY,  AND  STILL  IN  THE CUSTODY OF THE SOCIAL
SERVICES DISTRICT, TO NOTIFY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
OF  SUCH  PLACEMENT  OR  BIRTHDAY.   PROVIDED, HOWEVER, IN THE CASE OF A
YOUTH ELEVEN OR TWELVE YEARS OF AGE AT THE TIME THE  ACT  OR  ACTS  WERE
COMMITTED,  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL NOT BE
PROVIDED WITH THE YOUTH'S NAME, UNLESS THE ACTS COMMITTED BY SUCH  YOUTH
WOULD CONSTITUTE A CLASS A OR B FELONY. UPON THE SUBSEQUENT DISCHARGE IT
SHALL BE THE DUTY OF THE SOCIAL SERVICES DISTRICT TO NOTIFY THE DIVISION
OF CRIMINAL JUSTICE SERVICES OF THAT FACT AND THE DATE OF DISCHARGE. FOR
THE  PURPOSES OF THIS PARAGRAPH, A YOUTH'S AGE SHALL BE DETERMINED TO BE
THE AGE STATED IN THE PLACEMENT ORDER;
  (H) TO PROVIDE JUVENILE DELINQUENTS  IN  RESIDENTIAL  PLACEMENTS  WITH
REASONABLE AND APPROPRIATE VISITATION BY FAMILY MEMBERS AND CONSULTATION
WITH  THEIR  LEGAL  REPRESENTATIVE IN ACCORDANCE WITH THE REGULATIONS OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
  (I) TO PROVIDE RESIDENTIAL CARE IN PROGRAMS SUBJECT TO THE REGULATIONS
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, FOR INFANTS  BORN  TO  OR
BEING  NURSED  BY  FEMALE JUVENILE DELINQUENTS PLACED WITH THE DISTRICT;
RESIDENTIAL CARE FOR SUCH AN INFANT MAY BE PROVIDED FOR SUCH  PERIOD  OF
TIME AS IS DEEMED DESIRABLE FOR THE WELFARE OF THE MOTHER OR INFANT.
  14. THE FOLLOWING PERSONS SHALL BE AUTHORIZED TO VISIT, AT THEIR PLEA-
SURE,  ALL  PROGRAMS OPERATED BY A SOCIAL SERVICES DISTRICT PURSUANT TO,
OR IN ACCORDANCE WITH THIS SECTION: THE GOVERNOR;  LIEUTENANT  GOVERNOR;
COMPTROLLER; ATTORNEY GENERAL; MEMBERS OF THE LEGISLATURE; JUDGES OF THE
COURT  OF  APPEALS;  JUDGES  FROM SUPREME COURT, FAMILY COURT AND COUNTY
COURTS AND DISTRICT ATTORNEYS, COUNTY ATTORNEYS AND  ATTORNEYS  EMPLOYED
IN  THE OFFICE OF THE CORPORATION COUNSEL HAVING JURISDICTION WITHIN THE
APPLICABLE SOCIAL  SERVICES  DISTRICT  OR  COUNTY  WHERE  A  PROGRAM  IS
LOCATED; AND ANY PERSON OR AGENCY OTHERWISE AUTHORIZED BY STATUTE.
  15.  A JUVENILE DELINQUENT IN THE CARE OF THE SOCIAL SERVICES DISTRICT
WHO ATTENDS PUBLIC SCHOOL WHILE IN RESIDENCE  AT  A  FACILITY  SHALL  BE
DEEMED  A  RESIDENT  OF  THE SCHOOL DISTRICT WHERE THE YOUTH'S PARENT OR
GUARDIAN RESIDES AT THE COMMENCEMENT OF EACH SCHOOL YEAR FOR THE PURPOSE
OF DETERMINING WHICH  SCHOOL  DISTRICT  SHALL  BE  RESPONSIBLE  FOR  THE
YOUTH'S TUITION.
  16.  THE  SOCIAL  SERVICES  DISTRICT  SHALL  BE PERMITTED TO INTERVENE
PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (A)  OF  SECTION  ONE  THOUSAND
TWELVE  OF  THE  CIVIL PRACTICE LAW AND RULES IN ANY ACTION INVOLVING AN
APPEAL FROM A DECISION OF ANY  COURT  OF  THIS  STATE  THAT  RELATES  TO
PROGRAMS,  CONDITIONS  OR  SERVICES  PROVIDED  BY  SUCH  DISTRICT OR ANY
AUTHORIZED AGENCY WITH WHICH THE DISTRICT HAS PLACED A  JUVENILE  DELIN-
QUENT  PURSUANT  TO  THIS  SECTION. WRITTEN NOTICE SHALL BE GIVEN TO THE
CORPORATION COUNSEL OF THE CITY OF NEW YORK OR COUNTY  ATTORNEY  BY  THE
PARTY TAKING THE APPEAL.
  17.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE SOCIAL
SERVICES DISTRICT MAY DELAY  ACCEPTANCE  OF  A  JUVENILE  DELINQUENT  IN
DETENTION WHO IS PLACED IN THE DISTRICT'S CUSTODY IN ACCORDANCE WITH THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  18.  NO  ORDER THAT PLACES A JUVENILE DELINQUENT IN THE CUSTODY OF THE
SOCIAL SERVICES DISTRICT THAT RECITES THE FACTS UPON WHICH IT  IS  BASED
SHALL  BE  DEEMED OR HELD TO BE INVALID BY REASON OF ANY IMPERFECTION OR
DEFECT IN FORM.

S. 6257--A                         43                         A. 9057--A

  S 2. Section 351.1 of the family court act is amended by adding a  new
subdivision 2-a to read as follows:
  2-A.  (A) IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
JUSTICE SERVICES CLOSE TO  HOME  INITIATIVE  PURSUANT  TO  SECTION  FOUR
HUNDRED  FOUR OF THE SOCIAL SERVICES LAW, THE LOCAL PROBATION DEPARTMENT
SHALL DEVELOP AND SUBMIT TO THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
FOR PRIOR APPROVAL A VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
MENT  AND  ANY  RISK ASSESSMENT PROCESS.   SUCH DEPARTMENT SHALL PERIOD-
ICALLY REVALIDATE ANY APPROVED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
MENT.   THE   DEPARTMENT   SHALL   CONSPICUOUSLY   POST   ANY   APPROVED
PRE-DISPOSITIONAL  RISK ASSESSMENT INSTRUMENT AND PROCESS ON ITS WEBSITE
AND SHALL CONFER WITH APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMIT-
ED TO, ATTORNEYS FOR  CHILDREN,  PRESENTMENT  AGENCIES  AND  THE  FAMILY
COURT, PRIOR TO REVISING ANY VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT
INSTRUMENT  OR  PROCESS.  ANY  REVISED PRE-DISPOSITIONAL RISK ASSESSMENT
INSTRUMENT SHALL BE SUBJECT TO PERIODIC EMPIRICAL VALIDATION AND TO  THE
APPROVAL  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE DEPARTMENT
SHALL PROVIDE TRAINING ON THE APPROVED INSTRUMENT AND ANY APPROVED PROC-
ESS TO THE APPLICABLE  FAMILY  COURTS,  PRESENTMENT  AGENCY,  AND  COURT
APPOINTED ATTORNEYS FOR RESPONDENTS.
  (B)  ONCE AN INITIAL VALIDATED RISK ASSESSMENT INSTRUMENT AND ANY RISK
ASSESSMENT PROCESS HAVE BEEN APPROVED BY  THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  IN  CONSULTATION WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES, THE LOCAL PROBATION DEPARTMENT SHALL  PROVIDE  THE  APPLICABLE
SUPERVISING FAMILY COURT JUDGE WITH A COPY OF THE VALIDATED RISK ASSESS-
MENT  INSTRUMENT  AND  ANY  SUCH  PROCESS ALONG WITH THE LETTER FROM THE
OFFICE OF CHILDREN AND FAMILY  SERVICES  APPROVING  THE  INSTRUMENT  AND
PROCESS,  IF  APPLICABLE, AND INDICATING THE DATE THE INSTRUMENT AND ANY
SUCH PROCESS SHALL BE EFFECTIVE, PROVIDED THAT SUCH EFFECTIVE DATE SHALL
BE AT LEAST THIRTY DAYS AFTER SUCH NOTIFICATION.
  (C) COMMENCING ON THE EFFECTIVE DATE OF A VALIDATED  PRE-DISPOSITIONAL
RISK ASSESSMENT INSTRUMENT AND ANY APPROVED PROCESS AND THEREAFTER, EACH
PROBATION  INVESTIGATION  ORDERED  UNDER SUBDIVISION TWO OF THIS SECTION
SHALL INCLUDE THE RESULTS  OF  THE  VALIDATED  RISK  ASSESSMENT  OF  THE
RESPONDENT  AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED IN
ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS
RECEIVED AND GIVEN DUE CONSIDERATION TO THE RESULTS  OF  SUCH  VALIDATED
RISK  ASSESSMENT AND ANY APPROVED PROCESS AND MADE THE FINDINGS REQUIRED
PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF SECTION  352.2  OF  THIS
PART.
  (D)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA
NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT  INSTRU-
MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION
ADMINISTRATIONS,  DETENTION  PROVIDERS,  PRESENTMENT  AGENCIES,  AND THE
ATTORNEY FOR THE CHILD UPON RETENTION  OR  APPOINTMENT  SOLELY  FOR  THE
PURPOSE  OF  ACCURATE  COMPLETION  OF SUCH RISK ASSESSMENT INSTRUMENT. A
COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL
BE MADE AVAILABLE TO THE APPLICABLE COURT.
  (E) THE LOCAL PROBATION DEPARTMENT SHALL PROVIDE THE DIVISION OF CRIM-
INAL JUSTICE SERVICES WITH INFORMATION REGARDING THE USE OF THE PRE-DIS-
POSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN
THE TIME AND  MANNER  REQUIRED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.  THE  DIVISION  MAY REQUIRE THAT SUCH DATA BE SUBMITTED TO THE
DIVISION ELECTRONICALLY. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES.

S. 6257--A                         44                         A. 9057--A

  S 3. Subdivision 2 of section 352.2 of the family court act is amended
by adding a new paragraph (f) to read as follows:
  (F)(1)  IN  A  SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
JUSTICE SERVICES CLOSE TO  HOME  INITIATIVE  PURSUANT  TO  SECTION  FOUR
HUNDRED  FOUR  OF  THE  SOCIAL SERVICES LAW, ONCE THE SUPERVISING FAMILY
COURT JUDGE RECEIVES NOTICE THAT A RISK ASSESSMENT  INSTRUMENT  AND  ANY
RISK ASSESSMENT PROCESS HAVE BEEN APPROVED BY THE OFFICE OF CHILDREN AND
FAMILY  SERVICES  PURSUANT TO SUBDIVISION TWO-A OF SECTION 351.1 OF THIS
PART, THE COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF THE VALI-
DATED RISK ASSESSMENT AND ANY SUCH PROCESS PROVIDED TO THE COURT  PURSU-
ANT TO SUCH SUBDIVISION WHEN DETERMINING THE APPROPRIATE DISPOSITION FOR
THE RESPONDENT.
  (2)  ANY  ORDER  OF  THE COURT DIRECTING THE PLACEMENT OF A RESPONDENT
INTO A RESIDENTIAL PROGRAM SHALL STATE:
  (I) THE LEVEL OF RISK THE YOUTH WAS ASSESSED AT PURSUANT TO THE  VALI-
DATED RISK ASSESSMENT INSTRUMENT; AND
  (II)  IF A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL OF
PLACEMENT THAN APPEARS WARRANTED BASED ON SUCH RISK  ASSESSMENT  INSTRU-
MENT  AND  ANY  APPROVED RISK ASSESSMENT PROCESS, THE PARTICULAR REASONS
WHY SUCH PLACEMENT WAS DETERMINED TO BE NECESSARY FOR THE PROTECTION  OF
THE  COMMUNITY AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF
THE RESPONDENT; AND
  (III) THAT A LESS RESTRICTIVE ALTERNATIVE  THAT  WOULD  BE  CONSISTENT
WITH  THE  NEEDS  AND  BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
PROTECTION OF THE COMMUNITY IS NOT AVAILABLE.
  S 4. Section 353.3 of the family court act is amended by adding a  new
subdivision 2-a to read as follows:
  2-A.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
RY, IN A DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES  CLOSE
TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
SERVICES LAW:
  (A) BEGINNING ON THE EFFECTIVE DATE OF THE  DISTRICT'S  APPROVED  PLAN
THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE
COURT MAY ONLY PLACE THE RESPONDENT:
  (I)  IN  THE  CUSTODY OF THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
DISTRICT FOR PLACEMENT IN A NON-SECURE LEVEL OF CARE; OR
  (II) IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN  AND
FAMILY  SERVICES  FOR  PLACEMENT  IN A LIMITED SECURE OR SECURE LEVEL OF
CARE; AND
  (B) BEGINNING ON THE EFFECTIVE DATE OF THE DISTRICT'S APPROVED PLAN TO
IMPLEMENT PROGRAMS FOR YOUTH PLACED  IN  LIMITED  SECURE  SETTINGS,  THE
COURT MAY ONLY PLACE THE RESPONDENT:
  (I)  IN  THE  CUSTODY OF THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
DISTRICT FOR PLACEMENT IN:
  (A) A NON-SECURE LEVEL OF CARE;
  (B) A LIMITED SECURE LEVEL OF CARE; OR
  (C) EITHER A NON-SECURE OR LIMITED SECURE LEVEL OF CARE, AS DETERMINED
BY SUCH COMMISSIONER; OR
  (II) IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN  AND
FAMILY SERVICES FOR PLACEMENT IN A SECURE LEVEL OF CARE.
  S  5.  Subdivision  9  of  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:
  9.  If  the  court places a respondent with the office of children and
family services, OR IN A LIMITED  SECURE  LEVEL  OF  CARE  IN  A  SOCIAL
SERVICES  DISTRICT WITH AN APPROVED PLAN TO IMPLEMENT A JUVENILE JUSTICE

S. 6257--A                         45                         A. 9057--A

SERVICES CLOSE TO HOME INITIATIVE UNDER SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, pursuant to this section after  finding  that  such
[child] RESPONDENT committed a felony, the court may, in its discretion,
further  order  that  such respondent shall be confined in a residential
facility for a minimum period set  by  the  order,  not  to  exceed  six
months.
  S 6. Subdivisions 4 and 5 of section 353.5 of the family court act, as
added  by chapter 920 of the laws of 1982, subparagraph (i) of paragraph
(a) of subdivision 4 and subparagraph (i) of paragraph (a)  of  subdivi-
sion  5 as amended by chapter 419 of the laws of 1987, subparagraph (iv)
of paragraph (a) of subdivision 4 and subparagraph (iv) of paragraph (a)
of subdivision 5 as amended by chapter 687 of the laws  of  1993,  para-
graphs  (b)  and (d) of subdivision 4 and paragraph (d) of subdivision 5
as amended by chapter 398 of the laws of 1983, are amended  to  read  as
follows:
  4.  When  the  order  is  for a restrictive placement in the case of a
youth found to have committed a designated class A felony act,
  (a) the order shall provide that:
  (i) the respondent shall be  placed  with  the  [division  for  youth]
OFFICE  OF  CHILDREN  AND  FAMILY SERVICES for an initial period of five
years. 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.
  (ii)  the  respondent shall initially be confined in a secure facility
for a period set by the order, to be not less than twelve nor more  than
eighteen  months provided, however, where the order of the court is made
in compliance with subdivision five  OF  THIS  SECTION,  the  respondent
shall initially be confined in a secure facility for eighteen months.
  (iii)  after  the  period set under [clause] SUBPARAGRAPH (ii) OF THIS
PARAGRAPH, the respondent shall be placed in a residential facility  for
a period of twelve months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS
BEEN  PLACED FROM A FAMILY COURT IN A SOCIAL SERVICES DISTRICT OPERATING
AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE  PURSUANT
TO  SECTION  FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME
FRAMES IN SUBPARAGRAPH (II) OF THIS PARAGRAPH ARE MET:
  (A) BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL  SERVICES
DISTRICT'S  PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SE-
CURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES  CONCLUDES,
BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
PROTECTION  FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS APPRO-
PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO
PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO
HAVE THE RESPONDENT PLACED WITH THE  APPLICABLE  LOCAL  COMMISSIONER  OF
SOCIAL SERVICES; AND
  (B)  BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL SERVICES
DISTRICT'S PLAN THAT  COVERS  JUVENILE  DELINQUENTS  PLACED  IN  LIMITED
SECURE   SETTINGS,  IF  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
CONCLUDES, BASED ON THE NEEDS AND BEST INTERESTS OF THE  RESPONDENT  AND
THE  NEED FOR PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED
SECURE LEVEL OF CARE IS APPROPRIATE  FOR  THE  RESPONDENT,  SUCH  OFFICE
SHALL  FILE  A  PETITION PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION
TWO OF SECTION 355.1 OF THIS PART TO HAVE THE RESPONDENT PLACED WITH THE
APPLICABLE LOCAL COMMISSIONER OF SOCIAL SERVICES.

S. 6257--A                         46                         A. 9057--A

  (C) IF THE RESPONDENT IS PLACED WITH THE LOCAL COMMISSIONER OF  SOCIAL
SERVICES  IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH, THE
REMAINDER OF THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO  APPLY  TO
THE RESPONDENT'S PLACEMENT.
  (iv)  the  respondent  may  not  be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided in [clause] SUBPARAGRAPH (ii) of this paragraph,  nor  may  the
respondent  be  released  from  a residential facility during the period
provided in [clause] SUBPARAGRAPH (iii) OF  THIS  PARAGRAPH.    No  home
visits shall be permitted during the period of secure confinement set by
the  court  order  or  one year, whichever is less, except for emergency
visits for medical treatment or severe illness or death in  the  family.
All  home  visits  must be accompanied home visits: (A) while a youth is
confined in a secure facility, whether such confinement is pursuant to a
court order or otherwise; (B) while a youth is confined in a residential
facility other than a secure facility within six months  after  confine-
ment  in a secure facility; and (C) while a youth is confined in a resi-
dential facility other than a secure facility in excess  of  six  months
after  confinement  in  a  secure  facility  unless two accompanied home
visits have already occurred.  An "accompanied home visit" shall mean  a
home  visit  during  which  the  youth shall be accompanied at all times
while outside the secure or residential facility by appropriate  person-
nel of the [division for youth designated pursuant to regulations of the
director  of the division] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF
APPLICABLE, A LOCAL SOCIAL SERVICES DISTRICT WHICH OPERATES AN  APPROVED
JUVENILE  JUSTICE  SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION
FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  (b) Notwithstanding any other  provision  of  law,  during  the  first
twelve months of the respondent's placement, no motion, hearing or order
may be made, held or granted pursuant to section 355.1; provided, howev-
er,  that  during  such  period a motion to vacate the order may be made
pursuant to [355.1] SUCH SECTION, but only upon  grounds  set  forth  in
section 440.10 of the criminal procedure law.
  (c) During the placement or any extension thereof:
  (i)  after  the expiration of the period provided in [clause] SUBPARA-
GRAPH (iii) of paragraph (a) OF THIS SUBDIVISION, the  respondent  shall
not be released from a residential facility without the written approval
of  the  [director  of  the  division for youth or his designated deputy
director] OFFICE OF CHILDREN AND FAMILY SERVICES OR,  IF  APPLICABLE,  A
SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW.
  (ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.
  (iii) the respondent shall not be discharged from the custody  of  the
[division  for  youth]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR, IF
APPLICABLE, A SOCIAL SERVICES DISTRICT OPERATING  AN  APPROVED  JUVENILE
JUSTICE  SERVICES  CLOSE  TO  HOME  INITIATIVE  PURSUANT TO SECTION FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW, unless a motion therefor  under
section  355.1  is  granted by the court, which motion shall not be made
prior to the expiration of three years of the placement.
  (iv) unless otherwise specified in the order, the [division] OFFICE OF
CHILDREN AND FAMILY  SERVICES  OR,  IF  APPLICABLE,  A  SOCIAL  SERVICES
DISTRICT  OPERATING  AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME
INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL  SERVICES
LAW  shall  report  in writing to the court not less than once every six

S. 6257--A                         47                         A. 9057--A

months during the placement on the status, adjustment  and  progress  of
the respondent.
  (d)  Upon  the  expiration  of the initial period of placement, or any
extension thereof, the placement may  be  extended  in  accordance  with
section  355.3  on  a  petition of any party or the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES,  OR,  IF  APPLICABLE,  A  SOCIAL
SERVICES  DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE  SOCIAL
SERVICES  LAW,  after  a dispositional hearing, for an additional period
not to exceed twelve months, but no initial placement  or  extension  of
placement  under this section may continue beyond the respondent's twen-
ty-first birthday.
  (e) The court may also make an order pursuant to  subdivision  two  of
section 353.4.
  5.  When  the  order  is  for a restrictive placement in the case of a
youth found to have committed a designated  felony  act,  other  than  a
designated class A felony act,
  (a) the order shall provide that:
  (i)  the  respondent  shall  be  placed  with the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES for an initial  period  of  three
years.  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.
  (ii) the respondent shall initially be confined in a  secure  facility
for  a  period  set  by the order, to be not less than six nor more than
twelve months.
  (iii) after the period set under [clause] SUBPARAGRAPH  (ii)  OF  THIS
PARAGRAPH,  the respondent shall be placed in a residential facility for
a period set by the order, to be not less than six nor more than  twelve
months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS BEEN PLACED FROM A
FAMILY  COURT  IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVE-
NILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION  FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME FRAMES IN SUBPAR-
AGRAPH (II) OF THIS PARAGRAPH ARE MET:
  (A)  BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL SERVICES
DISTRICT'S PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN  NON-SE-
CURE  SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES,
BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS  APPRO-
PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO
PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO
HAVE  THE  RESPONDENT  PLACED  WITH THE APPLICABLE LOCAL COMMISSIONER OF
SOCIAL SERVICES; AND
  (B) BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL  SERVICES
DISTRICT'S PLAN TO IMPLEMENT PROGRAMS FOR YOUTH PLACED IN LIMITED SECURE
SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES, BASED
ON  THE  NEEDS  AND  BEST  INTERESTS  OF THE RESPONDENT AND THE NEED FOR
PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED SECURE  LEVEL
OF  CARE  IS  APPROPRIATE  FOR  THE RESPONDENT, SUCH OFFICE SHALL FILE A
PETITION PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF  SECTION
355.1  OF  THIS  PART  TO HAVE THE RESPONDENT PLACED WITH THE APPLICABLE
LOCAL COMMISSIONER OF SOCIAL SERVICES.

S. 6257--A                         48                         A. 9057--A

  (C) IF THE RESPONDENT IS PLACED WITH A LOCAL  COMMISSIONER  OF  SOCIAL
SERVICES  IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH, THE
REMAINDER OF THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO  APPLY  TO
THE RESPONDENT'S PLACEMENT.
  (iv)  the  respondent  may  not  be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided by the court pursuant to [clause]  SUBPARAGRAPH  (ii)  OF  THIS
PARAGRAPH, nor may the respondent be released from a residential facili-
ty during the period provided by the court pursuant to [clause] SUBPARA-
GRAPH (iii) OF THIS PARAGRAPH.  No home visits shall be permitted during
the  period  of  secure  confinement set by the court order or one year,
whichever is less, except for emergency visits for medical treatment  or
severe illness or death in the family.  All home visits must be accompa-
nied  home visits:   (A) while a youth is confined in a secure facility,
whether such confinement is pursuant to a court order or otherwise;  (B)
while  a youth is confined in a residential facility other than a secure
facility within six months after confinement in a secure  facility;  and
(C)  while  a  youth  is confined in a residential facility other than a
secure facility in excess of six months after confinement  in  a  secure
facility  unless  two  accompanied home visits have already occurred. An
"accompanied home visit" shall mean a home visit during which the  youth
shall  be  accompanied at all times while outside the secure or residen-
tial facility by appropriate personnel of the [division for youth desig-
nated pursuant to regulations of the director of the division] OFFICE OF
CHILDREN AND FAMILY  SERVICES  OR,  IF  APPLICABLE,  A  SOCIAL  SERVICES
DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE CLOSE TO HOME INITIATIVE
PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  (b)  Notwithstanding  any other provision of law, during the first six
months of the respondent's placement, no motion, hearing or order may be
made, held or granted pursuant to section 355.1; provided, however, that
during such period a motion to vacate the order may be made pursuant  to
such  section,  but only upon grounds set forth in section 440.10 of the
criminal procedure law.
  (c) During the placement or any extension thereof:
  (i) after the expiration of the period provided in  [clause]  SUBPARA-
GRAPH  (iii)  of paragraph (a) OF THIS SUBDIVISION, the respondent shall
not be released from a residential facility without the written approval
of the [director of the division for  youth  or  his  designated  deputy
director]  OFFICE  OF  CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A
SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED  FOUR  OF  THE
SOCIAL SERVICES LAW.
  (ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.
  (iii)  the  respondent shall not be discharged from the custody of the
[division for youth] OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  OR,  IF
APPLICABLE,  A  SOCIAL  SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
JUSTICE SERVICES CLOSE TO  HOME  INITIATIVE  PURSUANT  TO  SECTION  FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  (iv) unless otherwise specified in the order, the [division] OFFICE OF
CHILDREN  AND  FAMILY  SERVICES  OR,  IF  APPLICABLE,  A SOCIAL SERVICES
DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE  TO  HOME
INITIATIVE  PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES
LAW, shall report in writing to the court not less than once  every  six
months  during  the  placement on the status, adjustment and progress of
the respondent.

S. 6257--A                         49                         A. 9057--A

  (d) Upon the expiration of the initial  period  of  placement  or  any
extension  thereof,  the  placement  may  be extended in accordance with
section 355.3 upon petition of any party or  the  [division  for  youth]
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  OR, IF APPLICABLE, A SOCIAL
SERVICES  DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE  SOCIAL
SERVICES  LAW,  after  a dispositional hearing, for an additional period
not to exceed twelve months, but no initial placement  or  extension  of
placement  under this section may continue beyond the respondent's twen-
ty-first birthday.
  (e) The court may also make an order pursuant to  subdivision  two  of
section 353.4.
  S  7. Subdivision 8 of section 353.5 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  8. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OR,
IF APPLICABLE, THE SOCIAL SERVICES DISTRICT OPERATING AN APPROVED  CLOSE
TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
SERVICES LAW, shall retain the power to continue the confinement of  the
youth  in  a secure or other residential facility, AS APPLICABLE, beyond
the periods specified by the court, within the term of the placement.
  S 8. Subdivision 2 of section 355.1 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:
  2.  An  order  issued  under  section  353.3, may, upon a showing of a
substantial change of circumstances, be set aside, modified, vacated  or
terminated  upon  motion  of  the commissioner of social services or the
[division for youth] OFFICE OF CHILDREN AND FAMILY  SERVICES  with  whom
the respondent has been placed.
  (A)(I)  FOR  A SOCIAL SERVICES DISTRICT THAT ONLY HAS AN APPROVED PLAN
TO IMPLEMENT PROGRAMS FOR  JUVENILE  DELINQUENTS  PLACED  IN  NON-SECURE
SETTINGS  AS PART OF AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME
INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL  SERVICES
LAW,  BEGINNING  ON  THE  EFFECTIVE  DATE  OF THAT PLAN, IF THE DISTRICT
DETERMINES THAT A HIGHER LEVEL OF PLACEMENT IS APPROPRIATE AND  CONSIST-
ENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS AND BEST
INTERESTS  OF  THE  RESPONDENT PLACED INTO ITS CARE, THE SOCIAL SERVICES
DISTRICT SHALL FILE A PETITION TO TRANSFER THE CUSTODY OF THE RESPONDENT
TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND SHALL PROVIDE A  COPY
OF  SUCH  PETITION  TO  SUCH  OFFICE.  THE COURT SHALL RENDER A DECISION
WHETHER THE JUVENILE DELINQUENT SHOULD  BE  TRANSFERRED  TO  THE  OFFICE
WITHIN  SEVENTY-TWO  HOURS,  EXCLUDING WEEKENDS AND PUBLIC HOLIDAYS. THE
FAMILY COURT SHALL, AFTER ALLOWING THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  AN  OPPORTUNITY TO BE HEARD, GRANT SUCH A PETITION ONLY IF THE
COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER,  THE  REASONS  WHY  A
LIMITED  SECURE OR SECURE LEVEL OF PLACEMENT IS NECESSARY AND CONSISTENT
WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT  AND  THE  NEED  FOR
PROTECTION OF THE COMMUNITY.
  (II)  FOR A SOCIAL SERVICES DISTRICT WITH AN APPROVED PLAN OR APPROVED
PLANS THAT COVER JUVENILE DELINQUENTS PLACED IN NON-SECURE AND IN LIMIT-
ED SECURE SETTINGS AS PART OF  AN  APPROVED  JUVENILE  JUSTICE  SERVICES
CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, BEGINNING ON THE EFFECTIVE DATE OF  THE  PLAN  THAT
COVERS  JUVENILE  DELINQUENTS  PLACED IN LIMITED SECURE SETTINGS, IF THE
DISTRICT DETERMINES THAT A SECURE LEVEL OF PLACEMENT IS APPROPRIATE  AND
CONSISTENT  WITH  THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS
AND BEST INTERESTS OF THE RESPONDENT PLACED INTO ITS  CARE,  THE  SOCIAL
SERVICES  DISTRICT  SHALL FILE A PETITION TO TRANSFER THE CUSTODY OF THE

S. 6257--A                         50                         A. 9057--A

RESPONDENT TO THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  AND  SHALL
PROVIDE A COPY OF SUCH PETITION TO SUCH OFFICE. THE COURT SHALL RENDER A
DECISION  WHETHER  THE  YOUTH  SHOULD  BE TRANSFERRED WITHIN SEVENTY-TWO
HOURS,  EXCLUDING  WEEKENDS AND PUBLIC HOLIDAYS. THE FAMILY COURT SHALL,
AFTER ALLOWING THE OFFICE OF CHILDREN AND FAMILY SERVICES AN OPPORTUNITY
TO BE HEARD, GRANT SUCH A PETITION ONLY IF  THE  COURT  DETERMINES,  AND
STATES  IN  ITS  WRITTEN  ORDER,  THAT THE YOUTH NEEDS A SECURE LEVEL OF
PLACEMENT BECAUSE:
  (A) THE RESPONDENT HAS BEEN SHOWN TO  BE  EXCEPTIONALLY  DANGEROUS  TO
HIMSELF OR HERSELF OR TO OTHER PERSONS. EXCEPTIONALLY DANGEROUS BEHAVIOR
MAY  INCLUDE,  BUT  IS  NOT  LIMITED TO, ONE OR MORE SERIOUS INTENTIONAL
ASSAULTS, SEXUAL ASSAULTS OR SETTING FIRES; OR,
  (B) THE RESPONDENT HAS DEMONSTRATED BY A PATTERN OF BEHAVIOR  THAT  HE
OR  SHE NEEDS A MORE STRUCTURED SETTING AND THE SOCIAL SERVICES DISTRICT
HAS CONSIDERED THE APPROPRIATENESS AND AVAILABILITY OF A TRANSFER TO  AN
ALTERNATIVE  NON-SECURE  OR  LIMITED  SECURE FACILITY. SUCH BEHAVIOR MAY
INCLUDE, BUT IS  NOT  LIMITED  TO:  DISRUPTIONS  IN  FACILITY  PROGRAMS;
CONTINUOUSLY AND MALICIOUSLY DESTROYING PROPERTY; OR, REPEATEDLY COMMIT-
TING OR INCITING OTHER YOUTH TO COMMIT ASSAULTIVE OR DESTRUCTIVE ACTS.
  (III)  THE  COURT  MAY  ORDER THAT THE RESPONDENT BE HOUSED IN A LOCAL
SECURE DETENTION FACILITY ON AN INTERIM BASIS PENDING ITS  FINAL  RULING
ON THE PETITION FILED PURSUANT TO THIS PARAGRAPH.
  (B) THE FOLLOWING PROVISIONS SHALL APPLY IF THE OFFICE OF CHILDREN AND
FAMILY  SERVICES  FILES  A  PETITION  WITH  A  FAMILY  COURT IN A SOCIAL
SERVICES DISTRICT WITH AN APPROVED JUVENILE JUSTICE  SERVICES  CLOSE  TO
HOME  INITIATIVE  PURSUANT  TO  SECTION  FOUR HUNDRED FOUR OF THE SOCIAL
SERVICES LAW TO TRANSFER, WITHIN THE FIRST NINETY DAYS THAT SUCH PLAN IS
EFFECTIVE, TO SUCH DISTRICT A RESPONDENT PLACED  IN  THE  OFFICE'S  CARE
PURSUANT TO EITHER SECTION 353.3 OR 353. 5 OF THIS PART:
  (I)  IF  THE  DISTRICT  ONLY HAS AN APPROVED PLAN THAT COVERS JUVENILE
DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL  GRANT
SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY FOR THE RESPOND-
ENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT NEEDS TO BE
PLACED  IN A LIMITED SECURE OR SECURE SETTING OR THE FAMILY COURT DETER-
MINES THAT THERE IS INSUFFICIENT INFORMATION IN THE  PETITION  TO  GRANT
THE  TRANSFER  WITHOUT A HEARING. THE FAMILY COURT SHALL GRANT THE PETI-
TION UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN  ORDER,  THE
REASONS  WHY  A  SECURE  OR  LIMITED  SECURE  PLACEMENT IS NECESSARY AND
CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT  AND  THE
NEED FOR PROTECTION OF THE COMMUNITY.
  (II) IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER
JUVENILE   DELINQUENTS  PLACED  IN  NON-SECURE  AND  IN  LIMITED  SECURE
SETTINGS, FOR THE FIRST NINETY DAYS THAT THE PLAN THAT  COVERS  JUVENILE
DELINQUENTS  IN  LIMITED  SECURE SETTINGS IS EFFECTIVE, THE FAMILY COURT
SHALL GRANT SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY  FOR
THE  RESPONDENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT
NEEDS TO BE PLACED IN A SECURE SETTING OR THE  FAMILY  COURT  DETERMINES
THAT  THERE  IS  INSUFFICIENT  INFORMATION  IN THE PETITION TO GRANT THE
TRANSFER WITHOUT A HEARING. THE FAMILY COURT SHALL  GRANT  THE  PETITION
UNLESS  THE  COURT  DETERMINES,  AND  STATES  IN  ITS WRITTEN ORDER, THE
REASONS WHY A SECURE PLACEMENT IS  NECESSARY  AND  CONSISTENT  WITH  THE
NEEDS  AND  BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR PROTECTION
OF THE COMMUNITY.
  (C) BEGINNING NINETY-ONE  DAYS  AFTER  THE  EFFECTIVE  DATE  A  SOCIAL
SERVICES  DISTRICT'S  PLAN  TO  IMPLEMENT  PROGRAMS FOR JUVENILE JUSTICE
SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED  FOUR

S. 6257--A                         51                         A. 9057--A

OF  THE  SOCIAL  SERVICES  LAW,  IF  THE  OFFICE  OF CHILDREN AND FAMILY
SERVICES FILES A PETITION TO TRANSFER  TO  SUCH  DISTRICT  A  RESPONDENT
PLACED IN THE OFFICE'S CARE PURSUANT TO EITHER SECTION 353.3 OR 353.5 OF
THIS  PART  FROM  A FAMILY COURT IN SUCH A SOCIAL SERVICES DISTRICT, THE
OFFICE SHALL PROVIDE A COPY OF  THE  PETITION  TO  THE  SOCIAL  SERVICES
DISTRICT AND THE PRESENTMENT AGENCY.
  (I)  IF  THE  DISTRICT  ONLY HAS AN APPROVED PLAN THAT COVERS JUVENILE
DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL, AFTER
ALLOWING THE SOCIAL SERVICES DISTRICT  AND  THE  PRESENTMENT  AGENCY  AN
OPPORTUNITY TO BE HEARD, GRANT A PETITION FILED PURSUANT TO THIS SUBPAR-
AGRAPH UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE
REASONS  WHY  A  SECURE  OR  LIMITED  SECURE  PLACEMENT IS NECESSARY AND
CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT  AND  THE
NEED FOR PROTECTION OF THE COMMUNITY.
  (II) IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER
JUVENILE  DELINQUENTS  PLACED IN NON-SECURE AND LIMITED SECURE SETTINGS,
BEGINNING NINETY-ONE DAYS AFTER THE EFFECTIVE  DATE  OF  THE  PLAN  THAT
COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, THE FAMI-
LY  COURT,  AFTER ALLOWING THE SOCIAL SERVICES DISTRICT AND THE PRESENT-
MENT AGENCY AN OPPORTUNITY TO BE HEARD, SHALL  GRANT  A  PETITION  FILED
PURSUANT  TO  THIS SUBPARAGRAPH, UNLESS THE COURT DETERMINES, AND STATES
IN ITS WRITTEN ORDER, THE REASONS WHY A SECURE  PLACEMENT  IS  NECESSARY
AND  CONSISTENT  WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
THE NEED FOR PROTECTION OF THE COMMUNITY.
  S 9. Subdivision 1 of section 355.5 of the family court act, as  added
by chapter 7 of the laws of 1999, is amended to read as follows:
  1.  For  the  purposes  of this section the term "non-secure facility"
means a facility operated by an authorized agency in accordance with  an
operating  certificate  issued  pursuant to the social services law or a
facility[, not including a secure or limited secure  facility,]  with  a
capacity  of twenty-five beds or less operated by the office of children
and family services in accordance with section five hundred four of  the
executive  law.  THE TERM SHALL NOT INCLUDE A LIMITED SECURE OR A SECURE
FACILITY OPERATED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  OR  A
LIMITED  SECURE  FACILITY WITHIN A SOCIAL SERVICES DISTRICT OPERATING AN
APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT  TO
SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  S  10. Notwithstanding any other provision of law to the contrary, the
state shall be authorized to lease to the city of New York, for a dollar
a year, any real property utilized for the care, maintenance and  super-
vision  of adjudicated juvenile delinquents for use by a social services
district pursuant to an approved plan for a  juvenile  justice  services
close  to  home  initiative  for the purpose of carrying out any powers,
functions or duties described in section four hundred four of the social
services law, or any other provision of this act. The city of  New  York
shall  be  responsible  for  the all costs associated with operating and
maintaining such real property other than any debt  services  costs  for
such property that were in existence when the lease was executed. Appli-
cable  state  officials  shall be authorized to make announced and unan-
nounced inspections of the property to determine  whether  it  is  being
maintained  in  an  appropriate  manner.  The  city of New York shall be
responsible for making any repairs to such leased property necessary  to
maintain  the  property  in at least as good as condition as it was when
the property was first leased to the city, allowing for normal wear  and
tear, and shall return the property to the state, when the lease ends or
is  terminated, in the same or better condition than the property was in

S. 6257--A                         52                         A. 9057--A

at the time the lease was first executed, aside  from  normal  wear  and
tear.    The city of New York shall obtain prior approval from the state
for any major renovations to any such leased property.  The  leasing  to
the  social  services  district or the subleasing, design, construction,
reconstruction, improvement,  rehabilitation,  maintaining,  furnishing,
repairing,  equipping or use of any such facility by the social services
district for the care, maintenance and supervision of adjudicated  juve-
nile  delinquents shall not be subject to the provisions of any general,
special or local law, city charter, administrative  code,  ordinance  or
resolution  governing uniform land use review procedures, any other land
use planning review and  approvals,  historic  preservation  procedures,
architectural  reviews,  franchise  approvals  and  other state or local
review and approval  procedures  governing  the  use  of  land  and  the
improvements thereon within the city.
  S  11.  This  act  shall take effect April 1, 2012 and shall expire on
March 31, 2018 when upon such date the provisions of this act  shall  be
deemed  repealed;  provided,  however,  that  effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective  date;
provided,  however,  upon  the  repeal  of  this  act, a social services
district that has custody  of  a  juvenile  delinquent  pursuant  to  an
approved juvenile justice services close to home initiative shall retain
custody  of such juvenile delinquent until custody may be legally trans-
ferred in an orderly fashion  to  the  office  of  children  and  family
services.

                                SUBPART B

  Section 1. Section 398 of the social services law is amended by adding
a new subdivision 3-a to read as follows:
  3-A. AS TO DELINQUENT CHILDREN:
  (A)(1)  CONDITIONALLY  RELEASE ANY JUVENILE DELINQUENT PLACED WITH THE
DISTRICT TO  AFTERCARE  WHENEVER  THE  DISTRICT  DETERMINES  CONDITIONAL
RELEASE TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF SUCH JUVE-
NILE DELINQUENT, THAT SUITABLE CARE AND SUPERVISION CAN BE PROVIDED, AND
THAT THERE IS A REASONABLE PROBABILITY THAT SUCH JUVENILE DELINQUENT CAN
BE  CONDITIONALLY  RELEASED WITHOUT ENDANGERING PUBLIC SAFETY; PROVIDED,
HOWEVER, THAT SUCH CONDITIONAL RELEASE SHALL BE MADE IN ACCORDANCE  WITH
THE  REGULATIONS  OF  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, AND
PROVIDED FURTHER THAT NO JUVENILE DELINQUENT WHILE ABSENT FROM A FACILI-
TY OR PROGRAM WITHOUT THE CONSENT OF THE DIRECTOR OF  SUCH  FACILITY  OR
PROGRAM SHALL BE CONDITIONALLY RELEASED BY THE DISTRICT SOLELY BY REASON
OF THE ABSENCE.
  (2) IT SHALL BE A CONDITION OF SUCH RELEASE THAT A JUVENILE DELINQUENT
SO  RELEASED  SHALL  CONTINUE  TO  BE  THE  RESPONSIBILITY OF THE SOCIAL
SERVICES DISTRICT FOR THE PERIOD PROVIDED IN THE ORDER OF PLACEMENT.
  (3) THE SOCIAL SERVICES DISTRICT MAY PROVIDE  CLOTHING,  SERVICES  AND
OTHER NECESSITIES FOR ANY CONDITIONALLY RELEASED JUVENILE DELINQUENT, AS
MAY  BE  REQUIRED,  INCLUDING  MEDICAL CARE AND SERVICES NOT PROVIDED TO
SUCH JUVENILE DELINQUENT AS MEDICAL ASSISTANCE FOR NEEDY PERSONS  PURSU-
ANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER.
  (4)  THE  SOCIAL SERVICES DISTRICT, PURSUANT TO THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES, MAY CAUSE A JUVENILE  DELINQUENT
TO BE RETURNED TO A FACILITY OPERATED AND MAINTAINED BY THE DISTRICT, OR
AN AUTHORIZED AGENCY UNDER CONTRACT WITH THE DISTRICT, AT ANY TIME WITH-

S. 6257--A                         53                         A. 9057--A

IN THE PERIOD OF PLACEMENT, WHERE THERE IS A VIOLATION OF THE CONDITIONS
OF RELEASE OR A CHANGE OF CIRCUMSTANCES.
  (5)  JUVENILE  DELINQUENTS CONDITIONALLY RELEASED BY A SOCIAL SERVICES
DISTRICT MAY BE PROVIDED FOR AS FOLLOWS:
  (I) IF, IN THE OPINION OF THE SOCIAL SERVICES DISTRICT,  THERE  IS  NO
SUITABLE  PARENT, RELATIVE OR GUARDIAN TO WHOM A JUVENILE DELINQUENT CAN
BE  CONDITIONALLY  RELEASED,  AND  SUITABLE  CARE  CANNOT  OTHERWISE  BE
SECURED, THE DISTRICT MAY CONDITIONALLY RELEASE SUCH JUVENILE DELINQUENT
TO THE CARE OF ANY OTHER SUITABLE PERSON.
  (II)  IF  A  CONDITIONALLY  RELEASED JUVENILE DELINQUENT IS SUBJECT TO
ARTICLE SIXTY-FIVE OF THE EDUCATION LAW OR ELECTS TO PARTICIPATE  IN  AN
EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA, HE OR SHE SHALL BE
ENROLLED  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 A CONDI-
TIONALLY  RELEASED  JUVENILE  DELINQUENT  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, STEPS SHALL BE
TAKEN, TO THE EXTENT POSSIBLE, TO FACILITATE HIS OR HER GAINFUL  EMPLOY-
MENT OR ENROLLMENT IN A VOCATIONAL PROGRAM FOLLOWING RELEASE.
  (B)  WHEN  A  JUVENILE  DELINQUENT  PLACED  WITH  THE  SOCIAL SERVICES
DISTRICT IS ABSENT FROM PLACEMENT WITHOUT CONSENT,  SUCH  ABSENCE  SHALL
INTERRUPT  THE CALCULATION OF TIME FOR HIS OR HER PLACEMENT. SUCH INTER-
RUPTION SHALL CONTINUE UNTIL SUCH JUVENILE  DELINQUENT  RETURNS  TO  THE
FACILITY  OR  AUTHORIZED AGENCY IN WHICH HE OR SHE WAS PLACED. PROVIDED,
HOWEVER, THAT ANY TIME SPENT BY A JUVENILE DELINQUENT  IN  CUSTODY  FROM
THE  DATE  OF  ABSENCE  TO  THE DATE PLACEMENT RESUMES SHALL BE CREDITED
AGAINST THE TIME OF SUCH PLACEMENT PROVIDED THAT SUCH CUSTODY:
  (1) WAS DUE TO AN ARREST OR SURRENDER BASED UPON THE ABSENCE; OR
  (2) AROSE FROM AN ARREST OR SURRENDER ON ANOTHER CHARGE WHICH DID  NOT
CULMINATE IN A CONVICTION, ADJUDICATION OR ADJUSTMENT.
  (C) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS SECTION, NO JUVENILE
DELINQUENT  PLACED WITH A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED
JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT  TO  SECTION
FOUR  HUNDRED  FOUR  OF THIS CHAPTER PURSUANT TO A RESTRICTIVE PLACEMENT
UNDER THE FAMILY COURT ACT SHALL BE RELEASED EXCEPT PURSUANT TO  SECTION
353.5 OF THE FAMILY COURT ACT.
  S  2. Section 351.1 of the family court act is amended by adding a new
subdivision 2-b to read as follows:
  2-B.  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP A  VALI-
DATED  PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESS-
MENT PROCESS FOR JUVENILE DELINQUENTS.  THE DIVISION SHALL  PERIODICALLY
REVALIDATE  ANY  APPROVED  PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT.
THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONSPICUOUSLY  POST  ANY
APPROVED  PRE-DISPOSITIONAL  RISK  ASSESSMENT  INSTRUMENT  AND  ANY RISK
ASSESSMENT PROCESS ON ITS WEBSITE  AND  SHALL  CONFER  WITH  APPROPRIATE
STAKEHOLDERS,  INCLUDING  BUT  NOT  LIMITED  TO, ATTORNEYS FOR CHILDREN,
PRESENTMENT AGENCIES, PROBATION AND THE FAMILY COURT, PRIOR TO  REVISING
ANY  VALIDATED  PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT OR PROCESS.
ANY SUCH REVISED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT  SHALL  BE
SUBJECT  TO  PERIODIC  EMPIRICAL  VALIDATION.   THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL PROVIDE TRAINING ON THE INSTRUMENT AND ANY  PROC-
ESS TO THE FAMILY COURTS, LOCAL PROBATION DEPARTMENTS, PRESENTMENT AGEN-
CIES  AND  COURT  APPOINTED  ATTORNEYS FOR RESPONDENTS. THE DIVISION MAY
DETERMINE THAT A PRE-DISPOSITIONAL RISK ASSESSMENT  INSTRUMENT  AND  ANY
PROCESS  IN  USE  PURSUANT TO SUBDIVISION TWO-A OF SECTION 351.1 OF THIS

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PART MAY CONTINUE TO BE USED PURSUANT TO  SUCH  SUBDIVISION  INSTEAD  OF
REQUIRING  THE  USE  OF  ANY INSTRUMENT OR PROCESS DEVELOPED PURSUANT TO
THIS SUBDIVISION.
  (A)  ONCE  AN  INITIAL  VALIDATED  RISK ASSESSMENT INSTRUMENT AND RISK
ASSESSMENT PROCESS HAVE BEEN DEVELOPED, THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL PROVIDE THE SUPERVISING FAMILY  COURT  JUDGES  AND  LOCAL
PROBATION  DEPARTMENTS  WITH  COPIES  OF  THE  VALIDATED RISK ASSESSMENT
INSTRUMENT AND PROCESS AND NOTIFY THEM OF  THE  EFFECTIVE  DATE  OF  THE
INSTRUMENT  AND  PROCESS,  WHICH SHALL BE AT LEAST SIX MONTHS AFTER SUCH
NOTIFICATION.
  (B) COMMENCING ON THE EFFECTIVE DATE OF A  VALIDATED  RISK  ASSESSMENT
INSTRUMENT   AND  ANY  RISK  ASSESSMENT  PROCESS  AND  THEREAFTER,  EACH
PROBATION INVESTIGATION ORDERED UNDER SUBDIVISION TWO  OF  THIS  SECTION
SHALL  INCLUDE  THE  RESULTS  OF  THE  VALIDATED  RISK ASSESSMENT OF THE
RESPONDENT AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED  IN
ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS
RECEIVED  AND  GIVEN  DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED
RISK ASSESSMENT AND ANY PROCESS AND MADE THE FINDINGS REQUIRED  PURSUANT
TO PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION 352.2 OF THIS PART.
  (C)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA
NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT  INSTRU-
MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION
ADMINISTRATIONS,  DETENTION  PROVIDERS,  PRESENTMENT  AGENCIES  AND  THE
ATTORNEY FOR THE CHILD UPON RETENTION  OR  APPOINTMENT  SOLELY  FOR  THE
PURPOSE OF ACCURATE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT, AND A
COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL
BE MADE AVAILABLE TO THE APPLICABLE COURT.
  (D) LOCAL PROBATION DEPARTMENTS SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH INFORMATION REGARDING USE OF THE PRE-DISPOSITIONAL
RISK  ASSESSMENT  INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN THE TIME
AND MANNER REQUIRED BY THE DIVISION. THE DIVISION MAY REQUIRE THAT  SUCH
DATA  BE  SUBMITTED  TO  THE DIVISION ELECTRONICALLY. THE DIVISION SHALL
SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 3. Subdivision 2 of section 352.2 of the family court act is amended
by adding a new paragraph (g) to read as follows:
  (G)(I) ONCE A  VALIDATED  RISK  ASSESSMENT  INSTRUMENT  AND  ANY  RISK
ASSESSMENT  PROCESS  IS  A REQUIRED PART OF EACH PROBATION INVESTIGATION
ORDERED UNDER SUBDIVISION TWO OF SECTION 351.1 OF THIS PART AND PROVIDED
TO THE COURT IN ACCORDANCE WITH SUBDIVISION TWO-B OF SUCH  SECTION,  THE
COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED RISK
ASSESSMENT  AND ANY SUCH PROCESS WHEN DETERMINING THE APPROPRIATE DISPO-
SITION FOR THE RESPONDENT.
  (II) ANY ORDER OF THE COURT DIRECTING THE PLACEMENT  OF  A  RESPONDENT
INTO A RESIDENTIAL PROGRAM SHALL STATE:
  (A) THE LEVEL OF RISK THE YOUTH WAS ASSESSED PURSUANT TO THE VALIDATED
RISK ASSESSMENT INSTRUMENT; AND
  (B)  IF  A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL OF
PLACEMENT THAN APPEARS WARRANTED BASED ON SUCH RISK  ASSESSMENT  INSTRU-
MENT  AND  ANY  RISK ASSESSMENT PROCESS, THE PARTICULAR REASONS WHY SUCH
PLACEMENT WAS DETERMINED TO BE  NECESSARY  FOR  THE  PROTECTION  OF  THE
COMMUNITY  AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE
RESPONDENT; AND
  (C) THAT A LESS RESTRICTIVE ALTERNATIVE THAT WOULD BE CONSISTENT  WITH
THE  NEEDS  AND  BEST  INTERESTS  OF  THE  RESPONDENT  AND  THE NEED FOR
PROTECTION OF THE COMMUNITY IS NOT AVAILABLE.

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  S 4. The opening paragraph of subdivision 2 of 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:
  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 agen-
cies, including, if] AND the court finds that the respondent is a  sexu-
ally  exploited  child  as  defined  in  subdivision one of section four
hundred forty-seven-a of the social  services  law[,]  AND  PLACES  SUCH
RESPONDENT  IN  an  available  long-term safe house. Unless the disposi-
tional order provides otherwise, the court so  directing  shall  include
one of the following alternatives to apply in the event that the commis-
sioner is unable to so place the respondent:
  S  5.  The  opening paragraph of subdivision 3 of 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:
   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-seven-a of  the
social  services law[,] AND PLACES SUCH RESPONDENT IN an available long-
term safe house pursuant to subdivision four of this section,  authorize
the office to do one of the following:
  S  6.  Subdivision  4  of  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:
  4.  Where  the  respondent  is  placed with the office of children and
family services, AND IF THE COURT FINDS THAT THE RESPONDENT IS A SEXUAL-
LY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES  LAW,  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,] IN 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 agen-
cy], 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 notify 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 place-
ment.]
  S 7. Subdivisions 1 and 2 of section 355.4 of the family court act, as
added by chapter 479 of the  laws  of  1992,  are  amended  to  read  as
follows:
  1.  At  the  conclusion  of the dispositional hearing pursuant to this
article, where the respondent is to be placed  with  the  [division  for
youth]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES OR A SOCIAL SERVICES
DISTRICT, the court shall inquire as to whether  the  parents  or  legal
guardian  of  the  youth,  if  present,  will consent for the [division]
OFFICE OR THE DISTRICT to provide routine  medical,  dental  and  mental
health services and treatment.
  2.  Notwithstanding  subdivision  one of this section, where the court
places a youth  with  the  [division]  OFFICE  OF  CHILDREN  AND  FAMILY

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SERVICES  OR  A SOCIAL SERVICES DISTRICT pursuant to this article and no
medical consent has been obtained prior to an order of disposition,  the
placement  order  shall be deemed to grant consent for the [division for
youth] OFFICE OR THE DISTRICT to provide for routine medical, dental and
mental health services and treatment to such youth so placed.
  S 8. This act shall take effect April 1, 2012; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.
  S 3. 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  4.  This act shall take effect immediately; provided, however, that
the applicable effective date of subparts A and B of this act  shall  be
as specifically set forth in the last section of such subparts.

                                 PART H

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part I of
chapter 60 of the laws of 2011, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2012] 2013, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the New York state higher education matching grant program for inde-
pendent colleges, as amended by section 2 of part M of chapter 59 of the
laws of 2010, is amended to read as follows:
  (h) If a college did not apply for a  potential  grant  by  March  31,
2009,  funds associated with such potential grant shall be awarded, on a
competitive basis, to other colleges, according to  the  priorities  set
forth  below. Colleges shall be eligible to apply for unutilized grants.
In such cases, the following priorities  shall  apply:  first,  priority
shall be given to otherwise eligible colleges that either were, or would
have  been,  deemed  ineligible for the program prior to March 31, 2009,

S. 6257--A                         57                         A. 9057--A

due to missed deadlines, insufficient matching funds, lack  of  accredi-
tation  or  other disqualifying reasons; and second, after the board has
acted upon all such first-priority applications for unused funds, if any
such  funds  remain,  those funds shall be available for distribution to
eligible colleges that are located within the same Regents of the  State
of  New York region for which such funds were originally allocated.  The
dormitory authority shall develop a request for proposals  and  applica-
tion  process, in consultation with the board, for such grants and shall
develop criteria, subject to review by the board, for  the  awarding  of
such  grants.  Such  criteria  shall  incorporate  the matching criteria
contained in paragraph (c) of  this  subdivision,  and  the  application
criteria  set  forth in paragraph (e) of this subdivision. The dormitory
authority shall require all applications in response to the request  for
proposals  to  be  submitted  by September 1, [2010] 2012, and the board
shall act on each application for such matching grants  by  November  1,
[2010] 2012.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law  and other laws implementing the state fiscal plan for the 2005-2006
state fiscal year, relating to  the  New  York  state  higher  education
matching grant program for independent colleges, as amended by section 2
of  part  I  of  chapter  60  of the laws of 2011, is amended to read as
follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59  of  the  laws  of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er  education  capital  matching  grants,  the director of the budget is
authorized in any state fiscal year commencing  April  1,  2005  or  any
state  fiscal  year  thereafter  for a period ending on March 31, [2012]
2014, to enter into one or more service contracts, none of  which  shall
exceed  30  years  in  duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
  S 4. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the New York state higher education matching grant program for inde-
pendent colleges, as amended by section 3 of part I of chapter 60 of the
laws of 2011, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2012]
2013,  on  the use of funding received and its programmatic and economic
impact. The dormitory authority shall submit  a  report  no  later  than
November  1, [2012] 2013 to the board, the governor, the director of the
budget, the temporary president of the senate, and the  speaker  of  the
assembly  on the aggregate impact of the higher education capital match-
ing grant program. Such report shall provide information on the progress
and economic impact of such project.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART I

  Section  1.  Section  5704  of the education law is amended to read as
follows:

S. 6257--A                         58                         A. 9057--A

  S 5704. Trustees shall make reports; university subject to  visitation
of  regents;  SERVICES  FOR  STATE  AGENCIES.    1. The trustees of said
university shall make all the reports and perform such other acts as may
be necessary to conform to the act of congress, entitled "An act  donat-
ing public lands to the several states and territories which may provide
colleges for the benefit of agriculture and the mechanic arts," approved
July  second,  eighteen  hundred sixty-two. The said university shall be
subject to visitation of the regents of the university.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  AND
SUBJECT TO THE REVIEW OF THE STATE COMPTROLLER, THE STATE MAY ENTER INTO
AN  AGREEMENT  WITH  THE  UNIVERSITY  PRESCRIBING  THE GENERAL TERMS AND
CONDITIONS FOR PROVIDING SERVICES OR TECHNICAL  ASSISTANCE  PURSUANT  TO
ARTICLE  ELEVEN  OF THE STATE FINANCE LAW OR PROGRAM ACTIVITIES PURSUANT
TO ARTICLE ELEVEN-B OF THE STATE FINANCE LAW. SUBJECT TO SUCH TERMS  AND
CONDITIONS, STATE AGENCIES MAY ENTER INTO AGREEMENTS WITH SAID UNIVERSI-
TY  FOR THE PROVISION OF SUCH SERVICES, ASSISTANCE OR ACTIVITIES RELATED
TO THE UNIVERSITY'S LAND GRANT MISSION, WHICH AGREEMENTS  SHALL  NOT  BE
SUBJECT TO THE REQUIREMENTS OF THE STATE FINANCE LAW.
  S 2. This act shall take effect immediately.

                                 PART J

  Section  1.    Subdivision  4 of section 4410 of the education law, as
added by chapter 243 of the laws of 1989,  paragraph  a  as  amended  by
chapter  705  of the laws of 1992, paragraph c as amended by chapter 474
of the laws of 1996 and paragraphs d and e as amended by chapter 520  of
the laws of 1993, is amended to read as follows:
  4.  Evaluations.  a.  The  board  shall  identify each preschool child
suspected of having a [handicapping condition]  DISABILITY  who  resides
within  the district and, upon referral to the committee shall, with the
consent of  the  parent,  provide  for  an  evaluation  related  to  the
suspected disability of the child. The board shall make such identifica-
tion in accordance with regulations of the commissioner.
  b. Each board shall, within time limits established by the commission-
er,  be  responsible  for  providing  the  parent  of  a preschool child
suspected of having a [handicapping condition] DISABILITY with a list of
approved evaluators in the geographic area.  The parent may  select  the
evaluator  from  such list.  PROVIDED HOWEVER THAT, FOR THE TWO THOUSAND
TWELVE  --  TWO  THOUSAND  THIRTEEN  SCHOOL  YEAR  AND   THEREAFTER,   A
LESS-THAN-ARM'S-LENGTH  RELATIONSHIP  SHALL NOT EXIST BETWEEN THE EVALU-
ATOR SELECTED BY THE PARENT FROM SUCH LIST AND THE PROVIDER  RECOMMENDED
BY THE BOARD TO DELIVER SERVICES TO THE PRESCHOOL CHILD WITH A DISABILI-
TY, UNLESS APPROVAL OF THE COMMISSIONER IS OBTAINED OR FOR THE TWO THOU-
SAND TWELVE -- TWO THOUSAND THIRTEEN SCHOOL YEAR THE PRESCHOOL CHILD WAS
ENROLLED  IN  SUCH  PROGRAM  IN THE PRIOR YEAR.   PROVIDED FURTHER THAT,
UNLESS AUTHORIZED BY THE COMMISSIONER UPON A FINDING THAT THE BOARD  HAS
DEMONSTRATED THAT THE PROGRAM OFFERED BY THE PROVIDER IS THE ONLY APPRO-
PRIATE  PROGRAM  AVAILABLE  TO  PROVIDE THE PROGRAMS AND SERVICES RECOM-
MENDED IN THE CHILD'S INDIVIDUALIZED EDUCATION  PROGRAM,  THE  EVALUATOR
SELECTED  BY  THE  PARENT FROM SUCH LIST AND THE PROVIDER RECOMMENDED BY
THE BOARD TO DELIVER SERVICES TO SUCH PRESCHOOL CHILD WITH A  DISABILITY
SHALL NOT BE THE SAME ENTITY. Each board shall provide for dissemination
of  the  list  and  other  information  to  parents at appropriate sites
including but not limited to  pre-kindergarten,  day  care,  head  start
programs  and early childhood direction centers, pursuant to regulations
of the commissioner.

S. 6257--A                         59                         A. 9057--A

  c. The documentation of the evaluation shall  include  all  assessment
reports and a summary report of the findings of the evaluation on a form
prescribed  by  the  commissioner  including a detailed statement of the
preschool child's individual needs. The summary report  shall  not  make
reference  to  any specific provider of special services or programs. In
addition, with the consent of  the  parents,  approved  evaluators  THAT
CONDUCT  AN EVALUATION PURSUANT TO THIS SUBDIVISION and committees shall
be provided with the most recent evaluation report for a child in  tran-
sition  from  programs  and  services provided pursuant to title [two-a]
TWO-A of article twenty-five of the public  health  law.  Nothing  shall
prohibit  an  approved evaluator THAT CONDUCTS AN EVALUATION PURSUANT TO
THIS SUBDIVISION or the committee from reviewing  other  assessments  or
evaluations  to determine if such assessments or evaluations fulfill the
requirements of the regulations of the commissioner. Notwithstanding any
inconsistent  provisions  of  this  section,  the  committee,   in   its
discretion,  may obtain an evaluation of the child from another approved
evaluator prior to making any recommendation that would place a child in
the approved program that conducted the initial evaluation of the child.
  d. The approved evaluator shall, following completion  of  the  evalu-
ation,  transmit  the  documentation of the evaluation to all members of
the committee and to a person designated by the  municipality  in  which
the   preschool  child  resides.  Each  municipality  shall  notify  the
[approved evaluators in the geographic area] COMMITTEE of the person  so
designated. The summary report of the evaluation shall be transmitted in
English  and when necessary, also in the dominant language or other mode
of communication of the parent;  the  documentation  of  the  evaluation
shall  be  transmitted  in  English and, upon the request of the parent,
also in the dominant language or other  mode  of  communication  of  the
parent,  unless  not  clearly  feasible to do so pursuant to regulations
promulgated by the commissioner. Costs of translating the summary report
and documentation of the evaluation shall be separately reimbursed.  If,
based  on the evaluation, the committee finds that a child has a [handi-
capping condition] DISABILITY, the committee shall use the documentation
of the evaluation to develop an individualized education program for the
preschool child. Nothing herein shall  prohibit  an  approved  evaluator
from  at  any time providing the parent with a copy of the documentation
of the evaluation provided to the committee.
  e.  Prior to the committee meeting at which eligibility will be deter-
mined, the committee shall provide the parent with a copy of the summary
report of the findings of the evaluation, and shall provide  the  parent
with  written  notice  of  the  opportunity  to address the committee in
person or in writing. Upon timely request of the parent,  the  committee
shall,  prior to meeting, provide a copy of all written documentation to
be considered by the committee; provided, however,  that  such  material
shall be provided to the parent at any time upon request.
  f.  If the parent disagrees with the evaluation, the parent may obtain
an  additional  evaluation at public expense to the extent authorized by
federal law or regulation.
  S 2. Subparagraph (i) of paragraph b of subdivision 5 of section  4410
of  the education law, as amended by chapter 474 of the laws of 1996, is
amended to read as follows:
  (i) If the committee determines that the child has a  disability,  the
committee  shall  recommend  approved  appropriate  services  or special
programs and the frequency, duration and  intensity  of  such  services,
including  but  not limited to the appropriateness of single services or
half-day programs based on the individual needs of the preschool  child.

S. 6257--A                         60                         A. 9057--A

The committee shall first consider the appropriateness of providing: (i)
related  services  only; (ii) special education itinerant services only;
(iii) related services in combination with special  education  itinerant
services;  (iv) a half-day program, as defined in the regulations of the
commissioner; (v) a full day program; in meeting the child's  needs.  If
the  committee  determines  that  the  child demonstrates the need for a
single related service, such service shall  be  provided  as  a  related
service  only  or,  where  appropriate, as a special education itinerant
service. Prior  to  recommending  the  provision  of  special  education
services  in a setting which includes only preschool children with disa-
bilities, the committee shall first consider providing special education
services in a setting which includes age-appropriate peers without disa-
bilities. Provision of special education services in a setting  with  no
regular contact with such age-appropriate peers shall be considered only
when  the  nature  or  severity  of  the child's disability is such that
education in a less restrictive environment with the use of supplementa-
ry aids and services cannot be  achieved  satisfactorily.  IN  ADDITION,
PRIOR  TO  RECOMMENDING  PLACEMENT  OF  A PRESCHOOL CHILD IN AN APPROVED
PROGRAM, THE COMMITTEE SHALL DETERMINE  WHETHER  SUCH  PLACEMENT  IS  AS
CLOSE AS POSSIBLE TO THE CHILD'S HOME AND, IN MAKING SUCH DETERMINATION,
SHALL  CONSIDER  WHETHER  ANOTHER  APPROPRIATE  APPROVED PROGRAM LOCATED
CLOSER TO THE CHILD'S HOME IS AVAILABLE. The committee's  recommendation
shall include a statement of the reasons why less restrictive placements
were  not  recommended, INCLUDING, WHERE THE COMMITTEE RECOMMENDS PLACE-
MENT IN AN APPROVED PROGRAM THAT IS MORE DISTANT FROM THE  CHILD'S  HOME
THAN  ANOTHER  APPROVED PROGRAM OFFERING COMPARABLE SERVICES APPROPRIATE
TO THE NEEDS OF THE PRESCHOOL CHILD, AN  EXPLANATION  OF  WHY  THE  MORE
DISTANT  PROGRAM  WAS RECOMMENDED. The committee may recommend placement
in a program that uses psychotropic drugs only  if  the  program  has  a
written  policy pertaining to such use and the parent is given a copy of
such written policy at the time such recommendation is made.
  S 3. Paragraph b of subdivision 11 of section 4410  of  the  education
law, as amended by chapter 170 of the laws of 1994, subparagraph (ii) as
amended  by  section  54  of  part  C of chapter 57 of the laws of 2004,
subparagraph (iii) as amended by chapter 205 of the laws of 2009, clause
(b) of subparagraph (iii) as amended by section 63 of part A of  chapter
58  of  the laws of 2011, subparagraphs (iv) and (v) as added by chapter
474 of the laws of 1996 and subparagraph  (vi) as added by section 1  of
part  Q1  of  chapter  109  of  the  laws of 2006, is amended to read as
follows:
  b.  (i)  Commencing  with  the  reimbursement  of  municipalities  for
services provided pursuant to this section on or after July first, nine-
teen  hundred  ninety-three,  AND  EXCEPT  AS OTHERWISE PROVIDED IN THIS
SUBPARAGRAPH, the  state  shall  reimburse  fifty-nine  and  [one  half]
ONE-HALF  percent  of  the approved costs paid by a municipality for the
purposes of this section. Commencing with the reimbursement  of  munici-
palities  [for  services  provided  pursuant to this section on or after
July first, nineteen hundred  ninety-four,  the  state  shall  reimburse
sixty-nine  and one-half percent of the approved costs paid by a munici-
pality for the purposes of this section. The state shall reimburse fifty
percent of the approved costs paid by a municipality for the purposes of
this section for services provided prior to July first, nineteen hundred
ninety-three] OTHER THAN THE CITY OF  NEW  YORK  FOR  SERVICES  PROVIDED
PURSUANT  TO  THIS  SECTION ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE,
THE STATE SHALL ALSO REIMBURSE SIXTY-SIX AND SIX-TENTHS PERCENT  OF  THE
EXCESS LOCAL SHARE AMOUNT.  Such state reimbursement to the municipality

S. 6257--A                         61                         A. 9057--A

shall  BE  NET  OF  ANY DEDUCTIONS PURSUANT TO SUBPARAGRAPH (IV) OF THIS
PARAGRAPH AND SHALL not be paid prior to April first of the school  year
in which such approved costs are paid by the municipality.
  (ii)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER, SUBJECT TO THE APPROVAL OF THE  DIRECTOR  OF  THE  BUDGET,
SHALL  COMPUTE  AND  ESTABLISH  A  LOCAL SHARE BASE AMOUNT FOR CLAIMS BY
MUNICIPALITIES OTHER THAN THE CITY OF NEW YORK  OF  THE  APPROVED  COSTS
SUBJECT  TO  STATE  REIMBURSEMENT FOR SERVICES PROVIDED PURSUANT TO THIS
SECTION IN EACH SCHOOL YEAR STARTING WITH THE TWO  THOUSAND  TWELVE--TWO
THOUSAND  THIRTEEN  SCHOOL  YEAR.    FOR PURPOSES OF THIS PARAGRAPH, THE
"LOCAL SHARE BASE AMOUNT" MEANS THE PRODUCT OF (A)  FORTY  AND  ONE-HALF
PERCENT AND (B) THE APPROVED COSTS INCURRED PURSUANT TO THIS SECTION AND
SECTION  FORTY-FOUR  HUNDRED  TEN-A  OF THIS ARTICLE IN THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR ATTRIBUTABLE TO EACH SUCH  MUNI-
CIPALITY,  AND  THE  "LOCAL SHARE AMOUNT" MEANS THE PRODUCT OF (A) FORTY
AND ONE-HALF PERCENT AND (B) THE APPROVED  COSTS  INCURRED  PURSUANT  TO
THIS SECTION AND SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE IN THE
CURRENT  SCHOOL  YEAR ATTRIBUTABLE TO EACH MUNICIPALITY, AND THE "EXCESS
LOCAL SHARE AMOUNT" MEANS THE  POSITIVE  DIFFERENCE  BETWEEN  THE  LOCAL
SHARE  AMOUNT  LESS  THE LOCAL SHARE BASE AMOUNT. THE COMMISSIONER SHALL
ALSO COMPUTE THE "SCHOOL DISTRICT SHARE" FOR  EACH  SCHOOL  DISTRICT  OF
RESIDENCE  OF PRESCHOOL CHILDREN WHO RESIDE WITHIN THE MUNICIPALITY, AND
FOR EACH PRESCHOOL CHILD WHO IS HOMELESS OR A FOSTER  CARE  CHILD  LIVES
AND  FOR  WHOM  THE  MUNICIPALITY  IS  THE  MUNICIPALITY OF RESIDENCE AS
DEFINED IN SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE. THE "SCHOOL
DISTRICT SHARE" MEANS THE PRODUCT OF: (A) THIRTY-THREE AND  THREE-TENTHS
PERCENT AND (B) THE EXCESS LOCAL SHARE AMOUNT ATTRIBUTABLE TO THE SCHOOL
DISTRICT.    THE SCHOOL DISTRICT SHARE SHALL BE A CHARGE UPON THE SCHOOL
DISTRICT. THE COMMISSIONER SHALL DEDUCT AN AMOUNT EQUAL TO  SUCH  UNPAID
OBLIGATION  FROM  ANY  PAYMENTS WHICH BECOME DUE TO SUCH SCHOOL DISTRICT
PURSUANT TO SUBDIVISION THREE OF SECTION  FORTY-FOUR  HUNDRED  EIGHT  OF
THIS  CHAPTER.  WHERE  SUCH SCHOOL DISTRICT IS NOT ELIGIBLE FOR PAYMENTS
PURSUANT TO SUCH SECTION FORTY-FOUR HUNDRED EIGHT OR THE AMOUNT OF  SUCH
UNPAID OBLIGATIONS EXCEEDS THE AMOUNT DUE TO SUCH SCHOOL DISTRICT PURSU-
ANT TO SUCH SECTION FORTY-FOUR HUNDRED EIGHT IN THE CURRENT SCHOOL YEAR,
THE  COMMISSIONER SHALL DEDUCT AN AMOUNT EQUAL TO SUCH UNPAID OBLIGATION
FROM ANY GENERAL AID FOR PUBLIC SCHOOLS PAYMENTS  WHICH  BECOME  DUE  TO
SUCH  SCHOOL  DISTRICT  PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF
THIS CHAPTER, EXCLUDING PAYMENTS PURSUANT TO CLAUSE  (III)  OF  SUBPARA-
GRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SUCH SECTION THIRTY-SIX
HUNDRED  NINE-A. WHERE SUCH SCHOOL DISTRICT IS NOT ELIGIBLE FOR PAYMENTS
PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A,  OR  THE  AMOUNT  OF
SUCH  UNPAID  OBLIGATIONS EXCEEDS THE AMOUNT DUE TO SUCH SCHOOL DISTRICT
PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A IN THE CURRENT SCHOOL
YEAR, THE COMMISSIONER SHALL BILL AND RECOVER FROM SUCH SCHOOL  DISTRICT
ANY  EXCESS  UNPAID OBLIGATION AND THE AMOUNT RECOVERED FROM SUCH SCHOOL
DISTRICT SHALL BE CREDITED TO THE APPROPRIATION  FOR  PURPOSES  OF  THIS
SECTION  IN  THE  LOCAL  ASSISTANCE  ACCOUNT OF THE DEPARTMENT. PROVIDED
HOWEVER, THAT NO SUCH DEDUCTION OR RECOVERY SHALL BE MADE PRIOR TO  JULY
FIRST,  TWO  THOUSAND  THIRTEEN AND THE AMOUNT SO DEDUCTED FROM PAYMENTS
PURSUANT TO SECTIONS FORTY-FOUR  HUNDRED  EIGHT  OR  THIRTY-SIX  HUNDRED
NINE-A  SHALL  BE  TRANSFERRED TO THE APPROPRIATION MADE FOR PURPOSES OF
THIS SECTION FROM THE SUMMER SCHOOL SPECIAL EDUCATION  APPROPRIATION  OR
THE GENERAL SUPPORT FROM PUBLIC SCHOOLS APPROPRIATION.
  (III)  In accordance with a schedule adopted by the commissioner, each
municipality which has been notified by a board  of  its  obligation  to

S. 6257--A                         62                         A. 9057--A

contract  for the provision of approved special services or programs for
a preschool child shall be provided with a listing of all such  children
by the commissioner. Such list shall include approved services and costs
as prescribed by the commissioner for each such child for whom the muni-
cipality  shall  certify,  on  such  list,  the amount expended for such
purposes and the date of expenditure. Upon the receipt of such certified
statement, the commissioner shall examine the same, and if such expendi-
tures were made as required by  this  section,  the  commissioner  shall
approve it and transmit it to the comptroller for audit. The comptroller
shall  thereupon  issue  his  warrant,  in  the amount specified in such
approved statement for the payment thereof out  of  moneys  appropriated
therefor, to the municipal treasurer or chief fiscal officer as the case
may be.
  [(iii)] (IV) (a) Notwithstanding the provisions of this paragraph, any
monies  due  municipalities  pursuant  to  this  paragraph  for services
provided during the two thousand  eight--two  thousand  nine  and  prior
school  years  shall be reduced by an amount equal to the product of the
percentage of the approved costs reimbursed by  the  state  pursuant  to
subparagraph (i) of this paragraph and any federal participation, pursu-
ant  to  title  XIX  of  the  social  security act, in special education
programs provided pursuant  to  this  section.  The  commissioner  shall
deduct  such  amount,  as certified by the commissioner of health as the
authorized  fiscal  agent  of  the  state  education  department.   Such
deductions  shall  be  made  in  accordance with a plan developed by the
commissioner and approved by the director of the budget. To  the  extent
that  such deductions exceed moneys owed to the municipality pursuant to
this paragraph, such excess shall be deducted from  any  other  payments
due the municipality.
  (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.
  [(iv)] (V) Notwithstanding any other provision of law to the contrary,
no payments shall be made by the commissioner pursuant to  this  section
on or after July first, nineteen hundred ninety-six based on a claim for
services  provided during school years nineteen hundred eighty-nine--ni-
nety, nineteen hundred ninety--ninety-one, nineteen hundred  ninety-one-
ninety-two,  nineteen hundred ninety-two--ninety-three, nineteen hundred

S. 6257--A                         63                         A. 9057--A

ninety-three--ninety-four, and nineteen hundred ninety-four--ninety-five
which is submitted later than two years after the end  of  the  nineteen
hundred  ninety-five--ninety-six school year; provided, however, that no
payment  shall  be barred or reduced where such payment is required as a
result of a court order or judgment  or  a  final  audit,  and  provided
further  that  the  commissioner  may  grant  a waiver to a municipality
excusing the late filing of such a claim upon a finding that  the  delay
was  caused  by  a party other than the municipality or a board to which
the municipality delegated authority pursuant to paragraph f of subdivi-
sion five or subdivision eight of this section.
  [(v)] (VI) Notwithstanding any other provision of law to the contrary,
no payments shall be made by the commissioner pursuant to  this  section
on or after July first, nineteen hundred ninety-six based on a claim for
services provided in the nineteen hundred ninety-five--ninety-six school
year  or  thereafter which is submitted later than three years after the
end of the school year in which services were rendered, provided, howev-
er, that no payment shall be barred or reduced  where  such  payment  is
required  as a result of a court order or judgment or a final audit, and
provided further that the commissioner may grant a waiver to  a  munici-
pality  excusing the late filing of such a claim upon a finding that the
delay was caused by a party other than the municipality or  a  board  to
which  the  municipality  delegates authority pursuant to paragraph f of
subdivision five or subdivision eight of this section.
  [(vi)] (VII) Notwithstanding any other provision of law to the contra-
ry, beginning with state reimbursement  otherwise  payable  in  the  two
thousand  six--two  thousand  seven  state  fiscal year and in each year
thereafter, payments pursuant to this section, subject to county  agree-
ment  and  in  the amounts specified in such agreement, shall be paid no
later than June thirtieth of the state fiscal year  next  following  the
state fiscal year in which such reimbursement was otherwise eligible for
payment  and  in  which  the  liability  to  the  county  for such state
reimbursement accrued, provided that such payments in a subsequent state
fiscal year shall be recognized by the state and the  applicable  county
as  satisfying  the  state  reimbursement obligation for the prior state
fiscal year. Any unspent amount associated with such  county  agreements
shall not be available for payments to other counties or municipalities.
  S 4. This act shall take effect July 1, 2012.

                                 PART K

  Section  1. Paragraph h of subdivision 4 of section 1950 of the educa-
tion law is amended by adding a new subparagraph 8 to read as follows:
  (8) TO ENTER INTO CONTRACTS WITH THE COMMISSIONER  OF  THE  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES PURSUANT TO SUBDIVISION SIX-A OF SECTION
THIRTY-TWO HUNDRED TWO OF THIS CHAPTER TO PROVIDE TO  SUCH  OFFICE,  FOR
THE  BENEFIT OF YOUTH IN ITS CUSTODY, ANY SERVICES PROVIDED BY THE BOARD
OF COOPERATIVE EDUCATIONAL SERVICES TO COMPONENT SCHOOL  DISTRICTS.  ANY
SUCH  PROPOSED  CONTRACT  SHALL BE SUBJECT TO THE REVIEW AND APPROVAL OF
THE COMMISSIONER TO DETERMINE THAT IT IS AN APPROVED COOPERATIVE  EDUCA-
TIONAL  SERVICE.  SERVICES  PROVIDED PURSUANT TO SUCH CONTRACTS SHALL BE
PROVIDED AT COST, AND THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
SHALL  NOT  BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN PROVIDING SUCH
SERVICES TO ITS COMPONENT SCHOOL DISTRICTS.
  S 2. Subdivision 6-a of section 3202 of the education law, as  amended
by chapter 465 of the laws of 1992, is amended to read as follows:

S. 6257--A                         64                         A. 9057--A

  6-a.  Notwithstanding subdivision six of this section OR ANY OTHER LAW
TO THE CONTRARY, the [director of the division for  youth]  COMMISSIONER
OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES shall be responsible for
the secular education of youth under the jurisdiction of the  [division]
OFFICE and may contract for such education with the trustees or board of
education  of the school district wherein a facility for the residential
care of [division for] SUCH youth is located OR WITH THE BOARD OF  COOP-
ERATIVE  EDUCATIONAL  SERVICES  AT  WHICH  ANY SUCH SCHOOL DISTRICT IS A
COMPONENT DISTRICT.  A youth attending a local public  school  while  in
residence  at  such  facility  shall  be deemed a resident of the school
district where his parent or guardian resides  at  the  commencement  of
each  school  year  for the purpose of determining which school district
shall be responsible for the youth's tuition pursuant  to  section  five
hundred four of the executive law.
  S 3. This act shall take effect immediately.

                                 PART L

  Section 1. Section 527-l of the executive law is REPEALED.
  S  2.  This act shall take effect April 1, 2012; provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2012.

                                 PART M

  Section 1. Paragraph (d) of subdivision 2 of section 530 of the execu-
tive  law, as added by section 4 of subpart B of part Q of chapter 58 of
the laws of 2011, is amended to read as follows:
  (d) (I) NOTWITHSTANDING ANY PROVISION OF  LAW  OR  REGULATION  TO  THE
CONTRARY,  ANY  INFORMATION  OR  DATA  NECESSARY  FOR  THE  DEVELOPMENT,
COMPLETION, VALIDATION OR REVALIDATION OF THE DETENTION RISK  ASSESSMENT
INSTRUMENT  SHALL  BE  SHARED  BETWEEN  LOCAL PROBATION DEPARTMENTS, THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND, WHERE AUTHORIZED BY THE DIVI-
SION, ANY ENTITY UNDER CONTRACT WITH THE DIVISION TO PROVIDE INFORMATION
TECHNOLOGY SERVICES, THE OFFICE, AND ANY ENTITY UNDER CONTRACT WITH  THE
OFFICE  TO  PROVIDE  SERVICES  RELATING  TO THE DEVELOPMENT, COMPLETION,
VALIDATION OR REVALIDATION OF THE DETENTION RISK ASSESSMENT  INSTRUMENT.
(II)  Data  collected  for the purposes of completing the detention risk
assessment instrument from any source other  than  an  officially  docu-
mented record shall be confirmed as soon as practicable. Should any data
originally  utilized  in  completing  the  risk assessment instrument be
found to conflict  with  the  officially  documented  record,  the  risk
assessment  instrument shall be completed with the officially documented
data and any corresponding revision to the risk categorization shall  be
made. The office shall periodically revalidate any approved risk assess-
ment  instrument.  The  office  shall  conspicuously  post  any approved
detention risk assessment instrument on its  website  and  shall  confer
with  appropriate  stakeholders, including but not limited to, attorneys
for children, presentment agencies, probation,  and  the  family  court,
prior  to  revising  any  validated risk assessment instrument. Any such
revised risk assessment instrument shall be subject to  periodic  empir-
ical validation.
  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

S. 6257--A                         65                         A. 9057--A

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 M of this act shall be
as specifically set forth in the last section of such Parts.

S6257B - Bill Details

See Assembly Version of this Bill:
A9057D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6257B - Bill Texts

view summary

Relates to school district eligibility for an increase in apportionment of school aid and implementation of new standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; relates to contracts for excellence, apportionment of school aid, apportionment of school aid and of current year approved expenditures for debt service, calculation of the gap elimination restoration amount, apportionment for transportation, school district management efficiency awards, maximum class size, transportation to students who remain at school until 5 pm or later; relates to requiring the office of temporary and disability assistance to provide the department of education with certain information; relates to withdrawals from the employee benefit accrued liability reserve fund; relating to funding a program for work force education conducted by the consortium for worker education in New York city, relating to apportionment and reimbursement and extends the expiration of certain provisions; relates to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, to amend 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, to amend chapter 698 of the laws of 1996 amending the education law relating to transportation contracts, to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, to amend 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, to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, to amend chapter 57 of the laws of 2008 amending the education law relating to the universal pre-kindergarten program, in relation to extending the expiration of certain provisions of such chapters; relates to authorizing annual professional performance reviews transition grants; authorizes the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to school bus driver training; relates to the support of public libraries; relates to providing special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; relates to submission of school construction final cost reports; repeals certain provisions of the education law relating to annual professional performance review of classroom teachers and building principals and the teacher evaluation appeal process; and provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tenured teacher disciplinary hearings (Part B); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part C); relates to the standards of monthly need for persons in receipt of public assistance (Part D); relates to authorizing the office of temporary and disability assistance to administer the program of supplemental security income additional state payments and to repeal certain provisions of such law relating thereto (Part E); relates to funding for children and family services, in relation to the effectiveness thereof (Part F); relates to establishing a juvenile justice services close to home initiative and providing for the repeal of such provisions upon expiration thereof (Subpart A); relates to juvenile delinquents and providing for the repeal of such provisions upon expiration thereof (Subpart B) (Part G); relates to the New York state higher education capital matching grant program for independent colleges, in relation to the effectiveness thereof (Part H); relates to provision of services, technical assistance and program activities to state agencies by Cornell university (Part I); relates to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services and providing for the repeal of such provisions upon expiration thereof (Part K); repeals provisions relating to annual reports of the youth center facility program (Part L); relates to the creation of a validated risk assessment instrument (Part M); directs the board of trustees of SUNY and CUNY to conduct a study on student remediation and strategies and programs to promote transition to college readiness (Part N); relates to the SUNY Challenge Grant Program (Part O); relates to non-resident tuition of students of the university centers of the State University of New York (Part P); relates to community college charges for non-residence students (Part Q); relates to the demonstration program authorized within Nassau and Suffolk counties (Part R); authorizes payments of aid and incentives for municipalities (Part S); relates to state aid on certain state leased or state-owned land (Part T); relates to the municipal redevelopment law authorizing tax increment bonds payable from and secured by real property taxes levied by a school district within a project area (Part U); relates to prescription forms and labels, interpretation services and patients with limited English proficiency (Part V); relates to providing for the establishment of a state veteran's cemetery (Part W).

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

    S. 6257--B                                            A. 9057--B

                      S E N A T E - A S S E M B L Y

                            January 17, 2012
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle 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

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT in relation to school district eligibility  for  an  increase  in
  apportionment  of  school  aid and implementation of new standards for
  conducting annual professional performance reviews to determine teach-
  er and  principal  effectiveness;  to  amend  the  education  law,  in
  relation  to  contracts  for  excellence, apportionment of school aid,
  apportionment of school aid and of current year approved  expenditures
  for  debt  service,  calculation  of  the  gap elimination restoration
  amount, apportionment for transportation, school  district  management
  efficiency  awards,  maximum  class  size; 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;  and  in  relation  to
  extending  the  expiration of certain provisions; 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 educa-
  tion law and certain other  laws  relating  to  state  aid  to  school
  districts  and  the  appropriation of funds for the support of govern-
  ment, chapter 698 of the laws  of  1996  amending  the  education  law
  relating  to transportation contracts, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-03-2

S. 6257--B                          2                         A. 9057--B

  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,  to  amend  chapter 57 of the laws of 2008 amending the
  education law relating to the universal pre-kindergarten  program,  in
  relation  to  extending  the  expiration of certain provisions of such
  chapters; 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; relating to submission of school  construction  final  cost
  reports; and providing for the repeal of certain provisions upon expi-
  ration  thereof  (Part  A); to amend the education law, in relation to
  annual professional  performance  review  of  classroom  teachers  and
  building  principals  (Part  A-1);  to  amend  the  education  law, in
  relation to teacher evaluation appeal process in the city of New  York
  (Part A-2); to amend the education law, in relation to tenured teacher
  disciplinary  hearings  (Part B); to amend the social services law, in
  relation to increasing the standards of monthly need for  aged,  blind
  and  disabled  persons  living in the community (Part C); to amend the
  social services law, in relation to the standards of monthly need  for
  persons  in receipt of public assistance (Part D); to amend the social
  services law, in relation to authorizing the office of  temporary  and
  disability  assistance to administer the program of supplemental secu-
  rity  income  additional  state  payments;  and  to   repeal   certain
  provisions  of such law relating thereto (Part E); to amend chapter 83
  of the laws of 2002 amending the executive law and other laws relating
  to funding for children and family services, in relation to the effec-
  tiveness thereof; and to amend the social services law, in relation to
  reauthorizing child welfare  financing  to  continue  current  funding
  structure  (Part  F);  to amend the social services law and the family
  court act, in relation to establishing  a  juvenile  justice  services
  close  to  home  initiative  and  providing  for  the  repeal  of such
  provisions upon expiration thereof  (Subpart  A);  and  to  amend  the
  social  services law and the family court act, in relation to juvenile
  delinquents (Subpart B) (Part G); to amend chapter 57 of the  laws  of
  2005  amending  the  labor  law  and other laws implementing the state
  fiscal plan for the 2005-2006 state fiscal year, relating to  the  New
  York  state  higher education capital matching grant program for inde-
  pendent colleges, in relation to the effectiveness thereof  (Part  H);
  to  amend  the  education  law,  in relation to provision of services,
  technical assistance and  program  activities  to  state  agencies  by
  Cornell  university  (Part I); to amend the education law, in relation
  to special education programs for preschool children with a disability
  (Part J); to amend the education law, in relation to  authorizing  the
  board of cooperative educational services to enter into contracts with
  the  commissioner  of  children and family services to provide certain
  services (Part K); to repeal  section  527-l  of  the  executive  law,
  relating  to annual reports of the youth center facility program (Part
  L); and to amend the executive law, in relation to the creation  of  a
  validated risk assessment instrument (Part M)

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

S. 6257--B                          3                         A. 9057--B

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through M. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, 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. Notwithstanding  any  inconsistent  provision  of  law,  no
school  district  shall  be  eligible  for  an  apportionment of general
support for public schools from the funds appropriated for  the  2012-13
school  year  and thereafter in excess of the amount apportioned to such
district for the same time period  during  the  base  year  unless  such
school  district  has  submitted documentation that has been approved by
the commissioner of education by January 17, 2013 demonstrating that  it
has fully implemented new standards and procedures for conducting annual
professional  performance  reviews  of  classroom  teachers and building
principals to determine teacher and  principal  effectiveness  including
but  not limited to providing for (i) state assessments and other compa-
rable measures which shall comprise twenty or twenty-five percent of the
evaluation; (ii) locally selected measures of  the  student  achievement
subcomponent which shall comprise twenty or fifteen percent of the eval-
uation;  (iii)  subjective  measures  of  effectiveness  that  have been
approved by the commissioner with the majority of such points  based  on
multiple observations by an administrator or principal with at least one
unannounced  observation  which  shall comprise 60 percent of the evalu-
ation; and (iv) a scoring rubric which ensures that it  is  possible  to
receive  any one of four ratings limited to highly effective, effective,
developing and ineffective; provided however that if any  such  payments
in  excess  of the amount apportioned to such district for the same time
period during the base year were made, and the school district  has  not
submitted  documentation that it has fully implemented new standards and
procedures as set forth above that has been approved by the commissioner
of education by January 17, 2013, the  total  amount  of  such  payments
shall be deducted by the commissioner from future payments to the school
district;  provided  further  that,  for the 2012-13 school year if such
deduction is greater than the sum of  the  amounts  available  for  such
deductions,  the  remainder  of  the  deduction  shall  be withheld from
payments scheduled to be made to the school district pursuant to section
3609-a of the education  law  for  the  2013-14  school  year;  provided
further  that  notwithstanding  any inconsistent provision of law to the
contrary such documentation shall include a plan adopted by the  govern-
ing  board  of  the  school  district for conducting annual professional
performance reviews of classroom teachers and building  principals  that
has  been  approved  by  the commissioner, and in order to be approvable
such plan shall conform with  the  requirements  for  conducting  annual
professional  performance  reviews  of  classroom  teachers and building
principals, including but not limited to (i) state assessments and other
comparable measures which shall comprise twenty or  twenty-five  percent
of  the  evaluation;  (ii)  locally  selected  measures  of  the student

S. 6257--B                          4                         A. 9057--B

achievement subcomponent which shall comprise twenty or fifteen  percent
of  the evaluation; (iii) subjective measures of effectiveness that have
been approved by the commissioner with the majority of such points based
on  multiple observations by an administrator or principal with at least
one unannounced observation which shall comprise 60 percent of the eval-
uation; and (iv) a scoring rubric which ensures that it is  possible  to
receive  any one of four ratings limited to highly effective, effective,
developing and ineffective; consistent with and conforms to a chapter of
the laws of 2012 enacted as legislation submitted by the governor pursu-
ant to Article VII of the New York constitution;  and  provided  further
that for a school district in a city with a population of one million or
more,  notwithstanding any inconsistent provision of law, no such school
district shall be eligible for an apportionment of general  support  for
public  schools  from the funds appropriated for the 2012-13 school year
and thereafter in excess of the amount appropriated to such district for
the same time period during the base year unless  such  school  district
has  submitted  documentation that has been approved by the commissioner
by January 17, 2013 demonstrating that it  has  adopted  an  expeditious
appeals process pertaining to the annual professional performance review
of  classroom  teachers  and building principals that is consistent with
and conforms to a chapter of the laws of  2012  enacted  as  legislation
submitted  by  the  governor  pursuant  to  Article  VII of the New York
constitution and if any such payments in excess  of  the  amount  appor-
tioned  to  such  district for the same time period during the base year
were made, and the school district has not submitted documentation  that
has  been  approved  by the commissioner by January 17, 2013 that it has
adopted an expeditious appeals process pertaining to the annual  profes-
sional  performance review of classroom teachers and building principals
that is consistent with and conforms to a chapter of the  laws  of  2012
enacted as legislation submitted by the governor pursuant to Article VII
of the New York constitution, the total amount of such payments shall be
deducted  by  the  commissioner  from  future  payments  to  the  school
district; and provided further that, for the 2012-13 school year if such
deduction is greater than the sum of  the  amounts  available  for  such
deductions,  the  remainder  of  the  deduction  shall  be withheld from
payments scheduled to be made to the school district pursuant to section
3609-a of the education law for the 2013-14 school year.
  S 2. Paragraph e of subdivision 1 of section 211-d  of  the  education
law,  as  amended  by  section  1 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district
are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the

S. 6257--B                          5                         A. 9057--B

district's  gap  elimination  adjustment percentage AND PROVIDED FURTHER
THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, UNLESS ALL SCHOOLS
IN  THE  DISTRICT  ARE  IDENTIFIED  AS  IN GOOD STANDING, SHALL SUBMIT A
CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND  THIR-
TEEN  SCHOOL  YEAR  WHICH  SHALL,  NOTWITHSTANDING  THE  REQUIREMENTS OF
SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO  OF  THIS  SECTION,
PROVIDE  FOR  THE  EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT  FOR  EXCELLENCE
FOR  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND TWELVE SCHOOL YEAR.   For
purposes of this paragraph, the "gap elimination adjustment  percentage"
shall  be  calculated as the sum of one minus the quotient of the sum of
the school district's net gap elimination adjustment  for  two  thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws  of  two  thousand  ten,  making  appropriations for the support of
government, plus the school district's gap  elimination  adjustment  for
two  thousand  eleven--two  thousand  twelve as computed pursuant to [a]
chapter FIFTY-THREE of the laws of two thousand eleven, making appropri-
ations for the support of the local assistance budget, including support
for general support for public schools, divided by  the  total  aid  for
adjustment  computed  pursuant to [a] chapter FIFTY-THREE of the laws of
two thousand eleven, making  appropriations  for  the  local  assistance
budget,  including  support  for  general  support  for  public schools.
Provided, further, that such amount shall be  expended  to  support  and
maintain  allowable programs and activities approved in the two thousand
nine--two thousand ten school year or to support new or expanded  allow-
able programs and activities in the current year.
  S 3. Subdivision 1 of section 1104 of the education law, as amended by
chapter 53 of the laws of 1990, is amended to read as follows:
  1.  The  commissioner  [of  education]  in the annual apportionment of
public moneys shall  apportion  therefrom  to  each  county  maintaining
approved  vocational  education and extension work, a quota amounting to
one-half   of the salary paid each  teacher,  director,  assistant,  and
supervisor, WHERE SUCH SALARY IS ATTRIBUTABLE TO A COURSE OF STUDY FIRST
SUBMITTED  TO  THE  COMMISSIONER FOR APPROVAL PURSUANT TO SECTION ELEVEN
HUNDRED THREE OF THIS PART ON OR BEFORE JULY FIRST,  TWO  THOUSAND  TEN,
but  not to exceed THE AMOUNT COMPUTED BY THE COMMISSIONER BASED UPON AN
ASSUMED ANNUALIZED SALARY EQUAL TO ten thousand five hundred dollars PER
SCHOOL YEAR on account of the  employment  of  such  teacher,  director,
assistant or supervisor.
  S  4.  Section  1104  of  the education law is amended by adding a new
subdivision 3 to read as follows:
  3. FOR THE APPORTIONMENT PAYABLE PURSUANT TO THIS SECTION  FOR  SCHOOL
YEARS COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND NINE, THE COMMISSION-
ER  SHALL  CERTIFY  NO  PAYMENT  TO A VOCATIONAL EDUCATION AND EXTENSION
BOARD BASED ON A CLAIM SUBMITTED LATER THAN THREE YEARS AFTER THE  CLOSE
OF  THE  SCHOOL  YEAR  IN  WHICH  SUCH PAYMENT WAS FIRST TO BE MADE. FOR
CLAIMS FOR WHICH PAYMENT IS  FIRST  TO  BE  MADE  IN  THE  TWO  THOUSAND
NINE--TWO  THOUSAND  TEN  SCHOOL  YEAR  AND THEREAFTER, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND  EXTENSION  BOARD
BASED  ON  A CLAIM SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE OF SUCH
SCHOOL YEAR. PROVIDED, HOWEVER, NO PAYMENTS SHALL BE BARRED  OR  REDUCED
WHERE  SUCH  PAYMENT  IS  REQUIRED  AS  A RESULT OF A FINAL AUDIT OF THE
STATE.

S. 6257--B                          6                         A. 9057--B

  S 5. Paragraphs dd and ee of subdivision 1  of  section  3602  of  the
education  law,  as  added  by section 25 of part A of chapter 58 of the
laws of 2011, are amended to read as follows:
  dd.  "Allowable  growth amount" shall mean the product of the positive
difference of the personal income growth index minus one, multiplied  by
the  statewide total of the SUM OF (1) THE apportionments, including the
gap elimination adjustment, due and owing during the base year, commenc-
ing with the base year computed for the two thousand  twelve--two  thou-
sand thirteen school year, to school districts and boards of cooperative
educational  services  from  the  general  support for public schools as
computed based on an electronic data file used to produce the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for the base year PLUS (2) THE COMPETITIVE AWARDS AMOUNT FOR THE
BASE YEAR.
  ee. "Competitive awards amount" shall mean, for two thousand  twelve--
two  thousand thirteen state fiscal year, fifty million dollars, and for
two thousand thirteen--two thousand fourteen and thereafter, [the  prod-
uct  of  the  personal  income  growth index multiplied by the base year
competitive awards amount] ONE HUNDRED MILLION DOLLARS.
  S 6. Paragraph c of subdivision 17 of section 3602  of  the  education
law, as added by section 37 of part A of chapter 58 of the laws of 2011,
is amended and a new paragraph d is added to read as follows:
  c.  The  gap  elimination  adjustment for the two thousand twelve--two
thousand thirteen school year and thereafter shall be equal to  the  gap
elimination adjustment for the base year, plus, in any year in which the
preliminary growth amount exceeds the allowable growth amount, the prod-
uct  of  the gap elimination adjustment percentage for such district and
the positive difference, if any, between the preliminary  growth  amount
less  the  allowable  growth amount, as computed pursuant to subdivision
one of this section, and  less  the  [product  of  the  gap  elimination
adjustment percentage for such district and the] gap elimination adjust-
ment  restoration  amount,  if  any,  allocated pursuant to [subdivision
eighteen of] this section.
  D.  (I) THE GAP ELIMINATION RESTORATION AMOUNT FOR  THE  TWO  THOUSAND
TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL YEAR FOR A SCHOOL DISTRICT SHALL
EQUAL THE GREATER OF:
  (A) THE PRODUCT OF (1) THE PRODUCT OF THE  EXTRAORDINARY  NEEDS  INDEX
MULTIPLIED  BY TWO HUNDRED FOURTEEN DOLLARS AND FIFTY CENTS, COMPUTED TO
TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY (2) THE STATE SHARING
RATIO COMPUTED PURSUANT TO PARAGRAPH G  OF  SUBDIVISION  THREE  OF  THIS
SECTION  MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO  OF  PARAGRAPH  N  OF
SUBDIVISION  ONE  OF  THIS  SECTION, WHERE THE EXTRAORDINARY NEEDS INDEX
SHALL BE THE  QUOTIENT  OF  THE  EXTRAORDINARY  NEEDS  PERCENT  FOR  THE
DISTRICT  COMPUTED  PURSUANT  TO  PARAGRAPH W OF SUBDIVISION ONE OF THIS
SECTION DIVIDED BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT; OR
  (B) FOR ANY DISTRICT WITH A GEA/TGFE RATIO GREATER THAN ONE, WHERE THE
GEA/TGFE RATIO SHALL BE THE QUOTIENT OF (1) THE GAP ELIMINATION  ADJUST-
MENT  FOR  THE  TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR FOR
THE DISTRICT DIVIDED BY THE TOTAL  GENERAL  FUND  EXPENDITURES  OF  SUCH
DISTRICT IN THE BASE YEAR, DIVIDED BY (2) THE STATEWIDE TOTAL GAP ELIMI-
NATION  ADJUSTMENT  FOR  THE  TWO  THOUSAND  ELEVEN--TWO THOUSAND TWELVE
SCHOOL YEAR DIVIDED BY TOTAL GENERAL FUND EXPENDITURES IN THE BASE YEAR,
THE PRODUCT OF (A) THE PRODUCT OF THE GEA/TGFE RATIO MULTIPLIED BY NINE-
TY DOLLARS, COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING,  MULTIPLIED
BY  (B)  THE  STATE  SHARING  RATIO  COMPUTED PURSUANT TO PARAGRAPH G OF

S. 6257--B                          7                         A. 9057--B

SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY (C)  THE  PUBLIC  SCHOOL
DISTRICT  ENROLLMENT  FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; OR
  (C) ONE PERCENT OF THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR,
  BUT  SHALL  BE  NO GREATER THAN THE PRODUCT OF TWENTY-FIVE PERCENT AND
THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR FOR THE DISTRICT.
  (II) THE GAP ELIMINATION RESTORATION AMOUNT FOR THE TWO THOUSAND THIR-
TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THEREAFTER SHALL  EQUAL  THE
PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT AND THE GAP
ELIMINATION ADJUSTMENT RESTORATION ALLOCATION  ESTABLISHED  PURSUANT  TO
SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  7.  Paragraph  c  of subdivision 7 of section 3602 of the education
law, as amended by section 1 of part A-4 of chapter 58 of  the  laws  of
2006, is amended to read as follows:
  c.  For the purposes of computing this apportionment for the two thou-
sand five--two thousand six school year and thereafter, approved  trans-
portation  capital,  debt service, and lease expense shall be the amount
computed based upon an assumed amortization determined pursuant to para-
graph e of this subdivision for an  expenditure  incurred  by  a  school
district and approved by the commissioner for those items of transporta-
tion capital, debt service and lease expense allowable under subdivision
two  of  section  thirty-six hundred twenty-three-a of this article for:
(i) the regular aidable transportation of  pupils,  as  such  terms  are
defined in sections thirty-six hundred twenty-one and thirty-six hundred
twenty-two-a  of  this article, (ii) the transportation of children with
disabilities pursuant to article eighty-nine of this chapter, and  (iii)
the  transportation  of  homeless  children  pursuant  to paragraph c of
subdivision four of section thirty-two hundred  nine  of  this  chapter,
provided  that  the total approved cost of such transportation shall not
exceed the amount of the total cost of the most cost-effective  mode  of
transportation.  Approvable expenses for the purchase of school buses ON
OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWELVE shall be  limited  to  the
actual purchase price, or the expense as if the bus were purchased under
state  contract,  whichever is less. If the commissioner determines that
no comparable bus was available under state  contract  at  the  time  of
purchase,  the approvable expenses shall be the actual purchase price or
the state wide median price of such bus in the most recent base year  in
which  such  median price was established with an allowable year to year
CPI increase as defined in subdivision fourteen of section three hundred
five of this chapter; whichever is less. Such median shall  be  computed
by  the  commissioner  for the purposes of this subdivision.  APPROVABLE
EXPENSES FOR THE PURCHASE OF VEHICLES FOR TRANSPORTING STUDENTS AND  FOR
EQUIPMENT  DEEMED A PROPER SCHOOL DISTRICT EXPENSE PURSUANT TO PARAGRAPH
C OF SUBDIVISION TWO OF SECTION  THIRTY-SIX  HUNDRED  TWENTY-THREE-A  OF
THIS ARTICLE, AFTER JUNE THIRTIETH, TWO THOUSAND TWELVE, SHALL BE LIMIT-
ED TO THE ACTUAL PURCHASE PRICE OF ANY VEHICLE FOR TRANSPORTING STUDENTS
AND/OR  EQUIPMENT  PURCHASED  UNDER  SUCH  CENTRALIZED  STATE  CONTRACT,
PROVIDED, HOWEVER THAT IF THE COMMISSIONER DETERMINES THAT THE  DISTRICT
IS  UNABLE  TO  PROVIDE  APPROPRIATE TRANSPORTATION WITH THE VEHICLE FOR
TRANSPORTING STUDENTS AND/OR EQUIPMENT AVAILABLE UNDER SUCH  CENTRALIZED
STATE  CONTRACT,  THE  APPROVABLE  EXPENSES SHALL BE THE ACTUAL PURCHASE
PRICE OR THE STATEWIDE MEDIAN PRICE OF  SUCH  VEHICLE  FOR  TRANSPORTING
STUDENTS  IN  THE  MOST  RECENT BASE YEAR IN WHICH SUCH MEDIAN PRICE WAS
ESTABLISHED WITH AN ALLOWABLE YEAR TO YEAR CPI INCREASE  AS  DEFINED  IN

S. 6257--B                          8                         A. 9057--B

SUBDIVISION  FOURTEEN  OF  SECTION  THREE  HUNDRED FIVE OF THIS CHAPTER;
WHICHEVER IS LESS.
  S 8. Paragraphs a and b of subdivision 5 of section 3604 of the educa-
tion  law, paragraph a as amended by chapter 161 of the laws of 2005 and
paragraph b as amended by section 59 of part A of  chapter  436  of  the
laws of 1997, are amended to read as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall  be  corrected by the commissioner. Whenever a school district has
been apportioned less money than that  to  which  it  is  entitled,  the
commissioner may allot to such district the balance to which it is enti-
tled.  Whenever  a  school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order,  direct
such  moneys  to be paid back to the state to be credited to the general
fund local assistance account for state  aid  to  the  schools,  or  may
deduct  such  amount  from  the  next  apportionment  to be made to said
district, provided, however, that, upon notification of excess  payments
of  aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that  such  excess
payments  be  recovered  by  deducting  such  excess  payments  from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that  there  shall  be  no
interest  penalty  assessed  against  such  district or collected by the
state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund  expenditures  for  the  preceding  school
year.  The  amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is  recognized
as  a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's  unreserved
fund  balance at the close of the preceding school year less the product
of the district's total general  fund  expenditures  for  the  preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments.  The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to  be  recovered
or  one-third  of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year.  Provided  further
that,  notwithstanding  any  other  provisions  of this subdivision, any
pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess  of
the  amount  to which the district is entitled and for which recovery of
excess payments is to be made  pursuant  to  this  paragraph,  shall  be
reduced  at  the  time  of  actual  payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled  deductions
of  such  excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered.  [The  commissioner
shall certify no payment to a school district based on a claim submitted
later  than three years after the close of the school year in which such
payment was first to be made.  For claims for which payment is first  to
be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based  on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred  ninety-seven--ninety-eight]   PRIOR   TO   THE   TWO   THOUSAND

S. 6257--B                          9                         A. 9057--B

ELEVEN--TWO  THOUSAND  TWELVE  school year [and thereafter], the commis-
sioner shall certify no payment to a school district based  on  a  claim
submitted  later  than  one  year  after  the close of such school year.
Provided,  however,  no  payments  shall be barred or reduced where such
payment is required as a result of a final audit of the  state.  [It  is
further  provided  that,  until June thirtieth, nineteen hundred ninety-
six, the commissioner may grant a waiver from  the  provisions  of  this
section  for any school district if it is in the best educational inter-
ests of the district pursuant to guidelines developed by the commission-
er and approved by the director of the budget.]  FURTHER  PROVIDED  THAT
FOR  ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE,
SEVEN  HUNDRED  ELEVEN,   SEVEN   HUNDRED   FIFTY-ONE,   SEVEN   HUNDRED
FIFTY-THREE,   THIRTY-SIX   HUNDRED   TWO,   THIRTY-SIX  HUNDRED  TWO-B,
THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E,  THIRTY-SIX  HUNDRED
TWELVE, AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
TWELVE--TWO  THOUSAND  THIRTEEN AND PRIOR SCHOOL YEARS, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS
PURSUANT  TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE  PAYMENT  COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST SUBMITTED FOR THE TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN
STATE  FISCAL YEAR AND ENTITLED "BT121-3", AND FURTHER PROVIDED THAT FOR
ANY APPORTIONMENTS PROVIDED PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ONE,
SEVEN   HUNDRED   ELEVEN,   SEVEN   HUNDRED   FIFTY-ONE,  SEVEN  HUNDRED
FIFTY-THREE,  THIRTY-SIX  HUNDRED   TWO,   THIRTY-SIX   HUNDRED   TWO-B,
THIRTY-SIX  HUNDRED  TWO-C, THIRTY-SIX HUNDRED TWO-E, THIRTY-SIX HUNDRED
TWELVE, AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THEREAFTER, THE  COMMIS-
SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
SCHOOL YEAR COMMENCES.
  b.  Claims  resulting from court orders or judgments. [Any] FOR CLAIMS
FOR WHICH PAYMENT IS FIRST TO BE MADE PRIOR TO THE TWO THOUSAND  TWELVE-
-TWO  THOUSAND  THIRTEEN  SCHOOL YEAR, ANY payment which would be due as
the result of a court order or judgment shall not  be  barred,  provided
that,  commencing January first, nineteen hundred ninety-six, such court
order or judgment and any other data required shall be  filed  with  the
comptroller  within  one  year from the date of the court order or judg-
ment, and provided  further  that  the  commissioner  shall  certify  no
payment to a school district for a specific school year that is based on
a  claim  that results from a court order or judgement so filed with the
comptroller unless the total value of such claim, as determined  by  the
commissioner, is greater than one percent of the school district's total
revenues  from  state sources as previously recorded in the general fund
and reported to the comptroller in the annual financial  report  of  the
school district for such school year.
  S  9. The opening paragraph of section 3609-a of the education law, as
amended by section 40 of part A of chapter 58 of the laws  of  2011,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND

S. 6257--B                         10                         A. 9057--B

TWELVE  SCHOOL  YEAR,  "moneys apportioned" shall mean the lesser of (i)
the sum of one hundred percent of the respective amount  set  forth  for
each  school  district as payable pursuant to this section in the school
aid  computer  listing for the current year produced by the commissioner
in support of the budget which includes the appropriation for the gener-
al support for public schools for the prescribed payments  and  individ-
ualized  payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  six-a  and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions  to  current  year  aids  pursuant  to
subdivision seven of section thirty-six hundred four of this part or any
deduction  from  apportionment  payable  pursuant  to  this  chapter for
collection of a school district basic contribution as defined in  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law,  less  any
grants  provided  pursuant  to  subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment  calculated
by  the  commissioner  based  on data on file at the time the payment is
processed; provided however, that for the purposes of any payments  made
pursuant  to this section prior to the first business day of June of the
current year, moneys apportioned shall  not  include  any  aids  payable
pursuant  to  subdivisions  six  and fourteen, if applicable, of section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or any aids payable for  full-day  kindergarten  for  the  current  year
pursuant  to  subdivision nine of section thirty-six hundred two of this
part. The definitions of "base year" and "current year" as set forth  in
subdivision  one  of  section  thirty-six hundred two of this part shall
apply to this section. For aid payable in the two  thousand  eleven--two
thousand  twelve  school  year,  reference  to such "school aid computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA111-2".  FOR  AID  PAYABLE  IN  THE TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE
LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE  RESPECTIVE  AMOUNT
SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION
IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY  THE
COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES
THE APPROPRIATION FOR THE GENERAL SUPPORT FOR  PUBLIC  SCHOOLS  FOR  THE
PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
FOR  THE  CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT
SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION  THIR-
TY-SIX  HUNDRED  TWO  OF  THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR
AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
THIS PART OR ANY DEDUCTION FROM THE APPORTIONMENT  PAYABLE  PURSUANT  TO
THIS  CHAPTER  FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS
DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE  OF  THIS
CHAPTER,  LESS  ANY  GRANTS  PROVIDED  PURSUANT TO SUBPARAGRAPH TWO-A OF
PARAGRAPH B OF SUBDIVISION FOUR OF SECTION  NINETY-TWO-C  OF  THE  STATE
FINANCE  LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
TIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA  ON  FILE  AT  THE
TIME  THE  PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES
OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE  FIRST  BUSI-
NESS  DAY  OF  JUNE  OF  THE  CURRENT YEAR, MONEYS APPORTIONED SHALL NOT
INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND  FOURTEEN,  IF

S. 6257--B                         11                         A. 9057--B

APPLICABLE,  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT
YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS  FIRST
ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
FOR  THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART. THE DEFINITIONS OF "BASE  YEAR"  AND  "CURRENT
YEAR"  AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
OF THIS PART SHALL APPLY TO THIS SECTION.
  S 10. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as  amended  by  section 46 of part A of chapter 58 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
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  eleven--two thousand twelve] TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN.
  S 11. Paragraph c of subdivision 2 of section 3623-a of the  education
law,  as  amended by chapter 453 of the laws of 2005, is amended to read
as follows:
  c. The purchase of equipment deemed a proper school district  expense,
PROVIDED, HOWEVER THAT SUCH PURCHASE SHALL BE SUBJECT TO THE APPROVAL OF
THE  COMMISSIONER  AFTER JUNE THIRTIETH, TWO THOUSAND TWELVE, including:
(i) the purchase of two-way radios to be used  on  old  and  new  school
buses,  (ii) the purchase of stop-arms, to be used on old and new school
buses, (iii) the purchase and  installation  of  seat  safety  belts  on
school  buses  in  accordance  with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of  school  bus
back  up  beepers,  (v)  the purchase of school bus front crossing arms,
(vi) the purchase  of  school  bus  safety  sensor  devices,  (vii)  the
purchase  and  installation  of  exterior  reflective  marking on school
buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
systems  for school buses used to transport students who use wheelchairs
or other assistive mobility devices, and  (ix)  the  purchase  of  other
equipment as prescribed in the regulations of the commissioner; and
  S 11-a. Subparagraph 1 of paragraph a of subdivision 5 of section 3641
of  the  education law, as added by section 1 of part B of chapter 58 of
the laws of 2011, is amended to read as follows:
  (1) Such plan shall include but not be  limited  to:  the  process  by
which  a request for proposals is developed; the scoring rubric by which
such proposals will be evaluated; the form and manner by which  applica-
tions  will  be submitted; the manner by which calculation of the amount
of the award was determined, including establishing benchmarks based  on
actual cost savings that must be met before any awards are paid; and the

S. 6257--B                         12                         A. 9057--B

timeline  for  the  issuance  and  review of applications to ensure that
grants will be first awarded [during] WITHIN ONE HUNDRED AND TWENTY DAYS
FOLLOWING THE END OF the two thousand eleven--two thousand twelve school
year.
  S  11-b.  Paragraphs  d  and e of subdivision 5 of section 3641 of the
education law are relettered paragraphs e and f and a new paragraph d is
added to read as follows:
  D. A SCHOOL DISTRICT THAT SUBMITS DOCUMENTATION THAT HAS BEEN APPROVED
BY THE COMMISSIONER BY SEPTEMBER 1, 2012 DEMONSTRATING THAT IT HAS FULLY
IMPLEMENTED NEW STANDARDS AND PROCEDURES FOR CONDUCTING  ANNUAL  PROFES-
SIONAL PERFORMANCE REVIEWS OF CLASSROOM TEACHERS AND BUILDING PRINCIPALS
TO  DETERMINE  TEACHER  AND PRINCIPAL EFFECTIVENESS, SHALL RECEIVE BONUS
POINTS IN THE SCORING OF ITS GRANT APPLICATION.
  S 12. Subdivision 6 of section 4402 of the education law,  as  amended
by section 58 of part A of chapter 58 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 [twelve] THIRTEEN of the
[two thousand eleven--two  thousand  twelve]  TWO  THOUSAND  TWELVE--TWO
THOUSAND  THIRTEEN 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
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. 6257--B                         13                         A. 9057--B

  S 13. 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
65  of  part  A of chapter 58 of the laws of 2011, is amended to read as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [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,  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,  reimbursement  for  the 2010--2011 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], reimburse-
ment for the 2011--2012 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, AND  REIMBURSEMENT  FOR  THE  2012--2013
SCHOOL YEAR SHALL NOT EXCEED 63.2 PERCENT OF THE LESSER OF SUCH APPROVA-
BLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND FORTY 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 2008-09 school year such
contact hours shall not exceed one million nine hundred forty-six  thou-
sand  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; wher-
eas  for  the 2010--2011 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--2012 school year such contact
hours shall not exceed one  million  seven  hundred  one  thousand  five
hundred  seventy  (1,701,570)  hours;  WHEREAS FOR THE 2012--2013 SCHOOL
YEAR SUCH CONTACT HOURS  SHALL  NOT  EXCEED  ONE  MILLION  FOUR  HUNDRED
SIXTY-EIGHT THOUSAND SEVEN HUNDRED TEN (1,468,710) HOURS.  Notwithstand-
ing any other provision of law to the contrary, the apportionment calcu-
lated  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 eligible for aid
in accordance with the provisions of such subdivision 11 of section 3602
of the education law.
  S 14. 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 q to read as follows:
  Q.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2012--2013 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  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
($11,500,000).
  S  15. 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

S. 6257--B                         14                         A. 9057--B

worker education in New York city, as amended by section 67 of part A of
chapter 58 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, [2012] 2013.
  S 16. 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 section 68 of part A of chapter 58 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,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2013] 2014.
  S 17. Subdivision 6-a 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 section 51 of part B of chapter 57
of the laws of 2007, is amended to read as follows:
  (6-a) Section seventy-three of this act shall take effect July 1, 1995
and shall be deemed repealed June 30, [2012] 2017;
  S 18. 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 section 69 of part A of chapter 58
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,
[2012] 2013 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, [2012] 2013;
  S  19.  Section  4  of  chapter  698 of the laws of 1996, amending the
education law relating to transportation contracts, as amended by  chap-
ter 165 of the laws of 2007, is amended to read as follows:
  S  4.  This act shall take effect immediately, and shall expire and be
deemed repealed on and after June 30, [2012] 2017.
  S 20. 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 section 72 of part A of
chapter 58 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, [2012] 2013 when
upon such date the provisions of this act shall be deemed repealed.

S. 6257--B                         15                         A. 9057--B

  S  21.  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  section  73 of part A of chapter 58 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, [2012] 2013.
  S  22.  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 74 of part A of chapter 58 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, [2012] 2013.
  S 23. Subdivision 4 of section 51 of part B of chapter 57 of the  laws
of  2008,  amending the education law relating to the universal pre-kin-
dergarten program, as amended by chapter 2  of  the  laws  of  2011,  is
amended to read as follows:
  4.  section  23  of  this act shall take effect July 1, 2008 and shall
expire and be deemed repealed June 30, [2012] 2013;
  S 24. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the  2012--13  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
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 25. Support of public libraries. The  moneys  appropriated  for  the
support  of public libraries by the chapter of the laws of 2012 enacting
the aid to localities budget shall be apportioned for the 2012--13 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  act,  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 2012--2013
by  a  chapter of the laws of 2012 enacting the aid to localities 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  26.  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, 2013 and not later than the last day  of  the  third  full

S. 6257--B                         16                         A. 9057--B

business  week  of  June, 2013, 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, 2013, for salary expenses incurred between April 1
and June 30, 2013 and such apportionment shall not exceed the sum of (i)
the deficit reduction  assessment  of  1990--91  as  determined  by  the
commissioner  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 inhab-
itants according to the latest federal census  plus  (iv)  the  net  gap
elimination adjustment for 2010--2011, as determined by the commissioner
of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--12 as determined by the commission-
er of education pursuant to subdivision 17 of section 3602 of the educa-
tion law, and provided further that such apportionment shall not  exceed
such  salary  expenses.  Such  application  shall  be  made  by a school
district, after the board of education or trustees have adopted a resol-
ution 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
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 27. Special apportionment for public pension accruals. a.   Notwith-
standing any other provision of law, upon application to the commission-

S. 6257--B                         17                         A. 9057--B

er  of education, not later than June 30, 2013, 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, 2013 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
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president 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
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  28.  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.

S. 6257--B                         18                         A. 9057--B

  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 programs.
  S 29. 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  2012--13  school  year, as a non-component school
district, services required by article 19 of the education law.
  S 30. 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 2012--2013 school year.
To  the city school district of the city of New York there shall be paid
forty-eight  million   one   hundred   seventy-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, twen-
ty-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, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   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 subdivision a of this section, a
school district receiving a grant pursuant to this section may use  such
grant  funds  for:  (i) any instructional or instructional support costs

S. 6257--B                         19                         A. 9057--B

associated with the operation of a magnet school; or (ii)  any  instruc-
tional  or instructional support costs associated with implementation of
an alternative approach to reduction of racial isolation and/or enhance-
ment of the instructional program and raising of standards in elementary
and  secondary  schools  of  school districts having substantial concen-
trations 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 commissioner.
  c. for the purpose of attendance improvement  and  dropout  prevention
for  the  2012--2013 school year, for any city school district in a city
having a population of more than one million, the setaside  for  attend-
ance improvement and dropout prevention shall equal the amount set aside
in  the  year prior to the base year. For the 2012--2013 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 subdivision to community-based  organizations.  Any
increase required pursuant to this subdivision to community-based organ-
izations  must be in addition to allocations provided to community-based
organizations in the base year.
  d. for the purpose of teacher support for the 2012--2013 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  seven-
ty-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, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant to this subdivision shall be distributed among teach-
ers 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 31.  a. Notwithstanding any other provision of law to the  contrary,
the actions or omissions of any school district which failed to submit a
final building project cost report by June 30 of the school year follow-
ing  June  30 of the school year in which the certificate of substantial
completion of the project is issued by the architect or engineer, or six
months after issuance of such certificate, whichever is later, are here-
by ratified and validated,  provided  that  such  building  project  was
eligible  for  aid  in  a year for which the commissioner is required to
prepare an estimate of apportionments due and owing  pursuant  to  para-
graph  c of subdivision 21 of section 305 of the education law, provided
further that such school district submits a  final  cost  report  on  or
before December 31, 2012 and such report is approved by the commissioner

S. 6257--B                         20                         A. 9057--B

of  education,  and provided further that any amount due and payable for
school years prior to the 2013-14 school year as a result  of  this  act
shall be paid pursuant to the provisions of paragraph c of subdivision 5
of section 3604 of the education law.
  b.  Notwithstanding  any  other  provision of law to the contrary, any
pending payment of moneys due to such district as a prior  year  adjust-
ment payable pursuant to paragraph c of subdivision 5 of section 3604 of
the education law for aid claims that had been previously paid in excess
as  current  year aid payments and for which recovery of excess payments
is to be made pursuant to this act, shall be reduced  by  any  remaining
unrecovered balance of such excess payments, and the remaining scheduled
deductions of such excess payments pursuant to this act shall be reduced
by the commissioner of education to reflect the amount so recovered.
  c.  The education department is hereby directed to adjust the approved
costs of the aforementioned projects on a pro-rata basis to reflect  the
number  of years between June 30 of the school year following June 30 of
the school year in which the certificate of  substantial  completion  of
the  project is issued by the architect or engineer, or six months after
issuance of such certificate, whichever is later and the date upon which
the district filed a final cost report as a  proportion  of  the  useful
life  of  the  project,  and to consider such adjusted approved costs as
valid and proper obligations of such school districts.
  S 32. 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  33.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2012, provided,
however, that:
  1. Section three of this act shall be deemed  to  have  been  in  full
force and effect on and after July 1, 2006;
  2.  Sections  six,  nine, ten, twelve, thirteen, fourteen, twenty-four
and thirty of this act shall take effect July 1, 2012;
  3. The amendments to subdivision 6 of section 4402  of  the  education
law  made  by  section twelve of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
  4. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education  in New York city, made by sections thirteen and four-
teen of this act shall not affect the repeal of such chapter  and  shall
be deemed repealed therewith; and
  5.  Section  twenty-eight  of  this  act  shall  expire  and be deemed
repealed June 30, 2013.

                                PART A-1

  Section 1. Subdivision 1 of section 3012-c of the  education  law,  as
added by chapter 103 of the laws of 2010, is amended to read as follows:

S. 6257--B                         21                         A. 9057--B

  1.  Notwithstanding  any other provision of law, rule or regulation to
the contrary, the annual professional performance reviews of all  class-
room  teachers  and  building principals employed by school districts or
boards of cooperative educational services shall be conducted in accord-
ance with the provisions of this section. Such performance reviews which
are  conducted  on  or  after  July first, two thousand eleven, or on or
after the date specified in paragraph  c  of  subdivision  two  of  this
section  where applicable, shall include measures of student achievement
and be conducted in accordance with this section.   Such annual  profes-
sional  performance reviews shall be a significant factor for employment
decisions including but not limited  to,  promotion,  retention,  tenure
determination,  termination,  and supplemental compensation, which deci-
sions are to be made in accordance  with  locally  developed  procedures
negotiated pursuant to the requirements of article fourteen of the civil
service  law  WHERE APPLICABLE.  PROVIDED, HOWEVER, THAT NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO AFFECT THE STATUTORY  RIGHT  OF  A  SCHOOL
DISTRICT  OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES TO TERMINATE A
PROBATIONARY TEACHER OR PRINCIPAL FOR STATUTORILY  AND  CONSTITUTIONALLY
PERMISSIBLE REASONS OTHER THAN THE PERFORMANCE OF THE TEACHER OR PRINCI-
PAL IN THE CLASSROOM OR SCHOOL, INCLUDING BUT NOT LIMITED TO MISCONDUCT.
Such  performance  reviews shall also be a significant factor in teacher
and principal development,  including  but  not  limited  to,  coaching,
induction support and differentiated professional development, which are
to  be  locally  established  in  accordance  with procedures negotiated
pursuant to the requirements of article fourteen of  the  civil  service
law.
  S  2.  Paragraph a of subdivision 2 of section 3012-c of the education
law, as added by chapter 103 of the laws of 2010, is amended to read  as
follows:
  a.  (1) 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, FOR  THE  STATE  ASSESSMENTS  AND  OTHER  COMPARABLE  MEASURES
SUBCOMPONENT  OF THE EVALUATION AND FOR THE LOCALLY SELECTED MEASURES OF
STUDENT ACHIEVEMENT SUBCOMPONENT OF THE EVALUATION, as prescribed in the
regulations of the commissioner. THERE SHALL BE: (I) A STATE ASSESSMENTS
AND OTHER COMPARABLE MEASURES SUBCOMPONENT WHICH SHALL  COMPRISE  TWENTY
OR  TWENTY-FIVE PERCENT OF THE EVALUATION; (II) A LOCALLY SELECTED MEAS-
URES OF STUDENT ACHIEVEMENT SUBCOMPONENT WHICH SHALL COMPRISE TWENTY  OR
FIFTEEN PERCENT OF THE EVALUATION; AND (III) AN OTHER MEASURES OF TEACH-
ER  OR  PRINCIPAL  EFFECTIVENESS  SUBCOMPONENT  WHICH SHALL COMPRISE THE
REMAINING SIXTY PERCENT OF THE EVALUATION, WHICH IN SUM SHALL CONSTITUTE
THE COMPOSITE TEACHER OR  PRINCIPAL  EFFECTIVENESS  SCORE.  Such  annual
professional  performance  reviews  shall  result  in a single composite
teacher or principal effectiveness score,  which  incorporates  multiple
measures  of effectiveness related to the criteria included in the regu-
lations of the commissioner.
  (2) FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED  IN  ACCORD-
ANCE  WITH  PARAGRAPH  B  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL  YEAR  AND  FOR  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEWS  CONDUCTED IN ACCORDANCE WITH PARAGRAPHS F AND G OF
THIS SUBDIVISION FOR THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN
SCHOOL YEAR, THE OVERALL COMPOSITE SCORING RANGES SHALL BE IN ACCORDANCE

S. 6257--B                         22                         A. 9057--B

WITH THIS SUBPARAGRAPH. A CLASSROOM TEACHER AND BUILDING PRINCIPAL SHALL
BE DEEMED TO BE:
  (A)  HIGHLY  EFFECTIVE IF THEY ACHIEVE A COMPOSITE EFFECTIVENESS SCORE
OF 91-100.
  (B) EFFECTIVE IF THEY  ACHIEVE  A  COMPOSITE  EFFECTIVENESS  SCORE  OF
75-90.
  (C)  DEVELOPING  IF  THEY  ACHIEVE  A COMPOSITE EFFECTIVENESS SCORE OF
65-74.
  (D) INEFFECTIVE IF THEY ACHIEVE A  COMPOSITE  EFFECTIVENESS  SCORE  OF
0-64.
  (3)  FOR  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORD-
ANCE  WITH  PARAGRAPH  B  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  AND FOR ANNUAL PROFESSIONAL
PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH  PARAGRAPH  F  OF  THIS
SUBDIVISION  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR FOR CLASSROOM TEACHERS IN SUBJECTS AND GRADES FOR WHICH  THE  BOARD
OF REGENTS HAS NOT APPROVED A VALUE-ADDED MODEL AND FOR BUILDING PRINCI-
PALS  EMPLOYED  IN  SCHOOLS  OR  PROGRAMS FOR WHICH THERE IS NO APPROVED
PRINCIPAL VALUE-ADDED MODEL, THE SCORING RANGES FOR THE  STUDENT  GROWTH
ON  STATE ASSESSMENTS OR OTHER COMPARABLE MEASURES SUBCOMPONENT SHALL BE
IN ACCORDANCE WITH THIS SUBPARAGRAPH. A CLASSROOM TEACHER  AND  BUILDING
PRINCIPAL SHALL RECEIVE:
  (A) A HIGHLY EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR
PRINCIPAL'S  RESULTS  ARE  WELL-ABOVE  THE  STATE  AVERAGE  FOR  SIMILAR
STUDENTS AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 18-20;
  (B) AN EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR PRIN-
CIPAL'S RESULTS MEET THE STATE AVERAGE FOR  SIMILAR  STUDENTS  AND  THEY
ACHIEVE A SUBCOMPONENT SCORE OF 9-17; OR
  (C) A DEVELOPING RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR PRIN-
CIPAL'S  RESULTS  ARE  BELOW  THE STATE AVERAGE FOR SIMILAR STUDENTS AND
THEY ACHIEVE A SUBCOMPONENT SCORE OF 3-8; OR
  (D) AN INEFFECTIVE RATING IN THIS SUBCOMPONENT, IF  THE  TEACHER'S  OR
PRINCIPAL'S  RESULTS  ARE  WELL-BELOW  THE  STATE  AVERAGE  FOR  SIMILAR
STUDENTS AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 0-2.
  (4) FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED  IN  ACCORD-
ANCE  WITH  PARAGRAPH  G  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL  YEAR  FOR  CLASSROOM  TEACHERS  IN
SUBJECTS  AND  GRADES  FOR  WHICH  THE  BOARD  OF REGENTS HAS APPROVED A
VALUE-ADDED MODEL AND FOR BUILDING PRINCIPALS  EMPLOYED  IN  SCHOOLS  OR
PROGRAMS FOR WHICH THERE IS AN APPROVED PRINCIPAL VALUE-ADDED MODEL, THE
SCORING  RANGES  FOR  THE  STUDENT  GROWTH ON STATE ASSESSMENTS OR OTHER
COMPARABLE MEASURES  SUBCOMPONENT  SHALL  BE  IN  ACCORDANCE  WITH  THIS
SUBPARAGRAPH. A CLASSROOM TEACHER AND BUILDING PRINCIPAL SHALL RECEIVE:
  (A) A HIGHLY EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR
PRINCIPAL'S  RESULTS  ARE  WELL-ABOVE  THE  STATE  AVERAGE  FOR  SIMILAR
STUDENTS AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 22-25;
  (B) AN EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR PRIN-
CIPAL'S RESULTS MEET THE STATE AVERAGE FOR  SIMILAR  STUDENTS  AND  THEY
ACHIEVE A SUBCOMPONENT SCORE OF 10-21; OR
  (C) A DEVELOPING RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR PRIN-
CIPAL'S  RESULTS  ARE  BELOW  THE STATE AVERAGE FOR SIMILAR STUDENTS AND
THEY ACHIEVE A SUBCOMPONENT SCORE OF 3-9; OR
  (D) AN INEFFECTIVE RATING IN THIS SUBCOMPONENT, IF  THE  TEACHER'S  OR
PRINCIPAL'S  RESULTS  ARE  WELL-BELOW  THE  STATE  AVERAGE  FOR  SIMILAR
STUDENTS AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 0-2.

S. 6257--B                         23                         A. 9057--B

  (5) FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED  IN  ACCORD-
ANCE  WITH  PARAGRAPH  B  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL  YEAR  AND  FOR  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEWS  CONDUCTED  IN  ACCORDANCE WITH PARAGRAPH F OF THIS
SUBDIVISION  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR FOR CLASSROOM TEACHERS IN SUBJECTS AND GRADES FOR WHICH  THE  BOARD
OF REGENTS HAS NOT APPROVED A VALUE-ADDED MODEL AND FOR BUILDING PRINCI-
PALS  EMPLOYED  IN  SCHOOLS  OR  PROGRAMS FOR WHICH THERE IS NO APPROVED
PRINCIPAL VALUE-ADDED MODEL, THE SCORING RANGES FOR THE LOCALLY SELECTED
MEASURES OF STUDENT ACHIEVEMENT SUBCOMPONENT SHALL BE IN ACCORDANCE WITH
THIS SUBPARAGRAPH. A CLASSROOM  TEACHER  AND  BUILDING  PRINCIPAL  SHALL
RECEIVE:
  (A)  A HIGHLY EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE RESULTS ARE
WELL-ABOVE DISTRICT-ADOPTED EXPECTATIONS FOR STUDENT GROWTH OR  ACHIEVE-
MENT AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 18-20; OR
  (B)  AN  EFFECTIVE  RATING  IN  THIS  SUBCOMPONENT IF THE RESULTS MEET
DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR ACHIEVEMENT AND THEY ACHIEVE
A SUBCOMPONENT SCORE OF 9-17; OR
  (C) A DEVELOPING RATING IN THIS SUBCOMPONENT IF THE RESULTS ARE  BELOW
DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR ACHIEVEMENT AND THEY ACHIEVE
A SUBCOMPONENT SCORE OF 3-8; OR
  (D)  AN  INEFFECTIVE  RATING  IN  THIS SUBCOMPONENT IF THE RESULTS ARE
WELL-BELOW DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR  ACHIEVEMENT  AND
THEY ACHIEVE A SUBCOMPONENT SCORE OF 0-2.
  (6)  FOR  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORD-
ANCE  WITH  PARAGRAPH  B  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  AND FOR ANNUAL PROFESSIONAL
PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH  PARAGRAPH  G  OF  THIS
SUBDIVISION  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR FOR CLASSROOM TEACHERS IN SUBJECTS AND GRADES FOR WHICH  THE  BOARD
OF  REGENTS HAS APPROVED A VALUE-ADDED MODEL AND FOR BUILDING PRINCIPALS
EMPLOYED IN SCHOOLS OR PROGRAMS FOR WHICH THERE IS AN APPROVED PRINCIPAL
VALUE-ADDED MODEL, THE SCORING RANGES FOR THE LOCALLY SELECTED  MEASURES
OF  STUDENT  ACHIEVEMENT  SUBCOMPONENT  SHALL BE IN ACCORDANCE WITH THIS
SUBPARAGRAPH. A CLASSROOM TEACHER AND BUILDING PRINCIPAL SHALL RECEIVE:
  (A) A HIGHLY EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE RESULTS  ARE
WELL-ABOVE  DISTRICT-ADOPTED EXPECTATIONS FOR STUDENT GROWTH OR ACHIEVE-
MENT AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 14-15; OR
  (B) AN EFFECTIVE RATING IN  THIS  SUBCOMPONENT  IF  THE  RESULTS  MEET
DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR ACHIEVEMENT AND THEY ACHIEVE
A SUBCOMPONENT SCORE OF 8-13; OR
  (C)  A DEVELOPING RATING IN THIS SUBCOMPONENT IF THE RESULTS ARE BELOW
DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR ACHIEVEMENT AND THEY ACHIEVE
A SUBCOMPONENT SCORE OF 3-7; OR
  (D) AN INEFFECTIVE RATING IN THIS  SUBCOMPONENT  IF  THE  RESULTS  ARE
WELL-BELOW  DISTRICT-ADOPTED  EXPECTATIONS FOR GROWTH OR ACHIEVEMENT AND
THEY ACHIEVE A SUBCOMPONENT SCORE OF 0-2.
  (7) FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN  SCHOOL  YEAR
AND THEREAFTER, THE COMMISSIONER SHALL REVIEW THE SPECIFIC SCORING RANG-
ES  FOR  EACH OF THE RATING CATEGORIES ANNUALLY BEFORE THE START OF EACH
SCHOOL YEAR AND SHALL RECOMMEND ANY CHANGES TO THE BOARD OF REGENTS  FOR
CONSIDERATION.
  (8) Except for the student growth measures ON THE STATE ASSESSMENTS OR
OTHER  COMPARABLE MEASURES OF STUDENT GROWTH prescribed in paragraphs e,
f and g of this  subdivision,  the  elements  comprising  the  composite
effectiveness  score  AND  THE  PROCESS  BY WHICH POINTS ARE ASSIGNED TO

S. 6257--B                         24                         A. 9057--B

SUBCOMPONENTS shall be locally developed, consistent with the  standards
prescribed  in  the regulations of the commissioner AND THE REQUIREMENTS
OF  THIS  SECTION,  through  negotiations  conducted,  pursuant  to  the
requirements of article fourteen of the civil service law.
  S  3.  Paragraphs  b  and  c of subdivision 2 of section 3012-c of the
education law, as added by chapter 103 of the laws of 2010, are  amended
to read as follows:
  b.  (1)  Annual  professional  performance reviews conducted by school
districts [on or after July first, two thousand  eleven]  OR  BOARDS  OF
COOPERATIVE  EDUCATIONAL SERVICES FOR THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR of classroom teachers of common branch  subjects
or  English language arts or mathematics 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 effective-
ness score for such classroom teachers and principals.
  (2) SUBJECT TO PARAGRAPH K  OF  THIS  SUBDIVISION  THE  ENTIRE  ANNUAL
PROFESSIONAL  PERFORMANCE  REVIEW SHALL BE COMPLETED AND PROVIDED TO THE
TEACHER OR PRINCIPAL AS SOON AS PRACTICABLE BUT IN NO  CASE  LATER  THAN
SEPTEMBER  FIRST,  TWO  THOUSAND TWELVE. THE PROVISIONS OF SUBPARAGRAPHS
TWO AND THREE OF PARAGRAPH C OF THIS SUBDIVISION  SHALL  APPLY  TO  SUCH
REVIEWS.
  c.  (1)  Annual  professional  performance reviews conducted by school
districts or boards of cooperative educational  services  [on  or  after
July  first, two thousand twelve] FOR THE TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN SCHOOL YEAR AND THEREAFTER of all classroom  teachers  and
all  building principals shall be conducted pursuant to this subdivision
and shall use two  thousand  eleven--two  thousand  twelve  school  year
student  data as the baseline for the initial computation of the compos-
ite teacher or principal effectiveness score for such classroom teachers
and principals. For purposes of this section, an administrator in charge
of an instructional  program  of  a  board  of  cooperative  educational
services shall be deemed to be a building principal.
  (2)  SUBJECT  TO  PARAGRAPH  K  OF  THIS SUBDIVISION THE ENTIRE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW SHALL BE COMPLETED AND PROVIDED  TO  THE
TEACHER  OR  PRINCIPAL  AS SOON AS PRACTICABLE BUT IN NO CASE LATER THAN
SEPTEMBER FIRST OF THE SCHOOL YEAR NEXT FOLLOWING THE  SCHOOL  YEAR  FOR
WHICH THE CLASSROOM TEACHER OR BUILDING PRINCIPAL'S PERFORMANCE IS BEING
MEASURED.  THE TEACHER'S AND PRINCIPAL'S SCORE AND RATING ON THE LOCALLY
SELECTED MEASURES SUBCOMPONENT, IF AVAILABLE, AND ON THE OTHER  MEASURES
OF  TEACHER  AND PRINCIPAL EFFECTIVENESS SUBCOMPONENT FOR A TEACHER'S OR
PRINCIPAL'S ANNUAL PROFESSIONAL PERFORMANCE REVIEW SHALL BE COMPUTED AND
PROVIDED TO THE TEACHER OR PRINCIPAL, IN WRITING, BY NO LATER  THAN  THE
LAST  DAY OF THE SCHOOL YEAR FOR WHICH THE TEACHER OR PRINCIPAL IS BEING
MEASURED. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE  A
TEACHER  OR  PRINCIPAL TO TRIGGER THE APPEAL PROCESS PRIOR TO RECEIPT OF
HIS OR HER COMPOSITE EFFECTIVENESS SCORE AND RATING.
  (3) EACH SUCH ANNUAL PROFESSIONAL PERFORMANCE REVIEW SHALL BE BASED ON
THE STATE ASSESSMENTS OR OTHER  COMPARABLE  MEASURES  SUBCOMPONENT,  THE
LOCALLY  SELECTED  MEASURES  OF STUDENT ACHIEVEMENT SUBCOMPONENT AND THE
OTHER MEASURES OF  TEACHER  AND  PRINCIPAL  EFFECTIVENESS  SUBCOMPONENT,
DETERMINED  IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THIS SECTION
AND THE REGULATIONS OF THE COMMISSIONER, FOR THE SCHOOL YEAR  FOR  WHICH
THE TEACHER'S OR PRINCIPAL'S PERFORMANCE IS MEASURED.

S. 6257--B                         25                         A. 9057--B

  S  4.  Paragraphs e, f and g of subdivision 2 of section 3012-c of the
education law, as added by chapter 103 of the laws of 2010, are  amended
to read as follows:
  e.  (1)  For  annual  professional  performance  reviews  conducted in
accordance with paragraph b of this subdivision [in] FOR the  two  thou-
sand  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 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.
  (2)  SUCH  LOCALLY  SELECTED  MEASURES MAY INCLUDE MEASURES OF STUDENT
ACHIEVEMENT OR GROWTH ON STATE ASSESSMENTS, REGENTS EXAMINATIONS  AND/OR
DEPARTMENT  APPROVED EQUIVALENT, PROVIDED THAT SUCH MEASURES ARE DIFFER-
ENT FROM THOSE PRESCRIBED BY THE COMMISSIONER PURSUANT TO CLAUSE (I)  OF
SUBPARAGRAPH  ONE OF THIS PARAGRAPH. THE REGULATIONS OF THE COMMISSIONER
SHALL DESCRIBE THE TYPES OF MEASURES OF STUDENT  GROWTH  OR  ACHIEVEMENT
THAT  MAY BE LOCALLY SELECTED.  THE SELECTION OF THE LOCAL MEASURE(S) AS
DESCRIBED IN THIS PARAGRAPH TO BE USED BY THE SCHOOL DISTRICT  OR  BOARD
OF  COOPERATIVE EDUCATIONAL SERVICES SHALL BE DETERMINED THROUGH COLLEC-
TIVE BARGAINING.
  f. (1)  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] FOR
the two thousand twelve--two thousand thirteen school year AND THEREAFT-
ER FOR CLASSROOM TEACHERS IN SUBJECTS AND GRADES FOR WHICH THE BOARD  OF
REGENTS HAS NOT APPROVED A VALUE-ADDED MODEL AND FOR BUILDING PRINCIPALS
EMPLOYED IN SCHOOLS OR PROGRAMS FOR WHICH THERE IS NO APPROVED PRINCIPAL
VALUE-ADDED MODEL, 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.
  (2) ONE OR MORE OF THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF
STUDENT  ACHIEVEMENT  OR GROWTH MAY BE USED FOR THE EVALUATION OF CLASS-
ROOM TEACHERS:
  (I) STUDENT ACHIEVEMENT OR GROWTH ON STATE ASSESSMENTS, REGENTS  EXAM-
INATIONS   AND/OR   DEPARTMENT   APPROVED  ALTERNATIVE  EXAMINATIONS  AS
DESCRIBED IN THE REGULATIONS OF  THE  COMMISSIONER  INCLUDING,  BUT  NOT
LIMITED TO, ADVANCED PLACEMENT EXAMINATIONS, INTERNATIONAL BACCALAUREATE
EXAMINATIONS,  AND  SAT  II,  USING A MEASURE THAT IS DIFFERENT FROM THE
GROWTH SCORE PRESCRIBED BY THE DEPARTMENT FOR  STUDENT  GROWTH  ON  SUCH
ASSESSMENTS  OR  EXAMINATIONS  FOR  PURPOSES  OF THE STATE ASSESSMENT OR
OTHER COMPARABLE MEASURES SUBCOMPONENT THAT IS EITHER:

S. 6257--B                         26                         A. 9057--B

  (A) THE CHANGE IN PERCENTAGE OF A TEACHER'S  STUDENTS  WHO  ACHIEVE  A
SPECIFIC   LEVEL   OF   PERFORMANCE   AS  DETERMINED  LOCALLY,  ON  SUCH
ASSESSMENTS/EXAMINATIONS COMPARED TO THOSE STUDENTS' LEVEL  OF  PERFORM-
ANCE  ON  SUCH ASSESSMENTS/EXAMINATIONS IN THE PREVIOUS SCHOOL YEAR SUCH
AS  A THREE PERCENTAGE POINT INCREASE IN STUDENTS EARNING THE PROFICIENT
LEVEL (THREE) OR BETTER PERFORMANCE LEVEL  ON  THE  SEVENTH  GRADE  MATH
STATE  ASSESSMENT COMPARED TO THOSE SAME STUDENTS' PERFORMANCE LEVELS ON
THE SIXTH GRADE MATH STATE ASSESSMENT, OR AN INCREASE IN THE  PERCENTAGE
OF A TEACHER'S STUDENTS EARNING THE ADVANCED PERFORMANCE LEVEL (FOUR) ON
THE  FOURTH  GRADE  ENGLISH  LANGUAGE  ARTS  OR  MATH  STATE ASSESSMENTS
COMPARED TO THOSE  STUDENTS'  PERFORMANCE  LEVELS  ON  THE  THIRD  GRADE
ENGLISH LANGUAGE ARTS OR MATH STATE ASSESSMENTS; OR
  (B)  A  TEACHER SPECIFIC GROWTH SCORE COMPUTED BY THE DEPARTMENT BASED
ON THE PERCENT OF THE TEACHER'S STUDENTS EARNING A DEPARTMENT DETERMINED
LEVEL OF GROWTH. THE METHODOLOGY  TO  TRANSLATE  SUCH  GROWTH  INTO  THE
STATE-ESTABLISHED SUBCOMPONENT SCORING RANGES SHALL BE DETERMINED LOCAL-
LY; OR
  (C)  A  TEACHER-SPECIFIC  ACHIEVEMENT  OR  GROWTH  SCORE COMPUTED IN A
MANNER DETERMINED LOCALLY BASED ON A MEASURE OF STUDENT  PERFORMANCE  ON
THE  STATE  ASSESSMENTS, REGENTS EXAMINATIONS AND/OR DEPARTMENT APPROVED
ALTERNATIVE EXAMINATIONS OTHER THAN THE MEASURE DESCRIBED IN ITEM (A) OR
(B) OF THIS SUBPARAGRAPH;
  (II) STUDENT GROWTH OR ACHIEVEMENT COMPUTED  IN  A  MANNER  DETERMINED
LOCALLY  BASED ON A STUDENT ASSESSMENT APPROVED BY THE DEPARTMENT PURSU-
ANT TO A REQUEST FOR QUALIFICATION  PROCESS  ESTABLISHED  IN  THE  REGU-
LATIONS OF THE COMMISSIONER;
  (III)  STUDENT  GROWTH  OR ACHIEVEMENT COMPUTED IN A MANNER DETERMINED
LOCALLY BASED ON A DISTRICT, REGIONAL OR BOCES-DEVELOPED ASSESSMENT THAT
IS RIGOROUS AND COMPARABLE ACROSS CLASSROOMS;
  (IV) A SCHOOL-WIDE MEASURE OF EITHER  STUDENT  GROWTH  OR  ACHIEVEMENT
BASED ON EITHER:
  (A) A STATE-PROVIDED STUDENT GROWTH SCORE COVERING ALL STUDENTS IN THE
SCHOOL  THAT TOOK THE STATE ASSESSMENT IN ENGLISH LANGUAGE ARTS OR MATH-
EMATICS IN GRADES FOUR THROUGH EIGHT;
  (B) A SCHOOL-WIDE MEASURE OF STUDENT GROWTH OR ACHIEVEMENT COMPUTED IN
A MANNER DETERMINED LOCALLY BASED ON A DISTRICT, REGIONAL  OR  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES DEVELOPED ASSESSMENT THAT IS RIGOROUS
AND COMPARABLE  ACROSS  CLASSROOMS  OR  A  DEPARTMENT  APPROVED  STUDENT
ASSESSMENT OR BASED ON A STATE ASSESSMENT; OR
  (V) WHERE APPLICABLE, FOR TEACHERS IN ANY GRADE OR SUBJECT WHERE THERE
IS  NO  GROWTH  OR  VALUE-ADDED  GROWTH  MODEL  APPROVED BY THE BOARD OF
REGENTS  AT  THAT  GRADE  LEVEL  OR  IN  THAT  SUBJECT,   A   STRUCTURED
DISTRICT-WIDE  STUDENT  GROWTH  GOAL-SETTING PROCESS TO BE USED WITH ANY
STATE ASSESSMENT OR  AN  APPROVED  STUDENT  ASSESSMENT  OR  A  DISTRICT,
REGIONAL  OR  BOCES-DEVELOPED ASSESSMENT THAT IS RIGOROUS AND COMPARABLE
ACROSS CLASSROOMS.
  (3) ONE OR MORE OF THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF
STUDENT ACHIEVEMENT OR GROWTH MAY BE USED FOR THE EVALUATION OF  PRINCI-
PALS,  PROVIDED  THAT  EACH  MEASURE  IS  RIGOROUS AND COMPARABLE ACROSS
CLASSROOMS AND THAT ANY SUCH MEASURE SHALL BE DIFFERENT FROM  THAT  USED
FOR THE STATE ASSESSMENT OR OTHER COMPARABLE MEASURES SUBCOMPONENT:
  (I)  STUDENT  ACHIEVEMENT  LEVELS  ON  STATE  ASSESSMENTS  IN  ENGLISH
LANGUAGE ARTS AND/OR  MATHEMATICS  IN  GRADES  FOUR  TO  EIGHT  SUCH  AS
PERCENTAGE  OF  STUDENTS IN THE SCHOOL WHOSE PERFORMANCE LEVELS ON STATE
ASSESSMENTS ARE PROFICIENT OR ADVANCED, AS DEFINED IN THE REGULATIONS OF
THE COMMISSIONER;

S. 6257--B                         27                         A. 9057--B

  (II) STUDENT GROWTH OR ACHIEVEMENT ON STATE OR  OTHER  ASSESSMENTS  IN
ENGLISH  LANGUAGE  ARTS  AND/OR  MATHEMATICS IN GRADES FOUR TO EIGHT FOR
STUDENTS IN EACH OF THE PERFORMANCE LEVELS DESCRIBED IN THE  REGULATIONS
OF THE COMMISSIONER;
  (III)  STUDENT  GROWTH  OR ACHIEVEMENT ON STATE ASSESSMENTS IN ENGLISH
LANGUAGE ARTS AND/OR MATHEMATICS IN GRADES FOUR TO  EIGHT  FOR  STUDENTS
WITH DISABILITIES AND ENGLISH LANGUAGE LEARNERS IN GRADES FOUR TO EIGHT;
  (IV)  STUDENT  PERFORMANCE  ON ANY OR ALL OF THE DISTRICT-WIDE LOCALLY
SELECTED MEASURES APPROVED FOR USE IN TEACHER EVALUATIONS;
  (V) FOR PRINCIPALS EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES, FOUR,
FIVE AND/OR SIX-YEAR HIGH SCHOOL GRADUATION AND/OR DROPOUT RATES;
  (VI) PERCENTAGE OF STUDENTS WHO EARN A REGENTS DIPLOMA  WITH  ADVANCED
DESIGNATION  AND/OR  HONORS AS DEFINED IN THE REGULATIONS OF THE COMMIS-
SIONER, FOR PRINCIPALS EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES;
  (VII) PERCENTAGE OF A COHORT OF STUDENTS THAT ACHIEVE SPECIFIED SCORES
ON REGENTS EXAMINATIONS AND/OR DEPARTMENT APPROVED ALTERNATIVE  EXAMINA-
TIONS  INCLUDING,  BUT  NOT LIMITED TO, ADVANCED PLACEMENT EXAMINATIONS,
INTERNATIONAL BACCALAUREATE EXAMINATIONS  AND  SAT  II,  FOR  PRINCIPALS
EMPLOYED  IN  A SCHOOL WITH HIGH SCHOOL GRADES SUCH AS THE PERCENTAGE OF
STUDENTS IN THE TWO THOUSAND NINE COHORT THAT SCORED AT LEAST A THREE ON
AN ADVANCED PLACEMENT EXAMINATION SINCE  ENTRY  INTO  THE  NINTH  GRADE;
AND/OR
  (VIII) STUDENTS' PROGRESS TOWARD GRADUATION IN THE SCHOOL USING STRONG
PREDICTIVE  INDICATORS,  INCLUDING BUT NOT LIMITED TO NINTH AND/OR TENTH
GRADE CREDIT ACCUMULATION AND/OR THE PERCENTAGE OF  STUDENTS  THAT  PASS
NINTH  AND/OR  TENTH GRADE SUBJECTS MOST COMMONLY ASSOCIATED WITH GRADU-
ATION AND/OR STUDENTS'  PROGRESS  IN  PASSING  THE  NUMBER  OF  REQUIRED
REGENTS EXAMINATIONS FOR GRADUATION, FOR PRINCIPALS EMPLOYED IN A SCHOOL
WITH HIGH SCHOOL GRADES.
  (IX)  FOR  SCHOOL  DISTRICTS  OR  BOARDS  OF  COOPERATIVE  EDUCATIONAL
SERVICES THAT CHOOSE TO USE MORE THAN ONE SET OF LOCALLY SELECTED  MEAS-
URES  DESCRIBED  IN THIS PARAGRAPH FOR PRINCIPALS IN THE SAME OR SIMILAR
GRADE CONFIGURATION OR PROGRAM SUCH AS ONE SET OF LOCALLY SELECTED MEAS-
URES IS USED TO EVALUATE PRINCIPALS IN SOME K-5 SCHOOLS AND ANOTHER  SET
OF LOCALLY SELECTED MEASURES IS USED TO EVALUATE PRINCIPALS IN THE OTHER
K-5  SCHOOLS IN THE DISTRICT, THE SUPERINTENDENT OR DISTRICT SUPERINTEN-
DENT SHALL, IN THEIR PROFESSIONAL PERFORMANCE REVIEW PLAN, CERTIFY  THAT
THE  SETS  OF  MEASURES  ARE  COMPARABLE, IN ACCORDANCE WITH THE TESTING
STANDARDS AS DEFINED IN REGULATIONS OF THE COMMISSIONER.
  (X) FOR BUILDING PRINCIPALS EMPLOYED IN SCHOOLS OR PROGRAMS FOR  WHICH
THERE  IS  NO APPROVED PRINCIPAL VALUE-ADDED MODEL, THE TYPES OF LOCALLY
SELECTED MEASURES OF STUDENT ACHIEVEMENT OR GROWTH SPECIFIED IN SUBPARA-
GRAPH THREE OF PARAGRAPH G OF THIS SUBDIVISION MAY BE USED. IN ADDITION,
A STRUCTURED DISTRICT-WIDE STUDENT GROWTH  GOAL-SETTING  PROCESS  TO  BE
USED  WITH  ANY  STATE ASSESSMENT OR AN APPROVED STUDENT ASSESSMENT OR A
DISTRICT, REGIONAL OF BOCES-DEVELOPED ASSESSMENT THAT  IS  RIGOROUS  AND
COMPARABLE ACROSS CLASSROOMS MAY BE A LOCALLY SELECTED MEASURE.
  (4)  THE  SELECTION  OF  THE LOCAL MEASURE OR MEASURES AS DESCRIBED IN
SUBPARAGRAPHS TWO AND THREE OF THIS PARAGRAPH TO BE USED BY  THE  SCHOOL
DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DETER-
MINED THROUGH COLLECTIVE BARGAINING.
  g. (1)  For  annual  professional  performance  reviews  conducted  in
accordance  with  paragraph  c  of  this subdivision [in] FOR the [first
school year for which the board of regents has approved use of a  value-
added  growth  model]  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR and thereafter FOR CLASSROOM TEACHERS IN  SUBJECTS  AND  GRADES  IN

S. 6257--B                         28                         A. 9057--B

WHICH  THERE  IS  A  VALUE-ADDED  GROWTH  MODEL APPROVED BY THE BOARD OF
REGENTS AND FOR BUILDING PRINCIPALS EMPLOYED IN SCHOOLS OR PROGRAMS  FOR
WHICH THERE IS AN APPROVED PRINCIPAL VALUE-ADDED MODEL, forty percent of
the  composite score of effectiveness shall be based on student achieve-
ment 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 require-
ments 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 eval-
uations.
  (2) ONE OR MORE OF THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF
STUDENT  ACHIEVEMENT  OR GROWTH MAY BE USED FOR THE EVALUATION OF CLASS-
ROOM TEACHERS:
  (I) STUDENT ACHIEVEMENT OR GROWTH ON STATE ASSESSMENTS, REGENTS  EXAM-
INATIONS   AND/OR   DEPARTMENT   APPROVED  ALTERNATIVE  EXAMINATIONS  AS
DESCRIBED IN THE REGULATIONS OF  THE  COMMISSIONER  INCLUDING,  BUT  NOT
LIMITED TO, ADVANCED PLACEMENT EXAMINATIONS, INTERNATIONAL BACCALAUREATE
EXAMINATIONS  AND  SAT  II,  USING  A MEASURE THAT IS DIFFERENT FROM THE
GROWTH SCORE PRESCRIBED BY THE DEPARTMENT FOR  STUDENT  GROWTH  ON  SUCH
ASSESSMENTS  OR  EXAMINATIONS  FOR  PURPOSES  OF THE STATE ASSESSMENT OR
OTHER COMPARABLE MEASURES SUBCOMPONENT THAT IS EITHER:
  (A) THE CHANGE IN PERCENTAGE OF A TEACHER'S  STUDENTS  WHO  ACHIEVE  A
SPECIFIC   LEVEL   OF   PERFORMANCE   AS  DETERMINED  LOCALLY,  ON  SUCH
ASSESSMENTS/EXAMINATIONS COMPARED TO THOSE STUDENTS' LEVEL  OF  PERFORM-
ANCE  ON  SUCH ASSESSMENTS/EXAMINATIONS IN THE PREVIOUS SCHOOL YEAR SUCH
AS A THREE PERCENTAGE POINT INCREASE IN STUDENTS EARNING THE  PROFICIENT
LEVEL  (THREE)  OR  BETTER  PERFORMANCE  LEVEL ON THE SEVENTH GRADE MATH
STATE ASSESSMENT COMPARED TO THOSE SAME STUDENTS' PERFORMANCE LEVELS  ON
THE  SIXTH GRADE MATH STATE ASSESSMENT, OR AN INCREASE IN THE PERCENTAGE
OF A TEACHER'S STUDENTS EARNING THE ADVANCED PERFORMANCE LEVEL (FOUR) ON
THE FOURTH  GRADE  ENGLISH  LANGUAGE  ARTS  OR  MATH  STATE  ASSESSMENTS
COMPARED  TO  THOSE  STUDENTS'  PERFORMANCE  LEVELS  ON  THE THIRD GRADE
ENGLISH LANGUAGE ARTS OR MATH STATE ASSESSMENTS; OR
  (B) A TEACHER SPECIFIC GROWTH SCORE COMPUTED BY THE STATE BASED ON THE
PERCENT OF THE TEACHER'S STUDENTS EARNING A STATE  DETERMINED  LEVEL  OF
GROWTH.  THE METHODOLOGY TO TRANSLATE SUCH GROWTH INTO THE STATE-ESTABL-
ISHED SUBCOMPONENT SCORING RANGES SHALL BE DETERMINED LOCALLY; OR
  (C) A TEACHER-SPECIFIC ACHIEVEMENT  OR  GROWTH  SCORE  COMPUTED  IN  A
MANNER  DETERMINED  LOCALLY BASED ON A MEASURE OF STUDENT PERFORMANCE ON
THE STATE ASSESSMENTS, REGENTS EXAMINATIONS AND/OR  DEPARTMENT  APPROVED
ALTERNATIVE EXAMINATIONS OTHER THAN THE MEASURE DESCRIBED IN ITEM (A) OR
(B) OF THIS SUBPARAGRAPH;
  (II)  STUDENT  GROWTH  OR  ACHIEVEMENT COMPUTED IN A MANNER DETERMINED
LOCALLY BASED ON A STUDENT ASSESSMENT APPROVED BY THE DEPARTMENT  PURSU-
ANT  TO  A  REQUEST  FOR  QUALIFICATION PROCESS ESTABLISHED IN THE REGU-
LATIONS OF THE COMMISSIONER;
  (III) STUDENT GROWTH OR ACHIEVEMENT COMPUTED IN  A  MANNER  DETERMINED
LOCALLY BASED ON A DISTRICT, REGIONAL OR BOCES-DEVELOPED ASSESSMENT THAT
IS RIGOROUS AND COMPARABLE ACROSS CLASSROOMS;

S. 6257--B                         29                         A. 9057--B

  (IV)  A  SCHOOL-WIDE  MEASURE  OF EITHER STUDENT GROWTH OR ACHIEVEMENT
BASED ON EITHER:
  (A) A STATE-PROVIDED STUDENT GROWTH SCORE COVERING ALL STUDENTS IN THE
SCHOOL  THAT TOOK THE STATE ASSESSMENT IN ENGLISH LANGUAGE ARTS OR MATH-
EMATICS IN GRADES FOUR THROUGH EIGHT; OR
  (B) A SCHOOL-WIDE MEASURE OF STUDENT GROWTH OR ACHIEVEMENT COMPUTED IN
A MANNER DETERMINED LOCALLY BASED ON A DISTRICT, REGIONAL  OR  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES DEVELOPED ASSESSMENT THAT IS RIGOROUS
AND COMPARABLE  ACROSS  CLASSROOMS  OR  A  DEPARTMENT  APPROVED  STUDENT
ASSESSMENT OR BASED ON A STATE ASSESSMENT.
  (3) ONE OR MORE OF THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF
STUDENT  ACHIEVEMENT OR GROWTH MAY BE USED FOR THE EVALUATION OF PRINCI-
PALS, PROVIDED THAT EACH  MEASURE  IS  RIGOROUS  AND  COMPARABLE  ACROSS
CLASSROOMS  AND  THAT ANY SUCH MEASURE SHALL BE DIFFERENT FROM THAT USED
FOR THE STATE ASSESSMENT OR OTHER COMPARABLE MEASURES SUBCOMPONENT:
  (I)  STUDENT  ACHIEVEMENT  LEVELS  ON  STATE  ASSESSMENTS  IN  ENGLISH
LANGUAGE  ARTS  AND/OR  MATHEMATICS  IN  GRADES  FOUR  TO  EIGHT SUCH AS
PERCENTAGE OF STUDENTS IN THE SCHOOL WHOSE PERFORMANCE LEVELS  ON  STATE
ASSESSMENTS ARE PROFICIENT OR ADVANCED, AS DEFINED IN THE REGULATIONS OF
THE COMMISSIONER;
  (II)  STUDENT  GROWTH  OR ACHIEVEMENT ON STATE OR OTHER ASSESSMENTS IN
ENGLISH LANGUAGE ARTS AND/OR MATHEMATICS IN GRADES  FOUR  TO  EIGHT  FOR
STUDENTS  IN EACH OF THE PERFORMANCE LEVELS DESCRIBED IN THE REGULATIONS
OF THE COMMISSIONER;
  (III) STUDENT GROWTH OR ACHIEVEMENT ON STATE  ASSESSMENTS  IN  ENGLISH
LANGUAGE  ARTS  AND/OR  MATHEMATICS IN GRADES FOUR TO EIGHT FOR STUDENTS
WITH DISABILITIES AND ENGLISH LANGUAGE LEARNERS IN GRADES FOUR TO EIGHT;
  (IV) STUDENT PERFORMANCE ON ANY OR ALL OF  THE  DISTRICT-WIDE  LOCALLY
SELECTED MEASURES APPROVED FOR USE IN TEACHER EVALUATIONS;
  (V) FOR PRINCIPALS EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES, FOUR,
FIVE AND/OR SIX-YEAR HIGH SCHOOL GRADUATION AND/OR DROPOUT RATES;
  (VI)  PERCENTAGE  OF STUDENTS WHO EARN A REGENTS DIPLOMA WITH ADVANCED
DESIGNATION AND/OR HONORS AS DEFINED IN THE REGULATIONS OF  THE  COMMIS-
SIONER, FOR PRINCIPALS EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES;
  (VII) PERCENTAGE OF A COHORT OF STUDENTS THAT ACHIEVE SPECIFIED SCORES
ON  REGENTS EXAMINATIONS AND/OR DEPARTMENT APPROVED ALTERNATIVE EXAMINA-
TIONS INCLUDING, BUT NOT LIMITED TO,  ADVANCED  PLACEMENT  EXAMINATIONS,
INTERNATIONAL  BACCALAUREATE  EXAMINATIONS  AND  SAT  II, FOR PRINCIPALS
EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES SUCH AS THE  PERCENTAGE  OF
STUDENTS IN THE TWO THOUSAND NINE COHORT THAT SCORED AT LEAST A THREE ON
AN  ADVANCED  PLACEMENT  EXAMINATION  SINCE  ENTRY INTO THE NINTH GRADE;
AND/OR
  (VIII) STUDENTS' PROGRESS TOWARD GRADUATION IN THE SCHOOL USING STRONG
PREDICTIVE INDICATORS, INCLUDING BUT NOT LIMITED TO NINTH  AND/OR  TENTH
GRADE  CREDIT  ACCUMULATION  AND/OR THE PERCENTAGE OF STUDENTS THAT PASS
NINTH AND/OR TENTH GRADE SUBJECTS MOST COMMONLY ASSOCIATED  WITH  GRADU-
ATION  AND/OR  STUDENTS'  PROGRESS  IN  PASSING  THE  NUMBER OF REQUIRED
REGENTS EXAMINATIONS FOR GRADUATION, FOR PRINCIPALS EMPLOYED IN A SCHOOL
WITH HIGH SCHOOL GRADES.
  (IX)  FOR  SCHOOL  DISTRICTS  OR  BOARDS  OF  COOPERATIVE  EDUCATIONAL
SERVICES  THAT CHOOSE TO USE MORE THAN ONE SET OF LOCALLY SELECTED MEAS-
URES DESCRIBED IN THIS PARAGRAPH FOR PRINCIPALS IN THE SAME  OR  SIMILAR
GRADE  CONFIGURATION  OR  PROGRAM, THE SUPERINTENDENT OR DISTRICT SUPER-
INTENDENT SHALL, IN THEIR PROFESSIONAL PERFORMANCE REVIEW PLAN,  CERTIFY
THAT THE SETS OF MEASURES ARE COMPARABLE, IN ACCORDANCE WITH THE TESTING
STANDARDS AS DEFINED IN REGULATIONS OF THE COMMISSIONER.

S. 6257--B                         30                         A. 9057--B

  (4)  THE  SELECTION  OF  THE LOCAL MEASURE OR MEASURES AS DESCRIBED IN
SUBPARAGRAPHS TWO AND THREE OF THIS PARAGRAPH TO BE USED BY  THE  SCHOOL
DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DETER-
MINED THROUGH COLLECTIVE BARGAINING.
  (5)  The  department  shall  develop  the value-added growth model and
shall consult with the advisory committee established pursuant to subdi-
vision seven of this section prior to recommending  that  the  board  of
regents approve its use in evaluations.
  S  5.  Paragraph h of subdivision 2 of section 3012-c of the education
law, as added by chapter 103 of the laws of 2010, is amended to read  as
follows:
  h.  The remaining SIXTY percent of the evaluations, ratings and effec-
tiveness scores shall be locally developed, consistent with  the  stand-
ards  prescribed in the regulations of the commissioner, through negoti-
ations conducted pursuant to article fourteen of the civil service law.
  (1) A MAJORITY OF THE SIXTY POINTS FOR  CLASSROOM  TEACHERS  SHALL  BE
BASED  ON  MULTIPLE  CLASSROOM  OBSERVATIONS CONDUCTED BY A PRINCIPAL OR
OTHER TRAINED ADMINISTRATOR, WHICH MAY  BE  PERFORMED  IN-PERSON  OR  BY
VIDEO.  FOR  EVALUATIONS FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIR-
TEEN SCHOOL YEAR AND THEREAFTER, AT LEAST ONE SUCH OBSERVATION SHALL  BE
AN UNANNOUNCED VISIT.
  (2)  FOR  THE  REMAINING PORTION OF THESE SIXTY POINTS FOR EVALUATIONS
FOR THE TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR,  THE
COMMISSIONER'S REGULATION SHALL PRESCRIBE THE OTHER FORMS OF EVIDENCE OF
TEACHER AND PRINCIPAL EFFECTIVENESS THAT MAY BE USED.
  (3)  FOR  EVALUATIONS  OF  CLASSROOM  TEACHERS  FOR  THE  TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER, THE  REMAINING
PORTION  OF  THESE  SIXTY  POINTS  SHALL  BE BASED ON ONE OR MORE OF THE
FOLLOWING:
  (I) ONE OR MORE CLASSROOM OBSERVATIONS BY INDEPENDENT  TRAINED  EVALU-
ATORS  SELECTED  BY  THE  SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES WHO ARE TEACHERS OR FORMER TEACHERS WITH A  DEMONSTRATED
RECORD OF EFFECTIVENESS AND HAVE NO PRIOR AFFILIATION WITH THE SCHOOL IN
WHICH  THEY ARE CONDUCTING THE EVALUATION AND NO OTHER RELATIONSHIP WITH
THE TEACHERS BEING EVALUATED THAT WOULD AFFECT THEIR IMPARTIALITY;
  (II) CLASSROOM OBSERVATIONS BY TRAINED IN-SCHOOL PEER TEACHERS; AND/OR
  (III) USE OF A STATE-APPROVED INSTRUMENT FOR PARENT OR  STUDENT  FEED-
BACK; AND/OR
  (IV)  EVIDENCE  OF  STUDENT DEVELOPMENT AND PERFORMANCE THROUGH LESSON
PLANS, STUDENT PORTFOLIOS  AND  OTHER  ARTIFACTS  OF  TEACHER  PRACTICES
THROUGH A STRUCTURED REVIEW PROCESS.
  (4)  A MAJORITY OF THESE SIXTY POINTS FOR BUILDING PRINCIPALS SHALL BE
BASED ON A BROAD ASSESSMENT OF THE PRINCIPAL'S LEADERSHIP AND MANAGEMENT
ACTIONS BASED ON THE PRINCIPAL PRACTICE RUBRIC BY THE  BUILDING  PRINCI-
PAL'S SUPERVISOR, A TRAINED ADMINISTRATOR OR A TRAINED INDEPENDENT EVAL-
UATOR,  WITH  ONE  OR  MORE VISITS CONDUCTED BY THE SUPERVISOR, AND, FOR
EVALUATIONS FOR THE TWO THOUSAND TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
YEAR  AND  THEREAFTER,  THAT  SUCH  ASSESSMENT MUST INCORPORATE MULTIPLE
SCHOOL VISITS BY A SUPERVISOR, A TRAINED ADMINISTRATOR OR OTHER  TRAINED
EVALUATOR,  WITH  AT  LEAST ONE VISIT CONDUCTED BY THE SUPERVISOR AND AT
LEAST ONE UNANNOUNCED VISIT. FOR THE REMAINING PORTION  OF  THESE  SIXTY
POINTS  FOR EVALUATIONS FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
SCHOOL YEAR, SUCH REGULATIONS SHALL ALSO PRESCRIBE THE  OTHER  FORMS  OF
EVIDENCE OF PRINCIPAL EFFECTIVENESS THAT MAY BE USED CONSISTENT WITH THE
STANDARDS PRESCRIBED BY THE COMMISSIONER.

S. 6257--B                         31                         A. 9057--B

  (5)  FOR  EVALUATIONS  OF  BUILDING  PRINCIPALS  FOR  THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER, THE  REMAINING
PORTION OF THESE SIXTY POINTS SHALL INCLUDE, IN ADDITION TO THE REQUIRE-
MENTS OF SUBPARAGRAPH THREE OF THIS PARAGRAPH, AT LEAST TWO OTHER SOURC-
ES  OF  EVIDENCE  FROM  THE  FOLLOWING  OPTIONS: FEEDBACK FROM TEACHERS,
STUDENTS,  AND/OR  FAMILIES  USING  STATE-APPROVED  INSTRUMENTS;  SCHOOL
VISITS  BY  OTHER TRAINED EVALUATORS; AND/OR REVIEW OF SCHOOL DOCUMENTS,
RECORDS, AND/OR  STATE  ACCOUNTABILITY  PROCESSES.  ANY  SUCH  REMAINING
POINTS  SHALL  BE ASSIGNED BASED ON THE RESULTS OF ONE OR MORE AMBITIOUS
AND MEASURABLE GOALS  SET  COLLABORATIVELY  WITH  PRINCIPALS  AND  THEIR
SUPERINTENDENTS OR DISTRICT SUPERINTENDENTS AS FOLLOWS:
  (I)  AT  LEAST  ONE  GOAL MUST ADDRESS THE PRINCIPAL'S CONTRIBUTION TO
IMPROVING TEACHER EFFECTIVENESS, WHICH SHALL INCLUDE ONE OR MORE OF  THE
FOLLOWING:  IMPROVED  RETENTION  OF HIGH PERFORMING TEACHERS, THE CORRE-
LATION BETWEEN STUDENT GROWTH  SCORES  OF  TEACHERS  GRANTED  TENURE  AS
OPPOSED  TO  THOSE  DENIED  TENURE;  OR  IMPROVEMENTS IN THE PROFICIENCY
RATING OF THE PRINCIPAL ON SPECIFIC TEACHER EFFECTIVENESS  STANDARDS  IN
THE PRINCIPAL PRACTICE RUBRIC.
  (II)  ANY  OTHER  GOALS  SHALL  ADDRESS  QUANTIFIABLE  AND  VERIFIABLE
IMPROVEMENTS IN ACADEMIC RESULTS OR THE SCHOOL'S LEARNING  ENVIRONMENTAL
SUCH AS STUDENT OR TEACHER ATTENDANCE.
  (6)  THE  DISTRICT  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
ESTABLISH SPECIFIC MINIMUM AND MAXIMUM SCORING RANGES FOR EACH  PERFORM-
ANCE LEVEL WITHIN THIS SUBCOMPONENT BEFORE THE START OF EACH SCHOOL YEAR
AND  SHALL ASSIGN POINTS TO A TEACHER OR PRINCIPAL FOR THIS SUBCOMPONENT
BASED ON THE STANDARDS PRESCRIBED IN THE REGULATIONS OF THE  COMMISSION-
ER,  ALL  IN  ACCORDANCE WITH, AND SUBJECT TO, THE REQUIREMENTS OF PARA-
GRAPH J OF THIS SUBDIVISION.
  S 6. Subdivision 2 of section 3012-c of the education law  is  amended
by adding a new paragraph j to read as follows:
  J.  (1)  THE PROCESS BY WHICH POINTS ARE ASSIGNED IN SUBCOMPONENTS AND
THE SCORING RANGES FOR THE SUBCOMPONENTS MUST BE TRANSPARENT AND  AVAIL-
ABLE  TO THOSE BEING RATED BEFORE THE BEGINNING OF EACH SCHOOL YEAR. THE
PROCESS BY WHICH POINTS ARE ASSIGNED IN THE RESPECTIVE SUBCOMPONENTS ARE
TO BE DETERMINED AS FOLLOWS:
  (I) FOR THE STATE ASSESSMENT OR OTHER  COMPARABLE  MEASURES  SUBCOMPO-
NENT,  THAT  PROCESS  SHALL  BE  FORMULATED BY THE COMMISSIONER WITH THE
APPROVAL OF THE BOARD OF REGENTS.
  (II) FOR THE LOCALLY SELECTED  MEASURES  OF  THE  STUDENT  ACHIEVEMENT
SUBCOMPONENT,  THAT PROCESS SHALL BE ESTABLISHED LOCALLY THROUGH NEGOTI-
ATIONS CONDUCTED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  (III) FOR THE OTHER MEASURES OF TEACHER  AND  PRINCIPAL  EFFECTIVENESS
SUBCOMPONENT,  THAT PROCESS SHALL BE ESTABLISHED LOCALLY THROUGH NEGOTI-
ATIONS CONDUCTED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICES LAW.
  (2) SUCH PROCESS MUST ENSURE THAT IT IS  POSSIBLE  FOR  A  TEACHER  OR
PRINCIPAL TO OBTAIN EACH POINT IN THE APPLICABLE SCORING RANGES, INCLUD-
ING  ZERO, FOR THE STATE ASSESSMENT OR OTHER COMPARABLE MEASURES SUBCOM-
PONENT, THE LOCALLY SELECTED MEASURES OF STUDENT  ACHIEVEMENT  SUBCOMPO-
NENT  AND  THE  OVERALL  RATING CATEGORIES. THE PROCESS MUST ALSO ENSURE
THAT IT IS POSSIBLE FOR A TEACHER OR PRINCIPAL TO OBTAIN EACH  POINT  IN
THE  SCORING  RANGES  PRESCRIBED BY THE DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES FOR THE OTHER MEASURES  OF  TEACHER  AND  PRINCIPAL
EFFECTIVENESS SUBCOMPONENT.
  (3)  THE SUPERINTENDENT, DISTRICT SUPERINTENDENT OR CHANCELLOR AND THE
PRESIDENT OF THE COLLECTIVE BARGAINING REPRESENTATIVE (WHERE ONE EXISTS)
SHALL CERTIFY IN ITS PLAN  THAT  THE  PROCESS  WILL  USE  THE  NARRATIVE

S. 6257--B                         32                         A. 9057--B

DESCRIPTIONS  OF  THE  STANDARDS  FOR THE SCORING RANGES PROVIDED IN THE
REGULATIONS OF THE COMMISSIONER TO EFFECTIVELY DIFFERENTIATE  A  TEACHER
OR  PRINCIPAL'S  PERFORMANCE  IN  EACH OF THE SUBCOMPONENTS AND IN THEIR
OVERALL RATINGS TO IMPROVE STUDENT LEARNING AND INSTRUCTION.
  (4) THE SCORING RANGES FOR THE OTHER MEASURES OF TEACHER AND PRINCIPAL
EFFECTIVENESS  SUBCOMPONENT SHALL BE ESTABLISHED LOCALLY THROUGH NEGOTI-
ATIONS CONDUCTED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  S 7. Subdivision 2 of section 3012-c of the education law  is  amended
by adding a new paragraph k to read as follows:
  K.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, BY JULY FIRST, TWO THOUSAND TWELVE, THE GOVERNING BODY  OF
EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
ADOPT  A  PLAN, ON A FORM PRESCRIBED BY THE COMMISSIONER, FOR THE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW OF ALL OF  ITS  CLASSROOM  TEACHERS  AND
BUILDING  PRINCIPALS IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION
AND THE REGULATIONS OF THE COMMISSIONER, AND SHALL SUBMIT SUCH  PLAN  TO
THE  COMMISSIONER  FOR APPROVAL. THE PLAN MAY BE AN ANNUAL OR MULTI-YEAR
PLAN, FOR THE ANNUAL PROFESSIONAL  PERFORMANCE  REVIEW  OF  ALL  OF  ITS
CLASSROOM  TEACHERS  AND  BUILDING  PRINCIPALS.  THE  COMMISSIONER SHALL
APPROVE OR REJECT THE PLAN BY SEPTEMBER FIRST, TWO THOUSAND  TWELVE,  OR
AS  SOON  AS  PRACTICABLE THEREAFTER. THE COMMISSIONER MAY REJECT A PLAN
THAT DOES NOT RIGOROUSLY ADHERE TO THE PROVISIONS OF  THIS  SECTION  AND
THE  REGULATIONS  OF THE COMMISSIONER.  SHOULD ANY PLAN BE REJECTED, THE
COMMISSIONER SHALL DESCRIBE EACH DEFICIENCY IN THE  SUBMITTED  PLAN  AND
DIRECT THAT EACH SUCH DEFICIENCY BE RESOLVED THROUGH COLLECTIVE BARGAIN-
ING  TO  THE EXTENT REQUIRED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE
LAW. IF ANY MATERIAL CHANGES ARE MADE TO THE PLAN, THE  SCHOOL  DISTRICT
OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES MUST SUBMIT THE MATERIAL
CHANGES, ON A FORM PRESCRIBED BY THE COMMISSIONER, TO  THE  COMMISSIONER
FOR  APPROVAL. TO THE EXTENT THAT BY JULY FIRST, TWO THOUSAND TWELVE, OR
BY JULY FIRST OF ANY SUBSEQUENT YEAR, IF ALL THE TERMS OF THE PLAN  HAVE
NOT BEEN FINALIZED AS A RESULT OF UNRESOLVED COLLECTIVE BARGAINING NEGO-
TIATIONS,  THE  ENTIRE  PLAN SHALL BE SUBMITTED TO THE COMMISSIONER UPON
RESOLUTION OF ALL OF ITS TERMS, CONSISTENT WITH ARTICLE FOURTEEN OF  THE
CIVIL SERVICE LAW.
  S 8. Subdivision 4 of section 3012-c of the education law, as added by
chapter 103 of the laws of 2010, is amended to read as follows:
  4.  Notwithstanding any other law, rule or regulation to the contrary,
upon rating a teacher  or  a  principal  as  developing  or  ineffective
through  an annual professional performance review conducted pursuant to
subdivision two of this section, the school district or board of cooper-
ative educational services shall formulate and  commence  implementation
of a teacher or principal improvement plan for such teacher or principal
as  soon  as practicable but in no case later than ten SCHOOL days after
[the date on which teachers are required to report prior to] the opening
of classes for the school year. Such improvement plan shall be  consist-
ent  with  the  regulations  of  the  commissioner and developed locally
through negotiations conducted pursuant to article fourteen of the civil
service law. Such improvement plan shall include, but need not be limit-
ed to, identification of needed areas of  improvement,  a  timeline  for
achieving improvement, the manner in which improvement will be assessed,
and, where appropriate, differentiated activities to support a teacher's
or principal's improvement in those areas.
  S 9. Subdivision 5 of section 3012-c of the education law, as added by
chapter 103 of the laws of 2010, is amended to read as follows:

S. 6257--B                         33                         A. 9057--B

  5. A. An appeals procedure shall be locally established in each school
district  and in each board of cooperative educational services by which
the evaluated teacher or principal may only challenge the  substance  of
the  annual  professional  performance  review, the school district's or
board  of  cooperative  educational services' adherence to the standards
and methodologies required for such reviews, pursuant to  this  section,
the adherence to the regulations of the commissioner and compliance with
any  applicable  locally  negotiated  procedures,  as well as the school
district's or board of cooperative educational services' issuance and/or
implementation of the terms of  the  teacher  or  principal  improvement
plan,  as  required under this section.  APPEAL PROCEDURES SHALL PROVIDE
FOR THE TIMELY AND EXPEDITIOUS  RESOLUTION  OF  ANY  APPEAL  UNDER  THIS
SUBDIVISION.  The  specifics  of  the  appeal procedure shall be locally
established through negotiations conducted pursuant to article  fourteen
of  the  civil  service  law.  An  evaluation which is the subject of an
appeal shall not be sought to  be  offered  in  evidence  or  placed  in
evidence  in  any  proceeding conducted pursuant to either section three
thousand twenty-a of this article or any  locally  negotiated  alternate
disciplinary procedure, until the appeal process is concluded.
  B.    NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO ALTER OR DIMINISH
THE AUTHORITY OF THE GOVERNING BODY OF A SCHOOL  DISTRICT  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES TO GRANT OR DENY TENURE TO OR TERMINATE
PROBATIONARY  TEACHERS  OR  PROBATIONARY  BUILDING PRINCIPALS DURING THE
PENDENCY OF AN APPEAL PURSUANT  TO  THIS  SECTION  FOR  STATUTORILY  AND
CONSTITUTIONALLY PERMISSIBLE REASONS OTHER THAN THE TEACHER'S OR PRINCI-
PAL'S PERFORMANCE THAT IS THE SUBJECT OF THE APPEAL.
  C.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE A TEACHER
OR PRINCIPAL TO TRIGGER THE APPEAL PROCESS PRIOR  TO  RECEIPT  OF  THEIR
COMPOSITE  EFFECTIVENESS  SCORE AND RATING FROM THE DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES.
  S 10. Section 3012-c of the education law is amended by adding  a  new
subdivision 9 to read as follows:
  9.  A.  THE  DEPARTMENT  SHALL ANNUALLY MONITOR AND ANALYZE TRENDS AND
PATTERNS IN TEACHER AND PRINCIPAL EVALUATION RESULTS AND DATA TO IDENTI-
FY SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL  SERVICES  AND/OR
SCHOOLS  WHERE  EVIDENCE SUGGESTS THAT A MORE RIGOROUS EVALUATION SYSTEM
IS  NEEDED  TO  IMPROVE  EDUCATOR  EFFECTIVENESS  AND  STUDENT  LEARNING
OUTCOMES. THE CRITERIA FOR IDENTIFYING SCHOOL DISTRICTS, BOARDS OF COOP-
ERATIVE  EDUCATIONAL  SERVICES AND/OR SCHOOLS SHALL BE PRESCRIBED IN THE
REGULATIONS OF THE COMMISSIONER.
  B. A SCHOOL, SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  IDENTIFIED  BY THE DEPARTMENT IN ONE OF THE CATEGORIES ENUMER-
ATED IN PARAGRAPH A OF THIS SUBDIVISION MAY  BE  HIGHLIGHTED  IN  PUBLIC
REPORTS  AND/OR  THE  COMMISSIONER  MAY  ORDER A CORRECTIVE ACTION PLAN,
WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, REQUIREMENTS THAT THE DISTRICT
OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  ARRANGE  FOR  ADDITIONAL
PROFESSIONAL  DEVELOPMENT, PROVIDE ADDITIONAL IN-SERVICE TRAINING AND/OR
UTILIZE INDEPENDENT TRAINED EVALUATORS TO REVIEW  THE  EFFICACY  OF  THE
EVALUATION  SYSTEM,  PROVIDED THAT THE PLAN SHALL BE CONSISTENT WITH LAW
AND NOT IN CONFLICT WITH ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT.
  S 11. This act shall take effect immediately.

                                PART A-2

  Section 1. Section 3012-c of the education law is amended by adding  a
new subdivision 5-a to read as follows:

S. 6257--B                         34                         A. 9057--B

  5-A.  IN  THE  CITY  SCHOOL DISTRICT OF THE CITY OF NEW YORK, NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, THE FOLLOWING SHALL APPLY
TO CLASSROOM TEACHERS:
  A.  A  TEACHER WHO DID NOT RECEIVE AN INEFFECTIVE RATING IN THE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW FOR THE PRIOR SCHOOL YEAR  IS  IN  "YEAR
ONE STATUS".
  B. A TEACHER WHO RECEIVED AN INEFFECTIVE RATING IN THE PREVIOUS SCHOOL
YEAR  IS  IN  "YEAR  TWO STATUS", UNTIL AND UNLESS THAT RATING IS EITHER
CHANGED BY THE PRINCIPAL OR REVERSED ON APPEAL IN  ACCORDANCE  WITH  THE
PROVISIONS  OF THIS SUBDIVISION, OR UNTIL AND UNLESS THE TEACHER REVERTS
TO YEAR ONE STATUS IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  SUBDIVI-
SION.
  C.  A  TEACHER WHO IS RATED INEFFECTIVE FOR A SCHOOL YEAR IN WHICH THE
TEACHER HAS YEAR ONE STATUS SHALL HAVE A RIGHT TO APPEAL THAT RATING  TO
THE  CHANCELLOR  OF  THE  CITY  SCHOOL  DISTRICT, WHO SHALL MAKE A FINAL
DETERMINATION, UNLESS AN APPEAL IS INITIATED  TO  A  THREE-MEMBER  PANEL
SUBJECT TO THE FOLLOWING REQUIREMENTS. THE UNITED FEDERATION OF TEACHERS
(UFT)  MAY  APPEAL TO A THREE-MEMBER PANEL THE INEFFECTIVE RATINGS OF UP
TO THIRTEEN PERCENT OF TEACHERS WHO RECEIVED  SUCH  INEFFECTIVE  RATINGS
FOR  A SCHOOL YEAR.  ANY SUCH APPEAL MAY ONLY BE MADE ON THE GROUND THAT
THE INEFFECTIVE RATING WAS  GIVEN  DUE  TO  HARASSMENT  OR  REASONS  NOT
RELATED  TO  JOB  PERFORMANCE.  THESE APPEALS SHALL BE KNOWN AS A "PANEL
APPEALS". THE THREE-MEMBER PANEL SHALL CONSIST OF A PERSON  SELECTED  BY
THE UFT, A PERSON SELECTED BY THE CHANCELLOR OF THE CITY SCHOOL DISTRICT
AND  AN  INDEPENDENT PERSON, NOT AFFILIATED WITH THE UFT OR THE DISTRICT
AND SELECTED BY THE STATE EDUCATION DEPARTMENT, WHO SHALL BE  THE  CHAIR
OF  THE  PANEL AND CONDUCT THE APPEAL HEARING. IF THE PANEL SUSTAINS THE
APPEAL, THE PRINCIPAL MUST SUBMIT TO THE PANEL A DIFFERENT RATING, WHICH
MUST BE APPROVED BY THE PANEL. ANY INEFFECTIVE RATING THAT  IS  APPEALED
TO  THE  PANEL  MAY NOT BE APPEALED TO THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT.
  D. THE CHANCELLOR OF THE CITY SCHOOL DISTRICT SHALL NOTIFY THE UFT  OF
ALL  INEFFECTIVE RATINGS. EACH SCHOOL YEAR, IF THE UFT IS NOTIFIED OF AN
INEFFECTIVE RATING PRIOR TO OCTOBER FIRST, A PANEL APPEAL OF THAT RATING
MUST BE INITIATED BY THE UFT BY NOVEMBER FIRST, PROVIDED THAT MORE  THAN
THIRTEEN  PERCENT OF THESE RATINGS MAY BE APPEALED TO THE PANEL. THE UFT
AND THE BOARD OF EDUCATION SHALL NEGOTIATE, PURSUANT TO ARTICLE FOURTEEN
OF THE CIVIL SERVICE LAW, A PROCEDURE  FOR  ENSURING  THAT  EACH  SCHOOL
YEAR,  NOT MORE THAN THIRTEEN PERCENT OF THE RATINGS RECEIVED BY THE UFT
AFTER OCTOBER FIRST ARE APPEALED TO THE PANEL.  THE BOARD  OF  EDUCATION
SHALL MAKE ALL REASONABLE EFFORTS TO ISSUE RATINGS AND NOTIFY THE UFT OF
INEFFECTIVE  RATINGS  BY  OCTOBER  FIRST. ANY RATING NOT APPEALED TO THE
PANEL MAY BE APPEALED BY THE INDIVIDUAL TEACHER TO THE CHANCELLOR OF THE
CITY SCHOOL DISTRICT.  APPEALS MADE TO THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT MUST BE FILED WITHIN TEN SCHOOL DAYS AFTER THE UFT WOULD OTHER-
WISE BE REQUIRED TO NOTIFY THE BOARD OF EDUCATION OF A PANEL APPEAL.
  E. FOR ALL TEACHERS IN YEAR TWO STATUS, UNLESS AND UNTIL THE  INEFFEC-
TIVE RATING THEY RECEIVED IN THE PRIOR YEAR IS CHANGED BY A PRINCIPAL OR
OTHERWISE CHANGED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION,
AN  INDEPENDENT  VALIDATOR SHALL BE APPOINTED TO EVALUATE THE TEACHER ON
EACH COMPONENT OF THE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  IN  WHICH
THE  SCORING  OF  THE  COMPONENT  IS AT THE DISCRETION OF THE PRINCIPAL.
THESE COMPONENTS SHALL NOT NECESSARILY BE LIMITED  TO  TEACHER  PERFORM-
ANCE,  BUT  SHALL NOT INCLUDE ANY COMPONENTS IN WHICH THE SCORING OF THE
COMPONENT IS OUTSIDE THE DISCRETION OF THE PRINCIPAL, EVEN IF THE  PRIN-
CIPAL HAS DISCRETION IN A RELATED GOAL-SETTING PROCESS PRIOR TO SCORING.

S. 6257--B                         35                         A. 9057--B

THE  INDEPENDENT  VALIDATOR  SHALL PERFORM THREE OBSERVATIONS DURING THE
COURSE OF THE SCHOOL YEAR.  THE TERMS AND CONDITIONS OF THE OBSERVATIONS
SHALL BE NEGOTIATED PURSUANT TO THE REQUIREMENTS OF ARTICLE FOURTEEN  OF
THE CIVIL SERVICE LAW.
  F.  THE  UFT AND THE BOARD OF EDUCATION SHALL JOINTLY SELECT AN ORGAN-
IZATION OR ORGANIZATIONS  THAT  EMPLOY  CERTIFIED  EDUCATORS,  INCLUDING
TEACHERS,  TO  PERFORM  THE  WORK AS INDEPENDENT VALIDATORS. INDEPENDENT
VALIDATORS SHALL NOT BE EMPLOYED SIMULTANEOUSLY BY THE BOARD  OF  EDUCA-
TION  OR  SIMULTANEOUSLY  HAVE  AN INDIVIDUAL CONTRACT WITH THE BOARD OF
EDUCATION.  SHOULD EITHER THE BOARD OF EDUCATION OR THE UFT  NOTIFY  THE
DEPARTMENT THAT AFTER A GOOD FAITH EFFORT THE BOARD OF EDUCATION AND THE
UFT  ARE  UNABLE TO JOINTLY SELECT ORGANIZATIONS, THE COMMISSIONER SHALL
NAME ORGANIZATIONS SUBJECT TO THE FOLLOWING REQUIREMENTS. THE  BOARD  OF
EDUCATION  SHALL  SET  FORTH  A  REQUIRED  NUMBER OF VALIDATORS, AND THE
COMMISSIONER SHALL NAME ORGANIZATIONS THAT CAN  PROVIDE  AT  LEAST  THIS
NUMBER  OF VALIDATORS WHOM THE COMMISSIONER DEEMS QUALIFIED. THE COMMIS-
SIONER SHALL NAME ORGANIZATIONS BASED ON THE CRITERIA SET FORTH IN  THIS
SUBDIVISION  THAT APPLY TO THE MUTUAL SELECTION PROCESS FOR THE BOARD OF
EDUCATION AND THE UFT AND SHALL ALSO  CONSIDER  POTENTIAL  CONFLICTS  OF
INTEREST.
  G. IN AN INSTANCE IN WHICH THE INDEPENDENT VALIDATOR DOES NOT COMPLETE
THE  REVIEW PROCESS DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE BOARD
OF EDUCATION, THE TEACHER SHALL REMAIN IN YEAR TWO STATUS THE  FOLLOWING
SCHOOL  YEAR.   SHOULD THE INDEPENDENT VALIDATOR NOT COMPLETE THE REVIEW
PROCESS FOR A SECOND CONSECUTIVE SCHOOL YEAR AND FOR ANY REASON  IN  THE
SECOND  YEAR FOR OTHER THAN A LEAVE OF ABSENCE OR CHRONIC ABSENCE ON THE
PART OF THE TEACHER, THE TEACHER SHALL RETURN TO  YEAR  ONE  STATUS  THE
FOLLOWING SCHOOL YEAR.
  H.  AN  INDEPENDENT  VALIDATOR SHALL BE DEEMED TO HAVE AGREED WITH THE
PRINCIPAL WHEN AN INDEPENDENT VALIDATOR'S SCORING, IN  CONJUNCTION  WITH
THE  SCORING  OF COMPONENTS NOT REVIEWED BY THE INDEPENDENT VALIDATOR IN
ACCORDANCE WITH THIS SUBDIVISION, WOULD RESULT IN A RATING IN  THE  SAME
CATEGORY ON THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW THAN WOULD RESULT
FROM THE PRINCIPAL'S RATING.
  I. FOR PURPOSES OF THIS SUBDIVISION, AN INDEPENDENT VALIDATOR SHALL BE
DEEMED  TO  HAVE  DISAGREED  WITH  THE  PRINCIPAL  WHEN  AN  INDEPENDENT
VALIDATOR'S SCORING, IN CONJUNCTION WITH THE SCORING OF  COMPONENTS  NOT
REVIEWED  BY  THE INDEPENDENT VALIDATOR IN ACCORDANCE WITH THIS SUBDIVI-
SION, WOULD RESULT IN A RATING IN A DIFFERENT  CATEGORY  ON  THE  ANNUAL
PROFESSIONAL  PERFORMANCE  REVIEW THAN WOULD RESULT FROM THE PRINCIPAL'S
RATING.
  J. IF A TEACHER RECEIVES AN INEFFECTIVE RATING FOR A  SCHOOL  YEAR  IN
WHICH  THE  TEACHER  IS IN YEAR TWO STATUS AND THE INDEPENDENT VALIDATOR
AGREES, THE DISTRICT MAY BRING A PROCEEDING PURSUANT TO  SECTIONS  THREE
THOUSAND  TWENTY  AND THREE THOUSAND TWENTY-A OF THIS ARTICLE BASED ON A
PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE.  IN SUCH PROCEEDING, THE
CHARGES SHALL ALLEGE THAT THE EMPLOYING BOARD HAS DEVELOPED AND SUBSTAN-
TIALLY IMPLEMENTED A TEACHER IMPROVEMENT PLAN IN ACCORDANCE WITH  SUBDI-
VISION  FOUR  OF  THIS SECTION FOR THE EMPLOYEE FOLLOWING THE EVALUATION
MADE FOR THE YEAR IN WHICH THE EMPLOYEE WAS IN YEAR ONE STATUS  AND  WAS
RATED  INEFFECTIVE.  THE  PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE
SHALL GIVE RISE TO A REBUTTABLE PRESUMPTION OF INCOMPETENCE AND  IF  THE
PRESUMPTION  IS  NOT SUCCESSFULLY REBUTTED, THE FINDING, ABSENT EXTRAOR-
DINARY CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL.  IN  THESE  HEAR-
INGS, THE TEACHER SHALL HAVE UP TO THREE DAYS TO PRESENT HIS OR HER CASE
FOR  EVERY ONE DAY USED BY THE DISTRICT TO PRESENT ITS CASE. THE HEARING

S. 6257--B                         36                         A. 9057--B

OFFICER SHALL RENDER A WRITTEN DECISION WITHIN TEN DAYS OF THE LAST  DAY
OF THE HEARING.
  K. IF THE TEACHER RECEIVES AN INEFFECTIVE RATING BY THE PRINCIPAL IN A
SCHOOL  YEAR  IN  WHICH  THEY ARE IN YEAR TWO STATUS AND THE INDEPENDENT
VALIDATOR DISAGREES, THE INEFFECTIVE RATING REMAINS BUT THE DISTRICT MAY
NOT BRING PROCEEDING BASED ON  A  PATTERN  OF  INEFFECTIVE  TEACHING  OR
PERFORMANCE,  AS  DEFINED IN THIS SECTION, PROVIDED HOWEVER THAT NOTHING
IN THIS SECTION SHALL PREVENT THE BOARD OF  EDUCATION  FROM  CHARGING  A
TEACHER  BASED  ON INCOMPETENCE AND ENTERING THE PRINCIPAL'S EVALUATIONS
INTO EVIDENCE.
  L. IF UPON THE COMPLETION OF A  HEARING  PURSUANT  TO  SECTIONS  THREE
THOUSAND  TWENTY  AND  THREE  THOUSAND  TWENTY-A  OF THIS ARTICLE, BASED
EITHER ON A PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE OR CHARGES OF
INCOMPETENCE IN WHICH YEAR ONE OR YEAR TWO EVALUATIONS WERE ENTERED INTO
EVIDENCE, AND A HEARING  OFFICER  FINDS  THE  TEACHER  INCOMPETENT,  BUT
DECIDES NOT TO TERMINATE, THE TEACHER REMAINS IN YEAR TWO STATUS FOR THE
SCHOOL  YEAR  IN PROGRESS OR THE FOLLOWING SCHOOL YEAR IF THE FINDING IS
MADE IN BETWEEN SCHOOL YEARS. IF UPON THE COMPLETION OF THE HEARING, THE
HEARING OFFICER EXONERATES THE TEACHER OF CHARGES  OF  INCOMPETENCE  THE
TEACHER  SHALL  REVERT TO YEAR ONE STATUS IF IN THE MIDDLE OF THE SCHOOL
YEAR OR AT THE BEGINNING OF THE FOLLOWING SCHOOL YEAR IF THE FINDING  IS
MADE IN BETWEEN SCHOOL YEARS.
  M.  IF  THE  TEACHER RECEIVES AN INEFFECTIVE RATING IN YEAR TWO BY THE
PRINCIPAL AND THE VALIDATOR AGREES, AND THE DISTRICT DOES NOT  BRING  AN
EXPEDITED  PROCEEDING  PURSUANT  TO  SECTIONS  THREE THOUSAND TWENTY AND
THREE THOUSAND TWENTY-A OF THIS ARTICLE, THE TEACHER MAY APPEAL THE YEAR
TWO INEFFECTIVE RATING TO THE CHANCELLOR OF THE  CITY  SCHOOL  DISTRICT,
WHO  SHALL  MAKE  A  FINAL  DETERMINATION.  IF THE RATING IS UPHELD, THE
TEACHER SHALL REMAIN IN YEAR TWO STATUS FOR THE SUBSEQUENT SCHOOL  YEAR,
BUT  IF  FOLLOWING  THAT  YEAR  THE  TEACHER IS NOT CHARGED, THE TEACHER
REVERTS TO YEAR ONE STATUS FOR THE NEXT SCHOOL YEAR.
  N. A PROCESS SHALL BE ESTABLISHED TO EVALUATE THE EFFECTIVENESS OF THE
SPECIFIC PROCEDURES ESTABLISHED IN THIS SUBDIVISION AFTER TWO YEARS FROM
THE EFFECTIVE DATE OF THIS SUBDIVISION, PROVIDED HOWEVER THAT A  FAILURE
OR   DELAY  IN  ESTABLISHING  THAT  PROCESS  SHALL  NOT  INVALIDATE  ANY
PROVISIONS OF THIS SUBDIVISION.
  O. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
BOARD OF EDUCATION AND THE UFT MAY ALTER ANY PROVISIONS OF THIS SUBDIVI-
SION THROUGH COLLECTIVE BARGAINING.
  S  2. (a) The appeals process will go into effect on January 16, 2013,
unless the city school district of the city of New York  enters  into  a
collectively bargained teacher evaluation and appeals plan in conformity
with  section  3012-c  of the education law and with the approval of the
commissioner of education.
  (b) The chancellor of the District shall notify the  legislative  bill
drafting  commission  upon  the occurrence of the events provided for in
subdivision (a) of this section in order that the commission  may  main-
tain  an accurate and timely effective data base of the official text of
the laws of the state of New York in  furtherance  of  effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

                                 PART B

  Section 1. Section 3020-a of the education law, as amended by  chapter
691  of  the  laws of 1994, paragraph (b) of subdivision 2 as separately

S. 6257--B                         37                         A. 9057--B

amended by chapters 296 and 325 of the laws of 2008,  paragraph  (c)  of
subdivision  2  and paragraph a of subdivision 3 as amended and subpara-
graph (i-a) of paragraph c of subdivision 3 as added by chapter  103  of
the laws of 2010, is amended to read as follows:
  S 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
All charges against a person enjoying the benefits of tenure as provided
in  subdivision  three of section [one thousand one] ELEVEN hundred two,
and sections [two thousand five] TWENTY-FIVE hundred nine, [two thousand
five] TWENTY-FIVE hundred seventy-three, twenty-five  hundred  ninety-j,
three  thousand twelve and three thousand fourteen of this chapter shall
be in writing and filed with  the  clerk  or  secretary  of  the  school
district or employing board during the period between the actual opening
and  closing  of  the  school  year  for  which the employed is normally
required to serve. Except as provided in subdivision  eight  of  section
[two  thousand  five]  TWENTY-FIVE hundred seventy-three and subdivision
seven of section twenty-five hundred ninety-j of this chapter, no charg-
es under this section shall be brought more than three years  after  the
occurrence  of  the  alleged incompetency or misconduct, except when the
charge is of misconduct constituting a crime when committed.
  2. [(a)] Disposition of charges. A. Upon receipt of the  charges,  the
clerk or secretary of the school district or employing board shall imme-
diately  notify  said  board  thereof. Within five days after receipt of
charges, the employing board, in executive session, shall determine,  by
a  vote of a majority of all the members of such board, whether probable
cause exists to bring a  disciplinary  proceeding  against  an  employee
pursuant  to this section. If such determination is affirmative, a writ-
ten statement specifying (I) the charges in  detail,  (II)  the  maximum
penalty  which  will  be  imposed  by the board if the employee does not
request a hearing or that will be sought by the board if the employee is
found guilty of the charges after a hearing, (III) THE RESPONSIBILITY OF
THE EMPLOYEE OR THE EMPLOYEE'S COLLECTIVE BARGAINING UNIT,  AS  APPLICA-
BLE,  TO  PAY A SHARE OF HEARING COSTS UNDER THE CIRCUMSTANCES SET FORTH
IN PARAGRAPHS B AND C OF SUBDIVISION THREE OF THIS SECTION, and [outlin-
ing] (IV) the employee's rights under this section, shall be immediately
forwarded to the accused  employee  by  certified  or  registered  mail,
return receipt requested or by personal delivery to the employee.
  [(b)] B. The employee may be suspended pending a hearing on the charg-
es  and  the  final  determination thereof. The suspension shall be with
pay, except the employee may be suspended without pay  if  the  employee
has  entered  a  guilty  plea to or has been convicted of a felony crime
concerning the criminal sale or possession of a controlled substance,  a
precursor of a controlled substance, or drug paraphernalia as defined in
article  two  hundred twenty or two hundred twenty-one of the penal law;
or a felony crime involving the physical abuse of a  minor  or  student.
The  employee  shall be terminated without a hearing, as provided for in
this section, upon conviction of a sex offense, as defined  in  subpara-
graph two of paragraph b of subdivision seven-a of section three hundred
five of this chapter.  To the extent this section applies to an employee
acting  as  a school administrator or supervisor, as defined in subpara-
graph three of paragraph b  of  subdivision  seven-b  of  section  three
hundred  five of this chapter, such employee shall be terminated without
a hearing, as provided for in this section, upon conviction of a  felony
offense  defined  in  subparagraph  two  of  paragraph  b of subdivision
seven-b of section three hundred five of this chapter.
  [(c)] C. Within ten days of receipt of the statement of  charges,  the
employee  shall  notify the clerk or secretary of the employing board in

S. 6257--B                         38                         A. 9057--B

writing whether he or she desires a hearing on the charges and when  the
charges concern pedagogical incompetence or issues involving pedagogical
judgment,  his  or  her  choice  of either a single hearing officer or a
three  member  panel,  provided  that  a three member panel shall not be
available where the charges concern pedagogical incompetence based sole-
ly upon a teacher's or principal's pattern of  ineffective  teaching  or
performance  as defined in section three thousand twelve-c of this arti-
cle. All other charges shall be heard by a single hearing officer.
  [(d)] D. The unexcused failure of the employee to notify the clerk  or
secretary  of  his  or  her  desire for a hearing within ten days of the
receipt of charges shall be deemed a waiver of the right to  a  hearing.
Where  an employee requests a hearing in the manner provided for by this
section, the clerk or secretary of the board shall, within three working
days of receipt of the employee's notice or request for a hearing, noti-
fy the commissioner [of education] of the need for  a  hearing.  If  the
employee  waives his or her right to a hearing the employing board shall
proceed, within fifteen days, by a vote of a majority of all members  of
such  board,  to  determine  the case and fix the penalty, if any, to be
imposed in accordance with subdivision four of this section.
  3. Hearings.  a. Notice of hearing. Upon receipt of a  request  for  a
hearing  in accordance with subdivision two of this section, the commis-
sioner shall  forthwith  notify  the  American  Arbitration  Association
(hereinafter  "association") of the need for a hearing and shall request
the association to provide to the commissioner forthwith a list of names
of persons chosen by the association from  the  association's  panel  of
labor arbitrators to potentially serve as hearing officers together with
relevant  biographical  information  on each arbitrator. Upon receipt of
said list and biographical information, the commissioner shall forthwith
send a copy of both  simultaneously  to  the  employing  board  and  the
employee.  The  commissioner  shall  also simultaneously notify both the
employing board and the employee of  each  potential  hearing  officer's
record  in  the  last  five  cases of commencing and completing hearings
within the time periods prescribed in this section.
  b. (i) Hearing officers. All hearings pursuant to this  section  shall
be conducted before and by a single hearing officer selected as provided
for  in  this  section. A hearing officer shall not be eligible to serve
[as such] IN SUCH POSITION if he or she is  a  resident  of  the  school
district, other than the city of New York, under the jurisdiction of the
employing  board,  an employee, agent or representative of the employing
board or of  any  labor  organization  representing  employees  of  such
employing  board,  has served as such agent or representative within two
years of the date of the scheduled hearing, or if  he  or  she  is  then
serving as a mediator or fact finder in the same school district.
  (A) Notwithstanding any other provision of law, FOR HEARINGS COMMENCED
BY  THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE, the
hearing officer shall be compensated by the department with the  custom-
ary  fee  paid  for  service  as an arbitrator under the auspices of the
association for each day of actual service  plus  necessary  travel  and
other  reasonable  expenses  incurred  in  the performance of his or her
duties. All other expenses of the disciplinary proceedings COMMENCED  BY
THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE shall be
paid in accordance with rules promulgated by the commissioner [of educa-
tion].    CLAIMS  FOR  SUCH  COMPENSATION FOR DAYS OF ACTUAL SERVICE AND
REIMBURSEMENT FOR NECESSARY  TRAVEL  AND  OTHER  EXPENSES  FOR  HEARINGS
COMMENCED  BY  THE  FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND
TWELVE SHALL BE PAID FROM AN APPROPRIATION FOR SUCH PURPOSE IN THE ORDER

S. 6257--B                         39                         A. 9057--B

IN WHICH THEY HAVE  BEEN  APPROVED  BY  THE  COMMISSIONER  FOR  PAYMENT,
PROVIDED PAYMENT SHALL FIRST BE MADE FOR ANY OTHER HEARING COSTS PAYABLE
BY THE COMMISSIONER, INCLUDING THE COSTS OF TRANSCRIBING THE RECORD, AND
PROVIDED FURTHER THAT NO SUCH CLAIM SHALL BE SET ASIDE FOR INSUFFICIENCY
OF FUNDS TO MAKE A COMPLETE PAYMENT, BUT SHALL BE ELIGIBLE FOR A PARTIAL
PAYMENT IN ONE YEAR AND SHALL RETAIN ITS PRIORITY DATE STATUS FOR APPRO-
PRIATIONS DESIGNATED FOR SUCH PURPOSE IN FUTURE YEARS.
  (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR HEARINGS COMMENCED BY THE  FILING  OF  CHARGES  ON  OR
AFTER  APRIL  FIRST,  TWO  THOUSAND TWELVE, THE HEARING OFFICER SHALL BE
COMPENSATED FOR HIS OR HER ACTUAL  HOURS  OF  SERVICE  RENDERED  IN  THE
PERFORMANCE  OF  HIS OR HER DUTIES AS A HEARING OFFICER, PLUS ANY NECES-
SARY TRAVEL OR OTHER EXPENSES INCURRED IN THE PERFORMANCE OF SUCH DUTIES
IN ACCORDANCE WITH THE PROVISIONS OF THIS CLAUSE AND CLAUSE (C) OF  THIS
SUBPARAGRAPH.  THE  COMMISSIONER  SHALL  ESTABLISH MAXIMUM RATES FOR THE
COMPENSATION OF HEARING OFFICERS AND LIMITATIONS ON THE NUMBER OF  STUDY
HOURS THAT MAY BE CLAIMED.
  (C)  THE  COSTS  OF  COMPENSATING HEARING OFFICERS FOR ACTUAL HOURS OF
SERVICE, PLUS ANY NECESSARY TRAVEL AND OTHER EXPENSES  INCURRED  IN  THE
PERFORMANCE OF SUCH DUTIES IN ACCORDANCE WITH CLAUSE (B) OF THIS SUBPAR-
AGRAPH  AND THE REGULATIONS OF THE COMMISSIONER SHALL BE DIVIDED EQUALLY
BETWEEN THE EMPLOYING BOARD AND THE EMPLOYEE'S BARGAINING AGENT  OR  THE
EMPLOYEE  IF NOT REPRESENTED BY A BARGAINING UNIT. UPON VERIFICATION AND
APPROVAL BY THE EMPLOYING BOARD  AND  THE  EMPLOYEE  OR  THE  EMPLOYEE'S
BARGAINING AGENT FOLLOWING COMPLETION OF THE HEARING, CLAIMS FOR PAYMENT
FOR SUCH SERVICES SHALL BE SUBMITTED TO THE RESPONSIBLE PARTIES.
  (ii)  Not later than ten days after the date the commissioner mails to
the employing board and the employee the list of potential hearing offi-
cers and biographies provided to the commissioner  by  the  association,
the  employing  board  and  the  employee, individually or through their
agents or representatives, shall by mutual agreement  select  a  hearing
officer  from  said  list  to  conduct  the hearing and shall notify the
commissioner of their selection.
  (iii) If the employing board and the employee  fail  to  agree  on  an
arbitrator  to  serve  as a hearing officer from said list and so notify
the commissioner within ten days  after  receiving  the  list  from  the
commissioner,  the commissioner shall request the association to appoint
a hearing officer from said list.
  (iv) In those cases in which the employee elects to have  the  charges
heard by a hearing panel, the hearing panel shall consist of the hearing
officer,  selected  in  accordance  with this subdivision, and two addi-
tional persons, one selected by the employee and  one  selected  by  the
employing  board, from a list maintained for such purpose by the commis-
sioner [of education].  The  list  shall  be  composed  of  professional
personnel  with  administrative  or  supervisory responsibility, profes-
sional personnel without administrative or  supervisory  responsibility,
chief  school  administrators,  members  of  employing boards and others
selected from lists of nominees submitted to the commissioner by  state-
wide  organizations  representing  teachers,  school  administrators and
supervisors and the employing boards. Hearing panel members  other  than
the  hearing  officer  shall be compensated [by the department of educa-
tion] at the rate of one hundred dollars for each day of actual  service
[plus]  AND  SHALL  BE  REIMBURSED  FOR necessary travel and subsistence
expenses IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CLAUSE  (A)  OR
CLAUSE  (C)  OF  SUBPARAGRAPH (I) OF THIS PARAGRAPH. The hearing officer

S. 6257--B                         40                         A. 9057--B

shall be compensated as set forth in this subdivision. The hearing offi-
cer shall be the [chairman] CHAIRPERSON of the hearing panel.
  c.  Hearing  procedures. (i) (A) The commissioner [of education] shall
have the power to establish  necessary  rules  and  procedures  for  the
conduct  of  hearings  under this section WHICH, FOR HEARINGS OTHER THAN
EXPEDITED HEARINGS PURSUANT TO SUBPARAGRAPH  (I-A)  OF  THIS  PARAGRAPH,
SHALL  INCLUDE  SPECIFIC  TIMELINE REQUIREMENTS FOR CONDUCTING A HEARING
AND FOR RENDERING A FINAL DECISION.
  (B) THE DEPARTMENT SHALL BE AUTHORIZED TO MONITOR  AND  INVESTIGATE  A
HEARING  OFFICER'S  COMPLIANCE  WITH SUCH TIMELINES, AS SET FORTH IN THE
REGULATIONS OF THE COMMISSIONER. THE COMMISSIONER SHALL ANNUALLY  INFORM
ALL  HEARING  OFFICERS  WHO  HAVE  HEARD  CASES PURSUANT TO THIS SECTION
DURING THE PRECEDING YEAR THAT THE TIME PERIODS PRESCRIBED IN THE  REGU-
LATIONS  OF  THE  COMMISSIONER  FOR  CONDUCTING  SUCH HEARINGS ARE TO BE
STRICTLY FOLLOWED.   A RECORD  OF  CONTINUED  FAILURE  TO  COMMENCE  AND
COMPLETE  HEARINGS WITHIN THE TIME PERIODS PRESCRIBED IN THE REGULATIONS
AUTHORIZED BY THIS SUBPARAGRAPH SHALL  BE  CONSIDERED  GROUNDS  FOR  THE
COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE LIST OF POTENTIAL HEAR-
ING OFFICERS SENT TO THE EMPLOYING BOARD AND THE EMPLOYEE FOR SUCH HEAR-
INGS.
  (C)  Such  rules  shall not require compliance with technical rules of
evidence. Hearings shall be conducted by the  hearing  officer  selected
pursuant  to  paragraph b of this subdivision with full and fair disclo-
sure of the nature of the case and evidence against the employee by  the
employing  board and shall be public or private at the discretion of the
employee. The employee shall have a  reasonable  opportunity  to  defend
himself  or  herself  and  an  opportunity  to testify in his or her own
behalf. The employee shall not be required to testify. Each party  shall
have  the right to be represented by counsel, to subpoena witnesses, and
to cross-examine witnesses. All testimony  taken  shall  be  under  oath
which the hearing officer is hereby authorized to administer.
  [A] (D) FOR HEARINGS COMMENCED BY THE FILING OF CHARGES PRIOR TO APRIL
FIRST,  TWO THOUSAND TWELVE, A competent stenographer, designated by the
commissioner [of education] and compensated  by  the  [state  education]
department,  shall  keep  and  transcribe a record of the proceedings at
each such hearing. A copy of the transcript of the hearings shall,  upon
request,  be  furnished  without charge to the employee and the board of
education involved.
  (E) HEARINGS COMMENCED BY THE FILING OF  CHARGES  ON  OR  AFTER  APRIL
FIRST,  TWO  THOUSAND TWELVE, SHALL NOT BE RECORDED BY A STENOGRAPHER OR
ANY OTHER RECORDING MECHANISM UNLESS BOTH PARTIES  AGREE  PRIOR  TO  THE
COMMENCEMENT  OF  THE DISCIPLINARY HEARING. THE PARTY REQUESTING A TRAN-
SCRIPT OR RECORDING AT A DISCIPLINARY HEARING MAY PROVIDE FOR ONE AT ITS
OWN EXPENSE AND SHALL PROVIDE A COPY TO THE  ARBITRATOR  AND  THE  OTHER
PARTY  UNLESS BOTH PARTIES AGREE TO SHARE THE COST OF SUCH TRANSCRIPT OR
RECORDING. THE USE OF A TRANSCRIPT CANNOT DELAY THE  HEARING  AND  SHALL
NOT EXTEND THE DATE THE HEARING IS CLOSED.
  (i-a)(A) Where charges of incompetence are brought based solely upon a
pattern of ineffective teaching or performance of a classroom teacher or
principal,  as  defined in section three thousand twelve-c of this arti-
cle, the hearing shall be conducted before and by a single hearing offi-
cer in an expedited hearing, which  shall  commence  within  seven  days
after  the  pre-hearing  conference  and shall be completed within sixty
days after the pre-hearing conference. The hearing officer shall  estab-
lish a hearing schedule at the pre-hearing conference to ensure that the
expedited  hearing  is  completed  within the required timeframes and to

S. 6257--B                         41                         A. 9057--B

ensure an equitable distribution of days between the employing board and
the charged employee. Notwithstanding any other law, rule or  regulation
to  the  contrary,  no adjournments may be granted that would extend the
hearing  beyond  such  sixty days, except as authorized in this subpara-
graph. A hearing officer, upon request, may grant  a  limited  and  time
specific  adjournment  that  would  extend the hearing beyond such sixty
days if the hearing officer determines that the delay is attributable to
a circumstance or occurrence substantially beyond  the  control  of  the
requesting  party  and an injustice would result if the adjournment were
not granted.
  (B) Such charges shall allege that the employing board  has  developed
and substantially implemented a teacher or principal improvement plan in
accordance  with  subdivision four of section three thousand twelve-c of
this article for the employee following the first  evaluation  in  which
the employee was rated ineffective, and the immediately preceding evalu-
ation  if  the  employee was rated developing. Notwithstanding any other
provision of law to the contrary, a pattern of ineffective  teaching  or
performance  as defined in section three thousand twelve-c of this arti-
cle shall constitute  very  significant  evidence  of  incompetence  for
purposes  of  this  section.  Nothing  in  this  subparagraph  shall  be
construed to limit the defenses which the employee may place before  the
hearing  officer  in challenging the allegation of a pattern of ineffec-
tive teaching or performance.
  (C) The commissioner shall annually inform all  hearing  officers  who
have heard cases pursuant to this section during the preceding year that
the  time  periods  prescribed in this subparagraph for conducting expe-
dited hearings are to be strictly followed. A record of continued  fail-
ure  to commence and complete expedited hearings within the time periods
prescribed in this subparagraph shall  be  considered  grounds  for  the
commissioner to exclude such individual from the list of potential hear-
ing officers sent to the employing board and the employee for such expe-
dited hearings.
  (ii)  The  hearing  officer  selected  to conduct a hearing under this
section shall, within ten to fifteen days of agreeing to serve [as such]
IN SUCH POSITION, hold a pre-hearing conference which shall be  held  in
the school district or county seat of the county, or any county, wherein
the  employing school board is located. The pre-hearing conference shall
be limited in length to one day except that the hearing officer, in  his
or her discretion, may allow one additional day for good cause shown.
  (iii) At the pre-hearing conference the hearing officer shall have the
power to:
  (A) issue subpoenas;
  (B)  hear and decide all motions, including but not limited to motions
to dismiss the charges;
  (C) hear and decide  all  applications  for  bills  of  particular  or
requests  for production of materials or information, including, but not
limited to, any witness statement (or statements), investigatory  state-
ment  (or statements) or note (notes), exculpatory evidence or any other
evidence, including district or student records, relevant  and  material
to the employee's defense.
  (iv) Any pre-hearing motion or application relative to the sufficiency
of  the  charges,  application  or amendment thereof, or any preliminary
matters shall be made upon written notice to the hearing officer and the
adverse party no less than five days prior to the date of the  pre-hear-
ing  conference.  Any  pre-hearing  motions  or applications not made as

S. 6257--B                         42                         A. 9057--B

provided for herein shall be deemed waived  except  for  good  cause  as
determined by the hearing officer.
  (v)  In  the  event  that  at the pre-hearing conference the employing
board presents evidence that the professional license  of  the  employee
has  been revoked and all judicial and administrative remedies have been
exhausted or foreclosed, the hearing officer shall  schedule  the  date,
time  and  place  for an expedited hearing, which hearing shall commence
not more than seven days after  the  pre-hearing  conference  and  which
shall  be limited to one day. The expedited hearing shall be held in the
local school district or county seat of the county or any county, where-
in the said employing board is located. The expedited hearing shall  not
be  postponed  except upon the request of a party and then only for good
cause as determined by the hearing officer. At such hearing, each  party
shall have equal time in which to present its case.
  (vi)  During  the  pre-hearing  conference,  the hearing officer shall
determine the reasonable amount of time necessary for a final hearing on
the charge or charges and  shall  schedule  the  location,  time(s)  and
date(s)  for  the  final hearing. The final hearing shall be held in the
local school district or county seat of the county, or any county, wher-
ein the said employing school board is located. In the  event  that  the
hearing  officer  determines  that  the  nature of the case requires the
final hearing to last more than one day, the days that are scheduled for
the final hearing shall be consecutive. The day or  days  scheduled  for
the  final  hearing  shall not be postponed except upon the request of a
party and then only for good cause shown as determined  by  the  hearing
officer.  In  all  cases,  the final hearing shall be completed no later
than sixty days after the  pre-hearing  conference  unless  the  hearing
officer  determines  that  extraordinary circumstances warrant a limited
extension.
  D. LIMITATION ON CLAIMS. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
RULE  OR  REGULATION  TO  THE CONTRARY, NO PAYMENTS SHALL BE MADE BY THE
DEPARTMENT PURSUANT TO THIS SUBDIVISION ON OR  AFTER  APRIL  FIRST,  TWO
THOUSAND  TWELVE  FOR:  (I) COMPENSATION OF A HEARING OFFICER OR HEARING
PANEL MEMBER, (II) REIMBURSEMENT  OF  SUCH  HEARING  OFFICERS  OR  PANEL
MEMBERS  FOR  NECESSARY  TRAVEL  OR  OTHER EXPENSES INCURRED BY THEM, OR
(III) FOR OTHER HEARING EXPENSES ON A CLAIM  SUBMITTED  LATER  THAN  ONE
YEAR  AFTER THE FINAL DISPOSITION OF THE HEARING BY ANY MEANS, INCLUDING
SETTLEMENT, OR WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARA-
GRAPH, WHICHEVER IS LATER; PROVIDED THAT NO PAYMENT SHALL BE  BARRED  OR
REDUCED  WHERE  SUCH PAYMENT IS REQUIRED AS A RESULT OF A COURT ORDER OR
JUDGMENT OR A FINAL AUDIT.
  4. Post hearing procedures. [(a)] A. The hearing officer shall  render
a written decision within thirty days of the last day of the final hear-
ing,  or  in  the  case  of an expedited hearing within ten days of such
expedited hearing, and shall [forthwith] forward a copy thereof  to  the
commissioner  [of education] who shall immediately forward copies of the
decision to the employee and to the clerk or secretary of the  employing
board. The written decision shall include the hearing officer's findings
of  fact  on  each  charge,  his  or her conclusions with regard to each
charge based on said findings and shall  state  what  penalty  or  other
action, if any, shall be taken by the employing board. At the request of
the employee, in determining what, if any, penalty or other action shall
be  imposed,  the hearing officer shall consider the extent to which the
employing board made efforts towards  correcting  the  behavior  of  the
employee  which  resulted  in  charges  being brought under this section
through means including but not limited  to:  remediation,  peer  inter-

S. 6257--B                         43                         A. 9057--B

vention  or  an employee assistance plan. In those cases where a penalty
is imposed, such penalty may be a written reprimand, a fine,  suspension
for a fixed time without pay, or dismissal. In addition to or in lieu of
the aforementioned penalties, the hearing officer, where he or she deems
appropriate,  may impose upon the employee remedial action including but
not limited to leaves of absence with or without pay, continuing  educa-
tion  and/or  study,  a requirement that the employee seek counseling or
medical treatment or that the employee engage in any other  remedial  or
combination of remedial actions.
  [(b)] B. Within fifteen days of receipt of the hearing officer's deci-
sion  the  employing board shall implement the decision. If the employee
is acquitted he or she shall be restored to his  or  her  position  with
full  pay  for  any  period  of  suspension  without pay and the charges
expunged from the employment record. If an employee who was convicted of
a felony crime specified in paragraph [(b)] B of subdivision two of this
section, has said conviction reversed, the employee,  upon  application,
shall  be entitled to have his OR HER pay and other emoluments restored,
for the period from the date of his OR HER suspension to the date of the
decision.
  [(c)] C. The hearing officer shall indicate in  the  decision  whether
any  of  the  charges  brought  by the employing board were frivolous as
defined in section [eight thousand three] EIGHTY-THREE  hundred  three-a
of  the  civil practice law and rules. If the hearing [officers] OFFICER
finds that all of the charges brought against the employee  were  frivo-
lous,  the  hearing officer shall order the employing board to reimburse
the [state education] department the reasonable  costs  said  department
incurred as a result of the proceeding and to reimburse the employee the
reasonable  costs,  including  but  not limited to reasonable attorneys'
fees, the employee incurred in defending the  charges.  If  the  hearing
officer  finds  that some but not all of the charges brought against the
employee were frivolous, the hearing officer shall order  the  employing
board  to  reimburse  the [state education] department a portion, in the
discretion of the hearing officer, of the reasonable costs said  depart-
ment incurred as a result of the proceeding and to reimburse the employ-
ee  a  portion, in the discretion of the hearing officer, of the reason-
able costs, including but not limited to reasonable attorneys' fees, the
employee incurred in defending the charges.
  5. Appeal. A. Not later than ten days after  receipt  of  the  hearing
officer's  decision,  the  employee  or  the employing board may make an
application to the New York state supreme court to vacate or modify  the
decision  of  the  hearing  officer  pursuant to section [seven thousand
five] SEVENTY-FIVE hundred eleven of the civil practice law  and  rules.
The  court's  review  shall  be limited to the grounds set forth in such
section. The hearing panel's determination shall be deemed to  be  final
for the purpose of such proceeding.
  B.  In no case shall the filing or the pendency of an appeal delay the
implementation of the decision of the hearing officer.
  S 2. This act shall take effect immediately, except that if  this  act
shall  have  become  a law on or after April 1, 2012 this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect on and after April 1, 2012.

                                 PART C

  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

S. 6257--B                         44                         A. 9057--B

part  S  of  chapter  58  of  the  laws  of 2011, are amended to read as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least [$130.00] $135.00 for each month beginning on or after
January first, two thousand [eleven] TWELVE.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to at least [$150.00] $155.00 for each month beginning on
or after January first, two thousand [eleven] TWELVE.
  (c) in the case of  each  individual  receiving  enhanced  residential
care,  an  amount  equal  to  at  least [$178.00] $184.00 for each month
beginning on or after January first, two thousand [eleven] TWELVE.
  (d) for the period commencing January  first,  two  thousand  [twelve]
THIRTEEN,  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  [twelve]  THIRTEEN,  but prior to June thirtieth, two thousand
[twelve] THIRTEEN, 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
S of chapter 58 of the laws of 2011, are amended to read as follows:
  (a) On and after January first, two thousand [eleven] TWELVE,  for  an
eligible individual living alone, [$761.00] $785.00; and for an eligible
couple living alone, [$1115.00] $1152.00.
  (b)  On  and after January first, two thousand [eleven] TWELVE, for an
eligible individual living with others with or without  in-kind  income,
[$697.00] $721.00; and for an eligible couple living with others with or
without in-kind income, [$1057.00] $1094.00.
  (c)  On and after January first, two thousand [eleven] TWELVE, (i) for
an eligible individual receiving family care, [$940.48] $964.48 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 individ-
ual  receiving  such  care  in  any other county in the state, [$902.48]
$926.48; and (iv) for an eligible couple  receiving  such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (d) On and after January first, two thousand [eleven] TWELVE, (i)  for
an  eligible  individual receiving residential care, [$1109.00] $1133.00
if he or she is receiving such care in the city of New York or the coun-
ty 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
individual  receiving  such  care  in  any  other  county  in the state,
[$1079.00] $1103.00; 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 [eleven] TWELVE, for
an eligible individual receiving enhanced residential  care,  [$1368.00]

S. 6257--B                         45                         A. 9057--B

$1392.00; and (ii) for an eligible couple receiving enhanced residential
care,  two  times the amount set forth in subparagraph (i) of this para-
graph.
  (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 [twelve] THIRTEEN but
prior to June thirtieth, two thousand [twelve] THIRTEEN.
  S 3. This act shall take effect July 1, 2012.

                                 PART D

  Section 1. Paragraph (a-3) of subdivision 2 of section  131-a  of  the
social  services law, as amended by section 2 of part U of chapter 58 of
the laws of 2011, is amended and a new paragraph (a-4) is added to  read
as follows:
  (a-3)  For  the  period  beginning July first, two thousand twelve and
[thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, the following
schedule shall be the standard of monthly need for determining eligibil-
ity 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]
    $150        $239        $317        $409        $505        $583
  For  each  additional  person in the household there shall be added an
additional amount of [eighty-four] EIGHTY dollars monthly.
  (A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND  THIRTEEN  AND
THEREAFTER,  THE  FOLLOWING  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        $336        $433        $534        $617
  FOR  EACH  ADDITIONAL  PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
  S 2. Paragraph (a-3) of subdivision 3 of section 131-a of  the  social
services  law,  as  amended  by section 4 of part U of chapter 58 of the
laws of 2011, is amended and a new paragraph (a-4) is added to  read  as
follows:
  (a-3)  For  the  period  beginning July first, two thousand twelve and
[thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN,  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
    [$158]      [$252]      [$335]      [$432]      [$533]      [$616]
    $150        $239        $317        $409        $505        $583
  For  each  additional  person in the household there shall be added an
additional amount of [eighty-four] EIGHTY dollars monthly.
  (A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND  THIRTEEN  AND
THEREAFTER, PERSONS AND FAMILIES DETERMINED TO BE ELIGIBLE BY THE APPLI-

S. 6257--B                         46                         A. 9057--B

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        $336        $433        $534        $617
  FOR  EACH  ADDITIONAL  PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART E

  Section  1. Paragraph (f) of subdivision 3 of section 22 of the social
services law, as relettered by chapter 611  of  the  laws  of  1979,  is
relettered  paragraph  (g)  and  a new paragraph (f) is added to read as
follows:
  (F) UNLESS AN AGREEMENT IS IN EFFECT  FOR  FEDERAL  ADMINISTRATION  OF
ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS
CHAPTER,  APPLICANTS  FOR AND RECIPIENTS OF ADDITIONAL STATE PAYMENTS AS
DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER;
AND
  S 2. Subdivision 2 of section 208 of the social services law, as added
by chapter 1080 of the laws of 1974, is amended to read as follows:
  2. "Additional state payments" shall mean payments made to aged, blind
and disabled persons who are receiving,  or  who  would  but  for  their
income  be  eligible  to  receive,  federal supplemental security income
benefits, whether made by [social  services  districts]  THE  OFFICE  OF
TEMPORARY AND DISABILITY ASSISTANCE in accordance with the provisions of
this title and with title sixteen of the federal social security act, or
by  the  [secretary]  COMMISSIONER of the [federal department of health,
education and welfare] UNITED  STATES  SOCIAL  SECURITY  ADMINISTRATION,
pursuant  to  and in accordance with the provisions of this title, title
sixteen of the federal social security act, and provisions of any agree-
ment entered into between the state and such [secretary] COMMISSIONER by
which the [secretary] COMMISSIONER agrees to administer such  additional
state  payments  on behalf of the state.  SUCH PAYMENTS ARE EQUAL TO THE
STANDARD OF NEED, LESS THE GREATER OF THE FEDERAL BENEFIT RATE OR COUNT-
ABLE INCOME. FOR PURPOSES OF THIS  TITLE,  THE  "FEDERAL  BENEFIT  RATE"
SHALL  MEAN  THE MAXIMUM PAYMENT OF SUPPLEMENTAL SECURITY INCOME PAYABLE
TO A PERSON OR COUPLE WITH NO COUNTABLE INCOME.
  S 3. Section 208 of the social services law is amended by adding a new
subdivision 12 to read as follows:
  12. THE TERM "STANDARD OF NEED" SHALL  REFER  SOLELY  TO  THE  MAXIMUM
LEVEL  OF  INCOME  A  PERSON  OR COUPLE MAY HAVE AND REMAIN ELIGIBLE FOR
ADDITIONAL STATE PAYMENTS UNDER THIS TITLE. THE TERM APPLIES  SOLELY  TO
THE  PROGRAM  OF ADDITIONAL STATE PAYMENTS AND HAS NO APPLICATION TO ANY
OTHER PROGRAM OR BENEFIT.
  S 4. Paragraph (a) of subdivision 1  of  section  209  of  the  social
services  law, as added by chapter 1080 of the laws of 1974 and subpara-
graph (iv) as amended by chapter 214 of the laws of 1998, is amended  to
read as follows:

S. 6257--B                         47                         A. 9057--B

  (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO PERSON SHALL BE ELIGI-
BLE FOR ANY PAYMENT PURSUANT TO THIS TITLE WHO IS INELIGIBLE FOR SUPPLE-
MENTAL SECURITY INCOME FOR ANY REASON OTHER THAN HAVING COUNTABLE INCOME
EXCEEDING THE FEDERAL BENEFIT RATE FOR SUCH PROGRAM. An individual shall
be  eligible  to  receive  additional  state  payments  if he OR SHE HAS
APPLIED FOR SUPPLEMENTAL SECURITY INCOME BENEFITS, HAS RECEIVED A DETER-
MINATION WITH RESPECT TO SUCH APPLICATION AND:
  (i) is over sixty-five years of age, or is blind or disabled; and
  (ii) does not have countable income in an amount equal to  or  greater
than  the  standard  of  need  established  in  subdivision  two of this
section; and
  (iii) does not have countable resources  in  an  amount  equal  to  or
greater  than  the  amount of resources an individual or couple may have
and remain eligible for supplemental security income  benefits  pursuant
to federal law and regulations of the department; and
  (iv)  is a resident of the state and is either a citizen of the United
States or is not an alien who is or  would  be  ineligible  for  federal
supplemental security income benefits solely by reason of alien status.
  S  5.  Subdivision  1  of  section  212  of the social services law is
REPEALED and a new subdivision 1 is added to read as follows:
  1. IF THERE IS NO AGREEMENT IN EFFECT FOR  FEDERAL  ADMINISTRATION  OF
ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS
TITLE,  THE  COMMISSIONER  OF  THE  OFFICE  OF  TEMPORARY AND DISABILITY
ASSISTANCE SHALL BE RESPONSIBLE FOR PROVIDING SUCH PAYMENTS TO  ELIGIBLE
RESIDENTS OF THE STATE AS REQUIRED BY THIS TITLE AND SHALL:
  (A)  ACCEPT  AND PROCESS APPLICATIONS FOR ADDITIONAL STATE PAYMENTS TO
BE MADE PURSUANT TO THIS TITLE;
  (B) DETERMINE ELIGIBILITY FOR  AND  THE  AMOUNT  OF  ADDITIONAL  STATE
PAYMENTS IN ACCORDANCE WITH THIS TITLE;
  (C)  REDETERMINE  ELIGIBILITY  PERIODICALLY AS THE OFFICE MAY REQUIRE;
PROVIDED, HOWEVER, THAT ANY  SUCH  REDETERMINATIONS  SHALL  BE  NO  MORE
FREQUENT  THAN  PROVIDED  BY  THE  APPLICABLE  REGULATIONS OF THE UNITED
STATES SOCIAL SECURITY ADMINISTRATION; AND
  (D) TAKE ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE  PROVISIONS  OF
THIS TITLE.
  S  6.  Subparagraph 2 of paragraph (a) of subdivision 1 of section 366
of the social services law, as added by chapter  1080  of  the  laws  of
1974, is amended to read as follows:
  (2)  is receiving or is eligible to receive federal supplemental secu-
rity income payments and/or additional state payments[, so long as there
is in effect an agreement between the state and the secretary of health,
education and welfare, pursuant to section three  hundred  sixty-three-b
of  this  title,  for  the federal determination of eligibility of aged,
blind and disabled persons for medical assistance, and so long  as  such
secretary requires, as a condition of entering into such agreement, that
such person be eligible for medical assistance] PURSUANT TO TITLE SIX OF
THIS  ARTICLE;  ANY  INCONSISTENT PROVISION OF THIS CHAPTER OR OTHER LAW
NOTWITHSTANDING, THE DEPARTMENT MAY DESIGNATE THE  OFFICE  OF  TEMPORARY
AND  DISABILITY ASSISTANCE AS ITS AGENT TO DISCHARGE ITS RESPONSIBILITY,
OR SO MUCH OF ITS RESPONSIBILITY AS IS PERMITTED  BY  FEDERAL  LAW,  FOR
DETERMINING  ELIGIBILITY  FOR MEDICAL ASSISTANCE WITH RESPECT TO PERSONS
WHO ARE NOT ELIGIBLE TO RECEIVE  FEDERAL  SUPPLEMENTAL  SECURITY  INCOME
PAYMENTS  BUT  WHO  ARE  RECEIVING  A  STATE  ADMINISTERED SUPPLEMENTARY
PAYMENT  OR  MANDATORY  MINIMUM  SUPPLEMENT  IN  ACCORDANCE   WITH   THE
PROVISIONS  OF  SUBDIVISION  ONE  OF  SECTION TWO HUNDRED TWELVE OF THIS
ARTICLE; or

S. 6257--B                         48                         A. 9057--B

  S 7. This act shall take effect immediately.

                                 PART F

  Section  1.  Section  28  of part C of chapter 83 of the laws of 2002,
amending the executive law and other laws relating to funding for  chil-
dren  and  family services, as amended by section 1 of part Q of chapter
57 of the laws of 2009, is amended to read as follows:
  S 28. This act shall take effect immediately; provided  that  sections
nine  through eighteen and twenty through twenty-seven of this act shall
be deemed to have been in full force and effect on and  after  April  1,
2002; provided, however, that section fifteen of this act shall apply to
claims that are otherwise reimbursable by the state on or after April 1,
2002  except as provided in subdivision 9 of section 153-k of the social
services law as added by section fifteen of this act;  provided  further
however, that nothing in this act shall authorize the office of children
and  family  services  to  deny state reimbursement to a social services
district for violations of the provisions of section 153-d of the social
services law for services provided from January 1,  1994  through  March
31,  2002;  provided that section nineteen of this act shall take effect
September 13, 2002 AND SHALL EXPIRE AND  BE  DEEMED  REPEALED  JUNE  30,
2012;  and,  provided  further, however, that notwithstanding any law to
the contrary, the office of children and family services shall have  the
authority  to  promulgate,  on  an  emergency basis, any rules and regu-
lations necessary to implement the requirements established pursuant  to
this  act;  provided further, however, that the regulations to be devel-
oped pursuant to section one of this act shall not be adopted  by  emer-
gency  rule;  and  provided further that the provisions of sections nine
THROUGH EIGHTEEN AND TWENTY  through  twenty-seven  of  this  act  shall
expire and be deemed repealed on June 30, [2012] 2017.
  S  2.    Paragraph (a) of subdivision 1 of section 153-k of the social
services law, as added by section 15 of part C of chapter 83 of the laws
of 2002, is amended to read as follows:
  (a) Expenditures made by social services districts for  child  protec-
tive  services, preventive services provided, as applicable, to eligible
children and families of children who are in  and  out  of  foster  care
placement, independent living services, aftercare services, and adoption
administration  and  services  other  than  adoption  subsidies provided
pursuant to article six of this  chapter  and  the  regulations  of  the
department  of  family  assistance  shall,  if approved by the office of
children and family  services,  be  subject  to  [sixty-five]  SIXTY-TWO
percent  state  reimbursement exclusive of any federal funds made avail-
able for such purposes, in accordance with the directives of the depart-
ment of family assistance and subject to the approval of the director of
the budget.
  S 3. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
services law, as added by section 15 of part C of chapter 83 of the laws
of 2002, is amended to read as follows:
  (a) Notwithstanding the provisions of this chapter or of any other law
to the contrary, eligible expenditures by a social services district for
foster  care  services  AND  KINSHIP  GUARDIANSHIP  ASSISTANCE  shall be
subject to reimbursement with state funds only to the extent  of  annual
appropriations  to  the  state foster care block grant. Such foster care
services shall include expenditures for the provision and administration
of: care, maintenance, supervision and tuition;  supervision  of  foster
children  placed in federally funded job corps programs; and care, main-

S. 6257--B                         49                         A. 9057--B

tenance, supervision and tuition for  adjudicated  juvenile  delinquents
and  persons in need of supervision placed in residential programs oper-
ated by authorized agencies and in  out-of-state  residential  programs.
SUCH  KINSHIP GUARDIANSHIP ASSISTANCE SHALL INCLUDE EXPENDITURES FOR THE
PROVISION AND ADMINISTRATION OF KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS
AND NON-RECURRING GUARDIANSHIP EXPENSES MADE PURSUANT TO  TITLE  TEN  OF
ARTICLE  SIX OF THIS CHAPTER. Social services districts must develop and
implement  children  and  family  services  delivery  systems  that  are
designed to reduce the need for and the length of foster care placements
and  must document their efforts in the multi-year consolidated services
plan and the annual implementation reports submitted pursuant to section
thirty-four-a of this chapter.
  S 4. Subdivision 1 of section 456  of  the  social  services  law,  as
amended  by  chapter  601  of  the  laws  of 1994, is amended to read as
follows:
  1.  Payments  made  by  social  services  officials  pursuant  to  the
provisions  of  this  title  shall,  if  approved  by the department, be
subject to reimbursement by the state,  in  accordance  with  the  regu-
lations  of  the  department  as  follows:   there shall be paid to each
social services district (a) the amount of federal funds, if any,  prop-
erly  received  or  to  be received on account of such payments; and (b)
except as set forth below, [seventy-five] SIXTY-TWO per centum  of  such
payments  after  first  deducting  therefrom  any federal funds properly
received or to be received on account thereof; provided,  however,  that
when  payments  under section four hundred fifty-three of this title are
made to a person or persons residing in a social services district whose
board rate exceeds that of  the  district  making  such  payments,  that
portion  of  the  payments  which exceeds the board rate of the district
making the payments shall be subject to reimbursement by  the  state  in
the amount of one hundred per centum thereof, (c) one hundred per centum
of such payments after first deducting therefrom any federal funds prop-
erly to be received on account of such payments, for children placed out
for  adoption  by  a  voluntary  authorized agency or for children being
adopted after being placed out for adoption by  a  voluntary  authorized
agency  in  accordance  with  the  provisions  of this title, or (d) one
hundred per centum of such payments after first deducting therefrom  any
federal  funds  properly to be received on account of such payments, for
children placed out for adoption or being adopted after being placed out
for adoption by an Indian tribe as referenced in  subdivision  seven  of
section four hundred fifty-one of this title.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012; provided,
however, that the amendments to paragraph (a) of subdivision 1 and para-
graph (a) of subdivision 2 of section 153-k of the social  services  law
made  by  sections two and three of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.

                                 PART G

  Section 1. This part enacts into law major components  of  legislation
which  are  necessary for establishing a juvenile justice services close
to home initiative. Each component is wholly contained within a  subpart
identified  as subparts A through B. The effective date for each partic-
ular provision contained within such subpart is set forth  in  the  last
section of such subpart. Any provision in any section contained within a
subpart, including the effective date of the subpart, which makes refer-

S. 6257--B                         50                         A. 9057--B

ence  to  a  section  "of  this  act", when used in connection with that
particular component, shall be deemed to mean and refer  to  the  corre-
sponding  section  of the subpart in which it is found.  Section four of
this part sets forth the general effective date of this act.
  S 2. Legislative intent. In order to provide a juvenile justice system
that ensures public safety and improves short and long term outcomes for
youth  and  their  families,  it  is  the  intent of this legislation to
authorize the city of New York to provide juvenile justice  services  to
all  adjudicated  juvenile  delinquents  who reside in the city, and are
determined by the family court to need placement other than in a  secure
facility. This legislation aims to transform the juvenile justice system
by  authorizing  the city to develop a system for its youth that strives
to:
  a) provide an effective continuum of diversion, supervision, treatment
and confinement, ensuring that the least restrictive,  most  appropriate
level  of care is provided for all youth, consistent with public safety,
keeping youth close to home, minimizing the dislocation  of  youth  from
their families and building on positive connections between young people
and their communities;
  b)  provide  accountability of the system and organizations within the
system, ensuring that both internal and external  mechanisms  for  over-
sight of the system are maintained;
  c) be data-driven, ensuring that objective instruments are employed at
all key decision making stages and that system actors readily and trans-
parently share information to inform ongoing changes in policy and prac-
tice;
  d)  promote  family  and community involvement, ensuring that positive
family and community supports are actively engaged;
  e) be based on evidence-informed practices, ensuring that programs and
services provided are shown to have worked  in  improving  outcomes  for
youth,  maintaining  public  safety and reducing unnecessary confinement
and recidivism and unwarranted racial/ethnic disparities; and
  f) provide  effective  reintegration  services,  ensuring  that  youth
remain connected to appropriate educational services and positive behav-
ioral  supports and/or treatment modalities upon transitioning home from
placement.

                                SUBPART A

  Section 1. The social services law is amended by adding a new  section
404 to read as follows:
  S  404.  JUVENILE  JUSTICE  SERVICES  CLOSE TO HOME INITIATIVE.   1. A
SOCIAL SERVICES DISTRICT IN A CITY WITH A POPULATION IN  EXCESS  OF  ONE
MILLION  MAY  IMPLEMENT  A  CLOSE TO HOME INITIATIVE TO PROVIDE JUVENILE
JUSTICE SERVICES TO ALL ADJUDICATED JUVENILE DELINQUENTS DETERMINED BY A
FAMILY COURT IN SUCH DISTRICT AS  NEEDING  PLACEMENT  OTHER  THAN  IN  A
SECURE  FACILITY AND TO ENTER INTO CONTRACTS WITH ANY AUTHORIZED AGENCY,
AS DEFINED BY SECTION THREE HUNDRED  SEVENTY-ONE  OF  THIS  CHAPTER,  TO
OPERATE AND MAINTAIN NON-SECURE AND LIMITED SECURE FACILITIES.
  2.  A  SOCIAL  SERVICES  DISTRICT SHALL OBTAIN PRIOR APPROVAL FROM THE
OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATE DIVISION OF  BUDGET
OF  ITS  PLAN  FOR  ESTABLISHING  AND IMPLEMENTING SUCH AN INITIATIVE IN
ACCORDANCE WITH GUIDELINES ESTABLISHED AND IN THE FORMAT, AND  INCLUDING
THE INFORMATION REQUIRED, BY SUCH OFFICE. SUCH DISTRICT MAY SUBMIT SEPA-
RATE  PLANS FOR HOW THE DISTRICT WILL IMPLEMENT INITIATIVES FOR JUVENILE

S. 6257--B                         51                         A. 9057--B

DELINQUENTS  PLACED  IN  NON-SECURE  SETTINGS  AND  IN  LIMITED   SECURE
SETTINGS. ANY SUCH PLAN SHALL SPECIFY, IN DETAIL, AS APPLICABLE:
  (A)  HOW  THE  DISTRICT WILL PROVIDE A CONTINUUM OF EVIDENCE INFORMED,
HIGH-QUALITY  COMMUNITY-BASED  AND  RESIDENTIAL  PROGRAMMING  THAT  WILL
PROTECT  COMMUNITY  SAFETY  AND  PROVIDE  APPROPRIATE SERVICES TO YOUTH,
INCLUDING THE OPERATION OF NON-SECURE AND LIMITED SECURE FACILITIES,  IN
SUFFICIENT  CAPACITY AND IN A MANNER DESIGNED TO MEET THE NEEDS OF JUVE-
NILE DELINQUENTS CARED FOR UNDER THE INITIATIVE. SUCH PROGRAMMING  SHALL
BE  BASED ON AN ANALYSIS OF RECENT PLACEMENT TRENDS OF YOUTH FROM WITHIN
SUCH DISTRICT, INCLUDING THE NUMBER OF YOUTH WHO HAVE BEEN PLACED IN THE
CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR  PLACEMENT  IN
OTHER THAN A SECURE FACILITY;
  (B)  THE ANTICIPATED START-UP AND ON-GOING SERVICES AND ADMINISTRATIVE
COSTS OF THE INITIATIVE;
  (C) THE READINESS OF THE DISTRICT TO ESTABLISH THE INITIATIVE AND  THE
AVAILABILITY OF ALL NEEDED RESOURCES, INCLUDING THE LOCATION OF SERVICES
AND  AVAILABILITY  OF  THE  PROVIDERS  THAT  WILL  PROVIDE ALL NECESSARY
SERVICES UNDER THE INITIATIVE INCLUDING, BUT NOT  LIMITED  TO,  RESIDEN-
TIAL,  NON-RESIDENTIAL,  EDUCATIONAL,  MEDICAL,  SUBSTANCE ABUSE, MENTAL
HEALTH AND AFTER CARE SERVICES AND COMMUNITY SUPERVISION;
  (D) THE PROPOSED EFFECTIVE DATE OF THE PLAN AND DOCUMENTATION  OF  THE
DISTRICT'S  READINESS TO BEGIN ACCEPTING AND APPROPRIATELY SERVING JUVE-
NILE DELINQUENTS UNDER THE PLAN;
  (E) HOW THE DISTRICT WILL PROVIDE NECESSARY AND  APPROPRIATE  STAFFING
TO IMPLEMENT THE INITIATIVE;
  (F)  HOW THE DISTRICT WILL MONITOR THE QUALITY OF SERVICES PROVIDED TO
YOUTH, INCLUDING HOW THE DISTRICT WILL PROVIDE CASE MANAGEMENT SERVICES;
  (G) HOW, THROUGHOUT THE INITIATIVE, THE DISTRICT WILL SEEK AND RECEIVE
ON-GOING COMMUNITY AND STAKEHOLDER INPUT RELATING TO THE  IMPLEMENTATION
AND EFFECTIVENESS OF THE INITIATIVE;
  (H)  HOW THE DISTRICT WILL ENSURE THAT ALL STAFF WORKING DIRECTLY WITH
YOUTH SERVED UNDER THE INITIATIVE HAVE RECEIVED NECESSARY AND  APPROPRI-
ATE TRAINING;
  (I)  HOW  THE  DISTRICT  WILL  MONITOR THE USE OF RESTRAINTS ON YOUTH,
INCLUDING, BUT NOT LIMITED TO, THE USE OF MECHANICAL RESTRAINTS;
  (J) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMS AND  POLICIES
TO  ENSURE  PROGRAM  SAFETY  AND THAT YOUTH RECEIVE APPROPRIATE SERVICES
BASED ON THEIR NEEDS, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL, BEHAV-
IORAL, MENTAL HEALTH AND SUBSTANCE ABUSE  SERVICES  IN  ACCORDANCE  WITH
INDIVIDUALIZED TREATMENT PLANS DEVELOPED FOR EACH YOUTH;
  (K)  HOW  THE  DISTRICT  WILL  DEVELOP  AND  IMPLEMENT GENDER SPECIFIC
PROGRAMMING AND POLICIES TO MEET THE SPECIALIZED NEEDS OF LESBIAN,  GAY,
BISEXUAL OR TRANSGENDER YOUTH;
  (L)  HOW  THE  DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMMING THAT IS
CULTURALLY COMPETENT TO MEET THE DIVERSE NEEDS OF THE YOUTH;
  (M) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT  LOCAL  PROGRAMS  THAT
WILL  SEEK TO REDUCE THE DISPROPORTIONATE PLACEMENT OF MINORITY YOUTH IN
RESIDENTIAL PROGRAMS IN THE JUVENILE JUSTICE SYSTEM;
  (N) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A PLAN TO  REDUCE  THE
NUMBER OF YOUTH ABSENT WITHOUT LEAVE FROM PLACEMENT;
  (O)  HOW  THE  DISTRICT  WILL  DEVELOP AND IMPLEMENT POLICIES TO SERVE
YOUTH IN THE LEAST RESTRICTIVE SETTING  CONSISTENT  WITH  THE  NEEDS  OF
YOUTH AND PUBLIC SAFETY, AND TO AVOID MODIFICATIONS OF PLACEMENTS TO THE
OFFICE OF CHILDREN AND FAMILY SERVICES;
  (P)  HOW THE DISTRICT WILL ENGAGE IN PERMANENCY AND DISCHARGE PLANNING
FOR JUVENILE DELINQUENTS PLACED IN ITS CUSTODY;

S. 6257--B                         52                         A. 9057--B

  (Q) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A COMPREHENSIVE  AFTER
CARE  PROGRAM TO PROVIDE SERVICES AND SUPPORTS FOR YOUTH WHO HAVE RE-EN-
TERED THE COMMUNITY FOLLOWING A  JUVENILE  JUSTICE  PLACEMENT  WITH  THE
DISTRICT;
  (R)  HOW  THE  DISTRICT WILL DEVELOP AND IMPLEMENT POLICIES FOCUSED ON
REDUCING RECIDIVISM OF YOUTH WHO LEAVE THE PROGRAM;
  (S) HOW THE LOCAL PROBATION DEPARTMENT WILL IMPLEMENT A  COMPREHENSIVE
PREDISPOSITION INVESTIGATION PROCESS THAT INCLUDES, AT LEAST, THE USE OF
APPROPRIATE      ASSESSMENTS     TO     DETERMINE     THE     COGNITIVE,
EDUCATIONAL/VOCATIONAL, AND SUBSTANCE ABUSE NEEDS OF THE YOUTH  AND  THE
USE OF A VALIDATED RISK ASSESSMENT INSTRUMENT, APPROVED BY THE OFFICE OF
CHILDREN  AND  FAMILY  SERVICES;  AND HOW THE DISTRICT WILL IMPLEMENT AN
INTAKE PROCESS FOR YOUTH PLACED IN RESIDENTIAL CARE  THAT  INCLUDES  THE
USE  OF APPROPRIATE ASSESSMENTS TO DETERMINE THE MEDICAL, DENTAL, MENTAL
AND BEHAVIORAL HEALTH NEEDS OF THE YOUTH; AND
  (T) HOW THE DISTRICT WILL PROVIDE  FOR  THE  RESTRICTIVE  SETTING  AND
PROGRAMS NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE
SETTING  CONSISTENT  WITH THE NECESSITY FOR THE PROTECTION OF THE HEALTH
OR SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY OR THE SURROUNDING
COMMUNITY.
  3. PRIOR TO SUBMITTING ANY PLAN PURSUANT TO SUBDIVISION  TWO  OF  THIS
SECTION,  THE SOCIAL SERVICES DISTRICT SHALL CONDUCT AT LEAST ONE PUBLIC
HEARING ON THE PROPOSED PLAN. ANY SUCH PUBLIC  HEARINGS  SHALL  ONLY  BE
HELD AFTER THIRTY DAYS NOTICE HAS BEEN PROVIDED IN A NEWSPAPER OF GENER-
AL  CIRCULATION  WITHIN  THE  JURISDICTION FOR WHICH THE SOCIAL SERVICES
DISTRICT IS LOCATED. THE NOTICE SHALL SPECIFY THE TIMES  OF  THE  PUBLIC
HEARING  AND  PROVIDE INFORMATION ON HOW WRITTEN COMMENT ON THE PLAN MAY
BE SUBMITTED TO THE DISTRICT FOR CONSIDERATION.    ADDITIONALLY,  FOR  A
PERIOD  OF  AT  LEAST THIRTY DAYS PRIOR TO A HEARING, THE DISTRICT SHALL
POST ON ITS WEBSITE A NOTICE OF THE HEARING,  A  COPY  OF  THE  PROPOSED
PLAN, AND INFORMATION ON HOW WRITTEN COMMENTS ON THE PLAN MAY BE SUBMIT-
TED TO THE DISTRICT FOR CONSIDERATION.
  4.  THE  SOCIAL  SERVICES  DISTRICT SHALL SUBMIT, WITH SUCH A PLAN, AN
ASSESSMENT OF ANY WRITTEN COMMENTS RECEIVED, AND ANY COMMENTS  PRESENTED
AT THE PUBLIC HEARING. AT A MINIMUM, SUCH ASSESSMENT SHALL CONTAIN:
  (A) A SUMMARY AND ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT ALTER-
NATIVES SUGGESTED;
  (B)  A  STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
NOT INCORPORATED INTO THE PLAN; AND
  (C) A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF  SUCH
COMMENTS.
  5.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATE DIVISION
OF BUDGET, IN CONSULTATION WITH THE OFFICE OF MENTAL  HEALTH,  SHALL  BE
AUTHORIZED TO REQUEST AMENDMENTS TO ANY PLAN PRIOR TO APPROVAL.  FOR ANY
PLAN   THAT  ONLY  COVERS  JUVENILE  DELINQUENTS  PLACED  IN  NON-SECURE
SETTINGS, THE OFFICE AND THE  DIVISION  SHALL,  WITHIN  THIRTY  DAYS  OF
RECEIVING  THE  PLAN,  EITHER  APPROVE OR DISAPPROVE THE PLAN OR REQUEST
AMENDMENTS TO THE PLAN. IF ANY AMENDMENTS ARE REQUESTED TO THE PLAN, THE
OFFICE AND THE DIVISION SHALL APPROVE  OR  DISAPPROVE  THE  PLAN  WITHIN
FIFTEEN  DAYS OF ITS RESUBMISSION WITH THE REQUESTED AMENDMENTS. FOR ANY
PLAN THAT COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS,
THE OFFICE AND THE DIVISION SHALL, WITHIN SIXTY DAYS  OF  RECEIVING  THE
PLAN, EITHER APPROVE OR DISAPPROVE THE PLAN OR REQUEST AMENDMENTS TO THE
PLAN.  IF  ANY  AMENDMENTS ARE REQUESTED TO THE PLAN, THE OFFICE AND THE
DIVISION SHALL APPROVE OR DISAPPROVE THE PLAN WITHIN FIFTEEN DAYS OF ITS
RESUBMISSION WITH THE REQUESTED AMENDMENTS.

S. 6257--B                         53                         A. 9057--B

  6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IF
THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES APPROVES A SOCIAL SERVICES
DISTRICT'S PLAN TO IMPLEMENT A JUVENILE JUSTICE SERVICES CLOSE  TO  HOME
INITIATIVE  FOR JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, SUCH
OFFICE  SHALL  WORK WITH SUCH DISTRICT TO IDENTIFY THOSE JUVENILE DELIN-
QUENTS IN THE OFFICE'S CUSTODY RESIDING  IN  NON-SECURE  PLACEMENTS  AND
THOSE CONDITIONALLY RELEASED FROM A FACILITY WHO WERE PLACED BY A FAMILY
COURT  WITHIN  THE  JURISDICTION  OF  SAID SOCIAL SERVICES DISTRICT. THE
OFFICE SHALL EVALUATE THE PLACEMENT LENGTH AND THE NEEDS OF  SUCH  JUVE-
NILE  DELINQUENTS  AND,  WHERE  APPROPRIATE, FILE A PETITION PURSUANT TO
SECTION 355.1 OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH  YOUTH
TO  SAID  SOCIAL SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE PLAN, OR
AS SOON AS APPROPRIATE THEREAFTER, BUT IN NO  EVENT  LATER  THAN  NINETY
DAYS  AFTER SUCH EFFECTIVE DATE; PROVIDED, HOWEVER, IF THE OFFICE DETER-
MINES, ON A  CASE-BY-CASE  BASIS,  FOR  REASONS  DOCUMENTED  IN  WRITING
SUBMITTED TO THE SOCIAL SERVICES DISTRICT, THAT A TRANSFER WITHIN NINETY
DAYS  OF  THE  EFFECTIVE  DATE  OF  THE PLAN WOULD BE DETRIMENTAL TO THE
EMOTIONAL, MENTAL OR PHYSICAL HEALTH OF  A  YOUTH,  OR  WOULD  SERIOUSLY
INTERFERE  WITH  THE  YOUTH'S INTERSTATE TRANSFER OR IMMINENT DISCHARGE,
THE OFFICE SHALL PROVIDE AN ESTIMATED TIME BY WHICH THE  OFFICE  EXPECTS
TO BE ABLE TO PETITION FOR THE TRANSFER OF SUCH YOUTH OR TO RELEASE SUCH
YOUTH  FROM ITS CARE, AND SHALL NOTIFY THE DISTRICT OF ANY DELAY OF THAT
EXPECTED DATE AND THE REASONS FOR SUCH A DELAY.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
OFFICE APPROVES A SOCIAL SERVICES DISTRICT'S PLAN TO IMPLEMENT  A  JUVE-
NILE  JUSTICE SERVICES CLOSE TO HOME INITIATIVE FOR JUVENILE DELINQUENTS
PLACED IN LIMITED-SECURE SETTINGS, SUCH  OFFICE  SHALL  WORK  WITH  SUCH
DISTRICT TO IDENTIFY JUVENILE DELINQUENTS IN THE OFFICE'S CUSTODY RESID-
ING  IN  LIMITED  SECURE PLACEMENTS WHO WERE PLACED BY A FAMILY COURT IN
THE SOCIAL SERVICES DISTRICT. THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL EVALUATE THE PLACEMENT LENGTH AND NEEDS OF  SUCH  JUVENILE  DELIN-
QUENTS AND, WHERE APPROPRIATE, FILE A PETITION PURSUANT TO SECTION 355.1
OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH YOUTH TO SAID SOCIAL
SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE PLAN OR AS SOON AS APPRO-
PRIATE  THEREAFTER,  BUT  IN  NO EVENT LATER THAN NINETY DAYS AFTER SUCH
EFFECTIVE DATE; PROVIDED, HOWEVER, IF THE OFFICE DETERMINES, ON A  CASE-
BY-CASE BASIS, FOR REASONS DOCUMENTED IN WRITING SUBMITTED TO THE SOCIAL
SERVICES  DISTRICT,  THAT A TRANSFER WITHIN NINETY DAYS OF THE EFFECTIVE
DATE OF THE PLAN WOULD BE DETRIMENTAL TO THE EMOTIONAL, MENTAL OR  PHYS-
ICAL  HEALTH  OF  A YOUTH, OR WOULD SERIOUSLY INTERFERE WITH THE YOUTH'S
INTERSTATE TRANSFER OR IMMINENT DISCHARGE, THE OFFICE SHALL  PROVIDE  AN
ESTIMATED  TIME  BY  WHICH THE OFFICE EXPECTS TO BE ABLE TO PETITION FOR
THE TRANSFER OF SUCH YOUTH OR TO RELEASE SUCH YOUTH FROM ITS  CARE,  AND
SHALL  NOTIFY  THE  DISTRICT  OF ANY DELAY OF THAT EXPECTED DATE AND THE
REASONS FOR SUCH A DELAY.
  7. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF  SUBDIVISION
FIFTEEN  OF  SECTION FIVE HUNDRED ONE OF THE EXECUTIVE LAW, OR ANY OTHER
LAW TO THE CONTRARY, IF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
APPROVES  A  SOCIAL  SERVICES  DISTRICT'S  PLAN  FOR  A JUVENILE JUSTICE
SERVICES CLOSE TO HOME INITIATIVE TO  IMPLEMENT  SERVICES  FOR  JUVENILE
DELINQUENTS PLACED IN NON-SECURE OR LIMITED SECURE SETTINGS, SUCH OFFICE
SHALL  BE  AUTHORIZED,  FOR UP TO A YEAR AFTER THE EFFECTIVE DATE OF ANY
SUCH PLAN: (1) TO CLOSE ANY  OF  ITS  FACILITIES  IN  THE  CORRESPONDING
SETTING  LEVELS  COVERED  BY  THE  APPROVED PLAN AND TO MAKE SIGNIFICANT
ASSOCIATED SERVICE REDUCTIONS AND PUBLIC  EMPLOYEE  STAFFING  REDUCTIONS
AND  TRANSFER  OPERATIONS  FOR  THOSE  SETTING  LEVELS  TO  A PRIVATE OR

S. 6257--B                         54                         A. 9057--B

NOT-FOR-PROFIT ENTITY, AS DETERMINED BY THE COMMISSIONER OF  THE  OFFICE
OF  CHILDREN AND FAMILY SERVICES TO BE NECESSARY TO REFLECT THE DECREASE
IN THE NUMBER OF JUVENILE DELINQUENTS PLACED WITH SUCH OFFICE FROM  SUCH
SOCIAL  SERVICES  DISTRICT;  (2)  TO REDUCE COSTS TO THE STATE AND OTHER
SOCIAL SERVICES DISTRICTS RESULTING  FROM  SUCH  DECREASE;  AND  (3)  TO
ADJUST SERVICES TO PROVIDE REGIONALLY-BASED CARE TO JUVENILE DELINQUENTS
FROM  OTHER PARTS OF THE STATE NEEDING SERVICES IN THOSE LEVELS OF RESI-
DENTIAL SERVICES. AT LEAST SIXTY DAYS PRIOR TO TAKING ANY  SUCH  ACTION,
THE  COMMISSIONER  OF  THE OFFICE SHALL PROVIDE NOTICE OF SUCH ACTION TO
THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT  OF  THE  SENATE
AND  SHALL  POST SUCH NOTICE UPON ITS PUBLIC WEBSITE. SUCH NOTICE MAY BE
PROVIDED AT ANY TIME ON OR AFTER THE DATE THE  OFFICE  APPROVES  A  PLAN
AUTHORIZING  A  SOCIAL SERVICES DISTRICT TO IMPLEMENT PROGRAMS FOR JUVE-
NILE DELINQUENTS PLACED IN THE APPLICABLE SETTING  LEVEL.  SUCH  COMMIS-
SIONER  SHALL  BE  AUTHORIZED TO CONDUCT ANY AND ALL PREPARATORY ACTIONS
WHICH MAY BE REQUIRED TO EFFECTUATE SUCH CLOSURES OR SIGNIFICANT SERVICE
OR STAFFING REDUCTIONS AND TRANSFER OF OPERATIONS DURING SUCH SIXTY  DAY
PERIOD.
  (B)  ANY  TRANSFERS OF CAPACITY OR ANY RESULTING TRANSFER OF FUNCTIONS
SHALL BE AUTHORIZED TO BE MADE BY THE  COMMISSIONER  OF  THE  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  AND ANY TRANSFER OF PERSONNEL UPON SUCH
TRANSFER OF CAPACITY OR TRANSFER OF FUNCTIONS SHALL BE  ACCOMPLISHED  IN
ACCORDANCE  WITH  THE PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE
LAW.
  8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
ELIGIBLE  EXPENDITURES  DURING  THE  APPLICABLE  TIME  PERIODS MADE BY A
SOCIAL SERVICES DISTRICT FOR AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
TO HOME INITIATIVE SHALL,  IF  APPROVED  BY  THE  DEPARTMENT  OF  FAMILY
ASSISTANCE,  BE SUBJECT TO REIMBURSEMENT WITH STATE FUNDS ONLY UP TO THE
EXTENT OF AN ANNUAL  APPROPRIATION  MADE  SPECIFICALLY  THEREFOR,  AFTER
FIRST  DEDUCTING  THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR TO BE
RECEIVED ON ACCOUNT THEREOF; PROVIDED, HOWEVER,  THAT  WHEN  SUCH  FUNDS
HAVE  BEEN  EXHAUSTED,  A  SOCIAL  SERVICES  DISTRICT  MAY RECEIVE STATE
REIMBURSEMENT FROM OTHER AVAILABLE STATE APPROPRIATIONS FOR  THAT  STATE
FISCAL  YEAR FOR ELIGIBLE EXPENDITURES FOR SERVICES THAT OTHERWISE WOULD
BE REIMBURSABLE UNDER SUCH FUNDING STREAMS. ANY CLAIMS  SUBMITTED  BY  A
SOCIAL SERVICES DISTRICT FOR REIMBURSEMENT FOR A PARTICULAR STATE FISCAL
YEAR  FOR  WHICH  THE  SOCIAL  SERVICES  DISTRICT DOES NOT RECEIVE STATE
REIMBURSEMENT FROM THE ANNUAL APPROPRIATION FOR THE  APPROVED  CLOSE  TO
HOME INITIATIVE MAY NOT BE CLAIMED AGAINST THAT DISTRICT'S APPROPRIATION
FOR THE INITIATIVE FOR THE NEXT OR ANY SUBSEQUENT STATE FISCAL YEAR.
  (I)  STATE  FUNDING  FOR  REIMBURSEMENT SHALL BE, SUBJECT TO APPROPRI-
ATION,  IN  THE  FOLLOWING  AMOUNTS:  FOR  STATE  FISCAL  YEAR  2013-14,
$35,200,000  ADJUSTED BY ANY CHANGES IN SUCH AMOUNT REQUIRED BY SUBPARA-
GRAPHS (II) AND (III) OF THIS PARAGRAPH; FOR STATE FISCAL YEAR  2014-15,
$41,400,000  ADJUSTED  TO  INCLUDE THE AMOUNT OF ANY CHANGES MADE TO THE
STATE FISCAL YEAR 2013-14 APPROPRIATION  UNDER  SUBPARAGRAPHS  (II)  AND
(III)  OF  THIS  PARAGRAPH  PLUS ANY ADDITIONAL CHANGES REQUIRED BY SUCH
SUBPARAGRAPHS; AND, SUCH REIMBURSEMENT SHALL BE,  SUBJECT  TO  APPROPRI-
ATION,  FOR ALL SUBSEQUENT STATE FISCAL YEARS IN THE AMOUNT OF THE PRIOR
YEAR'S ACTUAL APPROPRIATION ADJUSTED BY ANY CHANGES REQUIRED BY SUBPARA-
GRAPHS (II) AND (III) OF THIS PARAGRAPH.
  (II) THE REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I)  OF  THIS
PARAGRAPH  SHALL  BE  INCREASED  OR DECREASED BY THE PERCENTAGE THAT THE
AVERAGE OF THE MOST RECENTLY APPROVED MAXIMUM STATE AID RATES FOR  GROUP
RESIDENTIAL  FOSTER CARE PROGRAMS IS HIGHER OR LOWER THAN THE AVERAGE OF

S. 6257--B                         55                         A. 9057--B

THE APPROVED MAXIMUM STATE AID RATES FOR GROUP RESIDENTIAL  FOSTER  CARE
PROGRAMS  IN  EXISTENCE  IMMEDIATELY PRIOR TO THE MOST RECENTLY APPROVED
RATES.
  (III)  THE REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL BE INCREASED IF EITHER THE POPULATION OF  ALLEGED  JUVE-
NILE  DELINQUENTS  WHO RECEIVE A PROBATION INTAKE OR THE NUMBER OF YOUTH
WITH A DISPOSITION FROM THE FAMILY COURT WHO ARE DETERMINED TO  BE  HIGH
RISK,  AS  DEFINED  IN  CLAUSE (A) OF THIS SUBPARAGRAPH, INCREASES BY AT
LEAST TEN PERCENT OVER THE RESPECTIVE POPULATION IN THE ANNUAL  BASELINE
YEAR.  THE  BASELINE YEAR SHALL BE THE PERIOD FROM JULY FIRST, TWO THOU-
SAND TEN THROUGH JUNE THIRTIETH, TWO THOUSAND ELEVEN OR THE MOST  RECENT
TWELVE  MONTH  PERIOD  FOR  WHICH  THERE  IS COMPLETE DATA, WHICHEVER IS
LATER.  IN EACH SUCCESSIVE YEAR, THE POPULATION  OF  THE  PREVIOUS  JULY
FIRST  THROUGH  JUNE  THIRTIETH PERIOD SHALL BE COMPARED TO THE BASELINE
YEAR FOR DETERMINING ANY ADJUSTMENTS TO A STATE  FISCAL  YEAR  APPROPRI-
ATION.    WHEN  EITHER  POPULATION INCREASES BY TEN PERCENT OR MORE, THE
REIMBURSEMENT WILL BE ADJUSTED BY A PERCENTAGE EQUAL TO  THE  LARGER  OF
THE  PERCENTAGE  INCREASE  IN EITHER THE NUMBER OF PROBATION INTAKES FOR
ALLEGED JUVENILE DELINQUENTS OR THE NUMBER OF HIGH RISK YOUTH.
  (A) FOR THE PURPOSES OF THIS SUBPARAGRAPH, HIGH RISK YOUTH SHALL  MEAN
YOUTH  WHO  ARE CATEGORIZED BY THE NEW YORK CITY DEPARTMENT OF PROBATION
STRUCTURED DECISION MAKING GRID (OR ANY SUCCESSOR RISK  ASSESSMENT  TOOL
APPROVED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES IN CONSULTATION
WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES) AS EITHER AT  HIGH  RISK
FOR RE-ARREST IN CASES WHERE THE MOST SERIOUS CURRENT ARREST CHARGE IS A
CLASS  I  OR  II OR AT MEDIUM RISK FOR RE-ARREST IN CASES WHERE THE MOST
SERIOUS CURRENT ARREST CHARGE IS A CLASS I.
  (B) THE SOCIAL SERVICES DISTRICT AND/OR THE NEW YORK  CITY  DEPARTMENT
OF  PROBATION SHALL PROVIDE AN ANNUAL REPORT INCLUDING THE DATA REQUIRED
TO CALCULATE THE POPULATION ADJUSTMENT TO THE NEW YORK  CITY  OFFICE  OF
MANAGEMENT AND BUDGET, THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
STATE  DIVISION  OF  THE BUDGET NO LATER THAN THE FIRST DAY OF SEPTEMBER
FOLLOWING THE CLOSE OF THE PREVIOUS JULY FIRST  THROUGH  JUNE  THIRTIETH
PERIOD.
  (B)  THE  DEPARTMENT  OF  FAMILY  ASSISTANCE  IS  AUTHORIZED,  IN  ITS
DISCRETION, TO MAKE ADVANCES TO A SOCIAL  SERVICES  DISTRICT  IN  ANTIC-
IPATION OF THE STATE REIMBURSEMENT PROVIDED FOR IN THIS SECTION.
  (C)  A  SOCIAL  SERVICES  DISTRICT  SHALL CONDUCT ELIGIBILITY DETERMI-
NATIONS FOR FEDERAL AND STATE FUNDING AND SUBMIT CLAIMS  FOR  REIMBURSE-
MENT  IN  SUCH FORM AND MANNER AND AT SUCH TIMES AND FOR SUCH PERIODS AS
THE DEPARTMENT OF FAMILY ASSISTANCE SHALL DETERMINE.
  (D) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR REGULATION OF
THE DEPARTMENT OF FAMILY ASSISTANCE, STATE REIMBURSEMENT  SHALL  NOT  BE
MADE FOR ANY EXPENDITURE MADE FOR THE DUPLICATION OF ANY GRANT OR ALLOW-
ANCE FOR ANY PERIOD.
  (E)  CLAIMS  SUBMITTED BY A SOCIAL SERVICES DISTRICT FOR REIMBURSEMENT
SHALL BE PAID AFTER DEDUCTING ANY EXPENDITURES DEFRAYED BY  FEES,  THIRD
PARTY  REIMBURSEMENT,  AND  ANY NON-TAX LEVY FUNDS INCLUDING ANY DONATED
FUNDS.
  (F) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT REIMBURSE ANY
CLAIMS FOR EXPENDITURES FOR RESIDENTIAL SERVICES THAT ARE SUBMITTED MORE
THAN TWENTY-TWO MONTHS AFTER THE CALENDAR QUARTER IN WHICH THE  EXPENDI-
TURES WERE MADE.
  (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE SHALL NOT BE
RESPONSIBLE  FOR  REIMBURSING  A SOCIAL SERVICES DISTRICT AND A DISTRICT
SHALL NOT SEEK STATE REIMBURSEMENT FOR ANY PORTION OF ANY  STATE  DISAL-

S. 6257--B                         56                         A. 9057--B

LOWANCE  OR  SANCTION TAKEN AGAINST THE SOCIAL SERVICES DISTRICT, OR ANY
FEDERAL DISALLOWANCE ATTRIBUTABLE TO FINAL FEDERAL AGENCY  DECISIONS  OR
TO SETTLEMENTS MADE, WHEN SUCH DISALLOWANCE OR SANCTION RESULTS FROM THE
FAILURE  OF THE SOCIAL SERVICES DISTRICT TO COMPLY WITH FEDERAL OR STATE
REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, FAILURE TO DOCUMENT  ELIGI-
BILITY FOR THE FEDERAL OR STATE FUNDS IN THE CASE RECORD.  TO THE EXTENT
THAT THE SOCIAL SERVICES DISTRICT HAS SUFFICIENT CLAIMS OTHER THAN THOSE
THAT ARE SUBJECT TO DISALLOWANCE OR SANCTION TO DRAW DOWN THE FULL ANNU-
AL  APPROPRIATION,  SUCH  DISALLOWANCE OR SANCTION SHALL NOT RESULT IN A
REDUCTION IN PAYMENT OF STATE FUNDS TO THE DISTRICT UNLESS THE  DISTRICT
REQUESTS  THAT  THE DEPARTMENT USE A PORTION OF THE APPROPRIATION TOWARD
MEETING THE DISTRICT'S RESPONSIBILITY TO REPAY  THE  FEDERAL  GOVERNMENT
FOR THE DISALLOWANCE OR SANCTION AND ANY RELATED INTEREST PAYMENTS.
  (H) RATES FOR RESIDENTIAL SERVICES. (I) THE OFFICE SHALL ESTABLISH THE
RATES,  IN  ACCORDANCE WITH SECTION THREE HUNDRED NINETY-EIGHT-A OF THIS
CHAPTER, FOR ANY NON-SECURE FACILITIES  ESTABLISHED  UNDER  AN  APPROVED
JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE. FOR ANY SUCH NON-SE-
CURE  FACILITY  THAT  WILL  BE  USED  PRIMARILY  BY  THE SOCIAL SERVICES
DISTRICT WITH AN APPROVED CLOSE TO HOME INITIATIVE, FINAL AUTHORITY  FOR
ESTABLISHMENT  OF  SUCH  RATES  AND ANY ADJUSTMENTS THERETO SHALL RESIDE
WITH THE OFFICE, BUT SUCH RATES AND ANY  ADJUSTMENTS  THERETO  SHALL  BE
ESTABLISHED  ONLY  UPON  THE  REQUEST OF, AND IN CONSULTATION WITH, SUCH
SOCIAL SERVICES DISTRICT.
  (II) A SOCIAL SERVICES DISTRICT  WITH  AN  APPROVED  JUVENILE  JUSTICE
SERVICES  CLOSE  TO  HOME  INITIATIVE FOR JUVENILE DELINQUENTS PLACED IN
LIMITED SECURE SETTINGS  SHALL  HAVE  THE  AUTHORITY  TO  ESTABLISH  AND
ADJUST,  ON  AN  ANNUAL  OR REGULAR BASIS, MAINTENANCE RATES FOR LIMITED
SECURE FACILITIES PROVIDING RESIDENTIAL SERVICES UNDER SUCH  INITIATIVE.
SUCH  RATES  SHALL  NOT  BE  SUBJECT  TO THE PROVISIONS OF SECTION THREE
HUNDRED NINETY-EIGHT-A OF THIS CHAPTER BUT SHALL BE SUBJECT  TO  MAXIMUM
COST LIMITS ESTABLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  9.  UPON  APPROVAL OF A SOCIAL SERVICES DISTRICT'S PLAN, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL NOTIFY THE SUPERVISING  FAMILY  COURT
JUDGE  RESPONSIBLE  FOR  THE  FAMILY COURTS SERVING SUCH DISTRICT OF THE
EFFECTIVE DATE AND PLACEMENT SETTINGS COVERED BY THE PLAN.
  (A) BEGINNING ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED PLAN THAT
ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, A FAMILY
COURT JUDGE SERVING IN A COUNTY WHERE SUCH SOCIAL SERVICES  DISTRICT  IS
LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN ADJUDICATED JUVENILE DELIN-
QUENT  IN  THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR PLACEMENT IN A SECURE  OR  LIMITED  SECURE  FACILITY
PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT.
  (B)  BEGINNING  ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED PLAN TO
IMPLEMENT PROGRAMS FOR JUVENILE DELINQUENTS  PLACED  IN  LIMITED  SECURE
SETTINGS,  A  FAMILY  COURT  JUDGE SERVING IN A COUNTY WHERE SUCH SOCIAL
SERVICES DISTRICT IS LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN  ADJU-
DICATED  JUVENILE  DELINQUENT  IN THE CUSTODY OF THE COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES FOR PLACEMENT IN A SECURE FACILI-
TY PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT.
  10. IF THE SOCIAL SERVICES DISTRICT RECEIVES THE NECESSARY APPROVAL TO
IMPLEMENT A CLOSE TO HOME INITIATIVE, THE DISTRICT SHALL  IMPLEMENT  THE
INITIATIVE  IN ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND
REGULATIONS.  IF THE SOCIAL SERVICES  DISTRICT  RECEIVES  THE  NECESSARY
APPROVAL  OF  A  PLAN  FOR JUVENILE DELINQUENTS PLACED IN LIMITED SECURE
SETTINGS, THE OFFICE SHALL PROMULGATE REGULATIONS GOVERNING  THE  OPERA-
TION  OF  SUCH  LIMITED  SECURE  FACILITIES. IF SUCH REGULATIONS ARE NOT

S. 6257--B                         57                         A. 9057--B

ADOPTED PRIOR TO THE DATE  THAT  AN  AUTHORIZED  AGENCY  APPLIES  FOR  A
LICENSE TO OPERATE SUCH A FACILITY, THE FACILITY SHALL BE SUBJECT TO THE
EXISTING  REGULATIONS OF THE OFFICE THAT WOULD APPLY TO THE OPERATION OF
A  FOSTER  CARE  FACILITY  OF THE SAME SIZE; PROVIDED, HOWEVER, THAT THE
OFFICE SHALL BE AUTHORIZED TO GRANT AN EXCEPTION TO THE AUTHORIZED AGEN-
CY, UNTIL SUCH LIMITED SECURE  REGULATIONS  ARE  ADOPTED,  TO  ANY  SUCH
EXISTING  REGULATION THAT THE OFFICE DETERMINES WOULD IMPEDE THE ABILITY
OF THE AUTHORIZED AGENCY TO PROVIDE THE RESTRICTIVE SETTING AND PROGRAMS
NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE  SETTING
IN  ACCORDANCE  WITH THE APPROVED PLAN. ANY LIMITED SECURE FACILITY THAT
IS GRANTED SUCH A WAIVER SHALL COMPLY WITH  ANY  ALTERNATE  REQUIREMENTS
THE  OFFICE  MAY  CONSIDER NECESSARY FOR THE PROTECTION OF THE HEALTH OR
SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY  OR  THE  SURROUNDING
COMMUNITY.
  (A)  THE  INITIATIVE  SHALL  BE  SUBJECT TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES' ONGOING OVERSIGHT AND  MONITORING  INCLUDING,  BUT  NOT
LIMITED  TO:  CASE RECORD REVIEWS; STAFF, FAMILY, AND CLIENT INTERVIEWS;
ON-SITE INSPECTIONS; REVIEW  OF  DATA  REGARDING  PROVIDER  PERFORMANCE,
YOUTH  AND  STAFF SAFETY, AND QUALITY OF CARE, WHICH MUST BE PROVIDED TO
THE OFFICE IN THE FORM AND MANNER AND AT SUCH TIMES AS REQUIRED  BY  THE
OFFICE;  AND  CONTINUED LICENSING AND MONITORING OF THE AUTHORIZED AGEN-
CIES PROVIDING SERVICES UNDER THE PLAN PURSUANT TO THIS CHAPTER.
  (B) THE SOCIAL SERVICES DISTRICT SHALL PROVIDE  EACH  JUVENILE  DELIN-
QUENT  WITH AN APPROPRIATE LEVEL OF SERVICES DESIGNED TO MEET HIS OR HER
INDIVIDUAL NEEDS AND TO ENHANCE PUBLIC  SAFETY  AND  SHALL  PROVIDE  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES WITH SPECIFIC INFORMATION AS
REQUIRED BY THE OFFICE, IN THE FORMAT AND AT SUCH TIMES AS  REQUIRED  BY
SUCH  OFFICE,  ON  THE  YOUTH  PARTICIPATING  IN  THE INITIATIVE AND THE
PROGRAMS SERVING SUCH YOUTH. SUCH INFORMATION SHALL BE PROVIDED  TO  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES ON A MONTHLY BASIS FOR THE FIRST
TWELVE MONTHS IMMEDIATELY FOLLOWING THE IMPLEMENTATION OF  THE  PROGRAMS
FOR  EACH  LEVEL OF CARE AND SHALL BE PROVIDED TO SUCH OFFICE ON A QUAR-
TERLY BASIS THEREAFTER.
  11. THE SOCIAL SERVICES DISTRICT SHALL SUBMIT A REPORT TO  THE  OFFICE
OF CHILDREN AND FAMILY SERVICES ANNUALLY, IN THE FORMAT REQUIRED BY SUCH
OFFICE, DETAILING OVERALL INITIATIVE PERFORMANCE.
  12.  IF THE OFFICE OF CHILDREN AND FAMILY SERVICES DETERMINES THAT THE
SOCIAL SERVICES DISTRICT IS FAILING TO ADEQUATELY PROVIDE FOR THE  JUVE-
NILE  DELINQUENTS PLACED UNDER AN APPROVED PLAN, SUCH OFFICE MAY REQUIRE
THE SOCIAL SERVICES DISTRICT TO SUBMIT A  CORRECTIVE  ACTION  PLAN,  FOR
SUCH  OFFICE'S APPROVAL, DEMONSTRATING HOW IT WILL RECTIFY THE INADEQUA-
CIES. IF THE OFFICE DETERMINES THAT  THE  SOCIAL  SERVICES  DISTRICT  IS
FAILING  TO MAKE SUFFICIENT PROGRESS TOWARDS IMPLEMENTING THE CORRECTIVE
ACTION PLAN IN THE TIME AND MANNER APPROVED BY THE  OFFICE,  THE  OFFICE
SHALL  PROVIDE THE DISTRICT WRITTEN NOTICE OF SUCH DETERMINATION AND THE
BASIS THEREFOR, AND MANDATE THAT THE DISTRICT TAKE ALL NECESSARY ACTIONS
TO IMPLEMENT THE PLAN. IF A DISTRICT HAS FAILED WITHIN A REASONABLE TIME
THEREAFTER TO MAKE PROGRESS IMPLEMENTING ANY REGULATION,  OR  ANY  OTHER
PORTION  OF SUCH PLAN THAT IS INTENDED TO PREVENT IMMINENT DANGER TO THE
HEALTH, SAFETY OR WELFARE OF THE YOUTH BEING SERVED UNDER THE PLAN,  THE
OFFICE  MAY  WITHHOLD  OR  SET  ASIDE A PORTION OF THE FUNDING DUE UNDER
SUBDIVISION EIGHT OF THIS SECTION UNTIL THE DISTRICT  DEMONSTRATES  THAT
SUFFICIENT PROGRESS IS BEING MADE; OR TERMINATE THE DISTRICT'S AUTHORITY
TO  OPERATE  ALL  OR A PORTION OF THE JUVENILE JUSTICE SERVICES CLOSE TO
HOME INITIATIVE, TAKE ALL NECESSARY STEPS TO  ASSUME  CUSTODY  FOR,  AND
PROVIDE  SERVICES  TO,  THE APPLICABLE JUVENILE DELINQUENTS BEING SERVED

S. 6257--B                         58                         A. 9057--B

UNDER THE INITIATIVE, AND DISCONTINUE FUNDS PROVIDED TO THE DISTRICT FOR
SUCH SERVICES. THE OFFICE SHALL NOT WITHHOLD, SET ASIDE  OR  DISCONTINUE
STATE AID TO A DISTRICT UNTIL WRITTEN NOTICE IS GIVEN TO THE COMMISSION-
ER  OF  THE DISTRICT, AND IN THE EVENT FUNDING IS WITHHELD, SET ASIDE OR
DISCONTINUED, THE DISTRICT MAY APPEAL TO THE OFFICE, WHICH SHALL HOLD  A
FAIR  HEARING THEREON IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWEN-
TY-TWO OF THIS CHAPTER RELATING  TO  FAIR  HEARINGS.  THE  DISTRICT  MAY
INSTITUTE  A  PROCEEDING FOR A REVIEW OF THE DETERMINATION OF THE OFFICE
FOLLOWING THE FAIR HEARING PURSUANT  TO  ARTICLE  SEVENTY-EIGHT  OF  THE
CIVIL  PRACTICE LAW AND RULES.  ANY FUNDS WITHHELD, SET ASIDE OR DISCON-
TINUED PURSUANT TO THIS PROVISION SHALL BE APPLIED TO ADDRESS THE  PROB-
LEM  WHICH  WAS THE BASIS FOR SUCH SANCTION.  IF THE OFFICE TERMINATES A
DISTRICT'S AUTHORITY TO  OPERATE  ANY  PORTION  OF  A  JUVENILE  JUSTICE
SERVICES  CLOSE  TO HOME INITIATIVE IN ACCORDANCE WITH THIS SUBDIVISION,
THE OFFICE SHALL NOTIFY THE SUPERVISING FAMILY COURT  JUDGE  RESPONSIBLE
FOR  THE FAMILY COURTS SERVING SUCH DISTRICT OF SUCH TERMINATION AND THE
EFFECTIVE DATE OF SUCH TERMINATION.
  13. ONCE A PLAN BECOMES OPERATIVE PURSUANT TO THIS SECTION, THE SOCIAL
SERVICES DISTRICT SHALL CARRY OUT THE FOLLOWING  FUNCTIONS,  POWERS  AND
DUTIES  WITH RESPECT TO PLACEMENTS OF JUVENILE DELINQUENTS IN ACCORDANCE
WITH THE PROVISIONS OF SUCH PLAN AND ALL APPLICABLE  FEDERAL  AND  STATE
LAWS AND REGULATIONS:
  (A)  TO  ENTER  INTO CONTRACTS WITH AUTHORIZED AGENCIES, AS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER, TO OPERATE AND  MAIN-
TAIN  FACILITIES  AUTHORIZED UNDER SUCH PLAN; SUCH CONTRACTS MAY INCLUDE
SUCH PROGRAM REQUIREMENTS AS DEEMED NECESSARY BY THE DISTRICT;
  (B) TO DETERMINE THE PARTICULAR FACILITY OR PROGRAM IN WHICH  A  JUVE-
NILE  DELINQUENT PLACED WITH THE DISTRICT SHALL BE CARED FOR, BASED UPON
AN EVALUATION OF SUCH JUVENILE DELINQUENT;
  (C) TO TRANSFER A JUVENILE DELINQUENT FROM ONE FACILITY TO  ANY  OTHER
FACILITY,  WHEN  THE INTERESTS OF SUCH JUVENILE DELINQUENT REQUIRES SUCH
ACTION; PROVIDED THAT, IF THE DISTRICT HAS AN APPROVED PLAN TO IMPLEMENT
SERVICES FOR JUVENILE DELINQUENTS PLACED IN LIMITED SECURE  SETTINGS,  A
JUVENILE  DELINQUENT TRANSFERRED TO A NON-SECURE FACILITY FROM A LIMITED
SECURE FACILITY MAY BE RETURNED TO A  LIMITED  SECURE  FACILITY  UPON  A
DETERMINATION  BY  THE DISTRICT THAT, FOR ANY REASON, CARE AND TREATMENT
AT THE NON-SECURE FACILITY IS NO LONGER SUITABLE;
  (D) TO ISSUE A WARRANT FOR THE APPREHENSION AND RETURN OF ANY  RUNAWAY
OR  CONDITIONALLY RELEASED JUVENILE DELINQUENT PLACED WITH THE DISTRICT,
IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND  FAMILY
SERVICES; PROVIDED FURTHER THAT:
  (I)  A  SOCIAL  SERVICES  OFFICIAL, PURSUANT TO THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL ISSUE A  WARRANT  DIRECTED
GENERALLY  TO  ANY  PEACE  OFFICER,  ACTING  PURSUANT  TO SUCH OFFICER'S
SPECIAL DUTIES, OR POLICE OFFICER IN THE STATE FOR THE APPREHENSION  AND
RETURN  OF  ANY  RUNAWAY  OR  CONDITIONALLY RELEASED JUVENILE DELINQUENT
UNDER THE JURISDICTION  OF  THE  DISTRICT  AND  SUCH  WARRANT  SHALL  BE
EXECUTED BY ANY PEACE OFFICER, ACTING PURSUANT TO SUCH OFFICER'S SPECIAL
DUTIES,  OR  POLICE  OFFICER  TO  WHOM  IT  MAY BE DELIVERED; THE SOCIAL
SERVICES DISTRICT ALSO SHALL PROVIDE RELEVANT LAW  ENFORCEMENT  AGENCIES
WITHIN  FORTY-EIGHT  HOURS WITH ANY PHOTOGRAPHS OF ANY RUNAWAY OR CONDI-
TIONALLY RELEASED JUVENILE DELINQUENT FOR  WHOM  A  WARRANT  IS  ISSUED,
TOGETHER WITH ANY PERTINENT INFORMATION RELATIVE TO SUCH JUVENILE DELIN-
QUENT; SUCH PHOTOGRAPHS SHALL REMAIN THE PROPERTY OF THE SOCIAL SERVICES
DISTRICT  AND SHALL BE KEPT CONFIDENTIAL FOR USE SOLELY IN THE APPREHEN-
SION OF SUCH JUVENILE DELINQUENT AND SHALL BE RETURNED PROMPTLY  TO  THE

S. 6257--B                         59                         A. 9057--B

DISTRICT  UPON  APPREHENSION  OF  SUCH  JUVENILE DELINQUENT, OR UPON THE
DEMAND OF THE DISTRICT;
  (II) A SOCIAL SERVICES OFFICIAL SHALL GIVE IMMEDIATE WRITTEN NOTICE TO
THE  FAMILY  COURT  WHEN  ANY JUVENILE DELINQUENT PLACED WITH THE SOCIAL
SERVICES DISTRICT BY ORDER OF SAID FAMILY COURT,  IS  ABSENT  FROM  SUCH
PLACEMENT WITHOUT CONSENT;
  (III)  A  MAGISTRATE  MAY  CAUSE A RUNAWAY OR A CONDITIONALLY RELEASED
JUVENILE DELINQUENT TO BE HELD IN CUSTODY UNTIL RETURNED TO  THE  SOCIAL
SERVICES DISTRICT;
  (E)  (I)  TO CAUSE A JUVENILE DELINQUENT UNDER THE JURISDICTION OF THE
SOCIAL SERVICES DISTRICT WHO RUNS AWAY FROM A  FACILITY,  TO  BE  APPRE-
HENDED  AND RETURNED TO THE SOCIAL SERVICES DISTRICT OR AUTHORIZED AGEN-
CY;
  (II) IF A JUVENILE DELINQUENT UNDER THE  JURISDICTION  OF  THE  SOCIAL
SERVICES  DISTRICT  VIOLATES  ANY  CONDITION OF RELEASE THEREFROM, OR IF
THERE IS A CHANGE OF CIRCUMSTANCES, AND  THE  SOCIAL  SERVICES  DISTRICT
DETERMINES THAT IT WOULD BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS
OF  SAID  JUVENILE  DELINQUENT AND THE NEED TO PROTECT THE COMMUNITY, OR
THAT THERE IS A SUBSTANTIAL LIKELIHOOD  SAID  JUVENILE  DELINQUENT  WILL
COMMIT  AN  ACT THAT WOULD BE A CRIME OR CONSTITUTE A CRIME IF HE OR SHE
WERE AN ADULT, TO CAUSE SAID JUVENILE DELINQUENT TO BE  APPREHENDED  AND
RETURNED  TO  THE  DISTRICT  OR  AUTHORIZED AGENCY PURSUANT TO THE REGU-
LATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
  (III) TO AUTHORIZE AN  EMPLOYEE  DESIGNATED  BY  THE  SOCIAL  SERVICES
DISTRICT,  WITHOUT  A  WARRANT,  TO APPREHEND A RUNAWAY OR CONDITIONALLY
RELEASED JUVENILE DELINQUENT IN ANY COUNTY IN THIS  STATE  WHOSE  RETURN
HAS  BEEN ORDERED BY THE SOCIAL SERVICES DISTRICT, AND RETURN SAID JUVE-
NILE DELINQUENT TO ANY APPROPRIATE SOCIAL SERVICES  DISTRICT,  DETENTION
FACILITY, AUTHORIZED AGENCY OR PROGRAM;
  (F)  PURSUANT  TO THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES, TO DEVELOP AND OPERATE PROGRAMS FOR YOUTH PLACED  OR  REFERRED
TO  THE  DISTRICT OR IN CONJUNCTION WITH AN ORDER PROVIDED IN ACCORDANCE
WITH SECTION 353.6 OF THE FAMILY COURT ACT;
  (G) UPON THE PLACEMENT OF ANY JUVENILE DELINQUENT  EIGHTEEN  YEARS  OF
AGE OR OLDER, OR UPON THE EIGHTEENTH BIRTHDAY OF ANY YOUTH PLACED IN THE
CUSTODY  OF THE SOCIAL SERVICES DISTRICT FOR AN ADJUDICATION OF JUVENILE
DELINQUENCY FOR HAVING COMMITTED AN ACT WHICH IF COMMITTED BY  AN  ADULT
WOULD  CONSTITUTE  A  FELONY,  AND  STILL  IN  THE CUSTODY OF THE SOCIAL
SERVICES DISTRICT, TO NOTIFY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
OF  SUCH  PLACEMENT  OR  BIRTHDAY.   PROVIDED, HOWEVER, IN THE CASE OF A
YOUTH ELEVEN OR TWELVE YEARS OF AGE AT THE TIME THE  ACT  OR  ACTS  WERE
COMMITTED,  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL NOT BE
PROVIDED WITH THE YOUTH'S NAME, UNLESS THE ACTS COMMITTED BY SUCH  YOUTH
WOULD CONSTITUTE A CLASS A OR B FELONY. UPON THE SUBSEQUENT DISCHARGE IT
SHALL BE THE DUTY OF THE SOCIAL SERVICES DISTRICT TO NOTIFY THE DIVISION
OF CRIMINAL JUSTICE SERVICES OF THAT FACT AND THE DATE OF DISCHARGE. FOR
THE  PURPOSES OF THIS PARAGRAPH, A YOUTH'S AGE SHALL BE DETERMINED TO BE
THE AGE STATED IN THE PLACEMENT ORDER;
  (H) TO PROVIDE JUVENILE DELINQUENTS  IN  RESIDENTIAL  PLACEMENTS  WITH
REASONABLE AND APPROPRIATE VISITATION BY FAMILY MEMBERS AND CONSULTATION
WITH  THEIR  LEGAL  REPRESENTATIVE IN ACCORDANCE WITH THE REGULATIONS OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
  (I) TO PROVIDE RESIDENTIAL CARE IN PROGRAMS SUBJECT TO THE REGULATIONS
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, FOR INFANTS  BORN  TO  OR
BEING  NURSED  BY  FEMALE JUVENILE DELINQUENTS PLACED WITH THE DISTRICT;

S. 6257--B                         60                         A. 9057--B

RESIDENTIAL CARE FOR SUCH AN INFANT MAY BE PROVIDED FOR SUCH  PERIOD  OF
TIME AS IS DEEMED DESIRABLE FOR THE WELFARE OF THE MOTHER OR INFANT.
  14. THE FOLLOWING PERSONS SHALL BE AUTHORIZED TO VISIT, AT THEIR PLEA-
SURE,  ALL  PROGRAMS OPERATED BY A SOCIAL SERVICES DISTRICT PURSUANT TO,
OR IN ACCORDANCE WITH THIS SECTION: THE GOVERNOR;  LIEUTENANT  GOVERNOR;
COMPTROLLER; ATTORNEY GENERAL; MEMBERS OF THE LEGISLATURE; JUDGES OF THE
COURT  OF  APPEALS;  JUDGES  FROM SUPREME COURT, FAMILY COURT AND COUNTY
COURTS AND DISTRICT ATTORNEYS, COUNTY ATTORNEYS AND  ATTORNEYS  EMPLOYED
IN  THE OFFICE OF THE CORPORATION COUNSEL HAVING JURISDICTION WITHIN THE
APPLICABLE SOCIAL  SERVICES  DISTRICT  OR  COUNTY  WHERE  A  PROGRAM  IS
LOCATED; AND ANY PERSON OR AGENCY OTHERWISE AUTHORIZED BY STATUTE.
  15.  A JUVENILE DELINQUENT IN THE CARE OF THE SOCIAL SERVICES DISTRICT
WHO ATTENDS PUBLIC SCHOOL WHILE IN RESIDENCE  AT  A  FACILITY  SHALL  BE
DEEMED  A  RESIDENT  OF  THE SCHOOL DISTRICT WHERE THE YOUTH'S PARENT OR
GUARDIAN RESIDES AT THE COMMENCEMENT OF EACH SCHOOL YEAR FOR THE PURPOSE
OF DETERMINING WHICH  SCHOOL  DISTRICT  SHALL  BE  RESPONSIBLE  FOR  THE
YOUTH'S TUITION.
  16.  THE  SOCIAL  SERVICES  DISTRICT  SHALL  BE PERMITTED TO INTERVENE
PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (A)  OF  SECTION  ONE  THOUSAND
TWELVE  OF  THE  CIVIL PRACTICE LAW AND RULES IN ANY ACTION INVOLVING AN
APPEAL FROM A DECISION OF ANY  COURT  OF  THIS  STATE  THAT  RELATES  TO
PROGRAMS,  CONDITIONS  OR  SERVICES  PROVIDED  BY  SUCH  DISTRICT OR ANY
AUTHORIZED AGENCY WITH WHICH THE DISTRICT HAS PLACED A  JUVENILE  DELIN-
QUENT  PURSUANT  TO  THIS  SECTION. WRITTEN NOTICE SHALL BE GIVEN TO THE
CORPORATION COUNSEL OF THE CITY OF NEW YORK OR COUNTY  ATTORNEY  BY  THE
PARTY TAKING THE APPEAL.
  17.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE SOCIAL
SERVICES DISTRICT MAY DELAY  ACCEPTANCE  OF  A  JUVENILE  DELINQUENT  IN
DETENTION WHO IS PLACED IN THE DISTRICT'S CUSTODY IN ACCORDANCE WITH THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  18.  NO  ORDER THAT PLACES A JUVENILE DELINQUENT IN THE CUSTODY OF THE
SOCIAL SERVICES DISTRICT THAT RECITES THE FACTS UPON WHICH IT  IS  BASED
SHALL  BE  DEEMED OR HELD TO BE INVALID BY REASON OF ANY IMPERFECTION OR
DEFECT IN FORM.
  S 2. Section 351.1 of the family court act is amended by adding a  new
subdivision 2-a to read as follows:
  2-A.  (A) IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
JUSTICE SERVICES CLOSE TO  HOME  INITIATIVE  PURSUANT  TO  SECTION  FOUR
HUNDRED  FOUR OF THE SOCIAL SERVICES LAW, THE LOCAL PROBATION DEPARTMENT
SHALL DEVELOP AND SUBMIT TO THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
FOR PRIOR APPROVAL A VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
MENT  AND  ANY  RISK ASSESSMENT PROCESS.   SUCH DEPARTMENT SHALL PERIOD-
ICALLY REVALIDATE ANY APPROVED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
MENT.   THE   DEPARTMENT   SHALL   CONSPICUOUSLY   POST   ANY   APPROVED
PRE-DISPOSITIONAL  RISK ASSESSMENT INSTRUMENT AND PROCESS ON ITS WEBSITE
AND SHALL CONFER WITH APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMIT-
ED TO, ATTORNEYS FOR  CHILDREN,  PRESENTMENT  AGENCIES  AND  THE  FAMILY
COURT, PRIOR TO REVISING ANY VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT
INSTRUMENT  OR  PROCESS.  ANY  REVISED PRE-DISPOSITIONAL RISK ASSESSMENT
INSTRUMENT SHALL BE SUBJECT TO PERIODIC EMPIRICAL VALIDATION AND TO  THE
APPROVAL  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE DEPARTMENT
SHALL PROVIDE TRAINING ON THE APPROVED INSTRUMENT AND ANY APPROVED PROC-
ESS TO THE APPLICABLE  FAMILY  COURTS,  PRESENTMENT  AGENCY,  AND  COURT
APPOINTED ATTORNEYS FOR RESPONDENTS.
  (B)  ONCE AN INITIAL VALIDATED RISK ASSESSMENT INSTRUMENT AND ANY RISK
ASSESSMENT PROCESS HAVE BEEN APPROVED BY  THE  OFFICE  OF  CHILDREN  AND

S. 6257--B                         61                         A. 9057--B

FAMILY  SERVICES  IN  CONSULTATION WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES, THE LOCAL PROBATION DEPARTMENT SHALL  PROVIDE  THE  APPLICABLE
SUPERVISING FAMILY COURT JUDGE WITH A COPY OF THE VALIDATED RISK ASSESS-
MENT  INSTRUMENT  AND  ANY  SUCH  PROCESS ALONG WITH THE LETTER FROM THE
OFFICE OF CHILDREN AND FAMILY  SERVICES  APPROVING  THE  INSTRUMENT  AND
PROCESS,  IF  APPLICABLE, AND INDICATING THE DATE THE INSTRUMENT AND ANY
SUCH PROCESS SHALL BE EFFECTIVE, PROVIDED THAT SUCH EFFECTIVE DATE SHALL
BE AT LEAST THIRTY DAYS AFTER SUCH NOTIFICATION.
  (C) COMMENCING ON THE EFFECTIVE DATE OF A VALIDATED  PRE-DISPOSITIONAL
RISK ASSESSMENT INSTRUMENT AND ANY APPROVED PROCESS AND THEREAFTER, EACH
PROBATION  INVESTIGATION  ORDERED  UNDER SUBDIVISION TWO OF THIS SECTION
SHALL INCLUDE THE RESULTS  OF  THE  VALIDATED  RISK  ASSESSMENT  OF  THE
RESPONDENT  AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED IN
ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS
RECEIVED AND GIVEN DUE CONSIDERATION TO THE RESULTS  OF  SUCH  VALIDATED
RISK  ASSESSMENT AND ANY APPROVED PROCESS AND MADE THE FINDINGS REQUIRED
PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF SECTION  352.2  OF  THIS
PART.
  (D)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA
NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT  INSTRU-
MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION
ADMINISTRATIONS,  DETENTION  PROVIDERS,  PRESENTMENT  AGENCIES,  AND THE
ATTORNEY FOR THE CHILD UPON RETENTION  OR  APPOINTMENT  SOLELY  FOR  THE
PURPOSE  OF  ACCURATE  COMPLETION  OF SUCH RISK ASSESSMENT INSTRUMENT. A
COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL
BE MADE AVAILABLE TO THE APPLICABLE COURT.
  (E) THE LOCAL PROBATION DEPARTMENT SHALL PROVIDE THE DIVISION OF CRIM-
INAL JUSTICE SERVICES WITH INFORMATION REGARDING THE USE OF THE PRE-DIS-
POSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN
THE TIME AND  MANNER  REQUIRED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.  THE  DIVISION  MAY REQUIRE THAT SUCH DATA BE SUBMITTED TO THE
DIVISION ELECTRONICALLY. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 3. Subdivision 2 of section 352.2 of the family court act is amended
by adding a new paragraph (f) to read as follows:
  (F)(1) IN A SOCIAL SERVICES DISTRICT OPERATING  AN  APPROVED  JUVENILE
JUSTICE  SERVICES  CLOSE  TO  HOME  INITIATIVE  PURSUANT TO SECTION FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW,  ONCE  THE  SUPERVISING  FAMILY
COURT  JUDGE  RECEIVES  NOTICE THAT A RISK ASSESSMENT INSTRUMENT AND ANY
RISK ASSESSMENT PROCESS HAVE BEEN APPROVED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES PURSUANT TO SUBDIVISION TWO-A OF SECTION 351.1  OF  THIS
PART, THE COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF THE VALI-
DATED  RISK ASSESSMENT AND ANY SUCH PROCESS PROVIDED TO THE COURT PURSU-
ANT TO SUCH SUBDIVISION WHEN DETERMINING THE APPROPRIATE DISPOSITION FOR
THE RESPONDENT.
  (2) ANY ORDER OF THE COURT DIRECTING THE  PLACEMENT  OF  A  RESPONDENT
INTO A RESIDENTIAL PROGRAM SHALL STATE:
  (I)  THE LEVEL OF RISK THE YOUTH WAS ASSESSED AT PURSUANT TO THE VALI-
DATED RISK ASSESSMENT INSTRUMENT; AND
  (II) IF A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL  OF
PLACEMENT  THAN  APPEARS WARRANTED BASED ON SUCH RISK ASSESSMENT INSTRU-
MENT AND ANY APPROVED RISK ASSESSMENT PROCESS,  THE  PARTICULAR  REASONS
WHY  SUCH PLACEMENT WAS DETERMINED TO BE NECESSARY FOR THE PROTECTION OF
THE COMMUNITY AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS  OF
THE RESPONDENT; AND

S. 6257--B                         62                         A. 9057--B

  (III)  THAT  A  LESS  RESTRICTIVE ALTERNATIVE THAT WOULD BE CONSISTENT
WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT  AND  THE  NEED  FOR
PROTECTION OF THE COMMUNITY IS NOT AVAILABLE.
  S  4. Section 353.3 of the family court act is amended by adding a new
subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRA-
RY,  IN A DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE  SOCIAL
SERVICES LAW:
  (A)  BEGINNING  ON  THE EFFECTIVE DATE OF THE DISTRICT'S APPROVED PLAN
THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE
COURT MAY ONLY PLACE THE RESPONDENT:
  (I) IN THE CUSTODY OF THE COMMISSIONER OF THE  LOCAL  SOCIAL  SERVICES
DISTRICT FOR PLACEMENT IN A NON-SECURE LEVEL OF CARE; OR
  (II)  IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR PLACEMENT IN A LIMITED SECURE  OR  SECURE  LEVEL  OF
CARE; AND
  (B) BEGINNING ON THE EFFECTIVE DATE OF THE DISTRICT'S APPROVED PLAN TO
IMPLEMENT  PROGRAMS  FOR  YOUTH  PLACED  IN LIMITED SECURE SETTINGS, THE
COURT MAY ONLY PLACE THE RESPONDENT:
  (I) IN THE CUSTODY OF THE COMMISSIONER OF THE  LOCAL  SOCIAL  SERVICES
DISTRICT FOR PLACEMENT IN:
  (A) A NON-SECURE LEVEL OF CARE;
  (B) A LIMITED SECURE LEVEL OF CARE; OR
  (C) EITHER A NON-SECURE OR LIMITED SECURE LEVEL OF CARE, AS DETERMINED
BY SUCH COMMISSIONER; OR
  (II)  IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR PLACEMENT IN A SECURE LEVEL OF CARE.
  S 5. Subdivision 9 of 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:
  9. If the court places a respondent with the office  of  children  and
family  services,  OR  IN  A  LIMITED  SECURE  LEVEL OF CARE IN A SOCIAL
SERVICES DISTRICT WITH AN APPROVED PLAN TO IMPLEMENT A JUVENILE  JUSTICE
SERVICES CLOSE TO HOME INITIATIVE UNDER SECTION FOUR HUNDRED FOUR OF THE
SOCIAL  SERVICES  LAW,  pursuant to this section after finding that such
[child] RESPONDENT committed a felony, the court may, in its discretion,
further order that such respondent shall be confined  in  a  residential
facility  for  a  minimum  period  set  by  the order, not to exceed six
months.
  S 6. Subdivisions 4 and 5 of section 353.5 of the family court act, as
added by chapter 920 of the laws of 1982, subparagraph (i) of  paragraph
(a)  of  subdivision 4 and subparagraph (i) of paragraph (a) of subdivi-
sion 5 as amended by chapter 419 of the laws of 1987, subparagraph  (iv)
of paragraph (a) of subdivision 4 and subparagraph (iv) of paragraph (a)
of  subdivision  5  as amended by chapter 687 of the laws of 1993, para-
graphs (b) and (d) of subdivision 4 and paragraph (d) of  subdivision  5
as  amended  by  chapter 398 of the laws of 1983, are amended to read as
follows:
  4. When the order is for a restrictive placement  in  the  case  of  a
youth found to have committed a designated class A felony act,
  (a) the order shall provide that:
  (i)  the  respondent  shall  be  placed  with the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES for an  initial  period  of  five
years.  If the respondent has been in detention pending disposition, the
initial period of placement ordered under this section shall be credited

S. 6257--B                         63                         A. 9057--B

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.
  (ii)  the  respondent shall initially be confined in a secure facility
for a period set by the order, to be not less than twelve nor more  than
eighteen  months provided, however, where the order of the court is made
in compliance with subdivision five  OF  THIS  SECTION,  the  respondent
shall initially be confined in a secure facility for eighteen months.
  (iii)  after  the  period set under [clause] SUBPARAGRAPH (ii) OF THIS
PARAGRAPH, the respondent shall be placed in a residential facility  for
a period of twelve months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS
BEEN  PLACED FROM A FAMILY COURT IN A SOCIAL SERVICES DISTRICT OPERATING
AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE  PURSUANT
TO  SECTION  FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME
FRAMES IN SUBPARAGRAPH (II) OF THIS PARAGRAPH ARE MET:
  (A) BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL  SERVICES
DISTRICT'S  PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SE-
CURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES  CONCLUDES,
BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
PROTECTION  FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS APPRO-
PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO
PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO
HAVE THE RESPONDENT PLACED WITH THE  APPLICABLE  LOCAL  COMMISSIONER  OF
SOCIAL SERVICES; AND
  (B)  BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL SERVICES
DISTRICT'S PLAN THAT  COVERS  JUVENILE  DELINQUENTS  PLACED  IN  LIMITED
SECURE   SETTINGS,  IF  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
CONCLUDES, BASED ON THE NEEDS AND BEST INTERESTS OF THE  RESPONDENT  AND
THE  NEED FOR PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED
SECURE LEVEL OF CARE IS APPROPRIATE  FOR  THE  RESPONDENT,  SUCH  OFFICE
SHALL  FILE  A  PETITION PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION
TWO OF SECTION 355.1 OF THIS PART TO HAVE THE RESPONDENT PLACED WITH THE
APPLICABLE LOCAL COMMISSIONER OF SOCIAL SERVICES.
  (C) IF THE RESPONDENT IS PLACED WITH THE LOCAL COMMISSIONER OF  SOCIAL
SERVICES  IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH, THE
REMAINDER OF THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO  APPLY  TO
THE RESPONDENT'S PLACEMENT.
  (iv)  the  respondent  may  not  be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided in [clause] SUBPARAGRAPH (ii) of this paragraph,  nor  may  the
respondent  be  released  from  a residential facility during the period
provided in [clause] SUBPARAGRAPH (iii) OF  THIS  PARAGRAPH.    No  home
visits shall be permitted during the period of secure confinement set by
the  court  order  or  one year, whichever is less, except for emergency
visits for medical treatment or severe illness or death in  the  family.
All  home  visits  must be accompanied home visits: (A) while a youth is
confined in a secure facility, whether such confinement is pursuant to a
court order or otherwise; (B) while a youth is confined in a residential
facility other than a secure facility within six months  after  confine-
ment  in a secure facility; and (C) while a youth is confined in a resi-
dential facility other than a secure facility in excess  of  six  months
after  confinement  in  a  secure  facility  unless two accompanied home
visits have already occurred.  An "accompanied home visit" shall mean  a
home  visit  during  which  the  youth shall be accompanied at all times
while outside the secure or residential facility by appropriate  person-

S. 6257--B                         64                         A. 9057--B

nel of the [division for youth designated pursuant to regulations of the
director  of the division] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF
APPLICABLE, A LOCAL SOCIAL SERVICES DISTRICT WHICH OPERATES AN  APPROVED
JUVENILE  JUSTICE  SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION
FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  (b) Notwithstanding any other  provision  of  law,  during  the  first
twelve months of the respondent's placement, no motion, hearing or order
may be made, held or granted pursuant to section 355.1; provided, howev-
er,  that  during  such  period a motion to vacate the order may be made
pursuant to [355.1] SUCH SECTION, but only upon  grounds  set  forth  in
section 440.10 of the criminal procedure law.
  (c) During the placement or any extension thereof:
  (i)  after  the expiration of the period provided in [clause] SUBPARA-
GRAPH (iii) of paragraph (a) OF THIS SUBDIVISION, the  respondent  shall
not be released from a residential facility without the written approval
of  the  [director  of  the  division for youth or his designated deputy
director] OFFICE OF CHILDREN AND FAMILY SERVICES OR,  IF  APPLICABLE,  A
SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW.
  (ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.
  (iii) the respondent shall not be discharged from the custody  of  the
[division  for  youth]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES OR, IF
APPLICABLE, A SOCIAL SERVICES DISTRICT OPERATING  AN  APPROVED  JUVENILE
JUSTICE  SERVICES  CLOSE  TO  HOME  INITIATIVE  PURSUANT TO SECTION FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW, unless a motion therefor  under
section  355.1  is  granted by the court, which motion shall not be made
prior to the expiration of three years of the placement.
  (iv) unless otherwise specified in the order, the [division] OFFICE OF
CHILDREN AND FAMILY  SERVICES  OR,  IF  APPLICABLE,  A  SOCIAL  SERVICES
DISTRICT  OPERATING  AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME
INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL  SERVICES
LAW  shall  report  in writing to the court not less than once every six
months during the placement on the status, adjustment  and  progress  of
the respondent.
  (d)  Upon  the  expiration  of the initial period of placement, or any
extension thereof, the placement may  be  extended  in  accordance  with
section  355.3  on  a  petition of any party or the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES,  OR,  IF  APPLICABLE,  A  SOCIAL
SERVICES  DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE  SOCIAL
SERVICES  LAW,  after  a dispositional hearing, for an additional period
not to exceed twelve months, but no initial placement  or  extension  of
placement  under this section may continue beyond the respondent's twen-
ty-first birthday.
  (e) The court may also make an order pursuant to  subdivision  two  of
section 353.4.
  5.  When  the  order  is  for a restrictive placement in the case of a
youth found to have committed a designated  felony  act,  other  than  a
designated class A felony act,
  (a) the order shall provide that:
  (i)  the  respondent  shall  be  placed  with the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES for an initial  period  of  three
years.  If the respondent has been in detention pending disposition, the
initial period of placement ordered under this section shall be credited

S. 6257--B                         65                         A. 9057--B

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.
  (ii)  the  respondent shall initially be confined in a secure facility
for a period set by the order, to be not less than  six  nor  more  than
twelve months.
  (iii)  after  the  period set under [clause] SUBPARAGRAPH (ii) OF THIS
PARAGRAPH, the respondent shall be placed in a residential facility  for
a  period set by the order, to be not less than six nor more than twelve
months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS BEEN PLACED FROM A
FAMILY COURT IN A SOCIAL SERVICES DISTRICT OPERATING AN  APPROVED  JUVE-
NILE  JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME FRAMES IN SUBPAR-
AGRAPH (II) OF THIS PARAGRAPH ARE MET:
  (A) BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL  SERVICES
DISTRICT'S  PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SE-
CURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES  CONCLUDES,
BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
PROTECTION  FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS APPRO-
PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO
PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO
HAVE THE RESPONDENT PLACED WITH THE  APPLICABLE  LOCAL  COMMISSIONER  OF
SOCIAL SERVICES; AND
  (B)  BEGINNING  ON  THE  EFFECTIVE  DATE  OF  SUCH  A  SOCIAL SERVICES
DISTRICT'S PLAN TO IMPLEMENT PROGRAMS FOR YOUTH PLACED IN LIMITED SECURE
SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES, BASED
ON THE NEEDS AND BEST INTERESTS OF  THE  RESPONDENT  AND  THE  NEED  FOR
PROTECTION  FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED SECURE LEVEL
OF CARE IS APPROPRIATE FOR THE RESPONDENT,  SUCH  OFFICE  SHALL  FILE  A
PETITION  PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION
355.1 OF THIS PART TO HAVE THE RESPONDENT  PLACED  WITH  THE  APPLICABLE
LOCAL COMMISSIONER OF SOCIAL SERVICES.
  (C)  IF  THE  RESPONDENT IS PLACED WITH A LOCAL COMMISSIONER OF SOCIAL
SERVICES IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH,  THE
REMAINDER  OF  THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO APPLY TO
THE RESPONDENT'S PLACEMENT.
  (iv) the respondent may not be released  from  a  secure  facility  or
transferred to a facility other than a secure facility during the period
provided  by  the  court  pursuant to [clause] SUBPARAGRAPH (ii) OF THIS
PARAGRAPH, nor may the respondent be released from a residential facili-
ty during the period provided by the court pursuant to [clause] SUBPARA-
GRAPH (iii) OF THIS PARAGRAPH.  No home visits shall be permitted during
the period of secure confinement set by the court  order  or  one  year,
whichever  is less, except for emergency visits for medical treatment or
severe illness or death in the family.  All home visits must be accompa-
nied home visits:  (A) while a youth is confined in a  secure  facility,
whether  such confinement is pursuant to a court order or otherwise; (B)
while a youth is confined in a residential facility other than a  secure
facility  within  six months after confinement in a secure facility; and
(C) while a youth is confined in a residential  facility  other  than  a
secure  facility  in  excess of six months after confinement in a secure
facility unless two accompanied home visits have  already  occurred.  An
"accompanied  home visit" shall mean a home visit during which the youth
shall be accompanied at all times while outside the secure  or  residen-
tial facility by appropriate personnel of the [division for youth desig-

S. 6257--B                         66                         A. 9057--B

nated pursuant to regulations of the director of the division] OFFICE OF
CHILDREN  AND  FAMILY  SERVICES  OR,  IF  APPLICABLE,  A SOCIAL SERVICES
DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE CLOSE TO HOME INITIATIVE
PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  (b)  Notwithstanding  any other provision of law, during the first six
months of the respondent's placement, no motion, hearing or order may be
made, held or granted pursuant to section 355.1; provided, however, that
during such period a motion to vacate the order may be made pursuant  to
such  section,  but only upon grounds set forth in section 440.10 of the
criminal procedure law.
  (c) During the placement or any extension thereof:
  (i) after the expiration of the period provided in  [clause]  SUBPARA-
GRAPH  (iii)  of paragraph (a) OF THIS SUBDIVISION, the respondent shall
not be released from a residential facility without the written approval
of the [director of the division for  youth  or  his  designated  deputy
director]  OFFICE  OF  CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A
SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED  FOUR  OF  THE
SOCIAL SERVICES LAW.
  (ii) the respondent shall be subject to intensive supervision whenever
not in a secure or residential facility.
  (iii)  the  respondent shall not be discharged from the custody of the
[division for youth] OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  OR,  IF
APPLICABLE,  A  SOCIAL  SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
JUSTICE SERVICES CLOSE TO  HOME  INITIATIVE  PURSUANT  TO  SECTION  FOUR
HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  (iv) unless otherwise specified in the order, the [division] OFFICE OF
CHILDREN  AND  FAMILY  SERVICES  OR,  IF  APPLICABLE,  A SOCIAL SERVICES
DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE  TO  HOME
INITIATIVE  PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES
LAW, shall report in writing to the court not less than once  every  six
months  during  the  placement on the status, adjustment and progress of
the respondent.
  (d) Upon the expiration of the initial  period  of  placement  or  any
extension  thereof,  the  placement  may  be extended in accordance with
section 355.3 upon petition of any party or  the  [division  for  youth]
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  OR, IF APPLICABLE, A SOCIAL
SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES  CLOSE
TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
SERVICES LAW, after a dispositional hearing, for  an  additional  period
not  to  exceed  twelve months, but no initial placement or extension of
placement under this section may continue beyond the respondent's  twen-
ty-first birthday.
  (e)  The  court  may also make an order pursuant to subdivision two of
section 353.4.
  S 7. Subdivision 8 of section 353.5 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:
  8. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OR,
IF  APPLICABLE, THE SOCIAL SERVICES DISTRICT OPERATING AN APPROVED CLOSE
TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE  SOCIAL
SERVICES  LAW, shall retain the power to continue the confinement of the
youth in a secure or other residential facility, AS  APPLICABLE,  beyond
the periods specified by the court, within the term of the placement.
  S  8. Subdivision 2 of section 355.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:

S. 6257--B                         67                         A. 9057--B

  2. An order issued under section 353.3,  may,  upon  a  showing  of  a
substantial  change of circumstances, be set aside, modified, vacated or
terminated upon motion of the commissioner of  social  services  or  the
[division  for  youth]  OFFICE OF CHILDREN AND FAMILY SERVICES with whom
the respondent has been placed.
  (A)(I)  FOR  A SOCIAL SERVICES DISTRICT THAT ONLY HAS AN APPROVED PLAN
TO IMPLEMENT PROGRAMS FOR  JUVENILE  DELINQUENTS  PLACED  IN  NON-SECURE
SETTINGS  AS PART OF AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME
INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL  SERVICES
LAW,  BEGINNING  ON  THE  EFFECTIVE  DATE  OF THAT PLAN, IF THE DISTRICT
DETERMINES THAT A HIGHER LEVEL OF PLACEMENT IS APPROPRIATE AND  CONSIST-
ENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS AND BEST
INTERESTS  OF  THE  RESPONDENT PLACED INTO ITS CARE, THE SOCIAL SERVICES
DISTRICT SHALL FILE A PETITION TO TRANSFER THE CUSTODY OF THE RESPONDENT
TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND SHALL PROVIDE A  COPY
OF  SUCH  PETITION  TO  SUCH  OFFICE.  THE COURT SHALL RENDER A DECISION
WHETHER THE JUVENILE DELINQUENT SHOULD  BE  TRANSFERRED  TO  THE  OFFICE
WITHIN  SEVENTY-TWO  HOURS,  EXCLUDING WEEKENDS AND PUBLIC HOLIDAYS. THE
FAMILY COURT SHALL, AFTER ALLOWING THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  AN  OPPORTUNITY TO BE HEARD, GRANT SUCH A PETITION ONLY IF THE
COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER,  THE  REASONS  WHY  A
LIMITED  SECURE OR SECURE LEVEL OF PLACEMENT IS NECESSARY AND CONSISTENT
WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT  AND  THE  NEED  FOR
PROTECTION OF THE COMMUNITY.
  (II)  FOR A SOCIAL SERVICES DISTRICT WITH AN APPROVED PLAN OR APPROVED
PLANS THAT COVER JUVENILE DELINQUENTS PLACED IN NON-SECURE AND IN LIMIT-
ED SECURE SETTINGS AS PART OF  AN  APPROVED  JUVENILE  JUSTICE  SERVICES
CLOSE  TO  HOME  INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, BEGINNING ON THE EFFECTIVE DATE OF  THE  PLAN  THAT
COVERS  JUVENILE  DELINQUENTS  PLACED IN LIMITED SECURE SETTINGS, IF THE
DISTRICT DETERMINES THAT A SECURE LEVEL OF PLACEMENT IS APPROPRIATE  AND
CONSISTENT  WITH  THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS
AND BEST INTERESTS OF THE RESPONDENT PLACED INTO ITS  CARE,  THE  SOCIAL
SERVICES  DISTRICT  SHALL FILE A PETITION TO TRANSFER THE CUSTODY OF THE
RESPONDENT TO THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  AND  SHALL
PROVIDE A COPY OF SUCH PETITION TO SUCH OFFICE. THE COURT SHALL RENDER A
DECISION  WHETHER  THE  YOUTH  SHOULD  BE TRANSFERRED WITHIN SEVENTY-TWO
HOURS, EXCLUDING WEEKENDS AND PUBLIC HOLIDAYS. THE FAMILY  COURT  SHALL,
AFTER ALLOWING THE OFFICE OF CHILDREN AND FAMILY SERVICES AN OPPORTUNITY
TO  BE  HEARD,  GRANT  SUCH A PETITION ONLY IF THE COURT DETERMINES, AND
STATES IN ITS WRITTEN ORDER, THAT THE YOUTH  NEEDS  A  SECURE  LEVEL  OF
PLACEMENT BECAUSE:
  (A)  THE  RESPONDENT  HAS  BEEN SHOWN TO BE EXCEPTIONALLY DANGEROUS TO
HIMSELF OR HERSELF OR TO OTHER PERSONS. EXCEPTIONALLY DANGEROUS BEHAVIOR
MAY INCLUDE, BUT IS NOT LIMITED TO,  ONE  OR  MORE  SERIOUS  INTENTIONAL
ASSAULTS, SEXUAL ASSAULTS OR SETTING FIRES; OR,
  (B)  THE  RESPONDENT HAS DEMONSTRATED BY A PATTERN OF BEHAVIOR THAT HE
OR SHE NEEDS A MORE STRUCTURED SETTING AND THE SOCIAL SERVICES  DISTRICT
HAS  CONSIDERED THE APPROPRIATENESS AND AVAILABILITY OF A TRANSFER TO AN
ALTERNATIVE NON-SECURE OR LIMITED SECURE  FACILITY.  SUCH  BEHAVIOR  MAY
INCLUDE,  BUT  IS  NOT  LIMITED  TO:  DISRUPTIONS  IN FACILITY PROGRAMS;
CONTINUOUSLY AND MALICIOUSLY DESTROYING PROPERTY; OR, REPEATEDLY COMMIT-
TING OR INCITING OTHER YOUTH TO COMMIT ASSAULTIVE OR DESTRUCTIVE ACTS.
  (III) THE COURT MAY ORDER THAT THE RESPONDENT BE  HOUSED  IN  A  LOCAL
SECURE  DETENTION  FACILITY ON AN INTERIM BASIS PENDING ITS FINAL RULING
ON THE PETITION FILED PURSUANT TO THIS PARAGRAPH.

S. 6257--B                         68                         A. 9057--B

  (B) THE FOLLOWING PROVISIONS SHALL APPLY IF THE OFFICE OF CHILDREN AND
FAMILY SERVICES FILES A  PETITION  WITH  A  FAMILY  COURT  IN  A  SOCIAL
SERVICES  DISTRICT  WITH  AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO
HOME INITIATIVE PURSUANT TO SECTION FOUR  HUNDRED  FOUR  OF  THE  SOCIAL
SERVICES LAW TO TRANSFER, WITHIN THE FIRST NINETY DAYS THAT SUCH PLAN IS
EFFECTIVE,  TO  SUCH  DISTRICT  A RESPONDENT PLACED IN THE OFFICE'S CARE
PURSUANT TO EITHER SECTION 353.3 OR 353. 5 OF THIS PART:
  (I) IF THE DISTRICT ONLY HAS AN APPROVED  PLAN  THAT  COVERS  JUVENILE
DELINQUENTS  PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL GRANT
SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY FOR THE RESPOND-
ENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT NEEDS TO BE
PLACED IN A LIMITED SECURE OR SECURE SETTING OR THE FAMILY COURT  DETER-
MINES  THAT  THERE  IS INSUFFICIENT INFORMATION IN THE PETITION TO GRANT
THE TRANSFER WITHOUT A HEARING. THE FAMILY COURT SHALL GRANT  THE  PETI-
TION  UNLESS  THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE
REASONS WHY A SECURE  OR  LIMITED  SECURE  PLACEMENT  IS  NECESSARY  AND
CONSISTENT  WITH  THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE
NEED FOR PROTECTION OF THE COMMUNITY.
  (II) IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER
JUVENILE  DELINQUENTS  PLACED  IN  NON-SECURE  AND  IN  LIMITED   SECURE
SETTINGS,  FOR  THE FIRST NINETY DAYS THAT THE PLAN THAT COVERS JUVENILE
DELINQUENTS IN LIMITED SECURE SETTINGS IS EFFECTIVE,  THE  FAMILY  COURT
SHALL  GRANT SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY FOR
THE RESPONDENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE  RESPONDENT
NEEDS  TO  BE  PLACED IN A SECURE SETTING OR THE FAMILY COURT DETERMINES
THAT THERE IS INSUFFICIENT INFORMATION IN  THE  PETITION  TO  GRANT  THE
TRANSFER  WITHOUT  A  HEARING. THE FAMILY COURT SHALL GRANT THE PETITION
UNLESS THE COURT DETERMINES,  AND  STATES  IN  ITS  WRITTEN  ORDER,  THE
REASONS  WHY  A  SECURE  PLACEMENT  IS NECESSARY AND CONSISTENT WITH THE
NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED  FOR  PROTECTION
OF THE COMMUNITY.
  (C)  BEGINNING  NINETY-ONE  DAYS  AFTER  THE  EFFECTIVE  DATE A SOCIAL
SERVICES DISTRICT'S PLAN TO  IMPLEMENT  PROGRAMS  FOR  JUVENILE  JUSTICE
SERVICES  CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR
OF THE SOCIAL SERVICES  LAW,  IF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  FILES  A  PETITION  TO  TRANSFER TO SUCH DISTRICT A RESPONDENT
PLACED IN THE OFFICE'S CARE PURSUANT TO EITHER SECTION 353.3 OR 353.5 OF
THIS PART FROM A FAMILY COURT IN SUCH A SOCIAL  SERVICES  DISTRICT,  THE
OFFICE  SHALL  PROVIDE  A  COPY  OF  THE PETITION TO THE SOCIAL SERVICES
DISTRICT AND THE PRESENTMENT AGENCY.
  (I) IF THE DISTRICT ONLY HAS AN APPROVED  PLAN  THAT  COVERS  JUVENILE
DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL, AFTER
ALLOWING  THE  SOCIAL  SERVICES  DISTRICT  AND THE PRESENTMENT AGENCY AN
OPPORTUNITY TO BE HEARD, GRANT A PETITION FILED PURSUANT TO THIS SUBPAR-
AGRAPH UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE
REASONS WHY A SECURE  OR  LIMITED  SECURE  PLACEMENT  IS  NECESSARY  AND
CONSISTENT  WITH  THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE
NEED FOR PROTECTION OF THE COMMUNITY.
  (II) IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER
JUVENILE DELINQUENTS PLACED IN NON-SECURE AND LIMITED  SECURE  SETTINGS,
BEGINNING  NINETY-ONE  DAYS  AFTER  THE  EFFECTIVE DATE OF THE PLAN THAT
COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, THE FAMI-
LY COURT, AFTER ALLOWING THE SOCIAL SERVICES DISTRICT AND  THE  PRESENT-
MENT  AGENCY  AN  OPPORTUNITY  TO BE HEARD, SHALL GRANT A PETITION FILED
PURSUANT TO THIS SUBPARAGRAPH, UNLESS THE COURT DETERMINES,  AND  STATES
IN  ITS  WRITTEN  ORDER, THE REASONS WHY A SECURE PLACEMENT IS NECESSARY

S. 6257--B                         69                         A. 9057--B

AND CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE  RESPONDENT  AND
THE NEED FOR PROTECTION OF THE COMMUNITY.
  S  9. Subdivision 1 of section 355.5 of the family court act, as added
by chapter 7 of the laws of 1999, is amended to read as follows:
  1. For the purposes of this section  the  term  "non-secure  facility"
means  a facility operated by an authorized agency in accordance with an
operating certificate issued pursuant to the social services  law  or  a
facility[,  not  including  a secure or limited secure facility,] with a
capacity of twenty-five beds or less operated by the office of  children
and  family services in accordance with section five hundred four of the
executive law. THE TERM SHALL NOT INCLUDE A LIMITED SECURE OR  A  SECURE
FACILITY  OPERATED  BY  THE  OFFICE OF CHILDREN AND FAMILY SERVICES OR A
LIMITED SECURE FACILITY WITHIN A SOCIAL SERVICES DISTRICT  OPERATING  AN
APPROVED  JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO
SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
  S 10. Notwithstanding any other provision of law to the contrary,  the
state shall be authorized to lease to the city of New York, for a dollar
a  year, any real property utilized for the care, maintenance and super-
vision of adjudicated juvenile delinquents for use by a social  services
district  pursuant  to  an approved plan for a juvenile justice services
close to home initiative for the purpose of  carrying  out  any  powers,
functions or duties described in section four hundred four of the social
services  law,  or any other provision of this act. The city of New York
shall be responsible for the all costs  associated  with  operating  and
maintaining  such  real  property other than any debt services costs for
such property that were in existence when the lease was executed. Appli-
cable state officials shall be authorized to make  announced  and  unan-
nounced  inspections  of  the  property to determine whether it is being
maintained in an appropriate manner. The  city  of  New  York  shall  be
responsible  for making any repairs to such leased property necessary to
maintain the property in at least as good as condition as  it  was  when
the  property was first leased to the city, allowing for normal wear and
tear, and shall return the property to the state, when the lease ends or
is terminated, in the same or better condition than the property was  in
at  the  time  the  lease was first executed, aside from normal wear and
tear.  The city of New York shall obtain prior approval from  the  state
for  any  major  renovations to any such leased property. The leasing to
the social services district or the  subleasing,  design,  construction,
reconstruction,  improvement,  rehabilitation,  maintaining, furnishing,
repairing, equipping or use of any such facility by the social  services
district  for the care, maintenance and supervision of adjudicated juve-
nile delinquents shall not be subject to the provisions of any  general,
special  or  local  law, city charter, administrative code, ordinance or
resolution governing uniform land use review procedures, any other  land
use  planning  review  and  approvals, historic preservation procedures,
architectural reviews, franchise approvals  and  other  state  or  local
review  and  approval  procedures  governing  the  use  of  land and the
improvements thereon within the city.
  S 11. This act shall take effect April 1, 2012  and  shall  expire  on
March  31,  2018 when upon such date the provisions of this act shall be
deemed repealed; provided,  however,  that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and  directed to be made and completed on or before such effective date;
provided, however, upon the  repeal  of  this  act,  a  social  services
district  that  has  custody  of  a  juvenile  delinquent pursuant to an

S. 6257--B                         70                         A. 9057--B

approved juvenile justice services close to home initiative shall retain
custody of such juvenile delinquent until custody may be legally  trans-
ferred  in  an  orderly  fashion  to  the  office of children and family
services.

                                SUBPART B

  Section 1. Section 398 of the social services law is amended by adding
a new subdivision 3-a to read as follows:
  3-A. AS TO DELINQUENT CHILDREN:
  (A)(1)  CONDITIONALLY  RELEASE ANY JUVENILE DELINQUENT PLACED WITH THE
DISTRICT TO  AFTERCARE  WHENEVER  THE  DISTRICT  DETERMINES  CONDITIONAL
RELEASE TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF SUCH JUVE-
NILE DELINQUENT, THAT SUITABLE CARE AND SUPERVISION CAN BE PROVIDED, AND
THAT THERE IS A REASONABLE PROBABILITY THAT SUCH JUVENILE DELINQUENT CAN
BE  CONDITIONALLY  RELEASED WITHOUT ENDANGERING PUBLIC SAFETY; PROVIDED,
HOWEVER, THAT SUCH CONDITIONAL RELEASE SHALL BE MADE IN ACCORDANCE  WITH
THE  REGULATIONS  OF  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, AND
PROVIDED FURTHER THAT NO JUVENILE DELINQUENT WHILE ABSENT FROM A FACILI-
TY OR PROGRAM WITHOUT THE CONSENT OF THE DIRECTOR OF  SUCH  FACILITY  OR
PROGRAM SHALL BE CONDITIONALLY RELEASED BY THE DISTRICT SOLELY BY REASON
OF THE ABSENCE.
  (2) IT SHALL BE A CONDITION OF SUCH RELEASE THAT A JUVENILE DELINQUENT
SO  RELEASED  SHALL  CONTINUE  TO  BE  THE  RESPONSIBILITY OF THE SOCIAL
SERVICES DISTRICT FOR THE PERIOD PROVIDED IN THE ORDER OF PLACEMENT.
  (3) THE SOCIAL SERVICES DISTRICT MAY PROVIDE  CLOTHING,  SERVICES  AND
OTHER NECESSITIES FOR ANY CONDITIONALLY RELEASED JUVENILE DELINQUENT, AS
MAY  BE  REQUIRED,  INCLUDING  MEDICAL CARE AND SERVICES NOT PROVIDED TO
SUCH JUVENILE DELINQUENT AS MEDICAL ASSISTANCE FOR NEEDY PERSONS  PURSU-
ANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER.
  (4)  THE  SOCIAL SERVICES DISTRICT, PURSUANT TO THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES, MAY CAUSE A JUVENILE  DELINQUENT
TO BE RETURNED TO A FACILITY OPERATED AND MAINTAINED BY THE DISTRICT, OR
AN AUTHORIZED AGENCY UNDER CONTRACT WITH THE DISTRICT, AT ANY TIME WITH-
IN THE PERIOD OF PLACEMENT, WHERE THERE IS A VIOLATION OF THE CONDITIONS
OF RELEASE OR A CHANGE OF CIRCUMSTANCES.
  (5)  JUVENILE  DELINQUENTS CONDITIONALLY RELEASED BY A SOCIAL SERVICES
DISTRICT MAY BE PROVIDED FOR AS FOLLOWS:
  (I) IF, IN THE OPINION OF THE SOCIAL SERVICES DISTRICT,  THERE  IS  NO
SUITABLE  PARENT, RELATIVE OR GUARDIAN TO WHOM A JUVENILE DELINQUENT CAN
BE  CONDITIONALLY  RELEASED,  AND  SUITABLE  CARE  CANNOT  OTHERWISE  BE
SECURED, THE DISTRICT MAY CONDITIONALLY RELEASE SUCH JUVENILE DELINQUENT
TO THE CARE OF ANY OTHER SUITABLE PERSON.
  (II)  IF  A  CONDITIONALLY  RELEASED JUVENILE DELINQUENT IS SUBJECT TO
ARTICLE SIXTY-FIVE OF THE EDUCATION LAW OR ELECTS TO PARTICIPATE  IN  AN
EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA, HE OR SHE SHALL BE
ENROLLED  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 A CONDI-
TIONALLY  RELEASED  JUVENILE  DELINQUENT  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, STEPS SHALL BE
TAKEN, TO THE EXTENT POSSIBLE, TO FACILITATE HIS OR HER GAINFUL  EMPLOY-
MENT OR ENROLLMENT IN A VOCATIONAL PROGRAM FOLLOWING RELEASE.
  (B)  WHEN  A  JUVENILE  DELINQUENT  PLACED  WITH  THE  SOCIAL SERVICES
DISTRICT IS ABSENT FROM PLACEMENT WITHOUT CONSENT,  SUCH  ABSENCE  SHALL

S. 6257--B                         71                         A. 9057--B

INTERRUPT  THE CALCULATION OF TIME FOR HIS OR HER PLACEMENT. SUCH INTER-
RUPTION SHALL CONTINUE UNTIL SUCH JUVENILE  DELINQUENT  RETURNS  TO  THE
FACILITY  OR  AUTHORIZED AGENCY IN WHICH HE OR SHE WAS PLACED. PROVIDED,
HOWEVER,  THAT  ANY  TIME SPENT BY A JUVENILE DELINQUENT IN CUSTODY FROM
THE DATE OF ABSENCE TO THE DATE  PLACEMENT  RESUMES  SHALL  BE  CREDITED
AGAINST THE TIME OF SUCH PLACEMENT PROVIDED THAT SUCH CUSTODY:
  (1) WAS DUE TO AN ARREST OR SURRENDER BASED UPON THE ABSENCE; OR
  (2)  AROSE FROM AN ARREST OR SURRENDER ON ANOTHER CHARGE WHICH DID NOT
CULMINATE IN A CONVICTION, ADJUDICATION OR ADJUSTMENT.
  (C) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS SECTION, NO JUVENILE
DELINQUENT PLACED WITH A SOCIAL SERVICES DISTRICT OPERATING AN  APPROVED
JUVENILE  JUSTICE  SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION
FOUR HUNDRED FOUR OF THIS CHAPTER PURSUANT TO  A  RESTRICTIVE  PLACEMENT
UNDER  THE FAMILY COURT ACT SHALL BE RELEASED EXCEPT PURSUANT TO SECTION
353.5 OF THE FAMILY COURT ACT.
  S 2. Section 351.1 of the family court act is amended by adding a  new
subdivision 2-b to read as follows:
  2-B.   THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP A VALI-
DATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK  ASSESS-
MENT  PROCESS FOR JUVENILE DELINQUENTS.  THE DIVISION SHALL PERIODICALLY
REVALIDATE ANY APPROVED PRE-DISPOSITIONAL  RISK  ASSESSMENT  INSTRUMENT.
THE  DIVISION  OF CRIMINAL JUSTICE SERVICES SHALL CONSPICUOUSLY POST ANY
APPROVED PRE-DISPOSITIONAL  RISK  ASSESSMENT  INSTRUMENT  AND  ANY  RISK
ASSESSMENT  PROCESS  ON  ITS  WEBSITE  AND SHALL CONFER WITH APPROPRIATE
STAKEHOLDERS, INCLUDING BUT NOT  LIMITED  TO,  ATTORNEYS  FOR  CHILDREN,
PRESENTMENT  AGENCIES, PROBATION AND THE FAMILY COURT, PRIOR TO REVISING
ANY VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT  OR  PROCESS.
ANY  SUCH  REVISED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL BE
SUBJECT TO PERIODIC EMPIRICAL VALIDATION.    THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES SHALL PROVIDE TRAINING ON THE INSTRUMENT AND ANY PROC-
ESS TO THE FAMILY COURTS, LOCAL PROBATION DEPARTMENTS, PRESENTMENT AGEN-
CIES AND COURT APPOINTED ATTORNEYS FOR  RESPONDENTS.  THE  DIVISION  MAY
DETERMINE  THAT  A  PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY
PROCESS IN USE PURSUANT TO SUBDIVISION TWO-A OF SECTION  351.1  OF  THIS
PART  MAY  CONTINUE  TO  BE USED PURSUANT TO SUCH SUBDIVISION INSTEAD OF
REQUIRING THE USE OF ANY INSTRUMENT OR  PROCESS  DEVELOPED  PURSUANT  TO
THIS SUBDIVISION.
  (A)  ONCE  AN  INITIAL  VALIDATED  RISK ASSESSMENT INSTRUMENT AND RISK
ASSESSMENT PROCESS HAVE BEEN DEVELOPED, THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL PROVIDE THE SUPERVISING FAMILY  COURT  JUDGES  AND  LOCAL
PROBATION  DEPARTMENTS  WITH  COPIES  OF  THE  VALIDATED RISK ASSESSMENT
INSTRUMENT AND PROCESS AND NOTIFY THEM OF  THE  EFFECTIVE  DATE  OF  THE
INSTRUMENT  AND  PROCESS,  WHICH SHALL BE AT LEAST SIX MONTHS AFTER SUCH
NOTIFICATION.
  (B) COMMENCING ON THE EFFECTIVE DATE OF A  VALIDATED  RISK  ASSESSMENT
INSTRUMENT   AND  ANY  RISK  ASSESSMENT  PROCESS  AND  THEREAFTER,  EACH
PROBATION INVESTIGATION ORDERED UNDER SUBDIVISION TWO  OF  THIS  SECTION
SHALL  INCLUDE  THE  RESULTS  OF  THE  VALIDATED  RISK ASSESSMENT OF THE
RESPONDENT AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED  IN
ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS
RECEIVED  AND  GIVEN  DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED
RISK ASSESSMENT AND ANY PROCESS AND MADE THE FINDINGS REQUIRED  PURSUANT
TO PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION 352.2 OF THIS PART.
  (C)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA
NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT  INSTRU-
MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION

S. 6257--B                         72                         A. 9057--B

ADMINISTRATIONS,  DETENTION  PROVIDERS,  PRESENTMENT  AGENCIES  AND  THE
ATTORNEY FOR THE CHILD UPON RETENTION  OR  APPOINTMENT  SOLELY  FOR  THE
PURPOSE OF ACCURATE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT, AND A
COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL
BE MADE AVAILABLE TO THE APPLICABLE COURT.
  (D) LOCAL PROBATION DEPARTMENTS SHALL PROVIDE THE DIVISION OF CRIMINAL
JUSTICE SERVICES WITH INFORMATION REGARDING USE OF THE PRE-DISPOSITIONAL
RISK  ASSESSMENT  INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN THE TIME
AND MANNER REQUIRED BY THE DIVISION. THE DIVISION MAY REQUIRE THAT  SUCH
DATA  BE  SUBMITTED  TO  THE DIVISION ELECTRONICALLY. THE DIVISION SHALL
SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 3. Subdivision 2 of section 352.2 of the family court act is amended
by adding a new paragraph (g) to read as follows:
  (G)(I) ONCE A  VALIDATED  RISK  ASSESSMENT  INSTRUMENT  AND  ANY  RISK
ASSESSMENT  PROCESS  IS  A REQUIRED PART OF EACH PROBATION INVESTIGATION
ORDERED UNDER SUBDIVISION TWO OF SECTION 351.1 OF THIS PART AND PROVIDED
TO THE COURT IN ACCORDANCE WITH SUBDIVISION TWO-B OF SUCH  SECTION,  THE
COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED RISK
ASSESSMENT  AND ANY SUCH PROCESS WHEN DETERMINING THE APPROPRIATE DISPO-
SITION FOR THE RESPONDENT.
  (II) ANY ORDER OF THE COURT DIRECTING THE PLACEMENT  OF  A  RESPONDENT
INTO A RESIDENTIAL PROGRAM SHALL STATE:
  (A) THE LEVEL OF RISK THE YOUTH WAS ASSESSED PURSUANT TO THE VALIDATED
RISK ASSESSMENT INSTRUMENT; AND
  (B)  IF  A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL OF
PLACEMENT THAN APPEARS WARRANTED BASED ON SUCH RISK  ASSESSMENT  INSTRU-
MENT  AND  ANY  RISK ASSESSMENT PROCESS, THE PARTICULAR REASONS WHY SUCH
PLACEMENT WAS DETERMINED TO BE  NECESSARY  FOR  THE  PROTECTION  OF  THE
COMMUNITY  AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE
RESPONDENT; AND
  (C) THAT A LESS RESTRICTIVE ALTERNATIVE THAT WOULD BE CONSISTENT  WITH
THE  NEEDS  AND  BEST  INTERESTS  OF  THE  RESPONDENT  AND  THE NEED FOR
PROTECTION OF THE COMMUNITY IS NOT AVAILABLE.
  S 4. The opening paragraph of subdivision 2 of 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:
  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 agen-
cies, including, if] AND the court finds that the respondent is a  sexu-
ally  exploited  child  as  defined  in  subdivision one of section four
hundred forty-seven-a of the social  services  law[,]  AND  PLACES  SUCH
RESPONDENT  IN  an  available  long-term safe house. Unless the disposi-
tional order provides otherwise, the court so  directing  shall  include
one of the following alternatives to apply in the event that the commis-
sioner is unable to so place the respondent:
  S  5.  The  opening paragraph of subdivision 3 of 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:
   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-seven-a of  the
social  services law[,] AND PLACES SUCH RESPONDENT IN an available long-

S. 6257--B                         73                         A. 9057--B

term safe house pursuant to subdivision four of this section,  authorize
the office to do one of the following:
  S  6.  Subdivision  4  of  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:
  4.  Where  the  respondent  is  placed with the office of children and
family services, AND IF THE COURT FINDS THAT THE RESPONDENT IS A SEXUAL-
LY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES  LAW,  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,] IN 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 agen-
cy], 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 notify 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 place-
ment.]
  S 7. Subdivisions 1 and 2 of section 355.4 of the family court act, as
added by chapter 479 of the  laws  of  1992,  are  amended  to  read  as
follows:
  1.  At  the  conclusion  of the dispositional hearing pursuant to this
article, where the respondent is to be placed  with  the  [division  for
youth]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES OR A SOCIAL SERVICES
DISTRICT, the court shall inquire as to whether  the  parents  or  legal
guardian  of  the  youth,  if  present,  will consent for the [division]
OFFICE OR THE DISTRICT to provide routine  medical,  dental  and  mental
health services and treatment.
  2.  Notwithstanding  subdivision  one of this section, where the court
places a youth  with  the  [division]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  OR  A SOCIAL SERVICES DISTRICT pursuant to this article and no
medical consent has been obtained prior to an order of disposition,  the
placement  order  shall be deemed to grant consent for the [division for
youth] OFFICE OR THE DISTRICT to provide for routine medical, dental and
mental health services and treatment to such youth so placed.
  S 8. This act shall take effect April 1, 2012; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.
  S 3. 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 4. This act shall take effect immediately; provided,  however,  that
the  applicable  effective date of subparts A and B of this act shall be
as specifically set forth in the last section of such subparts.

S. 6257--B                         74                         A. 9057--B

                                 PART H

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part I of
chapter 60 of the laws of 2011, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2012] 2013, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the New York state higher education matching grant program for inde-
pendent colleges, as amended by section 2 of part M of chapter 59 of the
laws of 2010, is amended to read as follows:
  (h) If a college did not apply for a  potential  grant  by  March  31,
2009,  funds associated with such potential grant shall be awarded, on a
competitive basis, to other colleges, according to  the  priorities  set
forth  below. Colleges shall be eligible to apply for unutilized grants.
In such cases, the following priorities  shall  apply:  first,  priority
shall be given to otherwise eligible colleges that either were, or would
have  been,  deemed  ineligible for the program prior to March 31, 2009,
due to missed deadlines, insufficient matching funds, lack  of  accredi-
tation  or  other disqualifying reasons; and second, after the board has
acted upon all such first-priority applications for unused funds, if any
such funds remain, those funds shall be available  for  distribution  to
eligible  colleges that are located within the same Regents of the State
of New York region for which such funds were originally allocated.   The
dormitory  authority  shall develop a request for proposals and applica-
tion process, in consultation with the board, for such grants and  shall
develop  criteria,  subject  to review by the board, for the awarding of
such grants. Such  criteria  shall  incorporate  the  matching  criteria
contained  in  paragraph  (c)  of  this subdivision, and the application
criteria set forth in paragraph (e) of this subdivision.  The  dormitory
authority  shall require all applications in response to the request for
proposals to be submitted by September 1, [2010]  2012,  and  the  board
shall  act  on  each application for such matching grants by November 1,
[2010] 2012.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the  2005-2006
state  fiscal  year,  relating  to  the  New York state higher education
matching grant program for independent colleges, as amended by section 2
of part I of chapter 60 of the laws of  2011,  is  amended  to  read  as
follows:

S. 6257--B                         75                         A. 9057--B

  (A) Notwithstanding the provision of any general or special law to the
contrary,  and  subject  to  the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er  education  capital  matching  grants,  the director of the budget is
authorized in any state fiscal year commencing  April  1,  2005  or  any
state  fiscal  year  thereafter  for a period ending on March 31, [2012]
2014, to enter into one or more service contracts, none of  which  shall
exceed  30  years  in  duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
  S 4. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the New York state higher education matching grant program for inde-
pendent colleges, as amended by section 3 of part I of chapter 60 of the
laws of 2011, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2012]
2013,  on  the use of funding received and its programmatic and economic
impact. The dormitory authority shall submit  a  report  no  later  than
November  1, [2012] 2013 to the board, the governor, the director of the
budget, the temporary president of the senate, and the  speaker  of  the
assembly  on the aggregate impact of the higher education capital match-
ing grant program. Such report shall provide information on the progress
and economic impact of such project.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART I

  Section  1.  Section  5704  of the education law is amended to read as
follows:
  S 5704. Trustees shall make reports; university subject to  visitation
of  regents;  SERVICES  FOR  STATE  AGENCIES.    1. The trustees of said
university shall make all the reports and perform such other acts as may
be necessary to conform to the act of congress, entitled "An act  donat-
ing public lands to the several states and territories which may provide
colleges for the benefit of agriculture and the mechanic arts," approved
July  second,  eighteen  hundred sixty-two. The said university shall be
subject to visitation of the regents of the university.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  AND
SUBJECT TO THE REVIEW OF THE STATE COMPTROLLER, THE STATE MAY ENTER INTO
AN  AGREEMENT  WITH  THE  UNIVERSITY  PRESCRIBING  THE GENERAL TERMS AND
CONDITIONS FOR PROVIDING SERVICES OR TECHNICAL  ASSISTANCE  PURSUANT  TO
ARTICLE  ELEVEN  OF THE STATE FINANCE LAW OR PROGRAM ACTIVITIES PURSUANT
TO ARTICLE ELEVEN-B OF THE STATE FINANCE LAW. SUBJECT TO SUCH TERMS  AND
CONDITIONS, STATE AGENCIES MAY ENTER INTO AGREEMENTS WITH SAID UNIVERSI-
TY  FOR THE PROVISION OF SUCH SERVICES, ASSISTANCE OR ACTIVITIES RELATED
TO THE UNIVERSITY'S LAND GRANT MISSION, WHICH AGREEMENTS  SHALL  NOT  BE
SUBJECT TO THE REQUIREMENTS OF THE STATE FINANCE LAW.
  S 2. This act shall take effect immediately.

                                 PART J

  Section  1.    Subdivision  4 of section 4410 of the education law, as
added by chapter 243 of the laws of 1989,  paragraph  a  as  amended  by

S. 6257--B                         76                         A. 9057--B

chapter  705  of the laws of 1992, paragraph c as amended by chapter 474
of the laws of 1996 and paragraphs d and e as amended by chapter 520  of
the laws of 1993, is amended to read as follows:
  4.  Evaluations.  a.  The  board  shall  identify each preschool child
suspected of having a [handicapping condition]  DISABILITY  who  resides
within  the district and, upon referral to the committee shall, with the
consent of  the  parent,  provide  for  an  evaluation  related  to  the
suspected disability of the child. The board shall make such identifica-
tion in accordance with regulations of the commissioner.
  b. Each board shall, within time limits established by the commission-
er,  be  responsible  for  providing  the  parent  of  a preschool child
suspected of having a [handicapping condition] DISABILITY with a list of
approved evaluators in the geographic area.  The parent may  select  the
evaluator  from  such list.  PROVIDED HOWEVER THAT, FOR THE TWO THOUSAND
TWELVE  --  TWO  THOUSAND  THIRTEEN  SCHOOL  YEAR  AND   THEREAFTER,   A
LESS-THAN-ARM'S-LENGTH  RELATIONSHIP  SHALL NOT EXIST BETWEEN THE EVALU-
ATOR SELECTED BY THE PARENT FROM SUCH LIST AND THE PROVIDER  RECOMMENDED
BY THE BOARD TO DELIVER SERVICES TO THE PRESCHOOL CHILD WITH A DISABILI-
TY, UNLESS APPROVAL OF THE COMMISSIONER IS OBTAINED OR FOR THE TWO THOU-
SAND TWELVE -- TWO THOUSAND THIRTEEN SCHOOL YEAR THE PRESCHOOL CHILD WAS
ENROLLED  IN  SUCH  PROGRAM  IN THE PRIOR YEAR.   PROVIDED FURTHER THAT,
UNLESS AUTHORIZED BY THE COMMISSIONER UPON A FINDING THAT THE BOARD  HAS
DEMONSTRATED THAT THE PROGRAM OFFERED BY THE PROVIDER IS THE ONLY APPRO-
PRIATE  PROGRAM  AVAILABLE  TO  PROVIDE THE PROGRAMS AND SERVICES RECOM-
MENDED IN THE CHILD'S INDIVIDUALIZED EDUCATION  PROGRAM,  THE  EVALUATOR
SELECTED  BY  THE  PARENT FROM SUCH LIST AND THE PROVIDER RECOMMENDED BY
THE BOARD TO DELIVER SERVICES TO SUCH PRESCHOOL CHILD WITH A  DISABILITY
SHALL NOT BE THE SAME ENTITY. Each board shall provide for dissemination
of  the  list  and  other  information  to  parents at appropriate sites
including but not limited to  pre-kindergarten,  day  care,  head  start
programs  and early childhood direction centers, pursuant to regulations
of the commissioner.
  c. The documentation of the evaluation shall  include  all  assessment
reports and a summary report of the findings of the evaluation on a form
prescribed  by  the  commissioner  including a detailed statement of the
preschool child's individual needs. The summary report  shall  not  make
reference  to  any specific provider of special services or programs. In
addition, with the consent of  the  parents,  approved  evaluators  THAT
CONDUCT  AN EVALUATION PURSUANT TO THIS SUBDIVISION and committees shall
be provided with the most recent evaluation report for a child in  tran-
sition  from  programs  and  services provided pursuant to title [two-a]
TWO-A of article twenty-five of the public  health  law.  Nothing  shall
prohibit  an  approved evaluator THAT CONDUCTS AN EVALUATION PURSUANT TO
THIS SUBDIVISION or the committee from reviewing  other  assessments  or
evaluations  to determine if such assessments or evaluations fulfill the
requirements of the regulations of the commissioner. Notwithstanding any
inconsistent  provisions  of  this  section,  the  committee,   in   its
discretion,  may obtain an evaluation of the child from another approved
evaluator prior to making any recommendation that would place a child in
the approved program that conducted the initial evaluation of the child.
  d. The approved evaluator shall, following completion  of  the  evalu-
ation,  transmit  the  documentation of the evaluation to all members of
the committee and to a person designated by the  municipality  in  which
the   preschool  child  resides.  Each  municipality  shall  notify  the
[approved evaluators in the geographic area] COMMITTEE of the person  so
designated. The summary report of the evaluation shall be transmitted in

S. 6257--B                         77                         A. 9057--B

English  and when necessary, also in the dominant language or other mode
of communication of the parent;  the  documentation  of  the  evaluation
shall  be  transmitted  in  English and, upon the request of the parent,
also  in  the  dominant  language  or other mode of communication of the
parent, unless not clearly feasible to do  so  pursuant  to  regulations
promulgated by the commissioner. Costs of translating the summary report
and  documentation of the evaluation shall be separately reimbursed. If,
based on the evaluation, the committee finds that a child has a  [handi-
capping condition] DISABILITY, the committee shall use the documentation
of the evaluation to develop an individualized education program for the
preschool  child.  Nothing  herein  shall prohibit an approved evaluator
from at any time providing the parent with a copy of  the  documentation
of the evaluation provided to the committee.
  e.  Prior to the committee meeting at which eligibility will be deter-
mined, the committee shall provide the parent with a copy of the summary
report  of  the findings of the evaluation, and shall provide the parent
with written notice of the  opportunity  to  address  the  committee  in
person  or  in writing. Upon timely request of the parent, the committee
shall, prior to meeting, provide a copy of all written documentation  to
be  considered  by  the committee; provided, however, that such material
shall be provided to the parent at any time upon request.
  f.  If the parent disagrees with the evaluation, the parent may obtain
an additional evaluation at public expense to the extent  authorized  by
federal law or regulation.
  S  2. Subparagraph (i) of paragraph b of subdivision 5 of section 4410
of the education law, as amended by chapter 474 of the laws of 1996,  is
amended to read as follows:
  (i)  If  the committee determines that the child has a disability, the
committee shall  recommend  approved  appropriate  services  or  special
programs  and  the  frequency,  duration and intensity of such services,
including but not limited to the appropriateness of single  services  or
half-day  programs based on the individual needs of the preschool child.
The committee shall first consider the appropriateness of providing: (i)
related services only; (ii) special education itinerant  services  only;
(iii)  related  services in combination with special education itinerant
services; (iv) a half-day program, as defined in the regulations of  the
commissioner;  (v)  a full day program; in meeting the child's needs. If
the committee determines that the child  demonstrates  the  need  for  a
single  related  service,  such  service  shall be provided as a related
service only or, where appropriate, as  a  special  education  itinerant
service.  Prior  to  recommending  the  provision  of  special education
services in a setting which includes only preschool children with  disa-
bilities, the committee shall first consider providing special education
services in a setting which includes age-appropriate peers without disa-
bilities.  Provision  of special education services in a setting with no
regular contact with such age-appropriate peers shall be considered only
when the nature or severity of  the  child's  disability  is  such  that
education in a less restrictive environment with the use of supplementa-
ry  aids  and  services  cannot be achieved satisfactorily. IN ADDITION,
PRIOR TO RECOMMENDING PLACEMENT OF A  PRESCHOOL  CHILD  IN  AN  APPROVED
PROGRAM,  THE  COMMITTEE  SHALL  DETERMINE  WHETHER SUCH PLACEMENT IS AS
CLOSE AS POSSIBLE TO THE CHILD'S HOME AND, IN MAKING SUCH DETERMINATION,
SHALL CONSIDER WHETHER  ANOTHER  APPROPRIATE  APPROVED  PROGRAM  LOCATED
CLOSER  TO THE CHILD'S HOME IS AVAILABLE. The committee's recommendation
shall include a statement of the reasons why less restrictive placements
were not recommended, INCLUDING, WHERE THE COMMITTEE  RECOMMENDS  PLACE-

S. 6257--B                         78                         A. 9057--B

MENT  IN  AN APPROVED PROGRAM THAT IS MORE DISTANT FROM THE CHILD'S HOME
THAN ANOTHER APPROVED PROGRAM OFFERING COMPARABLE  SERVICES  APPROPRIATE
TO  THE  NEEDS  OF  THE  PRESCHOOL CHILD, AN EXPLANATION OF WHY THE MORE
DISTANT  PROGRAM  WAS RECOMMENDED. The committee may recommend placement
in a program that uses psychotropic drugs only  if  the  program  has  a
written  policy pertaining to such use and the parent is given a copy of
such written policy at the time such recommendation is made.
  S 3. Paragraph b of subdivision 11 of section 4410  of  the  education
law, as amended by chapter 170 of the laws of 1994, subparagraph (ii) as
amended  by  section  54  of  part  C of chapter 57 of the laws of 2004,
subparagraph (iii) as amended by chapter 205 of the laws of 2009, clause
(b) of subparagraph (iii) as amended by section 63 of part A of  chapter
58  of  the laws of 2011, subparagraphs (iv) and (v) as added by chapter
474 of the laws of 1996 and subparagraph  (vi) as added by section 1  of
part  Q1  of  chapter  109  of  the  laws of 2006, is amended to read as
follows:
  b.  (i)  Commencing  with  the  reimbursement  of  municipalities  for
services provided pursuant to this section on or after July first, nine-
teen  hundred  ninety-three,  AND  EXCEPT  AS OTHERWISE PROVIDED IN THIS
SUBPARAGRAPH, the  state  shall  reimburse  fifty-nine  and  [one  half]
ONE-HALF  percent  of  the approved costs paid by a municipality for the
purposes of this section. Commencing with the reimbursement  of  munici-
palities  [for  services  provided  pursuant to this section on or after
July first, nineteen hundred  ninety-four,  the  state  shall  reimburse
sixty-nine  and one-half percent of the approved costs paid by a munici-
pality for the purposes of this section. The state shall reimburse fifty
percent of the approved costs paid by a municipality for the purposes of
this section for services provided prior to July first, nineteen hundred
ninety-three] OTHER THAN THE CITY OF  NEW  YORK  FOR  SERVICES  PROVIDED
PURSUANT  TO  THIS  SECTION ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE,
THE STATE SHALL ALSO REIMBURSE SIXTY-SIX AND SIX-TENTHS PERCENT  OF  THE
EXCESS LOCAL SHARE AMOUNT.  Such state reimbursement to the municipality
shall  BE  NET  OF  ANY DEDUCTIONS PURSUANT TO SUBPARAGRAPH (IV) OF THIS
PARAGRAPH AND SHALL not be paid prior to April first of the school  year
in which such approved costs are paid by the municipality.
  (ii)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER, SUBJECT TO THE APPROVAL OF THE  DIRECTOR  OF  THE  BUDGET,
SHALL  COMPUTE  AND  ESTABLISH  A  LOCAL SHARE BASE AMOUNT FOR CLAIMS BY
MUNICIPALITIES OTHER THAN THE CITY OF NEW YORK  OF  THE  APPROVED  COSTS
SUBJECT  TO  STATE  REIMBURSEMENT FOR SERVICES PROVIDED PURSUANT TO THIS
SECTION IN EACH SCHOOL YEAR STARTING WITH THE TWO  THOUSAND  TWELVE--TWO
THOUSAND  THIRTEEN  SCHOOL  YEAR.    FOR PURPOSES OF THIS PARAGRAPH, THE
"LOCAL SHARE BASE AMOUNT" MEANS THE PRODUCT OF (A)  FORTY  AND  ONE-HALF
PERCENT AND (B) THE APPROVED COSTS INCURRED PURSUANT TO THIS SECTION AND
SECTION  FORTY-FOUR  HUNDRED  TEN-A  OF THIS ARTICLE IN THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR ATTRIBUTABLE TO EACH SUCH  MUNI-
CIPALITY,  AND  THE  "LOCAL SHARE AMOUNT" MEANS THE PRODUCT OF (A) FORTY
AND ONE-HALF PERCENT AND (B) THE APPROVED  COSTS  INCURRED  PURSUANT  TO
THIS SECTION AND SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE IN THE
CURRENT  SCHOOL  YEAR ATTRIBUTABLE TO EACH MUNICIPALITY, AND THE "EXCESS
LOCAL SHARE AMOUNT" MEANS THE  POSITIVE  DIFFERENCE  BETWEEN  THE  LOCAL
SHARE  AMOUNT  LESS  THE LOCAL SHARE BASE AMOUNT. THE COMMISSIONER SHALL
ALSO COMPUTE THE "SCHOOL DISTRICT SHARE" FOR  EACH  SCHOOL  DISTRICT  OF
RESIDENCE  OF PRESCHOOL CHILDREN WHO RESIDE WITHIN THE MUNICIPALITY, AND
FOR EACH PRESCHOOL CHILD WHO IS HOMELESS OR A FOSTER  CARE  CHILD  LIVES
AND  FOR  WHOM  THE  MUNICIPALITY  IS  THE  MUNICIPALITY OF RESIDENCE AS

S. 6257--B                         79                         A. 9057--B

DEFINED IN SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE. THE "SCHOOL
DISTRICT SHARE" MEANS THE PRODUCT OF: (A) THIRTY-THREE AND  THREE-TENTHS
PERCENT AND (B) THE EXCESS LOCAL SHARE AMOUNT ATTRIBUTABLE TO THE SCHOOL
DISTRICT.    THE SCHOOL DISTRICT SHARE SHALL BE A CHARGE UPON THE SCHOOL
DISTRICT. THE COMMISSIONER SHALL DEDUCT AN AMOUNT EQUAL TO  SUCH  UNPAID
OBLIGATION  FROM  ANY  PAYMENTS WHICH BECOME DUE TO SUCH SCHOOL DISTRICT
PURSUANT TO SUBDIVISION THREE OF SECTION  FORTY-FOUR  HUNDRED  EIGHT  OF
THIS  CHAPTER.  WHERE  SUCH SCHOOL DISTRICT IS NOT ELIGIBLE FOR PAYMENTS
PURSUANT TO SUCH SECTION FORTY-FOUR HUNDRED EIGHT OR THE AMOUNT OF  SUCH
UNPAID OBLIGATIONS EXCEEDS THE AMOUNT DUE TO SUCH SCHOOL DISTRICT PURSU-
ANT TO SUCH SECTION FORTY-FOUR HUNDRED EIGHT IN THE CURRENT SCHOOL YEAR,
THE  COMMISSIONER SHALL DEDUCT AN AMOUNT EQUAL TO SUCH UNPAID OBLIGATION
FROM ANY GENERAL AID FOR PUBLIC SCHOOLS PAYMENTS  WHICH  BECOME  DUE  TO
SUCH  SCHOOL  DISTRICT  PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF
THIS CHAPTER, EXCLUDING PAYMENTS PURSUANT TO CLAUSE  (III)  OF  SUBPARA-
GRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SUCH SECTION THIRTY-SIX
HUNDRED  NINE-A. WHERE SUCH SCHOOL DISTRICT IS NOT ELIGIBLE FOR PAYMENTS
PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A,  OR  THE  AMOUNT  OF
SUCH  UNPAID  OBLIGATIONS EXCEEDS THE AMOUNT DUE TO SUCH SCHOOL DISTRICT
PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A IN THE CURRENT SCHOOL
YEAR, THE COMMISSIONER SHALL BILL AND RECOVER FROM SUCH SCHOOL  DISTRICT
ANY  EXCESS  UNPAID OBLIGATION AND THE AMOUNT RECOVERED FROM SUCH SCHOOL
DISTRICT SHALL BE CREDITED TO THE APPROPRIATION  FOR  PURPOSES  OF  THIS
SECTION  IN  THE  LOCAL  ASSISTANCE  ACCOUNT OF THE DEPARTMENT. PROVIDED
HOWEVER, THAT NO SUCH DEDUCTION OR RECOVERY SHALL BE MADE PRIOR TO  JULY
FIRST,  TWO  THOUSAND  THIRTEEN AND THE AMOUNT SO DEDUCTED FROM PAYMENTS
PURSUANT TO SECTIONS FORTY-FOUR  HUNDRED  EIGHT  OR  THIRTY-SIX  HUNDRED
NINE-A  SHALL  BE  TRANSFERRED TO THE APPROPRIATION MADE FOR PURPOSES OF
THIS SECTION FROM THE SUMMER SCHOOL SPECIAL EDUCATION  APPROPRIATION  OR
THE GENERAL SUPPORT FROM PUBLIC SCHOOLS APPROPRIATION.
  (III)  In accordance with a schedule adopted by the commissioner, each
municipality which has been notified by a board  of  its  obligation  to
contract  for the provision of approved special services or programs for
a preschool child shall be provided with a listing of all such  children
by the commissioner. Such list shall include approved services and costs
as prescribed by the commissioner for each such child for whom the muni-
cipality  shall  certify,  on  such  list,  the amount expended for such
purposes and the date of expenditure. Upon the receipt of such certified
statement, the commissioner shall examine the same, and if such expendi-
tures were made as required by  this  section,  the  commissioner  shall
approve it and transmit it to the comptroller for audit. The comptroller
shall  thereupon  issue  his  warrant,  in  the amount specified in such
approved statement for the payment thereof out  of  moneys  appropriated
therefor, to the municipal treasurer or chief fiscal officer as the case
may be.
  [(iii)] (IV) (a) Notwithstanding the provisions of this paragraph, any
monies  due  municipalities  pursuant  to  this  paragraph  for services
provided during the two thousand  eight--two  thousand  nine  and  prior
school  years  shall be reduced by an amount equal to the product of the
percentage of the approved costs reimbursed by  the  state  pursuant  to
subparagraph (i) of this paragraph and any federal participation, pursu-
ant  to  title  XIX  of  the  social  security act, in special education
programs provided pursuant  to  this  section.  The  commissioner  shall
deduct  such  amount,  as certified by the commissioner of health as the
authorized  fiscal  agent  of  the  state  education  department.   Such
deductions  shall  be  made  in  accordance with a plan developed by the

S. 6257--B                         80                         A. 9057--B

commissioner and approved by the director of the budget. To  the  extent
that  such deductions exceed moneys owed to the municipality pursuant to
this paragraph, such excess shall be deducted from  any  other  payments
due the municipality.
  (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.
  [(iv)] (V) Notwithstanding any other provision of law to the contrary,
no payments shall be made by the commissioner pursuant to  this  section
on or after July first, nineteen hundred ninety-six based on a claim for
services  provided during school years nineteen hundred eighty-nine--ni-
nety, nineteen hundred ninety--ninety-one, nineteen hundred  ninety-one-
ninety-two,  nineteen hundred ninety-two--ninety-three, nineteen hundred
ninety-three--ninety-four, and nineteen hundred ninety-four--ninety-five
which is submitted later than two years after the end  of  the  nineteen
hundred  ninety-five--ninety-six school year; provided, however, that no
payment shall be barred or reduced where such payment is required  as  a
result  of  a  court  order  or  judgment or a final audit, and provided
further that the commissioner may  grant  a  waiver  to  a  municipality
excusing  the  late filing of such a claim upon a finding that the delay
was caused by a party other than the municipality or a  board  to  which
the municipality delegated authority pursuant to paragraph f of subdivi-
sion five or subdivision eight of this section.
  [(v)] (VI) Notwithstanding any other provision of law to the contrary,
no  payments  shall be made by the commissioner pursuant to this section
on or after July first, nineteen hundred ninety-six based on a claim for
services provided in the nineteen hundred ninety-five--ninety-six school
year or thereafter which is submitted later than three years  after  the
end of the school year in which services were rendered, provided, howev-
er,  that  no  payment  shall be barred or reduced where such payment is
required as a result of a court order or judgment or a final audit,  and
provided  further  that the commissioner may grant a waiver to a munici-
pality excusing the late filing of such a claim upon a finding that  the
delay  was  caused  by a party other than the municipality or a board to
which the municipality delegates authority pursuant to  paragraph  f  of
subdivision five or subdivision eight of this section.

S. 6257--B                         81                         A. 9057--B

  [(vi)] (VII) Notwithstanding any other provision of law to the contra-
ry,  beginning  with  state  reimbursement  otherwise payable in the two
thousand six--two thousand seven state fiscal  year  and  in  each  year
thereafter,  payments pursuant to this section, subject to county agree-
ment  and  in  the amounts specified in such agreement, shall be paid no
later than June thirtieth of the state fiscal year  next  following  the
state fiscal year in which such reimbursement was otherwise eligible for
payment  and  in  which  the  liability  to  the  county  for such state
reimbursement accrued, provided that such payments in a subsequent state
fiscal year shall be recognized by the state and the  applicable  county
as  satisfying  the  state  reimbursement obligation for the prior state
fiscal year. Any unspent amount associated with such  county  agreements
shall not be available for payments to other counties or municipalities.
  S 4. This act shall take effect July 1, 2012.

                                 PART K

  Section  1. Paragraph h of subdivision 4 of section 1950 of the educa-
tion law is amended by adding a new subparagraph 8 to read as follows:
  (8) TO ENTER INTO CONTRACTS WITH THE COMMISSIONER  OF  THE  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES PURSUANT TO SUBDIVISION SIX-A OF SECTION
THIRTY-TWO HUNDRED TWO OF THIS CHAPTER TO PROVIDE TO  SUCH  OFFICE,  FOR
THE  BENEFIT OF YOUTH IN ITS CUSTODY, ANY SERVICES PROVIDED BY THE BOARD
OF COOPERATIVE EDUCATIONAL SERVICES TO COMPONENT SCHOOL  DISTRICTS.  ANY
SUCH  PROPOSED  CONTRACT  SHALL BE SUBJECT TO THE REVIEW AND APPROVAL OF
THE COMMISSIONER TO DETERMINE THAT IT IS AN APPROVED COOPERATIVE  EDUCA-
TIONAL  SERVICE.  SERVICES  PROVIDED PURSUANT TO SUCH CONTRACTS SHALL BE
PROVIDED AT COST, AND THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
SHALL  NOT  BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN PROVIDING SUCH
SERVICES TO ITS COMPONENT SCHOOL DISTRICTS.
  S 2. Subdivision 6-a of section 3202 of the education law, as  amended
by chapter 465 of the laws of 1992, is amended to read as follows:
  6-a.  Notwithstanding subdivision six of this section OR ANY OTHER LAW
TO THE CONTRARY, the [director of the division for  youth]  COMMISSIONER
OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES shall be responsible for
the secular education of youth under the jurisdiction of the  [division]
OFFICE and may contract for such education with the trustees or board of
education  of the school district wherein a facility for the residential
care of [division for] SUCH youth is located OR WITH THE BOARD OF  COOP-
ERATIVE  EDUCATIONAL  SERVICES  AT  WHICH  ANY SUCH SCHOOL DISTRICT IS A
COMPONENT DISTRICT.  A youth attending a local public  school  while  in
residence  at  such  facility  shall  be deemed a resident of the school
district where his parent or guardian resides  at  the  commencement  of
each  school  year  for the purpose of determining which school district
shall be responsible for the youth's tuition pursuant  to  section  five
hundred four of the executive law.
  S 3. This act shall take effect immediately.

                                 PART L

  Section 1. Section 527-l of the executive law is REPEALED.
  S  2.  This act shall take effect April 1, 2012; provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2012.

S. 6257--B                         82                         A. 9057--B

                                 PART M

  Section 1. Paragraph (d) of subdivision 2 of section 530 of the execu-
tive  law, as added by section 4 of subpart B of part Q of chapter 58 of
the laws of 2011, is amended to read as follows:
  (d) (I) NOTWITHSTANDING ANY PROVISION OF  LAW  OR  REGULATION  TO  THE
CONTRARY,  ANY  INFORMATION  OR  DATA  NECESSARY  FOR  THE  DEVELOPMENT,
COMPLETION, VALIDATION OR REVALIDATION OF THE DETENTION RISK  ASSESSMENT
INSTRUMENT  SHALL  BE  SHARED  BETWEEN  LOCAL PROBATION DEPARTMENTS, THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND, WHERE AUTHORIZED BY THE DIVI-
SION, ANY ENTITY UNDER CONTRACT WITH THE DIVISION TO PROVIDE INFORMATION
TECHNOLOGY SERVICES, THE OFFICE, AND ANY ENTITY UNDER CONTRACT WITH  THE
OFFICE  TO  PROVIDE  SERVICES  RELATING  TO THE DEVELOPMENT, COMPLETION,
VALIDATION OR REVALIDATION OF THE DETENTION RISK ASSESSMENT  INSTRUMENT.
(II)  Data  collected  for the purposes of completing the detention risk
assessment instrument from any source other  than  an  officially  docu-
mented record shall be confirmed as soon as practicable. Should any data
originally  utilized  in  completing  the  risk assessment instrument be
found to conflict  with  the  officially  documented  record,  the  risk
assessment  instrument shall be completed with the officially documented
data and any corresponding revision to the risk categorization shall  be
made. The office shall periodically revalidate any approved risk assess-
ment  instrument.  The  office  shall  conspicuously  post  any approved
detention risk assessment instrument on its  website  and  shall  confer
with  appropriate  stakeholders, including but not limited to, attorneys
for children, presentment agencies, probation,  and  the  family  court,
prior  to  revising  any  validated risk assessment instrument. Any such
revised risk assessment instrument shall be subject to  periodic  empir-
ical validation.
  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 M of this act shall be
as specifically set forth in the last section of such Parts.

S6257C - Bill Details

See Assembly Version of this Bill:
A9057D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6257C - Bill Texts

view summary

Relates to school district eligibility for an increase in apportionment of school aid and implementation of new standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; relates to contracts for excellence, apportionment of school aid, apportionment of school aid and of current year approved expenditures for debt service, calculation of the gap elimination restoration amount, apportionment for transportation, school district management efficiency awards, maximum class size, transportation to students who remain at school until 5 pm or later; relates to requiring the office of temporary and disability assistance to provide the department of education with certain information; relates to withdrawals from the employee benefit accrued liability reserve fund; relating to funding a program for work force education conducted by the consortium for worker education in New York city, relating to apportionment and reimbursement and extends the expiration of certain provisions; relates to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, to amend 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, to amend chapter 698 of the laws of 1996 amending the education law relating to transportation contracts, to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, to amend 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, to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, to amend chapter 57 of the laws of 2008 amending the education law relating to the universal pre-kindergarten program, in relation to extending the expiration of certain provisions of such chapters; relates to authorizing annual professional performance reviews transition grants; authorizes the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to school bus driver training; relates to the support of public libraries; relates to providing special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; relates to submission of school construction final cost reports; repeals certain provisions of the education law relating to annual professional performance review of classroom teachers and building principals and the teacher evaluation appeal process; and provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tenured teacher disciplinary hearings (Part B); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part C); relates to the standards of monthly need for persons in receipt of public assistance (Part D); relates to authorizing the office of temporary and disability assistance to administer the program of supplemental security income additional state payments and to repeal certain provisions of such law relating thereto (Part E); relates to funding for children and family services, in relation to the effectiveness thereof (Part F); relates to establishing a juvenile justice services close to home initiative and providing for the repeal of such provisions upon expiration thereof (Subpart A); relates to juvenile delinquents and providing for the repeal of such provisions upon expiration thereof (Subpart B) (Part G); relates to the New York state higher education capital matching grant program for independent colleges, in relation to the effectiveness thereof (Part H); relates to provision of services, technical assistance and program activities to state agencies by Cornell university (Part I); relates to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services and providing for the repeal of such provisions upon expiration thereof (Part K); repeals provisions relating to annual reports of the youth center facility program (Part L); relates to the creation of a validated risk assessment instrument (Part M); directs the board of trustees of SUNY and CUNY to conduct a study on student remediation and strategies and programs to promote transition to college readiness (Part N); relates to the SUNY Challenge Grant Program (Part O); relates to non-resident tuition of students of the university centers of the State University of New York (Part P); relates to community college charges for non-residence students (Part Q); relates to the demonstration program authorized within Nassau and Suffolk counties (Part R); authorizes payments of aid and incentives for municipalities (Part S); relates to state aid on certain state leased or state-owned land (Part T); relates to the municipal redevelopment law authorizing tax increment bonds payable from and secured by real property taxes levied by a school district within a project area (Part U); relates to prescription forms and labels, interpretation services and patients with limited English proficiency (Part V); relates to providing for the establishment of a state veteran's cemetery (Part W).

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

                                 6257--C

                            I N  S E N A T E

                            January 17, 2012
                               ___________

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  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT in relation to school district eligibility  for  an  increase  in
  apportionment  of  school  aid and implementation of new standards for
  conducting annual professional performance reviews to determine teach-
  er and  principal  effectiveness;  to  amend  the  education  law,  in
  relation  to  apportionment of school aid and of current year approved
  expenditures for debt service,  calculation  of  the  gap  elimination
  restoration  amount,  apportionment  for  maximum class size; 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 and
  extending the expiration of the provisions thereof; 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  educa-
  tion  law  and  certain  other  laws  relating  to state aid to school
  districts and the appropriation of funds for the  support  of  govern-
  ment,  chapter  698  of  the  laws  of 1996 amending the education law
  relating to transportation contracts, 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,  to  amend  chapter 57 of the laws of 2008 amending the
  education law relating to the universal pre-kindergarten  program,  in
  relation  to  extending  the  expiration of certain provisions of such
  chapters; in relation to school bus driver training;  in  relation  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-05-2

S. 6257--C                          2

  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; relating to submission of school  construction  final  cost
  reports; and providing for the repeal of certain provisions upon expi-
  ration  thereof  (Part  A); to amend the education law, in relation to
  annual professional  performance  review  of  classroom  teachers  and
  building  principals  (Part  A-1);  to  amend  the  education  law, in
  relation to teacher evaluation appeal process in the city of New  York
  (Part A-2); to amend the education law, in relation to the preparation
  of  a  study and report on the solvency of financing distressed school
  districts, the establishment of charter schools,  library  grants  and
  reimbursement  of  school districts for transportation of students; to
  amend the general municipal law, in relation to the  employee  benefit
  accrued  liability  reserve  fund;  to  amend  the  education  law, in
  relation to requiring school bus transportation for students in cities
  having a population of one  million  or  more;  to  amend  the  public
  authorities  law, in relation to establishing the New York state elec-
  tric school bus grant program; to amend the education law, in relation
  to the establishment of regional high schools,  the  leasing  of  real
  property  by  boards  of cooperative educational services, services to
  out-of-state school districts by  boards  of  cooperative  educational
  services,  contracting  with public libraries by boards of cooperative
  educational services and contributions to the employee benefit accrued
  liability reserve fund; to repeal subdivision 11 of section 6-p of the
  general municipal law relating to contributions by boards  of  cooper-
  ative  educational  services to the employee benefit accrued liability
  reserve  fund;  relates  to  legalizing,  validating,  ratifying,  and
  confirming  certain  school  district transportation aid contracts; to
  amend the education law, in relation to school  district  contribution
  reimbursement;  to  amend  the social services law, in relation to the
  free and reduced price school lunch program; to  amend  the  education
  law, in relation to high performance academic incentives; to amend the
  education  law,  in relation to exemptions from the one hundred eighty
  day teaching requirement; to amend the education law, in  relation  to
  universal pre-kindergarten grants; to amend chapter 121 of the laws of
  1996  relating to authorizing the Roosevelt union free school district
  to finance deficits, in relation to the fiscal  stabilization  of  the
  Roosevelt  union  free school district; to amend the education law, in
  relation to allowable transportation expenses; to amend the  education
  law,  in  relation  to providing for reimbursement to school districts
  for expenses related to annual  performance  professional  reviews  of
  teachers  and  principals;  to amend the real property tax law and the
  tax law, in relation to reinstating the "Senior STAR"  rebate  program
  and providing for the repeal of certain provisions upon the expiration
  thereof (Part A-3); to amend the education law, in relation to tenured
  teacher  disciplinary  hearings (Part B); to amend the social services
  law, in relation to increasing the standards of monthly need for aged,
  blind and disabled persons living in the community (Part C); to  amend
  the  social services law, in relation to monthly grants and allowances
  of public assistance (Part D); to amend the social  services  law,  in
  relation to authorizing the office of temporary and disability assist-
  ance  to  administer the program of supplemental security income addi-
  tional state payments; and to repeal certain provisions  of  such  law
  relating  thereto  (Part  E);  to amend chapter 83 of the laws of 2002

S. 6257--C                          3

  amending the executive law and other  laws  relating  to  funding  for
  children and family services, in relation to the effectiveness thereof
  (Part  F);  to amend the social services law and the family court act,
  in  relation to establishing a juvenile justice services close to home
  initiative and providing for the repeal of such provisions upon  expi-
  ration  thereof  (Subpart A); and to amend the social services law and
  the family court act, in relation to juvenile delinquents (Subpart  B)
  (Part  G);  to amend chapter 57 of the laws of 2005 amending the labor
  law and  other  laws  implementing  the  state  fiscal  plan  for  the
  2005-2006  state  fiscal  year,  relating to the New York state higher
  education capital matching grant program for independent colleges,  in
  relation to the effectiveness thereof (Part H); to amend the education
  law,  in  relation  to provision of services, technical assistance and
  program activities to state agencies by Cornell university  (Part  I);
  to  amend the education law, in relation to special education programs
  for preschool children with a disability (Part J); to amend the educa-
  tion law, in relation to authorizing the board of  cooperative  educa-
  tional services to enter into contracts with the commissioner of chil-
  dren  and  family  services  to  provide certain services (Part K); to
  repeal section 527-l of the executive law, relating to annual  reports
  of  the youth center facility program (Part L); to amend the executive
  law, in relation to  the  creation  of  a  validated  risk  assessment
  instrument  (Part M); to amend the social services law, in relation to
  conciliation conferences  related  to  public  assistance;  to  repeal
  certain provisions of such law relating thereto; and providing for the
  repeal  of  such provisions upon expiration thereof (Part N); to amend
  the education law, in relation to the number of NY-SUNY 2020 challenge
  grants awarded regionally (Part O); to amend  the  education  law,  in
  relation  to  creating the task force on college remediation (Part P);
  to amend the education law, in  relation  to  increasing  the  state's
  share of operating costs for the State University of New York communi-
  ty  colleges and the City of New York community colleges and requiring
  that the trustees of community colleges that receive aid report to the
  chairs of the senate finance committee and the assembly ways and means
  committee regarding measures taken to increase efficiency (Part Q); to
  amend the education  law,  in  relation  to  non-resident  tuition  of
  students of the university centers of the State University of New York
  (Part  R);  and  to  amend the education law, in relation to community
  college charge backs (Part S)

  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 2012-2013
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through S. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, 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.

S. 6257--C                          4

                                 PART A

  Section  1.  Notwithstanding  any  inconsistent  provision  of law, no
school district shall  be  eligible  for  an  apportionment  of  general
support  for  public schools from the funds appropriated for the 2012-13
school year and thereafter in excess of the amount apportioned  to  such
district  for  the  same  time  period  during the base year unless such
school district has submitted documentation that has  been  approved  by
the  commissioner of education by January 17, 2013 demonstrating that it
has fully implemented new standards and procedures for conducting annual
professional performance reviews  of  classroom  teachers  and  building
principals  to  determine  teacher and principal effectiveness including
but not limited to providing for (i) state assessments and other  compa-
rable measures which shall comprise twenty or twenty-five percent of the
evaluation;  (ii)  locally  selected measures of the student achievement
subcomponent which shall comprise twenty or fifteen percent of the eval-
uation; (iii)  subjective  measures  of  effectiveness  that  have  been
approved  by  the commissioner with the majority of such points based on
multiple observations by an administrator or principal with at least one
unannounced observation which shall comprise 60 percent  of  the  evalu-
ation;  and  (iv)  a scoring rubric which ensures that it is possible to
receive any one of four ratings limited to highly effective,  effective,
developing  and  ineffective; provided however that if any such payments
in excess of the amount apportioned to such district for the  same  time
period  during  the base year were made, and the school district has not
submitted documentation that it has fully implemented new standards  and
procedures as set forth above that has been approved by the commissioner
of  education  by  January  17,  2013, the total amount of such payments
shall be deducted by the commissioner from future payments to the school
district; provided further that, for the 2012-13  school  year  if  such
deduction  is  greater  than  the  sum of the amounts available for such
deductions, the remainder  of  the  deduction  shall  be  withheld  from
payments scheduled to be made to the school district pursuant to section
3609-a  of  the  education  law  for  the  2013-14 school year; provided
further that notwithstanding any inconsistent provision of  law  to  the
contrary  such documentation shall include a plan adopted by the govern-
ing board of the school  district  for  conducting  annual  professional
performance  reviews  of classroom teachers and building principals that
has been approved by the commissioner, and in  order  to  be  approvable
such  plan  shall  conform  with  the requirements for conducting annual
professional performance reviews  of  classroom  teachers  and  building
principals, including but not limited to (i) state assessments and other
comparable  measures  which shall comprise twenty or twenty-five percent
of the  evaluation;  (ii)  locally  selected  measures  of  the  student
achievement  subcomponent which shall comprise twenty or fifteen percent
of the evaluation; (iii) subjective measures of effectiveness that  have
been approved by the commissioner with the majority of such points based
on  multiple observations by an administrator or principal with at least
one unannounced observation which shall comprise 60 percent of the eval-
uation; and (iv) a scoring rubric which ensures that it is  possible  to
receive  any one of four ratings limited to highly effective, effective,
developing and ineffective; consistent with and conforms to a chapter of
the laws of 2012 enacted as legislation submitted by the governor pursu-
ant to Article VII of the New York constitution;  and  provided  further
that for a school district in a city with a population of one million or
more,  notwithstanding any inconsistent provision of law, no such school

S. 6257--C                          5

district shall be eligible for an apportionment of general  support  for
public  schools  from the funds appropriated for the 2012-13 school year
and thereafter in excess of the amount appropriated to such district for
the  same  time  period during the base year unless such school district
has submitted documentation that has been approved by  the  commissioner
by  January  17,  2013  demonstrating that it has adopted an expeditious
appeals process pertaining to the annual professional performance review
of classroom teachers and building principals that  is  consistent  with
and  conforms  to  a  chapter of the laws of 2012 enacted as legislation
submitted by the governor pursuant  to  Article  VII  of  the  New  York
constitution  and  if  any  such payments in excess of the amount appor-
tioned to such district for the same time period during  the  base  year
were  made, and the school district has not submitted documentation that
has been approved by the commissioner by January 17, 2013  that  it  has
adopted  an expeditious appeals process pertaining to the annual profes-
sional performance review of classroom teachers and building  principals
that  is  consistent  with and conforms to a chapter of the laws of 2012
enacted as legislation submitted by the governor pursuant to Article VII
of the New York constitution, the total amount of such payments shall be
deducted  by  the  commissioner  from  future  payments  to  the  school
district; and provided further that, for the 2012-13 school year if such
deduction  is  greater  than  the  sum of the amounts available for such
deductions, the remainder  of  the  deduction  shall  be  withheld  from
payments scheduled to be made to the school district pursuant to section
3609-a of the education law for the 2013-14 school year.
  S 2. Intentionally omitted.
  S  2-a. Paragraph a of subdivision 1 of section 211-d of the education
law, as amended by section 2 of part A of chapter  57  of  the  laws  of
2008, is amended to read as follows:
  a. Every school district that, as of April first of the base year, has
at  least one school identified as in corrective action or restructuring
status or as a school requiring academic progress: year two or above  or
as  a  school  in  need  of  improvement:  year two shall be required to
prepare a contract for excellence if the school district is estimated to
receive an increase  in  total  foundation  aid  for  the  current  year
compared  to  the  base  year in an amount that equals or exceeds either
fifteen million dollars or ten percent of the  amount  received  in  the
base  year,  whichever  is  less,  or, FOR SCHOOL YEARS PRIOR TO THE TWO
THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, receives  a  supple-
mental  educational  improvement plan grant. In school year two thousand
seven--two thousand eight such increase  shall  be  the  amount  of  the
difference  between  total  foundation aid received for the current year
and the total foundation aid base, as defined in paragraph j of subdivi-
sion one of section thirty-six hundred two of this chapter.
  S 2-b. Paragraph e of subdivision 1 of section 211-d of the  education
law,  as  amended  by  section  1 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district

S. 6257--C                          6

are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
district's  gap  elimination  adjustment percentage AND PROVIDED FURTHER
THAT ONLY A SCHOOL DISTRICT THAT IS  SUBJECT  TO  PARAGRAPH  C  OF  THIS
SUBDIVISION AND WAS REQUIRED TO SUBMIT A CONTRACT FOR EXCELLENCE FOR THE
TWO  THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR SHALL BE  REQUIRED
TO SUBMIT A CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND  TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR, WHICH SHALL, NOTWITHSTANDING THE REQUIRE-
MENTS  OF  SUBPARAGRAPH  (VI)  OF PARAGRAPH A OF SUBDIVISION TWO OF THIS
SECTION, PROVIDE FOR THE EXPENDITURE OF AN  AMOUNT  NOT  LESS  THAN  THE
AMOUNT  APPROVED BY THE COMMISSIONER FOR ITS CONTRACT FOR EXCELLENCE FOR
THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR.  For  purposes
of  this paragraph, the "gap elimination adjustment percentage" shall be
calculated as the sum of one minus the quotient of the sum of the school
district's net gap elimination  adjustment  for  two  thousand  ten--two
thousand  eleven computed pursuant to chapter fifty-three of the laws of
two thousand ten, making appropriations for the support  of  government,
plus  the  school district's gap elimination adjustment for two thousand
eleven--two  thousand  twelve  as  computed  pursuant  to  [a]   chapter
FIFTY-THREE  of  the  laws of two thousand eleven, making appropriations
for the support of the local assistance budget,  including  support  for
general support for public schools, divided by the total aid for adjust-
ment  computed  pursuant  to  [a] chapter FIFTY-THREE of the laws of two
thousand eleven, making appropriations for the local assistance  budget,
including  support  for  general  support  for public schools. Provided,
further, that such amount shall be  expended  to  support  and  maintain
allowable programs and activities approved in the two thousand nine--two
thousand  ten  school  year  or  to  support  new  or expanded allowable
programs and activities in the current year.
  S 3. Intentionally omitted.
  S 4. Intentionally omitted.
  S 5. Paragraphs dd and ee of subdivision 1  of  section  3602  of  the
education  law,  as  added  by section 25 of part A of chapter 58 of the
laws of 2011, are amended to read as follows:
  dd. "Allowable growth amount" shall mean the product of  the  positive
difference  of the personal income growth index minus one, multiplied by
the statewide total of the SUM OF (1) THE apportionments, including  the
gap elimination adjustment, due and owing during the base year, commenc-
ing  with  the base year computed for the two thousand twelve--two thou-
sand thirteen school year, to school districts and boards of cooperative
educational services from the general  support  for  public  schools  as
computed based on an electronic data file used to produce the school aid
computer  listing produced by the commissioner in support of the enacted
budget for the base year PLUS (2) THE COMPETITIVE AWARDS AMOUNT FOR  THE
BASE YEAR.
  ee.  "Competitive awards amount" shall mean, for two thousand twelve--
two thousand thirteen state fiscal year, fifty million dollars, and  for
two  thousand thirteen--two thousand fourteen and thereafter, [the prod-
uct of the personal income growth index  multiplied  by  the  base  year
competitive awards amount] ONE HUNDRED MILLION DOLLARS.

S. 6257--C                          7

  S 5-a.  Paragraph c of subdivision 17 of section 3602 of the education
law, as added by section 37 of part A of chapter 58 of the laws of 2011,
is amended and a new paragraph d is added to read as follows:
  c.  The  gap  elimination  adjustment for the two thousand twelve--two
thousand thirteen school year and thereafter shall be equal to  the  gap
elimination adjustment for the base year, plus, in any year in which the
preliminary growth amount exceeds the allowable growth amount, the prod-
uct  of  the gap elimination adjustment percentage for such district and
the positive difference, if any, between the preliminary  growth  amount
less  the  allowable  growth amount, as computed pursuant to subdivision
one of this section, and  less  the  [product  of  the  gap  elimination
adjustment percentage for such district and the] gap elimination adjust-
ment  restoration  amount,  if  any,  allocated pursuant to [subdivision
eighteen of] this section.
  D. THE GAP ELIMINATION RESTORATION AMOUNT.  (I)  THE  GAP  ELIMINATION
RESTORATION  AMOUNT  FOR  THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
SCHOOL YEAR FOR A SCHOOL DISTRICT SHALL EQUAL THE GREATER OF
  (A) THE PRODUCT OF (1) THE PRODUCT OF THE  EXTRAORDINARY  NEEDS  INDEX
MULTIPLIED BY TWO HUNDRED THIRTY DOLLARS, COMPUTED TO TWO DECIMAL PLACES
WITHOUT  ROUNDING,  MULTIPLIED  BY  (2) THE STATE SHARING RATIO COMPUTED
PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION  MULTIPLIED
BY  (3)  THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR, CALCU-
LATED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE  OF
THIS  SECTION, WHERE THE EXTRAORDINARY NEEDS INDEX SHALL BE THE QUOTIENT
OF THE EXTRAORDINARY NEEDS PERCENT FOR THE DISTRICT COMPUTED PURSUANT TO
PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION  DIVIDED  BY  THIRTY-NINE
HUNDREDTHS; OR
  (B)  FOR ANY DISTRICT WITH A GAP ELIMINATION IMPACT RATIO GREATER THAN
ONE, WHERE THE GAP ELIMINATION IMPACT RATIO SHALL BE THE QUOTIENT OF (1)
THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR FOR THE DISTRICT DIVIDED BY THE  TOTAL  GENERAL  FUND
EXPENDITURES  OF  SUCH  DISTRICT  IN  THE  BASE YEAR, DIVIDED BY (2) THE
STATEWIDE AVERAGE  GAP  ELIMINATION  ADJUSTMENT  FOR  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL YEAR DIVIDED BY TOTAL GENERAL FUND
EXPENDITURES IN THE BASE YEAR, THE PRODUCT OF (3) THE PRODUCT OF THE GAP
ELIMINATION IMPACT  RATIO  MULTIPLIED  BY  ONE  HUNDRED  FIFTY  DOLLARS,
COMPUTED  TO  TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY (4) THE
STATE SHARING RATIO COMPUTED PURSUANT  TO  PARAGRAPH  G  OF  SUBDIVISION
THREE  OF  THIS  SECTION  MULTIPLIED  BY  (5) THE PUBLIC SCHOOL DISTRICT
ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; OR
  (C) FIVE PERCENT OF THE GAP ELIMINATION ADJUSTMENT FOR THE  TWO  THOU-
SAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR; OR
  (D)  THE  PRODUCT  OF (1) A VALUE COMPUTED BY SUBTRACTING FROM ONE AND
THIRTY-SEVEN HUNDREDTHS THE PRODUCT OBTAINED BY MULTIPLYING THE COMBINED
WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE  OF  PARAGRAPH  C  OF
SUBDIVISION  THREE OF THIS SECTION BY ONE AND FIFTY HUNDREDTHS, COMPUTED
TO THREE DECIMAL PLACES WITHOUT ROUNDING  BUT  NOT  LESS  THAN  ZERO  OR
GREATER  THAN  ONE, MULTIPLIED BY (2) SIX HUNDRED DOLLARS, MULTIPLIED BY
(3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR,  CALCULATED
PURSUANT  TO  SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS
SECTION; OR
  (E) FOR ANY DISTRICT WITH A TAX EFFORT RATIO  GREATER  THAN  FOUR  AND
FORTY  HUNDREDTHS COMPUTED PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH A
OF SUBDIVISION SIXTEEN OF THIS SECTION AND A COMBINED WEALTH RATIO  LESS
THAN  ONE  AND FIFTY HUNDREDTHS COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF

S. 6257--C                          8

PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION, THE PRODUCT OF (1) THE
STATE SHARING RATIO COMPUTED PURSUANT  TO  PARAGRAPH  G  OF  SUBDIVISION
THREE  OF  THIS  SECTION  MULTIPLIED  BY  (2) THE PUBLIC SCHOOL DISTRICT
ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH  N  OF  SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (3) FOUR
HUNDRED THIRTY DOLLARS.
  BUT SHALL BE NO GREATER THAN THE PRODUCT OF THIRTY PERCENT AND THE GAP
ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND  TWELVE
SCHOOL YEAR FOR THE DISTRICT.
  (II) THE GAP ELIMINATION RESTORATION AMOUNT FOR THE TWO THOUSAND THIR-
TEEN--TWO  THOUSAND  FOURTEEN SCHOOL YEAR AND THEREAFTER SHALL EQUAL THE
PRODUCT OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT AND THE  GAP
ELIMINATION  ADJUSTMENT  RESTORATION  ALLOCATION ESTABLISHED PURSUANT TO
SUBDIVISION EIGHTEEN OF THIS SECTION.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. Intentionally omitted.
  S 9. Intentionally omitted.
  S 10. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as  amended  by  section 46 of part A of chapter 58 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
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  eleven--two thousand twelve] TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN.
  S 11. Intentionally omitted.
  S 11-a. Intentionally omitted.
  S 11-b. Intentionally omitted.
  S 12. Subdivision 6 of section 4402 of the education law,  as  amended
by section 58 of part A of chapter 58 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-

S. 6257--C                          9

ty-six  through  June  thirtieth,  two thousand [twelve] THIRTEEN of the
[two thousand eleven--two  thousand  twelve]  TWO  THOUSAND  TWELVE--TWO
THOUSAND  THIRTEEN 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
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 12-a. 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
65  of  part  A of chapter 58 of the laws of 2011, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this  section  [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, 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, reimbursement for the 2010--2011  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], reimburse-
ment for the 2011--2012 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, AND, NOTWITHSTANDING ANY PROVISION OF
LAW ENACTED IN THE AID TO LOCALITIES BUDGET ENACTED IN  SUPPORT  OF  THE
2012-13  STATE  FISCAL  YEAR  TO  THE  CONTRARY,  REIMBURSEMENT  FOR THE
2012--2013 SCHOOL YEAR SHALL NOT EXCEED 63.3 PERCENT OF  THE  LESSER  OF
SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND THIRTY-FIVE
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 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

S. 6257--C                         10

hundred sixty-three thousand nine hundred seven (1,763,907) hours; wher-
eas  for  the 2010--2011 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--2012 school year such contact
hours shall not exceed one  million  seven  hundred  one  thousand  five
hundred  seventy  (1,701,570)  hours;  WHEREAS FOR THE 2012--2013 SCHOOL
YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SIX HUNDRED  SIXTY-
FOUR THOUSAND FIVE HUNDRED THIRTY-TWO (1,664,532) HOURS. Notwithstanding
any other provision of law to the contrary, the apportionment calculated
for  the city school district of the city of New York pursuant to subdi-
vision 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 eligible for  aid  in
accordance with the provisions of such subdivision 11 of section 3602 of
the education law.
  S  12-b.  Section  4  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, is amended by adding a new subdi-
vision q to read as follows:
  Q.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2012--2013 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 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. 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 section 67 of part A of
chapter 58 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, [2012] 2013.
  S 16. 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 section 68 of part A of chapter 58 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, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2013] 2014.
  S  17.  Subdivision  6-a  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

S. 6257--C                         11

support of government, as amended by section 51 of part B of chapter  57
of the laws of 2007, is amended to read as follows:
  (6-a) Section seventy-three of this act shall take effect July 1, 1995
and shall be deemed repealed June 30, [2012] 2017;
  S  18. 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 section 69 of part A of chapter  58
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,
[2012] 2013 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, [2012] 2013;
  S 19. Section 4 of chapter 698 of  the  laws  of  1996,  amending  the
education  law relating to transportation contracts, as amended by chap-
ter 165 of the laws of 2007, is amended to read as follows:
  S 4. This act shall take effect immediately, and shall expire  and  be
deemed repealed on and after June 30, [2012] 2017.
  S  20.  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 section 72 of part A of
chapter 58 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, [2012] 2013 when
upon such date the provisions of this act shall be deemed repealed.
  S 21. 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 section 73 of part A of chapter 58 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, [2012] 2013.
  S 22. 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 74 of part A of chapter 58 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, [2012] 2013.
  S  23. Subdivision 4 of section 51 of part B of chapter 57 of the laws
of 2008, amending the education law relating to the  universal  pre-kin-
dergarten  program,  as  amended  by  chapter  2 of the laws of 2011, is
amended to read as follows:
  4. section 23 of this act shall take effect July  1,  2008  and  shall
expire and be deemed repealed June 30, [2012] 2013;
  S 24. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2012--13 school year, the commissioner of education  shall  allocate
school  bus  driver  training  grants  to school districts and boards of

S. 6257--C                         12

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
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 25. Support of public libraries. The  moneys  appropriated  for  the
support  of public libraries by the chapter of the laws of 2012 enacting
the aid to localities budget shall be apportioned for the 2012--13 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  act,  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 2012--2013
by  a  chapter of the laws of 2012 enacting the aid to localities 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  26.  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, 2013 and not later than the last day  of  the  third  full
business  week  of  June, 2013, 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, 2013, for salary expenses incurred between April 1
and June 30, 2013 and such apportionment shall not exceed the sum of (i)
the deficit reduction  assessment  of  1990--91  as  determined  by  the
commissioner  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 inhab-
itants according to the latest federal census  plus  (iv)  the  net  gap
elimination adjustment for 2010--2011, as determined by the commissioner
of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--12 as determined by the commission-
er of education pursuant to subdivision 17 of section 3602 of the educa-
tion law, and provided further that such apportionment shall not  exceed
such  salary  expenses.  Such  application  shall  be  made  by a school
district, after the board of education or trustees have adopted a resol-
ution 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

S. 6257--C                         13

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
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  27. 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, 2013, 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, 2013 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
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president 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

S. 6257--C                         14

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 28. 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 programs.
  S 29. 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 2012--13  school  year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  30.  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 2012--2013 school year.
To the city school district of the city of New York there shall be  paid
forty-eight   million   one   hundred   seventy-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,  twen-

S. 6257--C                         15

ty-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, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   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 subdivision a of this section, a
school district receiving a grant pursuant to this section may use  such
grant  funds  for:  (i) any instructional or instructional support costs
associated with the operation of a magnet school; or (ii)  any  instruc-
tional  or instructional support costs associated with implementation of
an alternative approach to reduction of racial isolation and/or enhance-
ment of the instructional program and raising of standards in elementary
and secondary schools of school  districts  having  substantial  concen-
trations  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 commissioner.
  c.  for  the  purpose of attendance improvement and dropout prevention
for the 2012--2013 school year, for any city school district in  a  city
having  a  population of more than one million, the setaside for attend-
ance improvement and dropout prevention shall equal the amount set aside
in the year prior to the base year. For the 2012--2013 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 subdivision to community-based organizations. Any
increase required pursuant to this subdivision to community-based organ-
izations must be in addition to allocations provided to  community-based
organizations in the base year.
  d.  for the purpose of teacher support for the 2012--2013 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 seven-

S. 6257--C                         16

ty-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,  eight  hundred
nine  thousand  dollars ($809,000). All funds made available to a school
district pursuant to this subdivision shall be distributed among  teach-
ers  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  31.  a. Notwithstanding any other provision of law to the contrary,
the actions or omissions of any school district which failed to submit a
final building project cost report by June 30 of the school year follow-
ing June 30 of the school year in which the certificate  of  substantial
completion of the project is issued by the architect or engineer, or six
months after issuance of such certificate, whichever is later, are here-
by  ratified  and  validated,  provided  that  such building project was
eligible for aid in a year for which the  commissioner  is  required  to
prepare  an  estimate  of apportionments due and owing pursuant to para-
graph c of subdivision 21 of section 305 of the education law,  provided
further  that  such  school  district  submits a final cost report on or
before December 31, 2012 and such report is approved by the commissioner
of education, and provided further that any amount due and  payable  for
school  years  prior  to the 2013-14 school year as a result of this act
shall be paid pursuant to the provisions of paragraph c of subdivision 5
of section 3604 of the education law.
  b. Notwithstanding any other provision of law  to  the  contrary,  any
pending  payment  of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of subdivision 5 of section 3604 of
the education law for aid claims that had been previously paid in excess
as current year aid payments and for which recovery of  excess  payments
is  to  be  made pursuant to this act, shall be reduced by any remaining
unrecovered balance of such excess payments, and the remaining scheduled
deductions of such excess payments pursuant to this act shall be reduced
by the commissioner of education to reflect the amount so recovered.
  c. The education department is hereby directed to adjust the  approved
costs  of the aforementioned projects on a pro-rata basis to reflect the
number of years between June 30 of the school year following June 30  of
the  school  year  in which the certificate of substantial completion of
the project is issued by the architect or engineer, or six months  after
issuance of such certificate, whichever is later and the date upon which
the  district  filed  a  final cost report as a proportion of the useful
life of the project, and to consider such  adjusted  approved  costs  as
valid and proper obligations of such school districts.
  S 32. 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

S. 6257--C                         17

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 33. This act shall take effect immediately, and shall be  deemed  to
have been in full force and effect on and after April 1, 2012, provided,
however, that:
  1.  Sections  five-a, ten, twelve, twelve-a, twelve-b, twenty-four and
thirty of this act shall take effect July 1, 2012;
  2. The amendments to subdivision 6 of section 4402  of  the  education
law  made  by  section twelve of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
  3. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education  in  New  York  city,  made  by  sections twelve-a and
twelve-b of this act shall not affect the repeal  of  such  chapter  and
shall be deemed repealed therewith; and
  4.  Section  twenty-eight  of  this  act  shall  expire  and be deemed
repealed June 30, 2013.

                                PART A-1

  Section 1. Subdivision 1 of section 3012-c of the  education  law,  as
added by chapter 103 of the laws of 2010, is amended to read as follows:
  1.  Notwithstanding  any other provision of law, rule or regulation to
the contrary, the annual professional performance reviews of all  class-
room  teachers  and  building principals employed by school districts or
boards of cooperative educational services shall be conducted in accord-
ance with the provisions of this section. Such performance reviews which
are conducted on or after July first, two  thousand  eleven,  or  on  or
after  the  date  specified  in  paragraph  c of subdivision two of this
section where applicable, shall include measures of student  achievement
and  be  conducted in accordance with this section.  Such annual profes-
sional performance reviews shall be a significant factor for  employment
decisions  including  but  not  limited to, promotion, retention, tenure
determination, termination, and supplemental compensation,  which  deci-
sions  are  to  be  made in accordance with locally developed procedures
negotiated pursuant to the requirements of article fourteen of the civil
service law WHERE APPLICABLE.  PROVIDED, HOWEVER, THAT NOTHING  IN  THIS
SECTION  SHALL  BE  CONSTRUED  TO AFFECT THE STATUTORY RIGHT OF A SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  TO  TERMINATE  A
PROBATIONARY  TEACHER  OR PRINCIPAL FOR STATUTORILY AND CONSTITUTIONALLY
PERMISSIBLE REASONS OTHER THAN THE PERFORMANCE OF THE TEACHER OR PRINCI-
PAL IN THE CLASSROOM OR SCHOOL, INCLUDING BUT NOT LIMITED TO MISCONDUCT.
Such performance reviews shall also be a significant factor  in  teacher
and  principal  development,  including  but  not  limited to, coaching,
induction support and differentiated professional development, which are
to be locally  established  in  accordance  with  procedures  negotiated
pursuant  to  the  requirements of article fourteen of the civil service
law.
  S 2. Paragraph a of subdivision 2 of section 3012-c of  the  education
law,  as added by chapter 103 of the laws of 2010, is amended to read as
follows:

S. 6257--C                         18

  a. (1) 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, FOR  THE  STATE  ASSESSMENTS  AND  OTHER  COMPARABLE  MEASURES
SUBCOMPONENT  OF THE EVALUATION AND FOR THE LOCALLY SELECTED MEASURES OF
STUDENT ACHIEVEMENT SUBCOMPONENT OF THE EVALUATION, as prescribed in the
regulations of the commissioner. THERE SHALL BE: (I) A STATE ASSESSMENTS
AND OTHER COMPARABLE MEASURES SUBCOMPONENT WHICH SHALL  COMPRISE  TWENTY
OR  TWENTY-FIVE PERCENT OF THE EVALUATION; (II) A LOCALLY SELECTED MEAS-
URES OF STUDENT ACHIEVEMENT SUBCOMPONENT WHICH SHALL COMPRISE TWENTY  OR
FIFTEEN PERCENT OF THE EVALUATION; AND (III) AN OTHER MEASURES OF TEACH-
ER  OR  PRINCIPAL  EFFECTIVENESS  SUBCOMPONENT  WHICH SHALL COMPRISE THE
REMAINING SIXTY PERCENT OF THE EVALUATION, WHICH IN SUM SHALL CONSTITUTE
THE COMPOSITE TEACHER OR  PRINCIPAL  EFFECTIVENESS  SCORE.  Such  annual
professional  performance  reviews  shall  result  in a single composite
teacher or principal effectiveness score,  which  incorporates  multiple
measures  of effectiveness related to the criteria included in the regu-
lations of the commissioner.
  (2) FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED  IN  ACCORD-
ANCE  WITH  PARAGRAPH  B  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL  YEAR  AND  FOR  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEWS  CONDUCTED IN ACCORDANCE WITH PARAGRAPHS F AND G OF
THIS SUBDIVISION FOR THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN
SCHOOL YEAR, THE OVERALL COMPOSITE SCORING RANGES SHALL BE IN ACCORDANCE
WITH THIS SUBPARAGRAPH. A CLASSROOM TEACHER AND BUILDING PRINCIPAL SHALL
BE DEEMED TO BE:
  (A)  HIGHLY  EFFECTIVE IF THEY ACHIEVE A COMPOSITE EFFECTIVENESS SCORE
OF 91-100.
  (B) EFFECTIVE IF THEY  ACHIEVE  A  COMPOSITE  EFFECTIVENESS  SCORE  OF
75-90.
  (C)  DEVELOPING  IF  THEY  ACHIEVE  A COMPOSITE EFFECTIVENESS SCORE OF
65-74.
  (D) INEFFECTIVE IF THEY ACHIEVE A  COMPOSITE  EFFECTIVENESS  SCORE  OF
0-64.
  (3)  FOR  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORD-
ANCE  WITH  PARAGRAPH  B  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  AND FOR ANNUAL PROFESSIONAL
PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH  PARAGRAPH  F  OF  THIS
SUBDIVISION  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR FOR CLASSROOM TEACHERS IN SUBJECTS AND GRADES FOR WHICH  THE  BOARD
OF REGENTS HAS NOT APPROVED A VALUE-ADDED MODEL AND FOR BUILDING PRINCI-
PALS  EMPLOYED  IN  SCHOOLS  OR  PROGRAMS FOR WHICH THERE IS NO APPROVED
PRINCIPAL VALUE-ADDED MODEL, THE SCORING RANGES FOR THE  STUDENT  GROWTH
ON  STATE ASSESSMENTS OR OTHER COMPARABLE MEASURES SUBCOMPONENT SHALL BE
IN ACCORDANCE WITH THIS SUBPARAGRAPH. A CLASSROOM TEACHER  AND  BUILDING
PRINCIPAL SHALL RECEIVE:
  (A) A HIGHLY EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR
PRINCIPAL'S  RESULTS  ARE  WELL-ABOVE  THE  STATE  AVERAGE  FOR  SIMILAR
STUDENTS AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 18-20;
  (B) AN EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR PRIN-
CIPAL'S RESULTS MEET THE STATE AVERAGE FOR  SIMILAR  STUDENTS  AND  THEY
ACHIEVE A SUBCOMPONENT SCORE OF 9-17; OR

S. 6257--C                         19

  (C) A DEVELOPING RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR PRIN-
CIPAL'S  RESULTS  ARE  BELOW  THE STATE AVERAGE FOR SIMILAR STUDENTS AND
THEY ACHIEVE A SUBCOMPONENT SCORE OF 3-8; OR
  (D)  AN  INEFFECTIVE  RATING IN THIS SUBCOMPONENT, IF THE TEACHER'S OR
PRINCIPAL'S  RESULTS  ARE  WELL-BELOW  THE  STATE  AVERAGE  FOR  SIMILAR
STUDENTS AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 0-2.
  (4)  FOR  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORD-
ANCE  WITH  PARAGRAPH  G  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL  YEAR  FOR CLASSROOM TEACHERS IN
SUBJECTS AND GRADES FOR WHICH  THE  BOARD  OF  REGENTS  HAS  APPROVED  A
VALUE-ADDED  MODEL  AND  FOR  BUILDING PRINCIPALS EMPLOYED IN SCHOOLS OR
PROGRAMS FOR WHICH THERE IS AN APPROVED PRINCIPAL VALUE-ADDED MODEL, THE
SCORING RANGES FOR THE STUDENT GROWTH  ON  STATE  ASSESSMENTS  OR  OTHER
COMPARABLE  MEASURES  SUBCOMPONENT  SHALL  BE  IN  ACCORDANCE  WITH THIS
SUBPARAGRAPH. A CLASSROOM TEACHER AND BUILDING PRINCIPAL SHALL RECEIVE:
  (A) A HIGHLY EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR
PRINCIPAL'S  RESULTS  ARE  WELL-ABOVE  THE  STATE  AVERAGE  FOR  SIMILAR
STUDENTS AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 22-25;
  (B) AN EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR PRIN-
CIPAL'S  RESULTS  MEET  THE  STATE AVERAGE FOR SIMILAR STUDENTS AND THEY
ACHIEVE A SUBCOMPONENT SCORE OF 10-21; OR
  (C) A DEVELOPING RATING IN THIS SUBCOMPONENT IF THE TEACHER'S OR PRIN-
CIPAL'S RESULTS ARE BELOW THE STATE AVERAGE  FOR  SIMILAR  STUDENTS  AND
THEY ACHIEVE A SUBCOMPONENT SCORE OF 3-9; OR
  (D)  AN  INEFFECTIVE  RATING IN THIS SUBCOMPONENT, IF THE TEACHER'S OR
PRINCIPAL'S  RESULTS  ARE  WELL-BELOW  THE  STATE  AVERAGE  FOR  SIMILAR
STUDENTS AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 0-2.
  (5)  FOR  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORD-
ANCE  WITH  PARAGRAPH  B  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  AND FOR ANNUAL PROFESSIONAL
PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH  PARAGRAPH  F  OF  THIS
SUBDIVISION  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR FOR CLASSROOM TEACHERS IN SUBJECTS AND GRADES FOR WHICH  THE  BOARD
OF REGENTS HAS NOT APPROVED A VALUE-ADDED MODEL AND FOR BUILDING PRINCI-
PALS  EMPLOYED  IN  SCHOOLS  OR  PROGRAMS FOR WHICH THERE IS NO APPROVED
PRINCIPAL VALUE-ADDED MODEL, THE SCORING RANGES FOR THE LOCALLY SELECTED
MEASURES OF STUDENT ACHIEVEMENT SUBCOMPONENT SHALL BE IN ACCORDANCE WITH
THIS SUBPARAGRAPH. A CLASSROOM  TEACHER  AND  BUILDING  PRINCIPAL  SHALL
RECEIVE:
  (A)  A HIGHLY EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE RESULTS ARE
WELL-ABOVE DISTRICT-ADOPTED EXPECTATIONS FOR STUDENT GROWTH OR  ACHIEVE-
MENT AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 18-20; OR
  (B)  AN  EFFECTIVE  RATING  IN  THIS  SUBCOMPONENT IF THE RESULTS MEET
DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR ACHIEVEMENT AND THEY ACHIEVE
A SUBCOMPONENT SCORE OF 9-17; OR
  (C) A DEVELOPING RATING IN THIS SUBCOMPONENT IF THE RESULTS ARE  BELOW
DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR ACHIEVEMENT AND THEY ACHIEVE
A SUBCOMPONENT SCORE OF 3-8; OR
  (D)  AN  INEFFECTIVE  RATING  IN  THIS SUBCOMPONENT IF THE RESULTS ARE
WELL-BELOW DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR  ACHIEVEMENT  AND
THEY ACHIEVE A SUBCOMPONENT SCORE OF 0-2.
  (6)  FOR  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORD-
ANCE  WITH  PARAGRAPH  B  OF  THIS  SUBDIVISION  FOR  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  AND FOR ANNUAL PROFESSIONAL
PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE WITH  PARAGRAPH  G  OF  THIS
SUBDIVISION  FOR  THE  TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL

S. 6257--C                         20

YEAR FOR CLASSROOM TEACHERS IN SUBJECTS AND GRADES FOR WHICH  THE  BOARD
OF  REGENTS HAS APPROVED A VALUE-ADDED MODEL AND FOR BUILDING PRINCIPALS
EMPLOYED IN SCHOOLS OR PROGRAMS FOR WHICH THERE IS AN APPROVED PRINCIPAL
VALUE-ADDED  MODEL, THE SCORING RANGES FOR THE LOCALLY SELECTED MEASURES
OF STUDENT ACHIEVEMENT SUBCOMPONENT SHALL BE  IN  ACCORDANCE  WITH  THIS
SUBPARAGRAPH. A CLASSROOM TEACHER AND BUILDING PRINCIPAL SHALL RECEIVE:
  (A)  A HIGHLY EFFECTIVE RATING IN THIS SUBCOMPONENT IF THE RESULTS ARE
WELL-ABOVE DISTRICT-ADOPTED EXPECTATIONS FOR STUDENT GROWTH OR  ACHIEVE-
MENT AND THEY ACHIEVE A SUBCOMPONENT SCORE OF 14-15; OR
  (B)  AN  EFFECTIVE  RATING  IN  THIS  SUBCOMPONENT IF THE RESULTS MEET
DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR ACHIEVEMENT AND THEY ACHIEVE
A SUBCOMPONENT SCORE OF 8-13; OR
  (C) A DEVELOPING RATING IN THIS SUBCOMPONENT IF THE RESULTS ARE  BELOW
DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR ACHIEVEMENT AND THEY ACHIEVE
A SUBCOMPONENT SCORE OF 3-7; OR
  (D)  AN  INEFFECTIVE  RATING  IN  THIS SUBCOMPONENT IF THE RESULTS ARE
WELL-BELOW DISTRICT-ADOPTED EXPECTATIONS FOR GROWTH OR  ACHIEVEMENT  AND
THEY ACHIEVE A SUBCOMPONENT SCORE OF 0-2.
  (7)  FOR  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR
AND THEREAFTER, THE COMMISSIONER SHALL REVIEW THE SPECIFIC SCORING RANG-
ES FOR EACH OF THE RATING CATEGORIES ANNUALLY BEFORE THE START  OF  EACH
SCHOOL  YEAR AND SHALL RECOMMEND ANY CHANGES TO THE BOARD OF REGENTS FOR
CONSIDERATION.
  (8) Except for the student growth measures ON THE STATE ASSESSMENTS OR
OTHER COMPARABLE MEASURES OF STUDENT GROWTH prescribed in paragraphs  e,
f  and  g  of  this  subdivision,  the elements comprising the composite
effectiveness score AND THE PROCESS BY  WHICH  POINTS  ARE  ASSIGNED  TO
SUBCOMPONENTS  shall be locally developed, consistent with the standards
prescribed in the regulations of the commissioner AND  THE  REQUIREMENTS
OF  THIS  SECTION,  through  negotiations  conducted,  pursuant  to  the
requirements of article fourteen of the civil service law.
  S 3. Paragraphs b and c of subdivision 2  of  section  3012-c  of  the
education  law, as added by chapter 103 of the laws of 2010, are amended
to read as follows:
  b. (1) Annual professional performance  reviews  conducted  by  school
districts  [on  or  after  July first, two thousand eleven] OR BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES FOR THE TWO THOUSAND ELEVEN--TWO  THOU-
SAND  TWELVE SCHOOL YEAR of classroom teachers of common branch subjects
or English language arts or mathematics 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 effective-
ness score for such classroom teachers and principals.
  (2)  SUBJECT  TO  PARAGRAPH  K  OF  THIS SUBDIVISION THE ENTIRE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW SHALL BE COMPLETED AND PROVIDED  TO  THE
TEACHER  OR  PRINCIPAL  AS SOON AS PRACTICABLE BUT IN NO CASE LATER THAN
SEPTEMBER FIRST, TWO THOUSAND TWELVE. THE  PROVISIONS  OF  SUBPARAGRAPHS
TWO  AND  THREE  OF  PARAGRAPH C OF THIS SUBDIVISION SHALL APPLY TO SUCH
REVIEWS.
  c. (1) Annual professional performance  reviews  conducted  by  school
districts  or  boards  of  cooperative educational services [on or after
July first, two thousand twelve] FOR THE TWO THOUSAND TWELVE--TWO  THOU-
SAND  THIRTEEN  SCHOOL YEAR AND THEREAFTER of all classroom teachers and
all building principals shall be conducted pursuant to this  subdivision
and  shall  use  two  thousand  eleven--two  thousand twelve school year

S. 6257--C                         21

student data as the baseline for the initial computation of the  compos-
ite teacher or principal effectiveness score for such classroom teachers
and principals. For purposes of this section, an administrator in charge
of  an  instructional  program  of  a  board  of cooperative educational
services shall be deemed to be a building principal.
  (2) SUBJECT TO PARAGRAPH K  OF  THIS  SUBDIVISION  THE  ENTIRE  ANNUAL
PROFESSIONAL  PERFORMANCE  REVIEW SHALL BE COMPLETED AND PROVIDED TO THE
TEACHER OR PRINCIPAL AS SOON AS PRACTICABLE BUT IN NO  CASE  LATER  THAN
SEPTEMBER  FIRST  OF  THE SCHOOL YEAR NEXT FOLLOWING THE SCHOOL YEAR FOR
WHICH THE CLASSROOM TEACHER OR BUILDING PRINCIPAL'S PERFORMANCE IS BEING
MEASURED. THE TEACHER'S AND PRINCIPAL'S SCORE AND RATING ON THE  LOCALLY
SELECTED  MEASURES SUBCOMPONENT, IF AVAILABLE, AND ON THE OTHER MEASURES
OF TEACHER AND PRINCIPAL EFFECTIVENESS SUBCOMPONENT FOR A  TEACHER'S  OR
PRINCIPAL'S ANNUAL PROFESSIONAL PERFORMANCE REVIEW SHALL BE COMPUTED AND
PROVIDED  TO  THE TEACHER OR PRINCIPAL, IN WRITING, BY NO LATER THAN THE
LAST DAY OF THE SCHOOL YEAR FOR WHICH THE TEACHER OR PRINCIPAL IS  BEING
MEASURED.  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE A
TEACHER OR PRINCIPAL TO TRIGGER THE APPEAL PROCESS PRIOR TO  RECEIPT  OF
HIS OR HER COMPOSITE EFFECTIVENESS SCORE AND RATING.
  (3) EACH SUCH ANNUAL PROFESSIONAL PERFORMANCE REVIEW SHALL BE BASED ON
THE  STATE  ASSESSMENTS  OR  OTHER COMPARABLE MEASURES SUBCOMPONENT, THE
LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT  SUBCOMPONENT  AND  THE
OTHER  MEASURES  OF  TEACHER  AND  PRINCIPAL EFFECTIVENESS SUBCOMPONENT,
DETERMINED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THIS  SECTION
AND  THE  REGULATIONS OF THE COMMISSIONER, FOR THE SCHOOL YEAR FOR WHICH
THE TEACHER'S OR PRINCIPAL'S PERFORMANCE IS MEASURED.
  S 4. Paragraphs e, f and g of subdivision 2 of section 3012-c  of  the
education  law, as added by chapter 103 of the laws of 2010, are amended
to read as follows:
  e. (1)  For  annual  professional  performance  reviews  conducted  in
accordance  with  paragraph b of this subdivision [in] FOR the two thou-
sand 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  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.
  (2) SUCH LOCALLY SELECTED MEASURES MAY  INCLUDE  MEASURES  OF  STUDENT
ACHIEVEMENT  OR GROWTH ON STATE ASSESSMENTS, REGENTS EXAMINATIONS AND/OR
DEPARTMENT APPROVED EQUIVALENT, PROVIDED THAT SUCH MEASURES ARE  DIFFER-
ENT  FROM THOSE PRESCRIBED BY THE COMMISSIONER PURSUANT TO CLAUSE (I) OF
SUBPARAGRAPH ONE OF THIS PARAGRAPH. THE REGULATIONS OF THE  COMMISSIONER
SHALL  DESCRIBE  THE  TYPES OF MEASURES OF STUDENT GROWTH OR ACHIEVEMENT
THAT MAY BE LOCALLY SELECTED.  THE SELECTION OF THE LOCAL MEASURE(S)  AS
DESCRIBED  IN  THIS PARAGRAPH TO BE USED BY THE SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DETERMINED THROUGH  COLLEC-
TIVE BARGAINING.
  f.  (1)  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]  FOR

S. 6257--C                         22

the two thousand twelve--two thousand thirteen school year AND THEREAFT-
ER  FOR CLASSROOM TEACHERS IN SUBJECTS AND GRADES FOR WHICH THE BOARD OF
REGENTS HAS NOT APPROVED A VALUE-ADDED MODEL AND FOR BUILDING PRINCIPALS
EMPLOYED IN SCHOOLS OR PROGRAMS FOR WHICH THERE IS NO APPROVED PRINCIPAL
VALUE-ADDED MODEL, 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.
  (2) ONE OR MORE OF THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF
STUDENT  ACHIEVEMENT  OR GROWTH MAY BE USED FOR THE EVALUATION OF CLASS-
ROOM TEACHERS:
  (I) STUDENT ACHIEVEMENT OR GROWTH ON STATE ASSESSMENTS, REGENTS  EXAM-
INATIONS   AND/OR   DEPARTMENT   APPROVED  ALTERNATIVE  EXAMINATIONS  AS
DESCRIBED IN THE REGULATIONS OF  THE  COMMISSIONER  INCLUDING,  BUT  NOT
LIMITED TO, ADVANCED PLACEMENT EXAMINATIONS, INTERNATIONAL BACCALAUREATE
EXAMINATIONS,  AND  SAT  II,  USING A MEASURE THAT IS DIFFERENT FROM THE
GROWTH SCORE PRESCRIBED BY THE DEPARTMENT FOR  STUDENT  GROWTH  ON  SUCH
ASSESSMENTS  OR  EXAMINATIONS  FOR  PURPOSES  OF THE STATE ASSESSMENT OR
OTHER COMPARABLE MEASURES SUBCOMPONENT THAT IS EITHER:
  (A) THE CHANGE IN PERCENTAGE OF A TEACHER'S  STUDENTS  WHO  ACHIEVE  A
SPECIFIC   LEVEL   OF   PERFORMANCE   AS  DETERMINED  LOCALLY,  ON  SUCH
ASSESSMENTS/EXAMINATIONS COMPARED TO THOSE STUDENTS' LEVEL  OF  PERFORM-
ANCE  ON  SUCH ASSESSMENTS/EXAMINATIONS IN THE PREVIOUS SCHOOL YEAR SUCH
AS A THREE PERCENTAGE POINT INCREASE IN STUDENTS EARNING THE  PROFICIENT
LEVEL  (THREE)  OR  BETTER  PERFORMANCE  LEVEL ON THE SEVENTH GRADE MATH
STATE ASSESSMENT COMPARED TO THOSE SAME STUDENTS' PERFORMANCE LEVELS  ON
THE  SIXTH GRADE MATH STATE ASSESSMENT, OR AN INCREASE IN THE PERCENTAGE
OF A TEACHER'S STUDENTS EARNING THE ADVANCED PERFORMANCE LEVEL (FOUR) ON
THE FOURTH  GRADE  ENGLISH  LANGUAGE  ARTS  OR  MATH  STATE  ASSESSMENTS
COMPARED  TO  THOSE  STUDENTS'  PERFORMANCE  LEVELS  ON  THE THIRD GRADE
ENGLISH LANGUAGE ARTS OR MATH STATE ASSESSMENTS; OR
  (B) A TEACHER SPECIFIC GROWTH SCORE COMPUTED BY THE  DEPARTMENT  BASED
ON THE PERCENT OF THE TEACHER'S STUDENTS EARNING A DEPARTMENT DETERMINED
LEVEL  OF  GROWTH.  THE  METHODOLOGY  TO  TRANSLATE SUCH GROWTH INTO THE
STATE-ESTABLISHED SUBCOMPONENT SCORING RANGES SHALL BE DETERMINED LOCAL-
LY; OR
  (C) A TEACHER-SPECIFIC ACHIEVEMENT  OR  GROWTH  SCORE  COMPUTED  IN  A
MANNER  DETERMINED  LOCALLY BASED ON A MEASURE OF STUDENT PERFORMANCE ON
THE STATE ASSESSMENTS, REGENTS EXAMINATIONS AND/OR  DEPARTMENT  APPROVED
ALTERNATIVE EXAMINATIONS OTHER THAN THE MEASURE DESCRIBED IN ITEM (A) OR
(B) OF THIS SUBPARAGRAPH;
  (II)  STUDENT  GROWTH  OR  ACHIEVEMENT COMPUTED IN A MANNER DETERMINED
LOCALLY BASED ON A STUDENT ASSESSMENT APPROVED BY THE DEPARTMENT  PURSU-
ANT  TO  A  REQUEST  FOR  QUALIFICATION PROCESS ESTABLISHED IN THE REGU-
LATIONS OF THE COMMISSIONER;
  (III) STUDENT GROWTH OR ACHIEVEMENT COMPUTED IN  A  MANNER  DETERMINED
LOCALLY BASED ON A DISTRICT, REGIONAL OR BOCES-DEVELOPED ASSESSMENT THAT
IS RIGOROUS AND COMPARABLE ACROSS CLASSROOMS;

S. 6257--C                         23

  (IV)  A  SCHOOL-WIDE  MEASURE  OF EITHER STUDENT GROWTH OR ACHIEVEMENT
BASED ON EITHER:
  (A) A STATE-PROVIDED STUDENT GROWTH SCORE COVERING ALL STUDENTS IN THE
SCHOOL  THAT TOOK THE STATE ASSESSMENT IN ENGLISH LANGUAGE ARTS OR MATH-
EMATICS IN GRADES FOUR THROUGH EIGHT;
  (B) A SCHOOL-WIDE MEASURE OF STUDENT GROWTH OR ACHIEVEMENT COMPUTED IN
A MANNER DETERMINED LOCALLY BASED ON A DISTRICT, REGIONAL  OR  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES DEVELOPED ASSESSMENT THAT IS RIGOROUS
AND COMPARABLE  ACROSS  CLASSROOMS  OR  A  DEPARTMENT  APPROVED  STUDENT
ASSESSMENT OR BASED ON A STATE ASSESSMENT; OR
  (V) WHERE APPLICABLE, FOR TEACHERS IN ANY GRADE OR SUBJECT WHERE THERE
IS  NO  GROWTH  OR  VALUE-ADDED  GROWTH  MODEL  APPROVED BY THE BOARD OF
REGENTS  AT  THAT  GRADE  LEVEL  OR  IN  THAT  SUBJECT,   A   STRUCTURED
DISTRICT-WIDE  STUDENT  GROWTH  GOAL-SETTING PROCESS TO BE USED WITH ANY
STATE ASSESSMENT OR  AN  APPROVED  STUDENT  ASSESSMENT  OR  A  DISTRICT,
REGIONAL  OR  BOCES-DEVELOPED ASSESSMENT THAT IS RIGOROUS AND COMPARABLE
ACROSS CLASSROOMS.
  (3) ONE OR MORE OF THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF
STUDENT ACHIEVEMENT OR GROWTH MAY BE USED FOR THE EVALUATION OF  PRINCI-
PALS,  PROVIDED  THAT  EACH  MEASURE  IS  RIGOROUS AND COMPARABLE ACROSS
CLASSROOMS AND THAT ANY SUCH MEASURE SHALL BE DIFFERENT FROM  THAT  USED
FOR THE STATE ASSESSMENT OR OTHER COMPARABLE MEASURES SUBCOMPONENT:
  (I)  STUDENT  ACHIEVEMENT  LEVELS  ON  STATE  ASSESSMENTS  IN  ENGLISH
LANGUAGE ARTS AND/OR  MATHEMATICS  IN  GRADES  FOUR  TO  EIGHT  SUCH  AS
PERCENTAGE  OF  STUDENTS IN THE SCHOOL WHOSE PERFORMANCE LEVELS ON STATE
ASSESSMENTS ARE PROFICIENT OR ADVANCED, AS DEFINED IN THE REGULATIONS OF
THE COMMISSIONER;
  (II) STUDENT GROWTH OR ACHIEVEMENT ON STATE OR  OTHER  ASSESSMENTS  IN
ENGLISH  LANGUAGE  ARTS  AND/OR  MATHEMATICS IN GRADES FOUR TO EIGHT FOR
STUDENTS IN EACH OF THE PERFORMANCE LEVELS DESCRIBED IN THE  REGULATIONS
OF THE COMMISSIONER;
  (III)  STUDENT  GROWTH  OR ACHIEVEMENT ON STATE ASSESSMENTS IN ENGLISH
LANGUAGE ARTS AND/OR MATHEMATICS IN GRADES FOUR TO  EIGHT  FOR  STUDENTS
WITH DISABILITIES AND ENGLISH LANGUAGE LEARNERS IN GRADES FOUR TO EIGHT;
  (IV)  STUDENT  PERFORMANCE  ON ANY OR ALL OF THE DISTRICT-WIDE LOCALLY
SELECTED MEASURES APPROVED FOR USE IN TEACHER EVALUATIONS;
  (V) FOR PRINCIPALS EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES, FOUR,
FIVE AND/OR SIX-YEAR HIGH SCHOOL GRADUATION AND/OR DROPOUT RATES;
  (VI) PERCENTAGE OF STUDENTS WHO EARN A REGENTS DIPLOMA  WITH  ADVANCED
DESIGNATION  AND/OR  HONORS AS DEFINED IN THE REGULATIONS OF THE COMMIS-
SIONER, FOR PRINCIPALS EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES;
  (VII) PERCENTAGE OF A COHORT OF STUDENTS THAT ACHIEVE SPECIFIED SCORES
ON REGENTS EXAMINATIONS AND/OR DEPARTMENT APPROVED ALTERNATIVE  EXAMINA-
TIONS  INCLUDING,  BUT  NOT LIMITED TO, ADVANCED PLACEMENT EXAMINATIONS,
INTERNATIONAL BACCALAUREATE EXAMINATIONS  AND  SAT  II,  FOR  PRINCIPALS
EMPLOYED  IN  A SCHOOL WITH HIGH SCHOOL GRADES SUCH AS THE PERCENTAGE OF
STUDENTS IN THE TWO THOUSAND NINE COHORT THAT SCORED AT LEAST A THREE ON
AN ADVANCED PLACEMENT EXAMINATION SINCE  ENTRY  INTO  THE  NINTH  GRADE;
AND/OR
  (VIII) STUDENTS' PROGRESS TOWARD GRADUATION IN THE SCHOOL USING STRONG
PREDICTIVE  INDICATORS,  INCLUDING BUT NOT LIMITED TO NINTH AND/OR TENTH
GRADE CREDIT ACCUMULATION AND/OR THE PERCENTAGE OF  STUDENTS  THAT  PASS
NINTH  AND/OR  TENTH GRADE SUBJECTS MOST COMMONLY ASSOCIATED WITH GRADU-
ATION AND/OR STUDENTS'  PROGRESS  IN  PASSING  THE  NUMBER  OF  REQUIRED
REGENTS EXAMINATIONS FOR GRADUATION, FOR PRINCIPALS EMPLOYED IN A SCHOOL
WITH HIGH SCHOOL GRADES.

S. 6257--C                         24

  (IX)  FOR  SCHOOL  DISTRICTS  OR  BOARDS  OF  COOPERATIVE  EDUCATIONAL
SERVICES THAT CHOOSE TO USE MORE THAN ONE SET OF LOCALLY SELECTED  MEAS-
URES  DESCRIBED  IN THIS PARAGRAPH FOR PRINCIPALS IN THE SAME OR SIMILAR
GRADE CONFIGURATION OR PROGRAM SUCH AS ONE SET OF LOCALLY SELECTED MEAS-
URES  IS USED TO EVALUATE PRINCIPALS IN SOME K-5 SCHOOLS AND ANOTHER SET
OF LOCALLY SELECTED MEASURES IS USED TO EVALUATE PRINCIPALS IN THE OTHER
K-5 SCHOOLS IN THE DISTRICT, THE SUPERINTENDENT OR DISTRICT  SUPERINTEN-
DENT  SHALL, IN THEIR PROFESSIONAL PERFORMANCE REVIEW PLAN, CERTIFY THAT
THE SETS OF MEASURES ARE COMPARABLE,  IN  ACCORDANCE  WITH  THE  TESTING
STANDARDS AS DEFINED IN REGULATIONS OF THE COMMISSIONER.
  (X)  FOR BUILDING PRINCIPALS EMPLOYED IN SCHOOLS OR PROGRAMS FOR WHICH
THERE IS NO APPROVED PRINCIPAL VALUE-ADDED MODEL, THE TYPES  OF  LOCALLY
SELECTED MEASURES OF STUDENT ACHIEVEMENT OR GROWTH SPECIFIED IN SUBPARA-
GRAPH THREE OF PARAGRAPH G OF THIS SUBDIVISION MAY BE USED. IN ADDITION,
A  STRUCTURED  DISTRICT-WIDE  STUDENT  GROWTH GOAL-SETTING PROCESS TO BE
USED WITH ANY STATE ASSESSMENT OR AN APPROVED STUDENT  ASSESSMENT  OR  A
DISTRICT,  REGIONAL  OF  BOCES-DEVELOPED ASSESSMENT THAT IS RIGOROUS AND
COMPARABLE ACROSS CLASSROOMS MAY BE A LOCALLY SELECTED MEASURE.
  (4) THE SELECTION OF THE LOCAL MEASURE OR  MEASURES  AS  DESCRIBED  IN
SUBPARAGRAPHS  TWO  AND THREE OF THIS PARAGRAPH TO BE USED BY THE SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  SHALL  BE  DETER-
MINED THROUGH COLLECTIVE BARGAINING.
  g.  (1)  For  annual  professional  performance  reviews  conducted in
accordance with paragraph c of this  subdivision  [in]  FOR  the  [first
school  year for which the board of regents has approved use of a value-
added growth model] TWO THOUSAND TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
YEAR  and  thereafter  FOR  CLASSROOM TEACHERS IN SUBJECTS AND GRADES IN
WHICH THERE IS A VALUE-ADDED GROWTH  MODEL  APPROVED  BY  THE  BOARD  OF
REGENTS  AND FOR BUILDING PRINCIPALS EMPLOYED IN SCHOOLS OR PROGRAMS FOR
WHICH THERE IS AN APPROVED PRINCIPAL VALUE-ADDED MODEL, forty percent of
the composite score of effectiveness shall be based on student  achieve-
ment  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  require-
ments 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 eval-
uations.
  (2) ONE OR MORE OF THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF
STUDENT ACHIEVEMENT OR GROWTH MAY BE USED FOR THE EVALUATION  OF  CLASS-
ROOM TEACHERS:
  (I)  STUDENT ACHIEVEMENT OR GROWTH ON STATE ASSESSMENTS, REGENTS EXAM-
INATIONS  AND/OR  DEPARTMENT  APPROVED   ALTERNATIVE   EXAMINATIONS   AS
DESCRIBED  IN  THE  REGULATIONS  OF  THE COMMISSIONER INCLUDING, BUT NOT
LIMITED TO, ADVANCED PLACEMENT EXAMINATIONS, INTERNATIONAL BACCALAUREATE
EXAMINATIONS AND SAT II, USING A MEASURE  THAT  IS  DIFFERENT  FROM  THE
GROWTH  SCORE  PRESCRIBED  BY  THE DEPARTMENT FOR STUDENT GROWTH ON SUCH
ASSESSMENTS OR EXAMINATIONS FOR PURPOSES  OF  THE  STATE  ASSESSMENT  OR
OTHER COMPARABLE MEASURES SUBCOMPONENT THAT IS EITHER:

S. 6257--C                         25

  (A)  THE  CHANGE  IN  PERCENTAGE OF A TEACHER'S STUDENTS WHO ACHIEVE A
SPECIFIC  LEVEL  OF  PERFORMANCE  AS   DETERMINED   LOCALLY,   ON   SUCH
ASSESSMENTS/EXAMINATIONS  COMPARED  TO THOSE STUDENTS' LEVEL OF PERFORM-
ANCE ON SUCH ASSESSMENTS/EXAMINATIONS IN THE PREVIOUS SCHOOL  YEAR  SUCH
AS  A THREE PERCENTAGE POINT INCREASE IN STUDENTS EARNING THE PROFICIENT
LEVEL (THREE) OR BETTER PERFORMANCE LEVEL  ON  THE  SEVENTH  GRADE  MATH
STATE  ASSESSMENT COMPARED TO THOSE SAME STUDENTS' PERFORMANCE LEVELS ON
THE SIXTH GRADE MATH STATE ASSESSMENT, OR AN INCREASE IN THE  PERCENTAGE
OF A TEACHER'S STUDENTS EARNING THE ADVANCED PERFORMANCE LEVEL (FOUR) ON
THE  FOURTH  GRADE  ENGLISH  LANGUAGE  ARTS  OR  MATH  STATE ASSESSMENTS
COMPARED TO THOSE  STUDENTS'  PERFORMANCE  LEVELS  ON  THE  THIRD  GRADE
ENGLISH LANGUAGE ARTS OR MATH STATE ASSESSMENTS; OR
  (B) A TEACHER SPECIFIC GROWTH SCORE COMPUTED BY THE STATE BASED ON THE
PERCENT  OF  THE  TEACHER'S STUDENTS EARNING A STATE DETERMINED LEVEL OF
GROWTH. THE METHODOLOGY TO TRANSLATE SUCH GROWTH INTO THE  STATE-ESTABL-
ISHED SUBCOMPONENT SCORING RANGES SHALL BE DETERMINED LOCALLY; OR
  (C)  A  TEACHER-SPECIFIC  ACHIEVEMENT  OR  GROWTH  SCORE COMPUTED IN A
MANNER DETERMINED LOCALLY BASED ON A MEASURE OF STUDENT  PERFORMANCE  ON
THE  STATE  ASSESSMENTS, REGENTS EXAMINATIONS AND/OR DEPARTMENT APPROVED
ALTERNATIVE EXAMINATIONS OTHER THAN THE MEASURE DESCRIBED IN ITEM (A) OR
(B) OF THIS SUBPARAGRAPH;
  (II) STUDENT GROWTH OR ACHIEVEMENT COMPUTED  IN  A  MANNER  DETERMINED
LOCALLY  BASED ON A STUDENT ASSESSMENT APPROVED BY THE DEPARTMENT PURSU-
ANT TO A REQUEST FOR QUALIFICATION  PROCESS  ESTABLISHED  IN  THE  REGU-
LATIONS OF THE COMMISSIONER;
  (III)  STUDENT  GROWTH  OR ACHIEVEMENT COMPUTED IN A MANNER DETERMINED
LOCALLY BASED ON A DISTRICT, REGIONAL OR BOCES-DEVELOPED ASSESSMENT THAT
IS RIGOROUS AND COMPARABLE ACROSS CLASSROOMS;
  (IV) A SCHOOL-WIDE MEASURE OF EITHER  STUDENT  GROWTH  OR  ACHIEVEMENT
BASED ON EITHER:
  (A) A STATE-PROVIDED STUDENT GROWTH SCORE COVERING ALL STUDENTS IN THE
SCHOOL  THAT TOOK THE STATE ASSESSMENT IN ENGLISH LANGUAGE ARTS OR MATH-
EMATICS IN GRADES FOUR THROUGH EIGHT; OR
  (B) A SCHOOL-WIDE MEASURE OF STUDENT GROWTH OR ACHIEVEMENT COMPUTED IN
A MANNER DETERMINED LOCALLY BASED ON A DISTRICT, REGIONAL  OR  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES DEVELOPED ASSESSMENT THAT IS RIGOROUS
AND COMPARABLE  ACROSS  CLASSROOMS  OR  A  DEPARTMENT  APPROVED  STUDENT
ASSESSMENT OR BASED ON A STATE ASSESSMENT.
  (3) ONE OR MORE OF THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF
STUDENT  ACHIEVEMENT OR GROWTH MAY BE USED FOR THE EVALUATION OF PRINCI-
PALS, PROVIDED THAT EACH  MEASURE  IS  RIGOROUS  AND  COMPARABLE  ACROSS
CLASSROOMS  AND  THAT ANY SUCH MEASURE SHALL BE DIFFERENT FROM THAT USED
FOR THE STATE ASSESSMENT OR OTHER COMPARABLE MEASURES SUBCOMPONENT:
  (I)  STUDENT  ACHIEVEMENT  LEVELS  ON  STATE  ASSESSMENTS  IN  ENGLISH
LANGUAGE  ARTS  AND/OR  MATHEMATICS  IN  GRADES  FOUR  TO  EIGHT SUCH AS
PERCENTAGE OF STUDENTS IN THE SCHOOL WHOSE PERFORMANCE LEVELS  ON  STATE
ASSESSMENTS ARE PROFICIENT OR ADVANCED, AS DEFINED IN THE REGULATIONS OF
THE COMMISSIONER;
  (II)  STUDENT  GROWTH  OR ACHIEVEMENT ON STATE OR OTHER ASSESSMENTS IN
ENGLISH LANGUAGE ARTS AND/OR MATHEMATICS IN GRADES  FOUR  TO  EIGHT  FOR
STUDENTS  IN EACH OF THE PERFORMANCE LEVELS DESCRIBED IN THE REGULATIONS
OF THE COMMISSIONER;
  (III) STUDENT GROWTH OR ACHIEVEMENT ON STATE  ASSESSMENTS  IN  ENGLISH
LANGUAGE  ARTS  AND/OR  MATHEMATICS IN GRADES FOUR TO EIGHT FOR STUDENTS
WITH DISABILITIES AND ENGLISH LANGUAGE LEARNERS IN GRADES FOUR TO EIGHT;

S. 6257--C                         26

  (IV) STUDENT PERFORMANCE ON ANY OR ALL OF  THE  DISTRICT-WIDE  LOCALLY
SELECTED MEASURES APPROVED FOR USE IN TEACHER EVALUATIONS;
  (V) FOR PRINCIPALS EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES, FOUR,
FIVE AND/OR SIX-YEAR HIGH SCHOOL GRADUATION AND/OR DROPOUT RATES;
  (VI)  PERCENTAGE  OF STUDENTS WHO EARN A REGENTS DIPLOMA WITH ADVANCED
DESIGNATION AND/OR HONORS AS DEFINED IN THE REGULATIONS OF  THE  COMMIS-
SIONER, FOR PRINCIPALS EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES;
  (VII) PERCENTAGE OF A COHORT OF STUDENTS THAT ACHIEVE SPECIFIED SCORES
ON  REGENTS EXAMINATIONS AND/OR DEPARTMENT APPROVED ALTERNATIVE EXAMINA-
TIONS INCLUDING, BUT NOT LIMITED TO,  ADVANCED  PLACEMENT  EXAMINATIONS,
INTERNATIONAL  BACCALAUREATE  EXAMINATIONS  AND  SAT  II, FOR PRINCIPALS
EMPLOYED IN A SCHOOL WITH HIGH SCHOOL GRADES SUCH AS THE  PERCENTAGE  OF
STUDENTS IN THE TWO THOUSAND NINE COHORT THAT SCORED AT LEAST A THREE ON
AN  ADVANCED  PLACEMENT  EXAMINATION  SINCE  ENTRY INTO THE NINTH GRADE;
AND/OR
  (VIII) STUDENTS' PROGRESS TOWARD GRADUATION IN THE SCHOOL USING STRONG
PREDICTIVE INDICATORS, INCLUDING BUT NOT LIMITED TO NINTH  AND/OR  TENTH
GRADE  CREDIT  ACCUMULATION  AND/OR THE PERCENTAGE OF STUDENTS THAT PASS
NINTH AND/OR TENTH GRADE SUBJECTS MOST COMMONLY ASSOCIATED  WITH  GRADU-
ATION  AND/OR  STUDENTS'  PROGRESS  IN  PASSING  THE  NUMBER OF REQUIRED
REGENTS EXAMINATIONS FOR GRADUATION, FOR PRINCIPALS EMPLOYED IN A SCHOOL
WITH HIGH SCHOOL GRADES.
  (IX)  FOR  SCHOOL  DISTRICTS  OR  BOARDS  OF  COOPERATIVE  EDUCATIONAL
SERVICES  THAT CHOOSE TO USE MORE THAN ONE SET OF LOCALLY SELECTED MEAS-
URES DESCRIBED IN THIS PARAGRAPH FOR PRINCIPALS IN THE SAME  OR  SIMILAR
GRADE  CONFIGURATION  OR  PROGRAM, THE SUPERINTENDENT OR DISTRICT SUPER-
INTENDENT SHALL, IN THEIR PROFESSIONAL PERFORMANCE REVIEW PLAN,  CERTIFY
THAT THE SETS OF MEASURES ARE COMPARABLE, IN ACCORDANCE WITH THE TESTING
STANDARDS AS DEFINED IN REGULATIONS OF THE COMMISSIONER.
  (4)  THE  SELECTION  OF  THE LOCAL MEASURE OR MEASURES AS DESCRIBED IN
SUBPARAGRAPHS TWO AND THREE OF THIS PARAGRAPH TO BE USED BY  THE  SCHOOL
DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DETER-
MINED THROUGH COLLECTIVE BARGAINING.
  (5) The department shall develop  the  value-added  growth  model  and
shall consult with the advisory committee established pursuant to subdi-
vision  seven  of  this  section prior to recommending that the board of
regents approve its use in evaluations.
  S 5.  Paragraph h of subdivision 2 of section 3012-c of the  education
law,  as added by chapter 103 of the laws of 2010, is amended to read as
follows:
  h. The remaining SIXTY percent of the evaluations, ratings and  effec-
tiveness  scores  shall be locally developed, consistent with the stand-
ards prescribed in the regulations of the commissioner, through  negoti-
ations conducted pursuant to article fourteen of the civil service law.
  (1)  A  MAJORITY  OF  THE SIXTY POINTS FOR CLASSROOM TEACHERS SHALL BE
BASED ON MULTIPLE CLASSROOM OBSERVATIONS CONDUCTED  BY  A  PRINCIPAL  OR
OTHER  TRAINED  ADMINISTRATOR,  WHICH  MAY  BE PERFORMED IN-PERSON OR BY
VIDEO. FOR EVALUATIONS FOR THE TWO THOUSAND TWELVE--TWO  THOUSAND  THIR-
TEEN  SCHOOL YEAR AND THEREAFTER, AT LEAST ONE SUCH OBSERVATION SHALL BE
AN UNANNOUNCED VISIT.
  (2) FOR THE REMAINING PORTION OF THESE SIXTY  POINTS  FOR  EVALUATIONS
FOR  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL YEAR, THE
COMMISSIONER'S REGULATION SHALL PRESCRIBE THE OTHER FORMS OF EVIDENCE OF
TEACHER AND PRINCIPAL EFFECTIVENESS THAT MAY BE USED.
  (3) FOR  EVALUATIONS  OF  CLASSROOM  TEACHERS  FOR  THE  TWO  THOUSAND
TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER, THE REMAINING

S. 6257--C                         27

PORTION OF THESE SIXTY POINTS SHALL BE BASED  ON  ONE  OR  MORE  OF  THE
FOLLOWING:
  (I)  ONE  OR MORE CLASSROOM OBSERVATIONS BY INDEPENDENT TRAINED EVALU-
ATORS SELECTED BY THE SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES WHO ARE TEACHERS OR FORMER TEACHERS WITH A DEMONSTRATED
RECORD OF EFFECTIVENESS AND HAVE NO PRIOR AFFILIATION WITH THE SCHOOL IN
WHICH THEY ARE CONDUCTING THE EVALUATION AND NO OTHER RELATIONSHIP  WITH
THE TEACHERS BEING EVALUATED THAT WOULD AFFECT THEIR IMPARTIALITY;
  (II) CLASSROOM OBSERVATIONS BY TRAINED IN-SCHOOL PEER TEACHERS; AND/OR
  (III)  USE  OF A STATE-APPROVED INSTRUMENT FOR PARENT OR STUDENT FEED-
BACK; AND/OR
  (IV) EVIDENCE OF STUDENT DEVELOPMENT AND  PERFORMANCE  THROUGH  LESSON
PLANS,  STUDENT  PORTFOLIOS  AND  OTHER  ARTIFACTS  OF TEACHER PRACTICES
THROUGH A STRUCTURED REVIEW PROCESS.
  (4) A MAJORITY OF THESE SIXTY POINTS FOR BUILDING PRINCIPALS SHALL  BE
BASED ON A BROAD ASSESSMENT OF THE PRINCIPAL'S LEADERSHIP AND MANAGEMENT
ACTIONS  BASED  ON THE PRINCIPAL PRACTICE RUBRIC BY THE BUILDING PRINCI-
PAL'S SUPERINTENDENT OR THE PERSON TO WHOM THE SUPERINTENDENT  DELEGATES
SUPERVISION, A TRAINED ADMINISTRATOR OR A TRAINED INDEPENDENT EVALUATOR,
WITH ONE OR MORE VISITS CONDUCTED BY THE SUPERINTENDENT OR THE PERSON TO
WHOM  THE SUPERINTENDENT DELEGATES SUPERVISION, AND, FOR EVALUATIONS FOR
THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFT-
ER, THAT SUCH ASSESSMENT MUST INCORPORATE MULTIPLE SCHOOL VISITS BY  THE
SUPERINTENDENT OR THE PERSON TO WHOM THE SUPERINTENDENT DELEGATES SUPER-
VISION,  A  TRAINED  ADMINISTRATOR  OR  OTHER TRAINED EVALUATOR, WITH AT
LEAST ONE VISIT CONDUCTED BY THE SUPERINTENDENT OR THE  PERSON  TO  WHOM
THE  SUPERINTENDENT  DELEGATES  SUPERVISION AND AT LEAST ONE UNANNOUNCED
VISIT. FOR THE REMAINING PORTION OF THESE SIXTY POINTS  FOR  EVALUATIONS
FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, SUCH REGU-
LATIONS  SHALL  ALSO  PRESCRIBE THE OTHER FORMS OF EVIDENCE OF PRINCIPAL
EFFECTIVENESS THAT MAY BE USED CONSISTENT WITH THE STANDARDS  PRESCRIBED
BY THE COMMISSIONER.
  (5)  FOR  EVALUATIONS  OF  BUILDING  PRINCIPALS  FOR  THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER, THE  REMAINING
PORTION OF THESE SIXTY POINTS SHALL INCLUDE, IN ADDITION TO THE REQUIRE-
MENTS OF SUBPARAGRAPH THREE OF THIS PARAGRAPH, AT LEAST TWO OTHER SOURC-
ES  OF  EVIDENCE  FROM  THE  FOLLOWING  OPTIONS: FEEDBACK FROM TEACHERS,
STUDENTS,  AND/OR  FAMILIES  USING  STATE-APPROVED  INSTRUMENTS;  SCHOOL
VISITS  BY  OTHER TRAINED EVALUATORS; AND/OR REVIEW OF SCHOOL DOCUMENTS,
RECORDS, AND/OR  STATE  ACCOUNTABILITY  PROCESSES.  ANY  SUCH  REMAINING
POINTS  SHALL  BE ASSIGNED BASED ON THE RESULTS OF ONE OR MORE AMBITIOUS
AND MEASURABLE GOALS  SET  COLLABORATIVELY  WITH  PRINCIPALS  AND  THEIR
SUPERINTENDENTS OR DISTRICT SUPERINTENDENTS AS FOLLOWS:
  (I)  AT  LEAST  ONE  GOAL MUST ADDRESS THE PRINCIPAL'S CONTRIBUTION TO
IMPROVING TEACHER EFFECTIVENESS, WHICH SHALL INCLUDE ONE OR MORE OF  THE
FOLLOWING: IMPROVED RETENTION OF HIGH PERFORMING TEACHERS WITHIN REASON-
ABLE  CONTROL  OF  THE PRINCIPAL, THE CORRELATION BETWEEN STUDENT GROWTH
SCORES OF TEACHERS GRANTED TENURE AS OPPOSED TO THOSE DENIED TENURE;  OR
IMPROVEMENTS  IN  THE  PROFICIENCY  RATING  OF THE PRINCIPAL ON SPECIFIC
TEACHER EFFECTIVENESS STANDARDS IN THE PRINCIPAL PRACTICE RUBRIC.
  (II)  ANY  OTHER  GOALS  SHALL  ADDRESS  QUANTIFIABLE  AND  VERIFIABLE
IMPROVEMENTS  IN ACADEMIC RESULTS OR THE SCHOOL'S LEARNING ENVIRONMENTAL
SUCH AS STUDENT OR TEACHER ATTENDANCE.
  (6) THE DISTRICT OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  SHALL
ESTABLISH  SPECIFIC MINIMUM AND MAXIMUM SCORING RANGES FOR EACH PERFORM-
ANCE LEVEL WITHIN THIS SUBCOMPONENT BEFORE THE START OF EACH SCHOOL YEAR

S. 6257--C                         28

AND SHALL ASSIGN POINTS TO A TEACHER OR PRINCIPAL FOR THIS  SUBCOMPONENT
BASED  ON THE STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMISSION-
ER, ALL IN ACCORDANCE WITH, AND SUBJECT TO, THE  REQUIREMENTS  OF  PARA-
GRAPH J OF THIS SUBDIVISION.
  S  6.  Subdivision 2 of section 3012-c of the education law is amended
by adding a new paragraph j to read as follows:
  J. (1) THE PROCESS BY WHICH POINTS ARE ASSIGNED IN  SUBCOMPONENTS  AND
THE  SCORING RANGES FOR THE SUBCOMPONENTS MUST BE TRANSPARENT AND AVAIL-
ABLE TO THOSE BEING RATED BEFORE THE BEGINNING OF EACH SCHOOL YEAR.  THE
PROCESS BY WHICH POINTS ARE ASSIGNED IN THE RESPECTIVE SUBCOMPONENTS ARE
TO BE DETERMINED AS FOLLOWS:
  (I)  FOR  THE  STATE ASSESSMENT OR OTHER COMPARABLE MEASURES SUBCOMPO-
NENT, THAT PROCESS SHALL BE FORMULATED  BY  THE  COMMISSIONER  WITH  THE
APPROVAL OF THE BOARD OF REGENTS.
  (II)  FOR  THE  LOCALLY  SELECTED  MEASURES OF THE STUDENT ACHIEVEMENT
SUBCOMPONENT, THAT PROCESS SHALL BE ESTABLISHED LOCALLY THROUGH  NEGOTI-
ATIONS CONDUCTED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  (III)  FOR  THE  OTHER MEASURES OF TEACHER AND PRINCIPAL EFFECTIVENESS
SUBCOMPONENT, THAT PROCESS SHALL BE ESTABLISHED LOCALLY THROUGH  NEGOTI-
ATIONS CONDUCTED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICES LAW.
  (2)  SUCH  PROCESS  MUST  ENSURE  THAT IT IS POSSIBLE FOR A TEACHER OR
PRINCIPAL TO OBTAIN EACH POINT IN THE APPLICABLE SCORING RANGES, INCLUD-
ING ZERO, FOR THE STATE ASSESSMENT OR OTHER COMPARABLE MEASURES  SUBCOM-
PONENT,  THE  LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT SUBCOMPO-
NENT AND THE OVERALL RATING CATEGORIES. THE  PROCESS  MUST  ALSO  ENSURE
THAT  IT  IS POSSIBLE FOR A TEACHER OR PRINCIPAL TO OBTAIN EACH POINT IN
THE SCORING RANGES PRESCRIBED BY THE DISTRICT OR  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  FOR  THE  OTHER MEASURES OF TEACHER AND PRINCIPAL
EFFECTIVENESS SUBCOMPONENT.
  (3) THE SUPERINTENDENT, DISTRICT SUPERINTENDENT OR CHANCELLOR AND  THE
PRESIDENT OF THE COLLECTIVE BARGAINING REPRESENTATIVE (WHERE ONE EXISTS)
SHALL  CERTIFY  IN  ITS  PLAN  THAT  THE  PROCESS WILL USE THE NARRATIVE
DESCRIPTIONS OF THE STANDARDS FOR THE SCORING  RANGES  PROVIDED  IN  THE
REGULATIONS  OF  THE COMMISSIONER TO EFFECTIVELY DIFFERENTIATE A TEACHER
OR PRINCIPAL'S PERFORMANCE IN EACH OF THE  SUBCOMPONENTS  AND  IN  THEIR
OVERALL RATINGS TO IMPROVE STUDENT LEARNING AND INSTRUCTION.
  (4) THE SCORING RANGES FOR THE OTHER MEASURES OF TEACHER AND PRINCIPAL
EFFECTIVENESS  SUBCOMPONENT SHALL BE ESTABLISHED LOCALLY THROUGH NEGOTI-
ATIONS CONDUCTED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  S 6-a. Subdivision 2 of section 3012-c of the education law is amended
by adding a new paragraph k to read as follows:
  K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY, BY JULY FIRST, TWO THOUSAND TWELVE, THE GOVERNING BODY OF
EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
ADOPT A PLAN, ON A FORM PRESCRIBED BY THE COMMISSIONER, FOR  THE  ANNUAL
PROFESSIONAL  PERFORMANCE  REVIEW  OF  ALL OF ITS CLASSROOM TEACHERS AND
BUILDING PRINCIPALS IN ACCORDANCE WITH THE REQUIREMENTS OF THIS  SECTION
AND  THE  REGULATIONS OF THE COMMISSIONER, AND SHALL SUBMIT SUCH PLAN TO
THE COMMISSIONER FOR APPROVAL. THE PLAN MAY BE AN ANNUAL  OR  MULTI-YEAR
PLAN,  FOR  THE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW OF ALL OF ITS
CLASSROOM TEACHERS AND BUILDING  PRINCIPALS.    THE  COMMISSIONER  SHALL
APPROVE  OR  REJECT THE PLAN BY SEPTEMBER FIRST, TWO THOUSAND TWELVE, OR
AS SOON AS PRACTICABLE THEREAFTER. THE COMMISSIONER MAY  REJECT  A  PLAN
THAT  DOES  NOT  RIGOROUSLY ADHERE TO THE PROVISIONS OF THIS SECTION AND
THE REGULATIONS OF THE COMMISSIONER. SHOULD ANY PLAN  BE  REJECTED,  THE
COMMISSIONER  SHALL  DESCRIBE EACH AND EVERY DEFICIENCY IN THE SUBMITTED

S. 6257--C                         29

PLAN IN SPECIFIC AND RIGOROUS DETAIL, SHALL  MAKE  SPECIFIC  RECOMMENDA-
TIONS  FOR  THE  CORRECTION  OF SUCH DEFICIENCIES, AND SHALL DIRECT THAT
EACH SUCH DEFICIENCY BE RESOLVED THROUGH COLLECTIVE  BARGAINING  TO  THE
EXTENT  REQUIRED UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. IF ANY
MATERIAL CHANGES ARE MADE TO THE PLAN, THE SCHOOL DISTRICT OR  BOARD  OF
COOPERATIVE  EDUCATIONAL SERVICES MUST SUBMIT THE MATERIAL CHANGES, ON A
FORM PRESCRIBED BY THE COMMISSIONER, TO THE COMMISSIONER  FOR  APPROVAL.
UPON  THE  RESUBMISSION OF SUCH MATERIAL CHANGES, THE COMMISSIONER SHALL
HAVE TEN DAYS TO APPROVE OR REJECT THE RESUBMITTED PLAN. TO  THE  EXTENT
THAT  BY JULY FIRST, TWO THOUSAND TWELVE, OR BY JULY FIRST OF ANY SUBSE-
QUENT YEAR, IF ALL THE TERMS OF THE PLAN HAVE NOT BEEN  FINALIZED  AS  A
RESULT OF UNRESOLVED COLLECTIVE BARGAINING NEGOTIATIONS, THE ENTIRE PLAN
SHALL  BE  SUBMITTED  TO  THE COMMISSIONER UPON RESOLUTION OF ALL OF ITS
TERMS, CONSISTENT WITH  ARTICLE  FOURTEEN  OF  THE  CIVIL  SERVICE  LAW.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE HIGHEST
PERFORMING FIVE PERCENT  OF  SCHOOL  DISTRICTS,  AS  DETERMINED  BY  THE
COMMISSIONER, SHALL BE REQUIRED TO SUBMIT THEIR PLAN TO THE COMMISSIONER
AND  THEIR  PLANS  SHALL BE DEEMED APPROVED FOR PURPOSES OF THIS SECTION
AND THE RECEIPT OF STATE AID.
  S 7. Intentionally omitted.
  S 8. Subdivision 4 of section 3012-c of the education law, as added by
chapter 103 of the laws of 2010, is amended to read as follows:
  4. Notwithstanding any other law, rule or regulation to the  contrary,
upon  rating  a  teacher  or  a  principal  as developing or ineffective
through an annual professional performance review conducted pursuant  to
subdivision two of this section, the school district or board of cooper-
ative  educational  services shall formulate and commence implementation
of a teacher or principal improvement plan for such teacher or principal
as soon as practicable but in no case later than ten SCHOOL  days  after
[the date on which teachers are required to report prior to] the opening
of  classes for the school year. Such improvement plan shall be consist-
ent with the regulations  of  the  commissioner  and  developed  locally
through negotiations conducted pursuant to article fourteen of the civil
service law. Such improvement plan shall include, but need not be limit-
ed  to,  identification  of  needed areas of improvement, a timeline for
achieving improvement, the manner in which improvement will be assessed,
and, where appropriate, differentiated activities to support a teacher's
or principal's improvement in those areas.
  S 9. Subdivision 5 of section 3012-c of the education law, as added by
chapter 103 of the laws of 2010, is amended to read as follows:
  5. A. An appeals procedure shall be locally established in each school
district and in each board of cooperative educational services by  which
the  evaluated  teacher or principal may only challenge the substance of
the annual professional performance review,  the  school  district's  or
board  of  cooperative  educational services' adherence to the standards
and methodologies required for such reviews, pursuant to  this  section,
the adherence to the regulations of the commissioner and compliance with
any  applicable  locally  negotiated  procedures,  as well as the school
district's or board of cooperative educational services' issuance and/or
implementation of the terms of  the  teacher  or  principal  improvement
plan,  as  required under this section.  APPEAL PROCEDURES SHALL PROVIDE
FOR THE TIMELY AND EXPEDITIOUS  RESOLUTION  OF  ANY  APPEAL  UNDER  THIS
SUBDIVISION.  The  specifics  of  the  appeal procedure shall be locally
established through negotiations conducted pursuant to article  fourteen
of  the  civil  service  law.  An  evaluation which is the subject of an
appeal shall not be sought to  be  offered  in  evidence  or  placed  in

S. 6257--C                         30

evidence  in  any  proceeding conducted pursuant to either section three
thousand twenty-a of this article or any  locally  negotiated  alternate
disciplinary procedure, until the appeal process is concluded.
  B.    NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO ALTER OR DIMINISH
THE AUTHORITY OF THE GOVERNING BODY OF A SCHOOL  DISTRICT  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES TO GRANT OR DENY TENURE TO OR TERMINATE
PROBATIONARY  TEACHERS  OR  PROBATIONARY  BUILDING PRINCIPALS DURING THE
PENDENCY OF AN APPEAL PURSUANT  TO  THIS  SECTION  FOR  STATUTORILY  AND
CONSTITUTIONALLY PERMISSIBLE REASONS OTHER THAN THE TEACHER'S OR PRINCI-
PAL'S PERFORMANCE THAT IS THE SUBJECT OF THE APPEAL.
  C.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE A TEACHER
OR PRINCIPAL TO TRIGGER THE APPEAL PROCESS PRIOR  TO  RECEIPT  OF  THEIR
COMPOSITE  EFFECTIVENESS  SCORE AND RATING FROM THE DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES.
  S 10. Section 3012-c of the education law is amended by adding  a  new
subdivision 9 to read as follows:
  9.  A.  THE  DEPARTMENT  SHALL ANNUALLY MONITOR AND ANALYZE TRENDS AND
PATTERNS IN TEACHER AND PRINCIPAL EVALUATION RESULTS AND DATA TO IDENTI-
FY SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL  SERVICES  AND/OR
SCHOOLS  WHERE  EVIDENCE SUGGESTS THAT A MORE RIGOROUS EVALUATION SYSTEM
IS  NEEDED  TO  IMPROVE  EDUCATOR  EFFECTIVENESS  AND  STUDENT  LEARNING
OUTCOMES. THE CRITERIA FOR IDENTIFYING SCHOOL DISTRICTS, BOARDS OF COOP-
ERATIVE  EDUCATIONAL  SERVICES AND/OR SCHOOLS SHALL BE PRESCRIBED IN THE
REGULATIONS OF THE COMMISSIONER.
  B. A SCHOOL, SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  IDENTIFIED  BY THE DEPARTMENT IN ONE OF THE CATEGORIES ENUMER-
ATED IN PARAGRAPH A OF THIS SUBDIVISION MAY  BE  HIGHLIGHTED  IN  PUBLIC
REPORTS  AND/OR  THE  COMMISSIONER  MAY  ORDER A CORRECTIVE ACTION PLAN,
WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, REQUIREMENTS THAT THE DISTRICT
OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  ARRANGE  FOR  ADDITIONAL
PROFESSIONAL  DEVELOPMENT, PROVIDE ADDITIONAL IN-SERVICE TRAINING AND/OR
UTILIZE INDEPENDENT TRAINED EVALUATORS TO REVIEW  THE  EFFICACY  OF  THE
EVALUATION  SYSTEM,  PROVIDED THAT THE PLAN SHALL BE CONSISTENT WITH LAW
AND NOT IN CONFLICT WITH ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT.
  S 11. This act shall take effect immediately.

                                PART A-2

  Section 1. Section 3012-c of the education law is amended by adding  a
new subdivision 5-a to read as follows:
  5-A.  IN  THE  CITY  SCHOOL DISTRICT OF THE CITY OF NEW YORK, NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, THE FOLLOWING SHALL APPLY
TO CLASSROOM TEACHERS:
  A. A TEACHER WHO DID NOT RECEIVE AN INEFFECTIVE RATING IN  THE  ANNUAL
PROFESSIONAL  PERFORMANCE  REVIEW  FOR THE PRIOR SCHOOL YEAR IS IN "YEAR
ONE STATUS".
  B. A TEACHER WHO RECEIVED AN INEFFECTIVE RATING IN THE PREVIOUS SCHOOL
YEAR IS IN "YEAR TWO STATUS", UNTIL AND UNLESS  THAT  RATING  IS  EITHER
CHANGED  BY  THE  PRINCIPAL OR REVERSED ON APPEAL IN ACCORDANCE WITH THE
PROVISIONS OF THIS SUBDIVISION, OR UNTIL AND UNLESS THE TEACHER  REVERTS
TO  YEAR  ONE  STATUS IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVI-
SION.
  C. A TEACHER WHO IS RATED INEFFECTIVE FOR A SCHOOL YEAR IN  WHICH  THE
TEACHER  HAS YEAR ONE STATUS SHALL HAVE A RIGHT TO APPEAL THAT RATING TO
THE CHANCELLOR OF THE CITY SCHOOL  DISTRICT,  WHO  SHALL  MAKE  A  FINAL
DETERMINATION,  UNLESS  AN  APPEAL  IS INITIATED TO A THREE-MEMBER PANEL

S. 6257--C                         31

SUBJECT TO THE FOLLOWING REQUIREMENTS. THE UNITED FEDERATION OF TEACHERS
(UFT) MAY APPEAL TO A THREE-MEMBER PANEL THE INEFFECTIVE RATINGS  OF  UP
TO  THIRTEEN  PERCENT  OF TEACHERS WHO RECEIVED SUCH INEFFECTIVE RATINGS
FOR  A SCHOOL YEAR.  ANY SUCH APPEAL MAY ONLY BE MADE ON THE GROUND THAT
THE INEFFECTIVE RATING WAS  GIVEN  DUE  TO  HARASSMENT  OR  REASONS  NOT
RELATED  TO  JOB  PERFORMANCE.  THESE APPEALS SHALL BE KNOWN AS A "PANEL
APPEALS". THE THREE-MEMBER PANEL SHALL CONSIST OF A PERSON  SELECTED  BY
THE UFT, A PERSON SELECTED BY THE CHANCELLOR OF THE CITY SCHOOL DISTRICT
AND  AN  INDEPENDENT PERSON, NOT AFFILIATED WITH THE UFT OR THE DISTRICT
AND SELECTED BY THE STATE EDUCATION DEPARTMENT, WHO SHALL BE  THE  CHAIR
OF  THE  PANEL AND CONDUCT THE APPEAL HEARING. IF THE PANEL SUSTAINS THE
APPEAL, THE PRINCIPAL MUST SUBMIT TO THE PANEL A DIFFERENT RATING, WHICH
MUST BE APPROVED BY THE PANEL. ANY INEFFECTIVE RATING THAT  IS  APPEALED
TO  THE  PANEL  MAY NOT BE APPEALED TO THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT.
  D. THE CHANCELLOR OF THE CITY SCHOOL DISTRICT SHALL NOTIFY THE UFT  OF
ALL  INEFFECTIVE RATINGS. EACH SCHOOL YEAR, IF THE UFT IS NOTIFIED OF AN
INEFFECTIVE RATING PRIOR TO OCTOBER FIRST, A PANEL APPEAL OF THAT RATING
MUST BE INITIATED BY THE UFT BY NOVEMBER FIRST, PROVIDED THAT MORE  THAN
THIRTEEN  PERCENT OF THESE RATINGS MAY BE APPEALED TO THE PANEL. THE UFT
AND THE BOARD OF EDUCATION SHALL NEGOTIATE, PURSUANT TO ARTICLE FOURTEEN
OF THE CIVIL SERVICE LAW, A PROCEDURE  FOR  ENSURING  THAT  EACH  SCHOOL
YEAR,  NOT MORE THAN THIRTEEN PERCENT OF THE RATINGS RECEIVED BY THE UFT
AFTER OCTOBER FIRST ARE APPEALED TO THE PANEL.  THE BOARD  OF  EDUCATION
SHALL MAKE ALL REASONABLE EFFORTS TO ISSUE RATINGS AND NOTIFY THE UFT OF
INEFFECTIVE  RATINGS  BY  OCTOBER  FIRST. ANY RATING NOT APPEALED TO THE
PANEL MAY BE APPEALED BY THE INDIVIDUAL TEACHER TO THE CHANCELLOR OF THE
CITY SCHOOL DISTRICT.  APPEALS MADE TO THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT MUST BE FILED WITHIN TEN SCHOOL DAYS AFTER THE UFT WOULD OTHER-
WISE BE REQUIRED TO NOTIFY THE BOARD OF EDUCATION OF A PANEL APPEAL.
  E. FOR ALL TEACHERS IN YEAR TWO STATUS, UNLESS AND UNTIL THE  INEFFEC-
TIVE RATING THEY RECEIVED IN THE PRIOR YEAR IS CHANGED BY A PRINCIPAL OR
OTHERWISE CHANGED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION,
AN  INDEPENDENT  VALIDATOR SHALL BE APPOINTED TO EVALUATE THE TEACHER ON
EACH COMPONENT OF THE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  IN  WHICH
THE  SCORING  OF  THE  COMPONENT  IS AT THE DISCRETION OF THE PRINCIPAL.
THESE COMPONENTS SHALL NOT NECESSARILY BE LIMITED  TO  TEACHER  PERFORM-
ANCE,  BUT  SHALL NOT INCLUDE ANY COMPONENTS IN WHICH THE SCORING OF THE
COMPONENT IS OUTSIDE THE DISCRETION OF THE PRINCIPAL, EVEN IF THE  PRIN-
CIPAL HAS DISCRETION IN A RELATED GOAL-SETTING PROCESS PRIOR TO SCORING.
THE  INDEPENDENT  VALIDATOR  SHALL PERFORM THREE OBSERVATIONS DURING THE
COURSE OF THE SCHOOL YEAR.  THE TERMS AND CONDITIONS OF THE OBSERVATIONS
SHALL BE NEGOTIATED PURSUANT TO THE REQUIREMENTS OF ARTICLE FOURTEEN  OF
THE CIVIL SERVICE LAW.
  F.  THE  UFT AND THE BOARD OF EDUCATION SHALL JOINTLY SELECT AN ORGAN-
IZATION OR ORGANIZATIONS  THAT  EMPLOY  CERTIFIED  EDUCATORS,  INCLUDING
TEACHERS,  TO  PERFORM  THE  WORK AS INDEPENDENT VALIDATORS. INDEPENDENT
VALIDATORS SHALL NOT BE EMPLOYED SIMULTANEOUSLY BY THE BOARD  OF  EDUCA-
TION  OR  SIMULTANEOUSLY  HAVE  AN INDIVIDUAL CONTRACT WITH THE BOARD OF
EDUCATION.  SHOULD EITHER THE BOARD OF EDUCATION OR THE UFT  NOTIFY  THE
DEPARTMENT THAT AFTER A GOOD FAITH EFFORT THE BOARD OF EDUCATION AND THE
UFT  ARE  UNABLE TO JOINTLY SELECT ORGANIZATIONS, THE COMMISSIONER SHALL
NAME ORGANIZATIONS SUBJECT TO THE FOLLOWING REQUIREMENTS. THE  BOARD  OF
EDUCATION  SHALL  SET  FORTH  A  REQUIRED  NUMBER OF VALIDATORS, AND THE
COMMISSIONER SHALL NAME ORGANIZATIONS THAT CAN  PROVIDE  AT  LEAST  THIS
NUMBER  OF VALIDATORS WHOM THE COMMISSIONER DEEMS QUALIFIED. THE COMMIS-

S. 6257--C                         32

SIONER SHALL NAME ORGANIZATIONS BASED ON THE CRITERIA SET FORTH IN  THIS
SUBDIVISION  THAT APPLY TO THE MUTUAL SELECTION PROCESS FOR THE BOARD OF
EDUCATION AND THE UFT AND SHALL ALSO  CONSIDER  POTENTIAL  CONFLICTS  OF
INTEREST.
  G. IN AN INSTANCE IN WHICH THE INDEPENDENT VALIDATOR DOES NOT COMPLETE
THE  REVIEW PROCESS DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE BOARD
OF EDUCATION, THE TEACHER SHALL REMAIN IN YEAR TWO STATUS THE  FOLLOWING
SCHOOL  YEAR.   SHOULD THE INDEPENDENT VALIDATOR NOT COMPLETE THE REVIEW
PROCESS FOR A SECOND CONSECUTIVE SCHOOL YEAR AND FOR ANY REASON  IN  THE
SECOND  YEAR FOR OTHER THAN A LEAVE OF ABSENCE OR CHRONIC ABSENCE ON THE
PART OF THE TEACHER, THE TEACHER SHALL RETURN TO  YEAR  ONE  STATUS  THE
FOLLOWING SCHOOL YEAR.
  H.  AN  INDEPENDENT  VALIDATOR SHALL BE DEEMED TO HAVE AGREED WITH THE
PRINCIPAL WHEN AN INDEPENDENT VALIDATOR'S SCORING, IN  CONJUNCTION  WITH
THE  SCORING  OF COMPONENTS NOT REVIEWED BY THE INDEPENDENT VALIDATOR IN
ACCORDANCE WITH THIS SUBDIVISION, WOULD RESULT IN A RATING IN  THE  SAME
CATEGORY ON THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW THAN WOULD RESULT
FROM THE PRINCIPAL'S RATING.
  I. FOR PURPOSES OF THIS SUBDIVISION, AN INDEPENDENT VALIDATOR SHALL BE
DEEMED  TO  HAVE  DISAGREED  WITH  THE  PRINCIPAL  WHEN  AN  INDEPENDENT
VALIDATOR'S SCORING, IN CONJUNCTION WITH THE SCORING OF  COMPONENTS  NOT
REVIEWED  BY  THE INDEPENDENT VALIDATOR IN ACCORDANCE WITH THIS SUBDIVI-
SION, WOULD RESULT IN A RATING IN A DIFFERENT  CATEGORY  ON  THE  ANNUAL
PROFESSIONAL  PERFORMANCE  REVIEW THAN WOULD RESULT FROM THE PRINCIPAL'S
RATING.
  J. IF A TEACHER RECEIVES AN INEFFECTIVE RATING FOR A  SCHOOL  YEAR  IN
WHICH  THE  TEACHER  IS IN YEAR TWO STATUS AND THE INDEPENDENT VALIDATOR
AGREES, THE DISTRICT MAY BRING A PROCEEDING PURSUANT TO  SECTIONS  THREE
THOUSAND  TWENTY  AND THREE THOUSAND TWENTY-A OF THIS ARTICL