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

    S. 2026                                                  A. 2289

                       2011-2012 Regular Sessions

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

                            January 14, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  FLANAGAN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

IN ASSEMBLY -- Introduced by M. of A. NOLAN -- read once and referred to
  the Committee on Education

AN ACT to amend the education law, in relation to apportionment of state
  aid to libraries and library systems,  teachers  of  tomorrow  teacher
  recruitment  and  retention program and duties of school districts; to
  amend chapter 756 of the laws of 1992 relating to  funding  a  program
  for work force education conducted by the consortium for worker educa-
  tion   in  New  York  city,  in  relation  to  effectiveness  of  such
  provisions; 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, in
  relation to the effectiveness of such chapter; to amend chapter 101 of
  the laws of 2003, amending the education law relating  to  implementa-
  tion  of  the  No  Child  Left  Behind Act of 2001, in relation to the
  effectiveness thereof; 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, in relation to the
  effectiveness thereof; to amend chapter 57 of the laws of 2008  amend-
  ing  the  education  law  relating  to  the universal pre-kindergarten
  program, in relation to extending the  provisions  thereof;  to  amend
  chapter  386  of the laws of 1996, amending the education law relating
  to providing for a waiver allowing state aid in certain circumstances,
  in relation to extending its effectiveness; to amend chapter 57 of the
  laws of 2004, relating to support of education, in relation to extend-
  ing the provisions thereof; to amend chapter 169 of the laws  of  1994
  relating  to  certain  provisions  related  to the 1994-95 state oper-
  ations, aid to localities, capital projects and debt service  budgets,
  in  relation  to the effectiveness thereof; and 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

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

                                                           LBD08315-01-1

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  funds for the support of government, in relation to the  effectiveness
  thereof

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

                                 PART A

  Section 1.  Subdivision 12 of section 273 of  the  education  law,  as
amended  by  section 4-a of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
  12. The commissioner is hereby authorized to expend  in  state  fiscal
year  two  thousand six--two thousand seven three million dollars and in
state fiscal year two thousand seven--two thousand eight  eight  million
dollars  and  in state fiscal year two thousand eight--two thousand nine
seven million nine hundred forty thousand dollars and  in  state  fiscal
year  two  thousand  nine--two thousand ten eight million dollars AND IN
STATE FISCAL YEAR TWO THOUSAND TEN--TWO THOUSAND  ELEVEN  EIGHT  MILLION
DOLLARS subject to an appropriation for formula grants to public library
systems,  reference  and  research library resources systems, and school
library systems operating under an approved plan of service. Such formu-
la grants shall be provided for the period  commencing  July  first  and
ending  on  June  thirtieth  next following. Such formula grants will be
distributed in the following manner:
  a. Each public library system established  pursuant  to  sections  two
hundred  fifty-five and two hundred seventy-two of this part and operat-
ing under a plan approved by the commissioner  is  entitled  to  receive
thirty-nine  thousand dollars and an amount equal to ten and ninety-four
hundredths percent of the amount of state aid received for  the  current
year by such system under paragraphs a, c, d, e and n of subdivision one
of  this  section  for  the  two thousand [nine] TEN--two thousand [ten]
ELEVEN state fiscal year;
  b. Each reference and research library  resources  system  established
pursuant  to  section two hundred seventy-two of this part and operating
under a plan approved by the commissioner is entitled to  receive  thir-
ty-nine  thousand  dollars  and  an  amount equal to ten and ninety-four
hundredths percent of the amount of state aid received for  the  current
year  under  paragraph a of subdivision four of this section for the two
thousand [nine] TEN--two thousand [ten] ELEVEN state fiscal year; and
  c. Each school library system  established  pursuant  to  section  two
hundred  eighty-two  of this part and operating under a plan approved by
the commissioner is entitled to receive thirty-nine thousand dollars and
an amount equal to ten and ninety-four hundredths percent of the  amount
of  state  aid  received for the current year by such system under para-
graphs a, b, c, d, e and f of subdivision one  of  section  two  hundred
eighty-four  of  this part for the two thousand [nine] TEN--two thousand
[ten] ELEVEN state fiscal year.
  S 2. Paragraph b of subdivision 2 of section  3612  of  the  education
law,  as  amended  by  section 28 of part A of chapter 57 of the laws of
2009, 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

S. 2026                             3                            A. 2289

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 nine--two thousand ten] TWO THOUSAND TEN--TWO THOUSAND ELEVEN.
  S 3. Subdivision 6 of section 4402 of the education law, as amended by
section 34 of part A of chapter 57 of the laws of 2009,  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 [ten] ELEVEN of the [two
thousand nine--two thousand ten] TWO THOUSAND TEN--TWO  THOUSAND  ELEVEN
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 population 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 appli-
cable 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 certif-
ication  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  pursuant  to
this subdivision, the commissioner shall be authorized to terminate such
authorization  upon  a  finding  that the board has failed to develop or
implement an approved corrective action plan.

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  S 4. Section 6 of chapter 756 of the laws of 1992, relating to funding
a program for work force education conducted by the consortium for work-
er education in New York city, as amended by section 43  of  part  A  of
chapter 57 of the laws of 2009, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2010] 2011.
  S 5. Section 4 of chapter 425 of the laws of 2002, amending the educa-
tion 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 chap-
ter 158 of the laws of 2009, 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, [2010] 2011.
  S 6. Section 5 of chapter 101 of the laws of 2003, amending the educa-
tion law relating to implementation of the No Child Left Behind  Act  of
2001,  as amended by chapter 158 of the laws of 2009, 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, [2010] 2011.
  S 7. Section 12 of chapter 147 of  the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by chapter 179 of the laws
of 2009, 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, [2010] 2011 when
upon such date the provisions of this act shall be deemed repealed.
  S  8.  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-kinder-
garten program, 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, [2010] 2012;
  S 9. Section 2 of chapter 386 of the laws of 1996, amending the educa-
tion  law  relating  to  providing  for  a  waiver allowing state aid in
certain circumstances, as amended by chapter 661 of the laws of 2005, is
amended to read as follows:
  S 2. This  act  shall  take  effect  immediately,  provided  that  the
provisions  of  this  act shall be deemed to have been in full force and
effect on and after January 1, 1996, and provided, further that this act
shall be deemed repealed on and after January 1, [2011] 2015.
  S 10.  Subdivision 11 of section 94 of part C of  chapter  57  of  the
laws of 2004, relating to support of education, as amended by section 55
of  part  A  of  chapter  57  of the laws of 2009, is amended to read as
follows:
  11. section seventy-one  of  this  act  shall  expire  and  be  deemed
repealed June 30, [2010] 2011;
  S  11. 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 44 of part A of chapter 57 of the laws of 2009, 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

S. 2026                             5                            A. 2289

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, [2011] 2012.
  S 12. 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 45 of part A of chapter 57
of the laws of 2009, 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,
[2010] 2011 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, [2010] 2011;
  S 13. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2010-2011 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).
  S 14. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries  by  chapter 53 of the laws of 2010 which
enacts the education, labor and family assistance budget shall be appor-
tioned for 2010--2011 in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law and the  provisions  of
this section, provided that library construction aid pursuant to section
273-a  of the education law shall not be payable from the appropriations
for the support  of  public  libraries  and  provided  further  that  no
library,  library  system  or program, as defined by the commissioner of
education, shall receive less  total  system  or  program  aid  than  it
received  for  the  year  2001--2002  except  as a result of a reduction
adjustment necessary to conform to the  appropriations  for  support  of
public libraries.
  Notwithstanding  any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2010--2011
by chapter 53 of the laws of 2010 which enacts the education, labor  and
family assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion  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 15. 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

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week  of  June,  2011  and not later than the last day of the third full
business week of June, 2011, 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, 2011, for salary expenses incurred between April  1
and  June  30,  2011, 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 paragraph e of subdivision 1 of section 3609-a
of the education law as in effect through June 30,  2011,  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 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 appor-
tionment 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 paragraph, 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  16. 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, 2011, a school district  eligi-

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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, 2011, and such apportionment shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004-05 and 2005-06 school years associated with chang-
es for such public pension liabilities. The amount  of  such  additional
accrual shall be certified to the commissioner of education by the pres-
ident  of  the  board  of education or the trustees or, in the case of a
city school district in a city with a population in  excess  of  125,000
inhabitants, the mayor of such city. Such application shall be made by a
school district, after the board of education or trustees have adopted a
resolution  to do so and in the case of a city school district in a city
with a population in excess of 125,000 inhabitants, with the approval of
the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c  of  the  state  finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
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 appor-
tionment 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 paragraph, 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  17.  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

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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 elementary, middle, secondary and continu-
ing education program.
  S 18. 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  2010-11  school  year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  19.  Notwithstanding  any  provision  of  law  to the contrary, the
purposes and funding levels specified in section 54 of Part A of chapter
57 of the laws of 2009 shall be continued for such purposes and at  such
levels for the two thousand ten - two thousand eleven school year.
  S 20. 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 21. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2010, provided,
however, that:
  1.  sections  two and three, thirteen, fifteen and sixteen of this act
shall be deemed to have been in full force and effect on and after  July
1, 2010; and
  2.  the  amendments  to subdivision 6 of section 4402 of the education
law made by section three of this act shall not  affect  the  repeal  of
such subdivision and shall be deemed repealed therewith.