Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 31, 2014 |
signed chap.56 delivered to governor returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.31 substituted for a8556d |
Mar 31, 2014 |
substituted by s6356d motion to amend lost motion to amend lost ordered to third reading rules cal.31 rules report cal.31 reported reported referred to rules |
Mar 29, 2014 |
print number 8556d |
Mar 29, 2014 |
amend (t) and recommit to ways and means |
Mar 11, 2014 |
print number 8556c |
Mar 11, 2014 |
amend (t) and recommit to ways and means |
Feb 21, 2014 |
print number 8556b |
Feb 21, 2014 |
amend (t) and recommit to ways and means |
Feb 12, 2014 |
print number 8556a |
Feb 12, 2014 |
amend (t) and recommit to ways and means |
Jan 21, 2014 |
referred to ways and means |
Assembly Bill A8556D
Signed By Governor2013-2014 Legislative Session
Enacts into law major components of legislation necessary to implement the education, labor, housing and family assistance budget for the 2014-2015 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via S6356 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
-
-
-
-
Floor Vote: Mar 31, 2014
aye (58)- Addabbo Jr.
- Avella
- Ball
- Bonacic
- Boyle
- Breslin
- Carlucci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Gallivan
- Gianaris
- Gipson
- Golden
- Griffo
- Grisanti
- Hannon
- Hassell-Thompson
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Maziarz
- Nozzolio
- O'Brien
- O'Mara
- Parker
- Peralta
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stavisky
- Stewart-Cousins
- Tkaczyk
- Valesky
- Young
- Zeldin
nay (3)
-
Mar 31, 2014 - Finance Committee Vote
S635628Aye0Nay9Aye with Reservations0Absent0Excused0Abstained -
-
Bill Amendments
2013-A8556 - Details
2013-A8556 - Summary
Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance
2013-A8556 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6356 A. 8556 S E N A T E - A S S E M B L Y January 21, 2014 ___________ 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 to amend the education law, in relation to contracts for excel- lence, calculation of the gap elimination restoration amount, appor- tionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m., to establish a teacher excel- lence fund, duties and waivers of school districts with children with handicapping conditions, to authorize the commissioner of education to establish regional tuition rates for approved special education itin- erant services, to authorize reimbursement for approved special educa- tion itinerant services based on actual attendance, to authorize New York city to establish local tuition rates for approved special educa- tion itinerant services; 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 oper- ations, 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 the education law, in relation to the definition of "school district basic contribution"; 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 supple- mental 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-01-4 S. 6356 2 A. 8556 Act of 2001, in relation to extending the expiration of certain provisions of such chapters; to provide special apportionment for school bus driver training; to provide special apportionment for sala- ry expenses; to provide special apportionment for public pension accruals; to provide special apportionment for salary expenses; in relation to suballocation of certain education department accruals; in relation to the support of public libraries; and providing for the repeal of certain provisions upon expiration thereof (Part A); author- izing the creation of a state debt in the amount of two billion dollars, in relation to creating the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning tech- nology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); to amend the education law and the state finance law, in relation to the implemen- tation of the smart schools bond act of 2014 (Part C); to amend the education law, in relation to the nurse practitioners modernization act (Part D); to amend the education law and the executive law, in relation to harassment, bullying and discrimination in schools (Part E); to amend the executive law, in relation to unlawful discriminatory practices by educational institutions (Part F); to amend the education law, in relation to creating the science, technology, engineering and mathematics incentive program (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 New York state higher educa- tion matching grant program for independent colleges and the effec- tiveness thereof (Part H); 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 I); to amend the social services law, in relation to public assistance restrictions (Part J); to utilize reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); and to amend the education law, in relation to educational programs in juvenile justice programs operated by the office of children and fami- ly services (Subpart A); and to amend the social services law, in relation to a deadline for the close to home initiative (Subpart B) (Part L) 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 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through L. 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 S. 6356 3 A. 8556 Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 2 of part A of chapter 57 of the laws of 2013, 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 and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen 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 twelve--two thousand thirteen school year AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN 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 COMMIS- SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN 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 elimi- nation adjustment for two thousand ten--two thousand eleven computed S. 6356 4 A. 8556 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 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 adjustment computed pursuant to 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 2. Paragraph (f) of subdivision 17 of section 3602 of the education law, as added by section 12 of part A of chapter 57 of the laws of 2013, is amended and a new paragraph (g) is added to read as follows: (f) The gap elimination adjustment restoration amount for the two thousand fourteen--two thousand fifteen 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.] FOR A SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS- SIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND SHALL EQUAL THE GREATER OF: (I) THE PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-TWO PERCENT (0.22) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS (B) THE POSITIVE DIFFERENCE OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMI- NATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (III) THE SUM OF (A) THE GREATER OF: (A) THE PRODUCT OF (1) THE PRODUCT OF TWO HUNDRED AND SEVENTY-TWO DOLLARS ($272.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING MULTIPLIED BY (2) THE PRODUCT OF THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT TO SUBDIVISION FOUR OF THIS SECTION MULTIPLIED BY (4) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR; (B) THE PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND FIFTY CENTS ($363.50) MULTIPLIED BY (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS THE PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MULTI- PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN S. 6356 5 A. 8556 NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR (C) THE PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND- ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF THE TAX EFFORT RATIO AS DEFINED IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE HUNDRED SEVENTY-SIX THOUSANDTHS PERCENT (0.03176) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS THE ALTERNATE PUPIL WEALTH RATIO COMPUTED PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI- MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH- OUT ROUNDING MULTIPLIED BY (3) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (B) THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA- GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR TO THE BASE YEAR, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (B) ONE THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS ($1,815) MULTIPLIED BY (C) THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION; (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION ADJUSTMENT RESTORA- TION FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR SHALL NOT EXCEED THE PRODUCT OF FORTY-FIVE PERCENT (0.45) AND THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT. (G) THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 3. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is 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 S. 6356 6 A. 8556 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 THIRTEEN- -TWO THOUSAND FOURTEEN school year [and thereafter], the commissioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, 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 FOURTEEN--TWO THOUSAND FIFTEEN 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 FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5", 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, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIR- TY-SIX HUNDRED TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 S. 6356 7 A. 8556 PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. 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 interests of the district pursuant to guidelines developed by the commissioner and approved by the director of the budget. S 4. The opening paragraph of section 3609-a of the education law, as amended by section 14 of part A of chapter 57 of the laws of 2013, 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 THIRTEEN--TWO THOUSAND FOURTEEN 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 thirteen--two thousand fourteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA131-4". FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN 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 S. 6356 8 A. 8556 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 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 5. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 15 of part A of chapter 57 of the laws of 2013, 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 thirteen--two thousand fourteen] TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN. S 6. The education law is amended by adding a new section 3613 to read as follows: S 3613. SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES. 1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE PURSUANT TO SECTIONS FIFTEEN HUNDRED ELEVEN THROUGH FIFTEEN HUNDRED THIRTEEN, FIFTEEN HUNDRED TWENTY-FOUR, FIFTEEN HUNDRED TWENTY-SIX, SEVENTEEN HUNDRED FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE, THE REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE AREAS SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN- IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE S. 6356 9 A. 8556 BOARDS OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS PARTICIPAT- ING IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT DEFERRED FOR A ONE-YEAR PERIOD AND/OR PHASED-IN OVER A PERIOD AS MAY BE DETER- MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS IN THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH SHALL NOT EXCEED A TEN-YEAR PERIOD. TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA- TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING A PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS PRIOR TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE HELD, TO DEFER AND/OR PHASE-IN THE IMPACT AS PROVIDED HEREIN. IF THE BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES NOT APPROVE SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN PERIOD, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY. 2. DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH PORTION OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (C) DIVIDE THE PRODUCT SO DETERMINED BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE FIRST SCHOOL YEAR OF THE REORGANIZED SCHOOL DISTRICT. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THAT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. 3. DURING EACH YEAR OF A PHASE-IN PERIOD, WHOSE DURATION UP TO TEN YEARS SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF THE CONSTITUENT SCHOOL DISTRICTS, THE TAX RATE FOR EACH PORTION OF THE REORGANIZED SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE RESULT IS THE BASE FULL VALUE TAX RATE OF THE PORTION. (C) DETERMINE THE ASSESSED VALUE TAX RATE THAT WOULD HAVE APPLIED IN THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION. (D) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE THAT WOULD HAVE APPLIED FOR THE CURRENT SCHOOL YEAR BUT FOR THE PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE FOR THE PORTION. (E) DETERMINE THE DIFFERENCE BETWEEN THE TARGET FULL VALUE TAX RATE AND THE BASE FULL VALUE TAX RATE FOR THE PORTION. (F) DIVIDE THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER OF YEARS IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT. S. 6356 10 A. 8556 (G) MULTIPLY THE QUOTIENT SO DETERMINED BY THE NUMBER OF YEARS FROM THE BEGINNING OF THE PHASE-IN PERIOD UP TO AND INCLUDING THE YEAR FOR WHICH THE TAX RATE IS BEING DETERMINED. (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE. (I) DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION RATE. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THE CURRENT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. 4. AS USED HEREIN THE TERM "PORTION" MEANS THAT PART OF AN ASSESSING UNIT LOCATED WITHIN A SCHOOL DISTRICT. S 7. Section 3627 of the education law, as added by section 23 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 3627. Transportation after 4pm. 1. Notwithstanding any other provisions of this section to the contrary, for the two thousand thir- teen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, a city school district located in a city having a population of one million or more providing transportation pursuant to this chapter shall be responsible for: (a) providing transportation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half-past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two or (b) reimbursing the cost incurred by licensed transportation carriers pursuant to contracts with such school district for providing transpor- tation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half- past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two. 2. Nothing herein shall prohibit the school district from reimbursing for costs incurred for contracts between the school district and any entity providing or contracting for such transportation service. 3. A district shall not be deemed to have satisfied its obligation under this section by providing public service transportation. 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN- -TWO THOUSAND FIFTEEN school [year] YEARS and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty-six hundred two of this article shall be considered approved transportation expenses eligible for transportation aid, provided further that such aid shall be limited to five million six hundred thousand dollars. And provided further that such expenditures eligible for aid under this S. 6356 11 A. 8556 section shall supplement not supplant local expenditures for such trans- portation in the two thousand twelve--two thousand thirteen school year. 5. Notwithstanding any other provision of this section to the contra- ry, in no event shall such city school district, in order to comply with the requirements of this section, be required to incur any costs in excess of the amount eligible for transportation aid pursuant to subdi- vision four of this section. In the event such amount is insufficient, the city school district of New York shall provide transportation services within such amount on an equitable basis, until such apportion- ment is exhausted. 6. The chancellor of such school district, in consultation with the commissioner, shall prescribe the most cost effective system for imple- menting the requirements of this section, taking into consideration: (a) the costs associated with paragraphs (a) and (b) of subdivision one of this section, and (b) policies that attempt to maximize student safety for the student to be transported, which for purposes of this section shall include whether the pick up or drop off site of the transportation is: (i) not further than 600 feet from the student's residence; and/or (ii) at the same locations for any family that have children at the same residence who attend two or more different schools. 7. (a) In the event the chancellor has not satisfied a district's obligation under this section, a parent or guardian or any represen- tative authorized by such parent or guardian of a child eligible to receive transportation under this section may request the commissioner to arrange for the provision of the transportation to so satisfy the requirements of this section. (b) If within sixty days of receiving a request from such a parent or guardian or any representative authorized by such parent or guardian, the commissioner determines that the chancellor has not satisfied a district's obligation under this section, then the commissioner shall immediately direct the chancellor to contract with a licensed transpor- tation carrier to provide the transportation required pursuant to this section. (c) In the event the chancellor is directed by the commissioner to contract with a licensed transportation carrier to provide the transpor- tation required pursuant to this section, the chancellor shall provide the commissioner with a copy of such proposed contract, before it becomes effective, and the commissioner shall have the power to approve, disapprove or require amendments to such contract before it shall become effective. (d) A district, determined by the commissioner to not be in compliance with the requirements of this section, shall be responsible for the cost of any transportation contract awarded by the chancellor. 8. The parent or guardian, or any representative authorized by such parent or guardian, may submit a written request for transportation under this section, in the same manner and upon the same dates as are required for a request for transportation pursuant to subdivision two of section thirty-six hundred thirty-five of this article. S 8. Section 3641 of the education law is amended by adding a new subdivision 6-c to read as follows: 6-C. TEACHER EXCELLENCE FUND. A. WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A REQUEST FOR PROPOSALS DEVELOPED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE COMMISSION- ER SHALL AWARD TEACHER EXCELLENCE FUND GRANTS PURSUANT TO THIS SUBDIVI- SION TO ELIGIBLE SCHOOL DISTRICTS, BEGINNING IN THE TWO THOUSAND FOUR- S. 6356 12 A. 8556 TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, TO PROVIDE TEACHER EXCELLENCE FUND PERFORMANCE AWARDS TO HIGHLY EFFECTIVE TEACHERS. (1) TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL BE ALLOCATED IN AN ANNUAL AMOUNT OF UP TO TWENTY THOUSAND DOLLARS TO ELIGIBLE TEACHERS RATED AS "HIGHLY EFFECTIVE" BASED ON THE MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER. (2) ON AN ANNUAL BASIS, ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLI- CATION TO THE COMMISSIONER, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, TO REQUEST FUNDING PURSUANT TO THIS SUBDIVISION. (3) THE COMMISSIONER SHALL MAKE AVAILABLE SUCH APPLICATION ON OR BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL YEAR AND THE COMMISSIONER SHALL ISSUE PRELIMINARY TEACHER EXCELLENCE FUND GRANT AWARDS ON OR BEFORE OCTOBER FIFTEENTH OF THE SCHOOL YEAR IN WHICH THE ELIGIBLE TEACH- ER SHALL RECEIVE A TEACHER EXCELLENCE FUND PERFORMANCE AWARD. (4) APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE INFORMATION REQUIRED BY THE COMMISSIONER INCLUDING, BUT NOT LIMITED TO, THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PLAN IS INTENDED TO RECOGNIZE AND REWARD HIGHLY-EFFECTIVE TEACHERS: (I) IN SCHOOL BUILDINGS WITH THE GREATEST ACADEMIC NEED; (II) IN DIFFICULT-TO-STAFF SUBJECT OR CERTIF- ICATION AREAS AND/OR GRADE LEVELS; AND (III) AT CRITICAL POINTS IN A TEACHER'S CAREER IN ORDER TO ENCOURAGE HIGHLY EFFECTIVE TEACHERS TO REMAIN IN THE CLASSROOM. (5) THE COMMISSIONER SHALL PRIORITIZE APPLICATIONS SUBMITTED BY ELIGI- BLE SCHOOL DISTRICTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE FACTORS DESCRIBED IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH AND THE QUALITY OF THE PROPOSAL. (6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE TEACHER EXCELLENCE FUND PERFORMANCE AWARDS PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION TO, AND SHALL NOT BE CONSIDERED PART OF, A TEACH- ER'S BASIC ANNUAL SALARY, AND SHALL NOT BE INCLUDED AS COMPENSATION FOR RETIREMENT PURPOSES. TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL SUPPLEMENT AND SHALL NOT SUPPLANT COMPENSATION FROM SOURCES EXCLUSIVE OF THIS SUBDIVISION AGREED TO AS PART OF A COLLECTIVE BARGAINING AGREEMENT. B. FOR THE PURPOSE OF THIS SUBDIVISION: (1) THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOL, CITY, OR SPECIAL ACT SCHOOL DISTRICT THAT HAS ENTERED INTO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE- SENTATIVES OF CERTIFIED TEACHERS CONSISTENT WITH THE PROVISIONS OF THE APPLICATION SUBMITTED BY THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. (2) THE TERM "ELIGIBLE TEACHER" SHALL MEAN A TEACHER WHO (I) HOLDS AN INITIAL, PROVISIONAL, TRANSITIONAL, PERMANENT OR PROFESSIONAL STATE TEACHING CERTIFICATE APPROPRIATE TO THE TEACHING POSITIONS, INCLUDING THE SUBJECT AREA IF APPLICABLE, IN WHICH HE OR SHE IS EMPLOYED; (II) IS A CLASSROOM TEACHER SUBJECT TO THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER; AND (III) IS RATED "HIGHLY EFFECTIVE" BASED ON HIS OR HER MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIRE- MENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER. S 9. Subdivision 6 of section 4402 of the education law, as amended by section 21 of part A of chapter 57 of the laws of 2013, 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 S. 6356 13 A. 8556 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 [fourteen] FIFTEEN of the two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school year, be authorized to increase class sizes in special classes contain- ing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commis- sioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regu- lations 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. S 10. The education law is amended by adding a new section 4403-a to read as follows: S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS S. 6356 14 A. 8556 MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI- NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. S 11. Subparagraph (i) of paragraph a of subdivision 10 of section 4410 of the education law, as amended by chapter 82 of the laws of 1995, is amended and a new subparagraph (iv) is added to read as follows: (i) (A) Commencing with the nineteen hundred ninety--ninety-one school year, the commissioner shall annually determine the tuition rate for approved services or programs provided to preschool children pursuant to this section. Such rates for providers of such services and programs shall be determined in conformance with a methodology established pursu- ant to subdivision four of section forty-four hundred five of this arti- cle after consultation with and a review of an annual report prepared by the advisory committee established pursuant to paragraph a of subdivi- sion twelve of this section and shall be subject to the approval of the director of the budget. Notwithstanding any other provision of law, rule or regulation to the contrary, tuition rates established for the nine- teen hundred ninety-five--ninety-six school year shall exclude the two percent cost of living adjustment authorized in rates established for the nineteen hundred ninety-four--ninety-five school year. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL EDUCATION ITINERANT SERVICES BASED ON APPROVED ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA- TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON THE ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES. (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER, THE CITY OF NEW YORK SHALL BE AUTHORIZED TO ESTAB- LISH LOCAL TUITION RATES FOR APPROVED SPECIAL EDUCATION ITINERANT S. 6356 15 A. 8556 SERVICES PROVIDED WITHIN THE CITY OF NEW YORK THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH LOCAL TUITION RATES SHALL NOT EXCEED THE TUITION RATES DETERMINED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET PURSUANT TO SUBPARAGRAPHS (I) THROUGH (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. THE LOCAL TUITION RATES SO ESTABLISHED SHALL BE USED IN THE CONTRACTS WITH PROVIDERS PROVIDING SPECIAL EDUCATION ITINERANT SERVICES WITHIN THE CITY OF NEW YORK. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE RESPONSIBLE FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL EDUCA- TION ITINERANT PROGRAM PROVIDER THROUGH THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL- IZED EDUCATION PROGRAM OF THE PRESCHOOL CHILD. PROVIDED, HOWEVER, THAT THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA- GRAPH SHALL NOT APPLY TO PRESCHOOL CHILDREN WITH DISABILITIES WHO RECEIVED PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO THOU- SAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR. THE CITY OF NEW YORK SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER. S 12. 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 27 of part A of chapter 57 of the laws of 2013, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section [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, reimbursement] 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, 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, [and] reimbursement for the 2013--2014 school year shall not exceed 62.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and sixty-five cents per contact hour, AND REIMBURSEMENT FOR THE 2014--2015 SCHOOL YEAR SHALL NOT EXCEED 61.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS AND THREE CENTS PER CONTACT HOUR where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwith- standing any other provision of law to the contrary, [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; where- as] 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; whereas for the 2013--2014 school year such contact hours shall not exceed one million six hundred forty-nine thousand seven hundred forty-six (1,649,746) hours; WHEREAS FOR THE 2014--2015 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED TWENTY-NINE (1,432,129) 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 subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium S. 6356 16 A. 8556 for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivi- sion 11 of section 3602 of the education law. S 13. 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 s to read as follows: S. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2014--2015 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 14. 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 29 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2014] 2015. S 15. 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 30 of part A of chapter 57 of the laws of 2013, 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, [2015] 2016. S 16. 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 31 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015 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] TWENTY-FOUR of this act shall be deemed to be repealed on and after July 1, [2014] 2015; S. 6356 17 A. 8556 S 17. Subdivision 8 of section 4401 of the education law, as amended by section 25-a of part A of chapter 57 of the laws of 2013, is amended to read as follows: 8. "School district basic contribution" shall mean an amount equal to the total school district local property and non-property tax levy for the base year divided by the base year public school district enrollment of resident pupils of the school district as defined in paragraph n of subdivision one of section thirty-six hundred two of this chapter, except that for the two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for school districts other than central high school districts and their components, such tax levy for the base year shall be divided by the year prior to the base year pupil count as determined by the commissioner pursuant to paragraph f of subdivision two of section thirty-six hundred two of this chapter for any school district in which such year prior to the base year pupil count exceeds one hundred fifty percent of such base year public school district enrollment of resident pupils. S 18. 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 32 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015 when upon such date the provisions of this act shall be deemed repealed. S 19. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provisions 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 33 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015. S 20. 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 34 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015. S 21. The opening paragraph of subdivision 10 of section 3602-e of the education law, as amended by section 10-a of part A of chapter 57 of the laws of 2012, is amended to read as follows: Notwithstanding any provision of law to the contrary, for aid payable in the two thousand eight--two thousand nine school year, the grant to each eligible school district for universal prekindergarten aid shall be computed pursuant to this subdivision, and for the two thousand nine-- two thousand ten and two thousand ten--two thousand eleven school years, each school district shall be eligible for a maximum grant equal to the amount computed for such school district for the base year in the elec- tronic data file produced by the commissioner in support of the two thousand nine--two thousand ten education, labor and family assistance budget, provided, however, that in the case of a district implementing programs for the first time or implementing expansion programs in the two thousand eight--two thousand nine school year where such programs operate for a minimum of ninety days in any one school year as provided in section 151-1.4 of the regulations of the commissioner, for the two S. 6356 18 A. 8556 thousand nine--two thousand ten and two thousand ten--two thousand elev- en school years, such school district shall be eligible for a maximum grant equal to the amount computed pursuant to paragraph a of subdivi- sion nine of this section in the two thousand eight--two thousand nine school year, and for the two thousand eleven--two thousand twelve school year each school district shall be eligible for a maximum grant equal to the amount set forth for such school district as "UNIVERSAL PREKINDER- GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", and for two thousand twelve--two thousand thirteen [and], two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school years each school district shall be eligible for a maximum grant equal to the greater of (i) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", or (ii) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner on May fifteenth, two thousand eleven pursuant to paragraph b of subdivision twenty-one of section three hundred five of this chapter, and provided further that the maximum grant shall not exceed the total actual grant expenditures incurred by the school district in the current school year as approved by the commissioner. S 22. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2014--2015 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational 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 23. 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, 2015 and not later than the last day of the third full business week of June, 2015, 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, 2015, for salary expenses incurred between April 1 and June 30, 2015 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 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--2012 as determined by the commis- sioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not S. 6356 19 A. 8556 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 24. 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, 2015, 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, 2015 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 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 S. 6356 20 A. 8556 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 reminder 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 25. 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 26. 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 2014--2015 school year, as a non-component school district, services required by article 19 of the education law. S 27. The amounts specified in this section shall be a set aside from the state funds which each such district is receiving from the total S. 6356 21 A. 8556 foundation aid: for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs for the 2014--2015 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, twenty-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). Notwithstanding the provisions 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 instructional or instructional support costs associ- ated with implementation of an alternative approach to reduction of racial isolation and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations 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. For the purpose of attendance improvement and dropout prevention for the 2014--2015 school year, for any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2014--2015 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 organizations must be in addition to allocations provided to community-based organizations in the base year. For the S. 6356 22 A. 8556 purpose of teacher support for the 2014--2015 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 section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion 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 distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate 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 28. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2014 enacting the aid to localities budget shall be apportioned for the 2014--2015 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 chapter 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 2014--2015 by a chapter of the laws of 2014 enacting the education, labor and fami- ly 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 29. 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. 6356 23 A. 8556 S 30. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2014, provided, however, that: 1. Sections one, two, three, four, five, seven, nine, twelve, thir- teen, seventeen, twenty-two, twenty-six and twenty-seven of this act shall take effect July 1, 2014. 2. The amendments to subdivision 6 of section 4402 of the education law made by section nine of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith. 3. Section eleven of this act shall take effect April 1, 2014 and shall first apply to the provision of services and programs pursuant to section 4410 of the education law in the 2014-2015 school year, provided that the provisions of subparagraph (iv) of paragraph a of subdivision 10 of section 4410 of the education law, as added by such section of this act, shall expire and be deemed repealed June 30, 2019. 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 twelve and thirteen of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 5. Section sixteen of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after the effec- tive date of section 140 of chapter 82 of the laws of 1995. 6. Section twenty-five of this act shall expire and be deemed repealed June 30, 2015. PART B Section 1. The smart schools bond act of 2014 is enacted to read as follows: SMART SCHOOLS BOND ACT OF 2014 Section 1. Short title. 2. Creation of a state debt. 3. Bonds of the state. 4. Use of moneys received. Section 1. Short title. This act shall be known and may be cited as the "smart schools bond act of 2014". S 2. Creation of a state debt. The creation of a state debt in an amount not exceeding in the aggregate two billion dollars ($2,000,000,000) is hereby authorized to provide moneys for the single purpose of improving learning and opportunity for public school students of the state by funding capital projects to: acquire learning technology equipment or facilities including, but not limited to, interactive whiteboards, computer servers, and desktop, laptop and tablet computers; install high-speed broadband or wireless internet connectivity for schools and communities; and construct, enhance, and modernize educa- tional facilities to accommodate pre-kindergarten programs. The legisla- ture may, by appropriate legislation and subject to such conditions as it may impose, make available out of the proceeds of the sale of bonds authorized in this act, moneys disbursed or to be disbursed for the cost of approved capital projects undertaken by, or on behalf of, school districts for such purposes. S 3. Bonds of the state. The state comptroller is hereby authorized and empowered to issue and sell bonds of the state up to the aggregate S. 6356 24 A. 8556 amount of two billion dollars ($2,000,000,000) for the purposes of this act, subject to the provisions of article five of the state finance law. The aggregate principal amount of such bonds shall not exceed two billion dollars ($2,000,000,000) excluding bonds issued to refund or otherwise repay bonds heretofore issued for such purpose; provided, however, that upon any such refunding or repayment, the total aggregate principal amount of outstanding bonds may be greater than two billion dollars ($2,000,000,000) only if the present value of the aggregate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid. The method for calculating present value shall be determined by law. S 4. Use of moneys received. The moneys received by the state from the sale of bonds sold pursuant to this act shall be expended pursuant to appropriations for capital projects related to design, planning, site acquisition, demolition, construction, reconstruction, rehabilitation, or acquisition and/or installation of equipment for the following types of projects: capital projects related to educational technology equip- ment or facilities including but not limited to interactive whiteboards; computer servers; desktop and laptop computers, and tablets; high-speed broadband or wireless internet connectivity for schools and communities; and capital projects to construct, enhance or modernize educational facilities to accommodate pre-kindergarten programs. S 2. This act shall take effect immediately, provided that the provisions of section one of this act shall not take effect unless and until this act shall have been submitted to the people at the general election to be held in November 2014 and shall have been approved by a majority of all votes cast for and against it at such election. Upon approval by the people, section one of this act shall take effect imme- diately. The ballots to be furnished for the use of voters upon submission of this act shall be in the form prescribed by the election law and the proposition or question to be submitted shall be printed thereon in substantially the following form, namely "The SMART SCHOOLS BOND ACT OF 2014, as set forth in section one of part B of chapter (here insert the chapter number) of the laws of 2014, authorizes the sale of state bonds of up to two billion dollars ($2,000,000,000) to provide access to classroom technology and high-speed internet connectivity to equalize opportunities for children to learn and to add classroom space to expand high-quality pre-kindergarten programs. Shall the SMART SCHOOLS BOND ACT OF 2014 be approved?". PART C Section 1. This act shall be known and may be cited as the "smart schools implementation act of 2014". S 2. Section 3641 of the education law is amended by adding a new subdivision 16 to read as follows: 16. IMPLEMENTATION OF THE SMART SCHOOLS BOND ACT OF 2014. A. DEFI- NITIONS. THE FOLLOWING TERMS, WHENEVER USED OR REFERRED TO IN THIS SUBDIVISION, UNLESS THE CONTEXT INDICATES OTHERWISE, SHALL HAVE THE FOLLOWING MEANINGS: (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE "SMART SCHOOLS BOND ACT OF 2014" IN ACCORDANCE WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW. S. 6356 25 A. 8556 (2) "SMART SCHOOLS REVIEW BOARD" SHALL MEAN A BODY COMPRISED OF THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE DIRECTOR OF THE BUDGET, AND THE COMMISSIONER, OR THEIR RESPECTIVE DESIGNEES. (3) "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED BY A SCHOOL DISTRICT SETTING FORTH THE SMART SCHOOLS PROJECT OR PROJECTS TO BE UNDERTAKEN WITH SUCH DISTRICT'S SMART SCHOOLS ALLOCATION. (4) "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET FORTH AND DEFINED IN SUBPARAGRAPHS FIVE, SIX, OR SEVEN OF THIS PARAGRAPH. (5) "PRE-KINDERGARTEN PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS A PRIMARY PURPOSE, EXPANDS THE AVAILABILITY OF ADEQUATE AND APPROPRIATE INSTRUCTIONAL SPACE FOR PRE-KINDERGARTEN. (6) "COMMUNITY CONNECTIVITY PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS A PRIMARY PURPOSE, EXPANDS HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY IN THE LOCAL COMMUNITY, INCLUDING SCHOOL BUILDINGS AND CAMPUSES, FOR ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE. (7) "CLASSROOM TECHNOLOGY PROJECT" SHALL MEAN A CAPITAL PROJECT TO EXPAND HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY SOLELY FOR SCHOOL BUILDINGS AND CAMPUSES, OR TO ACQUIRE LEARNING TECHNOLOGY HARD- WARE FOR SCHOOLS, CLASSROOMS, AND STUDENT USE, INCLUDING BUT NOT LIMITED TO WHITEBOARDS, COMPUTER SERVERS, DESKTOP COMPUTERS, LAPTOP COMPUTERS, AND TABLET COMPUTERS. (8) "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID", AND "SUPPLEMENTAL PUB EXCESS COST" UNDER THE HEADING "2013-14 BASE YEAR AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND FOURTEEN-FIFTEEN SCHOOL YEAR. (9) "SMART SCHOOLS ALLOCATION" SHALL MEAN, FOR EACH SCHOOL DISTRICT, THE PRODUCT OF (I) TWO BILLION DOLLARS ($2,000,000,000) MULTIPLIED BY (II) THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL AID DIVIDED BY THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS. B. SMART SCHOOLS INVESTMENT PLANS. (1) THE SMART SCHOOLS REVIEW BOARD SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY CRITERIA FOR SMART SCHOOLS INVESTMENT PLANS TO BE SUBMITTED BY SCHOOL DISTRICTS. SUCH GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO: (I) A TIMELINE FOR SCHOOL DISTRICT SUBMISSION OF SMART SCHOOLS INVESTMENT PLANS; (II) ANY REQUIREMENTS FOR THE USE OF AVAILABLE STATE PROCUREMENT OPTIONS WHERE APPLICABLE; AND (III) ANY LIMITATIONS ON THE AMOUNT OF A DISTRICT'S SMART SCHOOLS ALLOCATION THAT MAY BE USED FOR ASSETS WITH A SHORT PROBABLE LIFE. (2) NO SCHOOL DISTRICT SHALL BE ENTITLED TO A SMART SCHOOLS GRANT UNTIL SUCH DISTRICT SHALL HAVE SUBMITTED A SMART SCHOOLS INVESTMENT PLAN TO THE SMART SCHOOLS REVIEW BOARD AND RECEIVED SUCH BOARD'S APPROVAL OF SUCH INVESTMENT PLAN. IN DEVELOPING SUCH INVESTMENT PLAN, SCHOOL DISTRICTS SHALL CONSULT WITH PARENTS, TEACHERS, STUDENTS, COMMUNITY MEMBERS AND OTHER STAKEHOLDERS. (3) THE SMART SCHOOLS REVIEW BOARD SHALL REVIEW ALL SMART SCHOOLS INVESTMENT PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SMART SCHOOLS REVIEW BOARD MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN SUCH PLANS TO THE SCHOOL DISTRICT FOR MODIFICATIONS. UPON APPROVAL, THE SMART SCHOOLS PROJECT OR PROJECTS DESCRIBED IN THE INVESTMENT PLAN SHALL BE ELIGIBLE FOR SMART SCHOOLS GRANTS. A SMART SCHOOLS PROJECT INCLUDED IN A SCHOOL DISTRICT'S S. 6356 26 A. 8556 SMART SCHOOLS INVESTMENT PLAN SHALL NOT REQUIRE SEPARATE APPROVAL OF THE COMMISSIONER UNLESS IT IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED TO BE SUBMITTED FOR APPROVAL OF THE COMMISSIONER PURSUANT TO SECTION FOUR HUNDRED EIGHT OF THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. ANY DEPARTMENT, AGENCY OR PUBLIC AUTHORITY SHALL PROVIDE THE SMART SCHOOLS REVIEW BOARD WITH ANY INFORMA- TION IT REQUIRES TO FULFILL ITS DUTIES PURSUANT TO THIS SUBDIVISION. (4) ANY AMENDMENTS OR SUPPLEMENTS TO A SMART SCHOOL INVESTMENT PLAN MUST BE SUBMITTED TO THE SMART SCHOOLS REVIEW BOARD FOR APPROVAL, AND SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED. C. EXPENDITURE OF MONEY. (1) SMART SCHOOLS GRANTS. EACH SCHOOL DISTRICT WHICH HAS AN APPROVED SMART SCHOOLS INVESTMENT PLAN INCLUDING A SMART SCHOOLS PROJECT OR PROJECTS SHALL BE ENTITLED TO A GRANT OR GRANTS FOR THE SMART SCHOOLS PROJECT OR PROJECTS INCLUDED THEREIN IN AN AMOUNT, WHETHER IN THE AGGREGATE OR OTHERWISE, NOT TO EXCEED THE SMART SCHOOLS ALLOCATION CALCULATED FOR SUCH SCHOOL DISTRICT. THE AMOUNT OF SUCH ALLO- CATION NOT EXPENDED, DISBURSED OR ENCUMBERED FOR ANY SCHOOL YEAR SHALL BE CARRIED OVER FOR EXPENDITURE AND DISBURSEMENT TO THE NEXT SUCCEEDING SCHOOL YEAR. EXPENDITURES FROM THE SMART SCHOOLS ALLOCATION SHALL NOT BE ELIGIBLE FOR AID UNDER ANY OTHER PROVISION OF THIS CHAPTER. (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID TO SCHOOL DISTRICTS SHALL BE CERTIFIED BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION. IF, UPON THE OPTION OF A SCHOOL DISTRICT, A SMART SCHOOLS INVESTMENT PLAN DIRECTS THAT AN AMOUNT BE TRANSFERRED OR SUBAL- LOCATED TO A DEPARTMENT, AGENCY, OR PUBLIC AUTHORITY TO BE SPENT ON BEHALF OF THE SCHOOL DISTRICT, SUCH AMOUNTS SHALL BE TRANSFERRED OR SUBALLOCATED, CONSISTENT WITH SUCH PLAN, UPON THE APPROVAL OF THE DIREC- TOR OF THE BUDGET. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE AVAILABLE SHALL BE PAID BY THE COMPTROLLER IN ACCORDANCE WITH APPROPRIATIONS THEREFOR, PROVIDED, HOWEVER, THAT THE PAYMENT SCHEDULE SET FORTH IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH PAYMENTS. SUCH PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR THE COMMISSIONER TO APPORTION FUNDS PURSUANT TO THIS SUBDIVISION, AND WHENEVER A SCHOOL DISTRICT HAS BEEN APPORTIONED MORE MONEY PURSUANT TO THIS SUBDIVISION THAN THAT TO WHICH IT IS ENTITLED, THE COMMISSIONER MAY DEDUCT SUCH AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL DISTRICT. D. CONSISTENCY WITH FEDERAL TAX LAW. ALL ACTIONS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD- ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS SUBDIVISION, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS. E. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS. S 3. The state finance law is amended by adding a new section 97-oooo to read as follows: S 97-OOOO. SMART SCHOOLS BOND FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA- TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SMART SCHOOLS BOND FUND". 2. THE STATE COMPTROLLER SHALL DEPOSIT INTO THE SMART SCHOOLS BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF THE SMART SCHOOLS BOND ACT OF 2014. S. 6356 27 A. 8556 3. MONEYS IN THE SMART SCHOOLS BOND FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDITURES MADE FROM APPROPRI- ATIONS FROM THE CAPITAL PROJECTS FUND FOR THE PURPOSE OF THE SMART SCHOOLS BOND FUND, AS SET FORTH IN THE SMART SCHOOLS BOND ACT OF 2014. 4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES SOLD PURSUANT TO THE SMART SCHOOLS BOND ACT OF 2014 SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER. S 4. Section 61 of the state finance law is amended by adding a new subdivision 31 to read as follows: SMART SCHOOLS PROJECTS 31. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING BUT NOT LIMITED TO PRE-KINDERGARTEN PROJECTS, COMMUNITY CONNECTIVITY PROJECTS, AND CLASSROOM TECHNOLOGY PROJECTS, ALL AS DEFINED IN SUBDIVI- SION SIXTEEN OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN, ENACTING AND CONSTITUTING THE SMART SCHOOLS BOND ACT OF 2014. THIRTY YEARS FOR PRE-KINDERGARTEN PROJECTS, TWENTY YEARS FOR COMMUNITY CONNECTIVITY PROJECTS, AND EIGHT YEARS FOR CLASSROOM TECHNOLOGY PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING ANNUAL DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER- AGE PERIOD OF PROBABLE LIFE OF SUCH SMART SCHOOLS PROJECTS, INCLUDING WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHT- ED AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM MULTIPLYING THE DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE LIFE OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR VALUE OF THE ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT. S 5. If any clause, sentence, paragraph, 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 ther- eof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 6. This act shall take effect only in the event that section 1 of part B of a chapter of the laws of 2014, enacting the "smart schools bond act of 2014," is submitted to the people at the general election to be held in November 2014 and is approved by a majority of all votes cast for and against it at such election. Upon such approval, this act shall take effect immediately. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act are authorized and directed to be made and completed on or before such effective date. PART D Section 1. Short title. This act shall be known and may be cited as the "nurse practitioners modernization act". S 2. Subdivision 3 of section 6902 of the education law, as added by chapter 257 of the laws of 1988, is amended to read as follows: S. 6356 28 A. 8556 3. (a) (I) The practice of registered professional nursing by a nurse practitioner, certified under section six thousand nine hundred ten of this article, may include the diagnosis of illness and physical condi- tions and the performance of therapeutic and corrective measures within a specialty area of practice, in collaboration with a licensed physician qualified to collaborate in the specialty involved, provided such services are performed in accordance with a written practice agreement and written practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF THIS SUBDIVISION. The written practice agreement shall include explicit provisions for the resolution of any disagreement between the collab- orating physician and the nurse practitioner regarding a matter of diag- nosis or treatment that is within the scope of practice of both. To the extent the practice agreement does not so provide, then the collaborat- ing physician's diagnosis or treatment shall prevail. [(b)] (II) IN THE EVENT THAT (A) AN EXISTING WRITTEN PRACTICE AGREE- MENT WITH A COLLABORATING PHYSICIAN TERMINATES AS A RESULT OF: THE COLLABORATING PHYSICIAN MOVING, RETIRING, NO LONGER NEEDING THE SERVICES OF THE NURSE PRACTITIONER, NO LONGER BEING QUALIFIED TO PRACTICE; OR THE WRITTEN PRACTICE AGREEMENT TERMINATING DUE TO NO FAULT ON THE PART OF THE NURSE PRACTITIONER; AND (B) THE NURSE PRACTITIONER DEMONSTRATES THAT HE OR SHE HAS MADE A GOOD FAITH EFFORT TO ENTER INTO A NEW WRITTEN PRAC- TICE AGREEMENT WITH A COLLABORATING PHYSICIAN AND HAS BEEN UNABLE TO DO SO, THEN UPON APPROVAL BY THE DEPARTMENT, SUCH NURSE PRACTITIONER MAY CONTINUE TO PRACTICE PURSUANT TO THIS PARAGRAPH WITHIN A SPECIALTY AREA OF PRACTICE FOR A PERIOD OF UP TO SIX MONTHS, IN COLLABORATION WITH A NURSE PRACTITIONER WHO HAS BEEN CERTIFIED UNDER SECTION SIX THOUSAND NINE HUNDRED TEN OF THIS ARTICLE, WHO HAS BEEN PRACTICING FOR MORE THAN THREE THOUSAND SIX HUNDRED HOURS AND WHO IS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED, PROVIDED THAT SERVICES ARE PERFORMED IN ACCORD- ANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS; SUCH SIX MONTH TIME PERIOD FOR COLLABORATION BETWEEN NURSE PRACTITIONERS MAY BE EXTENDED FOR A PERIOD OF TIME NOT TO EXCEED AN ADDITIONAL SIX MONTHS UPON A SHOWING OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT. (III) Prescriptions for drugs, devices and immunizing agents may be issued by a nurse practitioner, under this [subdivision] PARAGRAPH and section six thousand nine hundred ten of this article, in accordance with the practice agreement and practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF THIS SUBDIVISION. The nurse practitioner shall obtain a certificate from the department upon successfully completing a program including an appropriate pharmacology component, or its equiv- alent, as established by the commissioner's regulations, prior to prescribing under this [subdivision] PARAGRAPH. The certificate issued under section six thousand nine hundred ten of this article shall state whether the nurse practitioner has successfully completed such a program or equivalent and is authorized to prescribe under this [subdivision] PARAGRAPH. [(c)] (IV) Each practice agreement shall provide for patient records review by the collaborating physician OR, WHERE APPLICABLE, THE COLLAB- ORATING NURSE PRACTITIONER, in a timely fashion but in no event less often than every three months. The names of the nurse practitioner and the collaborating physician OR, WHERE APPLICABLE, THE COLLABORATING NURSE PRACTITIONER shall be clearly posted in the practice setting of the nurse practitioner. [(d)] (V) The practice protocol shall reflect current accepted medical and nursing practice, OR FOR COLLABORATIONS WITH ANOTHER NURSE PRACTI- S. 6356 29 A. 8556 TIONER PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE CURRENT ACCEPTED NURSING PRACTICE. The protocols shall be filed with the department within ninety days of the commencement of the practice and may be updated periodically. The commissioner shall make regulations establishing the procedure for the review of protocols and the disposi- tion of any issues arising from such review. [(e)] (VI) No physician OR, WHERE APPLICABLE, NURSE PRACTITIONER, shall enter into practice agreements with more than four nurse practi- tioners who are not located on the same physical premises as the collab- orating physician OR COLLABORATING NURSE PRACTITIONER. [(f)] (B) NOTWITHSTANDING SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, A NURSE PRACTITIONER, CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND SIX HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN LIEU OF COMPLYING WITH THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION RELATING TO COLLABORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH THIS PARAGRAPH SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED PHYSI- CIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A HOSPITAL, LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, THAT PROVIDES SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION. THE NURSE PRACTITIONER SHALL DOCUMENT SUCH COLLABORATIVE RELATIONSHIPS IN A MANNER REQUIRED BY THE DEPARTMENT, WHICH IDENTIFIES THE NAME AND MEDICAL LICENSE NUMBER OF EACH PHYSICIAN OR HOSPITAL, AS APPLICABLE, WITH WHOM THE NURSE PRACTITIONER IS COLLABORATING, AND THE NURSE PRACTITIONER ATTESTS THAT THE PHYSICIAN OR HOSPITAL IS AWARE OF AND HAS AGREED TO MAINTAIN A COLLABORATIVE RELATIONSHIP WITH THE NURSE PRACTITIONER. (C) Nothing in this subdivision shall be deemed to limit or diminish the practice of the profession of nursing as a registered professional nurse under this article or any other law, rule, regulation or certif- ication, nor to deny any registered professional nurse the right to do any act or engage in any practice authorized by this article or any other law, rule, regulation or certification. [(g)] (D) The provisions of this subdivision shall not apply to any activity authorized, pursuant to statute, rule or regulation, to be performed by a registered professional nurse in a hospital as defined in article twenty-eight of the public health law. (E) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA- TION, THE DEPARTMENT SHALL COLLECT AND A NURSE PRACTITIONER SHALL PROVIDE SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING BUT NOT LIMITED TO THE LOCATION AND TYPE OF SETTING WHEREIN THE NURSE PRACTITIONER PRACTICES; IF THE NURSE PRACTITIONER HAS PRACTICED FOR FEWER THAN THREE THOUSAND SIX HUNDRED HOURS AND IS PRAC- TICING PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A PHYSICIAN; IF THE NURSE PRACTITIONER PRACTICES PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A NURSE PRACTITIONER FOR SIX MONTHS AND IF THE WRITTEN PRACTICE AGREEMENT HAS BEEN EXTENDED FOR AN ADDITIONAL SIX MONTHS UPON A SHOWING OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT; IF THE NURSE PRACTITIONER PRACTICES PURSUANT TO COLLABORATIVE RELATIONSHIPS WITH A PHYSICIAN OR HOSPITAL; AND OTHER INFORMATION THE DEPARTMENT, IN CONSUL- TATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. S 3. This act shall take effect on the first of January after it shall have become a law; provided, however, that effective immediately, the S. 6356 30 A. 8556 addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date. PART E Section 1. Section 11 of the education law is amended by adding a new subdivision 9 to read as follows: 9. "PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION" SHALL MEAN MULTIPLE INCIDENTS OF HARASSMENT, BULLYING OR DISCRIMINATION INVOLVING ONE OR MORE KNOWN OR UNKNOWN PERPETRATORS AGAINST A PARTICULAR CLASS OR CLASSES OF PERSONS BASED ON THEIR ACTUAL OR PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX. S 2. Paragraph d of subdivision 1 of section 13 of the education law, as added by chapter 102 of the laws of 2012, is amended to read as follows: d. require the principal, superintendent or the principal's or super- intendent's designee to lead or supervise the thorough investigation of all reports of harassment, bullying and discrimination, and to ensure that such investigation is completed promptly after receipt of any writ- ten reports made under this section. IF THE PRINCIPAL OR SUPERINTENDENT DESIGNATES AN INDIVIDUAL TO LEAD AND SUPERVISE SUCH INVESTIGATION AND THE INVESTIGATION REVEALS VERIFIED HARASSMENT, BULLYING OR DISCRIMI- NATION, THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE SHALL PROMPTLY FORWARD ANY DETERMINATIONS OF VERIFIED HARASSMENT, BULLYING OR DISCRIMI- NATION DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS DETER- MINED BY THE SCHOOL DISTRICT; S 3. Paragraphs e, f, g, h, i, j, k and l of subdivision 1 of section 13 of the education law are relettered paragraphs g, h, i, j, k, l, m and n and two new paragraphs e and f are added to read as follows: E. REQUIRE, AS PART OF THE INVESTIGATION UNDERTAKEN PURSUANT TO PARA- GRAPH D OF THIS SUBDIVISION, THE PRINCIPAL, SUPERINTENDENT OR THE PRIN- CIPAL'S OR SUPERINTENDENT'S DESIGNEE TO ALSO INVESTIGATE AND DETERMINE IF EACH VERIFIED INCIDENT IS PART OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION. IF THE PRINCIPAL OR SUPERINTENDENT DESIGNATES AN INDIVIDUAL TO LEAD AND SUPERVISE SUCH INVESTIGATION, THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE SHALL PROMPTLY FORWARD ANY SUCH DETERMI- NATIONS, WHETHER OR NOT THEY FIND A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS DETERMINED BY THE SCHOOL DISTRICT; SUCH OFFICIAL OR OFFICIALS, IN TURN, SHALL PROMPTLY UNDERTAKE AN INDEPENDENT REVIEW OF EACH DETERMINATION TO DETERMINE IF THE VERIFIED INCIDENT IS PART OF SUCH A PATTERN OF HARASS- MENT, BULLYING OR DISCRIMINATION; F. REQUIRE THE PRINCIPAL OR SUPERINTENDENT TO PROMPTLY REPORT TO THE COMMISSIONER, THE DIVISION OF HUMAN RIGHTS AND THE DIVISION OF STATE POLICE, (I) ANY INVESTIGATION WHERE A DETERMINATION IS MADE BY EITHER THE PRINCIPAL, SUPERINTENDENT OR THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE THAT A VERIFIED INCIDENT OF HARASSMENT, BULLYING OR DISCRIMI- NATION IS PART OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION AND (II) ANY PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION OF WHICH THEY OTHERWISE BECOME AWARE. SCHOOL DISTRICTS SHALL ENSURE THAT THEY HAVE ADEQUATE POLICIES AND PROCEDURES IN PLACE TO ENSURE THAT THESE PATTERNS ARE REPORTED PROMPTLY; S 4. Section 14 of the education law is amended by adding two new subdivisions 6 and 7 to read as follows: S. 6356 31 A. 8556 6. WHEN THE COMMISSIONER RECEIVES A REPORT FROM A PRINCIPAL OR SUPER- INTENDENT OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, THE COMMISSIONER SHALL DEVELOP, AND THE SCHOOL DISTRICT SHALL IMPLEMENT, INTERVENTION PROTOCOLS REASONABLY CALCULATED TO END THE HARASSMENT, BULLYING OR DISCRIMINATION, ELIMINATE ANY HOSTILE ENVIRONMENT, CREATE A MORE POSITIVE SCHOOL CULTURE AND CLIMATE, PREVENT RECURRENCE OF THE BEHAVIOR, AND ENSURE THE SAFETY OF THE STUDENT OR STUDENTS AGAINST WHOM SUCH HARASSMENT, BULLYING OR DISCRIMINATION WAS DIRECTED. THE DEPARTMENT SHALL EVALUATE THE DISTRICT'S IMPLEMENTATION OF SUCH PROTOCOLS WITHIN SIX MONTHS AFTER SUCH PROTOCOLS ARE RECEIVED BY THE DISTRICT. 7. IF THE COMMISSIONER RECEIVES OR ACQUIRES SUBSTANTIAL EVIDENCE FROM ANY SOURCE THAT A SCHOOL PRINCIPAL OR SUPERINTENDENT HAS FAILED TO FULFILL HIS OR HER DUTIES UNDER THIS ARTICLE OR HAS FAILED TO REPORT A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION AS DEFINED IN SECTION ELEVEN OF THIS ARTICLE, OF WHICH THE PRINCIPAL OR SUPERINTENDENT KNEW OR SHOULD HAVE KNOWN, THE COMMISSIONER SHALL INITIATE A REMOVAL PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED SIX OF THIS TITLE. FOR THE PURPOSES OF THIS SUBDIVISION ONLY, A PRINCIPAL SHALL BE DEEMED A SCHOOL OFFICER. S 5. Section 297 of the executive law is amended by adding a new subdivision 11 to read as follows: 11. THE DIVISION SHALL PROMPTLY REPORT TO THE COMMISSIONER OF EDUCA- TION INFORMATION REGARDING ANY COMPLAINTS OF DISCRIMINATION AGAINST STUDENTS IN A PUBLIC SCHOOL, BROUGHT PURSUANT TO SUBDIVISION FOUR OF SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WHERE A DETERMINATION OF PROBABLE CAUSE HAS BEEN ISSUED BY THE DIVISION. SUCH INFORMATION MAY BE USED BY THE COMMISSIONER OF EDUCATION TO DETERMINE WHETHER A SCHOOL PRINCIPAL OR SUPERINTENDENT HAS FAILED TO REPORT A PATTERN OF HARASS- MENT, BULLYING OR DISCRIMINATION IN VIOLATION OF ARTICLE TWO OF THE EDUCATION LAW. S 6. This act shall take effect on the ninetieth day after it shall have become a law, provided that authority of the commissioner of educa- tion and the division of human rights to promulgate any regulations necessary to implement this act shall take effect immediately. PART F Section 1. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "EDUCATIONAL INSTITUTION", WHEN USED IN THIS ARTICLE, SHALL MEAN: (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY. S 2. Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 4. It shall be an unlawful discriminatory practice for an [education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law] EDUCATIONAL INSTITUTION to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, sexual orientation, military status, sex, age or marital status, except that any such insti- S. 6356 32 A. 8556 tution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. S 3. This act shall take effect immediately. PART G Section 1. The education law is amended by adding a new section 669-e to read as follows: S 669-E. NEW YORK STATE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMAT- ICS INCENTIVE PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN AN APPROVED UNDERGRADUATE PROGRAM LEADING TO A CAREER IN SCIENCE, TECH- NOLOGY, ENGINEERING OR MATHEMATICS AT A NEW YORK STATE PUBLIC INSTITU- TION OF HIGHER EDUCATION SHALL BE ELIGIBLE FOR AN AWARD UNDER THIS SECTION, PROVIDED THE APPLICANT: (A) GRADUATES FROM A HIGH SCHOOL LOCATED IN NEW YORK STATE DURING OR AFTER THE TWO THOUSAND THIRTEEN--FOURTEEN SCHOOL YEAR; AND (B) GRADUATES WITHIN THE TOP TEN PERCENT OF HIS OR HER HIGH SCHOOL CLASS; AND (C) ENROLLS IN FULL-TIME STUDY EACH ACADEMIC YEAR BEGINNING IN THE FALL TERM AFTER HIS OR HER HIGH SCHOOL GRADUATION IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS, AS DEFINED BY THE CORPORATION, AT A NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION; AND (D) SIGNS A CONTRACT WITH THE CORPORATION AGREEING THAT HIS OR HER AWARD WILL BE CONVERTED TO A STUDENT LOAN IN THE EVENT THE STUDENT FAILS TO COMPLY WITH THE TERMS OF THIS PROGRAM AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND ALL REQUIREMENTS PROMULGATED BY THE CORPORATION FOR THE ADMINISTRATION OF THE PROGRAM. 2. AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND THEREAFTER TO APPLI- CANTS THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK STATE CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES EDUCA- TIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE, SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND- ANCE; AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPIENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION. 3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS, EXCLUDING ANY ALLOWABLE INTERRUPTION OF STUDY. 4. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) A RECIPIENT FAILS TO COMPLETE AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, S. 6356 33 A. 8556 ENGINEERING OR MATHEMATICS OR CHANGES MAJORS TO A PROGRAM OF UNDERGRADU- ATE STUDY OTHER THAN IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS; OR (B) UPON COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM A RECIPIENT FAILS TO EITHER (I) COMPLETE FIVE YEARS OF EMPLOYMENT IN THE SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS FIELD WITH A PUBLIC OR PRIVATE ENTITY LOCATED WITHIN NEW YORK STATE, OR (II) MAINTAIN RESIDENCY IN NEW YORK STATE FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A RECIPIENT FAILS TO RESPOND TO REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR PROFESSIONAL PROGRESS. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS AND CONTINUE THEIR EDUCATION ON AT LEAST A HALF-TIME BASIS IN A GRADUATE OR HIGHER DEGREE PROGRAM OR OTHER PROFESSIONAL LICENSURE DEGREE PROGRAM UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR EMPLOY- MENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPORATION. THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR A GRACE PERIOD, TO BE ESTABLISHED BY THE CORPORATION, FOLLOWING THE COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. 5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO, THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. 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 C of chapter 57 of the laws of 2013, 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, [2014] 2017, 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 capital matching grant program S. 6356 34 A. 8556 for independent colleges, as amended by section 2 of part C of chapter 57 of the laws of 2013, is amended to read as follows: (h) In the event that any colleges do not apply for higher education capital matching grants by March 31, 2009, or in the event they apply for and are awarded, but do not use the full amount of such grants, the unused funds associated with such grants shall thereafter be awarded to colleges on a competitive basis, according to the priorities set forth below. Notwithstanding subdivision five of this section, any college shall be eligible to apply for such unused funds in response to a request for proposals for a higher education capital matching grant pursuant to this paragraph. 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 accreditation 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. The dormitory authority shall develop a request for proposals and application process, in consultation with the board, for higher education capital matching grants awarded pursuant to this paragraph, and shall develop criteria, subject to review by the board, for the awarding of such grants. Such criteria shall include, but not be limited to 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, [2013] 2014, and the board shall act on each application for such matching grants by November 1, [2013] 2014. 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 capi- tal matching grant program for independent colleges, as amended by section 3 of part C of chapter 57 of the laws of 2013, 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, [2015,] 2017, 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 capital grant program for independent colleges, as amended by section 4 of part C of chapter 57 of the laws of 2013, 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, [2014] 2018, on the use of funding received and its programmatic and economic impact. The dormitory authority shall submit a report no later than S. 6356 35 A. 8556 November 1, [2014] 2018 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 matching capital 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, 2014. PART I 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 E of chapter 57 of the laws of 2013, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$137.00] $139.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$158.00] $160.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$187.00] $190.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (d) for the period commencing January first, two thousand [fourteen] FIFTEEN, 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 [fourteen] FIFTEEN, but prior to June thirtieth, two thousand [fourteen] FIFTEEN, 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 E of chapter 57 of the laws of 2013, are amended to read as follows: (a) On and after January first, two thousand [thirteen] FOURTEEN, for an eligible individual living alone, [$797.00] $808.00; and for an eligible couple living alone, [$1170.00] $1186.00. (b) On and after January first, two thousand [thirteen] FOURTEEN, for an eligible individual living with others with or without in-kind income, [$733.00] $744.00; and for an eligible couple living with others with or without in-kind income, [$1112.00] $1128.00. (c) On and after January first, two thousand [thirteen] FOURTEEN, (i) for an eligible individual receiving family care, [$976.48] $987.48 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, [$938.48] $949.48; 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. S. 6356 36 A. 8556 (d) On and after January first, two thousand [thirteen] FOURTEEN, (i) for an eligible individual receiving residential care, [$1145.00] $1156.00 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 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, [$1115.00] $1126.00; 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 [thirteen] FOURTEEN, for an eligible individual receiving enhanced residential care, [$1404.00] $1415.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this paragraph. (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 [fourteen] FIFTEEN but prior to June thirtieth, two thousand [fourteen] FIFTEEN. S 3. This act shall take effect December 31, 2014. PART J Section 1. The opening paragraph of section 21-a of the social services law, as added by section 144-a of part B of chapter 436 of the laws of 1997, is amended to read as follows: Any electronic benefit transfer system shall be implemented by the department on a statewide basis and shall be administered pursuant to the provisions of this section. FOR PURPOSES OF SUCH ELECTRONIC BENEFIT TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE OF A CREDIT OR DEBIT CARD SERVICE, AUTOMATED TELLER MACHINE, POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE. S 2. The social services law is amended by adding a new section 145-d to read as follows: S 145-D. SANCTIONS AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE FOR ANY RECIPIENT THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC- TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT IS LICENSED TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY ESTABLISHMENT THAT IS LICENSED TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; (III) ANY CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS TITLE; OR (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTER- TAINMENT. FOR PURPOSES OF THIS SECTION, "GAMING ESTABLISHMENT" SHALL MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL- CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE BACKSTRETCH. S. 6356 37 A. 8556 2. ANY PERSON WHO, INDIVIDUALLY OR AS A MEMBER OF A FAMILY, IS FOUND BY A FEDERAL, STATE, LOCAL, CRIMINAL, CIVIL OR OTHER COURT OR PURSUANT TO AN ADMINISTRATIVE HEARING HELD IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT, ON THE BASIS OF A PLEA OF GUILTY OR NOLO CONTENDERE OR OTHERWISE, TO HAVE ACCESSED PUBLIC ASSISTANCE BY MEANS OF AN ELECTRONIC BENEFIT TRANSFER IN AN UNAUTHORIZED LOCATION AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION, SHALL NOT HAVE HIS OR HER NEEDS TAKEN INTO ACCOUNT IN DETERMINING HIS OR HER NEED OR THAT OF HIS OR HER FAMILY PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE: (I) FOR A PERIOD OF ONE MONTH FOR THE FIRST OFFENSE; (II) FOR A PERIOD OF TWO MONTHS FOR THE SECOND OFFENSE; (III) FOR A PERIOD OF THREE MONTHS FOR THE THIRD OFFENSE; AND (IV) FOR A PERIOD OF SIX MONTHS FOR ANY SUBSEQUENT OFFENSE. THESE SANCTIONS SHALL BE IN ADDITION TO AND NOT IN SUBSTITUTION OF ANY OTHER SANCTIONS OR PENALTIES THAT MAY BE PROVIDED FOR BY LAW WITH RESPECT TO THE UNAUTHORIZED USE INVOLVED, EXCEPT THAT THE SOCIAL SERVICES OFFICIAL OR COURT OFFICIAL ASSESSING SANCTIONS OR PENALTIES AGAINST A RECIPIENT FOR AN UNAUTHORIZED USE AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY CONSIDER WHETHER TO IMPOSE SUCH OTHER SANCTIONS OR PENALTIES BASED UPON THE EXISTENCE OF THE SANCTIONS DESCRIBED IN THIS SUBDIVISION. S 3. Section 151 of the social services law, as added by chapter 570 of the laws of 1951, is amended to read as follows: S 151. [Penalty] PENALTIES for cashing public assistance checks OR ACCEPTING ELECTRONIC BENEFIT TRANSFERS FROM PUBLIC ASSISTANCE RECIPIENTS. [No] 1. UNAUTHORIZED TRANSACTIONS. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO person, firm, ESTABLISH- MENT, ENTITY, or corporation (A) licensed under the [provision] PROVISIONS of the alcoholic beverage control law to sell liquor AND/OR WINE at retail FOR OFF-PREMISES CONSUMPTION; (B) LICENSED TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; (C) LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING ACTIVITY UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; (D) LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF THE GENERAL MUNICIPAL LAW; (E) LICENSED TO PARTICIPATE IN THE OPERATION OF A VIDEO LOTTERY FACILITY UNDER SECTION ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW; (F) LICENSED TO OPERATE A GAMING FACILITY UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MU- TUEL WAGERING AND BREEDING LAW; OR (G) PROVIDING ADULT-ORIENTED ENTER- TAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, shall cash or accept[, for any purpose whatsoever,] FOR UNAUTHORIZED TRANSACTIONS AS SET FORTH IN SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-FIVE-D OF THIS ARTICLE, any public assistance check OR ELECTRONIC BENEFIT TRANSFER DEVICE issued by a public welfare official or department, OR AGENT THER- EOF, as and for public assistance. 2. AUTHORIZED TRANSACTIONS. (A) A GROCERY STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS AND THAT ALSO OFFERS, OR IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS, A CASINO, GAMBLING CASINO, OR GAMING ESTAB- LISHMENT; AND ANY AREA OF A PARI-MUTUEL RACE TRACK THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE BACKSTRETCH, MAY ACCEPT ANY PUBLIC ASSIST- ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER ISSUED BY A PUBLIC WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. FOR PURPOSES OF THIS PARA- GRAPH, "GAMING ESTABLISHMENT" SHALL MEAN ANY VIDEO LOTTERY FACILITY, S. 6356 38 A. 8556 OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK. (B) ANY ESTABLISHMENT THAT OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS AT SUCH LOCATION MAY ACCEPT ANY PUBLIC ASSIST- ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER DEVICE ISSUED BY A PUBLIC WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. 3. PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE of this section [for the first offense shall be punishable by a fine not to exceed fifty dollars. A second offense] TAKING PLACE AT THE LICENSED PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF- PREMISES CONSUMPTION; (II) TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; OR (III) TO SELL LIQUOR, WINE AND/OR BEER FOR ON-PREMISES CONSUMPTION AT AN ESTABLISHMENT WHERE ENTERTAINERS APPEAR UNCLOTHED AS PERMITTED BY THE RULES OF THE STATE LIQUOR AUTHORITY, shall constitute [sufficient] cause, FOR THE PURPOSES OF SECTION ONE HUNDRED EIGHTEEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW, for the revocation, cancellation or suspension of such license [issued pursuant to the alcoholic beverage control law]. (B) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL- ITY UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE THOU- SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA- TION OF A VIDEO LOTTERY FACILITY; LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR- TEEN-H OF THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH PERSON, CORPO- RATION OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE HUNDRED FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND SECTION ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH MAY INCLUDE REVOCA- TION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION. (C) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION BY ANY PERSON, FIRM, ESTABLISHMENT, ENTITY OR CORPORATION PROVIDING ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTER- TAINMENT, SHALL BE A VIOLATION, AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE A VIOLATION SUBJECT TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, AND A THIRD SUCH VIOLATION SHALL BE CLASS B MISDEMEANOR SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS. S 4. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, the New York state office of temporary and disability assistance, the New York state liquor authori- ty, and the New York state gaming commission shall be authorized to promulgate regulations on an emergency basis and immediately take such other actions as necessary to implement the provisions of this act. PART K Section 1. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural rental assistance program, a sum not to exceed twenty million four hundred thousand dollars for the fiscal year ending March 31, 2015. S. 6356 39 A. 8556 Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed twenty million four hundred thousand dollars as soon as practicable but no later than June 30, 2014. Notwithstanding any other provision of law, all current and existing rural rental assistance program contracts may be assigned to the corporation to administer as soon as practicable. Notwithstanding any other provision of law, such funds may be used by the corporation in support of contracts scheduled to expire in 2014-15 for as many as 10 additional years; in support of contracts for new eligible projects for a period not to exceed 5 years; and in support of contracts which reach their 25 year maximum in and/or prior to 2014-15 for an additional one year period. S 2. Notwithstanding any other provision of law, the housing finance agency may provide, for costs associated with the rehabilitation of Mitchell Lama housing projects, a sum not to exceed thirty-two million dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing finance agency, for the purposes of reimbursing any costs asso- ciated with Mitchell Lama housing projects authorized by this section, a total sum not to exceed thirty-two million dollars as soon as practica- ble but no later than March 31, 2015. S 3. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the neighborhood preservation program, a sum not to exceed eight million four hundred seventy-nine thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed eight million four hundred seventy-nine thou- sand dollars as soon as practicable but no later than June 30, 2014. S 4. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural preservation program, a sum not to exceed three million five hundred thirty-nine thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that S. 6356 40 A. 8556 the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed three million five hundred thirty-nine thousand dollars as soon as practicable but no later than June 30, 2014. S 5. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural and urban community investment fund program created pursuant to article XXVII of the private housing finance law, a sum not to exceed six million seven hundred fifty thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corpo- ration (the corporation), for the purposes of reimbursing any costs associated with rural and urban community investment fund program contracts authorized by this section, a total sum not to exceed six million seven hundred fifty thousand dollars as soon as practicable but not later than March 31, 2015. S 6. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law, a sum not to exceed two million five hundred thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mort- gage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corpo- ration (the corporation), for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed two million five hundred thousand dollars as soon as practicable but no later than March 31, 2015. S 7. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the homes for working families program for deposit in the housing trust fund created pursuant to section 59-a of the private housing finance law and subject to the provisions of article XVIII of the private housing finance law, a sum not to exceed one million seven hundred fifty thou- sand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created S. 6356 41 A. 8556 pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of direc- tors of the state of New York mortgage agency shall authorize the trans- fer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with homes for working families program contracts authorized by this section, a total sum not to exceed one million seven hundred fifty thousand dollars as soon as practicable but no later than March 31, 2015. S 8. This act shall take effect immediately. PART L Section 1. This act enacts into law major components of legislation which are necessary to continue transforming New York's juvenile justice system. Each component is wholly contained within a Subpart identified as Subparts A through B. The effective date for each particular 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 three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law, as added by section 1 of part K of chapter 57 of the laws of 2012, is amended 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 special education programs AND ANY OTHER PROGRAMS and related services provided by the board of cooper- ative 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 educational 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 section 2 of part K of chapter 57 of the laws of 2012, is amended to read as follows: 6-a. Notwithstanding subdivision six of this section or any other law to the contrary, the commissioner of the office of children and family services shall be responsible for the secular education of youth under the jurisdiction of the 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 such youth is located or with the board of cooperative educational services at which any such school district is a component district [for special education programs and related services]. A youth attending a local public school while in residence at such facility shall be deemed a resident of the school S. 6356 42 A. 8556 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; provided that the amend- ments to subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law made by section one of this act shall not affect the expiration and repeal of such subparagraph and shall expire and be deemed repealed therewith pursuant to section 4 of part K of chapter 57 of the laws of 2012, and provided further, that the amendments to subdi- vision 6-a of section 3202 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdi- vision pursuant to section 4 of part K of chapter 57 of the laws of 2012. SUBPART B Section 1. Paragraph (a) of subdivision 7 of section 404 of the social services law, as added by section 1 of subpart A of part G of chapter 57 of the laws of 2012, is amended to read as follows: (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 the first of any such approved plan for a district to implement services for each setting level, but in no event later than [September first, two thousand fourteen] APRIL THIRTIETH, TWO THOUSAND FIFTEEN: (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 solely 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 residential 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 juvenile delinquents placed in the applicable setting level. Such commissioner 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. In assessing which of such facilities to close, or at which to implement any significant service reductions, public employee staffing reductions and/or transfer of oper- ations to a private or not-for-profit entity, the commissioner shall consider the following factors: (1) ability to provide a safe, humane and therapeutic environment for placed youth; (2) ability to meet the S. 6356 43 A. 8556 educational, mental health, substance abuse and behavioral health treat- ment needs of placed youth; (3) community networks and partnerships that promote the social, mental, economic and behavioral development of placed youth; (4) future capacity requirements for the effective opera- tion of youth facilities; (5) the physical characteristics, conditions and costs of operation of the facility; and (6) the location of the facility in regards to costs and ease of transportation of placed youth and their families. S 2. This act shall take effect immediately; provided that the amend- ments to paragraph (a) of subdivision 7 of section 404 of the social services law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith pursuant to section 11 of subpart A of part G of chapter 57 of the laws of 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 Subparts A and B of this act shall be as specifically set forth in the last section of such Subparts. 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 L of this act shall be as specifically set forth in the last section of such Parts.
2013-A8556A - Details
2013-A8556A - Summary
Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance
2013-A8556A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6356--A A. 8556--A S E N A T E - A S S E M B L Y January 21, 2014 ___________ 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 to amend the education law, in relation to contracts for excel- lence, calculation of the gap elimination restoration amount, appor- tionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m., to establish a teacher excel- lence fund, duties and waivers of school districts with children with handicapping conditions, to authorize the commissioner of education to establish regional tuition rates for approved special education itin- erant services, to authorize reimbursement for approved special educa- tion itinerant services based on actual attendance, to authorize New York city to establish local tuition rates for approved special educa- tion itinerant services; 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 oper- ations, 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 the education law, in relation to the definition of "school district basic contribution"; 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 supple- mental educational services, attendance at a safe public school and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-02-4 S. 6356--A 2 A. 8556--A 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, in relation to extending the expiration of certain provisions of such chapters; to provide special apportionment for school bus driver training; to provide special apportionment for sala- ry expenses; to provide special apportionment for public pension accruals; to provide special apportionment for salary expenses; in relation to suballocation of certain education department accruals; in relation to the support of public libraries; and providing for the repeal of certain provisions upon expiration thereof (Part A); author- izing the creation of a state debt in the amount of two billion dollars, in relation to creating the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning tech- nology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); to amend the education law and the state finance law, in relation to the implemen- tation of the smart schools bond act of 2014 (Part C); to amend the education law, in relation to the nurse practitioners modernization act (Part D); to amend the education law and the executive law, in relation to harassment, bullying and discrimination in schools (Part E); to amend the executive law, in relation to unlawful discriminatory practices by educational institutions (Part F); to amend the education law, in relation to creating the science, technology, engineering and mathematics incentive program (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 New York state higher educa- tion matching grant program for independent colleges and the effec- tiveness thereof (Part H); 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 I); to amend the social services law, in relation to public assistance restrictions (Part J); to utilize reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); and to amend the education law, in relation to educational programs in juvenile justice programs operated by the office of children and fami- ly services (Subpart A); and to amend the social services law, in relation to a deadline for the close to home initiative (Subpart B) (Part L) 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 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through L. 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. 6356--A 3 A. 8556--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. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 2 of part A of chapter 57 of the laws of 2013, 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 and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen 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 twelve--two thousand thirteen school year AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN 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 COMMIS- SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one S. 6356--A 4 A. 8556--A minus the quotient of the sum of the school district's net gap elimi- nation 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 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 adjustment computed pursuant to 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 2. Paragraph (f) of subdivision 17 of section 3602 of the education law, as added by section 12 of part A of chapter 57 of the laws of 2013, is amended and a new paragraph (g) is added to read as follows: (f) The gap elimination adjustment restoration amount for the two thousand fourteen--two thousand fifteen 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.] FOR A SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS- SIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND SHALL EQUAL THE GREATER OF: (I) THE PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-TWO PERCENT (0.22) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS (B) THE POSITIVE DIFFERENCE OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMI- NATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (III) THE SUM OF (A) THE GREATER OF: (A) THE PRODUCT OF (1) THE PRODUCT OF TWO HUNDRED AND SEVENTY-TWO DOLLARS ($272.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING MULTIPLIED BY (2) THE PRODUCT OF THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT TO SUBDIVISION FOUR OF THIS SECTION MULTIPLIED BY (4) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR; (B) THE PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND FIFTY CENTS ($363.50) MULTIPLIED BY (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS THE PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MULTI- S. 6356--A 5 A. 8556--A PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR (C) THE PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND- ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF THE TAX EFFORT RATIO AS DEFINED IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE HUNDRED SEVENTY-SIX THOUSANDTHS PERCENT (0.03176) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS THE ALTERNATE PUPIL WEALTH RATIO COMPUTED PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI- MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH- OUT ROUNDING MULTIPLIED BY (3) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (B) THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA- GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR TO THE BASE YEAR, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (B) ONE THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS ($1,815) MULTIPLIED BY (C) THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION; (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION ADJUSTMENT RESTORA- TION FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR SHALL NOT EXCEED THE PRODUCT OF FORTY-FIVE PERCENT (0.45) AND THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT. (G) THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 3. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is 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 S. 6356--A 6 A. 8556--A 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 THIRTEEN- -TWO THOUSAND FOURTEEN school year [and thereafter], the commissioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, 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 FOURTEEN--TWO THOUSAND FIFTEEN 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 FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5", 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, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIR- TY-SIX HUNDRED TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO S. 6356--A 7 A. 8556--A 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 COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. 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 interests of the district pursuant to guidelines developed by the commissioner and approved by the director of the budget. S 4. The opening paragraph of section 3609-a of the education law, as amended by section 14 of part A of chapter 57 of the laws of 2013, 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 THIRTEEN--TWO THOUSAND FOURTEEN 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 thirteen--two thousand fourteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA131-4". FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN 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 S. 6356--A 8 A. 8556--A 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 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 5. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 15 of part A of chapter 57 of the laws of 2013, 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 thirteen--two thousand fourteen] TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN. S 6. The education law is amended by adding a new section 3613 to read as follows: S 3613. SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES. 1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE PURSUANT TO SECTIONS FIFTEEN HUNDRED ELEVEN THROUGH FIFTEEN HUNDRED THIRTEEN, FIFTEEN HUNDRED TWENTY-FOUR, FIFTEEN HUNDRED TWENTY-SIX, SEVENTEEN HUNDRED FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE, THE REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE S. 6356--A 9 A. 8556--A AREAS SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN- IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE BOARDS OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS PARTICIPAT- ING IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT DEFERRED FOR A ONE-YEAR PERIOD AND/OR PHASED-IN OVER A PERIOD AS MAY BE DETER- MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS IN THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH SHALL NOT EXCEED A TEN-YEAR PERIOD. TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA- TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING A PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS PRIOR TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE HELD, TO DEFER AND/OR PHASE-IN THE IMPACT AS PROVIDED HEREIN. IF THE BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES NOT APPROVE SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN PERIOD, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY. 2. DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH PORTION OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (C) DIVIDE THE PRODUCT SO DETERMINED BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE FIRST SCHOOL YEAR OF THE REORGANIZED SCHOOL DISTRICT. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THAT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. 3. DURING EACH YEAR OF A PHASE-IN PERIOD, WHOSE DURATION UP TO TEN YEARS SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF THE CONSTITUENT SCHOOL DISTRICTS, THE TAX RATE FOR EACH PORTION OF THE REORGANIZED SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE RESULT IS THE BASE FULL VALUE TAX RATE OF THE PORTION. (C) DETERMINE THE ASSESSED VALUE TAX RATE THAT WOULD HAVE APPLIED IN THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION. (D) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE THAT WOULD HAVE APPLIED FOR THE CURRENT SCHOOL YEAR BUT FOR THE PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE FOR THE PORTION. (E) DETERMINE THE DIFFERENCE BETWEEN THE TARGET FULL VALUE TAX RATE AND THE BASE FULL VALUE TAX RATE FOR THE PORTION. (F) DIVIDE THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER OF YEARS IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT. S. 6356--A 10 A. 8556--A (G) MULTIPLY THE QUOTIENT SO DETERMINED BY THE NUMBER OF YEARS FROM THE BEGINNING OF THE PHASE-IN PERIOD UP TO AND INCLUDING THE YEAR FOR WHICH THE TAX RATE IS BEING DETERMINED. (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE. (I) DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION RATE. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THE CURRENT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. 4. AS USED HEREIN THE TERM "PORTION" MEANS THAT PART OF AN ASSESSING UNIT LOCATED WITHIN A SCHOOL DISTRICT. S 7. Section 3627 of the education law, as added by section 23 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 3627. Transportation after 4pm. 1. Notwithstanding any other provisions of this section to the contrary, for the two thousand thir- teen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, a city school district located in a city having a population of one million or more providing transportation pursuant to this chapter shall be responsible for: (a) providing transportation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half-past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two or (b) reimbursing the cost incurred by licensed transportation carriers pursuant to contracts with such school district for providing transpor- tation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half- past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two. 2. Nothing herein shall prohibit the school district from reimbursing for costs incurred for contracts between the school district and any entity providing or contracting for such transportation service. 3. A district shall not be deemed to have satisfied its obligation under this section by providing public service transportation. 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN- -TWO THOUSAND FIFTEEN school [year] YEARS and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty-six hundred two of this article shall be considered approved transportation expenses eligible for transportation aid, provided further that such aid shall be limited to five million six hundred thousand dollars. And provided further that such expenditures eligible for aid under this S. 6356--A 11 A. 8556--A section shall supplement not supplant local expenditures for such trans- portation in the two thousand twelve--two thousand thirteen school year. 5. Notwithstanding any other provision of this section to the contra- ry, in no event shall such city school district, in order to comply with the requirements of this section, be required to incur any costs in excess of the amount eligible for transportation aid pursuant to subdi- vision four of this section. In the event such amount is insufficient, the city school district of New York shall provide transportation services within such amount on an equitable basis, until such apportion- ment is exhausted. 6. The chancellor of such school district, in consultation with the commissioner, shall prescribe the most cost effective system for imple- menting the requirements of this section, taking into consideration: (a) the costs associated with paragraphs (a) and (b) of subdivision one of this section, and (b) policies that attempt to maximize student safety for the student to be transported, which for purposes of this section shall include whether the pick up or drop off site of the transportation is: (i) not further than 600 feet from the student's residence; and/or (ii) at the same locations for any family that have children at the same residence who attend two or more different schools. 7. (a) In the event the chancellor has not satisfied a district's obligation under this section, a parent or guardian or any represen- tative authorized by such parent or guardian of a child eligible to receive transportation under this section may request the commissioner to arrange for the provision of the transportation to so satisfy the requirements of this section. (b) If within sixty days of receiving a request from such a parent or guardian or any representative authorized by such parent or guardian, the commissioner determines that the chancellor has not satisfied a district's obligation under this section, then the commissioner shall immediately direct the chancellor to contract with a licensed transpor- tation carrier to provide the transportation required pursuant to this section. (c) In the event the chancellor is directed by the commissioner to contract with a licensed transportation carrier to provide the transpor- tation required pursuant to this section, the chancellor shall provide the commissioner with a copy of such proposed contract, before it becomes effective, and the commissioner shall have the power to approve, disapprove or require amendments to such contract before it shall become effective. (d) A district, determined by the commissioner to not be in compliance with the requirements of this section, shall be responsible for the cost of any transportation contract awarded by the chancellor. 8. The parent or guardian, or any representative authorized by such parent or guardian, may submit a written request for transportation under this section, in the same manner and upon the same dates as are required for a request for transportation pursuant to subdivision two of section thirty-six hundred thirty-five of this article. S 8. Section 3641 of the education law is amended by adding a new subdivision 6-c to read as follows: 6-C. TEACHER EXCELLENCE FUND. A. WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A REQUEST FOR PROPOSALS DEVELOPED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE COMMISSION- ER SHALL AWARD TEACHER EXCELLENCE FUND GRANTS PURSUANT TO THIS SUBDIVI- SION TO ELIGIBLE SCHOOL DISTRICTS, BEGINNING IN THE TWO THOUSAND FOUR- S. 6356--A 12 A. 8556--A TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, TO PROVIDE TEACHER EXCELLENCE FUND PERFORMANCE AWARDS TO HIGHLY EFFECTIVE TEACHERS. (1) TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL BE ALLOCATED IN AN ANNUAL AMOUNT OF UP TO TWENTY THOUSAND DOLLARS TO ELIGIBLE TEACHERS RATED AS "HIGHLY EFFECTIVE" BASED ON THE MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER. (2) ON AN ANNUAL BASIS, ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLI- CATION TO THE COMMISSIONER, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, TO REQUEST FUNDING PURSUANT TO THIS SUBDIVISION. (3) THE COMMISSIONER SHALL MAKE AVAILABLE SUCH APPLICATION ON OR BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL YEAR AND THE COMMISSIONER SHALL ISSUE PRELIMINARY TEACHER EXCELLENCE FUND GRANT AWARDS ON OR BEFORE OCTOBER FIFTEENTH OF THE SCHOOL YEAR IN WHICH THE ELIGIBLE TEACH- ER SHALL RECEIVE A TEACHER EXCELLENCE FUND PERFORMANCE AWARD. (4) APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE INFORMATION REQUIRED BY THE COMMISSIONER INCLUDING, BUT NOT LIMITED TO, THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PLAN IS INTENDED TO RECOGNIZE AND REWARD HIGHLY-EFFECTIVE TEACHERS: (I) IN SCHOOL BUILDINGS WITH THE GREATEST ACADEMIC NEED; (II) IN DIFFICULT-TO-STAFF SUBJECT OR CERTIF- ICATION AREAS AND/OR GRADE LEVELS; AND (III) AT CRITICAL POINTS IN A TEACHER'S CAREER IN ORDER TO ENCOURAGE HIGHLY EFFECTIVE TEACHERS TO REMAIN IN THE CLASSROOM. (5) THE COMMISSIONER SHALL PRIORITIZE APPLICATIONS SUBMITTED BY ELIGI- BLE SCHOOL DISTRICTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE FACTORS DESCRIBED IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH AND THE QUALITY OF THE PROPOSAL. (6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE TEACHER EXCELLENCE FUND PERFORMANCE AWARDS PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION TO, AND SHALL NOT BE CONSIDERED PART OF, A TEACH- ER'S BASIC ANNUAL SALARY, AND SHALL NOT BE INCLUDED AS COMPENSATION FOR RETIREMENT PURPOSES. TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL SUPPLEMENT AND SHALL NOT SUPPLANT COMPENSATION FROM SOURCES EXCLUSIVE OF THIS SUBDIVISION AGREED TO AS PART OF A COLLECTIVE BARGAINING AGREEMENT. B. FOR THE PURPOSE OF THIS SUBDIVISION: (1) THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOL, CITY, OR SPECIAL ACT SCHOOL DISTRICT THAT HAS ENTERED INTO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE- SENTATIVES OF CERTIFIED TEACHERS CONSISTENT WITH THE PROVISIONS OF THE APPLICATION SUBMITTED BY THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. (2) THE TERM "ELIGIBLE TEACHER" SHALL MEAN A TEACHER WHO (I) HOLDS AN INITIAL, PROVISIONAL, TRANSITIONAL, PERMANENT OR PROFESSIONAL STATE TEACHING CERTIFICATE APPROPRIATE TO THE TEACHING POSITIONS, INCLUDING THE SUBJECT AREA IF APPLICABLE, IN WHICH HE OR SHE IS EMPLOYED; (II) IS A CLASSROOM TEACHER SUBJECT TO THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER; AND (III) IS RATED "HIGHLY EFFECTIVE" BASED ON HIS OR HER MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIRE- MENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER. S 9. Subdivision 6 of section 4402 of the education law, as amended by section 21 of part A of chapter 57 of the laws of 2013, 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 S. 6356--A 13 A. 8556--A 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 [fourteen] FIFTEEN of the two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school year, be authorized to increase class sizes in special classes contain- ing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commis- sioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regu- lations 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. S 10. The education law is amended by adding a new section 4403-a to read as follows: S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS S. 6356--A 14 A. 8556--A MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI- NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. S 11. Subparagraph (i) of paragraph a of subdivision 10 of section 4410 of the education law, as amended by chapter 82 of the laws of 1995, is amended and a new subparagraph (iv) is added to read as follows: (i) (A) Commencing with the nineteen hundred ninety--ninety-one school year, the commissioner shall annually determine the tuition rate for approved services or programs provided to preschool children pursuant to this section. Such rates for providers of such services and programs shall be determined in conformance with a methodology established pursu- ant to subdivision four of section forty-four hundred five of this arti- cle after consultation with and a review of an annual report prepared by the advisory committee established pursuant to paragraph a of subdivi- sion twelve of this section and shall be subject to the approval of the director of the budget. Notwithstanding any other provision of law, rule or regulation to the contrary, tuition rates established for the nine- teen hundred ninety-five--ninety-six school year shall exclude the two percent cost of living adjustment authorized in rates established for the nineteen hundred ninety-four--ninety-five school year. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL EDUCATION ITINERANT SERVICES BASED ON APPROVED ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA- TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON THE ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES. (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER, THE CITY OF NEW YORK SHALL BE AUTHORIZED TO ESTAB- LISH LOCAL TUITION RATES FOR APPROVED SPECIAL EDUCATION ITINERANT S. 6356--A 15 A. 8556--A SERVICES PROVIDED WITHIN THE CITY OF NEW YORK THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH LOCAL TUITION RATES SHALL NOT EXCEED THE TUITION RATES DETERMINED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET PURSUANT TO SUBPARAGRAPHS (I) THROUGH (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. THE LOCAL TUITION RATES SO ESTABLISHED SHALL BE USED IN THE CONTRACTS WITH PROVIDERS PROVIDING SPECIAL EDUCATION ITINERANT SERVICES WITHIN THE CITY OF NEW YORK. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE RESPONSIBLE FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL EDUCA- TION ITINERANT PROGRAM PROVIDER THROUGH THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL- IZED EDUCATION PROGRAM OF THE PRESCHOOL CHILD. PROVIDED, HOWEVER, THAT THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA- GRAPH SHALL NOT APPLY TO PRESCHOOL CHILDREN WITH DISABILITIES WHO RECEIVED PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO THOU- SAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR. THE CITY OF NEW YORK SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER. S 12. 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 27 of part A of chapter 57 of the laws of 2013, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section [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, reimbursement] 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, 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, [and] reimbursement for the 2013--2014 school year shall not exceed 62.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and sixty-five cents per contact hour, AND REIMBURSEMENT FOR THE 2014--2015 SCHOOL YEAR SHALL NOT EXCEED 61.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS AND THREE CENTS PER CONTACT HOUR where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwith- standing any other provision of law to the contrary, [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; where- as] 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; whereas for the 2013--2014 school year such contact hours shall not exceed one million six hundred forty-nine thousand seven hundred forty-six (1,649,746) hours; WHEREAS FOR THE 2014--2015 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED TWENTY-NINE (1,432,129) 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 subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium S. 6356--A 16 A. 8556--A for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivi- sion 11 of section 3602 of the education law. S 13. 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 s to read as follows: S. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2014--2015 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 14. 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 29 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2014] 2015. S 15. 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 30 of part A of chapter 57 of the laws of 2013, 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, [2015] 2016. S 16. 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 31 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015 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] TWENTY-FOUR of this act shall be deemed to be repealed on and after July 1, [2014] 2015; S. 6356--A 17 A. 8556--A S 17. Subdivision 8 of section 4401 of the education law, as amended by section 25-a of part A of chapter 57 of the laws of 2013, is amended to read as follows: 8. "School district basic contribution" shall mean an amount equal to the total school district local property and non-property tax levy for the base year divided by the base year public school district enrollment of resident pupils of the school district as defined in paragraph n of subdivision one of section thirty-six hundred two of this chapter, except that for the two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for school districts other than central high school districts and their components, such tax levy for the base year shall be divided by the year prior to the base year pupil count as determined by the commissioner pursuant to paragraph f of subdivision two of section thirty-six hundred two of this chapter for any school district in which such year prior to the base year pupil count exceeds one hundred fifty percent of such base year public school district enrollment of resident pupils. S 18. 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 32 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015 when upon such date the provisions of this act shall be deemed repealed. S 19. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provisions 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 33 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015. S 20. 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 34 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015. S 21. The opening paragraph of subdivision 10 of section 3602-e of the education law, as amended by section 10-a of part A of chapter 57 of the laws of 2012, is amended to read as follows: Notwithstanding any provision of law to the contrary, for aid payable in the two thousand eight--two thousand nine school year, the grant to each eligible school district for universal prekindergarten aid shall be computed pursuant to this subdivision, and for the two thousand nine-- two thousand ten and two thousand ten--two thousand eleven school years, each school district shall be eligible for a maximum grant equal to the amount computed for such school district for the base year in the elec- tronic data file produced by the commissioner in support of the two thousand nine--two thousand ten education, labor and family assistance budget, provided, however, that in the case of a district implementing programs for the first time or implementing expansion programs in the two thousand eight--two thousand nine school year where such programs operate for a minimum of ninety days in any one school year as provided in section 151-1.4 of the regulations of the commissioner, for the two S. 6356--A 18 A. 8556--A thousand nine--two thousand ten and two thousand ten--two thousand elev- en school years, such school district shall be eligible for a maximum grant equal to the amount computed pursuant to paragraph a of subdivi- sion nine of this section in the two thousand eight--two thousand nine school year, and for the two thousand eleven--two thousand twelve school year each school district shall be eligible for a maximum grant equal to the amount set forth for such school district as "UNIVERSAL PREKINDER- GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", and for two thousand twelve--two thousand thirteen [and], two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school years each school district shall be eligible for a maximum grant equal to the greater of (i) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", or (ii) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner on May fifteenth, two thousand eleven pursuant to paragraph b of subdivision twenty-one of section three hundred five of this chapter, and provided further that the maximum grant shall not exceed the total actual grant expenditures incurred by the school district in the current school year as approved by the commissioner. S 22. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2014--2015 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational 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 23. 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, 2015 and not later than the last day of the third full business week of June, 2015, 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, 2015, for salary expenses incurred between April 1 and June 30, 2015 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 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--2012 as determined by the commis- sioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not S. 6356--A 19 A. 8556--A 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 24. 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, 2015, 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, 2015 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 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 S. 6356--A 20 A. 8556--A 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 reminder 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 25. 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 26. 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 2014--2015 school year, as a non-component school district, services required by article 19 of the education law. S 27. The amounts specified in this section shall be a set aside from the state funds which each such district is receiving from the total S. 6356--A 21 A. 8556--A foundation aid: for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs for the 2014--2015 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, twenty-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). Notwithstanding the provisions 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 instructional or instructional support costs associ- ated with implementation of an alternative approach to reduction of racial isolation and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations 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. For the purpose of attendance improvement and dropout prevention for the 2014--2015 school year, for any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2014--2015 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 organizations must be in addition to allocations provided to community-based organizations in the base year. For the S. 6356--A 22 A. 8556--A purpose of teacher support for the 2014--2015 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 section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion 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 distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate 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 28. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2014 enacting the aid to localities budget shall be apportioned for the 2014--2015 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 chapter 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 2014--2015 by a chapter of the laws of 2014 enacting the education, labor and fami- ly 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 29. 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. 6356--A 23 A. 8556--A S 30. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2014, provided, however, that: 1. Sections one, two, three, four, five, seven, nine, twelve, thir- teen, seventeen, twenty-two, twenty-six and twenty-seven of this act shall take effect July 1, 2014. 2. The amendments to subdivision 6 of section 4402 of the education law made by section nine of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith. 3. Section eleven of this act shall take effect April 1, 2014 and shall first apply to the provision of services and programs pursuant to section 4410 of the education law in the 2014-2015 school year, provided that the provisions of subparagraph (iv) of paragraph a of subdivision 10 of section 4410 of the education law, as added by such section of this act, shall expire and be deemed repealed June 30, 2019. 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 twelve and thirteen of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 5. Section sixteen of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after the effec- tive date of section 140 of chapter 82 of the laws of 1995. 6. Section twenty-five of this act shall expire and be deemed repealed June 30, 2015. PART B Section 1. The smart schools bond act of 2014 is enacted to read as follows: SMART SCHOOLS BOND ACT OF 2014 Section 1. Short title. 2. Creation of a state debt. 3. Bonds of the state. 4. Use of moneys received. Section 1. Short title. This act shall be known and may be cited as the "smart schools bond act of 2014". S 2. Creation of a state debt. The creation of a state debt in an amount not exceeding in the aggregate two billion dollars ($2,000,000,000) is hereby authorized to provide moneys for the single purpose of improving learning and opportunity for public school students of the state by funding capital projects to: acquire learning technology equipment or facilities including, but not limited to, interactive whiteboards, computer servers, and desktop, laptop and tablet computers; install high-speed broadband or wireless internet connectivity for schools and communities; and construct, enhance, and modernize educa- tional facilities to accommodate pre-kindergarten programs. The legisla- ture may, by appropriate legislation and subject to such conditions as it may impose, make available out of the proceeds of the sale of bonds authorized in this act, moneys disbursed or to be disbursed for the cost of approved capital projects undertaken by, or on behalf of, school districts for such purposes. S 3. Bonds of the state. The state comptroller is hereby authorized and empowered to issue and sell bonds of the state up to the aggregate S. 6356--A 24 A. 8556--A amount of two billion dollars ($2,000,000,000) for the purposes of this act, subject to the provisions of article five of the state finance law. The aggregate principal amount of such bonds shall not exceed two billion dollars ($2,000,000,000) excluding bonds issued to refund or otherwise repay bonds heretofore issued for such purpose; provided, however, that upon any such refunding or repayment, the total aggregate principal amount of outstanding bonds may be greater than two billion dollars ($2,000,000,000) only if the present value of the aggregate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid. The method for calculating present value shall be determined by law. S 4. Use of moneys received. The moneys received by the state from the sale of bonds sold pursuant to this act shall be expended pursuant to appropriations for capital projects related to design, planning, site acquisition, demolition, construction, reconstruction, rehabilitation, or acquisition and/or installation of equipment for the following types of projects: capital projects related to educational technology equip- ment or facilities including but not limited to interactive whiteboards; computer servers; desktop and laptop computers, and tablets; high-speed broadband or wireless internet connectivity for schools and communities; and capital projects to construct, enhance or modernize educational facilities to accommodate pre-kindergarten programs. S 2. This act shall take effect immediately, provided that the provisions of section one of this act shall not take effect unless and until this act shall have been submitted to the people at the general election to be held in November 2014 and shall have been approved by a majority of all votes cast for and against it at such election. Upon approval by the people, section one of this act shall take effect imme- diately. The ballots to be furnished for the use of voters upon submission of this act shall be in the form prescribed by the election law and the proposition or question to be submitted shall be printed thereon in substantially the following form, namely "The SMART SCHOOLS BOND ACT OF 2014, as set forth in section one of part B of chapter (here insert the chapter number) of the laws of 2014, authorizes the sale of state bonds of up to two billion dollars ($2,000,000,000) to provide access to classroom technology and high-speed internet connectivity to equalize opportunities for children to learn and to add classroom space to expand high-quality pre-kindergarten programs. Shall the SMART SCHOOLS BOND ACT OF 2014 be approved?". PART C Section 1. This act shall be known and may be cited as the "smart schools implementation act of 2014". S 2. Section 3641 of the education law is amended by adding a new subdivision 16 to read as follows: 16. IMPLEMENTATION OF THE SMART SCHOOLS BOND ACT OF 2014. A. DEFI- NITIONS. THE FOLLOWING TERMS, WHENEVER USED OR REFERRED TO IN THIS SUBDIVISION, UNLESS THE CONTEXT INDICATES OTHERWISE, SHALL HAVE THE FOLLOWING MEANINGS: (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE "SMART SCHOOLS BOND ACT OF 2014" IN ACCORDANCE WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW. S. 6356--A 25 A. 8556--A (2) "SMART SCHOOLS REVIEW BOARD" SHALL MEAN A BODY COMPRISED OF THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE DIRECTOR OF THE BUDGET, AND THE COMMISSIONER, OR THEIR RESPECTIVE DESIGNEES. (3) "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED BY A SCHOOL DISTRICT SETTING FORTH THE SMART SCHOOLS PROJECT OR PROJECTS TO BE UNDERTAKEN WITH SUCH DISTRICT'S SMART SCHOOLS ALLOCATION. (4) "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET FORTH AND DEFINED IN SUBPARAGRAPHS FIVE, SIX, OR SEVEN OF THIS PARAGRAPH. (5) "PRE-KINDERGARTEN PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS A PRIMARY PURPOSE, EXPANDS THE AVAILABILITY OF ADEQUATE AND APPROPRIATE INSTRUCTIONAL SPACE FOR PRE-KINDERGARTEN. (6) "COMMUNITY CONNECTIVITY PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS A PRIMARY PURPOSE, EXPANDS HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY IN THE LOCAL COMMUNITY, INCLUDING SCHOOL BUILDINGS AND CAMPUSES, FOR ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE. (7) "CLASSROOM TECHNOLOGY PROJECT" SHALL MEAN A CAPITAL PROJECT TO EXPAND HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY SOLELY FOR SCHOOL BUILDINGS AND CAMPUSES, OR TO ACQUIRE LEARNING TECHNOLOGY HARD- WARE FOR SCHOOLS, CLASSROOMS, AND STUDENT USE, INCLUDING BUT NOT LIMITED TO WHITEBOARDS, COMPUTER SERVERS, DESKTOP COMPUTERS, LAPTOP COMPUTERS, AND TABLET COMPUTERS. (8) "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID", AND "SUPPLEMENTAL PUB EXCESS COST" UNDER THE HEADING "2013-14 BASE YEAR AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND FOURTEEN-FIFTEEN SCHOOL YEAR. (9) "SMART SCHOOLS ALLOCATION" SHALL MEAN, FOR EACH SCHOOL DISTRICT, THE PRODUCT OF (I) TWO BILLION DOLLARS ($2,000,000,000) MULTIPLIED BY (II) THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL AID DIVIDED BY THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS. B. SMART SCHOOLS INVESTMENT PLANS. (1) THE SMART SCHOOLS REVIEW BOARD SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY CRITERIA FOR SMART SCHOOLS INVESTMENT PLANS TO BE SUBMITTED BY SCHOOL DISTRICTS. SUCH GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO: (I) A TIMELINE FOR SCHOOL DISTRICT SUBMISSION OF SMART SCHOOLS INVESTMENT PLANS; (II) ANY REQUIREMENTS FOR THE USE OF AVAILABLE STATE PROCUREMENT OPTIONS WHERE APPLICABLE; AND (III) ANY LIMITATIONS ON THE AMOUNT OF A DISTRICT'S SMART SCHOOLS ALLOCATION THAT MAY BE USED FOR ASSETS WITH A SHORT PROBABLE LIFE. (2) NO SCHOOL DISTRICT SHALL BE ENTITLED TO A SMART SCHOOLS GRANT UNTIL SUCH DISTRICT SHALL HAVE SUBMITTED A SMART SCHOOLS INVESTMENT PLAN TO THE SMART SCHOOLS REVIEW BOARD AND RECEIVED SUCH BOARD'S APPROVAL OF SUCH INVESTMENT PLAN. IN DEVELOPING SUCH INVESTMENT PLAN, SCHOOL DISTRICTS SHALL CONSULT WITH PARENTS, TEACHERS, STUDENTS, COMMUNITY MEMBERS AND OTHER STAKEHOLDERS. (3) THE SMART SCHOOLS REVIEW BOARD SHALL REVIEW ALL SMART SCHOOLS INVESTMENT PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SMART SCHOOLS REVIEW BOARD MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN SUCH PLANS TO THE SCHOOL DISTRICT FOR MODIFICATIONS. UPON APPROVAL, THE SMART SCHOOLS PROJECT OR PROJECTS DESCRIBED IN THE INVESTMENT PLAN SHALL BE ELIGIBLE FOR SMART SCHOOLS GRANTS. A SMART SCHOOLS PROJECT INCLUDED IN A SCHOOL DISTRICT'S S. 6356--A 26 A. 8556--A SMART SCHOOLS INVESTMENT PLAN SHALL NOT REQUIRE SEPARATE APPROVAL OF THE COMMISSIONER UNLESS IT IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED TO BE SUBMITTED FOR APPROVAL OF THE COMMISSIONER PURSUANT TO SECTION FOUR HUNDRED EIGHT OF THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. ANY DEPARTMENT, AGENCY OR PUBLIC AUTHORITY SHALL PROVIDE THE SMART SCHOOLS REVIEW BOARD WITH ANY INFORMA- TION IT REQUIRES TO FULFILL ITS DUTIES PURSUANT TO THIS SUBDIVISION. (4) ANY AMENDMENTS OR SUPPLEMENTS TO A SMART SCHOOL INVESTMENT PLAN MUST BE SUBMITTED TO THE SMART SCHOOLS REVIEW BOARD FOR APPROVAL, AND SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED. C. EXPENDITURE OF MONEY. (1) SMART SCHOOLS GRANTS. EACH SCHOOL DISTRICT WHICH HAS AN APPROVED SMART SCHOOLS INVESTMENT PLAN INCLUDING A SMART SCHOOLS PROJECT OR PROJECTS SHALL BE ENTITLED TO A GRANT OR GRANTS FOR THE SMART SCHOOLS PROJECT OR PROJECTS INCLUDED THEREIN IN AN AMOUNT, WHETHER IN THE AGGREGATE OR OTHERWISE, NOT TO EXCEED THE SMART SCHOOLS ALLOCATION CALCULATED FOR SUCH SCHOOL DISTRICT. THE AMOUNT OF SUCH ALLO- CATION NOT EXPENDED, DISBURSED OR ENCUMBERED FOR ANY SCHOOL YEAR SHALL BE CARRIED OVER FOR EXPENDITURE AND DISBURSEMENT TO THE NEXT SUCCEEDING SCHOOL YEAR. EXPENDITURES FROM THE SMART SCHOOLS ALLOCATION SHALL NOT BE ELIGIBLE FOR AID UNDER ANY OTHER PROVISION OF THIS CHAPTER. (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID TO SCHOOL DISTRICTS SHALL BE CERTIFIED BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION. IF, UPON THE OPTION OF A SCHOOL DISTRICT, A SMART SCHOOLS INVESTMENT PLAN DIRECTS THAT AN AMOUNT BE TRANSFERRED OR SUBAL- LOCATED TO A DEPARTMENT, AGENCY, OR PUBLIC AUTHORITY TO BE SPENT ON BEHALF OF THE SCHOOL DISTRICT, SUCH AMOUNTS SHALL BE TRANSFERRED OR SUBALLOCATED, CONSISTENT WITH SUCH PLAN, UPON THE APPROVAL OF THE DIREC- TOR OF THE BUDGET. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE AVAILABLE SHALL BE PAID BY THE COMPTROLLER IN ACCORDANCE WITH APPROPRIATIONS THEREFOR, PROVIDED, HOWEVER, THAT THE PAYMENT SCHEDULE SET FORTH IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH PAYMENTS. SUCH PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR THE COMMISSIONER TO APPORTION FUNDS PURSUANT TO THIS SUBDIVISION, AND WHENEVER A SCHOOL DISTRICT HAS BEEN APPORTIONED MORE MONEY PURSUANT TO THIS SUBDIVISION THAN THAT TO WHICH IT IS ENTITLED, THE COMMISSIONER MAY DEDUCT SUCH AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL DISTRICT. D. CONSISTENCY WITH FEDERAL TAX LAW. ALL ACTIONS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD- ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS SUBDIVISION, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS. E. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS. S 3. The state finance law is amended by adding a new section 97-oooo to read as follows: S 97-OOOO. SMART SCHOOLS BOND FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA- TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SMART SCHOOLS BOND FUND". 2. THE STATE COMPTROLLER SHALL DEPOSIT INTO THE SMART SCHOOLS BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF THE SMART SCHOOLS BOND ACT OF 2014. S. 6356--A 27 A. 8556--A 3. MONEYS IN THE SMART SCHOOLS BOND FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDITURES MADE FROM APPROPRI- ATIONS FROM THE CAPITAL PROJECTS FUND FOR THE PURPOSE OF THE SMART SCHOOLS BOND FUND, AS SET FORTH IN THE SMART SCHOOLS BOND ACT OF 2014. 4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES SOLD PURSUANT TO THE SMART SCHOOLS BOND ACT OF 2014 SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER. S 4. Section 61 of the state finance law is amended by adding a new subdivision 31 to read as follows: SMART SCHOOLS PROJECTS 31. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING BUT NOT LIMITED TO PRE-KINDERGARTEN PROJECTS, COMMUNITY CONNECTIVITY PROJECTS, AND CLASSROOM TECHNOLOGY PROJECTS, ALL AS DEFINED IN SUBDIVI- SION SIXTEEN OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN, ENACTING AND CONSTITUTING THE SMART SCHOOLS BOND ACT OF 2014. THIRTY YEARS FOR PRE-KINDERGARTEN PROJECTS, TWENTY YEARS FOR COMMUNITY CONNECTIVITY PROJECTS, AND EIGHT YEARS FOR CLASSROOM TECHNOLOGY PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING ANNUAL DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER- AGE PERIOD OF PROBABLE LIFE OF SUCH SMART SCHOOLS PROJECTS, INCLUDING WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHT- ED AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM MULTIPLYING THE DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE LIFE OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR VALUE OF THE ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT. S 5. If any clause, sentence, paragraph, 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 ther- eof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 6. This act shall take effect only in the event that section 1 of part B of a chapter of the laws of 2014, enacting the "smart schools bond act of 2014," is submitted to the people at the general election to be held in November 2014 and is approved by a majority of all votes cast for and against it at such election. Upon such approval, this act shall take effect immediately. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act are authorized and directed to be made and completed on or before such effective date. PART D Section 1. Short title. This act shall be known and may be cited as the "nurse practitioners modernization act". S 2. Subdivision 3 of section 6902 of the education law, as added by chapter 257 of the laws of 1988, is amended to read as follows: S. 6356--A 28 A. 8556--A 3. (a) (I) The practice of registered professional nursing by a nurse practitioner, certified under section six thousand nine hundred ten of this article, may include the diagnosis of illness and physical condi- tions and the performance of therapeutic and corrective measures within a specialty area of practice, in collaboration with a licensed physician qualified to collaborate in the specialty involved, provided such services are performed in accordance with a written practice agreement and written practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF THIS SUBDIVISION. The written practice agreement shall include explicit provisions for the resolution of any disagreement between the collab- orating physician and the nurse practitioner regarding a matter of diag- nosis or treatment that is within the scope of practice of both. To the extent the practice agreement does not so provide, then the collaborat- ing physician's diagnosis or treatment shall prevail. [(b)] (II) IN THE EVENT THAT (A) AN EXISTING WRITTEN PRACTICE AGREE- MENT WITH A COLLABORATING PHYSICIAN TERMINATES AS A RESULT OF: THE COLLABORATING PHYSICIAN MOVING, RETIRING, NO LONGER NEEDING THE SERVICES OF THE NURSE PRACTITIONER, NO LONGER BEING QUALIFIED TO PRACTICE; OR THE WRITTEN PRACTICE AGREEMENT TERMINATING DUE TO NO FAULT ON THE PART OF THE NURSE PRACTITIONER; AND (B) THE NURSE PRACTITIONER DEMONSTRATES THAT HE OR SHE HAS MADE A GOOD FAITH EFFORT TO ENTER INTO A NEW WRITTEN PRAC- TICE AGREEMENT WITH A COLLABORATING PHYSICIAN AND HAS BEEN UNABLE TO DO SO, THEN UPON APPROVAL BY THE DEPARTMENT, SUCH NURSE PRACTITIONER MAY CONTINUE TO PRACTICE PURSUANT TO THIS PARAGRAPH WITHIN A SPECIALTY AREA OF PRACTICE FOR A PERIOD OF UP TO SIX MONTHS, IN COLLABORATION WITH A NURSE PRACTITIONER WHO HAS BEEN CERTIFIED UNDER SECTION SIX THOUSAND NINE HUNDRED TEN OF THIS ARTICLE, WHO HAS BEEN PRACTICING FOR MORE THAN THREE THOUSAND SIX HUNDRED HOURS AND WHO IS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED, PROVIDED THAT SERVICES ARE PERFORMED IN ACCORD- ANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS; SUCH SIX MONTH TIME PERIOD FOR COLLABORATION BETWEEN NURSE PRACTITIONERS MAY BE EXTENDED FOR A PERIOD OF TIME NOT TO EXCEED AN ADDITIONAL SIX MONTHS UPON A SHOWING OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT. (III) Prescriptions for drugs, devices and immunizing agents may be issued by a nurse practitioner, under this [subdivision] PARAGRAPH and section six thousand nine hundred ten of this article, in accordance with the practice agreement and practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF THIS SUBDIVISION. The nurse practitioner shall obtain a certificate from the department upon successfully completing a program including an appropriate pharmacology component, or its equiv- alent, as established by the commissioner's regulations, prior to prescribing under this [subdivision] PARAGRAPH. The certificate issued under section six thousand nine hundred ten of this article shall state whether the nurse practitioner has successfully completed such a program or equivalent and is authorized to prescribe under this [subdivision] PARAGRAPH. [(c)] (IV) Each practice agreement shall provide for patient records review by the collaborating physician OR, WHERE APPLICABLE, THE COLLAB- ORATING NURSE PRACTITIONER, in a timely fashion but in no event less often than every three months. The names of the nurse practitioner and the collaborating physician OR, WHERE APPLICABLE, THE COLLABORATING NURSE PRACTITIONER shall be clearly posted in the practice setting of the nurse practitioner. [(d)] (V) The practice protocol shall reflect current accepted medical and nursing practice, OR FOR COLLABORATIONS WITH ANOTHER NURSE PRACTI- S. 6356--A 29 A. 8556--A TIONER PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE CURRENT ACCEPTED NURSING PRACTICE. The protocols shall be filed with the department within ninety days of the commencement of the practice and may be updated periodically. The commissioner shall make regulations establishing the procedure for the review of protocols and the disposi- tion of any issues arising from such review. [(e)] (VI) No physician OR, WHERE APPLICABLE, NURSE PRACTITIONER, shall enter into practice agreements with more than four nurse practi- tioners who are not located on the same physical premises as the collab- orating physician OR COLLABORATING NURSE PRACTITIONER. [(f)] (B) NOTWITHSTANDING SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, A NURSE PRACTITIONER, CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND SIX HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN LIEU OF COMPLYING WITH THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION RELATING TO COLLABORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH THIS PARAGRAPH SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED PHYSI- CIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A HOSPITAL, LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, THAT PROVIDES SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION. THE NURSE PRACTITIONER SHALL DOCUMENT SUCH COLLABORATIVE RELATIONSHIPS IN A MANNER REQUIRED BY THE DEPARTMENT, WHICH IDENTIFIES THE NAME AND MEDICAL LICENSE NUMBER OF EACH PHYSICIAN OR HOSPITAL, AS APPLICABLE, WITH WHOM THE NURSE PRACTITIONER IS COLLABORATING, AND THE NURSE PRACTITIONER ATTESTS THAT THE PHYSICIAN OR HOSPITAL IS AWARE OF AND HAS AGREED TO MAINTAIN A COLLABORATIVE RELATIONSHIP WITH THE NURSE PRACTITIONER. (C) Nothing in this subdivision shall be deemed to limit or diminish the practice of the profession of nursing as a registered professional nurse under this article or any other law, rule, regulation or certif- ication, nor to deny any registered professional nurse the right to do any act or engage in any practice authorized by this article or any other law, rule, regulation or certification. [(g)] (D) The provisions of this subdivision shall not apply to any activity authorized, pursuant to statute, rule or regulation, to be performed by a registered professional nurse in a hospital as defined in article twenty-eight of the public health law. (E) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA- TION, THE DEPARTMENT SHALL COLLECT AND A NURSE PRACTITIONER SHALL PROVIDE SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING BUT NOT LIMITED TO THE LOCATION AND TYPE OF SETTING WHEREIN THE NURSE PRACTITIONER PRACTICES; IF THE NURSE PRACTITIONER HAS PRACTICED FOR FEWER THAN THREE THOUSAND SIX HUNDRED HOURS AND IS PRAC- TICING PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A PHYSICIAN; IF THE NURSE PRACTITIONER PRACTICES PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A NURSE PRACTITIONER FOR SIX MONTHS AND IF THE WRITTEN PRACTICE AGREEMENT HAS BEEN EXTENDED FOR AN ADDITIONAL SIX MONTHS UPON A SHOWING OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT; IF THE NURSE PRACTITIONER PRACTICES PURSUANT TO COLLABORATIVE RELATIONSHIPS WITH A PHYSICIAN OR HOSPITAL; AND OTHER INFORMATION THE DEPARTMENT, IN CONSUL- TATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. S 3. This act shall take effect on the first of January after it shall have become a law; provided, however, that effective immediately, the S. 6356--A 30 A. 8556--A addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date. PART E Section 1. Section 11 of the education law is amended by adding a new subdivision 9 to read as follows: 9. "PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION" SHALL MEAN MULTIPLE INCIDENTS OF HARASSMENT, BULLYING OR DISCRIMINATION INVOLVING ONE OR MORE KNOWN OR UNKNOWN PERPETRATORS AGAINST A PARTICULAR CLASS OR CLASSES OF PERSONS BASED ON THEIR ACTUAL OR PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX. S 2. Paragraph d of subdivision 1 of section 13 of the education law, as added by chapter 102 of the laws of 2012, is amended to read as follows: d. require the principal, superintendent or the principal's or super- intendent's designee to lead or supervise the thorough investigation of all reports of harassment, bullying and discrimination, and to ensure that such investigation is completed promptly after receipt of any writ- ten reports made under this section. IF THE PRINCIPAL OR SUPERINTENDENT DESIGNATES AN INDIVIDUAL TO LEAD AND SUPERVISE SUCH INVESTIGATION AND THE INVESTIGATION REVEALS VERIFIED HARASSMENT, BULLYING OR DISCRIMI- NATION, THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE SHALL PROMPTLY FORWARD ANY DETERMINATIONS OF VERIFIED HARASSMENT, BULLYING OR DISCRIMI- NATION DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS DETER- MINED BY THE SCHOOL DISTRICT; S 3. Paragraphs e, f, g, h, i, j, k and l of subdivision 1 of section 13 of the education law are relettered paragraphs g, h, i, j, k, l, m and n and two new paragraphs e and f are added to read as follows: E. REQUIRE, AS PART OF THE INVESTIGATION UNDERTAKEN PURSUANT TO PARA- GRAPH D OF THIS SUBDIVISION, THE PRINCIPAL, SUPERINTENDENT OR THE PRIN- CIPAL'S OR SUPERINTENDENT'S DESIGNEE TO ALSO INVESTIGATE AND DETERMINE IF EACH VERIFIED INCIDENT IS PART OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION. IF THE PRINCIPAL OR SUPERINTENDENT DESIGNATES AN INDIVIDUAL TO LEAD AND SUPERVISE SUCH INVESTIGATION, THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE SHALL PROMPTLY FORWARD ANY SUCH DETERMI- NATIONS, WHETHER OR NOT THEY FIND A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS DETERMINED BY THE SCHOOL DISTRICT; SUCH OFFICIAL OR OFFICIALS, IN TURN, SHALL PROMPTLY UNDERTAKE AN INDEPENDENT REVIEW OF EACH DETERMINATION TO DETERMINE IF THE VERIFIED INCIDENT IS PART OF SUCH A PATTERN OF HARASS- MENT, BULLYING OR DISCRIMINATION; F. REQUIRE THE PRINCIPAL OR SUPERINTENDENT TO PROMPTLY REPORT TO THE COMMISSIONER, THE DIVISION OF HUMAN RIGHTS AND THE DIVISION OF STATE POLICE, (I) ANY INVESTIGATION WHERE A DETERMINATION IS MADE BY EITHER THE PRINCIPAL, SUPERINTENDENT OR THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE THAT A VERIFIED INCIDENT OF HARASSMENT, BULLYING OR DISCRIMI- NATION IS PART OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION AND (II) ANY PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION OF WHICH THEY OTHERWISE BECOME AWARE. SCHOOL DISTRICTS SHALL ENSURE THAT THEY HAVE ADEQUATE POLICIES AND PROCEDURES IN PLACE TO ENSURE THAT THESE PATTERNS ARE REPORTED PROMPTLY; S 4. Section 14 of the education law is amended by adding two new subdivisions 6 and 7 to read as follows: S. 6356--A 31 A. 8556--A 6. WHEN THE COMMISSIONER RECEIVES A REPORT FROM A PRINCIPAL OR SUPER- INTENDENT OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, THE COMMISSIONER SHALL DEVELOP, AND THE SCHOOL DISTRICT SHALL IMPLEMENT, INTERVENTION PROTOCOLS REASONABLY CALCULATED TO END THE HARASSMENT, BULLYING OR DISCRIMINATION, ELIMINATE ANY HOSTILE ENVIRONMENT, CREATE A MORE POSITIVE SCHOOL CULTURE AND CLIMATE, PREVENT RECURRENCE OF THE BEHAVIOR, AND ENSURE THE SAFETY OF THE STUDENT OR STUDENTS AGAINST WHOM SUCH HARASSMENT, BULLYING OR DISCRIMINATION WAS DIRECTED. THE DEPARTMENT SHALL EVALUATE THE DISTRICT'S IMPLEMENTATION OF SUCH PROTOCOLS WITHIN SIX MONTHS AFTER SUCH PROTOCOLS ARE RECEIVED BY THE DISTRICT. 7. IF THE COMMISSIONER RECEIVES OR ACQUIRES SUBSTANTIAL EVIDENCE FROM ANY SOURCE THAT A SCHOOL PRINCIPAL OR SUPERINTENDENT HAS FAILED TO FULFILL HIS OR HER DUTIES UNDER THIS ARTICLE OR HAS FAILED TO REPORT A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION AS DEFINED IN SECTION ELEVEN OF THIS ARTICLE, OF WHICH THE PRINCIPAL OR SUPERINTENDENT KNEW OR SHOULD HAVE KNOWN, THE COMMISSIONER SHALL INITIATE A REMOVAL PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED SIX OF THIS TITLE. FOR THE PURPOSES OF THIS SUBDIVISION ONLY, A PRINCIPAL SHALL BE DEEMED A SCHOOL OFFICER. S 5. Section 297 of the executive law is amended by adding a new subdivision 11 to read as follows: 11. THE DIVISION SHALL PROMPTLY REPORT TO THE COMMISSIONER OF EDUCA- TION INFORMATION REGARDING ANY COMPLAINTS OF DISCRIMINATION AGAINST STUDENTS IN A PUBLIC SCHOOL, BROUGHT PURSUANT TO SUBDIVISION FOUR OF SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WHERE A DETERMINATION OF PROBABLE CAUSE HAS BEEN ISSUED BY THE DIVISION. SUCH INFORMATION MAY BE USED BY THE COMMISSIONER OF EDUCATION TO DETERMINE WHETHER A SCHOOL PRINCIPAL OR SUPERINTENDENT HAS FAILED TO REPORT A PATTERN OF HARASS- MENT, BULLYING OR DISCRIMINATION IN VIOLATION OF ARTICLE TWO OF THE EDUCATION LAW. S 6. This act shall take effect on the ninetieth day after it shall have become a law, provided that authority of the commissioner of educa- tion and the division of human rights to promulgate any regulations necessary to implement this act shall take effect immediately. PART F Section 1. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "EDUCATIONAL INSTITUTION", WHEN USED IN THIS ARTICLE, SHALL MEAN: (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY. S 2. Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 4. It shall be an unlawful discriminatory practice for an [education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law] EDUCATIONAL INSTITUTION to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, sexual orientation, military status, sex, age or marital status, except that any such insti- S. 6356--A 32 A. 8556--A tution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. S 3. This act shall take effect immediately. PART G Section 1. The education law is amended by adding a new section 669-e to read as follows: S 669-E. NEW YORK STATE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMAT- ICS INCENTIVE PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN AN APPROVED UNDERGRADUATE PROGRAM LEADING TO A CAREER IN SCIENCE, TECH- NOLOGY, ENGINEERING OR MATHEMATICS AT A NEW YORK STATE PUBLIC INSTITU- TION OF HIGHER EDUCATION SHALL BE ELIGIBLE FOR AN AWARD UNDER THIS SECTION, PROVIDED THE APPLICANT: (A) GRADUATES FROM A HIGH SCHOOL LOCATED IN NEW YORK STATE DURING OR AFTER THE TWO THOUSAND THIRTEEN--FOURTEEN SCHOOL YEAR; AND (B) GRADUATES WITHIN THE TOP TEN PERCENT OF HIS OR HER HIGH SCHOOL CLASS; AND (C) ENROLLS IN FULL-TIME STUDY EACH ACADEMIC YEAR BEGINNING IN THE FALL TERM AFTER HIS OR HER HIGH SCHOOL GRADUATION IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS, AS DEFINED BY THE CORPORATION, AT A NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION; AND (D) SIGNS A CONTRACT WITH THE CORPORATION AGREEING THAT HIS OR HER AWARD WILL BE CONVERTED TO A STUDENT LOAN IN THE EVENT THE STUDENT FAILS TO COMPLY WITH THE TERMS OF THIS PROGRAM AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND ALL REQUIREMENTS PROMULGATED BY THE CORPORATION FOR THE ADMINISTRATION OF THE PROGRAM. 2. AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND THEREAFTER TO APPLI- CANTS THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK STATE CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES EDUCA- TIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE, SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND- ANCE; AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPIENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION. 3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS, EXCLUDING ANY ALLOWABLE INTERRUPTION OF STUDY. 4. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) A RECIPIENT FAILS TO COMPLETE AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, S. 6356--A 33 A. 8556--A ENGINEERING OR MATHEMATICS OR CHANGES MAJORS TO A PROGRAM OF UNDERGRADU- ATE STUDY OTHER THAN IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS; OR (B) UPON COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM A RECIPIENT FAILS TO EITHER (I) COMPLETE FIVE YEARS OF EMPLOYMENT IN THE SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS FIELD WITH A PUBLIC OR PRIVATE ENTITY LOCATED WITHIN NEW YORK STATE, OR (II) MAINTAIN RESIDENCY IN NEW YORK STATE FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A RECIPIENT FAILS TO RESPOND TO REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR PROFESSIONAL PROGRESS. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS AND CONTINUE THEIR EDUCATION ON AT LEAST A HALF-TIME BASIS IN A GRADUATE OR HIGHER DEGREE PROGRAM OR OTHER PROFESSIONAL LICENSURE DEGREE PROGRAM UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR EMPLOY- MENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPORATION. THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR A GRACE PERIOD, TO BE ESTABLISHED BY THE CORPORATION, FOLLOWING THE COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. 5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO, THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. 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 C of chapter 57 of the laws of 2013, 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, [2014] 2017, 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 capital matching grant program S. 6356--A 34 A. 8556--A for independent colleges, as amended by section 2 of part C of chapter 57 of the laws of 2013, is amended to read as follows: (h) In the event that any colleges do not apply for higher education capital matching grants by March 31, 2009, or in the event they apply for and are awarded, but do not use the full amount of such grants, the unused funds associated with such grants shall thereafter be awarded to colleges on a competitive basis, according to the priorities set forth below. Notwithstanding subdivision five of this section, any college shall be eligible to apply for such unused funds in response to a request for proposals for a higher education capital matching grant pursuant to this paragraph. 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 accreditation 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. The dormitory authority shall develop a request for proposals and application process, in consultation with the board, for higher education capital matching grants awarded pursuant to this paragraph, and shall develop criteria, subject to review by the board, for the awarding of such grants. Such criteria shall include, but not be limited to 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, [2013] 2014, and the board shall act on each application for such matching grants by November 1, [2013] 2014. 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 capi- tal matching grant program for independent colleges, as amended by section 3 of part C of chapter 57 of the laws of 2013, 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, [2015,] 2017, 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 capital grant program for independent colleges, as amended by section 4 of part C of chapter 57 of the laws of 2013, 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, [2014] 2018, on the use of funding received and its programmatic and economic impact. The dormitory authority shall submit a report no later than S. 6356--A 35 A. 8556--A November 1, [2014] 2018 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 matching capital 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, 2014. PART I 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 E of chapter 57 of the laws of 2013, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$137.00] $139.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$158.00] $160.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$187.00] $190.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (d) for the period commencing January first, two thousand [fourteen] FIFTEEN, 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 [fourteen] FIFTEEN, but prior to June thirtieth, two thousand [fourteen] FIFTEEN, 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 E of chapter 57 of the laws of 2013, are amended to read as follows: (a) On and after January first, two thousand [thirteen] FOURTEEN, for an eligible individual living alone, [$797.00] $808.00; and for an eligible couple living alone, [$1170.00] $1186.00. (b) On and after January first, two thousand [thirteen] FOURTEEN, for an eligible individual living with others with or without in-kind income, [$733.00] $744.00; and for an eligible couple living with others with or without in-kind income, [$1112.00] $1128.00. (c) On and after January first, two thousand [thirteen] FOURTEEN, (i) for an eligible individual receiving family care, [$976.48] $987.48 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, [$938.48] $949.48; 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. S. 6356--A 36 A. 8556--A (d) On and after January first, two thousand [thirteen] FOURTEEN, (i) for an eligible individual receiving residential care, [$1145.00] $1156.00 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 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, [$1115.00] $1126.00; 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 [thirteen] FOURTEEN, for an eligible individual receiving enhanced residential care, [$1404.00] $1415.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this paragraph. (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 [fourteen] FIFTEEN but prior to June thirtieth, two thousand [fourteen] FIFTEEN. S 3. This act shall take effect December 31, 2014. PART J Section 1. The opening paragraph of section 21-a of the social services law, as added by section 144-a of part B of chapter 436 of the laws of 1997, is amended to read as follows: Any electronic benefit transfer system shall be implemented by the department on a statewide basis and shall be administered pursuant to the provisions of this section. FOR PURPOSES OF SUCH ELECTRONIC BENEFIT TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE OF A CREDIT OR DEBIT CARD SERVICE, AUTOMATED TELLER MACHINE, POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE. S 2. The social services law is amended by adding a new section 145-d to read as follows: S 145-D. SANCTIONS AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE FOR ANY RECIPIENT THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC- TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT IS LICENSED TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY ESTABLISHMENT THAT IS LICENSED TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; (III) ANY CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS TITLE; OR (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTER- TAINMENT. FOR PURPOSES OF THIS SECTION, "GAMING ESTABLISHMENT" SHALL MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL- CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE BACKSTRETCH. S. 6356--A 37 A. 8556--A 2. ANY PERSON WHO, INDIVIDUALLY OR AS A MEMBER OF A FAMILY, IS FOUND BY A FEDERAL, STATE, LOCAL, CRIMINAL, CIVIL OR OTHER COURT OR PURSUANT TO AN ADMINISTRATIVE HEARING HELD IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT, ON THE BASIS OF A PLEA OF GUILTY OR NOLO CONTENDERE OR OTHERWISE, TO HAVE ACCESSED PUBLIC ASSISTANCE BY MEANS OF AN ELECTRONIC BENEFIT TRANSFER IN AN UNAUTHORIZED LOCATION AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION, SHALL NOT HAVE HIS OR HER NEEDS TAKEN INTO ACCOUNT IN DETERMINING HIS OR HER NEED OR THAT OF HIS OR HER FAMILY PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE: (I) FOR A PERIOD OF ONE MONTH FOR THE FIRST OFFENSE; (II) FOR A PERIOD OF TWO MONTHS FOR THE SECOND OFFENSE; (III) FOR A PERIOD OF THREE MONTHS FOR THE THIRD OFFENSE; AND (IV) FOR A PERIOD OF SIX MONTHS FOR ANY SUBSEQUENT OFFENSE. THESE SANCTIONS SHALL BE IN ADDITION TO AND NOT IN SUBSTITUTION OF ANY OTHER SANCTIONS OR PENALTIES THAT MAY BE PROVIDED FOR BY LAW WITH RESPECT TO THE UNAUTHORIZED USE INVOLVED, EXCEPT THAT THE SOCIAL SERVICES OFFICIAL OR COURT OFFICIAL ASSESSING SANCTIONS OR PENALTIES AGAINST A RECIPIENT FOR AN UNAUTHORIZED USE AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY CONSIDER WHETHER TO IMPOSE SUCH OTHER SANCTIONS OR PENALTIES BASED UPON THE EXISTENCE OF THE SANCTIONS DESCRIBED IN THIS SUBDIVISION. S 3. Section 151 of the social services law, as added by chapter 570 of the laws of 1951, is amended to read as follows: S 151. [Penalty] PENALTIES for cashing public assistance checks OR ACCEPTING ELECTRONIC BENEFIT TRANSFERS FROM PUBLIC ASSISTANCE RECIPIENTS. [No] 1. UNAUTHORIZED TRANSACTIONS. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO person, firm, ESTABLISH- MENT, ENTITY, or corporation (A) licensed under the [provision] PROVISIONS of the alcoholic beverage control law to sell liquor AND/OR WINE at retail FOR OFF-PREMISES CONSUMPTION; (B) LICENSED TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; (C) LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING ACTIVITY UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; (D) LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF THE GENERAL MUNICIPAL LAW; (E) LICENSED TO PARTICIPATE IN THE OPERATION OF A VIDEO LOTTERY FACILITY UNDER SECTION ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW; (F) LICENSED TO OPERATE A GAMING FACILITY UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MU- TUEL WAGERING AND BREEDING LAW; OR (G) PROVIDING ADULT-ORIENTED ENTER- TAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, shall cash or accept[, for any purpose whatsoever,] FOR UNAUTHORIZED TRANSACTIONS AS SET FORTH IN SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-FIVE-D OF THIS ARTICLE, any public assistance check OR ELECTRONIC BENEFIT TRANSFER DEVICE issued by a public welfare official or department, OR AGENT THER- EOF, as and for public assistance. 2. AUTHORIZED TRANSACTIONS. (A) A GROCERY STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS AND THAT ALSO OFFERS, OR IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS, A CASINO, GAMBLING CASINO, OR GAMING ESTAB- LISHMENT; AND ANY AREA OF A PARI-MUTUEL RACE TRACK THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE BACKSTRETCH, MAY ACCEPT ANY PUBLIC ASSIST- ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER ISSUED BY A PUBLIC WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. FOR PURPOSES OF THIS PARA- GRAPH, "GAMING ESTABLISHMENT" SHALL MEAN ANY VIDEO LOTTERY FACILITY, S. 6356--A 38 A. 8556--A OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK. (B) ANY ESTABLISHMENT THAT OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS AT SUCH LOCATION MAY ACCEPT ANY PUBLIC ASSIST- ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER DEVICE ISSUED BY A PUBLIC WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. 3. PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE of this section [for the first offense shall be punishable by a fine not to exceed fifty dollars. A second offense] TAKING PLACE AT THE LICENSED PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF- PREMISES CONSUMPTION; (II) TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; OR (III) TO SELL LIQUOR, WINE AND/OR BEER FOR ON-PREMISES CONSUMPTION AT AN ESTABLISHMENT WHERE ENTERTAINERS APPEAR UNCLOTHED AS PERMITTED BY THE RULES OF THE STATE LIQUOR AUTHORITY, shall constitute [sufficient] cause, FOR THE PURPOSES OF SECTION ONE HUNDRED EIGHTEEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW, for the revocation, cancellation or suspension of such license [issued pursuant to the alcoholic beverage control law]. (B) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL- ITY UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE THOU- SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA- TION OF A VIDEO LOTTERY FACILITY; LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR- TEEN-H OF THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH PERSON, CORPO- RATION OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE HUNDRED FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND SECTION ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH MAY INCLUDE REVOCA- TION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION. (C) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION BY ANY PERSON, FIRM, ESTABLISHMENT, ENTITY OR CORPORATION PROVIDING ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTER- TAINMENT, SHALL BE A VIOLATION, AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE A VIOLATION SUBJECT TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, AND A THIRD OR SUBSEQUENT SUCH VIOLATION SHALL BE CLASS B MISDEMEANOR SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS. S 4. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, the New York state office of temporary and disability assistance, the New York state liquor authori- ty, and the New York state gaming commission shall be authorized to promulgate regulations on an emergency basis and immediately take such other actions as necessary to implement the provisions of this act. PART K Section 1. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural rental assistance program, a sum not to exceed twenty million four hundred thousand dollars for the fiscal year ending March 31, 2015. S. 6356--A 39 A. 8556--A Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed twenty million four hundred thousand dollars as soon as practicable but no later than June 30, 2014. Notwithstanding any other provision of law, all current and existing rural rental assistance program contracts may be assigned to the corporation to administer as soon as practicable. Notwithstanding any other provision of law, such funds may be used by the corporation in support of contracts scheduled to expire in 2014-15 for as many as 10 additional years; in support of contracts for new eligible projects for a period not to exceed 5 years; and in support of contracts which reach their 25 year maximum in and/or prior to 2014-15 for an additional one year period. S 2. Notwithstanding any other provision of law, the housing finance agency may provide, for costs associated with the rehabilitation of Mitchell Lama housing projects, a sum not to exceed thirty-two million dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing finance agency, for the purposes of reimbursing any costs asso- ciated with Mitchell Lama housing projects authorized by this section, a total sum not to exceed thirty-two million dollars as soon as practica- ble but no later than March 31, 2015. S 3. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the neighborhood preservation program, a sum not to exceed eight million four hundred seventy-nine thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed eight million four hundred seventy-nine thou- sand dollars as soon as practicable but no later than June 30, 2014. S 4. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural preservation program, a sum not to exceed three million five hundred thirty-nine thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that S. 6356--A 40 A. 8556--A the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed three million five hundred thirty-nine thousand dollars as soon as practicable but no later than June 30, 2014. S 5. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural and urban community investment fund program created pursuant to article XXVII of the private housing finance law, a sum not to exceed six million seven hundred fifty thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corpo- ration (the corporation), for the purposes of reimbursing any costs associated with rural and urban community investment fund program contracts authorized by this section, a total sum not to exceed six million seven hundred fifty thousand dollars as soon as practicable but not later than March 31, 2015. S 6. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law, a sum not to exceed two million five hundred thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mort- gage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corpo- ration (the corporation), for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed two million five hundred thousand dollars as soon as practicable but no later than March 31, 2015. S 7. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the homes for working families program for deposit in the housing trust fund created pursuant to section 59-a of the private housing finance law and subject to the provisions of article XVIII of the private housing finance law, a sum not to exceed one million seven hundred fifty thou- sand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created S. 6356--A 41 A. 8556--A pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of direc- tors of the state of New York mortgage agency shall authorize the trans- fer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with homes for working families program contracts authorized by this section, a total sum not to exceed one million seven hundred fifty thousand dollars as soon as practicable but no later than March 31, 2015. S 8. This act shall take effect immediately. PART L Section 1. This act enacts into law major components of legislation which are necessary to continue transforming New York's juvenile justice system. Each component is wholly contained within a Subpart identified as Subparts A through B. The effective date for each particular 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 three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law, as added by section 1 of part K of chapter 57 of the laws of 2012, is amended 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 special education programs AND ANY OTHER PROGRAMS and related services provided by the board of cooper- ative 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 educational 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 section 2 of part K of chapter 57 of the laws of 2012, is amended to read as follows: 6-a. Notwithstanding subdivision six of this section or any other law to the contrary, the commissioner of the office of children and family services shall be responsible for the secular education of youth under the jurisdiction of the 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 such youth is located or with the board of cooperative educational services at which any such school district is a component district [for special education programs and related services]. A youth attending a local public school while in residence at such facility shall be deemed a resident of the school S. 6356--A 42 A. 8556--A 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; provided that the amend- ments to subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law made by section one of this act shall not affect the expiration and repeal of such subparagraph and shall expire and be deemed repealed therewith pursuant to section 4 of part K of chapter 57 of the laws of 2012, and provided further, that the amendments to subdi- vision 6-a of section 3202 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdi- vision pursuant to section 4 of part K of chapter 57 of the laws of 2012. SUBPART B Section 1. Paragraph (a) of subdivision 7 of section 404 of the social services law, as added by section 1 of subpart A of part G of chapter 57 of the laws of 2012, is amended to read as follows: (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 the first of any such approved plan for a district to implement services for each setting level, but in no event later than [September first, two thousand fourteen] APRIL THIRTIETH, TWO THOUSAND FIFTEEN: (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 solely 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 residential 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 juvenile delinquents placed in the applicable setting level. Such commissioner 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. In assessing which of such facilities to close, or at which to implement any significant service reductions, public employee staffing reductions and/or transfer of oper- ations to a private or not-for-profit entity, the commissioner shall consider the following factors: (1) ability to provide a safe, humane and therapeutic environment for placed youth; (2) ability to meet the S. 6356--A 43 A. 8556--A educational, mental health, substance abuse and behavioral health treat- ment needs of placed youth; (3) community networks and partnerships that promote the social, mental, economic and behavioral development of placed youth; (4) future capacity requirements for the effective opera- tion of youth facilities; (5) the physical characteristics, conditions and costs of operation of the facility; and (6) the location of the facility in regards to costs and ease of transportation of placed youth and their families. S 2. This act shall take effect immediately; provided that the amend- ments to paragraph (a) of subdivision 7 of section 404 of the social services law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith pursuant to section 11 of subpart A of part G of chapter 57 of the laws of 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 Subparts A and B of this act shall be as specifically set forth in the last section of such Subparts. 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 L of this act shall be as specifically set forth in the last section of such Parts.
2013-A8556B - Details
2013-A8556B - Summary
Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance
2013-A8556B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6356--B A. 8556--B S E N A T E - A S S E M B L Y January 21, 2014 ___________ 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 to amend the education law, in relation to contracts for excel- lence, calculation of the gap elimination restoration amount, appor- tionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m., to establish a teacher excel- lence fund, duties and waivers of school districts with children with handicapping conditions, to authorize the commissioner of education to establish regional tuition rates for approved special education itin- erant services, to authorize reimbursement for approved special educa- tion itinerant services based on actual attendance, to authorize New York city to establish local tuition rates for approved special educa- tion itinerant services; 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 oper- ations, 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 the education law, in relation to the definition of "school district basic contribution"; to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-03-4 S. 6356--B 2 A. 8556--B charter school or BOCES employees; to amend chapter 425 of the laws of 2002 amending the education law relating to the provision of supple- mental 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, in relation to extending the expiration of certain provisions of such chapters; to provide special apportionment for school bus driver training; to provide special apportionment for sala- ry expenses; to provide special apportionment for public pension accruals; to provide special apportionment for salary expenses; in relation to suballocation of certain education department accruals; in relation to the support of public libraries; and providing for the repeal of certain provisions upon expiration thereof (Part A); author- izing the creation of a state debt in the amount of two billion dollars, in relation to creating the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning tech- nology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); to amend the education law and the state finance law, in relation to the implemen- tation of the smart schools bond act of 2014 (Part C); to amend the education law, in relation to the nurse practitioners modernization act (Part D); to amend the education law and the executive law, in relation to harassment, bullying and discrimination in schools (Part E); to amend the executive law, in relation to unlawful discriminatory practices by educational institutions (Part F); to amend the education law, in relation to creating the science, technology, engineering and mathematics incentive program (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 New York state higher educa- tion matching grant program for independent colleges and the effec- tiveness thereof (Part H); 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 I); to amend the social services law, in relation to public assistance restrictions (Part J); to utilize reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); to amend the education law, in relation to educational programs in juve- nile justice programs operated by the office of children and family services (Subpart A); and to amend the social services law, in relation to a deadline for the close to home initiative (Subpart B) (Part L); and to amend the social services law, in relation to provid- ing a rent cap for people living with HIV/AIDS in social services districts with a population over five million (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 2014-2015 S. 6356--B 3 A. 8556--B 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. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 2 of part A of chapter 57 of the laws of 2013, 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 and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen 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 twelve--two thousand thirteen school year AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF S. 6356--B 4 A. 8556--B SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS- SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN 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 elimi- nation 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 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 adjustment computed pursuant to 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 2. Paragraph (f) of subdivision 17 of section 3602 of the education law, as added by section 12 of part A of chapter 57 of the laws of 2013, is amended and a new paragraph (g) is added to read as follows: (f) The gap elimination adjustment restoration amount for the two thousand fourteen--two thousand fifteen 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.] FOR A SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS- SIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND SHALL EQUAL THE GREATER OF: (I) THE PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-TWO PERCENT (0.22) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS (B) THE POSITIVE DIFFERENCE OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMI- NATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (III) THE SUM OF (A) THE GREATER OF: (A) THE PRODUCT OF (1) THE PRODUCT OF TWO HUNDRED AND SEVENTY-TWO DOLLARS ($272.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING MULTIPLIED BY (2) THE PRODUCT OF THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT TO SUBDIVISION FOUR OF THIS SECTION MULTIPLIED BY (4) THE BASE YEAR S. 6356--B 5 A. 8556--B PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR; (B) THE PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND FIFTY CENTS ($363.50) MULTIPLIED BY (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS THE PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MULTI- PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR (C) THE PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND- ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF THE TAX EFFORT RATIO AS DEFINED IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE HUNDRED SEVENTY-SIX THOUSANDTHS PERCENT (0.03176) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS THE ALTERNATE PUPIL WEALTH RATIO COMPUTED PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI- MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH- OUT ROUNDING MULTIPLIED BY (3) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (B) THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA- GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR TO THE BASE YEAR, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (B) ONE THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS ($1,815) MULTIPLIED BY (C) THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION; (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION ADJUSTMENT RESTORA- TION FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR SHALL NOT EXCEED THE PRODUCT OF FORTY-FIVE PERCENT (0.45) AND THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT. (G) THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 3. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is 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 S. 6356--B 6 A. 8556--B 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 THIRTEEN- -TWO THOUSAND FOURTEEN school year [and thereafter], the commissioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, 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 FOURTEEN--TWO THOUSAND FIFTEEN 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 FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED S. 6356--B 7 A. 8556--B FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIR- TY-SIX HUNDRED TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. 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 interests of the district pursuant to guidelines developed by the commissioner and approved by the director of the budget. S 4. The opening paragraph of section 3609-a of the education law, as amended by section 14 of part A of chapter 57 of the laws of 2013, 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 THIRTEEN--TWO THOUSAND FOURTEEN 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 thirteen--two thousand fourteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA131-4". FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND S. 6356--B 8 A. 8556--B FIFTEEN 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 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 5. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 15 of part A of chapter 57 of the laws of 2013, 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 thirteen--two thousand fourteen] TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN. S 6. The education law is amended by adding a new section 3613 to read as follows: S 3613. SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES. 1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE PURSUANT TO S. 6356--B 9 A. 8556--B SECTIONS FIFTEEN HUNDRED ELEVEN THROUGH FIFTEEN HUNDRED THIRTEEN, FIFTEEN HUNDRED TWENTY-FOUR, FIFTEEN HUNDRED TWENTY-SIX, SEVENTEEN HUNDRED FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE, THE REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE AREAS SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN- IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE BOARDS OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS PARTICIPAT- ING IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT DEFERRED FOR A ONE-YEAR PERIOD AND/OR PHASED-IN OVER A PERIOD AS MAY BE DETER- MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS IN THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH SHALL NOT EXCEED A TEN-YEAR PERIOD. TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA- TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING A PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS PRIOR TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE HELD, TO DEFER AND/OR PHASE-IN THE IMPACT AS PROVIDED HEREIN. IF THE BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES NOT APPROVE SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN PERIOD, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY. 2. DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH PORTION OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (C) DIVIDE THE PRODUCT SO DETERMINED BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE FIRST SCHOOL YEAR OF THE REORGANIZED SCHOOL DISTRICT. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THAT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. 3. DURING EACH YEAR OF A PHASE-IN PERIOD, WHOSE DURATION UP TO TEN YEARS SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF THE CONSTITUENT SCHOOL DISTRICTS, THE TAX RATE FOR EACH PORTION OF THE REORGANIZED SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE RESULT IS THE BASE FULL VALUE TAX RATE OF THE PORTION. (C) DETERMINE THE ASSESSED VALUE TAX RATE THAT WOULD HAVE APPLIED IN THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION. (D) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE THAT WOULD HAVE APPLIED FOR THE CURRENT SCHOOL YEAR BUT FOR THE S. 6356--B 10 A. 8556--B PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE FOR THE PORTION. (E) DETERMINE THE DIFFERENCE BETWEEN THE TARGET FULL VALUE TAX RATE AND THE BASE FULL VALUE TAX RATE FOR THE PORTION. (F) DIVIDE THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER OF YEARS IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT. (G) MULTIPLY THE QUOTIENT SO DETERMINED BY THE NUMBER OF YEARS FROM THE BEGINNING OF THE PHASE-IN PERIOD UP TO AND INCLUDING THE YEAR FOR WHICH THE TAX RATE IS BEING DETERMINED. (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE. (I) DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION RATE. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THE CURRENT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. 4. AS USED HEREIN THE TERM "PORTION" MEANS THAT PART OF AN ASSESSING UNIT LOCATED WITHIN A SCHOOL DISTRICT. S 7. Section 3627 of the education law, as added by section 23 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 3627. Transportation after 4pm. 1. Notwithstanding any other provisions of this section to the contrary, for the two thousand thir- teen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, a city school district located in a city having a population of one million or more providing transportation pursuant to this chapter shall be responsible for: (a) providing transportation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half-past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two or (b) reimbursing the cost incurred by licensed transportation carriers pursuant to contracts with such school district for providing transpor- tation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half- past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two. 2. Nothing herein shall prohibit the school district from reimbursing for costs incurred for contracts between the school district and any entity providing or contracting for such transportation service. 3. A district shall not be deemed to have satisfied its obligation under this section by providing public service transportation. 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN- S. 6356--B 11 A. 8556--B -TWO THOUSAND FIFTEEN school [year] YEARS and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty-six hundred two of this article shall be considered approved transportation expenses eligible for transportation aid, provided further that such aid shall be limited to five million six hundred thousand dollars. And provided further that such expenditures eligible for aid under this section shall supplement not supplant local expenditures for such trans- portation in the two thousand twelve--two thousand thirteen school year. 5. Notwithstanding any other provision of this section to the contra- ry, in no event shall such city school district, in order to comply with the requirements of this section, be required to incur any costs in excess of the amount eligible for transportation aid pursuant to subdi- vision four of this section. In the event such amount is insufficient, the city school district of New York shall provide transportation services within such amount on an equitable basis, until such apportion- ment is exhausted. 6. The chancellor of such school district, in consultation with the commissioner, shall prescribe the most cost effective system for imple- menting the requirements of this section, taking into consideration: (a) the costs associated with paragraphs (a) and (b) of subdivision one of this section, and (b) policies that attempt to maximize student safety for the student to be transported, which for purposes of this section shall include whether the pick up or drop off site of the transportation is: (i) not further than 600 feet from the student's residence; and/or (ii) at the same locations for any family that have children at the same residence who attend two or more different schools. 7. (a) In the event the chancellor has not satisfied a district's obligation under this section, a parent or guardian or any represen- tative authorized by such parent or guardian of a child eligible to receive transportation under this section may request the commissioner to arrange for the provision of the transportation to so satisfy the requirements of this section. (b) If within sixty days of receiving a request from such a parent or guardian or any representative authorized by such parent or guardian, the commissioner determines that the chancellor has not satisfied a district's obligation under this section, then the commissioner shall immediately direct the chancellor to contract with a licensed transpor- tation carrier to provide the transportation required pursuant to this section. (c) In the event the chancellor is directed by the commissioner to contract with a licensed transportation carrier to provide the transpor- tation required pursuant to this section, the chancellor shall provide the commissioner with a copy of such proposed contract, before it becomes effective, and the commissioner shall have the power to approve, disapprove or require amendments to such contract before it shall become effective. (d) A district, determined by the commissioner to not be in compliance with the requirements of this section, shall be responsible for the cost of any transportation contract awarded by the chancellor. 8. The parent or guardian, or any representative authorized by such parent or guardian, may submit a written request for transportation under this section, in the same manner and upon the same dates as are required for a request for transportation pursuant to subdivision two of section thirty-six hundred thirty-five of this article. S. 6356--B 12 A. 8556--B S 8. Section 3641 of the education law is amended by adding a new subdivision 6-c to read as follows: 6-C. TEACHER EXCELLENCE FUND. A. WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A REQUEST FOR PROPOSALS DEVELOPED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE COMMISSION- ER SHALL AWARD TEACHER EXCELLENCE FUND GRANTS PURSUANT TO THIS SUBDIVI- SION TO ELIGIBLE SCHOOL DISTRICTS, BEGINNING IN THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, TO PROVIDE TEACHER EXCELLENCE FUND PERFORMANCE AWARDS TO HIGHLY EFFECTIVE TEACHERS. (1) TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL BE ALLOCATED IN AN ANNUAL AMOUNT OF UP TO TWENTY THOUSAND DOLLARS TO ELIGIBLE TEACHERS RATED AS "HIGHLY EFFECTIVE" BASED ON THE MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER. (2) ON AN ANNUAL BASIS, ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLI- CATION TO THE COMMISSIONER, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, TO REQUEST FUNDING PURSUANT TO THIS SUBDIVISION. (3) THE COMMISSIONER SHALL MAKE AVAILABLE SUCH APPLICATION ON OR BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL YEAR AND THE COMMISSIONER SHALL ISSUE PRELIMINARY TEACHER EXCELLENCE FUND GRANT AWARDS ON OR BEFORE OCTOBER FIFTEENTH OF THE SCHOOL YEAR IN WHICH THE ELIGIBLE TEACH- ER SHALL RECEIVE A TEACHER EXCELLENCE FUND PERFORMANCE AWARD. (4) APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE INFORMATION REQUIRED BY THE COMMISSIONER INCLUDING, BUT NOT LIMITED TO, THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PLAN IS INTENDED TO RECOGNIZE AND REWARD HIGHLY-EFFECTIVE TEACHERS: (I) IN SCHOOL BUILDINGS WITH THE GREATEST ACADEMIC NEED; (II) IN DIFFICULT-TO-STAFF SUBJECT OR CERTIF- ICATION AREAS AND/OR GRADE LEVELS; AND (III) AT CRITICAL POINTS IN A TEACHER'S CAREER IN ORDER TO ENCOURAGE HIGHLY EFFECTIVE TEACHERS TO REMAIN IN THE CLASSROOM. (5) THE COMMISSIONER SHALL PRIORITIZE APPLICATIONS SUBMITTED BY ELIGI- BLE SCHOOL DISTRICTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE FACTORS DESCRIBED IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH AND THE QUALITY OF THE PROPOSAL. (6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE TEACHER EXCELLENCE FUND PERFORMANCE AWARDS PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION TO, AND SHALL NOT BE CONSIDERED PART OF, A TEACH- ER'S BASIC ANNUAL SALARY, AND SHALL NOT BE INCLUDED AS COMPENSATION FOR RETIREMENT PURPOSES. TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL SUPPLEMENT AND SHALL NOT SUPPLANT COMPENSATION FROM SOURCES EXCLUSIVE OF THIS SUBDIVISION AGREED TO AS PART OF A COLLECTIVE BARGAINING AGREEMENT. B. FOR THE PURPOSE OF THIS SUBDIVISION: (1) THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOL, CITY, OR SPECIAL ACT SCHOOL DISTRICT THAT HAS ENTERED INTO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE- SENTATIVES OF CERTIFIED TEACHERS CONSISTENT WITH THE PROVISIONS OF THE APPLICATION SUBMITTED BY THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. (2) THE TERM "ELIGIBLE TEACHER" SHALL MEAN A TEACHER WHO (I) HOLDS AN INITIAL, PROVISIONAL, TRANSITIONAL, PERMANENT OR PROFESSIONAL STATE TEACHING CERTIFICATE APPROPRIATE TO THE TEACHING POSITIONS, INCLUDING THE SUBJECT AREA IF APPLICABLE, IN WHICH HE OR SHE IS EMPLOYED; (II) IS A CLASSROOM TEACHER SUBJECT TO THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER; AND (III) IS RATED "HIGHLY EFFECTIVE" BASED ON HIS OR HER MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIRE- S. 6356--B 13 A. 8556--B MENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER. S 9. Subdivision 6 of section 4402 of the education law, as amended by section 21 of part A of chapter 57 of the laws of 2013, 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 [fourteen] FIFTEEN of the two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school year, be authorized to increase class sizes in special classes contain- ing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commis- sioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regu- lations 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. S 10. The education law is amended by adding a new section 4403-a to read as follows: S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. S. 6356--B 14 A. 8556--B 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI- NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. S 11. Subparagraph (i) of paragraph a of subdivision 10 of section 4410 of the education law, as amended by chapter 82 of the laws of 1995, is amended and a new subparagraph (iv) is added to read as follows: (i) (A) Commencing with the nineteen hundred ninety--ninety-one school year, the commissioner shall annually determine the tuition rate for approved services or programs provided to preschool children pursuant to this section. Such rates for providers of such services and programs shall be determined in conformance with a methodology established pursu- ant to subdivision four of section forty-four hundred five of this arti- cle after consultation with and a review of an annual report prepared by the advisory committee established pursuant to paragraph a of subdivi- sion twelve of this section and shall be subject to the approval of the director of the budget. Notwithstanding any other provision of law, rule or regulation to the contrary, tuition rates established for the nine- teen hundred ninety-five--ninety-six school year shall exclude the two percent cost of living adjustment authorized in rates established for the nineteen hundred ninety-four--ninety-five school year. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL EDUCATION ITINERANT SERVICES BASED ON APPROVED ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO SUBDIVISION FOUR S. 6356--B 15 A. 8556--B OF SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA- TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON THE ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES. (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER, THE CITY OF NEW YORK SHALL BE AUTHORIZED TO ESTAB- LISH LOCAL TUITION RATES FOR APPROVED SPECIAL EDUCATION ITINERANT SERVICES PROVIDED WITHIN THE CITY OF NEW YORK THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH LOCAL TUITION RATES SHALL NOT EXCEED THE TUITION RATES DETERMINED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET PURSUANT TO SUBPARAGRAPHS (I) THROUGH (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. THE LOCAL TUITION RATES SO ESTABLISHED SHALL BE USED IN THE CONTRACTS WITH PROVIDERS PROVIDING SPECIAL EDUCATION ITINERANT SERVICES WITHIN THE CITY OF NEW YORK. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE RESPONSIBLE FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL EDUCA- TION ITINERANT PROGRAM PROVIDER THROUGH THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL- IZED EDUCATION PROGRAM OF THE PRESCHOOL CHILD. PROVIDED, HOWEVER, THAT THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA- GRAPH SHALL NOT APPLY TO PRESCHOOL CHILDREN WITH DISABILITIES WHO RECEIVED PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO THOU- SAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR. THE CITY OF NEW YORK SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER. S 12. 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 27 of part A of chapter 57 of the laws of 2013, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section [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, reimbursement] 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, 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, [and] reimbursement for the 2013--2014 school year shall not exceed 62.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and sixty-five cents per contact hour, AND REIMBURSEMENT FOR THE 2014--2015 SCHOOL YEAR SHALL NOT EXCEED 61.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS AND THREE CENTS PER CONTACT HOUR where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwith- standing any other provision of law to the contrary, [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; where- as] 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; whereas for the 2013--2014 school year S. 6356--B 16 A. 8556--B such contact hours shall not exceed one million six hundred forty-nine thousand seven hundred forty-six (1,649,746) hours; WHEREAS FOR THE 2014--2015 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED TWENTY-NINE (1,432,129) 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 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 subdivi- sion 11 of section 3602 of the education law. S 13. 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 s to read as follows: S. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2014--2015 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 14. 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 29 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2014] 2015. S 15. 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 30 of part A of chapter 57 of the laws of 2013, 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, [2015] 2016. S 16. 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 31 of part A of chapter 57 of the laws of 2013, 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 S. 6356--B 17 A. 8556--B thirteen of this act shall remain in full force and effect until July 1, [2014] 2015 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] TWENTY-FOUR of this act shall be deemed to be repealed on and after July 1, [2014] 2015; S 17. Subdivision 8 of section 4401 of the education law, as amended by section 25-a of part A of chapter 57 of the laws of 2013, is amended to read as follows: 8. "School district basic contribution" shall mean an amount equal to the total school district local property and non-property tax levy for the base year divided by the base year public school district enrollment of resident pupils of the school district as defined in paragraph n of subdivision one of section thirty-six hundred two of this chapter, except that for the two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for school districts other than central high school districts and their components, such tax levy for the base year shall be divided by the year prior to the base year pupil count as determined by the commissioner pursuant to paragraph f of subdivision two of section thirty-six hundred two of this chapter for any school district in which such year prior to the base year pupil count exceeds one hundred fifty percent of such base year public school district enrollment of resident pupils. S 18. 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 32 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015 when upon such date the provisions of this act shall be deemed repealed. S 19. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provisions 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 33 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015. S 20. 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 34 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015. S 21. The opening paragraph of subdivision 10 of section 3602-e of the education law, as amended by section 10-a of part A of chapter 57 of the laws of 2012, is amended to read as follows: Notwithstanding any provision of law to the contrary, for aid payable in the two thousand eight--two thousand nine school year, the grant to each eligible school district for universal prekindergarten aid shall be computed pursuant to this subdivision, and for the two thousand nine-- two thousand ten and two thousand ten--two thousand eleven school years, each school district shall be eligible for a maximum grant equal to the amount computed for such school district for the base year in the elec- S. 6356--B 18 A. 8556--B tronic data file produced by the commissioner in support of the two thousand nine--two thousand ten education, labor and family assistance budget, provided, however, that in the case of a district implementing programs for the first time or implementing expansion programs in the two thousand eight--two thousand nine school year where such programs operate for a minimum of ninety days in any one school year as provided in section 151-1.4 of the regulations of the commissioner, for the two thousand nine--two thousand ten and two thousand ten--two thousand elev- en school years, such school district shall be eligible for a maximum grant equal to the amount computed pursuant to paragraph a of subdivi- sion nine of this section in the two thousand eight--two thousand nine school year, and for the two thousand eleven--two thousand twelve school year each school district shall be eligible for a maximum grant equal to the amount set forth for such school district as "UNIVERSAL PREKINDER- GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", and for two thousand twelve--two thousand thirteen [and], two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school years each school district shall be eligible for a maximum grant equal to the greater of (i) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", or (ii) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner on May fifteenth, two thousand eleven pursuant to paragraph b of subdivision twenty-one of section three hundred five of this chapter, and provided further that the maximum grant shall not exceed the total actual grant expenditures incurred by the school district in the current school year as approved by the commissioner. S 22. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2014--2015 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational 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 23. 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, 2015 and not later than the last day of the third full business week of June, 2015, 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, 2015, for salary expenses incurred between April 1 and June 30, 2015 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 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 S. 6356--B 19 A. 8556--B 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--2012 as determined by the commis- sioner of education pursuant to subdivision 17 of section 3602 of the education 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 24. 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, 2015, 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, 2015 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 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 S. 6356--B 20 A. 8556--B 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 reminder 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 25. 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. 6356--B 21 A. 8556--B S 26. 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 2014--2015 school year, as a non-component school district, services required by article 19 of the education law. S 27. The amounts specified in this section shall be a set aside from the state funds which each such district is receiving from the total foundation aid: for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs for the 2014--2015 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, twenty-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). Notwithstanding the provisions 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 instructional or instructional support costs associ- ated with implementation of an alternative approach to reduction of racial isolation and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations 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. For the purpose of attendance improvement and dropout prevention for the 2014--2015 school year, for any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention S. 6356--B 22 A. 8556--B shall equal the amount set aside in the base year. For the 2014--2015 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 organizations must be in addition to allocations provided to community-based organizations in the base year. For the purpose of teacher support for the 2014--2015 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 section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion 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 distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate 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 28. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2014 enacting the aid to localities budget shall be apportioned for the 2014--2015 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 chapter 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 2014--2015 by a chapter of the laws of 2014 enacting the education, labor and fami- ly 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 29. 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 S. 6356--B 23 A. 8556--B 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 30. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2014, provided, however, that: 1. Sections one, two, three, four, five, seven, nine, twelve, thir- teen, seventeen, twenty-two, twenty-six and twenty-seven of this act shall take effect July 1, 2014. 2. The amendments to subdivision 6 of section 4402 of the education law made by section nine of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith. 3. Section eleven of this act shall take effect April 1, 2014 and shall first apply to the provision of services and programs pursuant to section 4410 of the education law in the 2014-2015 school year, provided that the provisions of subparagraph (iv) of paragraph a of subdivision 10 of section 4410 of the education law, as added by such section of this act, shall expire and be deemed repealed June 30, 2019. 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 twelve and thirteen of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 5. Section sixteen of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after the effec- tive date of section 140 of chapter 82 of the laws of 1995. 6. Section twenty-five of this act shall expire and be deemed repealed June 30, 2015. PART B Section 1. The smart schools bond act of 2014 is enacted to read as follows: SMART SCHOOLS BOND ACT OF 2014 Section 1. Short title. 2. Creation of a state debt. 3. Bonds of the state. 4. Use of moneys received. Section 1. Short title. This act shall be known and may be cited as the "smart schools bond act of 2014". S 2. Creation of a state debt. The creation of a state debt in an amount not exceeding in the aggregate two billion dollars ($2,000,000,000) is hereby authorized to provide moneys for the single purpose of improving learning and opportunity for public school students of the state by funding capital projects to: acquire learning technology equipment or facilities including, but not limited to, interactive whiteboards, computer servers, and desktop, laptop and tablet computers; install high-speed broadband or wireless internet connectivity for schools and communities; and construct, enhance, and modernize educa- S. 6356--B 24 A. 8556--B tional facilities to accommodate pre-kindergarten programs. The legisla- ture may, by appropriate legislation and subject to such conditions as it may impose, make available out of the proceeds of the sale of bonds authorized in this act, moneys disbursed or to be disbursed for the cost of approved capital projects undertaken by, or on behalf of, school districts for such purposes. S 3. Bonds of the state. The state comptroller is hereby authorized and empowered to issue and sell bonds of the state up to the aggregate amount of two billion dollars ($2,000,000,000) for the purposes of this act, subject to the provisions of article five of the state finance law. The aggregate principal amount of such bonds shall not exceed two billion dollars ($2,000,000,000) excluding bonds issued to refund or otherwise repay bonds heretofore issued for such purpose; provided, however, that upon any such refunding or repayment, the total aggregate principal amount of outstanding bonds may be greater than two billion dollars ($2,000,000,000) only if the present value of the aggregate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid. The method for calculating present value shall be determined by law. S 4. Use of moneys received. The moneys received by the state from the sale of bonds sold pursuant to this act shall be expended pursuant to appropriations for capital projects related to design, planning, site acquisition, demolition, construction, reconstruction, rehabilitation, or acquisition and/or installation of equipment for the following types of projects: capital projects related to educational technology equip- ment or facilities including but not limited to interactive whiteboards; computer servers; desktop and laptop computers, and tablets; high-speed broadband or wireless internet connectivity for schools and communities; and capital projects to construct, enhance or modernize educational facilities to accommodate pre-kindergarten programs. S 2. This act shall take effect immediately, provided that the provisions of section one of this act shall not take effect unless and until this act shall have been submitted to the people at the general election to be held in November 2014 and shall have been approved by a majority of all votes cast for and against it at such election. Upon approval by the people, section one of this act shall take effect imme- diately. The ballots to be furnished for the use of voters upon submission of this act shall be in the form prescribed by the election law and the proposition or question to be submitted shall be printed thereon in substantially the following form, namely "The SMART SCHOOLS BOND ACT OF 2014, as set forth in section one of part B of chapter (here insert the chapter number) of the laws of 2014, authorizes the sale of state bonds of up to two billion dollars ($2,000,000,000) to provide access to classroom technology and high-speed internet connectivity to equalize opportunities for children to learn and to add classroom space to expand high-quality pre-kindergarten programs. Shall the SMART SCHOOLS BOND ACT OF 2014 be approved?". PART C Section 1. This act shall be known and may be cited as the "smart schools implementation act of 2014". S 2. Section 3641 of the education law is amended by adding a new subdivision 16 to read as follows: S. 6356--B 25 A. 8556--B 16. IMPLEMENTATION OF THE SMART SCHOOLS BOND ACT OF 2014. A. DEFI- NITIONS. THE FOLLOWING TERMS, WHENEVER USED OR REFERRED TO IN THIS SUBDIVISION, UNLESS THE CONTEXT INDICATES OTHERWISE, SHALL HAVE THE FOLLOWING MEANINGS: (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE "SMART SCHOOLS BOND ACT OF 2014" IN ACCORDANCE WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW. (2) "SMART SCHOOLS REVIEW BOARD" SHALL MEAN A BODY COMPRISED OF THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE DIRECTOR OF THE BUDGET, AND THE COMMISSIONER, OR THEIR RESPECTIVE DESIGNEES. (3) "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED BY A SCHOOL DISTRICT SETTING FORTH THE SMART SCHOOLS PROJECT OR PROJECTS TO BE UNDERTAKEN WITH SUCH DISTRICT'S SMART SCHOOLS ALLOCATION. (4) "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET FORTH AND DEFINED IN SUBPARAGRAPHS FIVE, SIX, OR SEVEN OF THIS PARAGRAPH. (5) "PRE-KINDERGARTEN PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS A PRIMARY PURPOSE, EXPANDS THE AVAILABILITY OF ADEQUATE AND APPROPRIATE INSTRUCTIONAL SPACE FOR PRE-KINDERGARTEN. (6) "COMMUNITY CONNECTIVITY PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS A PRIMARY PURPOSE, EXPANDS HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY IN THE LOCAL COMMUNITY, INCLUDING SCHOOL BUILDINGS AND CAMPUSES, FOR ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE. (7) "CLASSROOM TECHNOLOGY PROJECT" SHALL MEAN A CAPITAL PROJECT TO EXPAND HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY SOLELY FOR SCHOOL BUILDINGS AND CAMPUSES, OR TO ACQUIRE LEARNING TECHNOLOGY HARD- WARE FOR SCHOOLS, CLASSROOMS, AND STUDENT USE, INCLUDING BUT NOT LIMITED TO WHITEBOARDS, COMPUTER SERVERS, DESKTOP COMPUTERS, LAPTOP COMPUTERS, AND TABLET COMPUTERS. (8) "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID", AND "SUPPLEMENTAL PUB EXCESS COST" UNDER THE HEADING "2013-14 BASE YEAR AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND FOURTEEN-FIFTEEN SCHOOL YEAR. (9) "SMART SCHOOLS ALLOCATION" SHALL MEAN, FOR EACH SCHOOL DISTRICT, THE PRODUCT OF (I) TWO BILLION DOLLARS ($2,000,000,000) MULTIPLIED BY (II) THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL AID DIVIDED BY THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS. B. SMART SCHOOLS INVESTMENT PLANS. (1) THE SMART SCHOOLS REVIEW BOARD SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY CRITERIA FOR SMART SCHOOLS INVESTMENT PLANS TO BE SUBMITTED BY SCHOOL DISTRICTS. SUCH GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO: (I) A TIMELINE FOR SCHOOL DISTRICT SUBMISSION OF SMART SCHOOLS INVESTMENT PLANS; (II) ANY REQUIREMENTS FOR THE USE OF AVAILABLE STATE PROCUREMENT OPTIONS WHERE APPLICABLE; AND (III) ANY LIMITATIONS ON THE AMOUNT OF A DISTRICT'S SMART SCHOOLS ALLOCATION THAT MAY BE USED FOR ASSETS WITH A SHORT PROBABLE LIFE. (2) NO SCHOOL DISTRICT SHALL BE ENTITLED TO A SMART SCHOOLS GRANT UNTIL SUCH DISTRICT SHALL HAVE SUBMITTED A SMART SCHOOLS INVESTMENT PLAN TO THE SMART SCHOOLS REVIEW BOARD AND RECEIVED SUCH BOARD'S APPROVAL OF SUCH INVESTMENT PLAN. IN DEVELOPING SUCH INVESTMENT PLAN, SCHOOL DISTRICTS SHALL CONSULT WITH PARENTS, TEACHERS, STUDENTS, COMMUNITY MEMBERS AND OTHER STAKEHOLDERS. S. 6356--B 26 A. 8556--B (3) THE SMART SCHOOLS REVIEW BOARD SHALL REVIEW ALL SMART SCHOOLS INVESTMENT PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SMART SCHOOLS REVIEW BOARD MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN SUCH PLANS TO THE SCHOOL DISTRICT FOR MODIFICATIONS. UPON APPROVAL, THE SMART SCHOOLS PROJECT OR PROJECTS DESCRIBED IN THE INVESTMENT PLAN SHALL BE ELIGIBLE FOR SMART SCHOOLS GRANTS. A SMART SCHOOLS PROJECT INCLUDED IN A SCHOOL DISTRICT'S SMART SCHOOLS INVESTMENT PLAN SHALL NOT REQUIRE SEPARATE APPROVAL OF THE COMMISSIONER UNLESS IT IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED TO BE SUBMITTED FOR APPROVAL OF THE COMMISSIONER PURSUANT TO SECTION FOUR HUNDRED EIGHT OF THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. ANY DEPARTMENT, AGENCY OR PUBLIC AUTHORITY SHALL PROVIDE THE SMART SCHOOLS REVIEW BOARD WITH ANY INFORMA- TION IT REQUIRES TO FULFILL ITS DUTIES PURSUANT TO THIS SUBDIVISION. (4) ANY AMENDMENTS OR SUPPLEMENTS TO A SMART SCHOOL INVESTMENT PLAN MUST BE SUBMITTED TO THE SMART SCHOOLS REVIEW BOARD FOR APPROVAL, AND SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED. C. EXPENDITURE OF MONEY. (1) SMART SCHOOLS GRANTS. EACH SCHOOL DISTRICT WHICH HAS AN APPROVED SMART SCHOOLS INVESTMENT PLAN INCLUDING A SMART SCHOOLS PROJECT OR PROJECTS SHALL BE ENTITLED TO A GRANT OR GRANTS FOR THE SMART SCHOOLS PROJECT OR PROJECTS INCLUDED THEREIN IN AN AMOUNT, WHETHER IN THE AGGREGATE OR OTHERWISE, NOT TO EXCEED THE SMART SCHOOLS ALLOCATION CALCULATED FOR SUCH SCHOOL DISTRICT. THE AMOUNT OF SUCH ALLO- CATION NOT EXPENDED, DISBURSED OR ENCUMBERED FOR ANY SCHOOL YEAR SHALL BE CARRIED OVER FOR EXPENDITURE AND DISBURSEMENT TO THE NEXT SUCCEEDING SCHOOL YEAR. EXPENDITURES FROM THE SMART SCHOOLS ALLOCATION SHALL NOT BE ELIGIBLE FOR AID UNDER ANY OTHER PROVISION OF THIS CHAPTER. (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID TO SCHOOL DISTRICTS SHALL BE CERTIFIED BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION. IF, UPON THE OPTION OF A SCHOOL DISTRICT, A SMART SCHOOLS INVESTMENT PLAN DIRECTS THAT AN AMOUNT BE TRANSFERRED OR SUBAL- LOCATED TO A DEPARTMENT, AGENCY, OR PUBLIC AUTHORITY TO BE SPENT ON BEHALF OF THE SCHOOL DISTRICT, SUCH AMOUNTS SHALL BE TRANSFERRED OR SUBALLOCATED, CONSISTENT WITH SUCH PLAN, UPON THE APPROVAL OF THE DIREC- TOR OF THE BUDGET. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE AVAILABLE SHALL BE PAID BY THE COMPTROLLER IN ACCORDANCE WITH APPROPRIATIONS THEREFOR, PROVIDED, HOWEVER, THAT THE PAYMENT SCHEDULE SET FORTH IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH PAYMENTS. SUCH PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR THE COMMISSIONER TO APPORTION FUNDS PURSUANT TO THIS SUBDIVISION, AND WHENEVER A SCHOOL DISTRICT HAS BEEN APPORTIONED MORE MONEY PURSUANT TO THIS SUBDIVISION THAN THAT TO WHICH IT IS ENTITLED, THE COMMISSIONER MAY DEDUCT SUCH AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL DISTRICT. D. CONSISTENCY WITH FEDERAL TAX LAW. ALL ACTIONS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD- ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS SUBDIVISION, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS. E. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS. S 3. The state finance law is amended by adding a new section 97-oooo to read as follows: S 97-OOOO. SMART SCHOOLS BOND FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA- S. 6356--B 27 A. 8556--B TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SMART SCHOOLS BOND FUND". 2. THE STATE COMPTROLLER SHALL DEPOSIT INTO THE SMART SCHOOLS BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF THE SMART SCHOOLS BOND ACT OF 2014. 3. MONEYS IN THE SMART SCHOOLS BOND FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDITURES MADE FROM APPROPRI- ATIONS FROM THE CAPITAL PROJECTS FUND FOR THE PURPOSE OF THE SMART SCHOOLS BOND FUND, AS SET FORTH IN THE SMART SCHOOLS BOND ACT OF 2014. 4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES SOLD PURSUANT TO THE SMART SCHOOLS BOND ACT OF 2014 SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER. S 4. Section 61 of the state finance law is amended by adding a new subdivision 31 to read as follows: SMART SCHOOLS PROJECTS 31. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING BUT NOT LIMITED TO PRE-KINDERGARTEN PROJECTS, COMMUNITY CONNECTIVITY PROJECTS, AND CLASSROOM TECHNOLOGY PROJECTS, ALL AS DEFINED IN SUBDIVI- SION SIXTEEN OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN, ENACTING AND CONSTITUTING THE SMART SCHOOLS BOND ACT OF 2014. THIRTY YEARS FOR PRE-KINDERGARTEN PROJECTS, TWENTY YEARS FOR COMMUNITY CONNECTIVITY PROJECTS, AND EIGHT YEARS FOR CLASSROOM TECHNOLOGY PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING ANNUAL DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER- AGE PERIOD OF PROBABLE LIFE OF SUCH SMART SCHOOLS PROJECTS, INCLUDING WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHT- ED AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM MULTIPLYING THE DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE LIFE OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR VALUE OF THE ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT. S 5. If any clause, sentence, paragraph, 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 ther- eof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 6. This act shall take effect only in the event that section 1 of part B of a chapter of the laws of 2014, enacting the "smart schools bond act of 2014," is submitted to the people at the general election to be held in November 2014 and is approved by a majority of all votes cast for and against it at such election. Upon such approval, this act shall take effect immediately. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act are authorized and directed to be made and completed on or before such effective date. PART D S. 6356--B 28 A. 8556--B Section 1. Short title. This act shall be known and may be cited as the "nurse practitioners modernization act". S 2. Subdivision 3 of section 6902 of the education law, as added by chapter 257 of the laws of 1988, is amended to read as follows: 3. (a) (I) The practice of registered professional nursing by a nurse practitioner, certified under section six thousand nine hundred ten of this article, may include the diagnosis of illness and physical condi- tions and the performance of therapeutic and corrective measures within a specialty area of practice, in collaboration with a licensed physician qualified to collaborate in the specialty involved, provided such services are performed in accordance with a written practice agreement and written practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF THIS SUBDIVISION. The written practice agreement shall include explicit provisions for the resolution of any disagreement between the collab- orating physician and the nurse practitioner regarding a matter of diag- nosis or treatment that is within the scope of practice of both. To the extent the practice agreement does not so provide, then the collaborat- ing physician's diagnosis or treatment shall prevail. [(b)] (II) IN THE EVENT THAT (A) AN EXISTING WRITTEN PRACTICE AGREE- MENT WITH A COLLABORATING PHYSICIAN TERMINATES AS A RESULT OF: THE COLLABORATING PHYSICIAN MOVING, RETIRING, NO LONGER NEEDING THE SERVICES OF THE NURSE PRACTITIONER, NO LONGER BEING QUALIFIED TO PRACTICE; OR THE WRITTEN PRACTICE AGREEMENT TERMINATING DUE TO NO FAULT ON THE PART OF THE NURSE PRACTITIONER; AND (B) THE NURSE PRACTITIONER DEMONSTRATES THAT HE OR SHE HAS MADE A GOOD FAITH EFFORT TO ENTER INTO A NEW WRITTEN PRAC- TICE AGREEMENT WITH A COLLABORATING PHYSICIAN AND HAS BEEN UNABLE TO DO SO, THEN UPON APPROVAL BY THE DEPARTMENT, SUCH NURSE PRACTITIONER MAY CONTINUE TO PRACTICE PURSUANT TO THIS PARAGRAPH WITHIN A SPECIALTY AREA OF PRACTICE FOR A PERIOD OF UP TO SIX MONTHS, IN COLLABORATION WITH A NURSE PRACTITIONER WHO HAS BEEN CERTIFIED UNDER SECTION SIX THOUSAND NINE HUNDRED TEN OF THIS ARTICLE, WHO HAS BEEN PRACTICING FOR MORE THAN THREE THOUSAND SIX HUNDRED HOURS AND WHO IS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED, PROVIDED THAT SERVICES ARE PERFORMED IN ACCORD- ANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS; SUCH SIX MONTH TIME PERIOD FOR COLLABORATION BETWEEN NURSE PRACTITIONERS MAY BE EXTENDED FOR A PERIOD OF TIME NOT TO EXCEED AN ADDITIONAL SIX MONTHS UPON A SHOWING OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT. (III) Prescriptions for drugs, devices and immunizing agents may be issued by a nurse practitioner, under this [subdivision] PARAGRAPH and section six thousand nine hundred ten of this article, in accordance with the practice agreement and practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF THIS SUBDIVISION. The nurse practitioner shall obtain a certificate from the department upon successfully completing a program including an appropriate pharmacology component, or its equiv- alent, as established by the commissioner's regulations, prior to prescribing under this [subdivision] PARAGRAPH. The certificate issued under section six thousand nine hundred ten of this article shall state whether the nurse practitioner has successfully completed such a program or equivalent and is authorized to prescribe under this [subdivision] PARAGRAPH. [(c)] (IV) Each practice agreement shall provide for patient records review by the collaborating physician OR, WHERE APPLICABLE, THE COLLAB- ORATING NURSE PRACTITIONER, in a timely fashion but in no event less often than every three months. The names of the nurse practitioner and the collaborating physician OR, WHERE APPLICABLE, THE COLLABORATING S. 6356--B 29 A. 8556--B NURSE PRACTITIONER shall be clearly posted in the practice setting of the nurse practitioner. [(d)] (V) The practice protocol shall reflect current accepted medical and nursing practice, OR FOR COLLABORATIONS WITH ANOTHER NURSE PRACTI- TIONER PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE CURRENT ACCEPTED NURSING PRACTICE. The protocols shall be filed with the department within ninety days of the commencement of the practice and may be updated periodically. The commissioner shall make regulations establishing the procedure for the review of protocols and the disposi- tion of any issues arising from such review. [(e)] (VI) No physician OR, WHERE APPLICABLE, NURSE PRACTITIONER, shall enter into practice agreements with more than four nurse practi- tioners who are not located on the same physical premises as the collab- orating physician OR COLLABORATING NURSE PRACTITIONER. [(f)] (B) NOTWITHSTANDING SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, A NURSE PRACTITIONER, CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND SIX HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN LIEU OF COMPLYING WITH THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION RELATING TO COLLABORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH THIS PARAGRAPH SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED PHYSI- CIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A HOSPITAL, LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, THAT PROVIDES SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION. THE NURSE PRACTITIONER SHALL DOCUMENT SUCH COLLABORATIVE RELATIONSHIPS IN A MANNER REQUIRED BY THE DEPARTMENT, WHICH IDENTIFIES THE NAME AND MEDICAL LICENSE NUMBER OF EACH PHYSICIAN OR HOSPITAL, AS APPLICABLE, WITH WHOM THE NURSE PRACTITIONER IS COLLABORATING, AND THE NURSE PRACTITIONER ATTESTS THAT THE PHYSICIAN OR HOSPITAL IS AWARE OF AND HAS AGREED TO MAINTAIN A COLLABORATIVE RELATIONSHIP WITH THE NURSE PRACTITIONER. (C) Nothing in this subdivision shall be deemed to limit or diminish the practice of the profession of nursing as a registered professional nurse under this article or any other law, rule, regulation or certif- ication, nor to deny any registered professional nurse the right to do any act or engage in any practice authorized by this article or any other law, rule, regulation or certification. [(g)] (D) The provisions of this subdivision shall not apply to any activity authorized, pursuant to statute, rule or regulation, to be performed by a registered professional nurse in a hospital as defined in article twenty-eight of the public health law. (E) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA- TION, THE DEPARTMENT SHALL COLLECT AND A NURSE PRACTITIONER SHALL PROVIDE SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING BUT NOT LIMITED TO THE LOCATION AND TYPE OF SETTING WHEREIN THE NURSE PRACTITIONER PRACTICES; IF THE NURSE PRACTITIONER HAS PRACTICED FOR FEWER THAN THREE THOUSAND SIX HUNDRED HOURS AND IS PRAC- TICING PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A PHYSICIAN; IF THE NURSE PRACTITIONER PRACTICES PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A NURSE PRACTITIONER FOR SIX MONTHS AND IF THE WRITTEN PRACTICE AGREEMENT HAS BEEN EXTENDED FOR AN ADDITIONAL SIX MONTHS UPON A SHOWING OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT; IF THE NURSE PRACTITIONER PRACTICES PURSUANT TO COLLABORATIVE RELATIONSHIPS WITH A S. 6356--B 30 A. 8556--B PHYSICIAN OR HOSPITAL; AND OTHER INFORMATION THE DEPARTMENT, IN CONSUL- TATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. S 3. This act shall take effect on the first of January after it shall have become a law; 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 is authorized and directed to be made and completed on or before such effective date. PART E Section 1. Section 11 of the education law is amended by adding a new subdivision 9 to read as follows: 9. "PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION" SHALL MEAN MULTIPLE INCIDENTS OF HARASSMENT, BULLYING OR DISCRIMINATION INVOLVING ONE OR MORE KNOWN OR UNKNOWN PERPETRATORS AGAINST A PARTICULAR CLASS OR CLASSES OF PERSONS BASED ON THEIR ACTUAL OR PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX. S 2. Paragraph d of subdivision 1 of section 13 of the education law, as added by chapter 102 of the laws of 2012, is amended to read as follows: d. require the principal, superintendent or the principal's or super- intendent's designee to lead or supervise the thorough investigation of all reports of harassment, bullying and discrimination, and to ensure that such investigation is completed promptly after receipt of any writ- ten reports made under this section. IF THE PRINCIPAL OR SUPERINTENDENT DESIGNATES AN INDIVIDUAL TO LEAD AND SUPERVISE SUCH INVESTIGATION AND THE INVESTIGATION REVEALS VERIFIED HARASSMENT, BULLYING OR DISCRIMI- NATION, THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE SHALL PROMPTLY FORWARD ANY DETERMINATIONS OF VERIFIED HARASSMENT, BULLYING OR DISCRIMI- NATION DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS DETER- MINED BY THE SCHOOL DISTRICT; S 3. Paragraphs e, f, g, h, i, j, k and l of subdivision 1 of section 13 of the education law are relettered paragraphs g, h, i, j, k, l, m and n and two new paragraphs e and f are added to read as follows: E. REQUIRE, AS PART OF THE INVESTIGATION UNDERTAKEN PURSUANT TO PARA- GRAPH D OF THIS SUBDIVISION, THE PRINCIPAL, SUPERINTENDENT OR THE PRIN- CIPAL'S OR SUPERINTENDENT'S DESIGNEE TO ALSO INVESTIGATE AND DETERMINE IF EACH VERIFIED INCIDENT IS PART OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION. IF THE PRINCIPAL OR SUPERINTENDENT DESIGNATES AN INDIVIDUAL TO LEAD AND SUPERVISE SUCH INVESTIGATION, THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE SHALL PROMPTLY FORWARD ANY SUCH DETERMI- NATIONS, WHETHER OR NOT THEY FIND A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS DETERMINED BY THE SCHOOL DISTRICT; SUCH OFFICIAL OR OFFICIALS, IN TURN, SHALL PROMPTLY UNDERTAKE AN INDEPENDENT REVIEW OF EACH DETERMINATION TO DETERMINE IF THE VERIFIED INCIDENT IS PART OF SUCH A PATTERN OF HARASS- MENT, BULLYING OR DISCRIMINATION; F. REQUIRE THE PRINCIPAL OR SUPERINTENDENT TO PROMPTLY REPORT TO THE COMMISSIONER, THE DIVISION OF HUMAN RIGHTS AND THE DIVISION OF STATE POLICE, (I) ANY INVESTIGATION WHERE A DETERMINATION IS MADE BY EITHER THE PRINCIPAL, SUPERINTENDENT OR THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE THAT A VERIFIED INCIDENT OF HARASSMENT, BULLYING OR DISCRIMI- NATION IS PART OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION AND (II) ANY PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION OF WHICH THEY OTHERWISE BECOME AWARE. SCHOOL DISTRICTS SHALL ENSURE THAT THEY S. 6356--B 31 A. 8556--B HAVE ADEQUATE POLICIES AND PROCEDURES IN PLACE TO ENSURE THAT THESE PATTERNS ARE REPORTED PROMPTLY; S 4. Section 14 of the education law is amended by adding two new subdivisions 6 and 7 to read as follows: 6. WHEN THE COMMISSIONER RECEIVES A REPORT FROM A PRINCIPAL OR SUPER- INTENDENT OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, THE COMMISSIONER SHALL DEVELOP, AND THE SCHOOL DISTRICT SHALL IMPLEMENT, INTERVENTION PROTOCOLS REASONABLY CALCULATED TO END THE HARASSMENT, BULLYING OR DISCRIMINATION, ELIMINATE ANY HOSTILE ENVIRONMENT, CREATE A MORE POSITIVE SCHOOL CULTURE AND CLIMATE, PREVENT RECURRENCE OF THE BEHAVIOR, AND ENSURE THE SAFETY OF THE STUDENT OR STUDENTS AGAINST WHOM SUCH HARASSMENT, BULLYING OR DISCRIMINATION WAS DIRECTED. THE DEPARTMENT SHALL EVALUATE THE DISTRICT'S IMPLEMENTATION OF SUCH PROTOCOLS WITHIN SIX MONTHS AFTER SUCH PROTOCOLS ARE RECEIVED BY THE DISTRICT. 7. IF THE COMMISSIONER RECEIVES OR ACQUIRES SUBSTANTIAL EVIDENCE FROM ANY SOURCE THAT A SCHOOL PRINCIPAL OR SUPERINTENDENT HAS FAILED TO FULFILL HIS OR HER DUTIES UNDER THIS ARTICLE OR HAS FAILED TO REPORT A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION AS DEFINED IN SECTION ELEVEN OF THIS ARTICLE, OF WHICH THE PRINCIPAL OR SUPERINTENDENT KNEW OR SHOULD HAVE KNOWN, THE COMMISSIONER SHALL INITIATE A REMOVAL PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED SIX OF THIS TITLE. FOR THE PURPOSES OF THIS SUBDIVISION ONLY, A PRINCIPAL SHALL BE DEEMED A SCHOOL OFFICER. S 5. Section 297 of the executive law is amended by adding a new subdivision 11 to read as follows: 11. THE DIVISION SHALL PROMPTLY REPORT TO THE COMMISSIONER OF EDUCA- TION INFORMATION REGARDING ANY COMPLAINTS OF DISCRIMINATION AGAINST STUDENTS IN A PUBLIC SCHOOL, BROUGHT PURSUANT TO SUBDIVISION FOUR OF SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WHERE A DETERMINATION OF PROBABLE CAUSE HAS BEEN ISSUED BY THE DIVISION. SUCH INFORMATION MAY BE USED BY THE COMMISSIONER OF EDUCATION TO DETERMINE WHETHER A SCHOOL PRINCIPAL OR SUPERINTENDENT HAS FAILED TO REPORT A PATTERN OF HARASS- MENT, BULLYING OR DISCRIMINATION IN VIOLATION OF ARTICLE TWO OF THE EDUCATION LAW. S 6. This act shall take effect on the ninetieth day after it shall have become a law, provided that authority of the commissioner of educa- tion and the division of human rights to promulgate any regulations necessary to implement this act shall take effect immediately. PART F Section 1. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "EDUCATIONAL INSTITUTION", WHEN USED IN THIS ARTICLE, SHALL MEAN: (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY. S 2. Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 4. It shall be an unlawful discriminatory practice for an [education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law] EDUCATIONAL INSTITUTION to S. 6356--B 32 A. 8556--B deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, sexual orientation, military status, sex, age or marital status, except that any such insti- tution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. S 3. This act shall take effect immediately. PART G Section 1. The education law is amended by adding a new section 669-e to read as follows: S 669-E. NEW YORK STATE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMAT- ICS INCENTIVE PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN AN APPROVED UNDERGRADUATE PROGRAM LEADING TO A CAREER IN SCIENCE, TECH- NOLOGY, ENGINEERING OR MATHEMATICS AT A NEW YORK STATE PUBLIC INSTITU- TION OF HIGHER EDUCATION SHALL BE ELIGIBLE FOR AN AWARD UNDER THIS SECTION, PROVIDED THE APPLICANT: (A) GRADUATES FROM A HIGH SCHOOL LOCATED IN NEW YORK STATE DURING OR AFTER THE TWO THOUSAND THIRTEEN--FOURTEEN SCHOOL YEAR; AND (B) GRADUATES WITHIN THE TOP TEN PERCENT OF HIS OR HER HIGH SCHOOL CLASS; AND (C) ENROLLS IN FULL-TIME STUDY EACH ACADEMIC YEAR BEGINNING IN THE FALL TERM AFTER HIS OR HER HIGH SCHOOL GRADUATION IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS, AS DEFINED BY THE CORPORATION, AT A NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION; AND (D) SIGNS A CONTRACT WITH THE CORPORATION AGREEING THAT HIS OR HER AWARD WILL BE CONVERTED TO A STUDENT LOAN IN THE EVENT THE STUDENT FAILS TO COMPLY WITH THE TERMS OF THIS PROGRAM AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND ALL REQUIREMENTS PROMULGATED BY THE CORPORATION FOR THE ADMINISTRATION OF THE PROGRAM. 2. AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND THEREAFTER TO APPLI- CANTS THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK STATE CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES EDUCA- TIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE, SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND- ANCE; AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPIENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION. 3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS, EXCLUDING ANY ALLOWABLE INTERRUPTION OF STUDY. S. 6356--B 33 A. 8556--B 4. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) A RECIPIENT FAILS TO COMPLETE AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS OR CHANGES MAJORS TO A PROGRAM OF UNDERGRADU- ATE STUDY OTHER THAN IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS; OR (B) UPON COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM A RECIPIENT FAILS TO EITHER (I) COMPLETE FIVE YEARS OF EMPLOYMENT IN THE SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS FIELD WITH A PUBLIC OR PRIVATE ENTITY LOCATED WITHIN NEW YORK STATE, OR (II) MAINTAIN RESIDENCY IN NEW YORK STATE FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A RECIPIENT FAILS TO RESPOND TO REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR PROFESSIONAL PROGRESS. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS AND CONTINUE THEIR EDUCATION ON AT LEAST A HALF-TIME BASIS IN A GRADUATE OR HIGHER DEGREE PROGRAM OR OTHER PROFESSIONAL LICENSURE DEGREE PROGRAM UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR EMPLOY- MENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPORATION. THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR A GRACE PERIOD, TO BE ESTABLISHED BY THE CORPORATION, FOLLOWING THE COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. 5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO, THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. 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 C of chapter 57 of the laws of 2013, 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, [2014] 2017, 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. 6356--B 34 A. 8556--B 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 capital matching grant program for independent colleges, as amended by section 2 of part C of chapter 57 of the laws of 2013, is amended to read as follows: (h) In the event that any colleges do not apply for higher education capital matching grants by March 31, 2009, or in the event they apply for and are awarded, but do not use the full amount of such grants, the unused funds associated with such grants shall thereafter be awarded to colleges on a competitive basis, according to the priorities set forth below. Notwithstanding subdivision five of this section, any college shall be eligible to apply for such unused funds in response to a request for proposals for a higher education capital matching grant pursuant to this paragraph. 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 accreditation 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. The dormitory authority shall develop a request for proposals and application process, in consultation with the board, for higher education capital matching grants awarded pursuant to this paragraph, and shall develop criteria, subject to review by the board, for the awarding of such grants. Such criteria shall include, but not be limited to 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, [2013] 2014, and the board shall act on each application for such matching grants by November 1, [2013] 2014. 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 capi- tal matching grant program for independent colleges, as amended by section 3 of part C of chapter 57 of the laws of 2013, 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, [2015,] 2017, 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 capital grant program for independent colleges, as amended by section 4 of part C of chapter 57 of the laws of 2013, is amended to read as follows: S. 6356--B 35 A. 8556--B (b) Any eligible institution receiving a grant pursuant to this arti- cle shall report to the dormitory authority no later than June 1, [2014] 2018, on the use of funding received and its programmatic and economic impact. The dormitory authority shall submit a report no later than November 1, [2014] 2018 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 matching capital 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, 2014. PART I 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 E of chapter 57 of the laws of 2013, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$137.00] $139.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$158.00] $160.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$187.00] $190.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (d) for the period commencing January first, two thousand [fourteen] FIFTEEN, 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 [fourteen] FIFTEEN, but prior to June thirtieth, two thousand [fourteen] FIFTEEN, 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 E of chapter 57 of the laws of 2013, are amended to read as follows: (a) On and after January first, two thousand [thirteen] FOURTEEN, for an eligible individual living alone, [$797.00] $808.00; and for an eligible couple living alone, [$1170.00] $1186.00. (b) On and after January first, two thousand [thirteen] FOURTEEN, for an eligible individual living with others with or without in-kind income, [$733.00] $744.00; and for an eligible couple living with others with or without in-kind income, [$1112.00] $1128.00. (c) On and after January first, two thousand [thirteen] FOURTEEN, (i) for an eligible individual receiving family care, [$976.48] $987.48 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, [$938.48] S. 6356--B 36 A. 8556--B $949.48; 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 [thirteen] FOURTEEN, (i) for an eligible individual receiving residential care, [$1145.00] $1156.00 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 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, [$1115.00] $1126.00; 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 [thirteen] FOURTEEN, for an eligible individual receiving enhanced residential care, [$1404.00] $1415.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this paragraph. (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 [fourteen] FIFTEEN but prior to June thirtieth, two thousand [fourteen] FIFTEEN. S 3. This act shall take effect December 31, 2014. PART J Section 1. The opening paragraph of section 21-a of the social services law, as added by section 144-a of part B of chapter 436 of the laws of 1997, is amended to read as follows: Any electronic benefit transfer system shall be implemented by the department on a statewide basis and shall be administered pursuant to the provisions of this section. FOR PURPOSES OF SUCH ELECTRONIC BENEFIT TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE OF A CREDIT OR DEBIT CARD SERVICE, AUTOMATED TELLER MACHINE, POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE. S 2. The social services law is amended by adding a new section 145-d to read as follows: S 145-D. SANCTIONS AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE FOR ANY RECIPIENT THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC- TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT IS LICENSED TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY ESTABLISHMENT THAT IS LICENSED TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; (III) ANY CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS TITLE; OR (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTER- TAINMENT. FOR PURPOSES OF THIS SECTION, "GAMING ESTABLISHMENT" SHALL MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL- CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO THE S. 6356--B 37 A. 8556--B PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE BACKSTRETCH. 2. ANY PERSON WHO, INDIVIDUALLY OR AS A MEMBER OF A FAMILY, IS FOUND BY A FEDERAL, STATE, LOCAL, CRIMINAL, CIVIL OR OTHER COURT OR PURSUANT TO AN ADMINISTRATIVE HEARING HELD IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT, ON THE BASIS OF A PLEA OF GUILTY OR NOLO CONTENDERE OR OTHERWISE, TO HAVE ACCESSED PUBLIC ASSISTANCE BY MEANS OF AN ELECTRONIC BENEFIT TRANSFER IN AN UNAUTHORIZED LOCATION AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION, SHALL NOT HAVE HIS OR HER NEEDS TAKEN INTO ACCOUNT IN DETERMINING HIS OR HER NEED OR THAT OF HIS OR HER FAMILY PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE: (I) FOR A PERIOD OF ONE MONTH FOR THE FIRST OFFENSE; (II) FOR A PERIOD OF TWO MONTHS FOR THE SECOND OFFENSE; (III) FOR A PERIOD OF THREE MONTHS FOR THE THIRD OFFENSE; AND (IV) FOR A PERIOD OF SIX MONTHS FOR ANY SUBSEQUENT OFFENSE. THESE SANCTIONS SHALL BE IN ADDITION TO AND NOT IN SUBSTITUTION OF ANY OTHER SANCTIONS OR PENALTIES THAT MAY BE PROVIDED FOR BY LAW WITH RESPECT TO THE UNAUTHORIZED USE INVOLVED, EXCEPT THAT THE SOCIAL SERVICES OFFICIAL OR COURT OFFICIAL ASSESSING SANCTIONS OR PENALTIES AGAINST A RECIPIENT FOR AN UNAUTHORIZED USE AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY CONSIDER WHETHER TO IMPOSE SUCH OTHER SANCTIONS OR PENALTIES BASED UPON THE EXISTENCE OF THE SANCTIONS DESCRIBED IN THIS SUBDIVISION. S 3. Section 151 of the social services law, as added by chapter 570 of the laws of 1951, is amended to read as follows: S 151. [Penalty] PENALTIES for cashing public assistance checks OR ACCEPTING ELECTRONIC BENEFIT TRANSFERS FROM PUBLIC ASSISTANCE RECIPIENTS. [No] 1. UNAUTHORIZED TRANSACTIONS. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO person, firm, ESTABLISH- MENT, ENTITY, or corporation (A) licensed under the [provision] PROVISIONS of the alcoholic beverage control law to sell liquor AND/OR WINE at retail FOR OFF-PREMISES CONSUMPTION; (B) LICENSED TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; (C) LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING ACTIVITY UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; (D) LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF THE GENERAL MUNICIPAL LAW; (E) LICENSED TO PARTICIPATE IN THE OPERATION OF A VIDEO LOTTERY FACILITY UNDER SECTION ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW; (F) LICENSED TO OPERATE A GAMING FACILITY UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MU- TUEL WAGERING AND BREEDING LAW; OR (G) PROVIDING ADULT-ORIENTED ENTER- TAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, shall cash or accept[, for any purpose whatsoever,] FOR UNAUTHORIZED TRANSACTIONS AS SET FORTH IN SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-FIVE-D OF THIS ARTICLE, any public assistance check OR ELECTRONIC BENEFIT TRANSFER DEVICE issued by a public welfare official or department, OR AGENT THER- EOF, as and for public assistance. 2. AUTHORIZED TRANSACTIONS. (A) A GROCERY STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS AND THAT ALSO OFFERS, OR IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS, A CASINO, GAMBLING CASINO, OR GAMING ESTAB- LISHMENT; AND ANY AREA OF A PARI-MUTUEL RACE TRACK THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE BACKSTRETCH, MAY ACCEPT ANY PUBLIC ASSIST- ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER ISSUED BY A PUBLIC WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. FOR PURPOSES OF THIS PARA- S. 6356--B 38 A. 8556--B GRAPH, "GAMING ESTABLISHMENT" SHALL MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK. (B) ANY ESTABLISHMENT THAT OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS AT SUCH LOCATION MAY ACCEPT ANY PUBLIC ASSIST- ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER DEVICE ISSUED BY A PUBLIC WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. 3. PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE of this section [for the first offense shall be punishable by a fine not to exceed fifty dollars. A second offense] TAKING PLACE AT THE LICENSED PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF- PREMISES CONSUMPTION; (II) TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; OR (III) TO SELL LIQUOR, WINE AND/OR BEER FOR ON-PREMISES CONSUMPTION AT AN ESTABLISHMENT WHERE ENTERTAINERS APPEAR UNCLOTHED AS PERMITTED BY THE RULES OF THE STATE LIQUOR AUTHORITY, shall constitute [sufficient] cause, FOR THE PURPOSES OF SECTION ONE HUNDRED EIGHTEEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW, for the revocation, cancellation or suspension of such license [issued pursuant to the alcoholic beverage control law]. (B) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL- ITY UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE THOU- SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA- TION OF A VIDEO LOTTERY FACILITY; LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR- TEEN-H OF THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH PERSON, CORPO- RATION OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE HUNDRED FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND SECTION ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH MAY INCLUDE REVOCA- TION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION. (C) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION BY ANY PERSON, FIRM, ESTABLISHMENT, ENTITY OR CORPORATION PROVIDING ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTER- TAINMENT, SHALL BE A VIOLATION, AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE A VIOLATION SUBJECT TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, AND A THIRD OR SUBSEQUENT SUCH VIOLATION SHALL BE CLASS B MISDEMEANOR SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS. S 4. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, the New York state office of temporary and disability assistance, the New York state liquor authori- ty, and the New York state gaming commission shall be authorized to promulgate regulations on an emergency basis and immediately take such other actions as necessary to implement the provisions of this act. PART K Section 1. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural rental assistance program, a sum not to exceed twenty million S. 6356--B 39 A. 8556--B four hundred thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed twenty million four hundred thousand dollars as soon as practicable but no later than June 30, 2014. Notwithstanding any other provision of law, all current and existing rural rental assistance program contracts may be assigned to the corporation to administer as soon as practicable. Notwithstanding any other provision of law, such funds may be used by the corporation in support of contracts scheduled to expire in 2014-15 for as many as 10 additional years; in support of contracts for new eligible projects for a period not to exceed 5 years; and in support of contracts which reach their 25 year maximum in and/or prior to 2014-15 for an additional one year period. S 2. Notwithstanding any other provision of law, the housing finance agency may provide, for costs associated with the rehabilitation of Mitchell Lama housing projects, a sum not to exceed thirty-two million dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing finance agency, for the purposes of reimbursing any costs asso- ciated with Mitchell Lama housing projects authorized by this section, a total sum not to exceed thirty-two million dollars as soon as practica- ble but no later than March 31, 2015. S 3. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the neighborhood preservation program, a sum not to exceed eight million four hundred seventy-nine thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with neighborhood preservation program contracts authorized by this section, a total sum not to exceed eight million four hundred seventy-nine thou- sand dollars as soon as practicable but no later than June 30, 2014. S 4. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural preservation program, a sum not to exceed three million five hundred thirty-nine thousand dollars for the fiscal year ending March S. 6356--B 40 A. 8556--B 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed three million five hundred thirty-nine thousand dollars as soon as practicable but no later than June 30, 2014. S 5. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural and urban community investment fund program created pursuant to article XXVII of the private housing finance law, a sum not to exceed six million seven hundred fifty thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corpo- ration (the corporation), for the purposes of reimbursing any costs associated with rural and urban community investment fund program contracts authorized by this section, a total sum not to exceed six million seven hundred fifty thousand dollars as soon as practicable but not later than March 31, 2015. S 6. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law, a sum not to exceed two million five hundred thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mort- gage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corpo- ration (the corporation), for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed two million five hundred thousand dollars as soon as practicable but no later than March 31, 2015. S 7. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the homes for working families program for deposit in the housing trust fund created pursuant to section 59-a of the private housing finance law and subject to the provisions of article XVIII of the private housing finance law, a sum not to exceed one million seven hundred fifty thou- sand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the S. 6356--B 41 A. 8556--B project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of direc- tors of the state of New York mortgage agency shall authorize the trans- fer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with homes for working families program contracts authorized by this section, a total sum not to exceed one million seven hundred fifty thousand dollars as soon as practicable but no later than March 31, 2015. S 8. This act shall take effect immediately. PART L Section 1. This act enacts into law major components of legislation which are necessary to continue transforming New York's juvenile justice system. Each component is wholly contained within a Subpart identified as Subparts A through B. The effective date for each particular 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 three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law, as added by section 1 of part K of chapter 57 of the laws of 2012, is amended 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 special education programs AND ANY OTHER PROGRAMS and related services provided by the board of cooper- ative 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 educational 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 section 2 of part K of chapter 57 of the laws of 2012, is amended to read as follows: 6-a. Notwithstanding subdivision six of this section or any other law to the contrary, the commissioner of the office of children and family services shall be responsible for the secular education of youth under the jurisdiction of the 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 such youth is located or with the board of cooperative educational services at which any such school district is a component district [for special education programs and related services]. A youth attending a local public school while in S. 6356--B 42 A. 8556--B 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; provided that the amend- ments to subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law made by section one of this act shall not affect the expiration and repeal of such subparagraph and shall expire and be deemed repealed therewith pursuant to section 4 of part K of chapter 57 of the laws of 2012, and provided further, that the amendments to subdi- vision 6-a of section 3202 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdi- vision pursuant to section 4 of part K of chapter 57 of the laws of 2012. SUBPART B Section 1. Paragraph (a) of subdivision 7 of section 404 of the social services law, as added by section 1 of subpart A of part G of chapter 57 of the laws of 2012, is amended to read as follows: (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 the first of any such approved plan for a district to implement services for each setting level, but in no event later than [September first, two thousand fourteen] APRIL THIRTIETH, TWO THOUSAND FIFTEEN: (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 solely 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 residential 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 juvenile delinquents placed in the applicable setting level. Such commissioner 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. In assessing which of such facilities to close, or at which to implement any significant service reductions, public employee staffing reductions and/or transfer of oper- ations to a private or not-for-profit entity, the commissioner shall consider the following factors: (1) ability to provide a safe, humane S. 6356--B 43 A. 8556--B and therapeutic environment for placed youth; (2) ability to meet the educational, mental health, substance abuse and behavioral health treat- ment needs of placed youth; (3) community networks and partnerships that promote the social, mental, economic and behavioral development of placed youth; (4) future capacity requirements for the effective opera- tion of youth facilities; (5) the physical characteristics, conditions and costs of operation of the facility; and (6) the location of the facility in regards to costs and ease of transportation of placed youth and their families. S 2. This act shall take effect immediately; provided that the amend- ments to paragraph (a) of subdivision 7 of section 404 of the social services law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith pursuant to section 11 of subpart A of part G of chapter 57 of the laws of 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 Subparts A and B of this act shall be as specifically set forth in the last section of such Subparts. PART M Section 1. Section 131-a of the social services law is amended by adding a new subdivision 14 to read as follows: 14. IN DETERMINING THE NEED FOR AID PROVIDED PURSUANT TO PUBLIC ASSISTANCE PROGRAMS, EACH PERSON LIVING WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR AIDS IN SOCIAL SERVICES DISTRICTS WITH A POPULATION OVER FIVE MILLION WHO IS RECEIVING SERVICES THROUGH SUCH DISTRICT'S ADMINISTRATIVE UNIT PROVIDING HIV/AIDS SERVICES, PUBLIC ASSISTANCE AND EARNED AND/OR UNEARNED INCOME, SHALL NOT BE REQUIRED TO PAY MORE THAN THIRTY PERCENT OF HIS OR HER MONTHLY EARNED AND/OR UNEARNED INCOME TOWARD THE COST OF RENT THAT SUCH PERSON HAS A DIRECT OBLIGATION TO PAY; THIS PROVISION SHALL NOT APPLY TO ROOM AND BOARD ARRANGEMENTS. S 2. This act shall take effect immediately; provided that no funds shall be expended pursuant to this act until a plan submitted by a district has been approved by the office of temporary and disability assistance and the director of the budget. 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.
2013-A8556C - Details
2013-A8556C - Summary
Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance
2013-A8556C - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8556--C I N A S S E M B L Y January 21, 2014 ___________ 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 recommit- ted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence, calculation of the gap elimination restoration amount, appor- tionment of school aid and foundation aid, deferment of building and interest rates, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m., academic grants to the Roosevelt union free school district, charter school reserves, the computation of transitional aid for a Tier 4 eligible school district; to amend the education law, in relation to extending the dates in which the commis- sioner may set aside school aid; to amend the general municipal law, in relation to authorizing withdrawals from the employee benefit accrued liability reserve fund; to authorize the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance, to authorize New York city to establish local tuition rates for approved special education itinerant services; 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; 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 govern- ment; to amend the education law, in relation to the definition of "school district basic contribution"; to amend part C of chapter 57 of the laws of 2004, relating to support of education, in relation to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-04-4 A. 8556--C 2 extending certain provisions of such chapter; relating to the defi- nition of "adjusted gross income" for purposes of computing state education aid; 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 supple- mental 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, in relation to extending the expiration of certain provisions of such chapters; to amend the education law, in relation to universal pre-kindergarten phase-in grants; to amend the state finance law, in relation to establishing the five-year universal full- day pre-kindergarten phase-in reserve fund; to provide special appor- tionment for school bus driver training; to amend part A of chapter 57 of the laws of 2013, relating to school district eligibility relating to state aid to the public schools and implementation of the educa- tion, labor and family assistance budget for the 2013-14 state fiscal year, in relation to gap elimination adjustment; to provide special apportionment for salary expenses; to provide special apportionment for public pension accruals; to provide special apportionment for salary expenses; in relation to suballocation of certain education department accruals; in relation to the support of public libraries; and providing for the repeal of certain provisions upon expiration thereof (Part A); authorizing the creation of a state debt in the amount of $2,317,000,000, in relation to creating the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning technology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); to amend the education law and the state finance law, in relation to the implementation of the smart schools implementation act of 2014 (Part C); to amend the education law, in relation to establishing the nurse practitioners modernization act; and providing for the repeal of such provisions upon the expiration thereof (Part D); intentionally omitted (Part E); to amend the executive law, in relation to the unlawful discriminatory practices by educational institutions (Part F); to amend the education law, in relation to the New York state science, technology, engineering and mathematics incentive program (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 New York state higher education matching grant program for independent colleges and the effectiveness thereof (Part H); 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 I); to amend the social services law, the alcoholic beverage control law, the racing, pari-mutuel wagering and breeding law, the general municipal law, and the tax law, in relation to public assistance restrictions (Part J); to utilize reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); to amend the education law, in relation to A. 8556--C 3 educational programs in juvenile justice programs operated by the office of children and family services and to amend chapter 57 of the laws of 2012 amending the education law relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to making technical corrections thereto (Part L); to amend the social services law, in relation to providing a rent cap for people living with HIV/AIDS in social services districts with a population over five million (Part M); to amend the education law, in relation to creating the New York DREAM fund commission; eligibil- ity requirements and conditions governing general awards, academic performance awards and student loans; eligibility requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; financial aid oppor- tunities for students of the state university of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of such law relat- ing thereto (Part N); to amend the social services law, in relation to age of infant and reimbursement (Part O); to amend the social services law, in relation to standardizing child care copayments (Part P); to amend the social services law, in relation to reimbursement for child care absences (Part Q); to amend the social services law, in relation to the treatment of earned income of a child under the age of 18 when determining the eligibility of a household for a child care subsidy (Part R); to amend the social services law, in relation to post-adop- tion services (Part S); to amend the social services law, in relation to clarifying the definitions of vocational educational training and educational activities (Part T); to amend the social services law, in relation to the twelve month work exemption for certain parents or relatives providing child care (Part U); to authorize the New York state division of housing and community renewal to conduct a grandpar- ent housing study and report its findings to the governor and the legislature; and providing for the repeal of such provisions upon expiration thereof (Part V); to amend the social services law, in relation to clarifying notice requirements conciliation procedures and sanctions in cases when the recipient of public assistance programs refuses to comply with employment program requirements (Part W); to amend the social services law, in relation to the powers of social services officials to receive and dispose of a deed, mortgage, or lien (Part X); to amend the education law, in relation to resident under- graduate tuition for SUNY and CUNY; and to amend section 16 of chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act, relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part Y); to amend the education law, in relation to student financial aid awards and tuition assistance program awards (Part Z); to amend the education law, in relation to tuition assistance program awards starting in 2014-15 (Part AA); to amend the education law, in relation to the granting of student loan forgiveness awards for the purpose of increasing the number of social workers serving in critical human service areas (Part BB) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: A. 8556--C 4 Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through BB. The effective date for each partic- ular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including 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. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 2 of part A of chapter 57 of the laws of 2013, 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 and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen 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 twelve--two thousand thirteen school year AND PROVIDED FURTHER THAT, NO SCHOOL DISTRICT SHALL BE REQUIRED TO SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER. For purposes of this para- graph, the "gap elimination adjustment percentage" shall be calculated A. 8556--C 5 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 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 adjustment computed pursu- ant to 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 activ- ities 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 2. Paragraph (f) of subdivision 17 of section 3602 of the education law, as added by section 12 of part A of chapter 57 of the laws of 2013, is amended and a new paragraph (g) is added to read as follows: (f) The gap elimination adjustment restoration amount for the two thousand fourteen--two thousand fifteen 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.] FOR A SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS- SIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND SHALL EQUAL THE GREATER OF: (I) THE PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-TWO PERCENT (0.22) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS (B) THE POSITIVE DIFFERENCE OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMI- NATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (III) THE SUM OF (A) THE GREATER OF: (A) THE PRODUCT OF (1) THE PRODUCT OF TWO HUNDRED AND SEVENTY-TWO DOLLARS ($272.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING MULTIPLIED BY (2) THE PRODUCT OF THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT TO SUBDIVISION FOUR OF THIS SECTION MULTIPLIED BY (4) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR; (B) THE PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND FIFTY CENTS ($363.50) MULTIPLIED BY (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS THE PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MULTI- A. 8556--C 6 PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR (C) THE PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND- ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF THE TAX EFFORT RATIO AS DEFINED IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE HUNDRED SEVENTY-SIX THOUSANDTHS PERCENT (0.03176) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS THE ALTERNATE PUPIL WEALTH RATIO COMPUTED PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI- MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH- OUT ROUNDING MULTIPLIED BY (3) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (B) THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA- GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR TO THE BASE YEAR, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (B) ONE THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS ($1,815) MULTIPLIED BY (C) THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION; (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION ADJUSTMENT RESTORA- TION FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR SHALL NOT EXCEED THE PRODUCT OF FORTY-FIVE PERCENT (0.45) AND THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT. (G) THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 2-a. Paragraph (f) of subdivision 17 of section 3602 of the educa- tion law, as added by section 12 of part A of chapter 57 of the laws of 2013, is amended and a new paragraph (g) is added to read as follows: (f) The gap elimination adjustment restoration amount for the two thousand fourteen--two thousand fifteen school year [and thereafter] FOR A SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMISSIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA FILE IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR END ENTI- TLED "SA141-5" AND shall equal [the product of the gap elimination percentage for such district and the gap elimination adjustment restora- tion allocation established pursuant to subdivision eighteen of this section] THE GREATER OF THE SUM OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GEA RESTORATION" UNDER THE HEADING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5" AND FIFTEEN THOUSAND DOLLARS ($15,000) OR THE SUM OF: (I) FOR A SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND, THE A. 8556--C 7 PRODUCT OF EIGHTEEN DOLLARS ($18.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT; AND (II) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN ONE MILLION, THE PRODUCT OF THIRTY-EIGHT DOLLARS ($38.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT; AND (III) FOR A SCHOOL DISTRICT WITH (1) A THREE-YEAR AVERAGE FREE AND REDUCED LUNCH PERCENT GREATER THAN SIXTY-FIVE PERCENT (0.65) AND (2) BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION GREATER THAN THIRTY-FIVE HUNDRED (3,500) AND FOR WHICH (3) THE QUOTIENT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS THE POSITIVE DIFFERENCE OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOU- SAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5" DIVIDED BY (B) THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" IS LESS THAN SIXTY PERCENT (0.60), THE PRODUCT OF ONE HUNDRED AND FIFTEEN DOLLARS ($115.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (IV) FOR A SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE MILLION FOR WHICH THE QUOTIENT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE LIMITED ENGLISH PROFICIENT COUNT FOR THE BASE YEAR MINUS THE LIMITED ENGLISH PROFICIENT COUNT FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR DIVIDED BY (B) THE LIMITED ENGLISH PROFICIENT COUNT FOR THE TWO THOUSAND EIGHT--TWO THOU- SAND NINE SCHOOL YEAR IS GREATER THAN FIVE PERCENT (0.05), THE PRODUCT OF ONE THOUSAND DOLLARS ($1,000) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY OF THE LIMITED ENGLISH PROFICIENT COUNT FOR THE BASE YEAR MINUS THE LIMITED ENGLISH PROFICIENT COUNT FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR MULTIPLIED BY SUCH DISTRICT'S EXTRAORDINARY NEEDS PERCENT AS COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION; AND (V) FOR A SCHOOL DISTRICT FOR WHICH THE QUOTIENT OF THE NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON THE MOST RECENT DECENNIAL CENSUS AS TABULATED BY THE NATIONAL CENTER ON EDUCATION STATISTICS, WHO WERE ENROLLED IN PUBLIC SCHOOLS AND WHOSE FAMILIES HAD INCOMES BELOW THE POVERTY LEVEL, DIVIDED BY THE TOTAL NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON SUCH DECENNIAL CENSUS, WHO WERE ENROLLED IN PUBLIC SCHOOLS, COMPUTED TO FOUR DECIMALS WITHOUT ROUNDING IS GREATER THAN TWENTY-TWO A. 8556--C 8 PERCENT (0.22), THE PRODUCT OF THREE HUNDRED AND FIFTY DOLLARS ($350) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARA- GRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (VI) FOR A SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE MILLION FOR WHICH (1) THE QUOTIENT OF THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN GAP ELIMINATION ADJUSTMENT DIVIDED BY THE TOTAL GENERAL FUND EXPENDITURES FOR SUCH DISTRICT FOR THE BASE YEAR EXCEEDS ONE AND SIX-TENTHS PERCENT (0.016) AND (2) THE COMBINED WEALTH RATIO FOR SUCH DISTRICT IS LESS THAN ONE AND ONE TENTH (1.1), THE PRODUCT OF EIGHT DOLLARS ($8.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (VII) THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GEA RESTORA- TION" UNDER THE HEADING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOU- SAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5". PROVIDED FURTHER, NOTWITHSTANDING ANY PORTION OF THIS PARAGRAPH TO THE CONTRARY, THAT THE SUM OF SUBPARAGRAPHS (I), (II), (III), (IV), (V), (VI) AND (VII) SHALL NOT EXCEED THE PRODUCT OF SUCH DISTRICT'S GAP ELIM- INATION ADJUSTMENT FOR THE BASE YEAR MULTIPLIED BY THE FISCAL STRESS PERCENTAGE. FOR THE PURPOSE OF THIS PARAGRAPH, "FISCAL STRESS PERCENTAGE" SHALL MEAN (1) FOR A DISTRICT IDENTIFIED IN THE REPORT PUBLISHED BY THE NEW YORK STATE OFFICE OF THE STATE COMPTROLLER ENTITLED "FISCAL STRESS MONI- TORING SYSTEM SCHOOL DISTRICTS IN STRESS FISCAL YEARS ENDING 2013" AS "SIGNIFICANT STRESS" SUCH PERCENTAGE SHALL BE SEVENTY-FIVE PERCENT (0.75), (2) FOR A DISTRICT IDENTIFIED IN THE REPORT PUBLISHED BY THE NEW YORK STATE OFFICE OF THE STATE COMPTROLLER ENTITLED "FISCAL STRESS MONI- TORING SYSTEM SCHOOL DISTRICTS IN STRESS FISCAL YEARS ENDING 2013" AS "MODERATE STRESS" SUCH PERCENTAGE SHALL BE SIXTY PERCENT (0.60), (3) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN ONE MILLION, SIXTY PERCENT (0.60), (4) FOR ALL OTHER SCHOOL DISTRICTS FORTY-FIVE PERCENT (0.45). (G) THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 3. Subdivision 4 of section 3602 of the education law, as amended by section 26 of part A of chapter 58 of the laws of 2011, the opening paragraph, paragraph a and paragraph b as amended by section 8-a of part A of chapter 57 of the laws of 2013, paragraph b-1 as amended by section 10 of part A of chapter 97 of the laws of 2011, is amended to read as follows: 4. Total foundation aid. In addition to any other apportionment pursuant to this chapter, a school district, other than a special act school district as defined in subdivision eight of section four thousand one of this chapter, shall be eligible for total foundation aid equal to the product of total aidable foundation pupil units multiplied by the district's selected foundation aid, which shall be the greater of five hundred dollars ($500) or foundation formula aid, provided, however that for the two thousand seven--two thousand eight through two thousand A. 8556--C 9 eight--two thousand nine school years, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand seven--two thousand eight school year computed pursuant to subparagraph (i) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand twelve--two thousand thirteen school year, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand eleven--two thousand twelve school year computed pursuant to paragraph j of subdivision one of this section, plus the phase-in foun- dation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand thirteen--two thousand fourteen school year and thereafter, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision and provided further that total founda- tion aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and the due-minimum percent which shall be, for the two thousand twelve- -two thousand thirteen school year, one hundred and six-tenths percent (1.006) and for the two thousand thirteen--two thousand fourteen school year for city school districts of those cities having populations in excess of one hundred twenty-five thousand and less than one million inhabitants one hundred and one and one hundred and seventy-six thou- sandths percent (1.01176), and for all other districts one hundred and three-tenths percent (1.003), AND FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR ONE HUNDRED AND NINE-TENTHS PERCENT (1.009), subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein, nor more than the product of such total foundation aid base and one hundred fifteen percent, and provided further that for the two thousand nine--two thousand ten through two thousand eleven--two thousand twelve school years, each school district shall receive total foundation aid in an amount equal to the amount apportioned to such school district for the two thousand eight--two thousand nine school year pursuant to this subdivision. Total aidable foundation pupil units shall be calculated pursuant to paragraph g of subdivision two of this section. For the purposes of calculating aid pursuant to this subdivision, aid for the city school district of the city of New York shall be calculated on a citywide basis. a. Foundation formula aid. Foundation formula aid shall equal the remainder when the expected minimum local contribution is subtracted from the product of the foundation amount, the regional cost index, and the pupil need index, or: (foundation amount x regional cost index x pupil need index)- expected minimum local contribution. (1) The foundation amount shall reflect the average per pupil cost of general education instruction in successful school districts, as deter- mined by a statistical analysis of the costs of special education and general education in successful school districts, provided that the foundation amount shall be adjusted annually to reflect the percentage increase in the consumer price index as computed pursuant to section two thousand twenty-two of this chapter, provided that for the two thousand eight--two thousand nine school year, for the purpose of such adjust- ment, the percentage increase in the consumer price index shall be A. 8556--C 10 deemed to be two and nine-tenths percent (0.029), and provided further that the foundation amount for the two thousand seven--two thousand eight school year shall be five thousand two hundred fifty-eight dollars, and provided further that for the two thousand seven--two thou- sand eight through two thousand fifteen--two thousand sixteen school years, the foundation amount shall be further adjusted by the phase-in foundation percent established pursuant to paragraph b of this subdivi- sion. (2) The regional cost index shall reflect an analysis of labor market costs based on median salaries in professional occupations that require similar credentials to those of positions in the education field, but not including those occupations in the education field, provided that the regional cost indices for the two thousand seven--two thousand eight school year and thereafter shall be as follows: Labor Force Region Index Capital District 1.124 Southern Tier 1.045 Western New York 1.091 Hudson Valley 1.314 Long Island/NYC 1.425 Finger Lakes 1.141 Central New York 1.103 Mohawk Valley 1.000 North Country 1.000 (3) The pupil need index shall equal the sum of one plus the extraor- dinary needs percent, provided, however, that the pupil need index shall not be less than one nor more than two. The extraordinary needs percent shall be calculated pursuant to paragraph w of subdivision one of this section. (4) The expected minimum local contribution shall equal the lesser of (i) the product of (A) the quotient arrived at when the selected actual valuation is divided by total wealth foundation pupil units, multiplied by (B) the product of the local tax factor, multiplied by the income wealth index, or (ii) the product of (A) the product of the foundation amount, the regional cost index, and the pupil need index, multiplied by (B) the positive difference, if any, of one minus the state sharing ratio for total foundation aid. The local tax factor shall be estab- lished by May first of each year by determining the product, computed to four decimal places without rounding, of ninety percent multiplied by the quotient of the sum of the statewide average tax rate as computed by the commissioner for the current year in accordance with the provisions of paragraph e of subdivision one of section thirty-six hundred nine-e of this part plus the statewide average tax rate computed by the commis- sioner for the base year in accordance with such provisions plus the statewide average tax rate computed by the commissioner for the year prior to the base year in accordance with such provisions, divided by three, provided however that for the two thousand seven--two thousand eight school year, such local tax factor shall be sixteen thousandths (0.016), and provided further that for the two thousand eight--two thou- sand nine school year, such local tax factor shall be one hundred fifty-four ten thousandths (0.0154). The income wealth index shall be calculated pursuant to paragraph d of subdivision three of this section, provided, however, that for the purposes of computing the expected mini- mum local contribution the income wealth index shall not be less than sixty-five percent (0.65) and shall not be more than two hundred percent (2.0) and provided however that such income wealth index shall not be A. 8556--C 11 more than ninety-five percent (0.95) for the two thousand eight--two thousand nine school year, and provided further that such income wealth index shall not be less than zero for the two thousand thirteen--two thousand fourteen school year. The selected actual valuation shall be calculated pursuant to paragraph c of subdivision one of this section. Total wealth foundation pupil units shall be calculated pursuant to paragraph h of subdivision two of this section. b. Phase-in foundation increase. (1) The phase-in foundation increase shall equal the product of the phase-in foundation increase factor multiplied by the positive difference, if any, of (i) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less (ii) the total foundation aid base [for aid payable in the two thousand eleven--two thousand twelve school year] computed pursuant to paragraph j of subdivision one of this section. (2) The phase-in foundation percent shall equal one hundred thirteen and fourteen one hundredths percent (1.1314) for the two thousand eleven--two thousand twelve school year, one hundred ten and thirty- eight hundredths percent (1.1038) for the two thousand twelve--two thou- sand thirteen school year, one hundred seven and sixty-eight hundredths percent (1.0768) for the two thousand thirteen--two thousand fourteen school year, one hundred five and six hundredths percent (1.0506) for the two thousand fourteen--two thousand fifteen school year, and one hundred two and five tenths percent (1.0250) for the two thousand fifteen--two thousand sixteen school year. For the two thousand eleven--two thousand twelve school year, the phase-in foundation increase factor shall equal thirty-seven and one- half percent (0.375) and the phase-in due minimum percent shall equal nineteen and forty-one hundredths percent (0.1941), for the two thousand twelve--two thousand thirteen school year the phase-in foundation increase factor shall equal one and seven-tenths percent (0.017), for the two thousand thirteen--two thousand fourteen school year the phase- in foundation increase factor shall equal (1) for a city school district in a city having a population of one million or more, five and twenty- three hundredths percent (0.0523) or (2) for all other school districts zero percent, [and] for the two thousand fourteen--two thousand fifteen school year THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL (1) FOR A SCHOOL DISTRICT FOR WHICH THE QUOTIENT OF THE NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON THE MOST RECENT DECENNIAL CENSUS AS TABULATED BY THE NATIONAL CENTER ON EDUCATION STATISTICS, WHO WERE ENROLLED IN PUBLIC SCHOOLS AND WHOSE FAMILIES HAD INCOMES BELOW THE POVERTY LEVEL, DIVIDED BY THE TOTAL NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON SUCH DECEN- NIAL CENSUS, WHO WERE ENROLLED IN PUBLIC SCHOOLS, COMPUTED TO FOUR DECI- MALS WITHOUT ROUNDING IS GREATER THAN TWENTY-FIVE PERCENT (0.25) AND THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPAR- AGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION IS GREATER THAN FIFTY, SIX AND SIXTY-SEVEN HUNDREDTHS PERCENT (0.0667) OR (2) FOR ALL OTHER SCHOOL DISTRICTS FIVE AND SEVENTY-THREE HUNDREDTHS PERCENT (0.0573), AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR and thereafter the commissioner shall annually determine the phase- in foundation increase factor subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein. A. 8556--C 12 b-1. Notwithstanding any other provision of law to the contrary, for the two thousand seven--two thousand eight school year and thereafter, the additional amount payable to each school district pursuant to this subdivision in the current year as total foundation aid, after deducting the total foundation aid base, shall be deemed a state grant in aid identified by the commissioner for general use for purposes of section seventeen hundred eighteen of this chapter. c. Public excess cost aid setaside. Each school district shall set aside from its total foundation aid computed for the current year pursu- ant to this subdivision an amount equal to the product of: (i) the difference between the amount the school district was eligible to receive in the two thousand six--two thousand seven school year pursuant to or in lieu of paragraph six of subdivision nineteen of this section as such paragraph existed on June thirtieth, two thousand seven, minus the amount such district was eligible to receive pursuant to or in lieu of paragraph five of subdivision nineteen of this section as such para- graph existed on June thirtieth, two thousand seven, in such school year, and (ii) the sum of one and the percentage increase in the consum- er price index for the current year over such consumer price index for the two thousand six--two thousand seven school year, as computed pursu- ant to section two thousand twenty-two of this chapter. Notwithstanding any other provision of law to the contrary, the public excess cost aid setaside shall be paid pursuant to section thirty-six hundred nine-b of this part. S 3-a. Multi year plan. For the 2016--2017 school year the sum of the apportionments due and owing school districts and boards of cooperative educational services from general support for public schools shall be no less than $24,100,000,000 and for the 2017--2018 school year such appor- tionments shall be no less than $25,300,000,000 subject to the avail- ability of appropriations. Such amounts shall be used to eliminate the gap elimination adjustment, accelerate the phase-in of the foundation aid formula, continue the expansion of full-day universal prekindergar- ten and to fully fund apportionments pursuant to section 3602 and section 3641 of the education law. Additional revenue from commercial gaming may also be made available to supplement apportionments to school districts for the purposes identified in this section. S 4. The opening paragraph of section 3609-a of the education law, as amended by section 14 of part A of chapter 57 of the laws of 2013, 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 THIRTEEN--TWO THOUSAND FOURTEEN 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- A. 8556--C 13 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 thirteen--two thousand fourteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts [entitled "SA131-4"] PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN AID TO LOCALITIES BUDGET. S 4-a. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of section 3602 of the education law, as amended by section 13-a of part A of chapter 57 of the laws of 2013, is amended to read as follows: (c) At the end of each ten year segment of an assumed amortization established pursuant to subparagraphs two, three and four of this para- graph, or in the [two thousand fourteen -- two thousand fifteen] TWO THOUSAND FIFTEEN -- TWO THOUSAND SIXTEEN school year in the case of assumed amortizations whose ten year segment ends prior to such school year, the commissioner shall revise the remaining scheduled semiannual payments of the outstanding principal and interest of such assumed amor- tization, other than the outstanding principal and interest of refunding bonds where the district can demonstrate to the commissioner that it is precluded by state or federal law, rule or regulation from refinancing such outstanding principal and interest, based on the interest rates applicable for the current year if the difference of the interest rate upon which the existing assumed amortization is based minus such inter- est rate applicable for the current year is equal to or greater than one quarter of one-one hundredth. Provided however, in the case of assumed amortization whose ten year segment ended prior to the [two thousand fourteen -- two thousand fifteen] TWO THOUSAND FIFTEEN -- TWO THOUSAND SIXTEEN school year the next ten year segment shall be deemed to commence with the [two thousand fourteen -- two thousand fifteen] TWO THOUSAND FIFTEEN -- TWO THOUSAND SIXTEEN school year. The department shall notify school districts of projects subject to the provisions of this clause by no later than December first next preceding the school year in which the assumed amortization is scheduled to be revised pursu- ant to this clause. S 5. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 15 of part A of chapter 57 of the laws of 2013, 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 A. 8556--C 14 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 thirteen--two thousand fourteen] TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN. S 6. The education law is amended by adding a new section 3613 to read as follows: S 3613. SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES. 1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE PURSUANT TO SECTIONS FIFTEEN HUNDRED ELEVEN THROUGH FIFTEEN HUNDRED THIRTEEN, FIFTEEN HUNDRED TWENTY-FOUR, FIFTEEN HUNDRED TWENTY-SIX, SEVENTEEN HUNDRED FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE, THE REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE AREAS SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN- IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE BOARDS OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS PARTICIPAT- ING IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT DEFERRED FOR A ONE-YEAR PERIOD AND/OR PHASED-IN OVER A PERIOD AS MAY BE DETER- MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS IN THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH SHALL NOT EXCEED A TEN-YEAR PERIOD. TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA- TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING A PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS PRIOR TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE HELD, TO DEFER AND/OR PHASE-IN THE IMPACT AS PROVIDED HEREIN. IF THE BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES NOT APPROVE SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN PERIOD, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY. 2. DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH PORTION OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (C) DIVIDE THE PRODUCT SO DETERMINED BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE FIRST SCHOOL YEAR OF THE REORGANIZED SCHOOL DISTRICT. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THAT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. A. 8556--C 15 3. DURING EACH YEAR OF A PHASE-IN PERIOD, WHOSE DURATION UP TO TEN YEARS SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF THE CONSTITUENT SCHOOL DISTRICTS, THE TAX RATE FOR EACH PORTION OF THE REORGANIZED SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE RESULT IS THE BASE FULL VALUE TAX RATE OF THE PORTION. (C) DETERMINE THE ASSESSED VALUE TAX RATE THAT WOULD HAVE APPLIED IN THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION. (D) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE THAT WOULD HAVE APPLIED FOR THE CURRENT SCHOOL YEAR BUT FOR THE PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE FOR THE PORTION. (E) DETERMINE THE DIFFERENCE BETWEEN THE TARGET FULL VALUE TAX RATE AND THE BASE FULL VALUE TAX RATE FOR THE PORTION. (F) DIVIDE THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER OF YEARS IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT. (G) MULTIPLY THE QUOTIENT SO DETERMINED BY THE NUMBER OF YEARS FROM THE BEGINNING OF THE PHASE-IN PERIOD UP TO AND INCLUDING THE YEAR FOR WHICH THE TAX RATE IS BEING DETERMINED. (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE. (I) DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION RATE. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THE CURRENT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. 4. AS USED HEREIN THE TERM "PORTION" MEANS THAT PART OF AN ASSESSING UNIT LOCATED WITHIN A SCHOOL DISTRICT. S 7. Section 3627 of the education law, as added by section 23 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 3627. Transportation after 4pm. 1. Notwithstanding any other provisions of this section to the contrary, for the two thousand thir- teen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school year AND EACH YEAR THEREAFTER, a city school district located in a city having a population of one million or more providing transportation pursuant to this chapter shall be responsible for: (a) providing transportation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half-past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two or (b) reimbursing the cost incurred by licensed transportation carriers pursuant to contracts with such school district for providing transpor- A. 8556--C 16 tation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half- past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two. 2. Nothing herein shall prohibit the school district from reimbursing for costs incurred for contracts between the school district and any entity providing or contracting for such transportation service. 3. A district shall not be deemed to have satisfied its obligation under this section by providing public service transportation. 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN- -TWO THOUSAND FIFTEEN school year AND THEREAFTER and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty- six hundred two of this article shall be considered approved transporta- tion expenses eligible for transportation aid, provided further that such aid shall be limited to five million six hundred thousand dollars. And provided further that such expenditures eligible for aid under this section shall supplement not supplant local expenditures for such trans- portation in the two thousand twelve--two thousand thirteen school year. 5. Notwithstanding any other provision of this section to the contra- ry, in no event shall such city school district, in order to comply with the requirements of this section, be required to incur any costs in excess of the amount eligible for transportation aid pursuant to subdi- vision four of this section. In the event such amount is insufficient, the city school district of New York shall provide transportation services within such amount on an equitable basis, until such apportion- ment is exhausted. 6. The chancellor of such school district, in consultation with the commissioner, shall prescribe the most cost effective system for imple- menting the requirements of this section, taking into consideration: (a) the costs associated with paragraphs (a) and (b) of subdivision one of this section, and (b) policies that attempt to maximize student safety for the student to be transported, which for purposes of this section shall include whether the pick up or drop off site of the transportation is: (i) not further than 600 feet from the student's residence; and/or (ii) at the same locations for any family that have children at the same residence who attend two or more different schools. 7. (a) In the event the chancellor has not satisfied a district's obligation under this section, a parent or guardian or any represen- tative authorized by such parent or guardian of a child eligible to receive transportation under this section may request the commissioner to arrange for the provision of the transportation to so satisfy the requirements of this section. (b) If within sixty days of receiving a request from such a parent or guardian or any representative authorized by such parent or guardian, the commissioner determines that the chancellor has not satisfied a district's obligation under this section, then the commissioner shall immediately direct the chancellor to contract with a licensed transpor- tation carrier to provide the transportation required pursuant to this section. A. 8556--C 17 (c) In the event the chancellor is directed by the commissioner to contract with a licensed transportation carrier to provide the transpor- tation required pursuant to this section, the chancellor shall provide the commissioner with a copy of such proposed contract, before it becomes effective, and the commissioner shall have the power to approve, disapprove or require amendments to such contract before it shall become effective. (d) A district, determined by the commissioner to not be in compliance with the requirements of this section, shall be responsible for the cost of any transportation contract awarded by the chancellor. 8. The parent or guardian, or any representative authorized by such parent or guardian, may submit a written request for transportation under this section, in the same manner and upon the same dates as are required for a request for transportation pursuant to subdivision two of section thirty-six hundred thirty-five of this article. S 8. Subdivision 11 of section 3641 of the education law is amended by adding a new paragraph b-1 to read as follows: B-1. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, SIX MILLION DOLLARS SHALL BE PAID PURSUANT TO PARAGRAPH B OF THIS SUBDI- VISION AND THE REMAINING SIX MILLION DOLLARS SHALL BE PAID AFTER THE SUBMISSION OF AN EXPENDITURE PLAN BY THE SUPERINTENDENT OF THE ROOSEVELT UNION FREE SCHOOL DISTRICT TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE AND THE MEMBERS OF THE LEGISLATURE REPRESENTING SUCH SCHOOL DISTRICT. SUCH PLAN SHALL FOCUS ON IMPROVING ACADEMIC PERFORMANCE. S 8-a. Paragraph (t) of subdivision 2 of section 2851 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (t) Procedures to be followed in the case of the closure or dissol- ution of the charter school, including provisions for the transfer of students and student records to the school district in which the charter school is located and for the disposition of the school's assets to the school district in which the charter school is located or another char- ter school located within the school district. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR OF A CHARTER TO THE CONTRARY, SUCH PROCEDURES SHALL ENSURE THAT UPON DISSOLUTION OF A CHARTER SCHOOL, ANY FUNDS REMAINING IN THE POSSESSION OF THE CHARTER SCHOOL THAT CAN BE ATTRIBUTED TO PUBLIC FUNDING, AFTER ALL OF ITS DEBTS AND OBLIGATIONS HAVE BEEN PAID, SHALL BE PAID OVER TO EACH SCHOOL DISTRICT HAVING RESIDENT CHILDREN SERVED BY THE CHARTER SCHOOL IN THE SCHOOL YEAR IN WHICH THE CHARTER WAS DISSOLVED OR THE LAST YEAR IN WHICH STUDENTS WERE ENROLLED IN THE CHARTER SCHOOL, IN THE SAME PROPORTION AS THE NUMBER OF STUDENTS PLACED BY EACH SCHOOL DISTRICT AND SERVED BY THE CHARTER SCHOOL IN THE LAST SCHOOL YEAR IN WHICH CHILDREN WERE SERVED BY THE CHARTER SCHOOL, BEARS TO THE TOTAL NUMBER OF STUDENTS SERVED BY THE CHARTER SCHOOL IN SUCH SCHOOL YEAR. PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE A CHARTER SCHOOL TO PAY TO SUCH DISTRICTS ANY REMAINING FUNDS THAT CAN BE ATTRIBUTED TO GIFTS, DONATIONS, GRANTS OR OTHER AUTHORIZED CHARITABLE CONTRIBUTIONS. S 8-b. Subdivision 41 of section 3602 of the education law, as added by section 18 of part B of chapter 57 of the laws of 2007, the subdivi- sion heading and opening paragraph as amended by section 20 of part B of chapter 57 of the laws of 2008, is amended to read as follows: 41. Transitional aid for charter school payments. A. In addition to any other apportionment under this section, for the two thousand seven- -two thousand eight school year and thereafter, a school district other A. 8556--C 18 than a city school district in a city having a population of one million or more shall be eligible for an apportionment in an amount equal to the sum of: (a) the product of (i) the product of eighty percent multiplied by the charter school basic tuition computed for such school district for the base year pursuant to section twenty-eight hundred fifty-six of this chapter, multiplied by (ii) the positive difference, if any, of the number of resident pupils enrolled in the charter school in the base year less the number of resident pupils enrolled in a charter school in the year prior to the base year, provided, however, that a school district shall be eligible for an apportionment pursuant to this [para- graph] CLAUSE only if the number of its resident pupils enrolled in charter schools in the base year exceeds two percent of the total resi- dent public school district enrollment of such school district in the base year or the total general fund payments made by such district to charter schools in the base year for resident pupils enrolled in charter schools exceeds two percent of total general fund expenditures of such district in the base year, plus (b) the product of (i) the product of sixty percent multiplied by the charter school basic tuition computed for such school district for the base year pursuant to section twenty-eight hundred fifty-six of this chapter, multiplied by (ii) the positive difference, if any, of the number of resident pupils enrolled in the charter school in the year prior to the base year less the number of resident pupils enrolled in a charter school in the year two years prior to the base year, provided, however, that a school district shall be eligible for an apportionment pursuant to this [paragraph] CLAUSE only if the number of its resident pupils enrolled in charter schools in the year prior to the base year exceeds two percent of the total resident public school district enroll- ment of such school district in the year prior to the base year or the total general fund payments made by such district to charter schools in the year prior to the base year for resident pupils enrolled in charter schools exceeds two percent of the total general fund expenditures of such district in the year prior to the base year, plus (c) the product of (i) the product of forty percent multiplied by the charter school basic tuition computed for such school district for the base year pursuant to section twenty-eight hundred fifty-six of this chapter, multiplied by (ii) the positive difference, if any, of the number of resident pupils enrolled in the charter school in the year two years prior to the base year less the number of resident pupils enrolled in a charter school in the year three years prior to the base year, provided, however, that a school district shall be eligible for an apportionment pursuant to this [paragraph] CLAUSE only if the number of its resident pupils enrolled in charter schools in the year two years prior to the base year exceeds two percent of the total resident public school district enrollment of such school district in the year two years prior to the base year or the total general fund payments made by such district to charter schools in the year two years prior to the base year for resident pupils enrolled in charter schools exceeds two percent of the total general fund expenditures of such district in the year two years prior to the base year, PLUS (D) FOR A TIER 4 ELIGIBLE SCHOOL DISTRICT, THE PRODUCT OF THE NUMBER OF RESIDENT PUPILS ENROLLED IN THE CHARTER SCHOOL FOR THE BASE YEAR MULTIPLIED BY THE SATURATION CHARTER TUITION AMOUNT. B. FOR THE PURPOSES OF THIS SUBDIVISION A "TIER 4 ELIGIBLE SCHOOL DISTRICT" SHALL BE A SCHOOL DISTRICT WITH GREATER THAN ONE THOUSAND BASE A. 8556--C 19 YEAR RESIDENT PUPILS ENROLLED IN A CHARTER SCHOOL WHERE THE QUOTIENT OF THE BASE YEAR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS DIVIDED BY THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT, IS EIGHTEEN PERCENT OR MORE, BASED ON DATA ON FILE WITH THE COMMISSIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA FILE ON FEBRUARY FIFTEENTH OF THE BASE YEAR PURSUANT TO PARAGRAPH B OF SUBDIVI- SION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER. C. FOR THE PURPOSES OF THIS SUBDIVISION THE "SATURATION CHARTER TUITION AMOUNT" SHALL BE THIRTEEN PERCENT (.13) MULTIPLIED BY THE CHAR- TER SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL DISTRICT FOR THE BASE YEAR MULTIPLIED BY THE STATE SHARING RATIO AS COMPUTED PURSUANT TO PARA- GRAPH G OF SUBDIVISION THREE OF THIS SECTION. [(d)] D. For purposes of this subdivision the number of pupils enrolled in a charter school shall not include pupils enrolled in a charter school for which the charter was approved by a charter entity contained in paragraph a of subdivision three of section twenty-eight hundred fifty-one of this chapter. S 8-c. Paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 5 of part A of chapter 57 of the laws of 2013, is amended to read as follows: (a) The enrollment of students attending charter schools shall be included in the enrollment, attendance, membership and, if applicable, count of students with disabilities of the school district in which the pupil resides. The charter school shall report all such data to the school districts of residence in a timely manner. Each school district shall report such enrollment, attendance and count of students with disabilities to the department. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the school district the charter school basic tuition, which shall be: (i) for school years prior to the two thousand nine--two thousand ten school year and for school years following the [two thousand thirteen-- two thousand fourteen] TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school year, an amount equal to one hundred percent of the amount calcu- lated pursuant to paragraph f of subdivision one of section thirty-six hundred two of this chapter for the school district for the year prior to the base year increased by the percentage change in the state total approved operating expense calculated pursuant to paragraph t of subdi- vision one of section thirty-six hundred two of this chapter from two years prior to the base year to the base year; (ii) for the two thousand nine--two thousand ten school year, the charter school basic tuition shall be the amount payable by such district as charter school basic tuition for the two thousand eight--two thousand nine school year; (iii) for the two thousand ten--two thousand eleven through two thou- sand thirteen--two thousand fourteen school years, the charter school basic tuition shall be the basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph; AND (IV) FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION SHALL BE THE LESSER OF THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR THE AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR. A. 8556--C 20 S 8-d. Paragraph (a) of subdivision 1 of section 2856 of the education law, as amended by section 6 of part A of chapter 57 of the laws of 2013, is amended to read as follows: (a) The enrollment of students attending charter schools shall be included in the enrollment, attendance and, if applicable, count of students with disabilities of the school district in which the pupil resides. The charter school shall report all such data to the school districts of residence in a timely manner. Each school district shall report such enrollment, attendance and count of students with disabili- ties to the department. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the school district the charter school basic tuition which shall be: (i) for school years prior to the two thousand nine--two thousand ten school year and for school years following the [two thousand thirteen-- two thousand fourteen] TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school year, an amount equal to one hundred percent of the amount calcu- lated pursuant to paragraph f of subdivision one of section thirty-six hundred two of this chapter for the school district for the year prior to the base year increased by the percentage change in the state total approved operating expense calculated pursuant to paragraph t of subdi- vision one of section thirty-six hundred two of this chapter from two years prior to the base year to the base year; (ii) for the two thousand nine--two thousand ten school year, the charter school basic tuition shall be the amount payable by such district as charter school basic tuition for the two thousand eight--two thousand nine school year; (iii) for the two thousand ten--two thousand eleven through two thou- sand thirteen--two thousand fourteen school years, the charter school basic tuition shall be the basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph; AND (IV) FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION SHALL BE THE LESSER OF THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR THE AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR. S 9. Subdivision 6 of section 4402 of the education law, as amended by section 21 of part A of chapter 57 of the laws of 2013, 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 [fourteen] FIFTEEN of the two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school year, be authorized to increase class sizes in special classes contain- ing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commis- A. 8556--C 21 sioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regu- lations 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. S 10. Notwithstanding any other law to the contrary, tuition rates approved pursuant to paragraph c of subdivision 4 of section 4405 of the education law for the 2014--2015 school year for special services or programs provided to school-age students by approved private residential or non-residential schools for the education of students with disabili- ties that are located within the state, and by special act school districts shall increase by an amount equal to 3 percent of direct care costs. S 10-a. Notwithstanding any other law to the contrary, tuition rates approved pursuant to paragraph c of subdivision 4 of section 4405 of the education law for the two thousand sixteen--two thousand seventeen school year for special services or programs provided to school-age students by approved private residential or non-residential schools for the education of students with disabilities that are located within the state, and by special act school districts shall increase by an amount equal to three percent of direct care costs. S 11. Subparagraph (i) of paragraph a of subdivision 10 of section 4410 of the education law, as amended by chapter 82 of the laws of 1995, is amended to read as follows: (i) (A) Commencing with the nineteen hundred ninety--ninety-one school year, the commissioner shall annually determine the tuition rate for approved services or programs provided to preschool children pursuant to this section. Such rates for providers of such services and programs shall be determined in conformance with a methodology established pursu- ant to subdivision four of section forty-four hundred five of this arti- cle after consultation with and a review of an annual report prepared by the advisory committee established pursuant to paragraph a of subdivi- sion twelve of this section and shall be subject to the approval of the director of the budget. Notwithstanding any other provision of law, rule or regulation to the contrary, tuition rates established for the nine- teen hundred ninety-five--ninety-six school year shall exclude the two A. 8556--C 22 percent cost of living adjustment authorized in rates established for the nineteen hundred ninety-four--ninety-five school year. (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL EDUCATION ITINERANT SERVICES BASED ON APPROVED ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA- TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON THE ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES. S 11-a. Notwithstanding any provision of the law to the contrary, for the Liverpool central school district in Onondaga county, for total penalties in excess of $5 million arising from the late filing of a final cost report pursuant to section 31 of part A of chapter 57 of the laws of 2012 the commissioner of education shall recover such penalties in ten equal annual installments beginning the later of June 2015 or June of the school year in which such district is notified of the penal- ty. Provided further that such district may elect to make an initial payment no later than thirty days in advance of the first annual installment which shall reduce the amount of each annual installment. S 12. 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 27 of part A of chapter 57 of the laws of 2013, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section [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, reimbursement] 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, 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, [and] reimbursement for the 2013--2014 school year shall not exceed 62.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and sixty-five cents per contact hour, AND REIMBURSEMENT FOR THE 2014--2015 SCHOOL YEAR SHALL NOT EXCEED 61.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS PER CONTACT HOUR where a contact hour represents sixty minutes of instruc- tion services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, [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; wher- eas 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; whereas for the 2013--2014 school year such contact hours shall not exceed one million six hundred forty-nine thousand seven hundred forty-six (1,649,746) hours; WHEREAS FOR THE 2014--2015 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SIX HUNDRED TWEN- TY-FIVE THOUSAND (1,625,000) HOURS. Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school A. 8556--C 23 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 13. 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 s to read as follows: S. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2014--2015 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 14. 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 29 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2014] 2015. S 14-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 25 of part A of chapter 57 of the laws of 2013, is amended to read as follows: a-1. Notwithstanding the provisions of paragraph a of this subdivi- sion, for aid payable in the school years two thousand--two thousand one through two thousand nine--two thousand ten, and two thousand eleven-- two thousand twelve through two thousand [thirteen] FOURTEEN--two thou- sand [fourteen] FIFTEEN, the commissioner may set aside an amount not to exceed two million five hundred thousand dollars from the funds appro- priated for purposes of this subdivision for the purpose of serving persons twenty-one years of age or older who have not been enrolled in any school for the preceding school year, including persons who have received a high school diploma or high school equivalency diploma but fail to demonstrate basic educational competencies as defined in regu- lation by the commissioner, when measured by accepted standardized tests, and who shall be eligible to attend employment preparation educa- tion programs operated pursuant to this subdivision. S 14-b. Subdivision 10 of section 6-p of the general municipal law, as amended by section 32-a of part A of chapter 57 of the laws of 2013, is amended to read as follows: 10. Notwithstanding any provision of law to the contrary, the govern- ing board of a school district may, during the [two thousand thirteen-- two thousand fourteen] TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school year, authorize a withdrawal from this fund in an amount not to exceed the lesser of: (a) the dollar value of excess funding in the fund as determined by the comptroller pursuant to section thirty-three of this chapter or (b) the amount of the school district's remaining gap elimination adjustment as calculated by the commissioner of education pursuant to subdivision seventeen of section thirty-six hundred two of the education law. Funds withdrawn pursuant to this subdivision may only be used for the purpose of maintaining educational programming during the [two thousand thirteen--two thousand fourteen] TWO THOUSAND FOUR- A. 8556--C 24 TEEN--TWO THOUSAND FIFTEEN school year which otherwise would have been reduced as a result of such gap elimination adjustment. Governing boards which make such a withdrawal shall submit, in a form prescribed by the commissioner of education, relevant information about the withdrawal, which shall include but not be limited to, the amount of such with- drawal, the date of withdrawal, and the use of such withdrawn funds. S 15. 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 30 of part A of chapter 57 of the laws of 2013, 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, [2015] 2016. S 16. 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 31 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015 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] TWENTY-FOUR of this act shall be deemed to be repealed on and after July 1, [2014] 2015; S 17. Subdivision 8 of section 4401 of the education law, as amended by section 25-a of part A of chapter 57 of the laws of 2013, is amended to read as follows: 8. "School district basic contribution" shall mean an amount equal to the total school district local property and non-property tax levy for the base year divided by the base year public school district enrollment of resident pupils of the school district as defined in paragraph n of subdivision one of section thirty-six hundred two of this chapter, except that for the two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school year AND THEREAFTER, for school districts other than central high school districts and their components, such tax levy for the base year shall be divided by the year prior to the base year pupil count as determined by the commissioner pursuant to paragraph f of subdivision two of section thirty-six hundred two of this chapter for any school district in which such year prior to the base year pupil count exceeds one hundred fifty percent of such base year public school district enrollment of resident pupils. A. 8556--C 25 S 17-a. Subdivision 11 of section 94 of part C of chapter 57 of the laws of 2004, relating to support of education, as amended by chapter 160 of the laws of 2011, is amended to read as follows: 11. section seventy-one of this act shall expire and be deemed repealed June 30, [2014] 2017; S 18. 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 32 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015 when upon such date the provisions of this act shall be deemed repealed. S 19. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provisions 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 33 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015. S 20. 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 34 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015. S 20-a. Notwithstanding any provision of the law to the contrary, for purposes of computing state aid pursuant to section 3602 of the educa- tion law for the 2014--2015 school year for any school district in which the adjusted gross income for the 2011 calendar year exceeds the adjusted gross income for the 2010 calendar year by greater than fifty percent but less than one hundred percent, "adjusted gross income" shall mean the adjusted gross income of a school district for the calendar year four years prior to the calendar year in which the current year commences. The income data shall be computed in accordance with regu- lations adopted by the commissioner of taxation and finance based upon personal income tax returns for the calendar year three years prior to the calendar year in which the current school year commences, as reported to such commissioner by September of the base year, including the results of the permanent computerized statewide school district address match and income verification system. S 20-b. Notwithstanding any other law to the contrary, for the Marl- boro school district located in Ulster county for the purposes of computing apportionments due and owing in the 2014--2015 and 2015--2016 school years "Actual valuation" shall mean the valuation of taxable real property in a school district obtained by taking the assessed valuation of taxable real property within such district as it appears upon the assessment roll of the town, city, village, or county in which such property is located, for the calendar year one year prior to the year in which the base year commenced, after revision as provided by law, and dividing it by the state equalization rate as determined by the state board of equalization and assessment, for the assessment roll of such town, city, village, or county completed during such preceding calendar year. Such actual valuation shall include any actual valuation equiv- alent of payments in lieu of taxes determined pursuant to section 485 of A. 8556--C 26 the real property tax law. "Selected actual valuation" shall mean the lesser of actual valuation calculated for aid payable in the current year or the two-year average of the actual valuation calculated for aid payable in the current year and the actual valuation calculated for aid payable in the base year. S 21. The opening paragraph of subdivision 10 of section 3602-e of the education law, as amended by section 10-a of part A of chapter 57 of the laws of 2012, is amended to read as follows: Notwithstanding any provision of law to the contrary, for aid payable in the two thousand eight--two thousand nine school year, the grant to each eligible school district for universal prekindergarten aid shall be computed pursuant to this subdivision, and for the two thousand nine-- two thousand ten and two thousand ten--two thousand eleven school years, each school district shall be eligible for a maximum grant equal to the amount computed for such school district for the base year in the elec- tronic data file produced by the commissioner in support of the two thousand nine--two thousand ten education, labor and family assistance budget, provided, however, that in the case of a district implementing programs for the first time or implementing expansion programs in the two thousand eight--two thousand nine school year where such programs operate for a minimum of ninety days in any one school year as provided in section 151-1.4 of the regulations of the commissioner, for the two thousand nine--two thousand ten and two thousand ten--two thousand elev- en school years, such school district shall be eligible for a maximum grant equal to the amount computed pursuant to paragraph a of subdivi- sion nine of this section in the two thousand eight--two thousand nine school year, and for the two thousand eleven--two thousand twelve school year each school district shall be eligible for a maximum grant equal to the amount set forth for such school district as "UNIVERSAL PREKINDER- GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", and for two thousand twelve--two thousand thirteen [and], two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school years each school district shall be eligible for a maximum grant equal to the greater of (i) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the enacted budget for the 2011-12 school year and entitled "SA111-2", or (ii) the amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner on May fifteenth, two thousand eleven pursuant to paragraph b of subdivision twenty-one of section three hundred five of this chapter, and provided further that the maximum grant shall not exceed the total actual grant expenditures incurred by the school district in the current school year as approved by the commissioner. S 21-a. Section 3641 of the education law is amended by adding a new subdivision 16 to read as follows: 16. FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE-KINDERGARTEN PHASE-IN GRANTS. WITHIN THE AMOUNTS APPROPRIATED FOR SUCH PURPOSE THE COMMISSION- ER SHALL AWARD GRANTS TO SCHOOL DISTRICTS TO EXPAND PRE-KINDERGARTEN AND FULL-DAY KINDERGARTEN. A. GRANTS MAY BE AWARDED TO ESTABLISH NEW FULL- DAY AND/OR TO CONVERT EXISTING HALF-DAY PRE-KINDERGARTEN PLACEMENTS OR HALF-DAY KINDERGARTEN PLACEMENTS INTO FULL-DAY PLACEMENTS; PROVIDED THAT: A. 8556--C 27 (1) GRANTS AWARDED FOR THE CREATION OF NEW FULL-DAY PRE-KINDERGARTEN PLACEMENTS OR THE CONVERSION OF EXISTING HALF-DAY PRE-KINDERGARTEN PLACEMENTS INTO FULL-DAY PRE-KINDERGARTEN PLACEMENTS SHALL CONTINUE IN SUBSEQUENT SCHOOL YEARS SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS; (2) GRANTS NOT AWARDED FROM ANNUAL ALLOCATIONS SHALL REMAIN AVAILABLE FOR SUBSEQUENT AWARDS FOR FULL-DAY PRE-KINDERGARTEN OR FULL-DAY KINDER- GARTEN CONVERSION GRANTS IN SUBSEQUENT SCHOOL YEARS; AND (3) THE COMPTROLLER SHALL, ANNUALLY, UPON DIRECTION OF THE COMMISSION- ER WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TRANSFER AN AMOUNT EQUAL TO THE SUM OF THE GRANTS AMOUNTS NOT AWARDED FROM ANNUAL ALLO- CATIONS FOR FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE-KINDERGARTEN AND FULL-DAY KINDERGARTEN CONVERSION PHASE-IN GRANTS FROM THE GENERAL FUND TO THE FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE-KINDERGARTEN PHASE-IN RESERVE FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-PPPP OF THE STATE FINANCE LAW. FUNDS TRANSFERRED TO THE FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE-KINDERGARTEN PHASE-IN RESERVE FUND SHALL ONLY BE MADE AVAILABLE, PAID OVER AND DISTRIBUTED FOR FULL-DAY PRE-KINDERGARTEN AND FULL-DAY KINDERGARTEN CONVERSION GRANTS PURSUANT TO THIS SUBDIVISION IN SUBSEQUENT SCHOOL YEARS. B. AWARD CRITERIA SHALL INCLUDE THE FOLLOWING: (1) MEASURES OF SCHOOL DISTRICT NEED; (2) MEASURES OF THE NEED OF STUDENTS TO BE SERVED BY EACH OF THE SCHOOL DISTRICTS; (3) THE SCHOOL DISTRICT'S PROPOSAL TO TARGET THE HIGHEST NEED SCHOOLS AND STUDENTS; (4) THE EXTENT TO WHICH THE DISTRICT WOULD PRIORITIZE FUNDS TO MAXI- MIZE THE TOTAL NUMBER OF ELIGIBLE CHILDREN IN THE DISTRICT SERVED IN PRE-KINDERGARTEN PROGRAMS; AND (5) PROPOSAL QUALITY. C. GRANTS SHALL ONLY BE AVAILABLE TO SUPPORT PROGRAMS: (1) THAT PROVIDE INSTRUCTION FOR AT LEAST FIVE HOURS PER SCHOOL DAY FOR FULL-DAY PRE-KINDERGARTEN OR KINDERGARTEN PROGRAMS; (2) THAT ENSURE THAT, TO THE EXTENT COMMUNITY-BASED PROVIDERS ARE PART OF A PRE-KINDERGARTEN PROGRAM, SUCH PROVIDERS MEET THE REQUIREMENTS OF PARAGRAPHS D-1 AND D-2 OF SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED TWO-E OF THIS ARTICLE; (3) THAT IN THE CASE OF PRE-KINDERGARTEN PROGRAMS OTHERWISE COMPLY WITH ALL OF THE SAME RULES AND REQUIREMENTS AS UNIVERSAL PRE-KINDERGAR- TEN PROGRAMS PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-E OF THIS ARTI- CLE EXCEPT AS MODIFIED HEREIN; AND (4) THAT SUPPLEMENT, NOT SUPPLANT EXISTING KINDERGARTEN AND PRE-KIN- DERGARTEN PROGRAMS. D. A SCHOOL DISTRICT'S PRE-KINDERGARTEN GRANT SHALL EQUAL THE PRODUCT OF (A) (I) TWO MULTIPLIED BY THE APPROVED NUMBER OF NEW FULL-DAY PRE-KINDERGARTEN PLACEMENT PLUS (II) THE APPROVED NUMBER OF HALF-DAY PRE-KINDERGARTEN AND HALF-DAY KINDERGARTEN PLACEMENT CONVERSIONS AND (B) THE DISTRICT'S SELECTED AID PER PRE-KINDERGARTEN PUPIL PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH B OF SUBDIVISION TEN OF SECTION THIRTY-SIX HUNDRED TWO-E OF THIS ARTICLE; PROVIDED, HOWEVER, THAT NO DISTRICT SHALL RECEIVE A GRANT IN EXCESS OF THE TOTAL ACTUAL GRANT EXPENDITURES INCURRED BY THE DISTRICT IN THE CURRENT SCHOOL YEAR AS APPROVED BY THE COMMISSIONER AND PROVIDED FURTHER, FULL-DAY KINDERGARTEN CONVERSION PLACEMENTS FUNDED PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE TO RECEIVE AN APPORTIONMENT PURSUANT TO SUBDIVISION NINE OF SECTION THIR- TY-SIX HUNDRED TWO OF THIS ARTICLE. A. 8556--C 28 S 21-b. The state finance law is amended by adding a new section 97-pppp to read as follows: S 97-PPPP. FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE-KINDERGARTEN PHASE-IN RESERVE FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND, TO BE KNOWN AS THE "FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE- KINDERGARTEN PHASE-IN RESERVE FUND". 2. SUCH FUND SHALL CONSIST OF MONEYS TRANSFERRED FROM THE GENERAL FUND PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH A OF SUBDIVISION SIXTEEN OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION LAW. MONEYS IN THE FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE-KINDERGARTEN PHASE-IN RESERVE FUND SHALL ONLY BE MADE AVAILABLE, PAID OVER AND DISTRIBUTED FOR FULL-DAY PRE-KINDERGARTEN AND FULL-DAY KINDERGARTEN CONVERSION GRANTS TO SCHOOL DISTRICTS PURSUANT TO SUCH SUBDIVISION SIXTEEN OF SECTION THIR- TY-SIX HUNDRED FORTY-ONE OF THE EDUCATION LAW IN SUBSEQUENT SCHOOL YEARS. S 22. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2014--2015 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational 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 23. Section 37 of part A of chapter 57 of the laws of 2013, relating to school district eligibility relating to state aid to the public schools and implementation of the education, labor and family assistance budget for the 2013-14 state fiscal year, is amended to read as follows: S 37. 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, 2014 and not later than the last day of the third full business week of June, 2014, 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, 2014, for salary expenses incurred between April 1 and June 30, 2014 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 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--2012 as determined by the commis- sioner of education pursuant to subdivision 17 of section 3602 of the education law, PLUS (VI) THE GAP ELIMINATION ADJUSTMENT FOR 2012-2013 AS DETERMINED BY THE COMMISSIONER OF EDUCATION PURSUANT TO SUBDIVISION 17 OF SECTION 3602 OF THE EDUCATION LAW FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN 195,000 INHABITANTS AND LESS THAN 219,000 INHABITANTS ACCORDING TO THE LATEST FEDERAL CENSUS, and provided further that such apportionment shall not exceed such salary expenses. A. 8556--C 29 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 23-a. 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, 2015 and not later than the last day of the third full business week of June, 2015, 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, 2015, for salary expenses incurred between April 1 and June 30, 2015 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 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--2012 as determined by the commis- sioner of education pursuant to subdivision 17 of section 3602 of the A. 8556--C 30 education law, plus (vi) the gap elimination adjustment for 2012-13 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education 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 resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhab- itants, 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 the 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 24. 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, 2015, 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, 2015 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 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. A. 8556--C 31 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 reminder 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 25. 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 26. 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 A. 8556--C 32 such board for the 2014--2015 school year, as a non-component school district, services required by article 19 of the education law. S 27. The amounts specified in this section shall be a set aside from the state funds which each such district is receiving from the total foundation aid: for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs for the 2014--2015 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, twenty-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). Notwithstanding the provisions 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 instructional or instructional support costs associ- ated with implementation of an alternative approach to reduction of racial isolation and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations 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. For the purpose of attendance improvement and dropout prevention for the 2014--2015 school year, for any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2014--2015 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 A. 8556--C 33 pursuant to the requirements of this subdivision to community-based organizations. Any increase required pursuant to this subdivision to community-based organizations must be in addition to allocations provided to community-based organizations in the base year. For the purpose of teacher support for the 2014--2015 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 section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion 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 distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate 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 28. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2014 enacting the aid to localities budget shall be apportioned for the 2014--2015 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 chapter 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 2014--2015 by a chapter of the laws of 2014 enacting the education, labor and fami- ly 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 29. 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 A. 8556--C 34 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 30. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2014, provided, however, that: 1. Sections one, two, three, three-a, four, five, seven, nine, twelve, thirteen, seventeen, twenty-a, twenty-b, twenty-one-a, twenty-one-b, twenty-two, twenty-six and twenty-seven of this act shall take effect July 1, 2014. 2. The amendments to paragraph b-1 of subdivision 4 of section 3602 of the education law made by section three of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith. 3. Section eight-a of this act shall be deemed to have been in full force and effect on and after July 1, 2013. 4. Section eight-b of this act shall apply to charter school transi- tion aid payable in the 2014-2015 school year and thereafter. 5. Section eight-c of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2010; provided, further, that the amendments to subdivision 1 of section 2856 of the education law made by section eight-c of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section eight-d of this act shall take effect. 6. The amendments to subdivision 6 of section 4402 of the education law made by section nine of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith. 7. Section ten of this act shall take effect July 1, 2014. 8. Section ten-a of this act shall take effect July 1, 2016. 9. Section eleven of this act shall take effect April 1, 2014 and shall first apply to the provision of services and programs pursuant to section 4410 of the education law in the 2015-2016 school year. 10. 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 and thirteen of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 11. Section sixteen of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after the effective date of section 140 of chapter 82 of the laws of 1995. 12. Section twenty-five of this act shall expire and be deemed repealed June 30, 2015. PART B Section 1. The smart schools bond act of 2014 is enacted to read as follows: SMART SCHOOLS BOND ACT OF 2014 Section 1. Short title. 2. Creation of a state debt. 3. Bonds of the state. 4. Use of moneys received. A. 8556--C 35 5. Work performed. Section 1. Short title. This act shall be known and may be cited as the "smart schools bond act of 2014". S 2. Creation of a state debt. The creation of a state debt in an amount not exceeding in the aggregate two billion three hundred seven- teen million dollars ($2,317,000,000) is hereby authorized to provide moneys for the single purpose of improving learning and opportunity in the state by funding capital projects for: (1) public school districts, other than special act school districts, to (i) acquire learning tech- nology equipment or facilities which shall include, but not be limited to, interactive whiteboards, computer servers, and desktop, laptop and tablet computers, (ii) install high-speed broadband or wireless internet connectivity for schools, and (iii) construct, enhance, and modernize educational facilities to accommodate pre-kindergarten programs and construct classroom space to replace transportable classroom units; (2) special act school districts as defined in section 4001 of the education law, state supported schools subject to the provisions of article 85 of the education law and approved private residential and non-residential schools for the education of students with disabilities of school age to (i) acquire learning technology equipment or facilities and (ii) install high-speed broadband or wireless internet connectivity for schools; (3) boards of cooperative educational services to acquire learning technolo- gy equipment or facilities; and (4) nonpublic elementary and secondary school students to acquire learning technology equipment which shall include, but not be limited to, interactive whiteboards, computer serv- ers, and desktop, laptop and tablet computers. The legislature may, by appropriate legislation and subject to such conditions as it may impose, make available out of the proceeds of the sale of bonds authorized in this act, moneys disbursed or to be disbursed for the cost of approved capital projects undertaken by, or on behalf of, school districts for such purposes. S 3. Bonds of the state. The state comptroller is hereby authorized and empowered to issue and sell bonds of the state up to the aggregate amount of two billion three hundred seventeen million dollars ($2,317,000,000) for the purposes of this act, subject to the provisions of article 5 of the state finance law. The aggregate principal amount of such bonds shall not exceed two billion three hundred seventeen million dollars ($2,317,000,000) exclud- ing bonds issued to refund or otherwise repay bonds heretofore issued for such purpose; provided, however, that upon any such refunding or repayment, the total aggregate principal amount of outstanding bonds may be greater than two billion three hundred seventeen million dollars ($2,317,000,000) only if the present value of the aggregate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid. The method for calculating present value shall be determined by law. S 4. Use of moneys received. The moneys received by the state from the sale of bonds sold pursuant to this act shall be expended pursuant to appropriations for capital projects of: (1) public school districts, other than special act school districts, related to design, planning, site acquisition, demolition, construction, reconstruction, rehabili- tation or acquisition and/or installation of equipment for (i) classroom technology projects, which shall include, but not be limited to, inter- active whiteboards, computer servers, desktop and laptop computers, and tablets, (ii) connectivity projects, which shall include high-speed A. 8556--C 36 broadband or wireless internet connectivity for schools, and (iii) pre- kindergarten or transportable classroom unit replacement projects, which shall include the enhancement or modernization of educational facilities to accommodate pre-kindergarten programs or the expansion or construction of adequate and appropriate instructional space to replace transportable classroom units; (2) special act school districts as defined in section 4001 of the education law, state supported schools subject to the provisions of article 85 of the education law and approved private residential and non-residential schools for the educa- tion of students with disabilities of school age, related to design, planning, site acquisition, demolition, construction, reconstruction, rehabilitation or acquisition and/or installation of equipment for (i) classroom technology projects and (ii) connectivity projects; and (3) boards of cooperative educational services related to the acquisition and/or installation of equipment for classroom technology projects. S 5. Work performed. All work performed on a project authorized by this act where all or any portion thereof involves an agreement or lease for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be deemed public work and shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state, and compliance with all the provisions of article 8 of the labor law shall be required of any lessee, sublessee, contractor or subcontractor on the project including the enforcement of prevailing wage requirements by the fiscal officer as defined in paragraph e of subdivision 5 of section 220 of the labor law to the same extent as a contract of the state. S 2. 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 3. This act shall take effect immediately, provided that the provisions of section one of this act shall not take effect unless and until this act shall have been submitted to the people at the general election to be held in November 2014 and shall have been approved by a majority of all votes cast for and against it at such election. Upon approval by the people, section one of this act shall take effect imme- diately. The ballots to be furnished for the use of voters upon submission of this act shall be in the form prescribed by the election law and the proposition or question to be submitted shall be printed thereon in substantially the following form, namely "The SMART SCHOOLS BOND ACT OF 2014, as set forth in section one of part B of chapter (here insert the chapter number) of the laws of 2014, authorizes the sale of state bonds of up to two billion three hundred seventeen million dollars ($2,317,000,000) to provide access to classroom technology and high- speed internet connectivity to equalize opportunities for children to learn and to add classroom space to expand high-quality pre-kindergarten programs and replace classroom trailers. Shall the SMART SCHOOLS BOND ACT OF 2014 be approved?". A. 8556--C 37 PART C Section 1. This act shall be known and may be cited as the "smart schools implementation act of 2014". S 2. Section 3641 of the education law is amended by adding a new subdivision 16 to read as follows: 16. IMPLEMENTATION OF THE SMART SCHOOLS BOND ACT OF 2014. A. DEFI- NITIONS. THE FOLLOWING TERMS, WHENEVER USED OR REFERRED TO IN THIS SUBDIVISION, UNLESS THE CONTEXT INDICATES OTHERWISE, SHALL HAVE THE FOLLOWING MEANINGS: (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE "SMART SCHOOLS BOND ACT OF 2014" IN ACCORDANCE WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW. (2) "SMART SCHOOLS REVIEW BOARD" SHALL MEAN A BODY COMPRISED OF THE STATE COMPTROLLER, THE DIRECTOR OF THE BUDGET, AND THE COMMISSIONER, OR THEIR RESPECTIVE DESIGNEES. (3) "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED BY AN ELIGIBLE SCHOOL OR DISTRICT, SETTING FORTH THE SMART SCHOOLS PROJECT OR PROJECTS TO BE UNDERTAKEN WITH SUCH SCHOOL OR DISTRICT'S SMART SCHOOLS ALLOCATION, WHICH PLAN IN THE CASE OF A PUBLIC SCHOOL DISTRICT ELIGIBLE FOR FOUNDATION AID PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE A CLASSROOM TECH- NOLOGY PROJECT THAT PROVIDES FOR EXPENDITURE OF ITS SUPPLEMENTAL SMART SCHOOLS ALLOCATION TO ACQUIRE LEARNING TECHNOLOGY HARDWARE AND TO PROVIDE FOR THE LOAN OF LEARNING TECHNOLOGY HARDWARE SO ACQUIRED TO NONPUBLIC ELEMENTARY AND SECONDARY SCHOOL STUDENTS PURSUANT TO SECTION SEVEN HUNDRED FIFTY-FIVE OF THIS CHAPTER. (4) "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET FORTH AND DEFINED IN SUBPARAGRAPHS FIVE, SIX, OR SEVEN OF THIS PARAGRAPH. (5) "PRE-KINDERGARTEN OR TRANSPORTABLE CLASSROOM UNIT (TCU) REPLACE- MENT PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS A PRIMARY PURPOSE, EXPANDS THE AVAILABILITY OF ADEQUATE AND APPROPRIATE INSTRUCTIONAL SPACE FOR PRE-KINDERGARTEN OR PROVIDES FOR THE EXPANSION OR CONSTRUCTION OF ADEQUATE AND APPROPRIATE INSTRUCTIONAL SPACE TO REPLACE TCUS. (6) "CONNECTIVITY PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS A PRIMARY PURPOSE, EXPANDS HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY IN SCHOOL BUILDINGS, FOR ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE. (7) "CLASSROOM TECHNOLOGY PROJECT" SHALL MEAN A CAPITAL PROJECT TO ACQUIRE LEARNING TECHNOLOGY HARDWARE FOR SCHOOLS, CLASSROOMS, AND STUDENT USE, INCLUDING BUT NOT LIMITED TO WHITEBOARDS, COMPUTER SERVERS, DESKTOP COMPUTERS, LAPTOP COMPUTERS, AND TABLET COMPUTERS. SUCH TERM MAY INCLUDE A BOARD OF COOPERATIVE EDUCATIONAL SERVICES CAPITAL PROJECT FOR THE ACQUISITION OF LEARNING TECHNOLOGY HARDWARE ONLY. (8) "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID", AND "SUPPLEMENTAL PUB EXCESS COST" UNDER THE HEADING "2013-14 BASE YEAR AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND FOURTEEN-FIFTEEN SCHOOL YEAR. (9) "SMART SCHOOLS ALLOCATION" SHALL MEAN: (I) FOR EACH SCHOOL DISTRICT ELIGIBLE FOR FOUNDATION AID PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, THE A. 8556--C 38 SUM OF: THE PRODUCT OF (A) TWO BILLION DOLLARS ($2,000,000,000) MULTI- PLIED BY (B) THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL AID DIVIDED BY THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS, PLUS THE SUPPLEMENTAL SMART SCHOOLS ALLOCATION; AND (II) FOR EACH SPECIAL ACT SCHOOL DISTRICT, STATE SUPPORTED SCHOOL AND APPROVED PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES OF SCHOOL AGE, SEVEN HUNDRED SEVENTY DOLLARS AND SIXTY-FIVE HUNDREDTHS ($770.65) PER FULL TIME EQUIVALENT STUDENT ENROLLED IN SUCH DISTRICT OR SCHOOLS IN THE BASE YEAR, PROVIDED THAT THE STATEWIDE TOTAL ALLOCATIONS OF ALL SUCH SCHOOL DISTRICTS AND SCHOOLS SHALL NOT EXCEED THIRTEEN MILLION EIGHT HUNDRED AND FOURTEEN THOUSAND SIX HUNDRED AND FIFTY-FIVE DOLLARS ($13,814,655) AND IN THE EVENT THE AMOUNT APPROPRIATED FOR SUCH PURPOSE IS NOT SUFFICIENT TO MAKE SUCH PER CAPITA ALLOCATIONS OF SEVEN HUNDRED SEVENTY DOLLARS AND SIXTY-FIVE HUNDREDTHS ($770.65) TO ALL SCHOOLS AND DISTRICTS, THE COMMISSIONER SHALL ADJUST THE PER CAPITA ALLOCATION PAYABLE TO ALL SUCH SCHOOLS AND DISTRICTS TO FIT WITHIN THE APPROPRIATION. (10) "SUPPLEMENTAL SMART SCHOOLS ALLOCATION" FOR EACH SCHOOL DISTRICT ELIGIBLE FOR FOUNDATION AID SHALL MEAN THE PRODUCT OF SEVEN HUNDRED SEVENTY DOLLARS AND SIXTY-FIVE CENTS ($770.65) MULTIPLIED BY SUCH DISTRICT'S NONPUBLIC SCHOOL ENROLLMENT IN THE BASE YEAR AS DEFINED IN SUBPARAGRAPH THREE OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY- SIX HUNDRED TWO OF THIS ARTICLE. (11) "ELIGIBLE SCHOOL OR DISTRICT" SHALL MEAN A SCHOOL DISTRICT ELIGI- BLE FOR FOUNDATION AID PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION FOUR THOUSAND ONE OF THE EDUCATION LAW, A STATE SUPPORTED SCHOOL SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW OR AN APPROVED PRIVATE RESIDENTIAL AND NON-RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES OF SCHOOL AGE. B. SMART SCHOOLS INVESTMENT PLANS. (1) THE SMART SCHOOLS REVIEW BOARD SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY CRITERIA FOR SMART SCHOOLS INVESTMENT PLANS TO BE SUBMITTED BY ELIGIBLE SCHOOLS OR DISTRICTS. SUCH GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO (I) A TIMELINE FOR SUBMISSION OF SMART SCHOOLS INVESTMENT PLANS; AND (II) ANY LIMITATIONS ON THE AMOUNT OF A SMART SCHOOLS ALLOCATION THAT MAY BE USED FOR ASSETS WITH A SHORT PROBABLE LIFE. (2) NO ELIGIBLE SCHOOL OR DISTRICT SHALL BE ENTITLED TO A SMART SCHOOLS GRANT UNTIL SUCH SCHOOL OR DISTRICT SHALL HAVE SUBMITTED A SMART SCHOOLS INVESTMENT PLAN TO THE SMART SCHOOLS REVIEW BOARD AND RECEIVED SUCH BOARD'S APPROVAL OF SUCH INVESTMENT PLAN. IN DEVELOPING SUCH INVESTMENT PLAN, SCHOOL DISTRICTS SHALL CONSULT WITH PARENTS, TEACHERS, STUDENTS, COMMUNITY MEMBERS AND OTHER STAKEHOLDERS. (3) THE SMART SCHOOLS REVIEW BOARD SHALL REVIEW ALL SMART SCHOOLS INVESTMENT PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SMART SCHOOLS REVIEW BOARD MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN SUCH PLANS TO THE ELIGI- BLE SCHOOL DISTRICT OR SCHOOL FOR MODIFICATIONS. UPON APPROVAL, THE SMART SCHOOLS PROJECT OR PROJECTS DESCRIBED IN THE INVESTMENT PLAN SHALL BE ELIGIBLE FOR SMART SCHOOLS GRANTS. A SMART SCHOOLS PROJECT INCLUDED IN A SCHOOL DISTRICT'S OR SCHOOL'S SMART SCHOOLS INVESTMENT PLAN SHALL NOT REQUIRE SEPARATE APPROVAL OF THE COMMISSIONER UNLESS IT IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED TO BE SUBMITTED FOR APPROVAL OF THE COMMISSIONER PURSUANT TO SECTION FOUR HUNDRED EIGHT OF THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTI- CLE. ANY DEPARTMENT, AGENCY OR PUBLIC AUTHORITY SHALL PROVIDE THE SMART A. 8556--C 39 SCHOOLS REVIEW BOARD WITH ANY INFORMATION IT REQUIRES TO FULFILL ITS DUTIES PURSUANT TO THIS SUBDIVISION. (4) ANY AMENDMENTS OR SUPPLEMENTS TO A SMART SCHOOL INVESTMENT PLAN MUST BE SUBMITTED TO THE SMART SCHOOLS REVIEW BOARD FOR APPROVAL, AND SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED. C. EXPENDITURE OF MONEY. (1) SMART SCHOOLS GRANTS. EACH ELIGIBLE SCHOOL DISTRICT OR SCHOOL, WHICH HAS AN APPROVED SMART SCHOOLS INVEST- MENT PLAN INCLUDING A SMART SCHOOLS PROJECT OR PROJECTS SHALL BE ENTI- TLED TO A GRANT OR GRANTS FOR THE SMART SCHOOLS PROJECT OR PROJECTS INCLUDED THEREIN IN AN AMOUNT, WHETHER IN THE AGGREGATE OR OTHERWISE, NOT TO EXCEED THE SMART SCHOOLS ALLOCATION CALCULATED FOR SUCH SCHOOL DISTRICT OR SCHOOL. THE AMOUNT OF SUCH ALLOCATION NOT EXPENDED, DISBURSED OR ENCUMBERED FOR ANY SCHOOL YEAR SHALL BE CARRIED OVER FOR EXPENDITURE AND DISBURSEMENT TO THE NEXT SUCCEEDING SCHOOL YEAR. EXPENDITURES FROM THE SMART SCHOOLS ALLOCATION SHALL NOT BE ELIGIBLE FOR AID UNDER ANY OTHER PROVISION OF THIS CHAPTER. (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID TO ELIGIBLE SCHOOL DISTRICTS AND SCHOOLS SHALL BE CERTIFIED BY THE COMMIS- SIONER IN ACCORDANCE WITH THIS SUBDIVISION. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE AVAILABLE SHALL BE PAID BY THE COMPTROLLER IN ACCORD- ANCE WITH APPROPRIATIONS THEREFOR, PROVIDED, HOWEVER, THAT THE PAYMENT SCHEDULE SET FORTH IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH PAYMENTS. SUCH PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR THE COMMISSIONER TO APPORTION FUNDS PURSUANT TO THIS SUBDIVISION, AND WHENEVER A SCHOOL DISTRICT HAS BEEN APPORTIONED MORE MONEY PURSUANT TO THIS SUBDIVISION THAN THAT TO WHICH IT IS ENTITLED, THE COMMISSIONER MAY DEDUCT SUCH AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL DISTRICT. D. CONSISTENCY WITH FEDERAL TAX LAW. ALL ACTIONS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD- ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS SUBDIVISION, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS. E. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS. S 3. The state finance law is amended by adding a new section 97-oooo to read as follows: S 97-OOOO. SMART SCHOOLS BOND FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA- TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SMART SCHOOLS BOND FUND". 2. THE STATE COMPTROLLER SHALL DEPOSIT INTO THE SMART SCHOOLS BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF THE SMART SCHOOLS BOND ACT OF 2014. 3. MONEYS IN THE SMART SCHOOLS BOND FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDITURES MADE FROM APPROPRI- ATIONS FROM THE CAPITAL PROJECTS FUND FOR THE PURPOSE OF THE SMART SCHOOLS BOND FUND, AS SET FORTH IN THE SMART SCHOOLS BOND ACT OF 2014. 4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES SOLD PURSUANT TO THE SMART SCHOOLS BOND ACT OF 2014 SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF A. 8556--C 40 APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER. S 4. The education law is amended by adding a new section 755 to read as follows: S 755. LOAN OF LEARNING TECHNOLOGY HARDWARE. 1. IN THE SEVERAL CITIES AND SCHOOL DISTRICTS OF THE STATE, SCHOOL AUTHORITIES, AS DEFINED IN SUBDIVISION TWELVE OF SECTION TWO OF THIS CHAPTER, SHALL HAVE THE POWER AND DUTY, TO THE EXTENT PROVIDED IN THIS SECTION, TO LOAN, UPON REQUEST OF AN INDIVIDUAL OR A GROUP OF INDIVIDUAL PUPILS, TO ALL PUPILS LEGALLY ATTENDING NONPUBLIC ELEMENTARY OR SECONDARY SCHOOLS LOCATED IN THE SCHOOL DISTRICT, LEARNING TECHNOLOGY HARDWARE ACQUIRED PURSUANT TO SUBDIVISION SIXTEEN OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS CHAPTER WHICH IS DESIGNATED FOR USE IN ANY PUBLIC ELEMENTARY OR SECOND- ARY SCHOOLS OF THE STATE OR IS APPROVED BY ANY SCHOOL AUTHORITIES. SUCH LEARNING TECHNOLOGY HARDWARE IS TO BE LOANED FREE TO SUCH CHILDREN, COMMENCING WITH THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, SUBJECT TO SUCH RULES AND REGULATIONS AS ARE OR MAY BE PRESCRIBED BY THE BOARD OF REGENTS AND SUCH SCHOOL AUTHORITIES. 2. NO SCHOOL DISTRICT SHALL BE REQUIRED TO LOAN LEARNING TECHNOLOGY HARDWARE IN AN AMOUNT IN EXCESS OF THE DISTRICT'S SUPPLEMENTAL SMART SCHOOLS ALLOCATION AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION THIRTY- SIX HUNDRED FORTY-ONE OF THIS CHAPTER. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE A SCHOOL DISTRICT TO LOAN TO CHILDREN ATTENDING NONPUBLIC SCHOOLS, PURSUANT TO THIS SECTION, LEARNING TECHNOLOGY HARD- WARE PURCHASED WITH LOCAL OR FEDERAL FUNDS OR WITH STATE FUNDS OTHER THAN FUNDS APPORTIONED PURSUANT TO SUBDIVISION SIXTEEN OF SECTION THIR- TY-SIX HUNDRED FORTY-ONE OF THIS CHAPTER. 3. SCHOOL AUTHORITIES SHALL ADOPT REGULATIONS SPECIFYING THE DATE BY WHICH REQUESTS FOR THE PURCHASE AND LOAN OF LEARNING TECHNOLOGY HARDWARE MUST BE RECEIVED BY THE DISTRICT. NOTICE OF SUCH DATE SHALL BE GIVEN TO ALL NON-PUBLIC SCHOOLS IN THE SCHOOL DISTRICT. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, SUCH DATE SHALL NOT BE EARLIER THAN THE FIRST DAY OF JANUARY OF SUCH SCHOOL YEAR. AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, SUCH DATE SHALL NOT BE EARLIER THAN THE FIRST DAY OF JUNE OF THE SCHOOL YEAR PRIOR TO THAT FOR WHICH SUCH LEARNING TECHNOLOGY HARDWARE IS BEING REQUESTED, PROVIDED, HOWEVER, THAT A PARENT OR GUARDIAN OF A CHILD NOT ATTENDING A PARTICULAR NON-PUBLIC SCHOOL PRIOR TO JUNE FIRST OF THE SCHOOL YEAR MAY SUBMIT A WRITTEN REQUEST FOR LEARNING TECHNOLOGY HARD- WARE WITHIN THIRTY DAYS AFTER SUCH CHILD IS ENROLLED IN SUCH NON-PUBLIC SCHOOL. IN NO EVENT, HOWEVER, SHALL A REQUEST MADE LATER THAN THE TIMES OTHERWISE PROVIDED PURSUANT TO THIS SUBDIVISION BE DENIED WHERE A REASONABLE EXPLANATION IS GIVEN FOR THE DELAY IN MAKING THE REQUEST. S 5. Section 61 of the state finance law is amended by adding a new subdivision 31 to read as follows: SMART SCHOOLS PROJECTS 31. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING BUT NOT LIMITED TO PRE-KINDERGARTEN OR TRANSPORTABLE CLASSROOM UNIT REPLACEMENT PROJECTS, CONNECTIVITY PROJECTS, AND CLASSROOM TECHNOLOGY PROJECTS, ALL AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN, ENACTING AND CONSTITUTING THE SMART SCHOOLS BOND ACT OF 2014. THIRTY YEARS FOR PRE-KINDERGARTEN OR TRANSPORTABLE CLASSROOM UNIT REPLACEMENT PROJECTS, TWENTY YEARS FOR CONNECTIVITY PROJECTS, AND EIGHT YEARS FOR CLASSROOM TECHNOLOGY PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING A. 8556--C 41 ANNUAL DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER- AGE PERIOD OF PROBABLE LIFE OF SUCH SMART SCHOOLS PROJECTS, INCLUDING WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHT- ED AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM MULTIPLYING THE DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE LIFE OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR VALUE OF THE ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT. S 6. All work performed on a project authorized by this act where all or any portion thereof involves an agreement or lease for construction, demolition, reconstruction, excavation, rehabilitation, repair, reno- vation, alteration or improvement shall be deemed public work and shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state, and compliance with all the provisions of article 8 of the labor law shall be required of any lessee, sublessee, contrac- tor or subcontractor on the project including the enforcement of prevailing wage requirements by the fiscal officer as defined in para- graph e of subdivision 5 of section 220 of the labor law to the same extent as a contract of the state. S 7. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion 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, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 8. This act shall take effect only in the event that section 1 of part B of a chapter of the laws of 2014, enacting the "smart schools bond act of 2014," is submitted to the people at the general election to be held in November 2014 and is approved by a majority of all votes cast for and against it at such election. Upon such approval, this act shall take effect immediately. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act are authorized and directed to be made and completed on or before such effective date. PART D Section 1. Short title. This act shall be known and may be cited as the "nurse practitioners modernization act". S 2. Subdivision 3 of section 6902 of the education law, as added by chapter 257 of the laws of 1988, is amended to read as follows: 3. (a) (I) The practice of registered professional nursing by a nurse practitioner, certified under section six thousand nine hundred ten of this article, may include the diagnosis of illness and physical condi- tions and the performance of therapeutic and corrective measures within a specialty area of practice, in collaboration with a licensed physician qualified to collaborate in the specialty involved, provided such services are performed in accordance with a written practice agreement and written practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF THIS SUBDIVISION. The written practice agreement shall include explicit provisions for the resolution of any disagreement between the collab- orating physician and the nurse practitioner regarding a matter of diag- nosis or treatment that is within the scope of practice of both. To the A. 8556--C 42 extent the practice agreement does not so provide, then the collaborat- ing physician's diagnosis or treatment shall prevail. (II) IN THE EVENT THAT (A) AN EXISTING WRITTEN PRACTICE AGREEMENT WITH A COLLABORATING PHYSICIAN TERMINATES AS A RESULT OF: THE COLLABORATING PHYSICIAN MOVING, RETIRING, NO LONGER NEEDING THE SERVICES OF THE NURSE PRACTITIONER, NO LONGER BEING QUALIFIED TO PRACTICE; OR THE WRITTEN PRACTICE AGREEMENT TERMINATING DUE TO NO FAULT ON THE PART OF THE NURSE PRACTITIONER; AND (B) THE NURSE PRACTITIONER DEMONSTRATES THAT HE OR SHE HAS MADE A GOOD FAITH EFFORT TO ENTER INTO A NEW WRITTEN PRACTICE AGREE- MENT WITH A COLLABORATING PHYSICIAN AND HAS BEEN UNABLE TO DO SO, THEN UPON APPROVAL BY THE DEPARTMENT, SUCH NURSE PRACTITIONER MAY CONTINUE TO PRACTICE PURSUANT TO THIS PARAGRAPH WITHIN A SPECIALTY AREA OF PRACTICE FOR A PERIOD OF UP TO SIX MONTHS, IN COLLABORATION WITH A NURSE PRACTI- TIONER WHO HAS BEEN CERTIFIED UNDER SECTION SIX THOUSAND NINE HUNDRED TEN OF THIS ARTICLE, WHO HAS BEEN PRACTICING FOR MORE THAN THREE THOU- SAND SIX HUNDRED HOURS AND WHO IS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED, PROVIDED THAT SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS; SUCH SIX MONTH TIME PERIOD FOR COLLABORATION BETWEEN NURSE PRACTITIONERS MAY BE EXTENDED FOR A PERIOD OF TIME NOT TO EXCEED AN ADDITIONAL SIX MONTHS UPON A SHOWING OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT. [(b)] (III) Prescriptions for drugs, devices and immunizing agents may be issued by a nurse practitioner, under this [subdivision] PARAGRAPH and section six thousand nine hundred ten of this article, in accordance with the practice agreement and practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF THIS SUBDIVISION. The nurse practitioner shall obtain a certificate from the department upon successfully completing a program including an appropriate pharmacology component, or its equiv- alent, as established by the commissioner's regulations, prior to prescribing under this [subdivision] PARAGRAPH. The certificate issued under section six thousand nine hundred ten of this article shall state whether the nurse practitioner has successfully completed such a program or equivalent and is authorized to prescribe under this [subdivision] PARAGRAPH. [(c)] (IV) Each practice agreement shall provide for patient records review by the collaborating physician OR, WHERE APPLICABLE, THE COLLAB- ORATING NURSE PRACTITIONER, in a timely fashion but in no event less often than every three months. The names of the nurse practitioner and the collaborating physician OR, WHERE APPLICABLE, THE COLLABORATING NURSE PRACTITIONER shall be clearly posted in the practice setting of the nurse practitioner. [(d)] (V) The practice protocol shall reflect current accepted medical and nursing practice, OR FOR COLLABORATING WITH ANOTHER NURSE PRACTI- TIONER PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE CURRENT ACCEPTED NURSING PRACTICE. The protocols shall be filed with the department within ninety days of the commencement of the practice and may be updated periodically. The commissioner shall make regulations establishing the procedure for the review of protocols and the disposi- tion of any issues arising from such review. [(e)] (VI) No physician OR, WHERE APPLICABLE, NURSE PRACTITIONER, shall enter into practice agreements with more than four nurse practi- tioners who are not located on the same physical premises as the collab- orating physician OR COLLABORATING NURSE PRACTITIONER. [(f)] (B) NOTWITHSTANDING SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, A NURSE PRACTITIONER, CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND A. 8556--C 43 SIX HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN LIEU OF COMPLYING WITH THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION RELATING TO COLLABORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH THIS PARAGRAPH SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED PHYSI- CIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A HOSPITAL, LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, THAT PROVIDES SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION. AS EVIDENCE THAT THE NURSE PRACTITIONER MAINTAINS COLLABORATIVE RELATION- SHIPS, THE NURSE PRACTITIONER SHALL COMPLETE AND MAINTAIN A FORM, CREATED BY THE DEPARTMENT, WHICH THE NURSE PRACTITIONER SHALL ATTEST TO, THAT IDENTIFIES WRITTEN PRACTICE PROTOCOLS AND THE METHODS BY WHICH THE NURSE PRACTITIONER WILL COLLABORATE SUCH AS: THE CRITERIA TO BE USED REGARDING CONSULTATION, INCLUDING METHODS AND FREQUENCY OF HOW CONSULTA- TION SHALL BE PROVIDED; COLLABORATIVE MANAGEMENT AND REFERRAL; AND EMER- GENCY REFERRAL PLANS. SUCH FORMS SHALL BE UPDATED AS NEEDED AND MAY BE SUBJECT TO REVIEW BY THE DEPARTMENT. THE NURSE PRACTITIONER SHALL MAKE INFORMATION CONTAINED IN THIS FORM AVAILABLE TO HIS OR HER PATIENTS UPON REQUEST. FAILURE TO COMPLY WITH THE REQUIREMENTS FOUND IN THIS PARAGRAPH BY A NURSE PRACTITIONER WHO IS NOT COMPLYING WITH SUCH PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE SUBJECT TO PROFESSIONAL MISCONDUCT PROVISIONS AS SET FORTH IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE. (C) Nothing in this subdivision shall be deemed to limit or diminish the practice of the profession of nursing as a registered professional nurse under this article or any other law, rule, regulation or certif- ication, nor to deny any registered professional nurse the right to do any act or engage in any practice authorized by this article or any other law, rule, regulation or certification. [(g)] (D) The provisions of this subdivision shall not apply to any activity authorized, pursuant to statute, rule or regulation, to be performed by a registered professional nurse in a hospital as defined in article twenty-eight of the public health law. (E) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL ISSUE A REPORT ON THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION, ALONG WITH INFORMATION THAT INCLUDES, BUT IS NOT LIMITED TO: THE NUMBER OF NURSE PRACTITIONERS PRACTICING FOR FEWER THAN THREE THOU- SAND SIX HUNDRED HOURS THAT PRACTICE PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A PHYSICIAN; THE NUMBER OF NURSE PRACTITIONERS THAT PRAC- TICE PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A NURSE PRACTITIONER FOR SIX MONTHS AND THE NUMBER OF THESE NURSE PRACTITIONERS THAT EXTEND A WRITTEN PRACTICE AGREEMENT FOR AN ADDITIONAL SIX MONTHS UPON A SHOWING OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT; THE NUMBER OF NURSE PRACTITIONERS THAT PRACTICE PURSUANT TO COLLABORATIVE RELATION- SHIPS WITH PHYSICIANS; AND OTHER INFORMATION THE DEPARTMENT DEEMS RELE- VANT, INCLUDING BUT NOT LIMITED TO, ANY RECOMMENDATIONS FOR THE CONTIN- UATION OF OR AMENDMENTS TO THE PROVISIONS OF THIS SECTION RELATING TO WRITTEN PRACTICE AGREEMENTS OR COLLABORATIVE RELATIONSHIPS. THE COMMIS- SIONER SHALL SUBMIT THIS REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE CHAIRS OF THE ASSEMBLY AND SENATE HIGHER EDUCATION COMMITTEES BY SEPTEMBER FIRST, TWO THOUSAND EIGHTEEN. S 3. This act shall take effect on the first day of January after it shall have become a law and shall expire June 30 of the sixth year after it shall have become a law, when upon such date the provisions of this A. 8556--C 44 act shall be deemed repealed; provided, however, that effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date. PART E Intentionally Omitted PART F Section 1. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "EDUCATIONAL INSTITUTION", WHEN USED IN THIS ARTICLE, SHALL MEAN: (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER- ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY. S 2. Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 4. It shall be an unlawful discriminatory practice for an [education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law] EDUCATIONAL INSTITUTION to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, sexual orientation, military status, sex, age or marital status, except that any such insti- tution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. S 3. This act shall take effect immediately. PART G Section 1. The education law is amended by adding a new section 669-e to read as follows: S 669-E. NEW YORK STATE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMAT- ICS INCENTIVE PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN AN APPROVED UNDERGRADUATE PROGRAM LEADING TO A CAREER IN SCIENCE, TECH- NOLOGY, ENGINEERING OR MATHEMATICS, INCLUDING, BUT NOT LIMITED TO, APPROVED UNDERGRADUATE PROGRAMS THAT LEAD TO A CAREER AS A HIGH SCHOOL SCIENCE OR MATH TEACHER OR A CAREER IN NURSING, AT A NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL BE ELIGIBLE FOR AN AWARD UNDER THIS SECTION, PROVIDED THE APPLICANT: (A) GRADUATES FROM A HIGH SCHOOL LOCATED IN NEW YORK STATE DURING OR AFTER THE TWO THOUSAND THIR- TEEN--FOURTEEN SCHOOL YEAR; AND (B) GRADUATES WITHIN THE TOP TEN PERCENT OF HIS OR HER HIGH SCHOOL CLASS; AND (C) ENROLLS IN FULL-TIME STUDY EACH ACADEMIC YEAR BEGINNING IN THE FALL TERM AFTER HIS OR HER HIGH SCHOOL GRADUATION IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS, AS DEFINED BY THE CORPORATION, AT A NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION; AND (D) SIGNS A CONTRACT WITH THE CORPORATION AGREEING THAT HIS OR HER AWARD WILL BE CONVERTED TO A STUDENT LOAN IN THE EVENT THE STUDENT FAILS TO COMPLY WITH THE TERMS A. 8556--C 45 OF THIS PROGRAM AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND ALL REQUIREMENTS PROMULGATED BY THE CORPORATION FOR THE ADMINISTRATION OF THE PROGRAM. 2. AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND THEREAFTER TO APPLI- CANTS THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK STATE CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS; PROVIDED, HOWEVER, (A) A STUDENT WHO RECEIVES EDUCA- TIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (B) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE, SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND- ANCE; AND (C) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPIENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION. 3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS, EXCLUDING ANY ALLOWABLE INTERRUPTION OF STUDY. 4. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) A RECIPIENT FAILS TO COMPLETE AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS OR CHANGES MAJORS TO A PROGRAM OF UNDERGRADU- ATE STUDY OTHER THAN IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS; OR (B) UPON COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM A RECIPIENT FAILS TO EITHER (I) COMPLETE FIVE YEARS OF EMPLOYMENT IN THE SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS FIELD WITH A PUBLIC OR PRIVATE ENTITY LOCATED WITHIN NEW YORK STATE, OR (II) MAINTAIN RESIDENCY IN NEW YORK STATE FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A RECIPIENT FAILS TO RESPOND TO REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR PROFESSIONAL PROGRESS. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS AND CONTINUE THEIR EDUCATION ON AT LEAST A HALF-TIME BASIS IN A GRADUATE OR HIGHER DEGREE PROGRAM OR OTHER PROFESSIONAL LICENSURE DEGREE PROGRAM UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR EMPLOY- MENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPORATION. THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR A GRACE PERIOD, TO BE ESTABLISHED BY THE CORPORATION, FOLLOWING THE COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND A. 8556--C 46 REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. 5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO, THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014. 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 C of chapter 57 of the laws of 2013, 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, [2014] 2017, 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 capital matching grant program for independent colleges, as amended by section 2 of part C of chapter 57 of the laws of 2013, is amended to read as follows: (h) In the event that any colleges do not apply for higher education capital matching grants by March 31, 2009, or in the event they apply for and are awarded, but do not use the full amount of such grants, the unused funds associated with such grants shall thereafter be awarded to colleges on a competitive basis, according to the priorities set forth below. Notwithstanding subdivision five of this section, any college shall be eligible to apply for such unused funds in response to a request for proposals for a higher education capital matching grant pursuant to this paragraph. 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 accreditation 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. The dormitory authority shall develop a request for proposals and application process, in consultation with the board, for higher education capital matching grants awarded pursuant to this paragraph, and shall develop criteria, subject to review by the board, for the awarding of such grants. Such criteria shall include, but not be limited to the matching criteria A. 8556--C 47 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, [2013] 2014, and the board shall act on each application for such matching grants by November 1, [2013] 2014. 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 capi- tal matching grant program for independent colleges, as amended by section 3 of part C of chapter 57 of the laws of 2013, 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, [2015,] 2017, 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 capital grant program for independent colleges, as amended by section 4 of part C of chapter 57 of the laws of 2013, 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, [2014] 2018, on the use of funding received and its programmatic and economic impact. The dormitory authority shall submit a report no later than November 1, [2014] 2018 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 matching capital 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, 2014. PART I 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 E of chapter 57 of the laws of 2013, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$137.00] $139.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$158.00] $160.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$187.00] $190.00 for each month beginning on or after January first, two thousand [thirteen] FOURTEEN. A. 8556--C 48 (d) for the period commencing January first, two thousand [fourteen] FIFTEEN, 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 [fourteen] FIFTEEN, but prior to June thirtieth, two thousand [fourteen] FIFTEEN, 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 E of chapter 57 of the laws of 2013, are amended to read as follows: (a) On and after January first, two thousand [thirteen] FOURTEEN, for an eligible individual living alone, [$797.00] $808.00; and for an eligible couple living alone, [$1170.00] $1186.00. (b) On and after January first, two thousand [thirteen] FOURTEEN, for an eligible individual living with others with or without in-kind income, [$733.00] $744.00; and for an eligible couple living with others with or without in-kind income, [$1112.00] $1128.00. (c) On and after January first, two thousand [thirteen] FOURTEEN, (i) for an eligible individual receiving family care, [$976.48] $987.48 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, [$938.48] $949.48; 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 [thirteen] FOURTEEN, (i) for an eligible individual receiving residential care, [$1145.00] $1156.00 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 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, [$1115.00] $1126.00; 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 [thirteen] FOURTEEN, for an eligible individual receiving enhanced residential care, [$1404.00] $1415.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this paragraph. (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 [fourteen] FIFTEEN but prior to June thirtieth, two thousand [fourteen] FIFTEEN. S 3. This act shall take effect December 31, 2014. PART J A. 8556--C 49 Section 1. The opening paragraph of section 21-a of the social services law, as added by section 144-a of part B of chapter 436 of the laws of 1997, is amended to read as follows: Any electronic benefit transfer system shall be implemented by the department on a statewide basis and shall be administered pursuant to the provisions of this section. FOR THE PURPOSES OF SUCH ELECTRONIC BENEFIT TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE OF A CREDIT OR DEBIT CARD SERVICE, AUTOMATED TELLER MACHINE, POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE. S 2. Section 17 of the alcoholic beverage control law is amended by adding two new subdivisions 10 and 11 to read as follows: 10. TO REQUIRE EACH APPLICANT SEEKING OR LICENSEE AUTHORIZED TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION OR LICENSED WITH A SPECIAL ON-PREMISES LICENSE WHOSE PRINCIPAL BUSINESS IS THE OPER- ATION OF AN ADULT ENTERTAINMENT FACILITY TO DEMONSTRATE TO THE AUTHORITY THAT THEY HAVE REQUIRED THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENE- FIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE ON PREMISES. SUCH REQUIREMENT SHALL NOT BE APPLICABLE IF THE APPLICANT OR LICENSEE IS A RETAIL ESTABLISHMENT THAT ALSO SELLS GROCERIES, INCLUDING STAPLE FOODS. 11. TO SUBMIT A REPORT ON DECEMBER FIRST OF EACH YEAR TO THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE INCLUDING ALL RELEVANT INFORMATION DEMONSTRATING THAT ALL APPLICANTS AND LICENSEES: (A) LICENSED UNDER THE PROVISIONS OF THE ALCOHOLIC BEVERAGE CONTROL LAW TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; OR (B) LICENSED WITH A SPECIAL ON-PREMISES LICENSE UNDER THE PROVISIONS OF THE ALCOHOLIC BEVER- AGE CONTROL LAW WHOSE PRINCIPAL BUSINESS IS THE OPERATION OF AN ADULT ENTERTAINMENT FACILITY THAT HAVE AUTOMATED TELLER MACHINES AND/OR POINT OF SALE TERMINALS ON PREMISES ARE IN COMPLIANCE AND HAVE REQUIRED THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE ON PREMISES. SUCH REPORT SHALL ALSO CONTAIN ALL RELEVANT INFORMATION REGARDING ANY PENALTIES IMPOSED FOR FAILURE TO PROHIBIT SUCH ACCESS PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF THE THIS CHAPTER, AND IF SUCH LICENSEE, IF APPLICABLE, HAS SINCE COME INTO COMPLIANCE. SUCH INFORMATION SHALL NOT BE REQUIRED TO BE PROVIDED REGARDING ANY APPLICANT OR LICENSEE THAT ALSO SELLS GROCERIES INCLUDING STAPLE FOODS. S 3. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 24 to read as follows: 24. APPLICANTS AND RETAIL LICENSEES OF LIQUOR AND/OR WINE FOR OFF-PREMISES CONSUMPTION WITH AUTOMATED TELLER MACHINES OR POINT OF SALE TERMINALS ON PREMISES SHALL REQUIRE THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE ON PREMISES. SUCH REQUIREMENT SHALL NOT BE APPLICABLE IF IT IS A RETAIL ESTABLISHMENT THAT ALSO SELLS GROCERIES, INCLUDING STAPLE FOODS. S 4. Section 64-a of the alcoholic beverage control law is amended by adding a new subdivision 6-a to read as follows: 6-A. EVERY SPECIAL ON-PREMISES LICENSEE WHOSE PRINCIPAL BUSINESS IS THE OPERATION OF AN ADULT ENTERTAINMENT FACILITY AS PERMITTED UNDER PARAGRAPH B OF SUBDIVISION SIX OF THIS SECTION WITH AUTOMATED TELLER MACHINES OR POINT OF SALE TERMINALS ON PREMISES, SHALL REQUIRE THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY A. 8556--C 50 SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE ON PREMISES. S 5. Section 102 of the alcoholic beverage control law is amended by adding a new subdivision 8 to read as follows: 8. NO PERSON, FIRM, ESTABLISHMENT, ENTITY OR CORPORATION LICENSED PURSUANT TO THIS CHAPTER, TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF- PREMISES CONSUMPTION OR LICENSED WITH A SPECIAL ON-PREMISES LICENSE WHOSE PRINCIPAL BUSINESS IS THE OPERATION OF AN ADULT ENTERTAINMENT FACILITY SHALL ALLOW ELECTRONIC BENEFIT TRANSFERS AS DEFINED IN SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE BENEFITS ON PREMISES. SUCH REQUIREMENT SHALL NOT BE APPLICABLE IF IT IS A RETAIL ESTABLISHMENT THAT ALSO SELLS GROCERIES, INCLUDING STAPLE FOODS. SHOULD SUCH LICENSEE FAIL TO PREVENT ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW, SUCH FAILURE SHALL CONSTITUTE CAUSE FOR THE PURPOSES OF SECTION ONE HUNDRED EIGHTEEN OF THIS ARTICLE. S 6. Subdivision 1 of section 118 of the alcoholic beverage control law is amended by adding a new paragraph (c) to read as follows: (C) FOR ALLOWING ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE ON PREMISES. S 7. Section 104 of the racing, pari-mutuel wagering and breeding law is amended by adding a new subdivision 23 to read as follows: 23. TO REQUIRE EACH APPLICANT SEEKING, OR LICENSEE AUTHORIZED UNDER THIS CHAPTER TO CONDUCT CHARITABLE GAMING, GAMING, OR HORSE RACING AND PARI-MUTUEL WAGERING ACTIVITIES TO DEMONSTRATE TO THE COMMISSION AND THE APPROPRIATE DIVISION THAT THEY HAVE REQUIRED THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW AT ANY AUTOMATED TELLER MACHINE, OR POINT OF SALE TERMINAL LOCATED ON PREMISES FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE. SUCH REQUIREMENT SHALL NOT BE APPLICABLE IF: (A) SUCH FACIL- ITY IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS A GROCERY STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS; (B) SUCH FACILITY IS AN ESTABLISHMENT THAT OFFERS GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS; OR (C) TO ANY AREA OF A PARI-MU- TUEL RACE TRACK THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE BACKSTRETCH. SHOULD SUCH LICENSEE FAIL TO PREVENT ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW, THEY SHALL BE SUBJECT TO DISCIPLINARY ACTION PURSUANT TO THE AUTHORITY PROVIDED TO THIS COMMISSION, SECTION FOUR HUNDRED NINETY-FIVE OF THE GENERAL MUNICI- PAL LAW OR SECTION ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH SHALL INCLUDE EITHER REVOCATION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION. S 8. Subdivision 10 of section 1316 of the racing, pari-mutuel wager- ing and breeding law, as added by chapter 174 of the laws of 2013, is amended and a new subdivision 11 is added to read as follows: 10. formulate for board approval and abide by an affirmative action program of equal opportunity whereby the applicant establishes specific goals for the utilization of minorities, women and veterans on construction jobs[.]; 11. REQUIRE THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANS- FERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE AT ANY AUTOMATED TELLER MACHINE, OR POINT OF SALE TERMINAL LOCATED ON THE PREMISES. SUCH A. 8556--C 51 REQUIREMENT SHALL NOT BE APPLICABLE IF: (A) SUCH FACILITY IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS A GROCERY STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS; OR (B) SUCH FACILITY IS AN ESTABLISH- MENT THAT OFFERS GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO THE PRINCI- PAL PURPOSE OF THE BUSINESS. S 9. Subdivision 2 of section 1338 of the racing, pari-mutuel wagering and breeding law, as added by chapter 174 of the laws of 2013, is amended to read as follows: 2. prohibit authorized automated teller machines AND POINT OF SALE TERMINALS from accepting electronic benefit [cards] TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW, debit cards, or similar negotiable instruments issued by the state or political subdivi- sions for the purpose of accessing temporary public assistance BY REQUIRING THIRD PARTY PROCESSORS TO BLOCK SUCH TRANSACTIONS; S 10. Section 480 of the general municipal law is amended by adding a new subdivision 3 to read as follows: 3. EACH APPLICANT FOR A LICENSE WITH AUTOMATED TELLER MACHINES OR POINT OF SALE TERMINALS ON PREMISES SHALL REQUIRE THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSIST- ANCE ON PREMISES. SUCH REQUIREMENT SHALL NOT BE APPLICABLE IF: (A) SUCH FACILITY IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS A GROCERY STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS; OR (B) SUCH FACILITY IS AN ESTABLISHMENT THAT OFFERS GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS. S 11. Subdivisions 5 and 6 and the closing paragraph of section 495 of the general municipal law, as amended by chapter 438 of the laws of 1962, are amended and a new subdivision 7 is added to read as follows: (5) divert or pay any portion of the net proceeds of any game of bingo to any person, association or corporation, except in furtherance of one or more of the lawful purposes defined in this article; [or] (6) violate any of the provisions of this article or of any term of any license issued under this article; OR (7) ALLOW ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE BENEFITS; shall be guilty of a misdemeanor and shall forfeit any license issued under this article and be ineligible to apply for a license under this article for one year thereafter, EXCEPT FOR AN OFFENSE AS SPECIFIED IN SUBDIVISION SEVEN OF THIS SECTION. ANY PERSON, ASSOCIATION OR CORPO- RATION LICENSED UNDER THIS ARTICLE, WHO ALLOWS AN OFFENSE AS DELINEATED IN SUBDIVISION SEVEN OF THIS SECTION SHALL BE SUBJECT TO DISCIPLINARY ACTIONS WHICH SHALL INCLUDE EITHER REVOCATION, CANCELLATION OR SUSPEN- SION OF SUCH LICENSE OR AUTHORIZATION. S 12. Section 1617-a of the tax law is amended by adding a new subdi- vision i to read as follows: I. EACH APPLICANT, OR LICENSEE AUTHORIZED UNDER THIS ARTICLE TO OPER- ATE A VIDEO LOTTERY TERMINAL WITH AUTOMATED TELLER MACHINES OR POINT OF SALE TERMINALS ON PREMISES SHALL REQUIRE THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE. SUCH REQUIREMENT SHALL NOT BE APPLICABLE IF: (A) SUCH FACILITY IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS A GROCERY STORE WHICH SELLS GROCERIES INCLUDING STAPLE FOODS; OR (B) SUCH FACILITY IS AN ESTABLISHMENT THAT OFFERS GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS. A. 8556--C 52 SHOULD SUCH LICENSEE FAIL TO PREVENT ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW, THEY SHALL BE SUBJECT TO DISCIPLINARY ACTIONS PURSUANT TO SECTION ONE HUNDRED FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND SECTION ONE THOUSAND SIX HUNDRED SEVEN OF THIS CHAPTER, WHICH SHALL INCLUDE EITHER REVOCATION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION. S 13. Section 1607 of the tax law is amended by adding a new subdivi- sion i to read as follows: I. FAILURE OF LICENSEES AUTHORIZED TO OPERATE A VIDEO LOTTERY TERMINAL TO REQUIRE THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE BENEFITS. SUCH REQUIREMENT SHALL NOT BE APPLICABLE IF: (A) SUCH FACILITY IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS A GROCERY STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS; OR (B) SUCH FACILITY IS AN ESTABLISHMENT THAT OFFERS GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS. S 14. Section 104 of the racing, pari-mutuel wagering and breeding law is amended by adding a new subdivision 24 to read as follows: 24. TO SUBMIT A REPORT ON DECEMBER FIRST OF EACH YEAR TO THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE INCLUDING ALL RELEVANT INFORMATION DEMONSTRATING THAT ALL APPLICANTS AND LICENSEES: (A) LICENSED OR AUTHOR- IZED TO CONDUCT PARI-MUTUEL WAGERING ACTIVITY UNDER THIS CHAPTER; (B) LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF THE GENERAL MUNICIPAL LAW; (C) LICENSED TO PARTICIPATE IN THE OPERATION OF A VIDEO LOTTERY FACILITY UNDER SECTION ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW; OR (D) LICENSED TO OPERATE A GAMING FACILITY UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THIS CHAPTER THAT HAVE AUTOMATED TELLER MACHINES AND/OR POINT OF SALE TERMINALS ON PREM- ISES ARE IN COMPLIANCE AND HAVE REQUIRED THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE ON PREMISES. SUCH REPORT SHALL ALSO CONTAIN ALL RELEVANT INFORMATION REGARDING ANY PENALTIES IMPOSED FOR FAILURE TO PROHIBIT SUCH ACCESS, AND IF SUCH LICENSEE, IF APPLICABLE, HAS SINCE COME INTO COMPLIANCE. SUCH INFORMATION SHALL NOT BE REQUIRED TO BE PROVIDED REGARDING ANY ENTITY LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS A GROCERY STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS; OR FOR SUCH ENTITY THAT OFFERS GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS. S 15. Section 151 of the social services law, as added by chapter 570 of the laws of 1951, is amended to read as follows: S 151. [Penalty] PENALTIES for cashing public assistance checks OR ACCEPTING ELECTRONIC BENEFIT TRANSFERS FROM PUBLIC ASSISTANCE RECIPIENTS. [No] 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO person, firm, ESTABLISHMENT, ENTITY, or corporation: (A) licensed under the [provision] PROVISIONS of the alcoholic beverage control law to sell liquor AND/OR WINE at retail FOR OFF-PREMISES CONSUMPTION; (B) LICENSED WITH A SPECIAL ON-PREMISES LICENSE UNDER THE PROVISIONS OF THE ALCOHOLIC BEVERAGE CONTROL LAW WHOSE PRINCIPAL BUSI- NESS IS THE OPERATION OF AN ADULT ENTERTAINMENT FACILITY; (C) LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING ACTIVITY UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; (D) LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF THE GENERAL MUNICIPAL LAW; (E) LICENSED TO PARTICIPATE IN THE OPERATION OF A VIDEO LOTTERY FACILITY UNDER SECTION ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW; (F) A. 8556--C 53 LICENSED TO OPERATE A GAMING FACILITY UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; OR (G) THAT IS THE OWNER OF A BUSINESS PROVIDING ADULT-ORIENTED ENTER- TAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT shall cash or accept[, for any purpose whatsoever,] any public assistance check OR ELECTRONIC BENEFIT TRANSFER issued by a [public welfare] SOCIAL SERVICES official or department as and for public assistance. 2. SUCH RESTRICTIONS SHALL NOT APPLY TO: (A) ANY GROCERY STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS AND THAT ALSO OFFERS, OR IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS A CASINO, OR GAMING ESTABLISHMENT; (B) ANY AREA OF A PARI-MUTUEL RACE TRACK THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSON- NEL, SUCH AS NON-WAGERING AREAS OF THE BACKSTRETCH; (C) ANY ESTABLISH- MENT THAT OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL PURPOSE OF BUSI- NESS; OR (D) ANY ESTABLISHMENT THAT SELLS GROCERIES INCLUDING STAPLE FOODS AND LIQUOR AND/OR WINE FOR OFF PREMISES CONSUMPTION. FOR PURPOSES OF THIS PARAGRAPH, "GAMING ESTABLISHMENT" SHALL MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK. 3. PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE of this section [for the first offense shall be punishable by a fine not to exceed fifty dollars. A second offense] TAKING PLACE AT THE LICENSED PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF- PREMISES CONSUMPTION; OR (II) WITH A SPECIAL ON-PREMISES LICENSE WHOSE PRINCIPAL BUSINESS IS THE OPERATION OF AN ADULT ENTERTAINMENT FACILITY AS PERMITTED BY THE RULES OF THE STATE LIQUOR AUTHORITY, shall consti- tute [sufficient] cause, FOR THE PURPOSES OF SECTION ONE HUNDRED EIGH- TEEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW for the revocation, cancella- tion or suspension of such license [issued pursuant to the alcoholic beverage control law]. (B) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL- ITY UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE THOU- SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA- TION OF A VIDEO LOTTERY FACILITY; LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR- TEEN-H OF THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH PERSON, CORPO- RATION OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE HUNDRED FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, SECTION FOUR HUNDRED NINETY-FIVE OF THE GENERAL MUNICIPAL LAW AND SECTION ONE THOU- SAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH SHALL INCLUDE EITHER REVO- CATION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION. (C) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION BY ANY PERSON, FIRM, ESTABLISHMENT, ENTITY OR CORPORATION THAT IS THE OWNER OF A BUSINESS PROVIDING ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, WHICH IS NOT OTHERWISE LICENSED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW, SHALL BE A VIOLATION, AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE SUBJECT TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, AND A THIRD OR SUBSEQUENT SUCH A. 8556--C 54 VIOLATION SHALL BE SUBJECT TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS. 4. THE OFFICE SHALL HAVE THE AUTHORITY TO COLLABORATE WITH AND ASSIST THE NEW YORK STATE LIQUOR AUTHORITY, THE NEW YORK STATE GAMING COMMIS- SION, ANY NECESSARY LICENSEE AND ANY BUSINESS WHOSE PRINCIPAL PURPOSE OF BUSINESS IS PROVIDING ADULT ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT WITH THE PROCESS OF REQUIRING THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS. SUCH ASSISTANCE MAY INCLUDE MONITORING AUTOMATED TELLER MACHINE AND POINT OF SALE TERMINAL REPORTS TO ENSURE THE BANK IDENTIFI- CATION NUMBER ASSOCIATED WITH ELECTRONIC BENEFIT TRANSFER CARDS HAS BEEN SUCCESSFULLY BLOCKED. S 16. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, the New York state office of temporary and disability assistance, the New York state liquor authority and the New York state gaming commission shall be authorized to promul- gate regulations on an emergency basis and immediately take such other actions as necessary to implement the provisions of this act; provided, further, that the amendments to section 17 of the alcoholic beverage control law made by section two of this act shall not affect the expira- tion of such section and shall be deemed to expire therewith. PART K Section 1. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural rental assistance program, a sum not to exceed twenty million four hundred thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with rural rental assistance program contracts authorized by this section, a total sum not to exceed twenty million four hundred thousand dollars as soon as practicable but no later than June 30, 2014. Notwithstanding any other provision of law, all current and existing rural rental assistance program contracts may be assigned to the corporation to administer as soon as practicable. Notwithstanding any other provision of law, such funds may be used by the corporation in support of contracts scheduled to expire in 2014-15 for as many as 10 additional years; in support of contracts for new eligible projects for a period not to exceed 5 years; and in support of contracts which reach their 25 year maximum in and/or prior to 2014-15 for an additional one year period. S 2. Notwithstanding any other provision of law, the housing finance agency may provide, for costs associated with the rehabilitation of Mitchell Lama housing projects, a sum not to exceed thirty-two million dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the A. 8556--C 55 state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing finance agency, for the purposes of reimbursing any costs asso- ciated with Mitchell Lama housing projects authorized by this section, a total sum not to exceed thirty-two million dollars as soon as practica- ble but no later than March 31, 2015. S 3. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the neighborhood preservation program and for the purpose of entering into a contract with the neighborhood preservation coalition to provide techni- cal assistance and services to companies funded pursuant to article XVI of the private housing finance law, a sum not to exceed ten million seventy-three thousand dollars for the fiscal year ending March 31, 2015. The contract with the neighborhood preservation coalition shall be an amount not less than one hundred fifty thousand dollars. Notwith- standing any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with neighborhood preservation program contracts and the contract with the neighborhood preservation coalition authorized by this section, a total sum not to exceed ten million seventy-three thousand dollars as soon as practicable but no later than June 30, 2014. S 4. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the rural preservation program and for the purpose of entering into a contract with the rural housing coalition to provide technical assist- ance and services to companies funded pursuant to article XII of the private housing finance law, a sum not to exceed four million two hundred four thousand dollars for the fiscal year ending March 31, 2015. The contract with the rural housing coalition shall be in an amount not less than one hundred fifty thousand dollars. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with rural preservation program contracts and the contract with the rural housing coalition authorized by this section, a total sum not to exceed four million two hundred four thousand dollars as soon as practicable but no later than June 30, 2014. S 5. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authori- ties law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mortgage agency shall authorize the transfer from the project pool insurance account of A. 8556--C 56 the mortgage insurance fund to the state treasury for deposit in the general fund a total sum not to exceed twenty million dollars as soon as practicable but no later than March 31, 2015. S 6. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law, a sum not to exceed two million five hundred thousand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of directors of the state of New York mort- gage agency shall authorize the transfer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corpo- ration (the corporation), for the purposes of carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed two million five hundred thousand dollars as soon as practicable but no later than March 31, 2015. S 7. Notwithstanding any other provision of law, the housing trust fund corporation (the corporation) may provide, for purposes of the homes for working families program for deposit in the housing trust fund created pursuant to section 59-a of the private housing finance law and subject to the provisions of article XVIII of the private housing finance law, a sum not to exceed one million seven hundred fifty thou- sand dollars for the fiscal year ending March 31, 2015. Notwithstanding any other provision of law, and provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the board of direc- tors of the state of New York mortgage agency shall authorize the trans- fer from the project pool insurance account of the mortgage insurance fund to the housing trust fund corporation (the corporation), for the purposes of reimbursing any costs associated with homes for working families program contracts authorized by this section, a total sum not to exceed one million seven hundred fifty thousand dollars as soon as practicable but no later than March 31, 2015. S 8. This act shall take effect immediately. PART L Section 1. Subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law, as added by section 1 of part K of chapter 57 of the laws of 2012, is amended 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 special education programs [and], related services AND CAREER AND TECHNICAL EDUCATION 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 educational service. Services provided pursuant to A. 8556--C 57 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 section 2 of part K of chapter 57 of the laws of 2012, is amended to read as follows: 6-a. Notwithstanding subdivision six of this section or any other law to the contrary, the commissioner of the office of children and family services shall be responsible for the secular education of youth under the jurisdiction of the 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 such youth is located or with the board of cooperative educational services at which any such school district is a component district for special education programs [and], related services AND CAREER AND TECHNICAL EDUCATION SERVICES. 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. Section 3 of part K of chapter 57 of the laws of 2012, amending the education law relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, is amended to read as follows: S 3. The office of children and family services, in consultation with the STATE EDUCATION department [of education], shall prepare and submit to the governor, the temporary president of the senate and the speaker of the assembly a report by December 1, 2015, that shall analyze the cost effectiveness and programmatic impact of delivering special educa- tion programs [and], related services AND CAREER AND TECHNICAL EDUCATION SERVICES through boards of cooperative educational services in juvenile justice facilities operated by the office. S 4. This act shall take effect immediately; provided that the amend- ments to subparagraph 8 of paragraph h of subdivision 4 of section 1950 of the education law made by section one of this act shall not affect the expiration and repeal of such subparagraph and shall expire and be deemed repealed therewith pursuant to section 4 of part K of chapter 57 of the laws of 2012, and provided further, that the amendments to subdi- vision 6-a of section 3202 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdi- vision pursuant to section 4 of part K of chapter 57 of the laws of 2012; and the amendments made to section 3 of part K of chapter 57 of the laws of 2012 by section three of this act shall not affect the repeal of such section as provided in section 4 of part K of chapter 57 of the laws of 2012 and shall be deemed repealed therewith. PART M Section 1. Section 131-a of the social services law is amended by adding a new subdivision 14 to read as follows: 14. IN DETERMINING THE NEED FOR AID PROVIDED PURSUANT TO PUBLIC ASSISTANCE PROGRAMS, EACH PERSON LIVING WITH CLINICAL/SYMPTOMATIC HIV ILLNESS OR AIDS IN SOCIAL SERVICES DISTRICTS WITH A POPULATION OVER FIVE MILLION WHO IS RECEIVING SERVICES THROUGH SUCH DISTRICT'S ADMINISTRATIVE A. 8556--C 58 UNIT PROVIDING HIV/AIDS SERVICES, PUBLIC ASSISTANCE AND EARNED AND/OR UNEARNED INCOME, SHALL NOT BE REQUIRED TO PAY MORE THAN THIRTY PERCENT OF HIS OR HER MONTHLY EARNED AND/OR UNEARNED INCOME TOWARD THE COST OF RENT THAT SUCH PERSON HAS A DIRECT OBLIGATION TO PAY; THIS PROVISION SHALL NOT APPLY TO ROOM AND BOARD ARRANGEMENTS. S 2. This act shall take effect immediately; provided that no funds shall be expended pursuant to this act until a plan submitted by a district has been approved by the office of temporary and disability assistance and the director of the budget. PART N Section 1. This act shall be known and may be cited as the "New York state DREAM Act". S 2. The education law is amended by adding a new section 609 to read as follows: S 609. NEW YORK DREAM FUND COMMISSION. 1. (A) THERE SHALL BE CREATED A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS. (B) THE NEW YORK DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE MEMBERS TO BE APPOINTED AS FOLLOWS: (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR; (II) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM- BLY; (C) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY OF THE STATE. (D) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS. (E) MEMBERS OF THE NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES. 2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO: (I) ADMINISTER THE PROVISIONS OF THIS SECTION; (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND; (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL- ITY OF RAISING FUNDS FOR THE ADMINISTRATION OF THIS SECTION AND ANY EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS- TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI- GRANTS TO THE UNITED STATES; (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK DREAM FUND; (V) DEVELOP CRITERIA AND A SELECTION PROCESS FOR THE RECIPIENTS OF SCHOLARSHIPS FROM THE NEW YORK DREAM FUND; (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI- GRANTS WITHIN HIGHER EDUCATION; (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL AID OFFICERS OF INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND A. 8556--C 59 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA- BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LESSER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS; (VIII) ESTABLISH A PUBLIC AWARENESS CAMPAIGN REGARDING EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS; AND (IX) ESTABLISH, BY RULE, PROCEDURES FOR ACCEPTING AND EVALUATING APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND ISSU- ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS; (B) TO RECEIVE A SCHOLARSHIP PURSUANT TO THIS SECTION, A STUDENT APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS: (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE ATTENDING A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE; (II) HAVE GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE; (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR AT LEAST TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA; (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED STATES. (C) THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND. NO FUNDS OF THE NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS SECTION. 3. THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW. S 3. Subdivision 3 of section 661 of the education law is REPEALED. S 4. Paragraph a of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: a. (I) Except as provided in subdivision two of section six hundred seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an applicant for an award at the undergraduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resident during his last two semesters of high school either prior to graduation, or prior to admission to college. Provided further that persons shall be eligible to receive awards under section six hundred sixty-eight or section six hundred sixty-nine OF THIS PART who are currently legal residents of the state and are otherwise qualified. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN A. 8556--C 60 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA- TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 5. Paragraph b of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, AN applicant for an award at the graduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resi- dent during his last academic year of undergraduate study and have continued to be a legal resident until matriculation in the graduate program. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA- TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER. A. 8556--C 61 PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 6. Paragraph d of subdivision 5 of section 661 of the education law, as amended by chapter 844 of the laws of 1975, is amended to read as follows: d. If an applicant for an award allocated on a geographic basis has more than one residence in this state, his OR HER residence for the purpose of this article shall be his OR HER place of actual residence during the major part of the year while attending school, as determined by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS. S 7. Paragraph e of subdivision 5 of section 661 of the education law, as added by chapter 630 of the laws of 2005, is amended to read as follows: e. Notwithstanding any other provision of this article to the contra- ry, the New York state [residency] eligibility [requirement] REQUIRE- MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS SUBDIVISION ARE waived for a member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state. S 8. Paragraph h of subdivision 2 of section 355 of the education law is amended by adding a new subparagraph 10 to read as follows: (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE. S 9. Subdivision 7 of section 6206 of the education law is amended by adding a new paragraph (d) to read as follows: (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE. S 10. Section 6305 of the education law is amended by adding a new subdivision 8-a to read as follows: 8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI- A. 8556--C 62 DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMI- GRATION STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE. S 11. Paragraph d of subdivision 3 of section 6451 of the education law, as amended by chapter 149 of the laws of 1972, is amended to read as follows: d. Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such enrolled students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA- GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by the commissioner with the approval of the director of the budget. S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 of the education law, as added by chapter 917 of the laws of 1970, is amended to read as follows: (v) Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by such universities and approved by the regents and the director of the budget. S 13. Paragraph (a) of subdivision 2 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Undergraduate science and technology entry program moneys may be used for tutoring, counseling, remedial and special summer courses, supplemental financial assistance, program administration, and other activities which the commissioner may deem appropriate. To be eligible for undergraduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically under represented in the scientific, technical, health and health-related professions, and [who demonstrates] MUST DEMONSTRATE interest in and a potential for a professional career if provided special services. Eligi- ble students must be in good academic standing, enrolled full time in an approved, undergraduate level program of study, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS, SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE A. 8556--C 63 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA- TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 14. Paragraph (a) of subdivision 3 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Graduate science and technology entry program moneys may be used for recruitment, academic enrichment, career planning, supplemental financial assistance, review for licensing examinations, program admin- istration, and other activities which the commissioner may deem appro- priate. To be eligible for graduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically underrepresented in the scientific, technical and health- related professions. Eligible students must be in good academic stand- ing, enrolled full time in an approved graduate level program, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA- TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- A. 8556--C 64 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. S 15. Subparagraph (i) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (i) the name, address and social security number [or], employer iden- tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOUR- TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN- TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; S 16. Subparagraph (iii) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (iii) the name, address, and social security number, EMPLOYER IDEN- TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and S 17. The president of the higher education services corporation, in consultation with the commissioner of education, shall establish an application form and procedures that shall allow a student applicant that meets the requirements set forth in subparagraph (ii) of paragraph (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of the education law to apply directly to the higher education services corporation or education department for applicable awards without having to submit information to any other state or federal agency. All informa- tion contained within the applications filed with such corporation or department shall be deemed confidential. S 18. This act shall take effect immediately; provided, however, that: (a) section two of this act shall take effect January 1, 2015; (b) sections fifteen and sixteen of this act shall take effect on the ninetieth day after it shall have become a law; provided, however, that any rule or regulation necessary for the timely implementation of this act on its effective date shall be promulgated on or before such effec- tive date; and (c) sections three through fourteen and section seventeen of this act shall take effect on the ninetieth day after the issuance of regulations and the development of an application form by the president of the high- er education services corporation and commissioner of education or on the ninetieth day after it shall have become a law, whichever shall be later; provided, however that effective immediately the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date is authorized and directed to be made and completed on or before such date; provided, further, howev- er, that the president of the higher education services corporation and the commissioner of education shall notify the legislative bill drafting commission upon the occurrence of the issuance of the regulations and A. 8556--C 65 the development of an application form in order that the commission may maintain 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 O Section 1. Subdivision 4 of section 410-x of the social services law, as added by section 52 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 4. The amount to be paid or allowed for child care assistance funded under the block grant shall be the actual cost of care but no more than the applicable market-related payment rate established by the department in regulations. The payment rates established by the department shall be sufficient to ensure equal access for eligible children to comparable child care assistance in the substate area that are provided to children whose parents are not eligible to receive assistance under any federal or state programs. Such payment rates shall take into account the vari- ations in the costs of providing child care in different settings and to children of different age groups, and the additional costs of providing child care for children with special needs. FOR THE PURPOSE OF DETER- MINING SUCH PAYMENT RATES, AN INFANT SHALL BE CONSIDERED A CHILD UNDER THE AGE OF TWO. S 2. This act shall take effect April 1, 2014. PART P Section 1. Subdivision 6 of section 410-x of the social services law, as added by section 52 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 6. Pursuant to department regulations, child care assistance shall be provided on a sliding fee basis based upon the family's ability to pay. THE LOCAL SOCIAL SERVICES DISTRICT SHALL NOT REQUIRE A FAMILY RECEIVING CHILD CARE ASSISTANCE PURSUANT TO THIS TITLE TO CONTRIBUTE MORE THAN TWENTY PERCENT OF THE AMOUNT OF THEIR INCOME EXCEEDING THE POVERTY LEVEL. S 2. This act shall take effect April 1, 2014. PART Q Section 1. Section 410-x of the social services law is amended by adding a new subdivision 9 to read as follows: 9. REIMBURSEMENT FOR PAYMENT ON BEHALF OF CHILDREN WHO ARE TEMPORARILY ABSENT FROM CHILD CARE IS REQUIRED FOR A MINIMUM OF TWELVE DAYS IN A SIX MONTH PERIOD. REIMBURSEMENT MAY BE AUTHORIZED FOR A MAXIMUM NUMBER OF ABSENCES, WHICH SHALL BE NO LESS THAN TWENTY-FOUR DAYS IN A SIX MONTH PERIOD AS DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO REGULATION. REIMBURSEMENT FOR ADDITIONAL ABSENCES SHALL BE ALLOWABLE IN THE CASE OF EXTENUATING CIRCUMSTANCES, AS DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO REGULATION. S 2. This act shall take effect April 1, 2014. PART R A. 8556--C 66 Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 410-w of the social services law, are renumbered subdivisions 3, 4, 5, 6 and 7 and a new subdivision 2 is added to read as follows: 2. FOR PURPOSES OF DETERMINING FINANCIAL ELIGIBILITY UNDER THIS TITLE, THE EARNED INCOME OF A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN, WHO IS NOT LEGALLY RESPONSIBLE FOR THE CHILD OR CHILDREN FOR WHICH CHILD CARE ASSISTANCE IS SOUGHT, SHALL BE DISREGARDED WHEN DETERMINING THE ELIGI- BILITY OF A HOUSEHOLD FOR A CHILD CARE SUBSIDY. S 2. This act shall take effect immediately. PART S Section 1. The social services law is amended by adding a new section 372-h to read as follows: S 372-H. POST ADOPTION SERVICES. 1. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COLLECT DATA AND INFORMATION ON THE AVAILABILITY OF POST-ADOPTION SERVICES AROUND THE STATE. THE OFFICE SHALL WORK WITH LOCAL SOCIAL SERVICES DISTRICTS, AUTHORIZED AGENCIES, AND NOT-FOR-PROFIT AGENCIES WITH EXPERIENCE PROVIDING POST-ADOPTION SERVICES TO GATHER, TO THE GREATEST EXTENT POSSIBLE, NON-IDENTIFYING INFORMATION BY COUNTY INCLUDING BUT NOT LIMITED TO: A. THE NUMBER OF CHILDREN ENTERING FOSTER CARE WHO HAD PREVIOUSLY BEEN ADOPTED; B. THE NUMBER OF FAMILIES WHO RECEIVED POST-ADOPTION SERVICES; C. THE NUMBER OF CHILDREN IN PARAGRAPH A OF THIS SUBDIVISION WHO HAD RECEIVED POST-ADOPTION SERVICES AND WHAT TYPE OF SERVICES WERE RENDERED; D. THE NUMBER OF DENIED REQUESTS FOR SERVICES, AND THE REASON FOR SUCH DENIALS; AND E. THE TYPE OF SERVICE FOR WHICH REQUESTS WERE DENIED. 2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SUBMIT A REPORT TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE SENATE NO LATER THAN SEPTEMBER FIRST OF EACH YEAR WITH THE DATA AND INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION FOR THE PRECEDING YEAR. THE OFFICE SHALL INCLUDE AN ANALYSIS OF THE AVAILABILITY OF POST-ADOPTION SERVICES STATEWIDE AND REGIONALLY, THE EXTENT TO WHICH THE PROVISIONS OF SUCH SERVICES PREVENTS THE DISRUPTION OF ADOPTIONS AND RECOMMENDATIONS FOR SPECIFIC SERVICES TO PROMOTE THE PERMANENCY OF ADOPTIVE PLACEMENTS. THE OFFICE SHALL INDICATE THE EXTENT TO WHICH THE INFORMATION COLLECTED REFLECTS THE TOTAL POPULATION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, AND IDENTIFY ANY IMPEDIMENTS TO COLLECTING SUCH INFORMATION. S 2. This act shall take effect on the thirty-first of August next succeeding the date on which it shall have become a law; 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 is authorized and directed to be made and completed on or before such effective date. PART T Section 1. Paragraph (a) of subdivision 2 of section 335-a of the social services law, as amended by section 148 of part B of chapter 436 of the laws of 1997, is amended to read as follows: (a) Based on the assessment required by subdivision one of this section, the social services official, in consultation with the partic- ipant, shall develop an employability plan in writing which shall set A. 8556--C 67 forth the services that will be provided by the social services official and the activities in which the participant will take part, including supportive services and shall set forth an employment goal for the participant. [A local social services district may assign recipients in households without dependent children to any activity.] TO THE EXTENT POSSIBLE, THE EMPLOYABILITY PLAN SHALL REFLECT THE PREFERENCES OF THE PARTICIPANT IN A MANNER THAT IS CONSISTENT WITH THE RESULTS OF THE PARTICIPANT'S ASSESSMENT AND THE NEED OF THE SOCIAL SERVICES DISTRICT TO MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION REQUIREMENTS, AND, IF SUCH PREFERENCES CANNOT BE ACCOMMODATED, THE REASONS SHALL BE SPECIFIED IN THE EMPLOYABILITY PLAN. The employability plan also shall take into account the participant's supportive services needs, available program resources, local employment opportunities, and where the social services official is considering an educational activity assignment for such participant, the participant's liability for student loans, grants and scholarship awards. The employability plan shall be explained to the participant. Any change to the participant's employability plan required by the social services official shall be discussed with the participant and shall be documented in writing. S 2. Paragraph (h) of subdivision 1 of section 336 of the social services law, as amended by chapter 214 of the laws of 1998, is amended to read as follows: (h) vocational educational training as time limited by federal law. For the purposes of this title, "vocational educational training" shall include but not be limited to organized educational programs offering a sequence of courses which are directly related to the preparation of individuals for current or emerging occupations [requiring other than a baccalaureate or advanced degree] INCLUDING PROGRAMS THAT REQUIRE UP TO FOUR YEARS OF POST-SECONDARY EDUCATION. Such programs shall include competency-based applied learning which contributes to an individual's academic knowledge, higher-order reasoning, and problem-solving skills, work attitudes, general employability skills, and the occupational-spe- cific skills necessary for economic independence. Such term also includes applied technology education; S 3. Paragraph (i) of subdivision 1 of section 336 of the social services law, as added by section 148 of part B of chapter 436 of the laws of 1997, is amended to read as follows: (i) job skills training directly related to employment. JOB SKILLS TRAINING DIRECTLY RELATED TO EMPLOYMENT SHALL INCLUDE BUT NOT BE LIMITED TO PARTICIPATION IN UP TO FOUR YEARS OF POST-SECONDARY EDUCATION TO THE EXTENT CONSISTENT WITH FEDERAL AND STATE REQUIREMENTS; S 4. Subdivision 1 of section 336-a of the social services law, as amended by section 148 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 1. Social services districts shall make available vocational educa- tional training and educational activities INCLUDING PROGRAMS THAT REQUIRE UP TO FOUR YEARS OF POST-SECONDARY EDUCATION. Such activities may include but need not be limited to, high school education or educa- tion designed to prepare a participant for a high school equivalency certificate, basic and remedial education, AND education in English proficiency and SHALL INCLUDE no more than a total of [two] FOUR years of post-secondary education (or the part-time equivalent if full-time study would constitute an undue hardship) [in]. EDUCATIONAL ACTIVITIES PURSUANT TO THIS SECTION MAY BE OFFERED WITH any of the following providers which meet the performance or assessment standards established in regulations by the commissioner for such providers: a community A. 8556--C 68 college, licensed trade school, registered business school, or a two- year OR FOUR-YEAR college; provided, however, that such post-secondary education must be necessary to the attainment of the participant's indi- vidual employment goal as set forth in the employability plan and such goal must relate directly to obtaining useful employment in a recognized occupation. WHEN MAKING ANY ASSIGNMENT TO ANY EDUCATIONAL ACTIVITY PURSUANT TO THIS SUBDIVISION, SUCH ASSIGNMENT SHALL BE PERMITTED ONLY TO THE EXTENT THAT SUCH ASSIGNMENT IS CONSISTENT WITH THE INDIVIDUAL'S ASSESSMENT AND EMPLOYMENT PLAN GOALS IN ACCORDANCE WITH SECTIONS THREE HUNDRED THIRTY-FIVE AND THREE HUNDRED THIRTY-FIVE-A OF THIS TITLE AND SHALL REQUIRE THAT THE INDIVIDUAL MAINTAINS SATISFACTORY ACADEMIC PROGRESS. FOR PURPOSES OF THIS PROVISION "SATISFACTORY ACADEMIC PROGRESS" SHALL MEAN SATISFACTORY PROGRESS AS DEFINED IN 20 USC 1091(C). S 5. Paragraph (c) of subdivision 1 of section 131-n of the social services law, as amended by chapter 373 of the laws of 2003, is amended to read as follows: (c) an amount up to one thousand four hundred dollars in a separate bank account established by an individual while currently in receipt of assistance for the purpose of paying tuition at a two-year OR FOUR-YEAR accredited post-secondary educational institution, so long as the funds are not used for any other purpose, S 6. This act shall take effect immediately; provided, however, that the amendments to paragraph (c) of subdivision 1 of section 131-n of the social services law made by section five of this act shall not affect the expiration of such section and shall be deemed to expire therewith. PART U Section 1. Subdivision 2 of section 410-x of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: 2. (a) A social services district may establish priorities for the families which will be eligible to receive funding; provided that the priorities provide that eligible families will receive equitable access to child care assistance funds to the extent that these funds are avail- able. (b) A social services district shall set forth its priorities for child care assistance in the district's consolidated services plan. The commissioner of the office of children and family services shall not approve any plan that does not provide for equitable access to child care assistance funds. (c) A social services district shall be authorized to set aside portions of its block grant allocation to serve one or more of its priority groups and/or to discontinue funding to families with lower priorities in order to serve families with higher priorities; provided that the method of disbursement to priority groups provides that eligi- ble families within a priority group will receive equitable access to child care assistance funds to the extent that these funds are avail- able. (d) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER IN ANY SOCIAL SERVICES DISTRICT THAT DOES NOT HAVE SUFFI- CIENT FUNDING TO SERVE ALL ELIGIBLE WORKING FAMILIES UNDER TWO HUNDRED PERCENT OF THE STATE INCOME STANDARD, SHALL OFFER THE TWELVE MONTH WORK EXEMPTION PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THIS CHAPTER, TO ALL PARENTS OR OTHER RELATIVES IN RECEIPT OF PUBLIC ASSISTANCE WHO ARE PERSONALLY PROVIDING CARE FOR A A. 8556--C 69 CHILD UNDER ONE YEAR OF AGE REGARDLESS OF WHETHER SUCH PARENT OR OTHER RELATIVE HAS PREVIOUSLY BEEN OFFERED AN EXEMPTION UNDER SUCH SECTION THREE HUNDRED THIRTY-TWO. THIS SECTION SHALL NOT APPLY TO INDIVIDUALS WHO: (I) SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED INCOME; OR (II) PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE PORTION OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME. (E) IN THE EVENT THAT A SOCIAL SERVICES DISTRICT MUST DISCONTINUE FUNDING TO A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE PARTIC- ULAR GROUP AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED, THE SOCIAL SERVICES DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN TEN DAYS OF SUCH RESTORATION. (F) Each social services district shall collect and submit to the commissioner of the office of children and family services in a manner to be specified by the commissioner of the office of children and family services information concerning the disbursement of child care assist- ance funds showing geographic distribution of children receiving assist- ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER- WISE ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES AND THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT. [(e)] (G) The commissioner of the office of children and family services shall submit a report to the governor, temporary president of the senate and the speaker of the assembly on or before August thirty- first[, two thousand one] OF EVERY YEAR concerning the implementation of this section. This report shall include information concerning the disbursement of child care assistance funds showing geographic distrib- ution of children receiving assistance within the state. BEGINNING AUGUST THIRTY-FIRST, TWO THOUSAND FIFTEEN, SUCH REPORT, AND EACH SUBSE- QUENT REPORT THEREAFTER, SHALL ALSO: (I) IDENTIFY THE COUNTIES THAT HAVE DISCONTINUED OR RESTORED FUNDING TO PRIORITY GROUPS, AS SET FORTH IN SUBDIVISION (E) OF THIS SECTION; (II) LIST THE PRIORITY GROUPS AFFECTED; (III) PROVIDE FOR EACH COUNTY FOR EACH OF THE TWELVE MONTHS COVERED BY THIS REPORT THE NUMBER OF WORKING FAMILIES WHO WERE OTHERWISE ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES; AND (IV) THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT. S 2. This act shall take effect immediately. PART V Section 1. Legislative findings. The legislature hereby finds and declares that: According to the 2010 United States Census, in New York state, 310,876 children under the age of 18 live in homes headed by grandparent care- givers and 71,997 children under the age of 18 live in homes headed by a caregiver who is an elderly relative. Rarely do these caregivers have access to subsidies or support for the children in their care; moreover, many are forced to return to the work- force, cut into retirement savings, or seek additional employment in order to provide for these children. A. 8556--C 70 In addition to unexpected expenses and drastic situation changes, many caregivers find their housing security complicated or jeopardized by the need to care for young children. Often, housing that may have been appropriate for a single, low- or fixed-income grandparent or senior is neither accepting of, nor suitable or appropriate, for young children. In order to respond to the various housing needs of grandparent and elderly relative caregivers, the legislature must evaluate and under- stand the circumstances, scope, and scale of the issue. S 2. 1. Grandparent housing study. The New York state division of housing and community renewal, in consultation with the New York state office of children and family services and the New York state office for the aging, shall execute a study on housing in relation to grandparent and elderly relative caregivers of children under the age of 18, includ- ing, but not limited to: a. circumstances under which children reside with and are under the primary care of grandparent or elderly relative caregivers; b. housing challenges, including transitional access to, physical accommodations of, discrimination in, and current availability of appro- priate housing, that grandparent and elderly relative caregivers confront when caring for young children; c. the economic costs to and social support needs of grandparent and elderly relative caregivers, particularly those who are low-income or live on fixed incomes; d. policy, taxation, and financing models that legislators and state agencies may consider in addressing the housing needs of grandparent and elderly relative caregivers; e. availability and awareness of programs aimed at providing support to low- and fixed-income grandparent and elderly relative caregivers; and f. statistical and geographic mapping of households across New York where children reside with and are under the primary care of grandparent or elderly relative caregivers. 2. Grandparent housing study report. The New York state division of housing and community renewal shall submit to the governor, the speaker and minority leader of the assembly, and the temporary president and minority leader of the senate a report with findings and recommendations concerning the grandparent housing study within one year of the effec- tive date of this act. 3. Assistance. To the maximum extent possible, the New York state division of housing and community renewal, the office of children and family services, and the office for the aging shall be entitled to request and receive, and shall utilize and be provided with such facili- ties, resources, and data from any state court, department, division, board, bureau, commission, agency, or political subdivision that they may reasonably request to properly execute their responsibilities pursu- ant to this act. S 3. This act shall take effect immediately, provided, however, that the provisions of this act shall expire and be deemed repealed one year and one day after this act shall have become a law or upon submission of the grandparent housing study report pursuant to subdivision two of section two of this act, whichever is later; provided that the New York state division of housing and community renewal shall notify the legis- lative bill drafting commission of the date of submission of the grand- parent housing study report. PART W A. 8556--C 71 Section 1. Section 341 of the social services law, as amended by section 148 of part B of chapter 436 of the laws of 1997, subdivision 1 as amended by section 1 of part D of chapter 61 of the laws of 2006, is amended to read as follows: S 341. [Conciliation] RE-ENGAGEMENT; CONCILIATION; refusal to partic- ipate. 1. (a) Consistent with federal law and regulations and this title, IF A PARTICIPANT HAS FAILED OR REFUSED TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE AND THE DISTRICT HAS DETERMINED THAT HE OR SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERIFIED THAT APPROPRI- ATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL, [if a participant has failed or refused to comply with the requirements of this title,] the social services district shall issue a RE-ENGAGEMENT notice in plain language indicating that such failure or refusal has taken place and of the right of such participant to [conciliation to resolve] AVOID A PRO- RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS THROUGH THE RE-ENGAGEMENT PROCESS. "RE-ENGAGEMENT PROCESS" SHALL MEAN THE PROCESS THROUGH WHICH A PARTICIPANT MAY AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS BY AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES, BY NOTIFYING THE DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS TITLE, OR BY RESOLVING the reasons for such failure or refusal [to avoid a pro-rata reduction in public assistance benefits for a period of time set forth in section three hundred forty-two of this title] AT A CONCILIATION CONFERENCE. THE NOTICE SHALL INDICATE THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST RE-ENGAGEMENT WITH THE DISTRICT. The notice shall indicate the specific instance or instances of willful refusal or failure to comply without good cause with the requirements of this title and the necessary actions that must be taken to avoid a pro-rata reduction in public assistance benefits AND THE DISTRICT HAS VERIFIED THAT APPROPRIATE CHILD CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL. [The notice shall indicate that the participant has seven days to request conciliation with the district regarding such failure or refusal in the case of a safety net partic- ipant and ten days in the case of a family assistance participant.] (1) IF A PARTICIPANT CHOOSES TO AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS THROUGH A CONCILIATION CONFERENCE, IT WILL BE THE RESPONSIBILITY OF THE PARTICIPANT TO GIVE REASONS FOR SUCH FAILURE OR REFUSAL. The RE-ENGAGEMENT notice shall also include an explanation in plain language of what would constitute good cause for non-compliance and examples of acceptable forms of evidence that may warrant an exemption from work activities, including evidence of domestic violence, and physical or mental health limitations that may be provided at the conciliation conference to demonstrate such good cause for failure to comply with the requirements of this title. UNLESS AS PART OF THE RE-ENGAGEMENT PROCESS THE PARTICIPANT DOES NOT AGREE TO COMPLY, HAS NOT BECOME EXEMPT OR THE DISTRICT DETERMINES AS A RESULT OF THE CONCILIATION CONFERENCE THAT SUCH FAILURE OR REFUSAL WAS WILLFUL AND WITHOUT GOOD CAUSE, NO FURTHER ACTION SHALL BE TAKEN. (2) If the participant does not contact the district within [the spec- ified number of] TEN days OF THE RE-ENGAGEMENT NOTICE, the district shall [issue ten days notice of intent to discontinue or reduce assist- ance, pursuant to regulations of the department. Such notice shall also include a statement of the participant's right to a fair hearing relat- ing to such discontinuance or reduction. If such participant contacts A. 8556--C 72 the district within seven days in the case of a safety net participant or within ten days in the case of a family assistance participant, it will be the responsibility of the participant to give reasons for such failure or refusal] MAKE A FINDING OF WHETHER THE ALLEGED FAILURE OR REFUSAL TO COMPLY WAS WILLFUL AND WITHOUT GOOD CAUSE AND SHALL CONSIDER ANY EVIDENCE IN THE POSSESSION OF THE DISTRICT INDICATING THAT THE PARTICIPANT HAS GOOD CAUSE AND IF THE PARTICIPANT IS OTHERWISE PARTIC- IPATING IN WORK ACTIVITIES, THERE SHALL BE NO FINDING OF WILLFULNESS WITHOUT GOOD CAUSE BASED ON A SINGLE APPOINTMENT OR INFRACTION. (b) [Unless the district determines as a result of such conciliation process that such failure or refusal was willful and was without good cause, no further action shall be taken.] If the district determines that such failure or refusal was willful and without good cause, AND THAT THE INDIVIDUAL IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE, the district shall notify such participant in writing, in plain language and in a manner distinct from any previous notice, by issuing ten days notice of its intent to discontinue or reduce assistance. Such notice shall include the reasons for such determination, the specific instance or instances of willful refusal or failure to comply without good cause with the requirements of this title, SHALL VERIFY THAT APPROPRIATE CHILD CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL, AND SPECIFY the necessary actions that must be taken to avoid a pro-rata reduction in public assistance benefits, INCLUDING AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID- UAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES OR NOTIFYING THE DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS TITLE and the right to a fair hearing relating to such discontinuance or reduction. [Unless extended by mutual agreement of the participant and the district, conciliation shall terminate and a determination shall be made within fourteen days of the date a request for conciliation is made in the case of a safety net participant or within thirty days of the conciliation notice in the case of a family assistance participant.] 2. (a) The department shall establish in regulation a conciliation procedure for the resolution of disputes related to an individual's participation in programs pursuant to this title. (b) The district shall contract with an independent entity, approved by the department, or shall use designated trained staff at the supervi- sory level who have no direct responsibility for the participant's case to mediate disputes in the conciliation conference. [If no such supervi- sory staff or independent entity is available, the district may desig- nate another trained individual, who has no direct responsibility for the participant's case to mediate disputes in the conciliation confer- ence.] (c) If a participant's dispute cannot be resolved through such concil- iation procedure, an opportunity for a fair hearing shall be provided. No sanction relating to the subject dispute may be imposed during the [conciliation] RE-ENGAGEMENT process. 3. When any [family assistance] participant required to participate in work activities fails to comply with the provisions of this title, the social services district shall take such actions as prescribed by appro- priate federal law and regulation and this title. 4. [When any safety net participant required to participate in work activities fails to comply with the provisions of this title, the social services district shall deny assistance to such participant in accord- ance with section three hundred forty-two of this title. A. 8556--C 73 5. (a) To the extent that] CONSISTENT WITH federal law [requires] AND THIS TITLE, a social services district shall provide to those [family assistance] participants whose failure to comply has continued for [three months] THIRTY DAYS or longer a written reminder of the option to end a sanction [after the expiration of the applicable minimum sanction period] by terminating the failure to comply as specified in subdivision [three] ONE of this section. Such notice shall advise that the partic- ipant may immediately terminate the [first or second] sanction by [participating in the program or accepting employment and that any subsequent sanction after six months have elapsed may be terminated by participating in the program or accepting employment. (b) A social services district shall provide to those safety net participants whose failure to comply has continued for the length of the sanction period or longer a written reminder of the option to end a sanction after the expiration of the applicable minimum sanction period by terminating the failure to comply as specified in subdivision four of this section.] EITHER AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID- UAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES OR NOTIFYING THE DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS TITLE. [6.] 5. Consistent with federal law and regulation AND THIS TITLE, no NOTICE SHALL BE ISSUED AS SPECIFIED IN SUBDIVISION ONE OF THIS SECTION UNLESS IT HAS BEEN DETERMINED THAT THE INDIVIDUAL IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND HAS DETERMINED THAT APPROPRIATE CHILD CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE AND NO action shall be taken pursuant to this section for failure to participate in the program or refusal to accept employment if: (a) child care for a child under age thirteen (or day care for any incapacitated individual living in the same home as a dependent child) is necessary for an individual to participate or continue participation in activities pursuant to this title or accept employment and such care is not available and the social services district fails to provide such care; (b) (1) the employment would result in the family of the participant experiencing a net loss of cash income; provided, however, a participant may not claim good cause under this paragraph if the social services district assures that the family will not experience a net loss of cash income by making a supplemental payment; (2) net loss of cash income results if the family's gross income less necessary work-related expenses is less than the cash assistance the participant was receiving at the time the offer of employment is made; or (c) the participant meets other grounds for good cause set forth by the department in its implementation plan for this title which, at a minimum, must describe what circumstances beyond the household's control will constitute "good cause". S 2. Section 342 of the social services law, as added by section 148 of part B of chapter 436 of the laws of 1997, is amended to read as follows: S 342. Noncompliance with the requirements of this title. 1. In accordance with the provisions of this section an individual who is required to participate in work activities shall be ineligible to receive public assistance if he or she fails to comply, without good A. 8556--C 74 cause, with the requirements of this title AND THE DISTRICT HAS DETER- MINED THAT HE OR SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERI- FIED THAT APPROPRIATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL. Such ineligibility shall be for the amount and periods specified in this section. Good cause for failing to comply with the requirements of this title shall be defined in department regulations, provided, however, that the parent or caretaker relative of a child under thirteen years of age shall not be subject to the ineligibility provisions of this section if the individual can demonstrate, in accordance with the regulations of the office of children and family services [department], that lack of available child care prevents such individual from complying with the work requirements of this title. The parent or caretaker relative shall be responsible for locating the child care needed to meet the work requirements; provided, however, that the relevant social services district shall provide a parent or caretaker relative who demonstrates an inability to obtain needed child care with a choice of two providers, at least one of which will be a regulated provider. 2. In the case of an applicant for or recipient of public assistance WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND who is a parent or caretaker of a dependent child, the public assistance benefits otherwise available to the household of which such individual is a member shall be reduced pro-rata: (a) for the first instance of failure to comply without good cause with the requirement of this article until the individual is willing to comply; (b) for the second instance of failure to comply without good cause with the requirements of this article, UNTIL THE INDIVIDUAL IS WILLING TO COMPLY OR, for a period of three months and thereafter until the individual is willing to comply, WHICHEVER IS SHORTER; (c) for the third and all subsequent instances of failure to comply without good cause with the requirements of this article, UNTIL THE INDIVIDUAL IS WILLING TO COMPLY OR, for a period of six months and ther- eafter until the individual is willing to comply, WHICHEVER IS SHORTER. 3. In the case of an individual who is a member of a household without dependent children WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND WHO IS applying for or in receipt of safety net assistance, the public assistance benefits otherwise avail- able to the household of which such individual is a member shall be reduced pro-rata: (a) for the first such failure or refusal, until the failure or refusal TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES ceases or ninety days, which ever period of time is [longer] SHORTER; (b) for the second such failure or refusal, until the failure ceases or for one hundred fifty days, whichever period of time is [longer] SHORTER; and (c) for the third and all subsequent such failures or refusals, until the failure ceases or one hundred eighty days, whichever period of time is [longer] SHORTER. 4. A recipient of public assistance WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND who quits or reduces his hours of employment without good cause shall be considered to have failed to comply with the requirements of this article and shall be subject to the provisions of this section. A. 8556--C 75 5. A person described in paragraph (b) of subdivision seven of section one hundred fifty-nine of this chapter may not be sanctioned if his or her failure to comply with requirements of this title are related to his or her health status. S 3. This act shall take effect immediately. PART X Section 1. Section 106 of the social services law, as amended by chap- ter 200 of the laws of 1946, the section heading as amended, subpara- graph 5 of paragraph (a) of subdivision 2 as renumbered and paragraphs (e) and (f) of subdivision 2 as added by chapter 1080 of the laws of 1974, subdivision 1 and paragraph (a) of subdivision 2 as amended by chapter 764 of the laws of 1972, paragraph (b) of subdivision 2 as amended by chapter 150 of the laws of 1955, paragraph (c) of subdivision 2 as amended by chapter 310 of the laws of 1962, paragraph (d) of subdi- vision 2 as added by chapter 43 of the laws of 1952, subdivision 3 as amended by chapter 271 of the laws of 1948 and subdivision 4 as added by chapter 340 of the laws of 2003, is amended to read as follows: S 106. Powers of social services official to receive and dispose of a deed, mortgage, or lien. 1. A social services official responsible, by or pursuant to any provision of this chapter, for the administration of assistance or care granted or applied for may accept a deed of real property and/or a mortgage thereon on behalf of the public welfare district for the assistance and care of a person at public expense but such property shall not be considered as public property and shall remain on the tax rolls and such deed or mortgage shall be subject to redemption as provided in paragraph (a) of subdivision [two] SIX hereof. 2. ANY INCONSISTENT PROVISION OF THIS CHAPTER OR ANY OTHER LAW NOTWITHSTANDING, A SOCIAL SERVICES OFFICIAL MAY NOT ASSERT ANY CLAIM UNDER ANY PROVISION OF THIS CHAPTER TO RECOVER PAYMENTS MADE AS PART OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP), CHILD CARE SERVICES, EMERGENCY ASSISTANCE TO ADULTS OR THE HOME ENERGY ASSISTANCE PROGRAM (HEAP). 3. ANY INCONSISTENT PROVISION OF THIS CHAPTER OR OF ANY OTHER LAW NOTWITHSTANDING, A SOCIAL SERVICES OFFICIAL MAY NOT ASSERT ANY CLAIM UNDER ANY PROVISION OF THIS CHAPTER TO RECOVER PAYMENTS OF PUBLIC ASSISTANCE IF SUCH PAYMENTS WERE REIMBURSED BY CHILD SUPPORT COLLECTIONS. 4. ANY INCONSISTENT PROVISION OF THIS CHAPTER OR OF ANY OTHER LAW NOTWITHSTANDING, A SOCIAL SERVICES OFFICIAL MAY NOT ASSERT ANY CLAIM UNDER ANY PROVISION OF THIS CHAPTER TO RECOVER PAYMENTS OF PUBLIC ASSISTANCE UNLESS, BEFORE IT HAS ACCEPTED A DEED OR MORTGAGE FROM AN APPLICANT OR RECIPIENT, IT HAS FIRST RECEIVED A SIGNED ACKNOWLEDGMENT FROM THE APPLICANT OR RECIPIENT ACKNOWLEDGING THAT: (A) THE APPLICANT OR RECIPIENT UNDERSTANDS THAT BENEFITS PROVIDED AS PART OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP), CHILD CARE SERVICES, EMERGENCY ASSISTANCE TO ADULTS OR THE HOME ENERGY ASSISTANCE PROGRAM (HEAP) MAY NOT BE INCLUDED AS PART OF THE RECOVERY TO BE MADE UNDER THE MORTGAGE; (B) IF THE APPLICANT OR RECIPIENT DECLINES TO PROVIDE THE LIEN OR MORTGAGE THE CHILDREN IN THE HOUSEHOLD REMAIN ELIGIBLE FOR PUBLIC ASSISTANCE. 5. (A) UNTIL SUCH PROPERTY OR MORTGAGE IS SOLD, ASSIGNED OR FORECLOSED PURSUANT TO LAW BY THE SOCIAL SERVICES OFFICIAL, OR UNTIL SUCH MORTGAGE HAS BEEN PAID OFF, THE PERSON GIVING SUCH DEED OR MORTGAGE, OR HIS OR A. 8556--C 76 HER ESTATE OR THOSE ENTITLED THERETO, SHALL RECEIVE AN ANNUAL ACCOUNTING OF THE PUBLIC ASSISTANCE INCURRED AND REPAIRS AND TAXES PAID ON PROPER- TY. THE DISTRICT SHALL PROVIDE SUCH ACCOUNTING NO LATER THAN FOUR MONTHS AFTER THE END OF THE COUNTY'S FISCAL YEAR. (B) SUCH ACCOUNTING SHALL INCLUDE INFORMATION REGARDING THE DEBT OWED, INCLUDING, BUT NOT LIMITED TO: (1) AN ENUMERATION OF ALL ASSISTANCE INCURRED BY THE PERSON GIVING SUCH DEED OR MORTGAGE OR HIS OR HER HOUSEHOLD TO DATE; (2) THE CURRENT AMOUNT OF RECOVERABLE ASSISTANCE UNDER THE DEED OR MORTGAGE; (3) THE AMOUNT OF ANY CREDITS AGAINST ASSISTANCE INCLUDING BUT NOT LIMITED TO: A. THE AMOUNT OF CHILD SUPPORT COLLECTED AND RETAINED BY THE DISTRICT AS REIMBURSEMENT FOR ASSISTANCE; B. RECOVERIES UNDER SECTION ONE HUNDRED FOUR OF THIS TITLE; C. RECOVERIES UNDER SECTION ONE HUNDRED THIRTY-ONE-R OF THIS CHAPTER. (4) SAID ACCOUNTING SHALL ALSO PROVIDE INFORMATION REGARDING THE MANNER IN WHICH PAYMENTS MAY BE MADE TO THE SOCIAL SERVICES DISTRICT TO REDUCE THE AMOUNT OF THE MORTGAGE. (C) IN THE EVENT THAT AN ANNUAL ACCOUNTING IS NOT PROVIDED TO THE PERSON GIVING SUCH DEED OR MORTGAGE OR HIS OR HER ESTATE OR THOSE ENTI- TLED THERETO, WITHIN THE FOUR MONTH PERIOD REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVISION, NO ASSISTANCE SHALL BE RECOVERABLE FOR THAT FISCAL YEAR. IN THE EVENT THAT THE PERSON GIVEN THE DEED OR MORTGAGE HAS RECEIVED NO RECOVERABLE ASSISTANCE IN ANY YEAR, THE ANNUAL ACCOUNTING MUST CONTINUE TO BE PROVIDED, REFLECTING ANY CREDITS THAT HAVE BEEN APPLIED AGAINST THE ACCOUNT. (D) NO DEED OR MORTGAGE TAKEN ON OR BEFORE JANUARY FIRST, TWO THOUSAND FOURTEEN SHALL BE VALID UNLESS A SOCIAL SERVICES OFFICIAL PROVIDES AN ACCOUNTING TO THE PERSON GIVING SUCH DEED OR MORTGAGE OR HIS OR HER ESTATE OR THOSE ENTITLED THERETO, PURSUANT TO THIS SUBDIVISION, ON OR BEFORE NOVEMBER FIRST, TWO THOUSAND FIFTEEN. 6. (a) (1) Until such property or mortgage is sold, assigned or fore- closed pursuant to law by the social services official, the person giving such deed or mortgage, or his estate or those entitled thereto, may redeem the same by the payment of all expenses incurred for the support of the person, and for repairs and taxes paid on such property, provided, however, that a social services official may enter into a contract for such redemption, subject to the provisions of this para- graph, and containing such terms and conditions, including provisions for periodic payments, [with or] without interest, [as the social services official shall deem appropriate,] for an amount less than the full expenses incurred for the support of the person and for repairs and taxes paid on such property (hereinafter called a "lesser sum"), which lesser sum shall in no event be less than the difference between the appraised value of such property and the total of the then unpaid prin- cipal balance of any recorded mortgages and the unpaid balance of sums secured by other liens against such property. (2) In the case of a redemption for a lesser sum, the social services official shall obtain (i) an appraisal of the current market value of such property, by an appraiser acceptable to both parties, and (ii) a statement of the principal balance of any recorded mortgages or other liens against such property (excluding the debt secured by the deed, mortgage or lien of the social services official). Any expenses incurred pursuant to this paragraph shall be audited and allowed in the same manner as other official expenses. A. 8556--C 77 (3) Every redemption contract for any lesser sum shall be approved by the department upon an application by the social services official containing the appraisal and statement required by subparagraph two, a statement by the social services official of his reasons for entering into the contract for such lesser sum and any other information required by regulations of the department. (4) So long as the terms of the approved redemption contract are performed, no public sale of such property shall be held. (5) The redemption for a lesser sum shall reduce the claim of the social services official against the recipient on the implied contract under section one hundred four of this chapter or under any other law, to the extent of all sums paid in redemption. (b) In order to allow a minimum period for redemption, the public welfare official shall not sell the property or mortgage until after the expiration of one year from the date he received the deed or mortgage, but if unoccupied property has not been redeemed within six months from the date of death of the person who conveyed it to him by deed the public welfare official may thereafter, and before the expiration of such year, sell the property. (c) Except as otherwise provided in this chapter, upon the death of the person or his receiving institutional care, if the mortgage has not been redeemed, sold or assigned, the public welfare official may enforce collection of the mortgage debt in the manner provided for the foreclo- sure of mortgages by action. (d) Provided the department shall have given its approval in writing, the public welfare official may, when in his judgment it is advisable and in the public interest, release a part of the property from the lien of the mortgage to permit, and in consideration of, the sale of such part by the owner and the application of the proceeds to reduce said mortgage or to satisfy and discharge or reduce a prior or superior mort- gage. (e) While real property covered by a deed or mortgage is occupied, in whole or in part, by an aged, blind or disabled person who executed such deed or mortgage to the social services official for old age assistance, assistance to the blind or aid to the disabled granted to such person before January first, nineteen hundred seventy-four, the social services official shall not sell the property or assign or enforce the mortgage unless it appears reasonably certain that the sale or other disposition of the property will not materially adversely affect the welfare of such person. After the death of such person no claim for assistance granted him shall be enforced against any real property while it is occupied by the surviving spouse. (f) Except as otherwise provided, upon the death of a person who executed a lien to the social services official in return for old age assistance, assistance to the blind or aid to the disabled granted prior to January first, nineteen hundred seventy-four, or before the death of such person if it appears reasonably certain that the sale or other disposition of the property will not materially adversely affect the welfare of such person, the social services official may enforce such lien in the manner provided by article three of the lien law. After the death of such person the lien may not be enforced against real property while it is occupied by the surviving spouse. [3.] 7. The sale of any parcel of real property or mortgage on real property by the public welfare official, under the provisions of this section, shall be made at a public sale, held at least two weeks after notice thereof shall have been published in a newspaper having a general A. 8556--C 78 circulation in that section of the county in which the real property is located. Such notice shall specify the time and place of such public sale and shall contain a brief description of the premises to be sold, or upon which the mortgage is a lien, as the case may be. Unless in the judgment of the public welfare official, it shall be in the public interest to reject all bids, such parcel or mortgage shall be sold to the highest responsible bidder. [4. Any inconsistent provision of this chapter or of any other law notwithstanding, a social services official may not assert any claim under any provision of this chapter to recover payments of public assistance if such payments were reimbursed by child support collections.] 8. IT IS PERMISSIBLE FOR SOCIAL SERVICES OFFICIALS TO SUBORDINATE A MORTGAGE TAKEN ON BEHALF OF THE PUBLIC WELFARE DISTRICT PURSUANT TO THIS SECTION. THE SOCIAL SERVICES OFFICIAL SHALL SUBORDINATE A MORTGAGE WITH- IN THIRTY DAYS OF RECEIPT OF WRITTEN NOTICE THAT THE HOMEOWNER IS ATTEMPTING TO MODIFY A MORTGAGE HELD BY A MORTGAGEE WITH SUPERIOR LIEN RIGHTS AND SUBORDINATION OF THE PUBLIC WELFARE DISTRICT'S MORTGAGE IS REQUIRED BY THE SUPERIOR LIEN HOLDER IN ORDER FOR IT TO APPROVE OR COMPLETE THE MODIFICATION. S 2. This act shall take effect on the sixtieth day after it shall have become a law. PART Y Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by chapter 260 of the laws of 2011 and clause (ii) as amended by section 1 of part P of chapter 57 of the laws of 2012, is amended to read as follows: (4) The trustees shall not impose a differential tuition charge based upon need or income. Except as hereinafter provided, all students enrolled in programs leading to like degrees at state-operated insti- tutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and technology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs leading to an associate degree and non-degree granting programs so long as such tuition rate does not exceed the tuition rate charged to students who are enrolled in like degree programs or degree-granting undergraduate programs leading to a baccalaureate degree at other state-operated institutions of the state university of New York. Except as otherwise authorized in this subpara- graph, the trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget, provided however that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND THEREAFTER if the annual resident undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to A. 8556--C 79 section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corre- sponding semester, quarter or term. (ii) On or before November thirtieth, two thousand eleven, the trus- tees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the five year period commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen-two thousand sixteen academic year, and shall submit any proposed amendments to such plan by November thirtieth of each subsequent year thereafter through November thirtieth, two thousand fifteen, and provided further COMMENC- ING IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR, that with the approval of the board of trustees, each university center may increase non-resident undergraduate tuition rates each year by not more than ten percent over the tuition rates of the prior academic year for a five year period commencing with the semester following the semes- ter in which the governor and the chancellor of the state university of New York approve the NY-SUNY 2020 proposal for such university center. (iii) The state shall appropriate annually and make available general fund operating support, including fringe benefits, for the state univer- sity in an amount not less than the amount appropriated and made avail- able to the state university in state fiscal year two thousand eleven-- two thousand twelve. Beginning in state fiscal year two thousand twelve-two thousand thirteen and thereafter, the state shall appropriate and make available general fund operating support, including fringe benefits, for the state university AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emer- gency to the temporary president of the senate and speaker of the assem- bly, state support for operating expenses at the state university and city university may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. (iv) For the state university fiscal years commencing two thousand eleven--two thousand twelve and ending two thousand fifteen--two thou- sand sixteen, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thousand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this chap- ter. S 2. Subparagraph (i) of paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011, is amended to read as follows: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand A. 8556--C 80 sixteen academic year, the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND THEREAFTER if the annual resident undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this chapter, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. S 3. Section 16 of chapter 260 of the laws of 2011 amending the educa- tion law and the New York state urban development corporation act, relating to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 65-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: S 16. This act shall take effect July 1, 2011; provided that sections one, two, [three, four, five,] six, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed. S 4. This act shall take effect immediately. PART Z Section 1. Subdivision 4 of section 663 of the education law, as amended by chapter 62 of the laws of 1977, is amended to read as follows: 4. Relinquishing of parental control. In determining the amount of an award, the president may, in cases of unusual and exceptional family circumstances warranting such action, recognize an existing condition wherein parental control has in effect been relinquished by the parents or others responsible for the applicant, and notwithstanding the provisions of subdivision three of this section, the applicant has in effect been emancipated. PROVIDED, HOWEVER, THAT STUDENTS WHO HAVE QUAL- IFIED AS AN ORPHAN, FOSTER CHILD, OR WARD OF THE COURT FOR THE PURPOSES OF FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED BY TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED, SHALL NOT BE CONSIDERED EMAN- CIPATED FOR THE PURPOSES OF DETERMINING AN AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE. The criteria used in determining these cases of unusual and exceptional family circumstances shall be established by the president with the approval of the board of trustees and the director of the division of the budget. S 2. The opening paragraph of item 1 of clause (A) of subparagraph (i) of paragraph a of subdivision 3 of section 667 of the education law, as amended by section 1 of part H of chapter 58 of the laws of 2011, is amended to read as follows: In the case of students who have not been granted an exclusion of parental income, WHO HAVE QUALIFIED AS AN ORPHAN, FOSTER CHILD, OR WARD OF THE COURT FOR THE PURPOSES OF FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED BY TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED, or had a dependent for income tax purposes during the tax year next A. 8556--C 81 preceding the academic year for which application is made, except for those students who have been granted exclusion of parental income who have a spouse but no other dependent: S 3. This act shall take effect immediately. PART AA Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of paragraph a of subdivision 3 of section 667 of the education law, as separately amended by section 1 of part E and section 1 of part H of chapter 58 of the laws of 2011, is amended to read as follows: (c) For students first receiving aid in two thousand--two thousand one and thereafter, five thousand dollars, EXCEPT STARTING IN TWO THOUSAND FOURTEEN-TWO THOUSAND FIFTEEN AND THEREAFTER SUCH STUDENTS SHALL RECEIVE FIVE THOUSAND THREE HUNDRED DOLLARS; or S 2. This act shall take effect immediately. PART BB Section 1. Subdivision 1 of section 679-a of the education law, as added by chapter 161 of the laws of 2005, is amended to read as follows: 1. Purpose. The president shall grant student loan forgiveness awards for the purpose of increasing the number of social workers serving in critical human service areas. For the purposes of this section, the term "critical human service area" shall mean an area in New York state designated by the corporation, in consultation with a committee comprised of one representative each from the corporation, the depart- ment, the department of health, the department of mental hygiene, and the office of children and family services, provided that such areas shall include, but not be limited to, areas with a shortage of social workers in HOME CARE, health, mental health, substance abuse, aging, HIV/AIDS and child welfare concerns, or communities with multi-lingual needs. S 2. This act shall take effect immediately; provided, however, that the amendments to subdivision 1 of section 679-a of the education law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith. 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 BB of this act shall be as specifically set forth in the last section of such Parts.
2013-A8556D (ACTIVE) - Details
2013-A8556D (ACTIVE) - Summary
Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance
2013-A8556D (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6356--D A. 8556--D S E N A T E - A S S E M B L Y January 21, 2014 ___________ 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 -- 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 -- again reported from said committee with amendments, 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 to amend the education law, in relation to contracts for excel- lence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganiza- tions and real property tax rates, transportation after 4 p.m., to establish a teacher excellence fund, relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools, to authorize the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance, to authorize New York city to establish local tuition rates for approved special education itinerant services; 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-06-4 S. 6356--D 2 A. 8556--D tion 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; to amend chapter 698 of the laws of 1996 amending the education law relating to transportation contracts, in relation to making such provisions permanent; 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 the education law, in relation to educational opportunities for students with disabilities; to amend the education law, in relation to the definition of "school district basic contribution"; 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; in relation to the Valley Stream school district; to amend chapter 101 of the laws of 2003 amending the educa- tion law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapters; to amend the education law, in relation to the submission of an expenditure plan by the Roosevelt Union free school district; to amend chapter 121 of the laws of 1996, relating to authorizing the Roosevelt Union free school district to finance defi- cits by the issuance of serial bonds, in relation to certain appor- tionments; to amend chapter 97 of the laws of 2011 amending the educa- tion law relating to census reporting, in relation to the effectiveness thereof; to provide special apportionment for school bus driver training; to amend chapter 57 of the laws of 2004, relating to the support of education, in relation to the effectiveness thereof; to provide special apportionment for salary expenses; to provide special apportionment for public pension accruals; to provide special appor- tionment for salary expenses; in relation to suballocation of certain education department accruals; in relation to the support of public libraries; to repeal certain provisions of the education law relating thereto; and providing for the repeal of certain provisions upon expi- ration thereof (Part A); authorizing the creation of a state debt in the amount of two billion dollars, in relation to creating the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning technology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); to amend the education law and the state finance law, in relation to the implementation of the smart schools bond act of 2014 (Part C); to amend the education law, in relation to enacting the "nurse practitioners modernization act"; and providing for the repeal of such provisions upon expiration thereof (Part D); intentionally omitted (Part E); intentionally omitted (Part F); to amend the educa- tion law, in relation to creating the science, technology, engineering and mathematics incentive program (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 S. 6356--D 3 A. 8556--D New York state higher education capital matching grant program for independent colleges, in relation to the New York state higher educa- tion matching grant program for independent colleges and the effec- tiveness thereof (Part H); intentionally omitted (Part I); inten- tionally omitted (Part J); to utilize reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); intentionally omitted (Part L); intentionally omit- ted (Part M); intentionally omitted (Part N); intentionally omitted (Part O); intentionally omitted (Part P); to amend the social services law, in relation to notice of inspection reports (Part Q); to amend the social services law, in relation to income eligibility for the block grant for child care (Part R); to amend the social services law, in relation to the powers of social services officials to receive and dispose of a deed, mortgage, or lien (Part S); to amend the social services law, in relation to reporting on post adoption services (Part T); to amend the education law, in relation to tuition assistance program awards starting in 2014-15 (Part U); to amend the education law, in relation to the granting of student loan forgiveness awards for the purpose of increasing the number of social workers serving in critical human service areas (Part V); to amend the education law, in relation to community colleges and state aided four year colleges and non-resident and out of state students (Part W); to amend the educa- tion law, in relation to student financial aid awards and tuition assistance program awards (Part X); to amend the education law, in relation to establishing the New York state young farmers loan forgiveness incentive program (Part Y); to amend the education law, in relation to requiring the chancellor of the state university of New York to report to the governor and the legislature on economic devel- opment activities (Part Z); to amend the education law, in relation to prohibiting the administration of traditional standardized tests in pre-kindergarten programs and in grades kindergarten through second grade (Subpart A); to amend the education law, in relation to provid- ing that standardized test scores shall not be included on a student's permanent record; and providing for the repeal of such provisions upon expiration thereof (Subpart B); to amend the education law, in relation to providing that no school shall make promotion or placement decisions based solely or primarily on standardized test scores (Subpart C); to amend the education law, in relation to standardized tests requirements for students with disabilities and English language learners (Subpart D); to amend the education law, in relation to the amount of time spent on standardized testing and test prep (Subpart E); in relation to transparency in testing (Subpart F); to amend the education law, in relation to reducing the number of standardized tests (Subpart G); in relation to assessment information for teachers and the public (Subpart H); to amend the education law, in relation to assistance to parents and families in understanding common core learn- ing standards (Subpart I); to amend the education law, in relation to additional professional development support for educators (Subpart J); in relation to prohibiting the release of student information to certain entities (Subpart K); and to amend the education law, in relation to protecting student privacy and ensuring data security (Subpart L)(Part AA); to amend the education law, in relation to financing of charter schools (Part BB); and to amend the education law, in relation to universal full-day pre-kindergarten (Part CC) S. 6356--D 4 A. 8556--D 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 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through CC. 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. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 2 of part A of chapter 57 of the laws of 2013, 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 and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen 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 twelve--two thousand thirteen school year AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A S. 6356--D 5 A. 8556--D CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN 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 COMMIS- SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN 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 elimi- nation 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 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 adjustment computed pursuant to 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 2. Paragraph (f) of subdivision 17 of section 3602 of the education law, as added by section 12 of part A of chapter 57 of the laws of 2013, is amended and a new paragraph (g) is added to read as follows: (f) The gap elimination adjustment restoration amount for the two thousand fourteen--two thousand fifteen 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.] FOR A SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS- SIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA FILE IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTI- TLED "SA141-5" AND SHALL EQUAL THE GREATER OF: (I) THE PRODUCT OF FOURTEEN AND THIRTEEN HUNDREDTHS PERCENT (0.1413) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-NINE PERCENT (0.29) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS (B) THE POSITIVE DIFFERENCE OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMI- NATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR; (III) SEVENTY THOUSAND DOLLARS ($70,000) OR; (IV) THE SUM OF: S. 6356--D 6 A. 8556--D (A) THE PRODUCT OF THE FRPL RESTORATION AMOUNT MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA- GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT, PROVIDED FURTHER, FOR THE PURPOSES OF THIS PARAGRAPH THE FRPL RESTORATION AMOUNT SHALL EQUAL (1) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN ONE MILLION, FIVE DOLLARS ($5.00) OR (2) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE MILLION, ONE HUNDRED FOUR DOLLARS AND FORTY CENTS ($104.40) OR (3) FOR ALL OTHER SCHOOL DISTRICTS FORTY-THREE DOLLARS ($43.00); AND (B) FOR A SCHOOL DISTRICT WITH (1) A THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT GREATER THAN SIXTY-FIVE PERCENT (0.65) AND (2) BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION GREATER THAN THIRTY-FIVE HUNDRED (3,500) AND FOR WHICH (3) THE QUOTIENT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUST- MENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS THE POSITIVE DIFFERENCE OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5" DIVIDED BY (B) THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT TO THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" IS LESS THAN SIXTY PERCENT (0.60), THE PROD- UCT OF ONE HUNDRED AND FORTY-THREE DOLLARS ($143.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (C) FOR A SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE MILLION FOR WHICH THE QUOTIENT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE LIMITED ENGLISH PROFICIENT COUNT FOR THE BASE YEAR MINUS THE LIMITED ENGLISH PROFICIENT COUNT FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR DIVIDED BY (B) THE LIMITED ENGLISH PROFICIENT COUNT FOR THE TWO THOUSAND EIGHT--TWO THOU- SAND NINE SCHOOL YEAR IS GREATER THAN FIVE PERCENT (0.05), THE PRODUCT OF ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY OF THE LIMITED ENGLISH PROFICIENT COUNT FOR THE BASE YEAR MINUS THE LIMITED ENGLISH PROFICIENT COUNT FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR MULTIPLIED BY SUCH DISTRICTS EXTRAORDINARY NEEDS PERCENT AS COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION; AND (D) FOR A SCHOOL DISTRICT FOR WHICH THE QUOTIENT OF THE NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON THE MOST RECENT DECENNIAL CENSUS AS TABULATED BY THE NATIONAL CENTER ON EDUCATION STATISTICS, WHO WERE ENROLLED IN PUBLIC SCHOOLS AND WHOSE FAMILIES HAD INCOMES BELOW THE POVERTY LEVEL, DIVIDED BY THE TOTAL NUMBER OF PERSON AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON SUCH DECENNIAL CENSUS, WHO WERE ENROLLED IN PUBLIC SCHOOLS, S. 6356--D 7 A. 8556--D COMPUTED TO FOUR DECIMALS WITHOUT ROUNDING IS GREATER THAN EIGHTEEN PERCENT (0.18), THE PRODUCT OF FOUR HUNDRED AND NINETY-FIVE DOLLARS ($495) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (E) FOR A SCHOOL DISTRICT FOR WHICH (1) THE QUOTIENT OF THE TWO THOU- SAND THIRTEEN--TWO THOUSAND FOURTEEN GAP ELIMINATION ADJUSTMENT DIVIDED BY THE TOTAL GENERAL FUND EXPENDITURES FOR SUCH DISTRICT FOR THE BASE YEAR EXCEEDS FIVE PERCENT (0.05), THE PRODUCT OF NINETY DOLLARS ($90.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (F) FOR SCHOOL DISTRICTS FOR WHICH THE QUOTIENT OF NON PUBLIC SCHOOL DISTRICT ENROLLMENT DIVIDED BY THE SUM OF THE NON PUBLIC SCHOOL DISTRICT ENROLLMENT AND THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION IS GREATER THAN TWENTY-FIVE HUNDREDTHS (0.25), THE PROD- UCT OF (1) THE QUOTIENT OF NON PUBLIC SCHOOL DISTRICT ENROLLMENT DIVIDED BY THE SUM OF THE NON PUBLIC SCHOOL DISTRICT ENROLLMENT AND THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA- GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (2) THE EXTRAORDINARY NEEDS PERCENT AS COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (3) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (4) THREE HUNDRED AND FIFTY DOLLARS ($350.00); AND (G) FOR SCHOOL DISTRICTS THAT: (1) WERE DESIGNATED AS AVERAGE NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708" AND (2) A COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION OF LESS THAN ONE (1.0) OR FOR A SCHOOL DISTRICT DESIGNATED AS HIGH NEED URBAN-SUBURBAN PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOU- SAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", THE PRODUCT OF FIFTY-ONE DOLLARS ($51.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (H) FOR A SCHOOL DISTRICT DESIGNATED AS RURAL HIGH NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOU- SAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", THE PRODUCT OF TWO HUNDRED DOLLARS ($200.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (I) FOR SCHOOL DISTRICTS THAT WERE DESIGNATED AS SMALL CITY SCHOOL DISTRICTS OR CENTRAL SCHOOL DISTRICTS WHOSE BOUNDARIES INCLUDE A PORTION OF A SMALL CITY FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA1415" THE PRODUCT S. 6356--D 8 A. 8556--D OF TWENTY-FIVE DOLLARS ($25.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION AND FOR SCHOOL DISTRICTS FOR WHICH THE QUOTIENT, COMPUTED TO TWO DECIMALS WITHOUT ROUNDING, OF THE PUBLIC SCHOOL ENROLLMENT OF THE SCHOOL DISTRICT ON THE DATE ENROLL- MENT WAS COUNTED IN ACCORDANCE WITH THIS SUBDIVISION FOR THE BASE YEAR DIVIDED BY THE SQUARE MILES OF THE DISTRICT, AS DETERMINED BY THE COMMISSIONER IS LESS THAN TWO HUNDRED AND FIFTY (250), THE PRODUCT OF SIXTEEN DOLLARS ($16.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARA- GRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND (J) FOR A DISTRICT FOR WHICH (1) THE QUOTIENT, COMPUTED TO TWO DECI- MALS WITHOUT ROUNDING, OF THE PUBLIC SCHOOL ENROLLMENT OF THE SCHOOL DISTRICT ON THE DATE ENROLLMENT WAS COUNTED IN ACCORDANCE WITH THIS SUBDIVISION FOR THE BASE YEAR DIVIDED BY THE SQUARE MILES OF THE DISTRICT, AS DETERMINED BY THE COMMISSIONER IS GREATER THAN EIGHT HUNDRED (800) AND (2) THE TAX EFFORT RATIO, AS DEFINED IN SUBDIVISION SIXTEEN OF THIS SECTION IS GREATER THAN FOUR AND (3) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION IS GREATER THAN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN PUBLIC SCHOOL DISTRICT ENROLL- MENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVI- SION ONE OF THIS SECTION, THE PRODUCT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SUCH AMOUNT SHALL NOT EXCEED ONE MILLION DOLLARS ($1,000,000); AND (K) FOR SCHOOL DISTRICTS THAT WERE: (1) DESIGNATED AS LOW OR AVERAGE NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI- VISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOU- SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", OR IN THE CASE OF A REORGANIZED DISTRICT THAT HAD A PREDECESSOR DISTRICT THAT WAS SO DESIGNATED AND (2) DESIGNATED AS HIGH NEED PURSUANT TO THE REGU- LATIONS OF THE COMMISSIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SA131-4" KNOWN AS THE 2008 NEED RESOURCE CAPACITY CATEGORY CODE, THE PRODUCT OF (A) THE POSI- TIVE DIFFERENCE, IF ANY, OF THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEAD- ING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS THE PRODUCT OF SIX AND EIGHT TENTHS PERCENT (0.068) MULTIPLIED BY THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR, MULTIPLIED BY (B) FIFTY-FIVE HUNDREDTHS (0.55); AND (L) THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GEA RESTORATION" UNDER THE HEADING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5". PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION ADJUSTMENT RESTORATION FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR SHALL S. 6356--D 9 A. 8556--D NOT EXCEED THE PRODUCT OF SEVENTY PERCENT (0.70) AND THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT. (G) THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 3. Subdivision 4 of section 3602 of the education law, as amended by section 26 of part A of chapter 58 of the laws of 2011, the opening paragraph, paragraphs a and b as amended by section 8-a of part A of chapter 57 of the laws of 2013, paragraph b-1 as amended by section 10 of part A of chapter 97 of the laws of 2011, is amended to read as follows: 4. Total foundation aid. In addition to any other apportionment pursuant to this chapter, a school district, other than a special act school district as defined in subdivision eight of section four thousand one of this chapter, shall be eligible for total foundation aid equal to the product of total aidable foundation pupil units multiplied by the district's selected foundation aid, which shall be the greater of five hundred dollars ($500) or foundation formula aid, provided, however that for the two thousand seven--two thousand eight through two thousand eight--two thousand nine school years, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand seven--two thousand eight school year computed pursuant to subparagraph (i) of paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand twelve--two thousand thirteen school year, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base for aid payable in the two thousand eleven--two thousand twelve school year computed pursuant to paragraph j of subdivision one of this section, plus the phase-in foun- dation increase computed pursuant to paragraph b of this subdivision, and provided further that for the two thousand thirteen--two thousand fourteen school year and thereafter, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision and provided further that total founda- tion aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and the due-minimum percent which shall be, for the two thousand twelve- -two thousand thirteen school year, one hundred and six-tenths percent (1.006) and for the two thousand thirteen--two thousand fourteen school year for city school districts of those cities having populations in excess of one hundred twenty-five thousand and less than one million inhabitants one hundred and one and one hundred and seventy-six thou- sandths percent (1.01176), and for all other districts one hundred and three-tenths percent (1.003), AND FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR ONE HUNDRED AND EIGHTY-FIVE HUNDREDTHS PERCENT (1.0085), subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein, nor more than the product of such total foundation aid base and one hundred fifteen percent, and provided further that for the two thousand nine--two thousand ten through two thousand eleven--two thousand twelve school years, each S. 6356--D 10 A. 8556--D school district shall receive total foundation aid in an amount equal to the amount apportioned to such school district for the two thousand eight--two thousand nine school year pursuant to this subdivision. Total aidable foundation pupil units shall be calculated pursuant to paragraph g of subdivision two of this section. For the purposes of calculating aid pursuant to this subdivision, aid for the city school district of the city of New York shall be calculated on a citywide basis. a. Foundation formula aid. Foundation formula aid shall equal the remainder when the expected minimum local contribution is subtracted from the product of the foundation amount, the regional cost index, and the pupil need index, or: (foundation amount x regional cost index x pupil need index)- expected minimum local contribution. (1) The foundation amount shall reflect the average per pupil cost of general education instruction in successful school districts, as deter- mined by a statistical analysis of the costs of special education and general education in successful school districts, provided that the foundation amount shall be adjusted annually to reflect the percentage increase in the consumer price index as computed pursuant to section two thousand twenty-two of this chapter, provided that for the two thousand eight--two thousand nine school year, for the purpose of such adjust- ment, the percentage increase in the consumer price index shall be deemed to be two and nine-tenths percent (0.029), and provided further that the foundation amount for the two thousand seven--two thousand eight school year shall be five thousand two hundred fifty-eight dollars, and provided further that for the two thousand seven--two thou- sand eight through two thousand fifteen--two thousand sixteen school years, the foundation amount shall be further adjusted by the phase-in foundation percent established pursuant to paragraph b of this subdivi- sion. (2) The regional cost index shall reflect an analysis of labor market costs based on median salaries in professional occupations that require similar credentials to those of positions in the education field, but not including those occupations in the education field, provided that the regional cost indices for the two thousand seven--two thousand eight school year and thereafter shall be as follows: Labor Force Region Index Capital District 1.124 Southern Tier 1.045 Western New York 1.091 Hudson Valley 1.314 Long Island/NYC 1.425 Finger Lakes 1.141 Central New York 1.103 Mohawk Valley 1.000 North Country 1.000 (3) The pupil need index shall equal the sum of one plus the extraor- dinary needs percent, provided, however, that the pupil need index shall not be less than one nor more than two. The extraordinary needs percent shall be calculated pursuant to paragraph w of subdivision one of this section. (4) The expected minimum local contribution shall equal the lesser of (i) the product of (A) the quotient arrived at when the selected actual valuation is divided by total wealth foundation pupil units, multiplied by (B) the product of the local tax factor, multiplied by the income wealth index, or (ii) the product of (A) the product of the foundation amount, the regional cost index, and the pupil need index, multiplied by S. 6356--D 11 A. 8556--D (B) the positive difference, if any, of one minus the state sharing ratio for total foundation aid. The local tax factor shall be estab- lished by May first of each year by determining the product, computed to four decimal places without rounding, of ninety percent multiplied by the quotient of the sum of the statewide average tax rate as computed by the commissioner for the current year in accordance with the provisions of paragraph e of subdivision one of section thirty-six hundred nine-e of this part plus the statewide average tax rate computed by the commis- sioner for the base year in accordance with such provisions plus the statewide average tax rate computed by the commissioner for the year prior to the base year in accordance with such provisions, divided by three, provided however that for the two thousand seven--two thousand eight school year, such local tax factor shall be sixteen thousandths (0.016), and provided further that for the two thousand eight--two thou- sand nine school year, such local tax factor shall be one hundred fifty-four ten thousandths (0.0154). The income wealth index shall be calculated pursuant to paragraph d of subdivision three of this section, provided, however, that for the purposes of computing the expected mini- mum local contribution the income wealth index shall not be less than sixty-five percent (0.65) and shall not be more than two hundred percent (2.0) and provided however that such income wealth index shall not be more than ninety-five percent (0.95) for the two thousand eight--two thousand nine school year, and provided further that such income wealth index shall not be less than zero for the two thousand thirteen--two thousand fourteen school year. The selected actual valuation shall be calculated pursuant to paragraph c of subdivision one of this section. Total wealth foundation pupil units shall be calculated pursuant to paragraph h of subdivision two of this section. b. Phase-in foundation increase. (1) The phase-in foundation increase shall equal the product of the phase-in foundation increase factor multiplied by the positive difference, if any, of (i) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less (ii) the total foundation aid base [for aid payable in the two thousand eleven--two thousand twelve school year] computed pursuant to paragraph j of subdivision one of this section. (2) The phase-in foundation percent shall equal one hundred thirteen and fourteen one hundredths percent (1.1314) for the two thousand eleven--two thousand twelve school year, one hundred ten and thirty- eight hundredths percent (1.1038) for the two thousand twelve--two thou- sand thirteen school year, one hundred seven and sixty-eight hundredths percent (1.0768) for the two thousand thirteen--two thousand fourteen school year, one hundred five and six hundredths percent (1.0506) for the two thousand fourteen--two thousand fifteen school year, and one hundred two and five tenths percent (1.0250) for the two thousand fifteen--two thousand sixteen school year. For the two thousand eleven--two thousand twelve school year, the phase-in foundation increase factor shall equal thirty-seven and one- half percent (0.375) and the phase-in due minimum percent shall equal nineteen and forty-one hundredths percent (0.1941), for the two thousand twelve--two thousand thirteen school year the phase-in foundation increase factor shall equal one and seven-tenths percent (0.017), for the two thousand thirteen--two thousand fourteen school year the phase- in foundation increase factor shall equal (1) for a city school district in a city having a population of one million or more, five and twenty- three hundredths percent (0.0523) or (2) for all other school districts zero percent, [and] for the two thousand fourteen--two thousand fifteen S. 6356--D 12 A. 8556--D school year THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL (1) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE, FOUR AND THIRTY-TWO HUNDREDTHS PERCENT (0.0432) OR (2) FOR A SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT HAVING A POPULATION OF ONE MILLION OR MORE FOR WHICH (A) THE QUOTIENT OF THE POSITIVE DIFFER- ENCE OF THE FOUNDATION FORMULA AID MINUS THE FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION DIVIDED BY THE FOUNDATION FORMULA AID IS GREATER THAN TWENTY-TWO PERCENT (0.22) AND (B) A COMBINED WEALTH RATIO LESS THAN THIRTY-FIVE HUNDREDTHS (0.35), SEVEN PERCENT (0.07) OR (3) FOR ALL OTHER SCHOOL DISTRICTS, FOUR AND THIRTY-ONE HUNDREDTHS PERCENT (0.0431), AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR and thereafter the commission- er shall annually determine the phase-in foundation increase factor subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein. b-1. Notwithstanding any other provision of law to the contrary, for the two thousand seven--two thousand eight school year and thereafter, the additional amount payable to each school district pursuant to this subdivision in the current year as total foundation aid, after deducting the total foundation aid base, shall be deemed a state grant in aid identified by the commissioner for general use for purposes of section seventeen hundred eighteen of this chapter. c. Public excess cost aid setaside. Each school district shall set aside from its total foundation aid computed for the current year pursu- ant to this subdivision an amount equal to the product of: (i) the difference between the amount the school district was eligible to receive in the two thousand six--two thousand seven school year pursuant to or in lieu of paragraph six of subdivision nineteen of this section as such paragraph existed on June thirtieth, two thousand seven, minus the amount such district was eligible to receive pursuant to or in lieu of paragraph five of subdivision nineteen of this section as such para- graph existed on June thirtieth, two thousand seven, in such school year, and (ii) the sum of one and the percentage increase in the consum- er price index for the current year over such consumer price index for the two thousand six--two thousand seven school year, as computed pursu- ant to section two thousand twenty-two of this chapter. Notwithstanding any other provision of law to the contrary, the public excess cost aid setaside shall be paid pursuant to section thirty-six hundred nine-b of this part. D. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE MAY USE AMOUNTS APPORTIONED PURSUANT TO THIS SUBDIVISION FOR AFTER- SCHOOL PROGRAMS. S 4. The opening paragraph of section 3609-a of the education law, as amended by section 14 of part A of chapter 57 of the laws of 2013, 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 THIRTEEN--TWO THOUSAND FOURTEEN 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 S. 6356--D 13 A. 8556--D 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 thirteen-- two thousand fourteen] TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled ["SA131-4"] "SA141-5". S 4-a. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of section 3602 of the education law, as amended by section 13-a of part A of chapter 57 of the laws of 2013, is amended to read as follows: (c) At the end of each ten year segment of an assumed amortization established pursuant to subparagraphs two, three and four of this para- graph, or in the [two thousand fourteen -- two thousand fifteen] TWO THOUSAND FIFTEEN -- TWO THOUSAND SIXTEEN school year in the case of assumed amortizations whose ten year segment ends prior to such school year, the commissioner shall revise the remaining scheduled semiannual payments of the outstanding principal and interest of such assumed amor- tization, other than the outstanding principal and interest of refunding bonds where the district can demonstrate to the commissioner that it is precluded by state or federal law, rule or regulation from refinancing such outstanding principal and interest, based on the interest rates applicable for the current year if the difference of the interest rate upon which the existing assumed amortization is based minus such inter- est rate applicable for the current year is equal to or greater than one quarter of one-one hundredth. Provided however, in the case of assumed amortization whose ten year segment ended prior to the [two thousand fourteen -- two thousand fifteen] TWO THOUSAND FIFTEEN -- TWO THOUSAND SIXTEEN school year the next ten year segment shall be deemed to commence with the [two thousand fourteen -- two thousand fifteen] TWO THOUSAND FIFTEEN -- TWO THOUSAND SIXTEEN school year. The department shall notify school districts of projects subject to the provisions of this clause by no later than December first next preceding the school year in which the assumed amortization is scheduled to be revised pursu- ant to this clause. S 5. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 15 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S. 6356--D 14 A. 8556--D 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 thirteen--two thousand fourteen] TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN. S 6. The education law is amended by adding a new section 3613 to read as follows: S 3613. SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES. 1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE PURSUANT TO SECTIONS FIFTEEN HUNDRED ELEVEN THROUGH FIFTEEN HUNDRED THIRTEEN, FIFTEEN HUNDRED TWENTY-FOUR, FIFTEEN HUNDRED TWENTY-SIX, SEVENTEEN HUNDRED FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE, THE REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE AREAS SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN- IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE BOARDS OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS PARTICIPAT- ING IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT DEFERRED FOR A ONE-YEAR PERIOD AND/OR PHASED-IN OVER A PERIOD AS MAY BE DETER- MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS IN THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH SHALL NOT EXCEED A TEN-YEAR PERIOD. TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA- TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING A PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS PRIOR TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE HELD, TO DEFER AND/OR PHASE-IN THE IMPACT AS PROVIDED HEREIN. IF THE BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES NOT APPROVE SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN PERIOD, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY. 2. DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH PORTION OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (C) DIVIDE THE PRODUCT SO DETERMINED BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE FIRST SCHOOL YEAR OF THE REORGANIZED SCHOOL DISTRICT. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THAT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING S. 6356--D 15 A. 8556--D THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. 3. DURING EACH YEAR OF A PHASE-IN PERIOD, WHOSE DURATION UP TO TEN YEARS SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF THE CONSTITUENT SCHOOL DISTRICTS, THE TAX RATE FOR EACH PORTION OF THE REORGANIZED SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER: (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE RESULT IS THE BASE FULL VALUE TAX RATE OF THE PORTION. (C) DETERMINE THE ASSESSED VALUE TAX RATE THAT WOULD HAVE APPLIED IN THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION. (D) MULTIPLY THAT ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION RATE THAT WOULD HAVE APPLIED FOR THE CURRENT SCHOOL YEAR BUT FOR THE PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE FOR THE PORTION. (E) DETERMINE THE DIFFERENCE BETWEEN THE TARGET FULL VALUE TAX RATE AND THE BASE FULL VALUE TAX RATE FOR THE PORTION. (F) DIVIDE THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER OF YEARS IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT. (G) MULTIPLY THE QUOTIENT SO DETERMINED BY THE NUMBER OF YEARS FROM THE BEGINNING OF THE PHASE-IN PERIOD UP TO AND INCLUDING THE YEAR FOR WHICH THE TAX RATE IS BEING DETERMINED. (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE. (I) DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION RATE. THE QUOTIENT IS THE ASSESSED VALUE TAX RATE FOR THE PORTION FOR THE CURRENT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED VALUE TAX RATES COMPUTED PURSUANT TO THIS SUBDIVISION, WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY TAX LEVY AMOUNT. 4. AS USED HEREIN THE TERM "PORTION" MEANS THAT PART OF AN ASSESSING UNIT LOCATED WITHIN A SCHOOL DISTRICT. S 7. Section 3627 of the education law, as added by section 23 of part A of chapter 57 of the laws of 2013, is amended to read as follows: S 3627. Transportation after 4pm. 1. Notwithstanding any other provisions of this section to the contrary, for the two thousand thir- teen--two thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school year AND THEREAFTER, a city school district located in a city having a population of one million or more providing transportation pursuant to this chapter shall be responsible for: (a) providing transportation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half-past nine o'clock in the morning or earlier until four S. 6356--D 16 A. 8556--D o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two or (b) reimbursing the cost incurred by licensed transportation carriers pursuant to contracts with such school district for providing transpor- tation for those children attending public and nonpublic schools in grades kindergarten through six who remain at the same school for which they are enrolled for regularly scheduled academic classes from half- past nine o'clock in the morning or earlier until four o'clock in the afternoon or later, on weekdays, and reside at least one mile from their school of attendance for grades three through six, and at least one-half mile from their school of attendance for grades kindergarten through two. 2. Nothing herein shall prohibit the school district from reimbursing for costs incurred for contracts between the school district and any entity providing or contracting for such transportation service. 3. A district shall not be deemed to have satisfied its obligation under this section by providing public service transportation. 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN- -TWO THOUSAND FIFTEEN school year AND THEREAFTER and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty- six hundred two of this article shall be considered approved transporta- tion expenses eligible for transportation aid, provided further that such aid shall be limited to [five million six hundred] EIGHT MILLION ONE HUNDRED thousand dollars. And provided further that such expendi- tures eligible for aid under this section shall supplement not supplant local expenditures for such transportation in the two thousand twelve-- two thousand thirteen school year. 5. Notwithstanding any other provision of this section to the contra- ry, in no event shall such city school district, in order to comply with the requirements of this section, be required to incur any costs in excess of the amount eligible for transportation aid pursuant to subdi- vision four of this section. In the event such amount is insufficient, the city school district of New York shall provide transportation services within such amount on an equitable basis, until such apportion- ment is exhausted. 6. The chancellor of such school district, in consultation with the commissioner, shall prescribe the most cost effective system for imple- menting the requirements of this section, taking into consideration: (a) the costs associated with paragraphs (a) and (b) of subdivision one of this section, and (b) policies that attempt to maximize student safety for the student to be transported, which for purposes of this section shall include whether the pick up or drop off site of the transportation is: (i) not further than 600 feet from the student's residence; and/or (ii) at the same locations for any family that have children at the same residence who attend two or more different schools. 7. (a) In the event the chancellor has not satisfied a district's obligation under this section, a parent or guardian or any represen- tative authorized by such parent or guardian of a child eligible to receive transportation under this section may request the commissioner to arrange for the provision of the transportation to so satisfy the requirements of this section. S. 6356--D 17 A. 8556--D (b) If within sixty days of receiving a request from such a parent or guardian or any representative authorized by such parent or guardian, the commissioner determines that the chancellor has not satisfied a district's obligation under this section, then the commissioner shall immediately direct the chancellor to contract with a licensed transpor- tation carrier to provide the transportation required pursuant to this section. (c) In the event the chancellor is directed by the commissioner to contract with a licensed transportation carrier to provide the transpor- tation required pursuant to this section, the chancellor shall provide the commissioner with a copy of such proposed contract, before it becomes effective, and the commissioner shall have the power to approve, disapprove or require amendments to such contract before it shall become effective. (d) A district, determined by the commissioner to not be in compliance with the requirements of this section, shall be responsible for the cost of any transportation contract awarded by the chancellor. 8. The parent or guardian, or any representative authorized by such parent or guardian, may submit a written request for transportation under this section, in the same manner and upon the same dates as are required for a request for transportation pursuant to subdivision two of section thirty-six hundred thirty-five of this article. S 8. Section 3641 of the education law is amended by adding a new subdivision 6-c to read as follows: 6-C. TEACHER EXCELLENCE FUND. A. WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A REQUEST FOR PROPOSALS DEVELOPED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE COMMISSION- ER SHALL AWARD TEACHER EXCELLENCE FUND GRANTS PURSUANT TO THIS SUBDIVI- SION TO ELIGIBLE SCHOOL DISTRICTS, BEGINNING IN THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, TO PROVIDE TEACHER EXCELLENCE FUND PERFORMANCE AWARDS TO HIGHLY EFFECTIVE TEACHERS. (1) TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL BE ALLOCATED IN AN ANNUAL AMOUNT OF UP TO TWENTY THOUSAND DOLLARS TO ELIGIBLE TEACHERS RATED AS "HIGHLY EFFECTIVE" BASED ON THE MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER. (2) ON AN ANNUAL BASIS, ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLI- CATION TO THE COMMISSIONER, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, TO REQUEST FUNDING PURSUANT TO THIS SUBDIVISION. (3) THE COMMISSIONER SHALL MAKE AVAILABLE SUCH APPLICATION ON OR BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL YEAR AND THE COMMISSIONER SHALL ISSUE PRELIMINARY TEACHER EXCELLENCE FUND GRANT AWARDS ON OR BEFORE OCTOBER FIFTEENTH OF THE SCHOOL YEAR IN WHICH THE ELIGIBLE TEACH- ER SHALL RECEIVE A TEACHER EXCELLENCE FUND PERFORMANCE AWARD. (4) APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE INFORMATION REQUIRED BY THE COMMISSIONER INCLUDING, BUT NOT LIMITED TO, THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PLAN IS INTENDED TO RECOGNIZE AND REWARD HIGHLY-EFFECTIVE TEACHERS: (I) IN SCHOOL BUILDINGS WITH THE GREATEST ACADEMIC NEED; (II) IN DIFFICULT-TO-STAFF SUBJECT OR CERTIF- ICATION AREAS AND/OR GRADE LEVELS; AND (III) AT CRITICAL POINTS IN A TEACHER'S CAREER IN ORDER TO ENCOURAGE HIGHLY EFFECTIVE TEACHERS TO REMAIN IN THE CLASSROOM. (5) THE COMMISSIONER SHALL PRIORITIZE APPLICATIONS SUBMITTED BY ELIGI- BLE SCHOOL DISTRICTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE FACTORS DESCRIBED IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH AND THE QUALITY OF THE PROPOSAL. S. 6356--D 18 A. 8556--D (6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE TEACHER EXCELLENCE FUND PERFORMANCE AWARDS PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION TO, AND SHALL NOT BE CONSIDERED PART OF, A TEACH- ER'S BASIC ANNUAL SALARY, AND SHALL NOT BE INCLUDED AS COMPENSATION FOR RETIREMENT PURPOSES. TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL SUPPLEMENT AND SHALL NOT SUPPLANT COMPENSATION FROM SOURCES EXCLUSIVE OF THIS SUBDIVISION AGREED TO AS PART OF A COLLECTIVE BARGAINING AGREEMENT. B. FOR THE PURPOSE OF THIS SUBDIVISION: (1) THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOL, CITY, OR SPECIAL ACT SCHOOL DISTRICT THAT HAS ENTERED INTO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE- SENTATIVES OF CERTIFIED TEACHERS CONSISTENT WITH THE PROVISIONS OF THE APPLICATION SUBMITTED BY THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. (2) THE TERM "ELIGIBLE TEACHER" SHALL MEAN A TEACHER WHO (I) HOLDS AN INITIAL, PROVISIONAL, TRANSITIONAL, PERMANENT OR PROFESSIONAL STATE TEACHING CERTIFICATE APPROPRIATE TO THE TEACHING POSITIONS, INCLUDING THE SUBJECT AREA IF APPLICABLE, IN WHICH HE OR SHE IS EMPLOYED; (II) IS A CLASSROOM TEACHER SUBJECT TO THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER; AND (III) IS RATED "HIGHLY EFFECTIVE" BASED ON HIS OR HER MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIRE- MENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER. S 9. Subdivision 6 of section 4402 of the education law, as amended by section 21 of part A of chapter 57 of the laws of 2013, 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 [fourteen] FIFTEEN of the two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school year, be authorized to increase class sizes in special classes contain- ing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commis- sioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regu- lations 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 S. 6356--D 19 A. 8556--D 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. S 9-a. Notwithstanding any provision of the law to the contrary, for a school district with a penalty arising from the late filing of a final cost report pursuant to section 31 of part A of chapter 57 of the laws of 2012 where such penalty exceeds $6,000,000 and also exceeds 5 percent of such district's total general fund expenditures for the 2011-12 school year, the commissioner of education shall recover such penalty in five equal annual installments beginning the later of June, 2016 or June of the school year in which such district is notified of the penalty. Provided further that such district may elect to make an initial payment no later than thirty days in advance of the first annual installment which shall reduce the amount of each annual installment. S 10. Legislative findings and determinations. The legislature finds that charter schools are public schools and, like school districts, part of the public school system that discharges the state's constitutional duty to provide for the maintenance and support of a system of free common schools. The legislature further finds that charter schools oper- ate primarily with public moneys derived from the federal government, the state and local school districts. Therefore, the legislature deter- mines that the manner in which charter schools conduct their financial operations implicates the fiscal concerns of the state. Moreover, the legislature finds that as the chief fiscal officer of New York city, the city comptroller has a duty to manage the fiscal affairs of such city and that a fundamental constitutional duty of the state comptroller is to superintend the fiscal concerns of the state. The legislature further finds that audits of charter schools' financial operations are not only necessary to protect New York city's and the rest of the state's fiscal concerns, but are uniquely within the comp- trollers' expertise as the city's and state's chief fiscal officer. Therefore, the legislature determines that the state has a compelling interest in having the city and state comptrollers audit the financial operations of charter schools throughout the state. S 10-a. Paragraph (c) of subdivision 1 of section 2853 of the educa- tion law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (c) A charter school shall be deemed an independent and autonomous public school, except as otherwise provided in this article, AND A POLI- TICAL SUBDIVISION HAVING BOUNDARIES COTERMINOUS WITH THE SCHOOL DISTRICT OR COMMUNITY SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED. The charter entity and the board of regents shall be deemed to be the public agents authorized to supervise and oversee the charter school. S 10-b. Paragraphs (b) and (c) of subdivision 1 of section 2854 of the education law, paragraph (b) as added by chapter 4 of the laws of 1998, paragraph (c) as amended by chapter 101 of the laws of 2010, are amended to read as follows: (b) A charter school shall meet the same health and safety, civil rights, and student assessment requirements applicable to other public S. 6356--D 20 A. 8556--D schools, except as otherwise specifically provided in this article. A charter school shall be exempt from all other state and local laws, rules, regulations or policies governing public or private schools, boards of education [and], school districts AND POLITICAL SUBDIVISIONS, including those relating to school personnel and students, except as specifically provided in the school's charter or in this article. Noth- ing in this subdivision shall affect the requirements of compulsory education of minors established by part one of article sixty-five of this chapter. (c) A charter school shall be subject to the financial audits, the audit procedures, and the audit requirements set forth in the charter, and shall be subject to audits of the COMPTROLLER OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK FOR CHARTER SCHOOLS LOCATED IN NEW YORK CITY, AND TO THE AUDITS OF THE comptroller of the state of New York FOR CHARTER SCHOOLS LOCATED IN THE REST OF THE STATE, at his or her discretion, WITH RESPECT TO THE SCHOOL'S FINANCIAL OPERATIONS. Such procedures and standards shall be consistent with generally accepted accounting and audit standards. Independent fiscal audits shall be required at least once annually. S 11. Subparagraph (i) of paragraph a of subdivision 10 of section 4410 of the education law, as amended by chapter 82 of the laws of 1995, is amended to read as follows: (i) (A) Commencing with the nineteen hundred ninety--ninety-one school year, the commissioner shall annually determine the tuition rate for approved services or programs provided to preschool children pursuant to this section. Such rates for providers of such services and programs shall be determined in conformance with a methodology established pursu- ant to subdivision four of section forty-four hundred five of this arti- cle after consultation with and a review of an annual report prepared by the advisory committee established pursuant to paragraph a of subdivi- sion twelve of this section and shall be subject to the approval of the director of the budget. Notwithstanding any other provision of law, rule or regulation to the contrary, tuition rates established for the nine- teen hundred ninety-five--ninety-six school year shall exclude the two percent cost of living adjustment authorized in rates established for the nineteen hundred ninety-four--ninety-five school year. (B) COMMENCING WITH THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, SUCH SPECIAL EDUCATION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON THE ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES. S 11-a. Paragraph (t) of subdivision 2 of section 2851 of the educa- tion law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (t) Procedures to be followed in the case of the closure or dissol- ution of the charter school, including provisions for the transfer of students and student records to the school district in which the charter school is located and for the disposition of the school's assets to the school district in which the charter school is located or another char- ter school located within the school district. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR OF A CHARTER TO THE CONTRARY, SUCH PROCEDURES SHALL ENSURE THAT UPON DISSOLUTION OF A CHARTER SCHOOL, ANY FUNDS REMAINING IN THE POSSESSION OF THE CHARTER SCHOOL THAT CAN BE ATTRIBUTED TO PUBLIC FUNDING, AFTER ALL OF ITS DEBTS AND OBLIGATIONS HAVE BEEN PAID, SHALL BE PAID OVER TO EACH SCHOOL DISTRICT HAVING RESIDENT CHILDREN SERVED BY THE CHARTER SCHOOL IN THE SCHOOL YEAR IN WHICH THE CHARTER WAS DISSOLVED OR S. 6356--D 21 A. 8556--D THE LAST YEAR IN WHICH STUDENTS WERE ENROLLED IN THE CHARTER SCHOOL, IN THE SAME PROPORTION AS THE NUMBER OF STUDENTS PLACED BY EACH SCHOOL DISTRICT AND SERVED BY THE CHARTER SCHOOL IN THE LAST SCHOOL YEAR IN WHICH CHILDREN WERE SERVED BY THE CHARTER SCHOOL, BEARS TO THE TOTAL NUMBER OF STUDENTS SERVED BY THE CHARTER SCHOOL IN SUCH SCHOOL YEAR. PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE A CHARTER SCHOOL TO PAY TO SUCH DISTRICTS ANY REMAINING FUNDS THAT CAN BE ATTRIBUTED TO GIFTS, DONATIONS, GRANTS OR OTHER AUTHORIZED CHARITABLE CONTRIBUTIONS. S 12. 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 27 of part A of chapter 57 of the laws of 2013, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section [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, reimbursement] 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, 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, [and] reimbursement for the 2013--2014 school year shall not exceed 62.3 percent of the lesser of such approvable costs per contact hour or twelve dollars and sixty-five cents per contact hour, AND REIMBURSEMENT FOR THE 2014--2015 SCHOOL YEAR SHALL NOT EXCEED 61.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS PER CONTACT HOUR where a contact hour represents sixty minutes of instruc- tion services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, [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; wher- eas 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; whereas for the 2013--2014 school year such contact hours shall not exceed one million six hundred forty-nine thousand seven hundred forty-six (1,649,746) hours; WHEREAS FOR THE 2014--2015 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SIX HUNDRED TWEN- TY-FIVE THOUSAND (1,625,000) 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 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 13. Section 4 of chapter 756