S T A T E O F N E W Y O R K
________________________________________________________________________
5057--A
2013-2014 Regular Sessions
I N S E N A T E
May 7, 2013
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT authorizing the East Ramapo central school district to receive
certain apportionments on an accelerated basis
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. In order to avoid endangering the fiscal stability of the
East Ramapo central school district, certain apportionments payable to
the East Ramapo central school district shall be paid on an accelerated
schedule as follows:
a. (1) Notwithstanding any other provisions of law, for aid payable in
the school years 2013--2014 through 2042--2043 upon application to the
commissioner of education submitted not sooner than the second Monday in
June of the school year in which such aid is payable and not later than
the Friday following the third Monday in June of the school year in
which such aid is payable, or ten days after the effective date of this
act, whichever shall be later, the East Ramapo central school district
shall be eligible to receive an apportionment pursuant to this act in an
amount equal to the product of $3,500,000 and the quotient of the posi-
tive difference of thirty minus the number of school years elapsed since
the 2013--2014 school year divided by thirty. Such application shall
include a detailed plan demonstrating how such apportionment shall be
used by the East Ramapo central school district in accordance with para-
graph 2 of this subdivision.
(2) Funds apportioned pursuant to this subdivision shall be used for
services and expenses of the East Ramapo central school district and
shall be applied exclusively to support of: instructional services,
including teacher salaries; guidance services, including guidance coun-
selor salaries; health services, including nurse salaries; security
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10477-06-3
S. 5057--A 2
services, including security guard salaries; board of cooperative educa-
tion services expenses; co-curricular activities, including instruc-
tional salaries and contractual services; intra-mural activities,
including instructional salaries; and interscholastic athletics, includ-
ing instructional salaries, contractual expenses, security and transpor-
tation.
b. The claim for an apportionment to be paid to the East Ramapo
central 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 commis-
sioner that the form has been submitted as prescribed and that the
school district has complied with the reporting requirements of this
act, including submission by such district of a detailed plan demon-
strating how such apportionment shall be used in accordance with para-
graph 2 of subdivision a of this section. For each school year in which
application is made pursuant to subdivision a of this section, such
approved amount shall be payable on or before June thirtieth of such
school year upon 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 appropri-
ated for general support of public schools and from the general fund to
the extent that the amount paid to the East Ramapo central school
district pursuant to this subdivision and subdivision a of this section
exceeds the amount of the lottery apportionment, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law on or before September first of such
school year.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to the East Ramapo central
school district during the base year pursuant to subdivisions a and b of
this section shall first be deducted from payments due during the
current school year pursuant to subparagraphs 1, 2, 3, 4 and 5 of para-
graph a of subdivision 1 of section 3609-a of the education law in the
following order: the lottery apportionment payable pursuant to subpara-
graph 2 of such paragraph followed by the fixed fall payments payable
pursuant to subparagraph 4 of such paragraph, and any remainder to be
deducted from the individualized payments due to the district pursuant
to paragraph b of such subdivision shall be deducted on a chronological
basis starting with the earliest payment due the district.
d. Notwithstanding any other provisions of law, the sum of payments
made to the East Ramapo central school district during the base year
pursuant to subdivisions a and b of this section plus payments made to
such school district during the current year pursuant to section 3609-a
of the education law shall be deemed to truly represent all aids paid to
such school district during the current school year pursuant to such
section 3609-a of the education law for the purposes of computing any
adjustments to such aids that may occur in a subsequent school year.
e. (1) On or before the first day of each month beginning in July 2014
and ending in June 2043, the chief fiscal officer and the superintendent
of schools of the East Ramapo central school district shall prepare and
submit to the board of education of the school distract a report of the
fiscal condition of the school district, including but not limited to
the most current available data on fund balances on funds maintained by
the school district and the district's use of the apportionments
provided pursuant to subdivisions a and b of this section.
S. 5057--A 3
(2) Such monthly report shall be in a format prescribed by the commis-
sioner of education. The board of education shall either reject and
return the report to the chief fiscal officer and the superintendent of
schools for appropriate revisions and resubmittal or shall approve the
report and submit copies to the commissioner of education and the state
comptroller of such approved report as submitted or resubmitted.
(3) In the 2013--2014 through 2042--2043 school years, the chief
fiscal officer of the East Ramapo central school district shall monitor
all budgets and for each budget, shall prepare a quarterly report of
summarized budget data depicting overall trends of actual revenues and
budget expenditures for the entire budget as well as individual line
items. Such report shall compare revenue estimates and appropriations as
set forth in such budget with the actual revenues and expenditures made
to date. All quarterly reports shall be accompanied by a recommendation
from the superintendent of schools or chief fiscal officer to the board
of education setting forth any remedial actions necessary to resolve any
unfavorable budget variance including the overestimation of revenue and
underestimation of appropriations. The chief fiscal officer shall also
prepare, as part of such report, a quarterly trial balance of general
ledger accounts in accordance with generally accepted accounting princi-
ples as prescribed by the state comptroller. All reports shall be
completed within sixty days after the end of each quarter and shall be
submitted to the chief fiscal officer and the board of education of the
East Ramapo central school district, the state division of the budget,
the office of the state comptroller, the commissioner of education, the
chair of the assembly ways and means committee and the chair of the
senate finance committee.
S 2. a. Before the expenditure of funds received pursuant to the
apportionment under section one of this act, the superintendent of such
district shall appoint a temporary district-based advisory team to
develop a comprehensive expenditure plan for such funds. The district-
based advisory team shall consist of the superintendent of schools of
the East Ramapo central school district or his or her designee, a member
of the school board of such district, a teacher employed in a public
school selected by the bargaining unit representing teachers in such
district, an administrator employed in a public school selected by the
bargaining unit representing administrators in such district, and a
parent of a student attending a public school within such district
selected by the East Ramapo parent teachers association council.
b. The district-based advisory team shall collaboratively develop
educational goals to be achieved through expenditure of funds provided
pursuant to section one of this act. Such goals shall conform with
requirements pertaining to students with disabilities pursuant to appli-
cable federal and state laws, including but not limited to ensuring
students receive education in the least restricted environment. Follow-
ing adoption of the educational goals, the district-based advisory team
shall develop a comprehensive expenditure plan aligned with such goals.
c. The district-based advisory team shall, in conjunction with the
board of education, hold at least one public forum within the district
for the purpose of reporting on the contents of the comprehensive
expenditure plan developed pursuant to subdivision b of this section.
The superintendent of schools of the East Ramapo central school district
shall ensure that notice for the public forum or forums is posted in a
manner to maximize the participation of parents, students and school
personnel.
S. 5057--A 4
d. Following the forum or forums held pursuant to subdivision c of
this section, but prior to voting on the proposed comprehensive expendi-
ture plan, the superintendent of schools of the East Ramapo central
school district shall publicly report to the board of education of such
district an assessment of all public comments concerning the proposed
comprehensive expenditure plan. Such assessment shall include: (1) a
summary and analysis of the issues raised and significant alternatives
suggested; (2) a statement of the reasons why significant alternatives
were not incorporated into the proposed expenditure plan; and (3) a
description of any changes made to the proposed expenditure plan as a
result of public comments received.
e. Following receipt of the assessment by the superintendent of
schools of the East Ramapo central school district, the board of educa-
tion shall adopt a comprehensive expenditure plan only after the
district-based advisory team has certified that such plan is sufficient-
ly aligned with the educational goals developed pursuant to subdivision
b of this section.
S 3. This act shall take effect immediately.
