S T A T E O F N E W Y O R K
________________________________________________________________________
2993
2013-2014 Regular Sessions
I N A S S E M B L Y
January 22, 2013
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Introduced by M. of A. CLARK, ENGLEBRIGHT, ROBINSON -- Multi-Sponsored
by -- M. of A. COOK, ORTIZ, PERRY -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to providing for the
enhancement of the quality of teaching in the public schools in New
York city
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 125-C
to read as follows:
ARTICLE 125-C
CITY UNIVERSITY OF NEW YORK
CENTER FOR EXCELLENCE
IN URBAN EDUCATION
SECTION 6284. CITY UNIVERSITY OF NEW YORK CENTER FOR EXCELLENCE IN URBAN
EDUCATION.
S 6284. CITY UNIVERSITY OF NEW YORK CENTER FOR EXCELLENCE IN URBAN
EDUCATION. 1. THE LEGISLATURE HEREBY FINDS AND DETERMINES THAT THERE IS
A LOOMING SHORTAGE OF QUALIFIED TEACHERS WILLING TO CONSIDER TEACHING
POSITIONS IN URBAN SCHOOLS. THIS SHORTAGE IS EVIDENT IN THE STATE'S FIVE
LARGEST CITY SCHOOL DISTRICTS AND HAS REACHED CRITICAL PROPORTIONS IN
NEW YORK CITY.
2. THERE IS HEREBY ESTABLISHED THE CITY UNIVERSITY OF NEW YORK CENTER
FOR EXCELLENCE IN URBAN EDUCATION. THE CENTER SHALL BE LOCATED AT A
CITY UNIVERSITY OF NEW YORK COLLEGE ACCREDITED BY THE NATIONAL COUNCIL
FOR ACCREDITATION OF TEACHER EDUCATION.
3. THE CENTER SHALL:
A. COLLABORATE WITH TEACHERS FROM THE CITY'S URBAN CENTERS TO DEVELOP
AND DELIVER PROGRAMS TO ADDRESS THE PARTICULAR NEEDS OF URBAN EDUCATION,
INCLUDING, BUT NOT LIMITED TO, DEALING WITH SEVERE CLASSROOM MANAGEMENT
PROBLEMS; ISSUES OF CONFLICT AND RACIAL SENSITIVITIES; UNDERSTANDING THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05794-01-3
A. 2993 2
CENTRAL ROLE SCHOOLS PLAY IN COMMUNITY DEVELOPMENT; AND COPING WITH AND
COMPENSATING FOR A MYRIAD OF FAMILY AND SOCIAL ISSUES THAT IMPACT SCHOOL
PERFORMANCE.
B. PARTNER WITH URBAN SCHOOL DISTRICTS TO (I) ENSURE HIGH QUALITY
CLINICAL EDUCATION FOR PRESERVICE TEACHER EDUCATION STUDENTS IN URBAN
LOCATIONS; (II) DESIGN AND IMPLEMENT PROGRAMS TO RECRUIT CHILDREN INTO
CAREERS OF TEACHING; (III) INCREASE THE NUMBER OF MINORITY CANDIDATES IN
TEACHER PREPARATION PROGRAMS AND INCREASE PRODUCTIVITY IN TEACHING
FIELDS OF CRITICAL NEED INCLUDING, BUT NOT LIMITED TO, CHILDHOOD EDUCA-
TION WITH EMPHASIS IN SCIENCE, MATHEMATICS, AND READING; EARLY ADOLES-
CENCE EDUCATION WITH EMPHASIS IN INTEGRATED SCIENCE-MATHEMATICS-TECHNOL-
OGY; ADOLESCENT EDUCATION IN SCIENCE AND MATHEMATICS; SPECIAL EDUCATION;
BILINGUAL SPECIAL EDUCATION; AND BILINGUAL SPEECH PATHOLOGY; (IV)
ATTRACT TEACHER EDUCATION STUDENTS TO JOBS IN URBAN LOCATIONS OF CRIT-
ICAL NEED; AND (V) SYSTEMATICALLY RENEW BOTH THE SCHOOL AND COLLEGIATE
ENVIRONMENTS THROUGH JOINT PROFESSIONAL DEVELOPMENT AND SCHOLARLY ACTIV-
ITIES.
C. PROVIDE SPECIAL CAPSTONE PROGRAMS FOR STUDENTS FROM OTHER
COLLEGES/UNIVERSITIES IN THE STATE TO RECRUIT AND QUALIFY PRESERVICE
EDUCATORS FOR SERVICE IN URBAN SETTINGS.
S 2. Section 605 of the education law is amended by adding a new
subdivision 13 to read as follows:
13. REGENTS TEACHER LOAN FORGIVENESS PROGRAM. REGENTS TEACHER LOAN
FORGIVENESS AWARDS SHALL BE AWARDED ANNUALLY TO TEACHERS WHO AGREE TO
TEACH PUBLIC SCHOOL IN AN AREA OF NEW YORK STATE DESIGNATED BY THE
REGENTS AS HAVING A SHORTAGE OF PUBLIC SCHOOL TEACHERS. SUCH AWARDS
SHALL BE CLASSIFIED AND ALLOCATED IN ACCORDANCE WITH REGENTS RULES.
A. ELIGIBILITY. (1) THE APPLICANT MUST BE A RESIDENT OF NEW YORK STATE
AND CERTIFIED.
(2) THE APPLICANT MUST AGREE TO TEACH PUBLIC SCHOOL IN AN AREA IN NEW
YORK STATE DESIGNATED AS HAVING A SHORTAGE OF PUBLIC SCHOOL TEACHERS.
B. SELECTION. THE COMMISSIONER SHALL ESTABLISH CRITERIA FOR THE
SELECTION OF PARTICIPANTS IN THE PROGRAM. AN APPLICANT MUST SATISFY AT
LEAST ONE OF THE CRITERIA ESTABLISHED. A PRIORITY SHALL BE ACCORDED TO
ANY APPLICANT WHO IS COMPLETING THE SECOND YEAR OF THE SERVICE REQUIRE-
MENT AND IS REAPPLYING FOR A NEW AWARD. THE CRITERIA SHALL INCLUDE BUT
NOT BE LIMITED TO THE FOLLOWING:
(1) REAPPLICATION FOR A NEW AWARD BY A PERSON WHO IS COMPLETING THE
SECOND YEAR OF A SERVICE REQUIREMENT;
(2) RECEIPT OF SPECIFIC TRAINING IN AN AREA OF CERTIFICATION DETER-
MINED BY THE REGENTS TO BE IN SHORT SUPPLY;
(3) RECEIPT OF SPECIFIC TRAINING OR EXPERIENCE IN SERVING A SHORTAGE
AREA;
(4) RECEIPT OF SPECIFIC TRAINING OR EXPERIENCE MATCHING A SPECIFIC
EDUCATIONAL NEED EXISTING IN A SHORTAGE AREA; AND
(5) AGREEMENT PURSUANT TO SUBDIVISION D OF THIS SECTION TO TEACH
PUBLIC SCHOOL IN AN AREA DETERMINED BY THE REGENTS TO HAVE A SEVERE
SHORTAGE OF PUBLIC SCHOOL TEACHERS.
C. NOTIFICATION. (1) THE COMMISSIONER SHALL THEN FORWARD APPROVED
APPLICATIONS TO THE PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS;
(2) THE PRESIDENT SHALL VERIFY THE APPROVED APPLICANTS':
(I) ELIGIBILITY; AND
(II) TOTAL UNDERGRADUATE AND GRADUATE SCHOOL STUDENT EXPENSE;
(3) THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT.
D. SERVICE REQUIREMENT. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY
REGULATION PROVIDE, A RECIPIENT OF AN AWARD SHALL HAVE AGREED TO TEACH
A. 2993 3
PUBLIC SCHOOL IN A SPECIFIC AREA DESIGNATED AS HAVING A SHORTAGE OF
PUBLIC SCHOOL TEACHERS FOR A PERIOD OF TEN MONTHS FOR EACH ANNUAL
PAYMENT TO BE RECEIVED BY THE RECIPIENT. TEACHERS IN TRAINING WHO
RECEIVE AN AWARD SHALL NOT RECEIVE CREDIT TOWARD THEIR REQUIRED SERVICE
FOR TIME SPENT IN A TRAINING PROGRAM. IN NO CASE SHALL THE TOTAL NUMBER
OF MONTHS OF SERVICE REQUIRED BE LESS THAN TWENTY-FOUR. THE PRESIDENT
SHALL, IN CONSULTATION WITH THE COMMISSIONER, DEVELOP AND SECURE FROM
EACH AWARD RECIPIENT, A WRITTEN AGREEMENT TO:
(1) TEACH PUBLIC SCHOOL IN THE DESIGNATED SHORTAGE AREA; AND
(2) TEACH FULL-TIME AND SERVE AS AN EXTRA-CURRICULAR ACTIVITY ADVISOR
OR COACH.
IF A RECIPIENT FAILS TO COMPLY FULLY WITH SUCH CONDITIONS, THE PRESI-
DENT SHALL BE ENTITLED TO RECEIVE FROM SUCH RECIPIENT AN AMOUNT TO BE
DETERMINED BY THE FORMULA:
A = 2B (T-S)
-----
T
IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B"
IS THE SUM OF ALL PAYMENTS MADE TO THE RECIPIENT AND THE INTEREST ON
SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID
THEY WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T" IS
THE TOTAL NUMBER OF MONTHS IN THE RECIPIENT'S PERIOD OF OBLIGATED
SERVICES; AND "S" IS THE NUMBER OF MONTHS OF SERVICE ACTUALLY RENDERED
BY THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO RECOVER
UNDER THIS PARAGRAPH SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD BEGINNING
ON THE DATE THAT THE RECIPIENT FAILED TO COMPLY WITH THIS SERVICE CONDI-
TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
MENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND APART FROM THE
PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH AN AGENCY,
INSTITUTION OR A PROGRAM IN WHICH HE OR SHE SHALL BE EMPLOYED.
ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS
SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. THE COMMIS-
SIONER SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF
ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
E. REPORTING. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, AND THE DEPARTMENT ON
FORMS PRESCRIBED BY THE PRESIDENT, AS TO THE PERFORMANCE OF THE REQUIRED
SERVICES, COMMENCING WITH THE CALENDAR YEAR IN WHICH THE RECIPIENT
BEGINS TO TEACH PUBLIC SCHOOL IN A SHORTAGE AREA AND CONTINUING UNTIL
THE RECIPIENT SHALL HAVE COMPLETED, OR IT IS DETERMINED THAT HE OR SHE
SHALL NOT BE OBLIGATED TO COMPLETE, THE REQUIRED SERVICES. IF THE
RECIPIENT SHALL FAIL TO FILE ANY REPORT REQUIRED HEREUNDER WITHIN THIRTY
DAYS OF WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE ADDRESS SHOWN ON
THE LAST APPLICATION FOR AN AWARD OR LAST REPORT FILED, WHICHEVER IS
LATER, THE PRESIDENT OF THE CORPORATION MAY IMPOSE A FINE OF UP TO ONE
THOUSAND DOLLARS. THE PRESIDENT SHALL HAVE THE DISCRETION TO WAIVE THE
FILING OF A REPORT, EXCUSE A DELAY IN FILING OR A FAILURE TO FILE A
REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
F. OTHER AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR ONE
ADDITIONAL AWARD.
S 3. The education law is amended by adding a new section 677-b to
read as follows:
S 677-B. REGENTS PUBLIC SCHOOL TEACHER LOAN FORGIVENESS PROGRAM. 1.
NUMBER AND CERTIFICATION. EIGHTY REGENTS PUBLIC SCHOOL TEACHER LOAN
FORGIVENESS AWARDS SHALL BE AWARDED EACH YEAR. SUCH AWARDS SHALL BE
ALLOCATED AS PROVIDED IN ARTICLE THIRTEEN OF THIS CHAPTER TO ELIGIBLE
A. 2993 4
PUBLIC SCHOOL TEACHERS AS CERTIFIED TO THE PRESIDENT BY THE COMMISSION-
ER.
2. CALCULATION OF AWARD AMOUNTS. EACH AWARD SHALL CONSIST OF TWO
CONSECUTIVE ANNUAL LOAN FORGIVENESS PAYMENTS. EACH OF THE ANNUAL
PAYMENTS SHALL BE FOR AN AMOUNT EQUAL TO THE TOTAL OF UNDERGRADUATE AND
GRADUATE SCHOOL STUDENT LOAN EXPENSE OR TEN THOUSAND DOLLARS WHICHEVER
IS LESS. THE PRESIDENT SHALL BE RESPONSIBLE FOR CALCULATING THE DOLLAR
AMOUNT OF EACH AWARD THAT ELIGIBLE CANDIDATES MAY RECEIVE FROM THIS
PROGRAM. FOR THE PURPOSES OF THIS SECTION, STUDENT LOAN EXPENSE SHALL
MEAN THE CUMULATIVE TOTAL OF THE ANNUAL STUDENT LOANS COVERING THE COST
OF ATTENDANCE AT AN UNDERGRADUATE INSTITUTION AND/OR GRADUATE SCHOOL.
INTEREST PAID OR DUE ON STUDENT LOANS THAT AN APPLICANT HAS TAKEN OUT
FOR USE IN PAYING FOR SUCH UNDERGRADUATE AND/OR GRADUATE EDUCATION SHALL
BE CONSIDERED ELIGIBLE FOR REIMBURSEMENT UNDER THIS PROGRAM.
3. AWARD DISBURSEMENT. A. ANNUAL AWARD DISBURSEMENTS SHALL BE THE
RESPONSIBILITY OF THE PRESIDENT AND SHALL OCCUR PRIOR TO THE BEGINNING
OF EACH OF THE REQUIRED TERMS OF SERVICE AS SPECIFIED IN THE SERVICE
CONTRACT. THE BOARD OF TRUSTEES OF THE HIGHER EDUCATION SERVICES CORPO-
RATION SHALL ADOPT RULES AND REGULATIONS REGARDING CRITERIA FOR DETER-
MINING SUCCESSFUL COMPLETION OF THE SERVICE CONTRACT AND ANY APPEAL
PROCESS THAT MAY BE REQUIRED TO IMPLEMENT THIS PARAGRAPH UPON RECOMMEN-
DATION OF THE PRESIDENT IN CONSULTATION WITH THE COMMISSIONER.
B. THE DISBURSEMENT OF THE SECOND ANNUAL AWARD SHALL BE DEPENDENT UPON
SUCCESSFUL COMPLETION OF THE FIRST YEAR REQUIREMENT OF THE SERVICE
CONTRACT AS DEFINED BY THE PRESIDENT, AS WELL AS OTHER CRITERIA SET
FORTH IN THIS SECTION.
S 4. This act shall take effect immediately.