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

                                  10723

                          I N  A S S E M B L Y

                              June 13, 2016
                               ___________

Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Jaffee,
  Zebrowski) -- read once and referred to  the  Committee  on  Ways  and
  Means

AN  ACT  relating  to  supplementary  funding for dedicated programs for
  public school students in the East  Ramapo  central  school  district;
  providing  an  appropriation therefor; and providing for the repeal of
  such provisions upon expiration thereof

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

  Section  1.  Legislative  intent. The legislature finds and determines
that over the course of many years there have been dramatic  changes  in
the  demographics  in the town of Ramapo, Rockland county. The number of
residents in the town has dramatically increased, swelling the  size  of
the  East Ramapo central school district to over 30,000 students. Nearly
2/3 of those students do not, however, attend the public school  system.
In  2015  the  state  education  department,  pursuant to its powers and
duties, appointed three monitors to the  district,  led  by  the  former
chancellor  of  the  New  York  City  school district.   The legislature
further finds and determines  that  in  order  to  continue  moving  the
dialogue in the right direction, with the ultimate goal of improving the
outcomes  of  all students within the district, the appointment of moni-
tors should continue. This  legislation  continues  the  appointment  of
monitors in the East Ramapo central school district. Finally, the legis-
lature finds that this legislation has received general support from the
school board and the community as a whole.
  S 2. Definitions. As used in this act:
  (a) "commissioner" shall mean commissioner of education;
  (b) "department" shall mean state education department;
  (c)  "board of education" or "board" shall mean the board of education
of the East Ramapo central school district;
  (d) "school district" or "district" shall mean the East Ramapo central
school district; and
  (e) "superintendent" shall mean the superintendent of the East  Ramapo
central school district.

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

                                                           LBD15839-03-6

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  (f) "comptroller" shall mean the state comptroller.
  S  3.  (a)  Appointment of monitor team. In accordance with the powers
and duties of the board of regents  and  the  commissioner  pursuant  to
subdivision  2  of  section 305 of the education law, section 308 of the
education law, and section 215 of the education  law,  the  commissioner
shall  appoint  up to 3 monitors to carry out the provisions of this act
including but not limited to providing oversight, guidance and technical
assistance related to the educational and  fiscal  policies,  practices,
programs  and  decisions of the East Ramapo central school district, the
board of education and the superintendent.
  (b) The monitors shall be non-voting ex-officio members of the  school
board.  The  monitors  shall  be  individuals  who  are not residents or
employees of the school district and to the extent practical, shall have
experience in one of more of the following areas:
  (i) school district finances;
  (ii) elementary and secondary education;
  (iii) the operation of school districts in New York;
  (iv) educating students with disabilities; and/or
  (v) educating English language learners.
  S 4. The monitor or monitors shall be entitled to attend all  meetings
of the board, including executive sessions; provided however, such moni-
tor  or  monitors shall not be considered for purposes of establishing a
quorum of the board, provided further that the monitors may  be  excused
from executive sessions when privileged issues are being discussed.  The
East Ramapo central school district shall fully cooperate with any moni-
tor or monitors appointed by the commissioner, including but not limited
to providing such monitor or monitors with access to any necessary docu-
ments  and records of the district including access to electronic infor-
mation systems, databases and planning documents,  consistent  with  all
applicable state and federal statutes including but not limited to Fami-
ly  Educational  Rights  and  Privacy  Act (FERPA)(20 U.S.C. S1232g) and
section 2-d of the education law.
  S 5.  (a) The sum of one million dollars ($1,000,000) is hereby appro-
priated for the 2016--2017 school year to the state education department
out of moneys in the state treasury in the general fund to the credit of
the local assistance account, not otherwise appropriated, for reimburse-
ment to the East Ramapo central  school  district  to  support  students
attending public schools in such district, provided that the district is
in  compliance  with  the  requirements  set forth in this act. Provided
further that funding appropriated in this paragraph shall only  be  made
available after the director of the budget has certified that the sum of
two  million  dollars  ($2,000,000)  has been made available to the East
Ramapo central school  district  from  available  appropriations  within
chapter  53  of the laws of 2016, provided that such funds are only made
available for purposes set forth in this act.
  (a-1) The East Ramapo central school district  shall  be  eligible  to
receive  reimbursement  from such funds made available pursuant to para-
graph (a) of this section for its approved expenditures on  services  to
improve  and enhance the educational opportunities of students attending
the public schools in such district. Such services  shall  include,  but
not  be limited to, reducing class sizes, expanding academic and enrich-
ment opportunities, establishing and  expanding  kindergarten  programs,
expanding  extracurricular  opportunities  and providing student support
services, provided, however, transportation services and expenses  shall
not be eligible for reimbursement from such funds.

A. 10723                            3

  (b)  In  order to receive such funds, the school district in consulta-
tion with the monitor or monitors shall develop a  long  term  strategic
academic  and fiscal improvement plan within 6 months from the enactment
of this act. Such plan  shall  be  submitted  to  the  commissioner  for
approval  and  shall  include a set of goals with appropriate benchmarks
and measurable objectives and identify strategies to address areas where
improvements are needed in the district, including but  not  limited  to
its  financial stability, academic opportunities and outcomes, education
of students with disabilities, education of English  language  learners,
and  shall  ensure compliance with all applicable state and federal laws
and regulations.  This improvement plan shall also include a  comprehen-
sive expenditure plan that will describe how the funds made available to
the  district pursuant to this section will be spent.  The comprehensive
expenditure plan shall  ensure  that  funds  supplement,  not  supplant,
expenditures  from  local, state and federal funds for services provided
to public school students.  Such expenditure plan shall be developed  in
consultation with the monitor or monitors appointed by the commissioner.
The  board  of education of the East Ramapo central school district must
conduct a public hearing on the expenditure plan and shall consider  the
input  of the community before adopting such plan. Such expenditure plan
shall also be made publicly available and shall be submitted along  with
comments made by the community to the commissioner for approval once the
plan is finalized.  Upon review of the improvement plan and the expendi-
ture  plan,  required  to  be  submitted pursuant to this subdivision or
section seven of this act, the commissioner shall approve or  deny  such
plan  in writing and, if denied, shall include the reasons therefor. The
district in consultation with the monitors may  resubmit  such  plan  or
plans with any needed modifications thereto.
  (c) The commissioner shall disburse the funds appropriated pursuant to
this  section after receiving satisfactory evidence from the East Ramapo
central school district that the district has complied with the approved
comprehensive expenditure plan and spent  such  funds  pursuant  to  the
approved expenditure plan.
  (d)  The commissioner of education shall have 30 days from the receipt
of such evidence to confirm whether the  school  district  has  complied
with the requirements of this act and shall determine whether such funds
were  spent in conformance with the provisions of this act. Upon finding
compliance and determining that the funds were  properly  expended,  the
commissioner  shall  certify  the amount of the approved expenditures to
the state comptroller for payment no  later  than  60  days  after  such
determinations.  The  East  Ramapo  central  school  district  shall not
receive reimbursement for funds authorized pursuant to this act that are
not spent for the direct benefit of students attending public schools in
such district in a manner consistent  with  its  approved  comprehensive
expenditure plan or prior written approval from the commissioner.
  S  6. Fiscal and operational oversight by the commissioner. During the
effective period  of  this  act  the  commissioner  shall  undertake  an
enhanced review of the district budget.
  (a)  The  board of education in consultation with the monitor or moni-
tors shall annually submit the school district's proposed budget for the
next succeeding school year to the commissioner no later  than  45  days
before  the  date  scheduled  for the school district's budget vote. The
commissioner shall review the budget to ensure that it, to the  greatest
extent  possible, expands educational programming for students including
but not limited to extracurricular activities,  course  offerings,  non-
mandated  support services, non-mandated art and music classes, programs

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and services for English language learners and students  with  disabili-
ties, and maintaining class size. The commissioner shall also review the
proposed  budget  to  ensure  that  it is balanced within the context of
revenue and expenditure estimates and mandated programs. The commission-
er  shall present his or her findings to the board of education no later
than 30 days prior to the date scheduled for the school district's budg-
et vote. The board of education shall make adjustments to  the  proposed
budget consistent with any recommendations made by the commissioner. The
school  district  shall  make  available  on the district's website: the
initial proposed budget, the  commissioner's  findings,  and  the  final
proposed budget prior to the date of the school district's budget vote.
  (b)  The monitor or monitors appointed by the commissioner shall quar-
terly, and the district  shall  annually  provide  to  the  commissioner
reports  on  the fiscal and operational status of the school district to
ensure compliance with subdivision (a) of  this  section.  In  addition,
monitors  shall  provide  an annual report to the commissioner and comp-
troller on contracts that the district entered into throughout the year.
All reports shall be subject to review by the comptroller at the request
of the commissioner.
  S 7. To ensure compliance with the comprehensive expenditure plan,  in
the  event  the  district  plans  to  reduce  budget  appropriations for
programs restored or created under the comprehensive expenditure plan or
the strategic academic and fiscal improvement plan as well as  the  sale
of  school  buildings  or  other  real  property and capital improvement
contracts in excess of one  hundred  thousand  dollars  ($100,000),  the
district shall submit a plan to the commissioner for approval.
  S  8.  This act shall take effect July 1, 2016 and shall expire and be
deemed repealed June 30, 2017.