Senate Bill S3821A

2015-2016 Legislative Session

Authorizes the commissioner of education to appoint a state monitor to oversee the East Ramapo central school district and establishes the powers and duties of the state monitor

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Archive: Last Bill Status - In Senate Committee Education Committee

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to education
May 12, 2015	print number 3821a
May 12, 2015	amend and recommit to education
Apr 28, 2015	notice of committee consideration - requested
Feb 18, 2015	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S3821 - Details

See Assembly Version of this Bill:: A5355
Current Committee:: Senate Education
Law Section:: Education

2015-S3821 - Summary

Authorizes the commissioner of education to appoint a state monitor to oversee the East Ramapo central school district and establishes the powers and duties of the state monitor.

2015-S3821 - Sponsor Memo

                                BILL NUMBER:S3821

TITLE OF BILL:  An act authorizing the commissioner of education to
appoint a state monitor to oversee the East Ramapo central school
district and establishing the powers and duties of the state monitor;
and providing for the repeal of such provisions upon expiration
thereof

PURPOSE OR GENERAL IDEA OF BILL: This bill would appoint a state
monitor to the East Ramapo Central School District within sixty days
following the effective date of this act.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Provides definitions.

Section 2. Requires the Commissioner of Education to appoint a state
monitor for the East Ramapo School District, who will serve at the
pleasure of the commissioner;

Section 3. Describes the powers of the state monitor which include but
are not limited to proposing of resolutions and overriding decisions
by the board or superintendent if deemed necessary for the educational
welfare of the students attending the district and/or the fiscal
stability of the district;

Section 4. Describes the duties of the state monitor duties which
include but are not limited to submission of a five year strategic

plan for the district, attend all board meetings including executive
session, supervise the fiscal and operational management and submit
annual reports and updates;

Section 5. Describes the appeal process for state monitor decisions
for the school board, they may appeal by petition to the commissioner
in accordance with section three hundred eleven of the education law;

Section 6. Authorizes the commissioner to promulgate regulations and
immediately take such other actions as necessary to implement the
provisions of this act;

Section 7. Sets forth the time period of the appointment - a period of
at least five years and the commissioner, in consultation with the
Board of Regents, shall have the authority to extend the appointment
for an additional period of time in intervals of one to five years, as
determined by the commissioner

JUSTIFICATION: On June 10, 2014 the Commissioner of the NYS Department
of Education appointed a Fiscal Monitor to the East Ramapo Central
School District located in Rockland County, New York to review the
District's fiscal practices, conduct and history. Following a 4 month
investigation which included interviews with District officials,
teachers, students, PTA leaders, community stakeholders, clergy and
many others as well as tours of the public and private schools,
observation of classes, review of District records along with other
documents a report was submitted to the New York Board of Regents and
State Education Department on November 18, 2014. The Fiscal Monitor's
report titled, "East Ramapo: A School District in Crisis," made six
recommendations. This legislation addresses the first recommendation
which stated, "Reform district's governance structure to provide


necessary check and balance to the board and superintendent that
protects public school students. At a minimum, there must be a vehicle
to override, in real time, unreasonable decisions by the board and
Superintendent and ensure that the District conducts its affairs in a
transparent fashion." This legislation will do just that, by bringing
together the entire East Ramapo Community to work towards a long term
solution that will address the unique needs within the school
district, as well as providing important oversight.

PRIOR LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediate

2015-S3821 - Bill Text download pdf

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

    S. 3821                                                  A. 5355

                       2015-2016 Regular Sessions

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

                            February 18, 2015
                               ___________

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

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

AN  ACT  authorizing  the  commissioner  of education to appoint a state
  monitor to oversee the East Ramapo central school district and  estab-
  lishing  the powers and duties of the state monitor; 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.  Definitions.  For the purposes of this act, the following
terms shall have the following meanings:
  (a) "board of education" or "board" shall mean the board of  education
of the East Ramapo central school district.
  (b) "commissioner" shall mean the commissioner of education.
  (c) "department" shall mean the state education department.
  (d) "school district" or "district" shall mean the East Ramapo central
school district.
  (e)  "state  monitor"  or  "monitor"  shall  mean the person appointed
pursuant to section two of this act, or an interim person  appointed  to
such position.
  (f)  "superintendent" shall mean the superintendent of the East Ramapo
central school district.
  S 2. Appointment. (a) The commissioner shall appoint a  state  monitor
to  provide  direct  oversight  of  the educational and fiscal policies,
practices, programs and decisions of  the  East  Ramapo  central  school
district,  the  board  of education and superintendent within sixty days
following the effective date of this act. The commissioner shall provide
the monitor technical support and assistance for the purposes of  carry-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09199-01-5

S. 3821                             2                            A. 5355

ing  out  his  or  her  duties under this act, if requested by the state
monitor. The state monitor shall serve at the pleasure  of  the  commis-
sioner.
  (b) The commissioner shall have the authority to appoint a state moni-
tor  on  an  interim basis during the search for a permanent appointment
and in the event of resignation, death, incapacity, or any other  reason
which  causes  the monitor to be unable to perform his or her duties and
until such time as a permanent state monitor is appointed.    Any  state
monitor  appointed  on an interim basis shall have the powers and duties
of the state monitor contained in this act.
  (c) The state monitor, including his or her staff,  shall  be  paid  a
fixed  salary set by the commissioner and shall be reimbursed for actual
expenses incurred in the performance of their  duties  including  travel
and  supplies.  The costs associated with the implementation of this act
shall be borne by the state of New York from an appropriation  for  that
purpose.
  (d) Notwithstanding any other provision of general or special law, the
earnings limitations contained in any such general or special law, local
law  and/or  charter  and  applicable  to the employment of persons in a
position or positions in public  service  in  any  calendar  year  while
retired  and  receiving  a  retirement  allowance shall not apply to any
appointment authorized by this act. If applicable, the state monitor may
continue as retired and without loss, suspension or diminution of his or
her retirement allowance provided that  such  individual  is  granted  a
waiver  of  retirement earnings limitation by the commissioner of educa-
tion.
  (e) For the purposes of this act, the state monitor  and  his  or  her
staff shall be considered state employees as defined in the public offi-
cers law.
  S 3. State monitor powers. The state monitor shall have the power to:
  (a)  Propose  a resolution or course of action to be considered by the
board of education or superintendent if the  state  monitor  finds  that
such  resolution  or course of action is necessary in order to carry out
his or her duties required by this act and is necessary for  the  educa-
tional  welfare of the students attending the district and/or the fiscal
stability of the district. If such resolution or  course  of  action  is
proposed,  the  board  must vote on the proposed resolution or course of
action within fourteen days of receiving such resolution, or at the next
regularly scheduled board meeting.
  (b) Override decisions by the board or superintendent  if  he  or  she
finds  that  such override is necessary in order to carry out his or her
duties required by this act and is necessary for the educational welfare
of the students attending the district and/or the  fiscal  stability  of
the district.  The state monitor may override a decision by the board or
superintendent by issuing a directive, which must include specific find-
ings  as  to  the  necessity  of such override. The board may appeal the
state monitor's override in accordance with section five of this act.
  (c) Access all district documents and records. School district person-
nel shall provide any and all documents requested by the  state  monitor
or  his  or her designee, and the state monitor shall have access to all
electronic information systems, databases, and planning  documents.  The
monitor  shall maintain the security and confidentiality of all informa-
tion protected from disclosure by federal or state law or regulation.
  (d) Direct the board, superintendent,  and/or  other  school  district
officers  to  undergo  any  training as deemed necessary and pursuant to
timelines established by the state monitor.

S. 3821                             3                            A. 5355

  (e) Hire staff necessary to assist in carrying out the state monitor's
duties required by this act, subject to a staffing plan approved by  the
commissioner of education.
  (f) Hold public hearings or forums on school district matters as he or
she deems necessary.
  (g)  Conduct  any  relevant  studies, reports, and reviews of district
matters.
  S 4. State monitor duties. The state monitor shall have the  following
duties:
  (a)  Develop  and  implement a five-year strategic academic and fiscal
improvement plan in consultation with the  commissioner  and  the  board
within six months from the date of appointment.
  1.  The  monitor  shall  hold  at  least one public hearing within the
district, prior to the certification of the plan by the  state  monitor,
for  the  purpose of presenting the contents of the improvement plan and
seeking public comment on its contents. The superintendent shall  ensure
that notice for the public hearing or hearings are posted in a manner to
maximize the participation of parents, students, and school personnel.
  2.  The plan must establish a set of goals with appropriate benchmarks
and measurable objectives and identify strategies to address areas where
improvements are needed in school district operations, including but not
limited to its financial stability, academic opportunities and outcomes,
education of students with disabilities, education of  English  language
learners,  community relations and board governance practices, and shall
ensure district compliance with all applicable state  and  federal  laws
and regulations.
  3.  The plan shall be publicly available at least fourteen days before
the hearing or hearings at which it will be  presented  and  the  super-
intendent  shall  ensure  that copies thereof shall be prepared and made
available, upon request,  to  residents  within  the  district  at  each
schoolhouse in the district in which school is maintained during certain
designated  hours  on  each day other than a Saturday, Sunday or holiday
during the seven days immediately preceding such hearing or hearings.
  4. Following the hearing or hearings held pursuant to paragraph one of
this subdivision, but prior to certification of the improvement plan  by
the  state monitor, the state monitor shall publicly report to the board
an assessment of all public comments concerning the proposed plan and  a
description  of  any  changes  made  to  such plan as a result of public
comments received. The certified plan must be submitted  to  the  board,
commissioner,  governor,  the temporary president of the senate, and the
speaker of the assembly.
  (b) Attend all meetings of the board including executive sessions. The
state monitor, or designee of the monitor, shall be deemed to be a  non-
voting  member  of  the  board  and  shall be entitled to sit with board
members at all meetings of the board and participate in all board  hear-
ings  and  meetings, and the superintendent shall be required to provide
adequate notice to the state monitor of all such meetings and  hearings.
The  state monitor shall ensure to the extent practicable that the board
conducts all meetings, including executive sessions, in compliance  with
article  seven  of  the  public officers law, and shall be authorized to
seek written advisory opinions from the committee on open government.
  (c) Supervise the  fiscal  and  operational  management  and  academic
programming of the school district, including, but not limited to, over-
sight  over  the development of the annual budget, resource allocations,
contracts, facility management, educational program, and use of district
funds.

S. 3821                             4                            A. 5355

  (d) Submit an annual  report  and  quarterly  updates  to  the  board,
commissioner,  governor,  the temporary president of the senate, and the
speaker of the assembly on the progress of the  strategic  academic  and
fiscal  improvement  plan, actions undertaken by the monitor, any finan-
cial  information  the  monitor  deems  appropriate,  and other district
matters of importance, including recommendations with respect  to  state
funding  levels,  improvement  of  school  operations,  or  other policy
suggestions at the discretion of the state monitor. At the conclusion of
the monitor's appointment as determined by section seven  of  this  act,
the  state  monitor  shall  issue a final report that includes long term
recommendations that address the unique needs of the school district.
  S 5. Appeal process for monitor decisions. Notwithstanding  any  other
law, rule or regulation to the contrary, all decisions made by the state
monitor,  including  decisions  to  overturn  board  and  superintendent
actions, shall be final and conclusive  unless  and  until  modified  or
reversed in an appeal to the commissioner pursuant to this section. When
the  board alleges that a reversal of a board or superintendent decision
by the state monitor violates the education law, the rules of the  board
of  regents,  the  regulations  of  the  commissioner, or the terms of a
certified five-year strategic academic and fiscal improvement plan,  the
board  may  appeal  by  petition  to the commissioner in accordance with
procedures established by the commissioner  pursuant  to  section  three
hundred eleven of the education law.
  S  6.  Regulations. The commissioner shall be authorized to promulgate
regulations and immediately take such  other  actions  as  necessary  to
implement the provisions of this act.
  S 7. Appointment period. The appointment of the state monitor shall be
for  a  period of at least five years from the initial date of the state
monitor appointment. At the expiration of the initial appointment  peri-
od,  the  commissioner, in consultation with the board of regents, shall
have the authority to extend the appointment for an additional period of
time in intervals of one to five years, as determined by the commission-
er. The appointment may be extended, for a term or terms as the  commis-
sioner deems necessary consistent with the repeal date of this act.
  S  8.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2025.

co-Sponsors

View additional co-sponsors

2015-S3821A (ACTIVE) - Details

See Assembly Version of this Bill:: A5355
Current Committee:: Senate Education
Law Section:: Education

2015-S3821A (ACTIVE) - Summary

Authorizes the commissioner of education to appoint a state monitor to oversee the East Ramapo central school district and establishes the powers and duties of the state monitor.

2015-S3821A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3821A

TITLE OF BILL:

An act authorizing the commissioner of education to appoint a state
monitor to oversee the East Ramapo central school district and estab-
lishing the powers and duties of the state monitor; and providing for
the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

This bill would appoint a state monitor to the East Ramapo Central
School District within sixty days following the effective date of this
act.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Provides definitions.

Section 2. Requires the Commissioner of Education to appoint a state
monitor for the East Ramapo School District, who will serve at the plea-
sure of the commissioner;

Section 3. Describes the powers of the state monitor which include but
are not limited to proposing of resolutions and overriding decisions by
the board or superintendent if deemed necessary for the educational

welfare of the students attending the district and/or the fiscal stabil-
ity of the district;

Section 4. Describes the duties of the state monitor duties which
include but are not limited to submission of a five year strategic plan
for the district, attend all board meetings including executive session,
supervise the fiscal and operational management and submit annual
reports and updates;

Section 5. Describes the appeal process for state monitor decisions for
the school board, they may appeal by petition to the commissioner in
accordance with section three hundred eleven of the education law;

Section 6. Authorizes the commissioner to promulgate regulations and
immediately take such other actions as necessary to implement the
provisions of this act;

Section 7. Sets forth the time period of the appointment - a period of
at least five years and the commissioner, in consultation with the Board
of Regents, shall have the authority to extend the appointment for an
additional period of time in intervals of one to five years, as deter-
mined by the commissioner

JUSTIFICATION:

On June 10, 2014 the Commissioner of the NYS Department of Education
appointed a Fiscal Monitor to the East Ramapo Central School District
located in Rockland County, New York to review the District's fiscal
practices, conduct and history. Following a 4 'A month investigation
which included interviews with District officials, teachers, students,
PTA leaders, community stakeholders, clergy and many others as well as
tours of the public and private schools, observation of classes, review
of District records along with other documents a report was submitted to
the New York Board of Regents and State Education Department on November
18, 2014. The Fiscal Monitor's report titled, "East Ramapo: A School
District in Crisis," made six recommendations. This legislation
addresses the first recommendation which stated, "Reform district's
governance structure to provide necessary check and balance to the board
and superintendent that protects public school students. At a minimum,
there must be a vehicle to override, in real time, unreasonable deci-
sions by the board and Superintendent and ensure that the District
conducts its affairs in a transparent fashion." This legislation will do
just that, by bringing together the entire East Ramapo Community to work
towards a long term solution that will address the unique needs within
the school district, as well as providing important oversight.

PRIOR LEGISLATIVE HISTORY:

This is new legislation.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediate

2015-S3821A (ACTIVE) - Bill Text download pdf

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

    S. 3821--A                                            A. 5355--A

                       2015-2016 Regular Sessions

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

                            February 18, 2015
                               ___________

IN  SENATE  --  Introduced  by  Sens. CARLUCCI, AVELLA, KRUEGER, LARKIN,
  LATIMER, SAVINO, VALESKY -- 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

IN ASSEMBLY -- Introduced by M. of A. JAFFEE, ZEBROWSKI, SKOUFIS,  HOOP-
  ER,  RODRIGUEZ,  GOTTFRIED,  DINOWITZ, PAULIN, ABINANTI, LAVINE, OTIS,
  BICHOTTE, PICHARDO,  MAYER,  MILLER,  BENEDETTO,  CLARK,  RAIA,  FAHY,
  ARROYO  --  Multi-Sponsored  by  --  M.  of  A.  GALEF, GLICK, HEVESI,
  O'DONNELL, RIVERA, SEAWRIGHT, SIMON, SOLAGES, STIRPE -- read once  and
  referred  to  the Committee on Education -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  authorizing  the  commissioner  of education to appoint a state
  monitor to oversee the East Ramapo central school district and  estab-
  lishing  the powers and duties of the state monitor; 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.  Definitions.  For the purposes of this act, the following
terms shall have the following meanings:
  (a) "board of education" or "board" shall mean the board of  education
of the East Ramapo central school district.
  (b) "commissioner" shall mean the commissioner of education.
  (c) "department" shall mean the state education department.
  (d) "school district" or "district" shall mean the East Ramapo central
school district.
  (e)  "state  monitor"  or  "monitor"  shall  mean the person appointed
pursuant to section two of this act, or an interim person  appointed  to
such position.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09199-04-5

S. 3821--A                          2                         A. 5355--A

  (f)  "superintendent" shall mean the superintendent of the East Ramapo
central school district.
  S  2.  Appointment. (a) The commissioner shall appoint a state monitor
to provide direct oversight of  the  educational  and  fiscal  policies,
practices,  programs  and  decisions  of  the East Ramapo central school
district, the board of education and superintendent  within  sixty  days
following the effective date of this act. The commissioner shall provide
the  monitor technical support and assistance for the purposes of carry-
ing out his or her duties under this act,  if  requested  by  the  state
monitor.  The  state  monitor shall serve at the pleasure of the commis-
sioner.
  (b) The commissioner shall have the authority to appoint a state moni-
tor on an interim basis during the search for  a  permanent  appointment
and  in the event of resignation, death, incapacity, or any other reason
which causes the monitor to be unable to perform his or her  duties  and
until  such  time  as a permanent state monitor is appointed.  Any state
monitor appointed on an interim basis shall have the powers  and  duties
of the state monitor contained in this act.
  (c)  The  state  monitor,  including his or her staff, shall be paid a
fixed salary set by the commissioner and shall be reimbursed for  actual
expenses  incurred  in  the performance of their duties including travel
and supplies. The costs associated with the implementation of  this  act
shall  be  borne by the state of New York from an appropriation for that
purpose.
  (d) Notwithstanding any other provision of general or special law, the
earnings limitations contained in any such general or special law, local
law and/or charter and applicable to the  employment  of  persons  in  a
position  or  positions  in  public  service  in any calendar year while
retired and receiving a retirement allowance  shall  not  apply  to  any
appointment authorized by this act. If applicable, the state monitor may
continue as retired and without loss, suspension or diminution of his or
her  retirement  allowance  provided  that  such individual is granted a
waiver of retirement earnings limitation by the commissioner  of  educa-
tion.
  (e)  For  the  purposes  of this act, the state monitor and his or her
staff shall be considered state employees as defined in the public offi-
cers law.
  S 3. State monitor powers. The state monitor shall have the power to:
  (a) Propose a resolution or course of action to be considered  by  the
board  of  education  or  superintendent if the state monitor finds that
such resolution or course of action is necessary in order to  carry  out
his  or  her duties required by this act and is necessary for the educa-
tional welfare of the students residing within the district  and/or  the
fiscal stability of the district. If such resolution or course of action
is proposed, the board must vote on the proposed resolution or course of
action within fourteen days of receiving such resolution, or at the next
regularly scheduled board meeting.
  (b)  Override  decisions  by  the board or superintendent if he or she
finds that such override is necessary in order to carry out his  or  her
duties required by this act and is necessary for the educational welfare
of  the  students  attending the district and/or the fiscal stability of
the district.  The state monitor may override a decision by the board or
superintendent by issuing a directive, which must include specific find-
ings as to the necessity of such override.  The  board  may  appeal  the
state monitor's override in accordance with section five of this act.

S. 3821--A                          3                         A. 5355--A

  (c) Access all district documents and records. School district person-
nel  shall  provide any and all documents requested by the state monitor
or his or her designee, and the state monitor shall have access  to  all
electronic  information  systems, databases, and planning documents. The
monitor  shall maintain the security and confidentiality of all informa-
tion protected from disclosure by federal or state law or regulation.
  (d) Direct the board, superintendent,  and/or  other  school  district
officers  to  undergo  any  training as deemed necessary and pursuant to
timelines established by the state monitor.
  (e) Hire staff necessary to assist in carrying out the state monitor's
duties required by this act, subject to a staffing plan approved by  the
commissioner of education.
  (f) Hold public hearings or forums on school district matters as he or
she deems necessary.
  (g)  Conduct  any  relevant  studies, reports, and reviews of district
matters.
  S 4. State monitor duties. The state monitor shall have the  following
duties:
  (a)  Develop  and  implement a five-year strategic academic and fiscal
improvement plan in consultation with the  commissioner  and  the  board
within six months from the date of appointment.
  1.  The  monitor  shall  hold  at  least one public hearing within the
district, prior to the certification of the plan by the  state  monitor,
for  the  purpose of presenting the contents of the improvement plan and
seeking public comment on its contents. The superintendent shall  ensure
that notice for the public hearing or hearings are posted in a manner to
maximize  the  participation  of parents, students, residents and school
personnel.
  2. The plan must establish a set of goals with appropriate  benchmarks
and measurable objectives and identify strategies to address areas where
improvements are needed in school district operations, including but not
limited to its financial stability, academic opportunities and outcomes,
education  of  students with disabilities, education of English language
learners, community relations and board governance practices, and  shall
ensure  district  compliance  with all applicable state and federal laws
and regulations.
  3. The plan shall be publicly available at least fourteen days  before
the  hearing  or  hearings  at which it will be presented and the super-
intendent shall ensure that copies thereof shall be  prepared  and  made
available,  upon  request,  to  residents  within  the  district at each
schoolhouse in the district in which school is maintained during certain
designated hours on each day other than a Saturday,  Sunday  or  holiday
during the seven days immediately preceding such hearing or hearings.
  4. Following the hearing or hearings held pursuant to paragraph one of
this  subdivision, but prior to certification of the improvement plan by
the state monitor, the state monitor shall publicly report to the  board
an  assessment of all public comments concerning the proposed plan and a
description of any changes made to such  plan  as  a  result  of  public
comments  received.  The  certified plan must be submitted to the board,
commissioner, governor, the temporary president of the senate,  and  the
speaker of the assembly.
  (b) Attend all meetings of the board including executive sessions. The
state  monitor, or designee of the monitor, shall be deemed to be a non-
voting member of the board and shall  be  entitled  to  sit  with  board
members  at all meetings of the board and participate in all board hear-
ings and meetings, and the superintendent shall be required  to  provide

S. 3821--A                          4                         A. 5355--A

adequate  notice to the state monitor of all such meetings and hearings.
The state monitor shall ensure to the extent practicable that the  board
conducts  all meetings, including executive sessions, in compliance with
article  seven  of  the  public officers law, and shall be authorized to
seek written advisory opinions from the committee on open government.
  (c) Supervise the  fiscal  and  operational  management  and  academic
programming of the school district, including, but not limited to, over-
sight  over  the development of the annual budget, resource allocations,
contracts, facility management, educational program, and use of district
funds.
  (d) Submit an annual  report  and  quarterly  updates  to  the  board,
commissioner,  governor,  the temporary president of the senate, and the
speaker of the assembly on the progress of the  strategic  academic  and
fiscal  improvement  plan, actions undertaken by the monitor, any finan-
cial information the  monitor  deems  appropriate,  and  other  district
matters  of  importance, including recommendations with respect to state
funding levels,  improvement  of  school  operations,  or  other  policy
suggestions at the discretion of the state monitor. At the conclusion of
the  monitor's  appointment  as determined by section seven of this act,
the state monitor shall issue a final report  that  includes  long  term
recommendations that address the unique needs of the school district.
  S  5.  Appeal process for monitor decisions. Notwithstanding any other
law, rule or regulation to the contrary, all decisions made by the state
monitor,  including  decisions  to  overturn  board  and  superintendent
actions,  shall  be  final  and  conclusive unless and until modified or
reversed in an appeal to the commissioner pursuant to this section. When
the board alleges that a reversal of a board or superintendent  decision
by  the state monitor violates the education law, the rules of the board
of regents, the regulations of the  commissioner,  or  the  terms  of  a
certified  five-year strategic academic and fiscal improvement plan, the
board may appeal by petition to  the  commissioner  in  accordance  with
procedures  established  by  the  commissioner pursuant to section three
hundred eleven of the education law.
  S 6. Regulations. The commissioner shall be authorized  to  promulgate
regulations  and  immediately  take  such  other actions as necessary to
implement the provisions of this act.
  S 7. Appointment period. The appointment of the state monitor shall be
for a period of at least five years from the initial date of  the  state
monitor  appointment. At the expiration of the initial appointment peri-
od, the commissioner, in consultation with the board of  regents,  shall
have the authority to extend the appointment for an additional period of
time in intervals of one to five years, as determined by the commission-
er.  The appointment may be extended, for a term or terms as the commis-
sioner deems necessary consistent with the repeal date of this act.
  S 8. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2025.

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