Senate Bill S5974A

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

                                 5974--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 14, 2015
                               ___________

Introduced  by Sens. CARLUCCI, AVELLA, SAVINO, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT relating to fiscal and operational oversight of the  East  Ramapo
  central  school  district;  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.  Short  title. This act shall be known and may be cited as
the "East Ramapo central school district oversight act."
  S 2. Definitions. For 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) "School district" or "district" shall mean the East Ramapo central
school district.
  (d) "Comptroller" shall mean the New York state comptroller, or his or
her designee.
  (e) "Commissioner" shall mean the commissioner of education.
  (f) "State monitor" or  "monitor"  shall  mean  the  person  appointed
pursuant to section three of this act, or an interim person appointed to
such position.
  S  3. (a) The governor shall appoint a state monitor within sixty days
following the effective date of this act to  provide  oversight  of  the
educational  and  fiscal  policies, practices, programs and decisions of
the East Ramapo central school district, the board of education and  the
superintendent.  At the request of the monitor, the commissioner and the
comptroller shall   provide  the  monitor  with  technical  support  and
assistance for the purposes of carrying out his or her duties under this
act. The term of the state monitor shall expire on June 30, 2018.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11673-13-5
              

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  (b)  The state monitor shall be a non-voting, ex-officio member of the
school board. The monitor shall be  someone  who  is  from  outside  the
school district and to the extent possible, shall have experience in one
or 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.
  (c)  Such  monitor  shall  be  entitled  to attend all meetings of the
board, including executive sessions;  providing  however,  such  monitor
shall  not  be  considered  for purposes of establishing a quorum of the
board.   Provided further that  such  monitor's  presence  at  executive
sessions  shall  not negate any privileges existing during such session.
The state monitor shall have  access  to  any  necessary  documents  and
records  including  access  to electronic information systems, databases
and planning documents.
  S 4. State monitor powers. The state monitor shall have the power to:
  (a) File a written objection to a decision or  act  by  the  board  or
superintendent  if  the monitor finds that such decision is in violation
of any state or federal law.  The  state  monitor  may  file  a  written
objection  to  a  decision  with  the board prior to or up to seven days
following such decision. The objection must include specific findings as
to the necessity of such objection. If the monitor determines  that  the
board or superintendent has not adequately addressed the concerns raised
in  the  written objection, then he or she may appeal by petition to the
commissioner no later than  thirty  days  following  the  filing  of  an
objection.  The appeal shall be considered by an impartial hearing offi-
cer and shall follow procedures pursuant to article three of  the  state
administrative  procedures  act.  Upon the monitor's appeal, the monitor
may submit an application to the hearing officer requesting  a  stay  of
board  action and must include in such application the facts and the law
upon which such stay should  be  granted.  No  later  than  thirty  days
following  the  commencement  of  the hearing, the hearing officer shall
issue a finding on whether the board's decision violates state or feder-
al law, rule or regulation and  shall  modify,  reverse  or  affirm  the
board's decision.
  (b) Hold public hearings or forums on school district matters as he or
she deems necessary.
  (c)  Conduct  any  relevant  studies, reports and reviews of any state
laws or rules and  regulations  as  they  relate  to  district  matters,
including state and local education funding.
  S  5. State monitor duties. The state monitor shall have the following
duties:
  (a) The monitor in partnership with the board shall develop a  strate-
gic  academic  and fiscal improvement plan within one year from the date
of appointment.
  (i) Such plan shall be submitted and include  recommendations  to  the
governor, state education department and the state legislature.
  (ii)  The  plan shall establish a set of goals with appropriate bench-
marks 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,  educa-
tion  of students with disabilities, education of English language lear-
ners, community relations and  board  governance  practices,  and  shall

S. 5974--A                          3

ensure district compliance with all applicable state and federal law and
regulations.
  (iii)  The  plan shall address long term solutions designed to protect
and promote the rights and interest of all students residing within  the
district  and,  provided further, shall consider all of the demographics
of the district and the distribution of state aid to the district.
  (b) Submit an annual report and quarterly updates to  the  board,  the
commissioner,  the comptroller, the governor, the temporary president of
the senate and the speaker of the assembly on the progress of the  stra-
tegic  academic  and fiscal improvement plans, actions undertaken by the
monitor, any financial information the monitor  deems  appropriate,  and
other  district  matters  of  importance  including recommendations with
respect to state funding levels, improvement of school operations.
  (c) Review the fiscal and operational management and academic program-
ming of the school district, including but not limited to, the  develop-
ment  of  the  annual  budget, resource allocations, contracts, facility
management, education program, and use of district funds.
  S 6. Fiscal and oversight by the state comptroller.  During the effec-
tive period of this act, the comptroller  shall,  in  his  or  her  sole
discretion undertake an enhanced review and oversight role as follows:
  (a) (i) The board of education shall at the request of the comptroller
annually  submit  the  school  district's  proposed  budget for the next
succeeding school year to the comptroller  no  later  than  thirty  days
before  the  date  scheduled  for  the school district's budget vote. If
submitted, the comptroller shall examine the proposed budget  to  ensure
that  the  fiscal and operational needs of the school district are being
met including, but not limited to,  that  sufficient  funding  is  being
allocated  to  students  attending  the  school  district  and for those
students attending private schools. In  addition,  the  comptroller  may
consult  with  the  commissioner  of education in reviewing prior years'
approved budget plans to ensure the proposed  budget  plan  is,  to  the
greatest extent possible, seeking to improve course offerings and extra-
curricular  activities  within  the school district and, to the greatest
extent possible, is seeking to maintain and/or increase  the  number  of
teaching and administrative positions within the district.
  (ii)  The  comptroller  may present his or her findings of the board's
proposed budget no later than ten days prior to  the  school  district's
budget  vote.  The  board of education shall make a good faith effort to
amend the proposed budget to conform with the comptroller's findings  no
later  than  five days prior to the date of the school district's budget
vote. The  school  district  shall  make  available  on  the  district's
website:  the  initial  proposed budget, the comptroller's findings, and
the final proposed budget prior to the date  of  the  school  district's
budget vote.
  (b)  At least quarterly, the district shall provide to the comptroller
reports on the fiscal and operational status of the school  district  to
ensure compliance with paragraph (a) of this section. In addition to any
other  audits conducted by the comptroller, if the comptroller finds any
deficiencies in the district's quarterly reports,  the  comptroller  may
require  the  district  to  engage in a fiscal corrective action plan as
determined by the comptroller.
  (c) At least annually, the comptroller shall report to  the  governor,
the  speaker of the assembly, the temporary president of the senate, the
chairs of the senate and assembly education committees, and the  commis-
sioner  of  education  as  to  the  fiscal and operational status of the

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school district, if  additional  fiscal  and  operational  oversight  is
undertaken by the comptroller in accordance with this section.
  (d)  Any  state or federal funding received by the district may at the
discretion of the comptroller be reviewed annually by the comptroller to
ensure it is being used for its allotted purposes; provided further that
any expenditure of funds by the school district may at the discretion of
the comptroller be subject to certification by the comptroller to ensure
compliance with applicable provisions of the state finance and education
laws.
  S 7. The comptroller and commissioner of education may add, repeal  or
amend  any rule or regulation necessary for the timely implementation of
this act on its effective date.
  S 8. Academic improvement program.  The  East  Ramapo  central  school
district  shall  be eligible to receive an academic improvement grant of
five million dollars for the 2015-2016 school year and each year  there-
after  subject  to  the  provisions  of  this paragraph. The East Ramapo
central school district shall submit an academic improvement  plan  that
includes  but  is  not  limited  to  the  addition  of advance placement
programs, academic intervention programs, full day  kindergarten,  after
school  programming  and  other  education  programs. Such plan shall be
submitted to the commissioner of education by August 1,  2015  and  each
year  thereafter.  The  commissioner  shall  approve  or  disapprove the
academic improvement program for the East Ramapo central school district
by August 15, 2015 and each year thereafter. If such plan is disapproved
by the commissioner the commissioner shall allow the East Ramapo central
school district fifteen days  to  resubmit  their  academic  improvement
program  plan at which time the commissioner shall approve the resubmit-
ted plan or define the academic improvement plan for the school district
which shall be implemented by the school district.
  S 9. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2018.