S T A T E   O F   N E W   Y O R K
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                                  8131

                            I N  S E N A T E

                              June 14, 2016
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.
  (f) "comptroller" shall mean the state comptroller.

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

                                                           LBD15839-03-6

S. 8131                             2

  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.
  (b)  In  order to receive such funds, the school district in consulta-
tion with the monitor or monitors shall develop a  long  term  strategic

S. 8131                             3

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
and  services  for English language learners and students with disabili-
ties, and maintaining class size. The commissioner shall also review the

S. 8131                             4

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.