S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6559                                                  A. 8403
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               June 16, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Rules
 
 IN ASSEMBLY -- Introduced by M. of A. RAYNOR -- read once  and  referred
   to the Committee on Education
 
 AN  ACT  authorizing the commissioner of education and the chancellor of
   the board of regents, with the approval of the board  of  regents,  to
   appoint  monitors to oversee the Hempstead union free school district;
   and providing for the repeal of such provisions upon expiration there-
   of
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Definitions. As used in this act:
   (a) "commissioner" shall mean the commissioner of education;
   (b) "department" shall mean the state education department;
   (c)  "board of education" or "board" shall mean the board of education
 of the Hempstead union free school district;
   (d) "school district" or "district" shall  mean  the  Hempstead  union
 free school district;
   (e)  "superintendent"  shall  mean the superintendent of the Hempstead
 union free school district;
   (f) "comptroller" shall mean the state comptroller; and
   (g) "relatives" shall mean a  Hempstead  union  free  school  district
 board  member's  spouse, domestic partner, child, stepchild, stepparent,
 or any person who is a direct descendant  of  the  grandparents  of  the
 current  board  member or of the board member's spouse or domestic part-
 ner.
   § 2. Appointment of a panel of monitors. (a) A panel of three monitors
 shall be appointed pursuant to this section for the purpose of providing
 oversight of the school district. The commissioner, with the approval of
 the board of regents, shall appoint two monitors to  provide  oversight,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13389-04-9

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 guidance  and  technical assistance related to the educational policies,
 practices, programs and decisions of the school district, the  board  of
 education  and  the  superintendent.  The  comptroller shall appoint one
 monitor  to  provide  oversight,  guidance  and  technical assistance on
 fiscal  policies,  practices,  programs  and  decisions  of  the  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, employ-
 ees of the school district or relatives of board members of  the  school
 district  at the time of their appointment. The monitor appointed by the
 comptroller shall have experience in the school district  finances.  The
 monitors appointed by the commissioner, to the extent practicable, shall
 have experience in more than one of the following areas:
   (i) elementary and secondary education;
   (ii) the operation of school districts in New York;
   (iii) educating students with disabilities; and
   (iv) educating English language learners.
   (c)  The cost of the monitors shall be borne by the state and not be a
 charge against the school district.  Monitors shall be paid a salary  as
 well  as  actual  and  necessary  expenses  and  travel related to their
 duties.
   § 3. Meetings. (a) The monitors shall be entitled to attend all  meet-
 ings  of the board, including executive sessions; provided however, such
 monitors shall not be considered for purposes of establishing  a  quorum
 of  the  board. The school district shall fully cooperate with the moni-
 tors including but not limited to providing such monitors with access to
 any necessary documents and records of the district including access  to
 electronic   information  systems,  databases  and  planning  documents,
 consistent with all applicable state and federal statutes including  but
 not  limited  to  Family  Educational Rights and Privacy Act (FERPA) (20
 U.S.C. §1232g) and section 2-d of the education law.
   (b) The board, in  consultation  with  the  monitors,  shall  adopt  a
 conflict  of  interest policy that complies with all existing applicable
 laws and regulations that ensures its board members  and  administration
 act  in the   school district's best interest and comply with applicable
 legal requirements.  The conflict of interest policy shall  include  but
 not be limited to:
   (i)  a  definition  of the circumstances that constitute a conflict of
 interest;
   (ii) procedures for disclosing a conflict of interest to the board;
   (iii) a requirement that the person with the conflict of interest  not
 be  present  at  or  participate  in board deliberations or votes on the
 matter giving rise to such  conflict,  provided  that  nothing  in  this
 subdivision  shall  prohibit  the  board from requesting that the person
 with the conflict of  interest  present  information  as  background  or
 answer  questions at a board meeting prior to the commencement of delib-
 erations or voting relating thereto;
   (iv) a prohibition against any attempt by the person with the conflict
 to influence improperly the deliberation or voting on the matter  giving
 rise to such conflict; and
   (v) a requirement that the existence and resolution of the conflict be
 documented in the board's records, including in the minutes of any meet-
 ing at which the conflict was discussed or voted upon.
   §  4.  Academic  improvement  and  financial plans.   (a) The academic
 improvement plan and the  financial  plan  shall  be  developed  by  the
 district  in  accordance  with  the  shared decision making committee as

 S. 6559                             3                            A. 8403
 
 defined in Part 100.11 of the commissioner's regulations and approved by
 the monitors. The academic improvement plan shall contain  a  series  of
 programmatic  recommendations  designed  to improve academic performance
 over the period of the plan in those academic areas that the commission-
 er and board of regents deem to be in need of improvement. Such plan may
 include  potential  expenditure  initiatives  but  all such expenditures
 shall be incorporated within the financial plan  as  specified  by  this
 act.
   (b)  The financial plan shall ensure with respect to the major operat-
 ing funds for each school year that annual aggregate operating  expenses
 shall not exceed annual aggregate operating revenues. The financial plan
 and  each financial plan modification shall provide that the major oper-
 ating funds of the district be balanced  in  accordance  with  generally
 accepted  accounting principles. The financial plan shall include state-
 ments of all estimated revenues, expenditures, and cash flow projections
 of the district.
   (c) No later than November first, two thousand nineteen, the  district
 shall  submit  to  the  monitors  both the academic improvement plan and
 financial plan for their review and approval. Such plans shall cover the
 district's two thousand nineteen--two thousand twenty  school  year  and
 the  four  subsequent  school  years.    Prior to adopting the plans and
 submitting the plans to the monitors for review and approval, the  board
 of  education  shall  conduct a public hearing on the plans and consider
 the input of the community. The proposed plans shall be made  public  on
 the  district's  website at least three business days before such public
 hearing. No later than fifteen days    after  submission,  the  monitors
 shall  approve  or  veto the plans. In the event the monitors disapprove
 either plan, the monitors shall provide the board of  education  written
 notice  of  its  reasons  for  disapproval. Within fifteen days from the
 receipt of such notice, the board of education shall amend the  proposed
 plans  consistent  with the monitors' recommendations and resubmit it to
 the monitors.  If the monitors do not approve of such amended plan,  the
 monitors shall impose a plan of their own formulation.
   §  5.  Fiscal  and  operational  oversight. (a) The board of education
 shall annually submit the school district's proposed budget for the next
 succeeding school year to the monitors no later than 45 days before  the
 date  scheduled  for  the  school district's budget vote.   The monitors
 shall review the proposed budget to ensure that it  is  balanced  within
 the  context of revenue and expenditure estimates and mandated programs.
 The monitors shall also review the proposed budget to ensure that it, to
 the greatest extent possible, is consistent with the  district  academic
 improvement  plan  and  financial plan developed and adopted pursuant to
 this act. The monitors shall present their  findings  to  the  board  of
 education  no  later  than  30  days prior to the date scheduled for the
 school district's budget  vote.    The  board  of  education,  with  the
 approval  of  the monitors, shall make amendments to the proposed budget
 consistent with any recommendations made by  the  monitors.  The  school
 district  shall  make  available  on the district's website: the initial
 proposed budget, the monitors' findings, and the final  proposed  budget
 prior  to  the date of the school district's budget vote. Nothing herein
 shall be construed to abrogate the duties and  responsibilities  of  the
 school district consistent with applicable state law and regulations.
   (b) The district shall provide quarterly reports to the panel of moni-
 tors, and annual reports to the commissioner, board of regents and comp-
 troller  on the fiscal and operational status of the school district. In
 addition, the monitors shall provide an annual report to the commission-

 S. 6559                             4                            A. 8403
 
 er, board of regents, and comptroller on all contracts that the district
 entered into throughout the year.
   (c)  The  comptroller shall annually conduct a general fiscal audit of
 the school district, and  the  school  district  shall  post  the  comp-
 troller's audit and the board's response on the district's website.
   (d) The monitors shall have the authority to approve or disapprove the
 appointment of a current or future superintendent by the board of educa-
 tion.
   (e) The monitors shall have the authority to approve or deny all trav-
 el outside the district paid for by the district.
   (f) The monitors shall have authority to approve or deny all contracts
 and  expenditures  of  the  district,  except  for collective bargaining
 agreements negotiated in accordance with article 14 of the civil service
 law.
   (g) The monitors shall arbitrate any conflicts between the superinten-
 dent and the board of education and among the members of  the  board  of
 education.
   §  6.  This  act shall take effect immediately and shall expire and be
 deemed repealed on and after June 30, 2024.