The New York State Senate

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

                                  7647

                            I N  S E N A T E

                            February 4, 2020
                               ___________

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

AN ACT to amend the education  law,  in  relation  to  establishing  the
  underrepresented   teachers   of   tomorrow  teacher  recruitment  and
  retention program

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

  Section 1. The education law is amended by adding a new section 3612-a
to read as follows:
  §  3612-A.  UNDERREPRESENTED  TEACHERS OF TOMORROW TEACHER RECRUITMENT
AND RETENTION PROGRAM. 1. DEFINITIONS.  A.  THE  TERM  "UNDERREPRESENTED
CERTIFIED TEACHER" MEANS A TEACHER WHO HOLDS A PERMANENT OR PROFESSIONAL
STATE TEACHING CERTIFICATE APPROPRIATE TO THE TEACHING POSITION, INCLUD-
ING  THE  SUBJECT  AREA  IF  APPLICABLE,  IN  WHICH  HE  OR SHE IS TO BE
EMPLOYED, WHO IS FULLY QUALIFIED TO TEACH IN AN  EDUCATION  PROGRAM  AND
PARTICIPATED  IN A SCHOOL DISTRICT/POST-SECONDARY PARTNERSHIP "GROW YOUR
OWN" INITIATIVE, MY BROTHER'S KEEPER, TEACHER OPPORTUNITY CORPS PROGRAM,
HIGHER EDUCATION OPPORTUNITY PROGRAM, EDUCATION OPPORTUNITY PROGRAM,  OR
OTHER SIMILAR PROGRAM.
  B.  THE  TERM  "SCHOOL  DISTRICT"  SHALL  MEAN  A  COMMON, UNION FREE,
CENTRAL, CENTRAL HIGH SCHOOL, OR CITY SCHOOL DISTRICT.
  C. THE TERM "BOARD OF EDUCATION" SHALL MEAN THE GOVERNING BOARD OF ANY
PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT DEFINED IN PARAGRAPH B  OF  THIS
SUBDIVISION.
  D.  THE  TERM  "UNDERREPRESENTED  SCHOOL" SHALL MEAN A SCHOOL BUILDING
WHICH HAS AN UNDERREPRESENTATION OF CERTIFIED TEACHERS WHO  PARTICIPATED
IN  A  SCHOOL DISTRICT/POST-SECONDARY PARTNERSHIP "GROW YOUR OWN" INITI-
ATIVE, MY BROTHER'S KEEPER, TEACHER OPPORTUNITY  CORPS  PROGRAM,  HIGHER
EDUCATION  OPPORTUNITY  PROGRAM, EDUCATION OPPORTUNITY PROGRAM, OR OTHER
SIMILAR PROGRAMS, AS DETERMINED BY THE COMMISSIONER.
  E. THE TERM "YEAR OF SERVICE" SHALL  MEAN  TEN  MONTHS  OF  CONTINUOUS
FULL-TIME SERVICE AS A TEACHER DURING A SCHOOL YEAR, GENERALLY OCCURRING
BETWEEN SEPTEMBER FIRST AND JUNE THIRTIETH.

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

                                                           LBD14070-01-9

S. 7647                             2

  2.  APPLICATION  AND  FUNDING.  A.  GRANTS  SHALL  BE  MADE  TO SCHOOL
DISTRICTS  FOR  UNDERREPRESENTED  CERTIFIED  TEACHER   RECRUITMENT   AND
RETENTION  ACTIVITIES  NECESSARY  TO  INCREASE THE NUMBER OF UNDERREPRE-
SENTED CERTIFIED TEACHERS IN UNDERREPRESENTED SCHOOLS.
  B. SUCH GRANTS SHALL BE AWARDED TO SCHOOL DISTRICTS, WITHIN THE LIMITS
OF FUNDS APPROPRIATED THEREFOR, THROUGH A COMPETITIVE PROCESS THAT TAKES
INTO  CONSIDERATION  THE  MAGNITUDE  OF ANY SHORTAGE OF UNDERREPRESENTED
CERTIFIED TEACHERS IN THE SCHOOL DISTRICT, THE FISCAL  CAPACITY  OF  THE
DISTRICT,  AND  THE NUMBER OF NEW CERTIFIED TEACHERS THE SCHOOL DISTRICT
INTENDS TO HIRE IN THE COMING SCHOOL YEAR. GRANTS PROVIDED  PURSUANT  TO
THIS  SECTION  SHALL  BE  USED  ONLY FOR THE PURPOSES ENUMERATED IN THIS
SECTION.
  C. NOT MORE THAN SIXTY PERCENT OF THE FUNDS ALLOCATED PURSUANT TO THIS
SECTION SHALL BE MADE AVAILABLE TO ANY ONE SCHOOL DISTRICT.
  D. ANY SCHOOL DISTRICT RECEIVING FUNDS UNDER THIS SECTION SHALL  MAIN-
TAIN  ANY  LOCAL EFFORT IN THE CURRENT YEAR EQUIVALENT TO SUCH EFFORT IN
THE BASE YEAR FOR ANY  LOCAL  PROGRAM  RELATED  TO  THE  RECRUITMENT  OR
RETENTION  OF TEACHERS OR ANY PROGRAM THAT HAS PURPOSES THAT ARE SIMILAR
TO ANY PURPOSE OF THIS SECTION OR THE DISTRICT  SHALL  PROVIDE  A  LOCAL
MATCH  TO  STATE  FUNDS  RECEIVED  PURSUANT TO THIS SECTION. STATE FUNDS
PROVIDED PURSUANT TO THIS SECTION SHALL NOT SUPPLANT LOCAL FUNDS FOR ANY
PURPOSE SIMILAR TO THE PURPOSES OF THIS SECTION.
  E. APPLICATIONS BY A SCHOOL DISTRICT  FOR  FUNDING  PURSUANT  TO  THIS
SECTION  SHALL  BE  FILED WITH THE COMMISSIONER, IN A FORM DETERMINED BY
THE COMMISSIONER, BY JUNE FIRST OF THE BASE YEAR  AND  SCHOOL  DISTRICTS
SHALL  BE  NOTIFIED  OF  THEIR GRANT AWARD BY JUNE THIRTIETH OF THE BASE
YEAR, PROVIDED THAT IN ANY YEAR SUCH APPLICATION AND AWARD DATES MAY  BE
MODIFIED  BY  THE  COMMISSIONER FOR THE REASONABLE ADMINISTRATION OF THE
PROGRAM. SUCH APPLICATION SHALL INCLUDE A PLAN BY  THE  SCHOOL  DISTRICT
FOR  THE EXPENDITURE OF THE FUNDS IN EACH CATEGORY OF ALLOWABLE EXPENSES
AUTHORIZED BY SUBDIVISION THREE OF THIS SECTION, AND  SUCH  EXPENDITURES
SHALL BE CONSISTENT WITH SUCH PLAN AND THE PROVISIONS OF THIS SECTION.
  F.  A  PERSON  RECEIVING  AN AWARD PURSUANT TO ANY SUBDIVISION OF THIS
SECTION SHALL NOT BE ELIGIBLE FOR AN AWARD PURSUANT TO ANY OTHER  SUBDI-
VISION OF THIS SECTION IN A SCHOOL YEAR.
  3. UNDERREPRESENTED TEACHERS OF TOMORROW TEACHER RECRUITMENT INCENTIVE
PROGRAM.    UNDERREPRESENTED  TEACHERS  OF  TOMORROW TEACHER RECRUITMENT
INCENTIVE AWARDS MAY BE AVAILABLE TO TEACHERS PURSUANT TO THE PROVISIONS
OF THIS SUBDIVISION TO ATTRACT UNDERREPRESENTED  CERTIFIED  TEACHERS  TO
EMPLOYMENT IN UNDERREPRESENTED SCHOOLS.
  A.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION, AN APPLICANT SHALL:
  (1) BE AN UNDERREPRESENTED CERTIFIED TEACHER;
  (2) AGREE TO A SERVICE OBLIGATION OF ONE YEAR OF SERVICE IN AN  UNDER-
REPRESENTED SCHOOL AS A CONDITION OF RECEIVING AN AWARD PURSUANT TO THIS
SUBDIVISION; AND
  (3)  BE  EMPLOYED  FOR  THE  FIRST  TIME AS A CERTIFIED TEACHER IN THE
SCHOOL DISTRICT.
  B. APPLICATION AND SELECTION. (1) THE BOARD OF EDUCATION SHALL  DETER-
MINE  THE FORM OF THE APPLICATION AND THE APPLICATION PROCESS FOR TEACH-
ERS DEEMED ELIGIBLE FOR THE AWARD, AND SHALL IN  ITS  DISCRETION  SELECT
THE  NUMBER OF ELIGIBLE APPLICANTS WHO WILL RECEIVE AN AWARD PURSUANT TO
THIS SUBDIVISION.
  (2) IF THE NUMBER OF ELIGIBLE APPLICANTS EXCEEDS THE NUMBER OF  AWARDS
DETERMINED  BY  THE  BOARD  PURSUANT TO THIS SUBDIVISION, THEN THE BOARD

S. 7647                             3

SHALL USE AN OBJECTIVE COMPETITIVE PROCESS BASED ON  EDUCATIONAL  QUALI-
FICATIONS TO DETERMINE WHICH ELIGIBLE APPLICANTS SHALL RECEIVE AWARDS.
  C.  PAYMENT  OF  AWARDS.  (1) ANNUAL AWARDS FROM STATE AND LOCAL FUNDS
PROVIDED FOR THIS PURPOSE SHALL BE PAID BY THE BOARD OF EDUCATION TO THE
AWARD RECIPIENT. AWARD RECIPIENTS SHALL BE ENTITLED  TO  RECEIVE  AWARDS
PURSUANT  TO THE PROVISIONS OF THIS SUBDIVISION AND SUCH AWARDS SHALL BE
IN ADDITION TO AND NOT PART OF ANY AWARD RECIPIENT'S BASE SALARY.
  (2) THE INITIAL ANNUAL AWARD SHALL BE TEN THOUSAND DOLLARS,  AND  SUCH
INITIAL  AWARD  MAY  BE  RENEWABLE EACH YEAR, FOR UP TO THREE ADDITIONAL
YEARS, PROVIDED THAT THE RECIPIENT AGREES TO ONE YEAR OF  SERVICE  AS  A
FULL-TIME  CERTIFIED TEACHER IN AN UNDERREPRESENTED SCHOOL FOR EACH YEAR
OF A RENEWED AWARD AND HAS PROVIDED SATISFACTORY SERVICE  IN  ANY  PRIOR
YEAR  IN WHICH AN INITIAL OR RENEWED AWARD WAS GRANTED TO THE RECIPIENT.
NO AWARDS SHALL BE MADE FOR LESS THAN ONE SCHOOL YEAR OF SERVICE AND THE
SUM OF ANY INITIAL AND RENEWED AWARDS SHALL NOT  EXCEED  FORTY  THOUSAND
DOLLARS.
  AWARDS  MADE  PURSUANT  TO THIS SUBDIVISION SHALL BE USED TO REIMBURSE
ANY EDUCATIONAL COSTS, INCLUDING THOSE FOR WHICH STUDENT LOANS MAY  HAVE
BEEN  TAKEN, INCURRED BY THE RECIPIENT PRIOR TO RECEIPT OF THE AWARD FOR
CERTIFICATION AS A TEACHER IN THE PUBLIC SCHOOLS OF THE STATE.
  (3) THE BOARD OF EDUCATION SHALL DEVELOP AND  SECURE  FROM  THE  AWARD
RECIPIENT  A  WRITTEN  AGREEMENT  OUTLINING THE SERVICE OBLIGATION. SUCH
AGREEMENT SHALL INCLUDE PROVISIONS FOR THE RECIPIENT TO REPAY THE AMOUNT
OF THE AWARD TO THE SCHOOL DISTRICT IF THE RECIPIENT FAILS  TO  COMPLETE
HIS  OR  HER  SERVICE OBLIGATION IN ANY YEAR WHERE AN INITIAL OR RENEWED
AWARD IS GRANTED, AND SUCH REPAID AMOUNTS SHALL  BE  DEDUCTED  FROM  ANY
GRANT  AMOUNTS  DUE  TO  THE  DISTRICT  FROM  THE STATE PURSUANT TO THIS
SECTION. UPON A WRITTEN APPEAL BY  AN  AWARD  RECIPIENT,  THE  BOARD  OF
EDUCATION,  IN  ITS  DISCRETION,  MAY  PROVIDE  A  WAIVER  OF  REPAYMENT
PROVISIONS FOR AN AWARD RECIPIENT WHO  FAILS  TO  COMPLETE  HIS  OR  HER
SERVICE  REQUIREMENT  FOR  DOCUMENTED  REASONS OF HEALTH OR OTHER SEVERE
HARDSHIP, AS DETERMINED BY THE COMMISSIONER.
  D. NOTIFICATION. THE BOARD OF EDUCATION SHALL NOTIFY  BOTH  SUCCESSFUL
AND  UNSUCCESSFUL  APPLICANTS  BY SEPTEMBER FIRST OF ANY SCHOOL YEAR FOR
WHICH AN INITIAL OR RENEWED AWARD IS PROVIDED TO  TEACHERS  PURSUANT  TO
THIS SUBDIVISION.
  4.  REPORTING.  BY  NOVEMBER  FIRST  FOLLOWING  THE COMPLETION OF EACH
SCHOOL YEAR, THE COMMISSIONER SHALL  REPORT  TO  THE  GOVERNOR  AND  THE
LEGISLATURE  REGARDING THE UNDERREPRESENTED TEACHERS OF TOMORROW TEACHER
RECRUITMENT AND RETENTION PROGRAM. SUCH REPORT SHALL LIST THE AMOUNT  OF
EACH SCHOOL DISTRICT'S TOTAL GRANT PURSUANT TO THIS SECTION, THE USES OF
THE  GRANT,  AND  THE  NUMBER OF AWARDS GRANTED BY TYPE PURSUANT TO THIS
SECTION, AS WELL AS AN ANALYSIS OF THE EFFECTIVENESS OF THE  PROGRAM  IN
RECRUITING  AND  RETAINING UNDERREPRESENTED CERTIFIED TEACHERS IN UNDER-
REPRESENTED SCHOOLS OF THE STATE.
  § 2. This act shall take effect immediately.