S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9079--A
 
                           I N  A S S E M B L Y
 
                             January 16, 2020
                                ___________
 
 Introduced  by M. of A. DARLING -- read once and referred to the Commit-
   tee on  Education  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to repeal a chapter of the laws of 2019, authorizing the commis-
   sioner 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 as  proposed  in  legislative
   bills  numbers  S.6559  and  A.8403;  authorizing  the commissioner of
   education to appoint a monitor to oversee  the  Hempstead  union  free
   school  district  and establishing the powers and duties of such moni-
   tor; and providing for the repeal of certain provisions  upon  expira-
   tion thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. A chapter of the laws of 2019, 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 as proposed  in  legislative  bills
 numbers S.6559 and A.8403, is REPEALED.
   § 2. 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; and
   (f) "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  a
 current board member or a board member's spouse or domestic partner.
   §  3.  Appointment  of  a  monitor. The commissioner shall appoint one
 monitor to provide oversight, guidance and technical assistance  related
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13389-09-0

 A. 9079--A                          2
 
 to  the  educational  and fiscal policies, practices, programs and deci-
 sions of the school district, the board of education and the superinten-
 dent.
   1.  The  monitor,  to the extent practicable, shall have experience in
 school district finances and one or more of the following areas:
   (a) elementary and secondary education;
   (b) the operation of school districts in New York;
   (c) educating students with disabilities; and
   (d) educating English language learners.
   2. The monitor shall be a non-voting ex-officio member of the board of
 education. The monitor shall be an individual who  is  not  a  resident,
 employee  of  the  school  district or relative of a board member of the
 school district at the time of his or her appointment.
   3. The reasonable and necessary expenses incurred by the monitor while
 performing his or her official  duties  shall  be  paid  by  the  school
 district.  Notwithstanding any other provision of law, the monitor shall
 be entitled to defense and indemnification by the school district to the
 same extent as a school district employee.
   § 4. Meetings. 1. The monitor shall be entitled to attend all meetings
 of the board, including executive sessions; provided however, such moni-
 tor shall not be considered for purposes of establishing a quorum of the
 board. The school  district  shall  fully  cooperate  with  the  monitor
 including, but not limited to, providing such monitor 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  Education  Rights and Privacy Act (FERPA) (20
 U.S.C. §1232g) and section 2-d of the education law.
   2. The board, in consultation with the monitor, shall adopt a conflict
 of interest policy that complies  with  all  existing  applicable  laws,
 rules  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:
   (a) a definition of the circumstances that constitute  a  conflict  of
 interest;
   (b) procedures for disclosing a conflict of interest to the board;
   (c) 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  ques-
 tions  at  a board meeting prior to the commencement of deliberations or
 voting relating thereto;
   (d) 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
   (e) 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.
   § 5. Public hearings. 1. The monitor shall schedule three public hear-
 ings to be held within sixty days of his or her appointment, which shall
 allow public comment from the district's residents,  students,  parents,
 employees, board members and administration.
   (a)  The first hearing shall take public comment on existing statutory
 and regulatory authority of the commissioner,  the  department  and  the

 A. 9079--A                          3
 
 board  of  regents regarding school district governance and intervention
 under applicable state law and regulations, including  but  not  limited
 to, sections 306, 211-c, and 211-f of the education law.
   (b)  The  second  hearing  shall  take  public comment on the academic
 performance of the district.
   (c) The third hearing shall take public comment on the fiscal perform-
 ance of the district.
   2. The board of education and the monitor shall consider these  public
 comments  when  developing  the  financial plan and academic improvement
 plan under this act.
   § 6. Financial plan. 1. No later than  November  first,  two  thousand
 twenty,  the board of education and the monitor shall develop a proposed
 financial plan for the  two  thousand  twenty--two  thousand  twenty-one
 school  year  and  the four subsequent school years.  The financial plan
 shall ensure that annual aggregate operating expenses shall  not  exceed
 annual  aggregate  operating  revenues for such school year and that the
 major operating funds of the district be  balanced  in  accordance  with
 generally  accepted  accounting  principles.  The  financial  plan shall
 include statements of all estimated  revenues,  expenditures,  and  cash
 flow projections of the district.
   2. If the board of education and the monitor agree on all the elements
 of  the  proposed financial plan, the board of education shall conduct a
 public hearing on the plan and consider the input of the community.  The
 proposed  financial  plan shall be made public on the district's website
 at least three business  days  before  such  public  hearing.  Once  the
 proposed  financial  plan  has  been approved by the board of education,
 such plan shall be submitted by the  monitor  to  the  commissioner  for
 approval and shall be deemed approved for the purposes of this act.
   3.  If  the board of education and the monitor do not agree on all the
 elements of the proposed financial plan, the board  of  education  shall
 conduct  a public hearing on the proposed plan that details the elements
 of disagreement between the monitor and the board, including  documented
 justification  for  such disagreements and any requested amendments from
 the monitor.  The proposed financial plan, elements of disagreement, and
 requested amendments shall be made public on the district's  website  at
 least  three business days before such public hearing. After considering
 the input of the community, the board may alter the  proposed  financial
 plan  and the monitor may alter his or her requested amendments, and the
 monitor shall submit the proposed financial plan, his or her  amendments
 to  the  plan,  and documentation providing justification for such disa-
 greements and amendments to the  commissioner  no  later  than  December
 first,  two  thousand twenty. By January fifteenth, two thousand twenty-
 one, the commissioner shall approve the proposed plan with  any  of  the
 monitor's  proposed  amendments,  or make other modifications, he or she
 deems appropriate.  The board of education shall provide the commission-
 er with any information he or she requests to approve such  plan  within
 three  business  days  of such request. Upon the approval of the commis-
 sioner, the financial plan shall be deemed approved for purposes of this
 act.
   § 7. Academic improvement plan. 1. No later than November  first,  two
 thousand twenty, the board of education and the monitor shall develop an
 academic  improvement  plan  for the district's two thousand twenty--two
 thousand twenty-one school year and the four  subsequent  school  years.
 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 commissioner deems to be in

 A. 9079--A                          4
 
 need of  improvement  which  shall  include  addressing  the  provisions
 contained in any action plan set forth by the department.
   2. If the board of education and the monitor agree on all the elements
 of  the proposed academic improvement plan, the board of education shall
 conduct a public hearing on the plan  and  consider  the  input  of  the
 community.  The  proposed academic improvement plan shall be made public
 on the district's website at  least  three  business  days  before  such
 public  hearing.  Once  the  proposed academic improvement plan has been
 approved by the board of education, such plan shall be submitted by  the
 monitor  to  the  commissioner for approval and shall be deemed approved
 for the purposes of this act.
   3. If the board of education and the monitor do not agree on  all  the
 elements  of the proposed academic improvement plan, the board of educa-
 tion shall conduct a public hearing on the proposed  plan  that  details
 the  elements of disagreement between the monitor and the board, includ-
 ing documented justification for such disagreements  and  any  requested
 amendments  from  the monitor.   The proposed academic improvement plan,
 elements of disagreement, and requested amendments shall be made  public
 on  the  district's  website  at  least  three business days before such
 public hearing.  After considering the input of the community, the board
 may alter the proposed academic improvement plan  and  the  monitor  may
 alter  his or her requested amendments, and the monitor shall submit the
 proposed academic improvement plan, his or her amendments to  the  plan,
 and  documentation  providing  justification  for such disagreements and
 amendments to the commissioner no later than December first,  two  thou-
 sand  twenty. By January fifteenth, two thousand twenty-one, the commis-
 sioner shall approve  the  proposed  plan  with  any  of  the  monitor's
 proposed amendments, or make other modifications, he or she deems appro-
 priate.  The  board of education shall provide the commissioner with any
 information he or she requests to approve such plan within  three  busi-
 ness  days  of  such request. Upon the approval of the commissioner, the
 academic improvement plan shall be deemed approved for purposes of  this
 act.
   § 8. Fiscal and operational oversight. 1. The board of education shall
 annually  submit  the  school  district's  proposed  budget for the next
 succeeding school year to the monitor no later than March first prior to
 the school district's annual budget vote. The monitor shall  review  the
 proposed  budget  to  ensure  that  it is balanced within the context of
 revenue and expenditure estimates and  mandated  programs.  The  monitor
 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 approved pursuant to this act. The
 monitor shall present his or her findings to the board of education  and
 the  commissioner no later than forty-five days prior to the date sched-
 uled for the school district's  annual  budget  vote.  The  commissioner
 shall  require the board of education to make amendments to the proposed
 budget consistent with any recommendations made by the  monitor  if  the
 commissioner determines such amendments are necessary to comply with the
 financial  plan and academic improvement plan under this act. The school
 district shall make available on the  district's  website:  the  initial
 proposed  budget,  the monitor's findings, and the final proposed budget
 at least seven days prior to the date of the  school  district's  budget
 hearing.  In  the event of a revote, the board of education, in conjunc-
 tion with the monitor, shall develop and submit  the  school  district's
 proposed  budget for the next succeeding school year to the commissioner
 no later than seven days prior to  the  budget  hearing.  The  board  of

 A. 9079--A                          5
 
 education  shall provide the commissioner with any information he or she
 requests in order to make a determination pursuant to  this  subdivision
 within three business days of such request.
   2.  The  district  shall  provide quarterly reports to the monitor and
 annual reports to the commissioner and board of regents on the academic,
 fiscal, and operational status of the school district. In addition,  the
 monitor  shall provide semi-annual reports to the commissioner, board of
 regents, the governor, the temporary president of the  senate,  and  the
 speaker  of the assembly on the academic, fiscal, and operational status
 of the school district. Such semi-annual report shall  include  all  the
 contracts that the district entered into throughout the year.
   3.  The  monitor shall have the authority to disapprove travel outside
 the state paid for by the district.
   4. The monitor shall work with the district's  shared  decision-making
 committee  as  defined  in  8  NYCRR  100.11  in developing the academic
 improvement plan, financial  plan,  district  goals,  implementation  of
 district priorities and budgetary recommendations.
   5.  The  monitor shall assist in resolving any disputes and conflicts,
 including but not limited to, those between the superintendent  and  the
 board of education and among the members of the board of education.
   6.  The monitor may recommend, and the board shall consider by vote of
 a resolution at the next scheduled meeting of  the  board,  cost  saving
 measures including, but not limited to, shared service agreements.
   § 9. The commissioner may overrule any decision of the monitor, except
 for collective bargaining agreements negotiated in accordance with arti-
 cle  14  of the civil service law, if he or she deems that such decision
 is not aligned with the financial plan, academic  improvement  plan,  or
 the school district's budget.
   § 10. The monitor may notify the commissioner and the board in writing
 when  he or she deems the district is violating an element of the finan-
 cial plan or academic improvement plan in this act. Within twenty  days,
 the commissioner shall determine whether the district is in violation of
 any  of  the  elements of the plans highlighted by the monitor and shall
 order the district to comply immediately with the plans and  remedy  any
 such violation. The school district shall suspend all actions related to
 the  potential  violation  of the financial plan or academic improvement
 plan until the commissioner issues a determination.
   § 11. Nothing in this act shall be construed to  abrogate  the  duties
 and  responsibilities  of the school district consistent with applicable
 state law and regulations.
   § 12. This act  shall  take  effect  immediately;  provided,  however,
 section  one of this act shall take effect on the same date as a chapter
 of the laws of 2019, 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,  as  proposed  in legislative bills numbers S.6559 and A.8403,
 takes effect; and provided further, however sections two,  three,  four,
 five,  six,  seven, eight, nine, ten and eleven of this act shall expire
 and be deemed repealed June 30, 2025.