S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5433
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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
   bilingual  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 3615
 to read as follows:
   §  3615.  BILINGUAL  TEACHERS  OF  TOMORROW  TEACHER  RECRUITMENT  AND
 RETENTION PROGRAM. 1. DEFINITIONS. A. THE TERM "BILINGUAL TEACHER SHORT-
 AGE  AREA"  MEANS  A  PUBLIC SCHOOL OR SUBJECT AREA IN WHICH THERE WAS A
 SHORTAGE OF BILINGUAL, CERTIFIED TEACHERS IN THE  PREVIOUS  SCHOOL  YEAR
 AND  THERE  IS A PROJECTED SHORTAGE IN THE CURRENT SCHOOL YEAR AS DETER-
 MINED BY THE COMMISSIONER.
   B. THE TERM "BILINGUAL, CERTIFIED TEACHER" MEANS A TEACHER WHO HOLDS A
 PERMANENT OR PROFESSIONAL STATE TEACHING CERTIFICATE APPROPRIATE TO  THE
 TEACHING POSITION, INCLUDING THE SUBJECT AREA IF APPLICABLE, IN WHICH HE
 OR SHE IS TO BE EMPLOYED AND WHO IS FULLY QUALIFIED TO TEACH IN A BILIN-
 GUAL EDUCATION PROGRAM.
   C.  THE  TERM  "SCHOOL  DISTRICT"  SHALL  MEAN  A  COMMON, UNION FREE,
 CENTRAL, CENTRAL HIGH SCHOOL, OR CITY SCHOOL DISTRICT.
   D. THE TERM "BOARD OF EDUCATION" SHALL MEAN THE GOVERNING BOARD OF ANY
 PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT DEFINED IN PARAGRAPH C  OF  THIS
 SUBDIVISION.
   E. THE TERM "LOW-PERFORMING, LIMITED ENGLISH PROFICIENCY SCHOOL" SHALL
 MEAN  A  SCHOOL  BUILDING WHICH IS UNDER REGISTRATION REVIEW OR A SCHOOL
 BUILDING PERFORMING SIGNIFICANTLY BELOW STATE STANDARDS  AS  DEFINED  BY
 THE  COMMISSIONER  AND  WHICH  HAS  A  SUBSTANTIAL PROPORTION OF LIMITED
 ENGLISH PROFICIENCY PUPILS, AS DETERMINED BY THE COMMISSIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09361-01-1
              

 S. 5433                             2
 
   F. 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.
   2.  APPLICATION  AND  FUNDING.  A.  GRANTS  SHALL  BE  MADE  TO SCHOOL
 DISTRICTS FOR BILINGUAL, CERTIFIED  TEACHER  RECRUITMENT  AND  RETENTION
 ACTIVITIES  NECESSARY  TO  INCREASE  THE  SUPPLY OF BILINGUAL, CERTIFIED
 TEACHERS IN SCHOOL DISTRICTS EXPERIENCING A BILINGUAL, CERTIFIED TEACHER
 SHORTAGE IN ACCORDANCE WITH SUBDIVISION THREE OF  THIS  SECTION  AND  IN
 SCHOOL DISTRICTS CONTAINING A LOW-PERFORMING, LIMITED ENGLISH PROFICIEN-
 CY SCHOOL.
   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 BILINGUAL, CERTIFIED
 TEACHERS  IN  THE  SCHOOL  DISTRICT,  THE FISCAL CAPACITY AND GEOGRAPHIC
 SPARSITY OF THE DISTRICT, AND THE NUMBER  OF  NEW  BILINGUAL,  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 AND PROVIDED
 FURTHER THAT A CITY SCHOOL DISTRICT IN A CITY WITH POPULATIONS IN EXCESS
 OF ONE MILLION INHABITANTS MAY, NOTWITHSTANDING ANY OTHER  PROVISION  OF
 THIS  SECTION, ALLOCATE A PORTION OF THE GRANT RECEIVED PURSUANT TO THIS
 SECTION FOR BILINGUAL, CERTIFIED TEACHER RECRUITMENT AND OUTREACH ACTIV-
 ITIES PROVIDED THAT ANY  ALLOCATION  FOR  BILINGUAL,  CERTIFIED  TEACHER
 RECRUITMENT  AND  OUTREACH ACTIVITIES SHALL NOT EXCEED TWO HUNDRED TWEN-
 TY-FIVE THOUSAND DOLLARS.
   D. IN ALLOCATING GRANTS PURSUANT TO THIS SECTION,  A  SCHOOL  DISTRICT
 SHALL GIVE PRIORITY IN THE FOLLOWING ORDER:
   (1) FIRST, TO A SCHOOL UNDER REGISTRATION REVIEW THAT IS DESIGNATED AS
 A BILINGUAL TEACHER SHORTAGE AREA;
   (2) SECOND, TO ANY LOW-PERFORMING, LIMITED ENGLISH PROFICIENCY SCHOOL;
 AND
   (3)  THIRD,  TO  ANY  SCHOOL THAT IS DESIGNATED AS A BILINGUAL TEACHER
 SHORTAGE AREA.
   E. 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.
   F. 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.
   G.  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.

 S. 5433                             3
 
   3.  BILINGUAL  TEACHERS  OF  TOMORROW  TEACHER  RECRUITMENT  INCENTIVE
 PROGRAM.  BILINGUAL TEACHERS OF TOMORROW TEACHER  RECRUITMENT  INCENTIVE
 AWARDS  MAY  BE AVAILABLE TO TEACHERS PURSUANT TO THE PROVISIONS OF THIS
 SUBDIVISION TO ATTRACT TEACHERS TO EMPLOYMENT IN BILINGUAL TEACHER SHOR-
 TAGE AREAS.
   A.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
 SION, AN APPLICANT SHALL:
   (1) BE A BILINGUAL, CERTIFIED TEACHER;
   (2) AGREE TO A SERVICE OBLIGATION OF ONE YEAR OF SERVICE IN  A  BILIN-
 GUAL TEACHER SHORTAGE AREA AS A CONDITION OF RECEIVING AN AWARD PURSUANT
 TO THIS SUBDIVISION; AND
   (3)  BE  EMPLOYED FOR THE FIRST TIME AS A BILINGUAL, 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
 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  BILINGUAL,  CERTIFIED TEACHER IN A BILINGUAL TEACHER SHORTAGE
 AREA 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.

 S. 5433                             4

   4. REPORTING. BY NOVEMBER  FIRST  FOLLOWING  THE  COMPLETION  OF  EACH
 SCHOOL  YEAR,  THE  COMMISSIONER  SHALL  REPORT  TO THE GOVERNOR AND THE
 LEGISLATURE  REGARDING  THE  BILINGUAL  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 BY EACH ELIGIBLE CATEGORY OF EXPENSE, 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  BILINGUAL,
 CERTIFIED  TEACHERS  IN  THE  PUBLIC  SCHOOLS OF THE STATE DESIGNATED AS
 BILINGUAL TEACHER SHORTAGE AREAS.
   § 2. This act shall take effect immediately.