S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10498
 
                           I N  A S S E M B L Y
 
                               May 30, 2022
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   De Los Santos) -- read once and referred to the Committee on Ways  and
   Means
 
 AN  ACT  to  amend  the  education  law, in relation to the contract for
   excellence in a city school district in a city having a population  of
   one million or more inhabitants

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion law, as amended by section 1 of part A of chapter 56 of the laws of
 2022, is amended to read as follows:
   e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
 district  that  submitted a contract for excellence for the two thousand
 eight--two thousand nine school year shall submit a contract for  excel-
 lence  for  the  two  thousand  nine--two  thousand  ten  school year in
 conformity with the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of this section unless all schools in the district are
 identified as in good standing  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 nine--two thousand ten school year, unless all schools in  the  district
 are  identified  as in good standing, shall submit a contract for excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than  the  product  of  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
 district's  gap  elimination  adjustment percentage and provided further
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for excellence for the two thousand twelve--two thousand thir-
 teen school  year  which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16015-03-2
 A. 10498                            2
 
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the  two  thousand  eleven--two  thousand  twelve  school  year  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  twelve--two  thousand  thirteen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year  and  provided  further  that,  a  school district that submitted a
 contract for excellence for  the  two  thousand  thirteen--two  thousand
 fourteen  school year, unless all schools in the district are identified
 as in good standing, shall submit a contract for excellence for the  two
 thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for
 excellence for the two thousand  fifteen--two  thousand  sixteen  school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand sixteen--two thousand  seventeen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 seventeen--two  thousand eighteen school year which shall, notwithstand-
 ing the requirements of subparagraph (vi) of paragraph a of  subdivision
 two  of  this  section,  provide  for the expenditure of an amount which
 shall be not less than the amount approved by the  commissioner  in  the
 contract  for  excellence  for  the  two  thousand sixteen--two thousand
 seventeen school year; and provided further that a school district  that
 submitted  a contract for excellence for the two thousand seventeen--two
 thousand eighteen school year, unless all schools in  the  district  are
 identified  as  in good standing, shall submit a contract for excellence
 for the two thousand eighteen--two thousand nineteen school  year  which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 A. 10498                            3
 
 of  an  amount  which  shall be not less than the amount approved by the
 commissioner in the contract for excellence for the two thousand  seven-
 teen--two  thousand  eighteen  school year; and provided further that, a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for  excellence  for  the  two thousand nineteen--two thousand
 twenty school year which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand eighteen--two thousand nineteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  nineteen--two  thousand  twenty  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year;  and  provided  further  that,  a school district that submitted a
 contract for excellence for the two thousand twenty--two thousand  twen-
 ty-one school year, unless all schools in the district are identified as
 in  good  standing,  shall  submit a contract for excellence for the two
 thousand twenty-one--two thousand twenty-two school  year  which  shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two  thousand  twenty--two
 thousand  twenty-one  school  year;  and provided further that, a school
 district that submitted a contract for excellence for the  two  thousand
 twenty-one--two  thousand  twenty-two school year, unless all schools in
 the district are identified as in good standing, shall submit a contract
 for excellence for the two  thousand  twenty-two--two  thousand  twenty-
 three  school  year  which  shall,  notwithstanding  the requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand twenty-one--two thousand twenty-two school year;
 PROVIDED, HOWEVER, THAT, IN A CITY SCHOOL DISTRICT IN A  CITY  HAVING  A
 POPULATION  OF  ONE MILLION OR MORE, NOTWITHSTANDING THE REQUIREMENTS OF
 SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, THE
 CONTRACT FOR EXCELLENCE SHALL PROVIDE FOR THE EXPENDITURE AS  SET  FORTH
 IN  SUBPARAGRAPH  (V) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION.
 For purposes of this paragraph, the "gap elimination adjustment percent-
 age" shall be calculated as the sum of one minus the quotient of the sum
 of the school district's net gap elimination adjustment for two thousand
 ten--two thousand eleven computed pursuant to chapter fifty-three of the
 laws of two thousand ten,  making  appropriations  for  the  support  of
 government,  plus  the  school district's gap elimination adjustment for
 two thousand eleven--two thousand twelve as computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  support  of the local assistance budget, including support for
 general support for public schools, divided by the total aid for adjust-
 ment computed pursuant to chapter fifty-three of the laws of  two  thou-
 A. 10498                            4
 
 sand  eleven,  making  appropriations  for  the local assistance budget,
 including support for general  support  for  public  schools.  Provided,
 further,  that  such  amount  shall  be expended to support and maintain
 allowable programs and activities approved in the two thousand nine--two
 thousand  ten  school  year  or  to  support  new  or expanded allowable
 programs and activities in the current year.
   § 2. Subparagraph (v) of paragraph a of subdivision 2 of section 211-d
 of the education law, as amended by section 2 of part A of chapter 57 of
 the laws of 2008, is amended to read as follows:
   (v) In a city school district in a city having  a  population  of  one
 million or more inhabitants, each contract for excellence shall describe
 how  the  amounts apportioned to the school district in the current year
 as total foundation aid and academic achievement grants,  in  excess  of
 one  hundred  three  percent  of the district's foundation aid base, [as
 adjusted for additional amounts payable as charter school basic  tuition
 over such amount payable in the base year,] shall be used to support new
 programs and new activities or expand the use of programs and activities
 demonstrated  to  improve  student  achievement; provided however, up to
 thirty million dollars or  twenty-five  percent  of  additional  funding
 received in the current year, whichever is less, may be used to maintain
 investments  in  the  programs  and  activities listed in paragraph a of
 subdivision three of this section.
   § 3. Subparagraphs (ii) and (iii) of paragraph (b) of subdivision 2 of
 section 211-d of the education law,  subparagraph  (ii)  as  amended  by
 section  2  of  part  A  of chapter 57 of the laws of 2008, subparagraph
 (iii) as added by section 3-a of part A of chapter 57  of  the  laws  of
 2009, are amended to read as follows:
   (ii)  (A)  In  a city school district in a city having a population of
 one million or more inhabitants such contract shall also include a plan,
 WHICH SHALL BE DEVELOPED IN COLLABORATION WITH THE COLLECTIVE BARGAINING
 UNITS REPRESENTING TEACHERS AND THE PRINCIPALS AND SIGNED OFF ON BY  THE
 CHANCELLOR  AND THE PRESIDENTS OF EACH BARGAINING UNIT, to reduce [aver-
 age] ACTUAL class sizes, [as defined by the  commissioner,  within  five
 years  for the following grade ranges: (A) pre-kindergarten-third grade]
 BEGINNING SEPTEMBER TWO  THOUSAND  TWENTY-TWO  AND  TO  BE  ACHIEVED  BY
 SEPTEMBER  TWO THOUSAND TWENTY-SEVEN FOR ALL CLASSES, WITH THE EXCEPTION
 OF PHYSICAL EDUCATION AND PERFORMING GROUPS, AS FOLLOWS: (1)  KINDERGAR-
 TEN-THIRD  GRADE  TO  HAVE NO MORE THAN TWENTY STUDENTS PER CLASS; [(B)]
 (2) fourth-eighth grade TO HAVE NO MORE THAN TWENTY-THREE  STUDENTS  PER
 CLASS;  and  [(C)]  (3)  high  school  TO  HAVE NO MORE THAN TWENTY-FIVE
 STUDENTS PER CLASS. [Such]  PHYSICAL  EDUCATION  AND  PERFORMING  GROUPS
 SHALL  HAVE  NO  MORE  THAN FORTY STUDENTS PER CLASS AT ALL LEVELS. EACH
 YEAR OF THE PLAN, AN ADDITIONAL TWENTY PERCENT OF THE CLASSROOMS IN  THE
 CITY  SCHOOL  DISTRICT, EXCLUDING SPECIAL EDUCATION CLASSES, SHALL BE IN
 COMPLIANCE WITH THE  CLASS  SIZE  TARGETS  SUCH  THAT  THE  CITY  SCHOOL
 DISTRICT  IS  IN  FULL  COMPLIANCE  BY TWO THOUSAND TWENTY-SEVEN AND ALL
 CLASSES SHOULD MAINTAIN THE TARGET CLASS SIZE. THE CLASS SIZE  REDUCTION
 PLAN  SHALL  PRIORITIZE  SCHOOLS SERVING POPULATIONS WITH HIGHER POVERTY
 LEVELS.
   (B) THE CLASS SIZE REDUCTION plan shall include [class size  reduction
 for  low  performing and overcrowded schools and also] ANY EXEMPTIONS TO
 THE CLASS SIZE TARGETS. THESE EXEMPTIONS SHALL BE LIMITED TO: (1) SPACE;
 (2) OVER-ENROLLED STUDENTS; (3) LICENSE AREA SHORTAGES; AND  (4)  SEVERE
 ECONOMIC DISTRESS. ANY SUCH EXEMPTIONS SHALL BE APPROVED BY THE CHANCEL-
 LOR  AND  THE PRESIDENTS OF THE COLLECTIVE BARGAINING UNITS REPRESENTING
 THE TEACHERS AND THE PRINCIPALS AS PART  OF  THE  CLASS  SIZE  REDUCTION
 A. 10498                            5
 
 PLAN.    SHOULD  THE  CHANCELLOR  AND  THE  PRESIDENTS OF THE COLLECTIVE
 BARGAINING UNITS REPRESENTING THE TEACHERS AND THE PRINCIPALS BE  UNABLE
 TO  REACH AGREEMENT ON THE EXEMPTIONS AFTER THIRTY DAYS, THE ISSUE SHALL
 BE  DETERMINED  BY  AN  ARBITRATOR.  IN ADDITION, ANY EXEMPTION BASED ON
 AVAILABLE SPACE SHALL INCLUDE A  REFERENCE  TO  THE  CAPITAL  BUDGET  TO
 DEMONSTRATE  THAT  THE  BUDGET  IS  ALIGNED WITH RESOLVING THE EXEMPTION
 STATUS. EXEMPTED CLASSES, FOR THE YEARS IN WHICH THEY  ARE  EXEMPT,  AND
 SPECIAL  EDUCATION  CLASSES  SHALL  NOT  COUNT TOWARD THE TWENTY PERCENT
 TARGET.
   (C) THE CLASS SIZE REDUCTION PLAN SHALL ALSO include the methods to be
 used to achieve [such] THE class  [sizes]  SIZE  TARGETS,  such  as  the
 creation  or  construction  of more classrooms and school buildings, the
 placement of more than one teacher in a classroom or methods  to  other-
 wise  reduce  the  student  to  teacher  ratio[; provided, however, that
 notwithstanding any law, rule or regulation to the  contrary,  the  sole
 and  exclusive  remedy for a violation of the requirements of this para-
 graph shall be pursuant to a petition to the commissioner under subdivi-
 sion seven of section three hundred ten of this title, and the  decision
 of  the  commissioner on such petition shall be final and unreviewable],
 BUT ONLY AS A TEMPORARY MEASURE UNTIL MORE CLASSROOMS ARE MADE AVAILABLE
 IN CONFORMANCE WITH THE PLAN. FOR ELECTIVE AND  SPECIALTY  CLASSES,  THE
 COLLECTIVE  BARGAINING  UNIT  REPRESENTING  TEACHERS MAY NEGOTIATE CLASS
 SIZES HIGHER THAN THE TARGETS IF SUCH INCREASE IS APPROVED BY A MAJORITY
 OF THE STAFF IN THE SCHOOL.
   (iii) A city school district in a city  having  a  population  of  one
 million  or more inhabitants shall prepare [a report] ANNUAL REPORTS, ON
 THE DATES SET FORTH BELOW, to the commissioner  on  the  status  of  the
 implementation of its plan to reduce [average] ACTUAL class sizes pursu-
 ant to subparagraph (ii) of this paragraph. Such report shall [identify]
 BE  PUBLICLY  RELEASED AND POSTED ON THE CITY SCHOOL DISTRICT'S WEBSITE,
 IDENTIFYING all schools that  received  funds  targeted  at  class  size
 reduction  efforts  pursuant  to  the  requirements  of this section and
 [provide] PROVIDING the following information regarding such schools:
   (A) the amount of contract  for  excellence  funds  received  by  each
 school and the school year in which it received such funds;
   (B)  a  detailed  description  of  how  contract  for excellence funds
 contributed to achieving  class  size  reduction  in  each  school  that
 received  such  funding  including specific information on the number of
 [classrooms] CLASSES in each school  that  existed  prior  to  receiving
 contract for excellence funds and the number of new [classrooms] CLASSES
 that  were  created  in  each  school  for  each  year  such funding was
 received, the number of classroom teachers that existed in  each  school
 prior  to  receiving contract for excellence funds and the number of new
 classroom teachers in  each  school  for  each  year  such  funding  was
 received, the student to teacher ratio in each school prior to receiving
 contract  for  excellence funds and the student to teacher ratio in each
 school for each year such funding was received;
   (C) the actual student enrollment for the [two thousand six--two thou-
 sand seven school year, the actual student enrollment for the two  thou-
 sand  seven--two  thousand eight school year, the actual student enroll-
 ment for the two thousand eight--two thousand nine school year,] CURRENT
 SCHOOL YEAR and the projected student enrollment for the  [two  thousand
 nine--two  thousand  ten]  UPCOMING school year for each school by grade
 level;
   (D) the actual [average] class sizes for the  [two  thousand  six--two
 thousand  seven  school year, the actual average class sizes for the two
 A. 10498                            6

 thousand seven--two thousand eight school year, the actual average class
 sizes for the two thousand  eight--two  thousand  nine]  CURRENT  school
 year,  and  the  projected  [average]  class sizes for the [two thousand
 nine--two  thousand  ten]  UPCOMING school year for each school by grade
 level; [and]
   (E) THE ANNUAL CAPITAL PLAN FOR SCHOOL  CONSTRUCTION  AND  LEASING  TO
 SHOW HOW MANY CLASSROOMS WILL BE ADDED IN EACH YEAR AND IN WHICH SCHOOLS
 AND DISTRICTS TO ACHIEVE THE CLASS SIZE TARGETS;
   (F)  HOW THE SCHOOL CAPACITY AND UTILIZATION FORMULA IS ALIGNED TO THE
 CLASS SIZE TARGETS IN THE CITY SCHOOL DISTRICT'S  CLASS  SIZE  REDUCTION
 PLAN; AND
   (G)  the schools that have made insufficient progress toward achieving
 the class size reduction [goals  outlined]  TARGETS  SET  FORTH  in  the
 approved  [five year] class size reduction plan pursuant to subparagraph
 (ii) of this paragraph and a detailed description of  the  actions  that
 will be taken to reduce class sizes in such schools.
   [Such  report  shall  be  submitted  to  the commissioner on or before
 November seventeenth, two thousand nine and shall be made  available  to
 the  public  by such date.] THE REPORT SHALL BE SUBMITTED TO THE COMMIS-
 SIONER ON OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR AND  MADE  AVAILABLE
 TO THE PUBLIC BY SUCH DATE ON THE CITY SCHOOL DISTRICT'S WEBSITE. IF THE
 DEPARTMENT DETERMINES THAT THE NOVEMBER FIFTEENTH REPORT DOES NOT DEMON-
 STRATE  SUFFICIENT DECREASES IN CLASS SIZE, THE DEPARTMENT SHALL ISSUE A
 LETTER MAKING THAT DETERMINATION PUBLIC ON  ITS  WEBSITE  AND  THE  CITY
 SCHOOL  DISTRICT  SHALL IMMEDIATELY SUBMIT A PLAN FOR CORRECTIVE ACTION,
 WHICH SHALL BE DEVELOPED IN COLLABORATION WITH THE COLLECTIVE BARGAINING
 UNITS REPRESENTING THE TEACHERS AND THE PRINCIPALS AND SIGNED OFF ON  BY
 THE CHANCELLOR AND THE PRESIDENT OF EACH COLLECTIVE BARGAINING UNIT. THE
 CITY  SCHOOL DISTRICT'S CORRECTIVE ACTION PLAN SHALL ALSO BE MADE AVAIL-
 ABLE TO THE PUBLIC ON THE CITY SCHOOL DISTRICT'S WEBSITE UPON SUBMISSION
 TO THE DEPARTMENT. THE FINAL CORRECTIVE ACTION PLAN SHALL BE MADE AVAIL-
 ABLE TO THE PUBLIC UPON APPROVAL BY THE  DEPARTMENT.  THE  REPORT  SHALL
 ALSO  BE CERTIFIED BY THE STATE OR CITY COMPTROLLER THAT THE CITY SCHOOL
 DISTRICT'S CAPITAL AND EDUCATION FUNDING PLANS WILL  PROVIDE  SUFFICIENT
 SPACE  AND  STAFFING  FOR  THE REDUCTION IN CLASS SIZE SET FORTH IN THIS
 PARAGRAPH AND, IF NOT, WHAT MEASURES AND/OR FUNDING SHOULD BE  ADDED  TO
 THE PLAN TO ACHIEVE SUCH TARGETS.
   (IV)  PROVIDED  THE COMMISSIONER APPROVES AND THE CITY SCHOOL DISTRICT
 REMAINS IN COMPLIANCE WITH THE CLASS SIZE REDUCTION PLAN, AS  SET  FORTH
 HEREIN,  THE  STATE  SHALL  TAKE SUCH COMPLIANCE INTO CONSIDERATION WHEN
 DETERMINING INCREASES IN FOUNDATION AID.
   (V) IN ADDITION TO THE ANNUAL REPORTS, THE CITY SCHOOL DISTRICT  SHALL
 SUBMIT  A FINANCIAL IMPACT STATEMENT ON NOVEMBER FIFTEENTH, TWO THOUSAND
 TWENTY-FOUR. THE FINANCIAL IMPACT STATEMENT MAY RECOMMEND A PAUSE OF THE
 CLASS SIZE REDUCTION PLAN, BUT IN NO EVENT MAY IT RESULT IN A ROLL  BACK
 OR INCREASE IN CLASS SIZES.
   §  4.  Paragraph  d of subdivision 4 of section 211-d of the education
 law, as added by section 12 of part A of chapter 57 of the laws of 2007,
 is amended to read as follows:
   d. [For the two thousand seven--two thousand eight school year, school
 districts shall solicit public comment on  their  contracts  for  excel-
 lence.]  IN  A CITY SCHOOL DISTRICT IN A CITY OF ONE MILLION OR MORE IN-
 HABITANTS, THE PUBLIC PROCESS SET FORTH IN PARAGRAPHS  A  THROUGH  C  OF
 THIS  SUBDIVISION SHALL COMMENCE NO LATER THAN THIRTY DAYS AFTER A STATE
 BUDGET IS ENACTED EACH YEAR AND BE COMPLETED NO LATER THAN  THIRTY  DAYS
 AFTER  ITS  COMMENCEMENT. NOTICE OF THE PUBLIC PROCESS SHALL BE PROVIDED
 A. 10498                            7
 
 FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF THE FIRST PUBLIC  HEARING  AND
 SHALL  BE POSTED ON THE CITY SCHOOL DISTRICT'S WEBSITE AS WELL AS TRANS-
 MITTED VIA EMAIL TO SCHOOL ADMINISTRATORS, PARENT AND TEACHER  ORGANIZA-
 TIONS,  AND  ELECTED OFFICIALS. THE PROPOSED PLAN SHALL BE SUBMITTED FOR
 STATE APPROVAL WITHIN TWO WEEKS FOLLOWING THE COMPLETION OF  THE  PUBLIC
 PROCESS. THE PROPOSED PLAN SHALL BE POSTED ON THE CITY SCHOOL DISTRICT'S
 WEBSITE  WITHIN TWENTY-FOUR HOURS OF ITS SUBMISSION ALONG WITH A SUMMARY
 OF THE PUBLIC COMMENTS AND THE CITY SCHOOL  DISTRICT'S  EXPLANATION  AND
 REASONS  FOR  WHICH  PUBLIC COMMENTS WERE INCORPORATED INTO THE PROPOSED
 PLAN AND WHICH PUBLIC COMMENTS WERE NOT INCORPORATED INTO  THE  PROPOSED
 PLAN.
   §  5. Subdivision 5 of section 211-d of the education law, as added by
 section 12 of part A of chapter 57 of the laws of 2007,  is  amended  to
 read as follows:
   5. A. Each contract for excellence shall be subject to approval by the
 commissioner  and his or her certification that the expenditure of addi-
 tional aid or grant amounts is in accordance  with  subdivision  two  of
 this section.
   B.  IN A CITY SCHOOL DISTRICT OF ONE MILLION OR MORE INHABITANTS, UPON
 APPROVAL OF THE CONTRACT FOR EXCELLENCE, ONE-THIRD OF THE  CONTRACT  FOR
 EXCELLENCE  FUNDS  SHALL  BE  RELEASED  TO THE CITY SCHOOL DISTRICT. THE
 REMAINDER OF THE FUNDS SHALL BE RELEASED TO  THE  CITY  SCHOOL  DISTRICT
 UPON  SUBMISSION  OF THE NOVEMBER FIFTEENTH REPORT DESCRIBED IN SUBDIVI-
 SION TWO OF THIS SECTION, ONLY IF SUCH  REPORT  DEMONSTRATES  SUFFICIENT
 REDUCTION  IN  CLASS  SIZES,  AND  THE  REMAINDER  OF THE FUNDS SHALL BE
 RELEASED UPON SUBMISSION BY THE CITY SCHOOL DISTRICT OF  THE  CORRECTIVE
 ACTION  PLAN  DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. IN THE YEARS
 FOLLOWING A YEAR WHICH REQUIRED A CORRECTIVE  ACTION  PLAN  PURSUANT  TO
 SUBDIVISION  TWO OF THIS SECTION, NO CONTRACT FOR EXCELLENCE FUNDS SHALL
 BE PROVIDED BY THE STATE UNTIL AND UNLESS SUCH  CORRECTIVE  ACTION  PLAN
 HAS BEEN FULLY IMPLEMENTED.
   §  6. This act shall take effect immediately; provided that the amend-
 ments to paragraph e of subdivision 1 of section 211-d of the  education
 law  made  by section one of this act shall take effect on the same date
 and in the same manner as section 1 of part A of chapter 56 of the  laws
 of 2022, takes effect.