LBD15729-04-4
A. 10407--A 2
one such member shall be appointed by the minority leader of the senate,
and two such members shall be monitors appointed to the district by the
commissioner pursuant to section eight of this act; provided, however,
that in the event that no such monitor or monitors are currently
appointed, such member or members shall be appointed by the commission-
er. Provided further, however, that the president of the board of educa-
tion shall be a non-voting ex-officio member of the fiscal control
board. The president of the board of education shall be entitled to
attend all meetings of the fiscal control board, including executive
sessions; provided however, that the board president shall not be
considered for purposes of establishing a quorum of the fiscal control
board, provided further that the board president may be excused from
executive session when proposed, pending or current litigation involving
the board of education, and any of its individual members, are being
discussed.
2. Members of the fiscal control board shall be appointed, and may be
reappointed, to various terms of up to one to four years, so that one
term expires on June 30 of the first year, beginning June 30, 2025, and
so that two terms expire on June 30 of the second, third, and fourth
years. Notwithstanding any other provision of law to the contrary,
appointed members of the fiscal control board shall serve at the pleas-
ure of the appointing officer. The commissioner may remove a member of
the board for inefficiency, neglect of duty, or misconduct in office
after a public hearing on not less than 10 days' written notice and an
opportunity to be heard in person or by counsel. Upon removal by the
commissioner or upon any other vacancy occurring in the fiscal control
board, such vacancy shall be filled by the appointment of a new board
member by the appointee of such vacant board seat.
3. Notwithstanding any other provision of law to the contrary, to be
eligible for appointment to the fiscal control board a person shall:
(a) meet the requirements of section 2102 of the education law, except
that such appointed positions may be filled by persons who are not qual-
ified voters or residents of the school district;
(b) not be employees of the school district;
(c) not be disqualified from serving under section 2103 of the educa-
tion law; and
(d) to the extent practicable, have experience in school district
finances and one or more of the following areas: elementary and second-
ary education, the operation of school districts in New York, educating
students with disabilities, and/or educating English language learners.
4. The commissioner shall designate a chair and vice-chair from among
the members. The chair shall preside over all meetings of the members
and shall have such other duties as the members may prescribe. The vice-
chair shall preside over all meetings of the members in the absence of
the chair and shall have such other duties as the members may prescribe.
5. The members of the board shall serve without salary, but each
member shall be reimbursed by the district for actual and necessary
expenses incurred in the performance of such member's official duties as
a member of the fiscal control board. Provided, however, that the moni-
tors shall be paid by the district as prescribed in section eight of
this act.
6. Four members shall constitute a quorum for the transaction of any
business or the exercise of any power of the fiscal control board.
7. The fiscal control board shall have regular meetings at least once
quarterly. Such meetings may be held in tandem with the board of educa-
tion meetings. The meetings of the fiscal control board shall be open to
A. 10407--A 3
the public, but such board may hold executive sessions, at which
sessions only the members of such board or the persons invited shall be
present. Such meetings shall be held in conformity with the provisions
of article 7 of the public officers law. The district shall assist in
the logistics of holding such board meetings and incur the costs in
conducting such meetings to the same extent as meetings held by the
board of education.
8. The fiscal control board shall be deemed members of the board of
education of the district for purposes of defense and indemnification by
the school district pursuant to section 3811 of the education law or
section 18 of the public officers law, if applicable, and shall also be
eligible for defense and indemnification by the state pursuant to
section 17 of the public officers law, provided that such defense and
indemnification by the state shall supplement and not supplant the
protection provided under the education law.
9. The district shall fully cooperate with the fiscal control board
including, but not limited to, providing the fiscal control board with
access, within 48 hours of such request from the fiscal control board,
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. The fiscal control
board may notify the commissioner and board of education in writing when
the district has failed to provide the fiscal control board with
requested documents or records within such timeframe. Within 7 days, the
commissioner shall determine if the district failed to comply and shall
order the district to immediately provide the fiscal control board with
the requested documents or records.
§ 4. General powers and duties of the fiscal control board. 1. The
fiscal control board shall act in addition to the board of education.
Provided, however, that the fiscal control board shall have fiscal
control over the district in accordance with the provisions of this act.
The fiscal control board shall have all the powers and duties of a board
of education of a central school district under the education law, as
such powers and duties relate to fiscal policies and decisions. The
fiscal control board's authority over the fiscal policies and decisions
of the district shall ensure the district maintains or improves current
educational programs and facilities. In carrying out their powers and
duties, the fiscal control board shall, to the greatest extent practica-
ble, account for the unique needs of any racial, ethnic, linguistic, or
religious minority groups within the district.
2. The fiscal control board shall have the following additional powers
and duties:
(a) to exercise fiscal control over the district in accordance with
section six of this act;
(b) to act as the finance board of the district for purposes of the
local finance law including, but not limited to, the power to authorize
the issuance of bonds and notes;
(c) to establish fiscal benchmarks for the district in relation to
district revenues and expenditures to stabilize the district's fiscal
condition by eliminating the district's fiscal deficit and enabling the
maintenance of a balanced budget while maintaining or improving current
educational programs and addressing facility needs;
(d) to review and revise all current fiscal policies and practices of
the district including, but not limited to, policies and practices
A. 10407--A 4
related to pupil transportation services, use of the district's fund
balance, and incurrence of debt;
(e) to review, authorize, and approve all contracts of the district.
Prior to entering into any contract, the district shall submit a copy of
such contract to the fiscal control board, accompanied by an analysis of
the projected costs of such agreement. Such submission shall be in such
form and shall include such additional information as the control board
may prescribe. The fiscal control board shall promptly review the terms
of such contract and the supporting information and shall disapprove any
contract which, in its judgment, would have a significant negative
impact on the fiscal health of the district;
(f) to conduct, or contract with an entity to conduct forensic audits
of the district and report any in which there is reason to believe a
violation of a law, abuse or waste has occurred to the state inspector
general. The cost of any such contract shall be paid by the district;
(g) to direct the board of education, superintendent, and/or other
school district staff to undergo any training as deemed necessary and
pursuant to timelines established by the fiscal control board. In no
event shall the total number of training hours exceed 15 hours in a
single calendar year. Provided, however, the fiscal control board may
recommend additional training as deemed necessary;
(h) to obtain independent counsel to serve as counsel to the fiscal
control board. The cost of such counsel shall be borne by the district;
(i) to utilize district staff to the same extent the board of educa-
tion utilizes such staff to aid in the performance of their duties;
(j) to approve or disapprove all fiscal reports including, but not
limited to, treasure's reports, payroll reports, claims audits reports,
internal and external audit reports, fund transfer reports; and
(k) to do all things necessary to carry out its purposes and exercise
powers expressly given and granted in this act.
§ 5. Board of education meetings. 1. The fiscal control board shall be
entitled to attend all meetings of the board of education, including
executive sessions; provided however, that the fiscal control board
shall not be considered for purposes of establishing a quorum of the
board of education, provided further that the fiscal control board may
be excused from executive session when proposed, pending or current
litigation involving the fiscal control board and any of its individual
members, or the department, are being discussed.
2. (a) The board of education clerk shall provide the fiscal control
board with copies of the board of education agenda and all resolutions
and motions on such agenda for each board meeting no later than 72 hours
prior to such board meeting. If a proposed resolution or motion is for
the purpose of approving a contract or to comply with state law or regu-
lation and the date to comply with such law or regulation is within 21
days of the board meeting, the board clerk shall provide the fiscal
control board with copies of the proposed resolution and proposed
contract language at least 7 days prior to such meeting.
(b) In the event the fiscal control board is not provided with copies
of proposed resolutions or motions 72 hours or 7 days prior to a board
meeting, as applicable, the fiscal control board may, at their
discretion, remove an item including board resolutions or motions from
consideration by the board at such meeting. Upon the failure of the
board clerk to provide proposed resolutions or motions as required by
this section, the fiscal control board shall provide notice of such
failure to the board of education. An item removed from consideration by
the fiscal control board may not be reconsidered by the board of educa-
A. 10407--A 5
tion for a period of 10 days or the next board of education meeting,
whichever is later, unless the fiscal control board expressly authorizes
consideration at an earlier date.
3. In the event that the fiscal control board finds that an adopted
resolution or motion, a proposed resolution or motion, or the board of
education's failure to act: violates state law, rule, or regulation; is
inconsistent with the terms of the long term strategic academic and
fiscal improvement plan adopted pursuant to section nine of this act; or
is fiscal matter that is under the jurisdiction of the fiscal control
board, the fiscal control board may:
(a) Override adopted or proposed resolutions or motions by the board
of education through the issuance of a directive which shall contain the
specific findings as to the necessity of such override and any potential
corrective action by the board of education that would address the defi-
ciency in such adopted or proposed resolution or motion. The fiscal
control board shall provide written notice to the board of education,
superintendent and commissioner of their intention to override the
adopted or proposed resolution or motion at any time but in no event
later than 48 hours after such resolution or motion was adopted by the
board of education unless the commissioner has extended the period to
override due to extenuating circumstances that necessitate additional
time. The override notice shall stay the proceedings of the board of
education on such adopted resolution or motion or, if the notice is
provided prior to action by the board of education, it shall remove such
proposed resolution or motion from consideration by the board of educa-
tion pending the issuance of a directive by the fiscal control board.
The fiscal control board must submit the directive to the board of
education, superintendent and the commissioner no later than 10 days
following notice of such override. Upon the issuance of a directive, the
override of the board of education's adopted or proposed resolution or
motion shall be final and conclusive unless the fiscal control board
fails to issue such directive within 10 days or within such period
established by the fiscal control board if the period was extended,
withdraws such override, or the commissioner overrules the fiscal
control boards override within 10 days of the issuance of the directive.
The fiscal control board may extend the period to submit such directive,
at intervals of 10 additional days for each extension, if the board of
education, superintendent or school district employees fail to provide
all relevant information requested by the fiscal control board related
to the adopted or proposed resolution or motion subject to such override
within 48 hours of such request.
(b) Submit a resolution for adoption by the board of education. The
resolution shall be submitted to the district clerk no later than 48
hours prior to the next scheduled board of education meeting who shall
cause the resolution to be placed on the next board meeting agenda and a
copy to be issued to the board of education, superintendent and commis-
sioner accompanied by specific findings as to the necessity of such
resolution. The monitor or monitors may direct the board to meet at a
date prior to their next scheduled board meeting to take up such resol-
ution. The fiscal control board may withdraw the resolution prior to, or
during, the next board meeting, if the board of education takes suffi-
cient action to resolve the issues contained in the resolution. If the
resolution is not withdrawn, it shall be deemed to be adopted at the
next board meeting through its submission and shall have the full force
and effect as any other resolution adopted by the board of education.
A. 10407--A 6
§ 6. Fiscal control. Notwithstanding any other provision of law to the
contrary, the fiscal control board shall have the following powers and
duties:
1. District's budget and propositions. Notwithstanding sections 2022
or 2023-a of the education law, or any other law to the contrary, if the
voters fail to approve the district's proposed budget as developed and
approved pursuant to section ten of this act, including any propositions
submitted therewith involving the expenditure of money or authorizing
the levy of a tax, including propositions relating to reserve funds
pursuant to section 3651 of the education law, the fiscal control board
is hereby authorized and directed to override the voters of the district
and deem the budget and/or proposition approved where the passage of
such budget and/or proposition is necessary for the fiscal stability of
the district or necessary to maintain or improve current educational
programs or facilities, as determined by the fiscal control board.
2. District transportation. Notwithstanding subdivision 1 of section
3635 or subdivision 2 of section 2023 of the education law, or any other
law to the contrary, the fiscal control board is hereby authorized and
directed to override voter approval of expanded transportation provided
to students in the district as prescribed in subdivision 1 of section
3635 of the education law where:
(a) the district's percentage of transportation expenditures out of
the district's total expenditures is significantly above the statewide
school district average percentage of transportation expenditures, as
determined by the fiscal control board; or
(b) the fiscal control board determines that such override is neces-
sary for the fiscal stability of the district or necessary to maintain
or improve current educational programs or facilities, as determined by
the fiscal control board.
3. School taxes and school bonds. Notwithstanding section 416 of the
education law, section 37.00 of the local finance law, or any other law
to the contrary, the fiscal control board may resolve to introduce a
proposition involving the expenditure of money, or authorizing the levy
of a tax, at any annual or special district meeting for any purpose
prescribed in subdivision 1 of section 416 of the education law.
Provided, however, that if the voters of the district do not approve
such proposition, the fiscal control board is hereby authorized and
directed to override the voters of the district and deem the proposition
approved where the passage of such proposition is necessary for any
purposes prescribed in subdivision 1 of section 416 of the education law
including, but not limited to, addressing the facilities needs of the
district consistent with the districts five year capital facilities
plan, as required pursuant to clause (i) of subparagraph 2 of paragraph
b of subdivision 6 of section 3602 of the education law, or for such
other purpose relating to the support and welfare of the district, as
determined by the fiscal control board. The fiscal control board may
convene a special district meeting for the purpose of considering such
proposition if the board of education fails to do so.
4. Collective bargaining agreements. Notwithstanding any law to the
contrary, the fiscal control board shall review and approve or disap-
prove any collective bargaining agreements to be entered into, modified,
altered, or amended by the district on and after the effective date of
this act. Prior to entering into any such collective bargaining agree-
ment, the district shall submit a copy of such collective bargaining
agreement to the fiscal control board, accompanied by an analysis of the
projected costs of such agreement. Such submission shall be in such form
A. 10407--A 7
and shall include such additional information as the fiscal control
board may prescribe. The fiscal control board shall promptly review the
terms of such collective bargaining agreement and the supporting infor-
mation and shall disapprove any collective bargaining agreement which,
in its judgment, would have a significant negative impact on the fiscal
health of the district.
§ 7. Additional authority of commissioner of education. Notwithstand-
ing any provision of law to the contrary, the commissioner shall have
the authority during the effectiveness of this act to:
1. appoint and supervise the superintendent and remove the superinten-
dent in accordance with the terms and procedures in the superintendent's
contract, as if such removal were by the board of education. Notwith-
standing any provision of law to the contrary, the board of education
shall not be authorized to remove the superintendent appointed by the
commissioner; and
2. approve or disapprove appointments of assistant or associate super-
intendents, school principals, and other school administrators and
supervisors, including tenure appointments.
§ 8. Appointment of monitor team. 1. In accordance with the powers and
duties of the board of regents and the commissioner pursuant to subdivi-
sion 2 of section 305 of the education law, section 308 of the education
law, and section 215 of the education law, up to 2 monitors shall be
appointed by and serve at the pleasure of the commissioner to carry out
the provisions of this act including but not limited to providing over-
sight, guidance and technical assistance related to the educational and
fiscal policies, practices, programs and decisions of the district, the
board of education and the superintendent. Provided, however, that the
monitors appointment pursuant to former chapter 89 of the laws of 2016,
as amended, may continue their appointment under this act.
2. The reasonable and necessary expenses incurred by the monitors
while performing such monitors official duties shall be paid by the
school district.
3. The monitors shall provide support and assistance as deemed neces-
sary to the additional members of the fiscal control board appointed
pursuant to section three of this act in fulfilling their duties under
the provisions of this act.
4. The board of education, in consultation with the monitors, 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 of education from requesting that the person
with the conflict of interest present information as background or
answer questions at a board of education meeting prior to the commence-
ment 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
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(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.
§ 9. Long term strategic academic and fiscal improvement plan. 1. The
board of education and the monitors shall continue to annually revise
the long term strategic academic and fiscal improvement plan developed
pursuant to former section 5 of chapter 89 of the laws of 2016, as
amended, and shall annually revise such plan by September first of each
year.
2. Such plan, including such annual revisions thereto, shall be
submitted to the fiscal control board for approval. After approval from
the fiscal control board, the plan shall then be submitted to the
commissioner.
3. Such plan shall include a set of goals with appropriate benchmarks
and measurable objectives and identify strategies to address areas where
improvements are needed in the district, including but not limited to
its financial stability, academic opportunities and outcomes, education
of students with disabilities, education of English language learners,
the educational, social and emotional welfare of public school students
and shall ensure compliance with all applicable state and federal laws
and regulations.
4. The strategic academic and fiscal improvement plan shall, to the
maximum extent possible, consider the demographic makeup of the district
and the unique needs of minority racial, ethnic, religious and undocu-
mented communities of interest.
5. The improvement plan shall also include a comprehensive expenditure
plan that will describe how any funds appropriated to the district in
addition to those appropriated pursuant to sections 3602 and 3602-e of
the education law will be spent in the applicable school year. The
comprehensive expenditure plan shall ensure that funds supplement, not
supplant, expenditures from local, state and federal funds for services
provided to public school students.
6. The board of education and the monitors must annually conduct a
public hearing on the long term strategic academic and fiscal improve-
ment plan and shall consider the input of the community before adopting
or revising such plan. Such long term strategic academic and fiscal
improvement plan shall also be made publicly available and shall be
annually submitted along with comments made by the community to the
fiscal control board and then the commissioner for approval once the
plan is finalized. Upon review of the long term strategic academic and
fiscal improvement plan, the fiscal control board and commissioner shall
approve or deny such plan in writing and, if denied, shall include the
reasons therefor. The board of education and monitors may resubmit such
plan or plans with any needed modifications thereto.
7. The monitors may notify the commissioner, the fiscal control board,
and the board of education in writing when they deem the district is
violating an element of the long term strategic academic and fiscal
improvement plan. Within 20 days, the commissioner shall determine
whether the district is in violation of any of the elements of the plan
highlighted by the monitors and shall order the district to comply imme-
diately with the plan and remedy any such violation. The school district
shall suspend all actions related to the potential violations of the
plan until the commissioner issues a determination.
§ 10. District budget development and approval. 1. The fiscal control
board shall, in consultation with the board of education, annually
develop and submit the school district's proposed budget for the next
A. 10407--A 9
succeeding school year to the commissioner no later than March first
prior to the school district's annual budget vote.
2. The fiscal control board shall review the budget to ensure that it,
to the greatest extent possible:
(a) is consistent with the long term strategic academic and fiscal
improvement plan developed and adopted pursuant to this act;
(b) expands educational programming for students including, but not
limited to, extracurricular activities, course offerings, non-mandated
support services, non-mandated art and music classes, programs and
services for English language learners and students with disabilities,
and maintaining class size; and
(c) is balanced within the context of revenue and expenditure esti-
mates and mandated programs.
3. The fiscal control board shall present its findings to the commis-
sioner no later than 45 days prior to the date scheduled for the school
district's annual budget vote. The commissioner shall require that the
fiscal control board make any additional adjustments to the proposed
budget if the commissioner determines such adjustments are necessary to
ensure that the proposed budget meets the requirements of subdivision 2
of this section.
4. The school district shall make available on the district's website:
the initial proposed budget, the commissioner's adjustments, if any, and
the final proposed budget, at least 7 days prior to the date of the
school district's budget hearing. The fiscal control board shall provide
the commissioner with any information the commissioner requests in order
to make a determination pursuant to this section within 3 business days
of such request.
§ 11. Reporting. The district shall provide quarterly reports to the
fiscal control board and annual reports to the commissioner and board of
regents on the academic, fiscal, and operational status of the school
district. In addition, the fiscal control board shall provide semi-annu-
al reports to the commissioner, board of regents, the governor, the
temporary president of the senate, the speaker of the assembly, and the
state comptroller 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.
§ 12. Community advisory board. 1. The community advisory board
appointed pursuant to former section 11 of chapter 89 of the laws of
2016, as amended, is hereby continued. Such board shall be jointly
appointed by the board of education and the superintendent and shall be
comprised of 10 persons who either reside in or are employed by the
district.
2. The community advisory board, to the greatest extent possible,
shall include:
(a) at least one member who resides within the district and is the
parent of a student with special needs whose education is provided for
by the district;
(b) at least one member for each of the three most common non-English
languages spoken by individuals in the district based on the most recent
decennial federal census;
(c) at least one member who is a member of a civic league or organiza-
tion not organized for profit but operated exclusively for the promotion
of social welfare whose mission includes advocating for the civil rights
of racial and ethnic minority groups;
(d) at least one member who is the parent of a public school student;
and
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(e) at least one member who is the parent of a non-public school
student.
3. Each appointment made to the community advisory board may be used
to satisfy more than one of the requirements specified in subdivision 2
of this section.
4. The community advisory board shall meet with the fiscal control
board at least four times each year and shall provide a range of commu-
nity perspectives on the important issues affecting the public and non-
public schools in the district. Such meetings shall be held in conformi-
ty with the provisions of article 7 of the public officers law. The
district shall assist in the logistics of holding such meetings and
incur the costs in conducting such meetings to the same extent as meet-
ings held by the board of education.
5. The members of the community advisory board shall receive no
compensation for their services.
6. Each member of the community advisory board shall serve for a term
of one year. The superintendent and board shall jointly appoint or reap-
point members when a term expires. The superintendent and board shall
have the power to fill a vacancy.
§ 13. Fiscal control period. The fiscal control period of the fiscal
control board shall begin as of the effective date of this act.
Provided, however, that the fiscal control board shall no longer have
fiscal control as prescribed in this act upon such date that the fiscal
control board determines that the district has met the fiscal benchmarks
established by such board and the goals set in the long term strategic
academic and fiscal improvement plan and has maintained such benchmarks
and goals for a period of three school years. The fiscal control board
shall submit a report to the governor, the temporary president of the
senate, the speaker of the assembly, and the commissioner with documen-
tation and analyses demonstrating the basis for such determination.
Provided further that if at any time the district fails to meet the
fiscal benchmarks established by the fiscal control board, or the goals
set forth in the long term strategic academic and fiscal improvement
plan, as determined by the fiscal control board, the fiscal control
board's control period shall be reinstated. Provided further that in no
event shall the fiscal control board's control period continue beyond
the period when all bonds and notes authorized to be issued by the
fiscal control board expire, or June 30, 2050, whichever is later.
§ 14. Payment. The East Ramapo central school district shall be paid
on an accelerated schedule as follows:
1. (a) Notwithstanding any other provisions of law, for aid payable in
the school years 2024-2025 through 2053-2054 upon application to the
commissioner of education submitted not sooner than the second Monday in
July of the school year in which such aid is payable and not later than
the Friday following the third Monday in July of the school year in
which such aid is payable, or 10 days after the effective date of this
act, whichever shall be later, the East Ramapo central school district
shall be eligible to receive an apportionment pursuant to this act in an
amount equal to the product of $20,000,000 and the quotient of the posi-
tive difference of thirty minus the number of school years elapsed since
the 2024-2025 school year divided by thirty.
(b) Funds apportioned pursuant to this subdivision shall be used for
services and expenses of the East Ramapo central school district and
shall be applied in support of its educational programs and any liabil-
ity incurred by such central school district in carrying out its func-
tions and responsibilities under the education law.
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2. The claim for an apportionment to be paid to the East Ramapo
central school district pursuant to subdivision 1 of this section shall
be submitted to the commissioner on a form prescribed for such purpose,
and shall be payable upon determination by such commissioner that the
form has been submitted as prescribed and that the school district has
complied with the reporting requirements of this act. For each school
year in which application is made pursuant to subdivision 1 of this
section, such approved amount shall be payable on or before July thir-
ty-first of such school year upon the audit and warrant of the state
comptroller on vouchers certified or approved by the commissioner in the
manner prescribed by law from moneys appropriated from the general fund
for general support for public schools due such school district pursuant
to section 3609-a of the education law.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to the East Ramapo central
school district during the current year pursuant to subdivisions 1 and 2
of this section shall first be deducted from payments due during the
current school year pursuant to subparagraphs 4 and 5 of paragraph a of
subdivision 1 of section 3609-a of the education law in the following
order: the fixed fall payments payable pursuant to subparagraph 4 of
such paragraph, and any remainder to be deducted from the individualized
payments due to the district pursuant to paragraph b of such subdivision
shall be deducted on a chronological basis starting with the earliest
payment due the district.
4. Notwithstanding any other provisions of law, the sum of payments
made to the East Ramapo central school district during the base year
pursuant to subdivisions 1 and 2 of this section plus payments made to
such school district during the current year pursuant to section 3609-a
of the education law shall be deemed to truly represent all aids paid to
such school district during the current school year pursuant to such
section for the purposes of computing any adjustments to such aids that
may occur in a subsequent school year.
(a) On or before the first day of each month beginning in July 2024
and ending in June 2054, the chief fiscal officer and the superintendent
of the district shall prepare and submit to the board of education and
monitors, so long as these roles are filled, a report of the fiscal
condition of the school district, including but not limited to the most
current available data on fund balances on funds maintained by the
school district and the district's use of the apportionments provided
pursuant to subdivisions 1 and 2 of this section.
(b) Such monthly report shall be in a format prescribed by the commis-
sioner. The board of education and monitors shall either reject and
return the report to the chief fiscal officer and the superintendent for
appropriate revisions and resubmittal or shall approve the report and
submit copies to the commissioner and the state comptroller of such
approved report as submitted or resubmitted.
(c) In the 2024-2025 through 2053-2054 school years, the chief fiscal
officer of the district shall monitor all budgets and for each budget,
shall prepare a quarterly report of summarized budget data depicting
overall trends of actual revenues and budget expenditures for the entire
budget as well as individual line items. Such report shall compare
revenue estimates and appropriations as set forth in such budget with
the actual revenues and expenditures made to date. All quarterly reports
shall be accompanied by a recommendation from the superintendent or
chief fiscal officer to the board of education setting forth any remedi-
al actions necessary to resolve any unfavorable budget variance includ-
A. 10407--A 12
ing the overestimation of revenue and underestimation of appropriations.
The chief fiscal officer shall also prepare, as part of such report, a
quarterly trial balance of general ledger accounts in accordance with
generally accepted accounting principles as prescribed by the state
comptroller. All reports shall be completed within sixty days after the
end of each quarter and shall be submitted to the chief fiscal officer
and the board of education, the state division of budget, the office of
the state comptroller, the commissioner, the chair of the assembly ways
and means committee, and the chair of the senate finance committee.
§ 15. Subparagraph 1 of paragraph e of subdivision 3 of section 3602
of the education law, as added by section 13 of part B of chapter 57 of
the laws of 2007, is amended to read as follows:
(1) The actual valuation of such district shall be divided by its
resident weighted average daily attendance as computed pursuant to this
section to determine its actual valuation per resident pupil, PROVIDED
HOWEVER THAT FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
SCHOOL YEAR AND THEREAFTER, FOR ANY SCHOOL DISTRICT WHERE RESIDENT
NONPUBLIC SCHOOL DISTRICT ENROLLMENT SHALL EXCEED RESIDENT PUBLIC SCHOOL
DISTRICT ENROLLMENT, THE ACTUAL VALUATION PER RESIDENT PUPIL SHALL BE
EQUAL TO ITS ACTUAL VALUATION DIVIDED BY THE SUM OF (I) ITS RESIDENT
WEIGHTED AVERAGE DAILY ATTENDANCE PLUS (II) ONE HALF OF THE RESIDENT
NONPUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR.
§ 16. Severability. If any provision of this act, or any application
of any provision of this act, is held to be invalid, that shall not
affect the validity or effectiveness of any other provision of this act,
or of any other application of any provision of this act, which can be
given effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 17. This act shall take effect on the sixtieth day after it shall
have become a law; provided however, that the governor, the temporary
president of the senate, and the speaker of the assembly are hereby
authorized to appoint the members of the fiscal control board on or
before such effective date. Provided, further that this act shall expire
and be deemed repealed upon expiration of the fiscal control period
pursuant to section fourteen of this act. The governor shall notify the
legislative bill drafting commission upon expiration of the fiscal
control period pursuant to section fourteen of this act in order that
the commission may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.