Senate Bill S6712A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6712--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2023
                                ___________
 
 Introduced  by Sens. JACKSON, FERNANDEZ -- read twice and ordered print-
   ed, and when printed to be committed to the Committee  on  Finance  --
   recommitted to the Committee on Finance in accordance with Senate Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT establishing a New York State Sound Basic Education Commission to
   study current educational needs and recommend  a  new  foundation  aid
   formula  which  will  provide  all  students in the state a meaningful
   opportunity for a sound basic education in a  cost  efficient  manner;
   and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. Article XI, section 1 of the New York
 state constitution guarantees all students in the state of  New  York  a
 meaningful  opportunity for a sound basic education. The legislature and
 the regents have enacted laws, regulations and standards that set  forth
 the  goals  and  educational practices that are necessary to provide all
 students with a meaningful opportunity  for  a  sound  basic  education.
 Specifically,  in 2007, the legislature adopted a foundation aid formula
 in response to the decision of the Court  of  Appeals  in  CAMPAIGN  FOR
 FISCAL  EQUITY  (CFE) V. STATE OF NEW YORK that was calculated to appro-
 priate sufficient  funding,  on  an  equitable  basis,  to  provide  all
 students  in the state a meaningful opportunity for a sound basic educa-
 tion.
   Because educational needs, standards, and practices and student  demo-
 graphics have changed substantially since 2007, particularly in light of
 the  radical educational disruption caused by the pandemic, the legisla-
 ture finds that it is necessary and appropriate to establish a  standing
 sound  basic  education  commission to analyze current educational needs
 and to recommend to the governor, the legislature and the regents, a new
 foundation aid formula that will provide sufficient funding, distributed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08937-04-4
              

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 in an equitable manner, to provide all students in the state a  meaning-
 ful opportunity for a sound basic education, effective for the 2025-2026
 school  year.  Thereafter,  in  order  to assess the workings of the new
 formula  and account for changing educational needs, the commission will
 monitor the implementation of the new foundation aid formula and provide
 recommendations to the governor, the legislature and the regents,  every
 two  years  thereafter  regarding  (a)  revisions  to the foundation aid
 formula that may be necessary  to  ensure  that  every  school  has  the
 resources  necessary  for  providing  the  opportunity for a sound basic
 education in a cost efficient manner; and  (b)  accountability  measures
 needed  to  ensure that the state's system of education finance actually
 provides a meaningful opportunity for a sound  basic  education  to  all
 students.
   §  2.    Establishment of commission. 1. There is hereby established a
 standing New York state sound basic education commission comprised of 15
 members, to be appointed as follows:
   (a) two individuals shall be appointed by the speaker of the assembly,
 at least one of whom shall be a parent of a public school student;
   (b) two individuals shall be appointed by the temporary  president  of
 the  senate,  at  least one of whom shall be a parent of a public school
 student;
   (c) one individual shall be appointed by the senate minority leader;
   (d) one individual shall be appointed by the assembly minority leader;
   (e) two individuals shall be appointed by the board of regents, one of
 whom shall be a superintendent of a school district in the state of  New
 York;
   (f)  two  individuals shall be appointed by the commissioner of educa-
 tion, one of whom shall be a teacher certified in the state of New York;
 and
   (g) five individuals shall be appointed by the governor, one  of  whom
 shall be a member of a school board in a New York state school district;
 one of whom shall be a career and technology representative; one of whom
 shall  be a representative of an education advocacy organization; one of
 whom shall be a faculty member of a university in the state of New  York
 with expertise in educational equity and school finance; and one of whom
 shall be appointed upon the recommendation of the chancellor of the city
 school district of the city of New York.
   2.  The  appointed members shall serve for staggered three-year terms.
 The members of the commission shall include at least two persons who are
 parents of public school students, in addition to the parents of  public
 school  students appointed by the speaker of the assembly and the tempo-
 rary president of the senate, one person with  expertise  regarding  the
 educational  needs of students with disabilities, one person with exper-
 tise regarding English language learners, and one person with  expertise
 about the needs of students living in poverty.
   § 3. Operations of the commission. 1. The commission shall be governed
 by  a  majority  vote, and shall annually elect a member to serve as its
 chairperson. A majority of the members of the commission  constitutes  a
 quorum  for  the  transaction  of business. The commission shall meet at
 times and places specified by the call of the chairperson or of a major-
 ity of the members of the commission. Members shall not receive  compen-
 sation  for their services but may receive reimbursement for the reason-
 able expenses incurred in carrying out their responsibilities as members
 of the commission.
   2. No member of the commission shall be disqualified from holding  any
 other  public  office  or  public employment, nor shall they forfeit any
 S. 6712--A                          3
 
 such public office or public employment by reason of  their  appointment
 pursuant to this section, notwithstanding the provisions of any general,
 special  or  local  law,  regulation, ordinance or city charter. Nothing
 contained  in  this  act  shall prohibit a member of the commission from
 receiving their salary earned by reason of their  state  employee  posi-
 tion.
   3.  The  commission shall appoint an executive director and additional
 staff personnel necessary for the performance of  its  functions.  Their
 salaries and the commission's other expenses shall be paid through annu-
 al  appropriations  by  the  legislature.  The commissioner of education
 shall furnish reasonable staff and other support  as  requested  by  the
 executive  director, and the commission and the executive director shall
 request and  receive  reasonable  assistance  from  other  state  agency
 personnel, as is necessary for the performance of its functions.
   §  4.  Development  of a new foundation aid formula. 1. The commission
 shall analyze current educational needs and determine the actual current
 costs of providing all students in the state  a  meaningful  opportunity
 for  a sound basic education and recommend to the governor, the legisla-
 ture and the regents no later than February 1, 2025,  a  new  foundation
 aid  formula  that  will  provide  sufficient funding, distributed in an
 equitable manner, to provide all students in the state  the  opportunity
 for a sound basic education, effective for the 2025-2026 school year.
   2. In determining the actual cost of providing all students a meaning-
 ful opportunity for a sound basic education and developing the new foun-
 dation aid formula the commission shall consider (a) the recommendations
 of  professional  judgment panels consisting of outstanding, experienced
 teachers, administrators, and business officials representative  of  all
 regions of the state; and (b) comments and input from the general public
 regarding  the  recommendations  of  the  professional  judgment  panels
 received from  public  engagement  forums  convened  by  the  commission
 throughout the state.
   3.  The  recommendations  of the professional judgment panels shall be
 based on the knowledge and experience  of  their  members,  evidence  of
 effective educational practices, state standards, statistical techniques
 to  determine  expenditures  per student to achieve specific performance
 targets and compliance with all programs and services  required  by  the
 state's constitution, laws and regulations.
   4.  The  commission's  report shall, among other things, summarize the
 recommendations of  the  professional  judgment  panels  and  the  input
 received  from  public  engagement  forums,  as well as the professional
 judgment and public engagement processes utilized by the commission.
   5. At the end of the 2025 legislative session, the  legislature  shall
 issue  a  report  informing  the  public  of (a) the extent to which the
 recommendations of the commission have been adopted and implemented, and
 (b) specific reasons for modifying and/or rejecting any of  the  commis-
 sion's substantive recommendations.
   §  5.  Monitoring  and biennial reports. 1. The executive director and
 staff shall, on an on-going basis, monitor the implementation of the new
 foundation aid formula  and  conduct  research  and  undertake  economic
 analyses to identify and recommend to the commission best practices that
 lead  to  high student performance and cost-efficient methods for imple-
 menting those best practices in the state's public schools.
   2. No later than September 1, 2027, and every September of each fourth
 year thereafter, the commission shall issue a report  to  the  governor,
 the legislature, and the regents that:
 S. 6712--A                          4
 
   (a)    summarizes its reviews of the implementation of the new founda-
 tion aid formula and proposes such revisions to the formula  as  may  be
 necessary  and  appropriate  to  ensure  that every school will have the
 resources necessary to provide its  students  a  meaningful  educational
 opportunity  for  a sound basic education in a cost efficient manner, as
 well as any accountability measures needed to ensure  that  the  state's
 system  of  education finance actually provides a meaningful opportunity
 for a sound basic education to all students; and
   (b) recommends for  incorporation  into  state  laws,  regulations  or
 commissioner's guidelines specific cost-efficient methods for implement-
 ing  best  practices  for  providing  all students the opportunity for a
 sound basic education.
   3. At the end of the legislative session following issuance of each of
 the biennial reports, the legislature shall issue a report informing the
 public of (a) the extent to which the recommendations of the  commission
 have  been adopted and implemented, and (b) specific reasons for modify-
 ing and/or rejecting any of  the  commission's  substantive  recommenda-
 tions.
   §  6. Major formula revisions. Beginning on January 1, 2029, and every
 four years thereafter, the commission shall analyze current  educational
 needs  and  determine the actual current costs of providing all students
 in the state a meaningful opportunity for a sound  basic  education  and
 recommend to the governor, the legislature and the regents no later than
 February  1,  2030,  and  every  four years thereafter, revisions of the
 foundation aid formula that it believes are necessary to  provide suffi-
 cient funding, distributed  in  an  equitable  manner,  to  provide  all
 students  in  the  state  the  opportunity  for a sound basic education,
 effective for the next school year. The commission's analyses,  determi-
 nations and recommendations, and the legislature's end of session report
 shall be in accordance with the provisions of section four of this act.
   §  7.  Appropriation. For the necessary and reasonable expenses of the
 sound basic education commission for the 2023-2024 school  year  through
 the   2024-2025   school  year,  there  is  hereby  appropriated  up  to
 $1,000,000, to be allocated by the commissioner of  education,  pursuant
 to  a budget submitted to the commissioner of education by the executive
 director of the commission, and approved by the commissioner  of  educa-
 tion.
   § 8.  This act shall take effect immediately. If any clause, sentence,
 subdivision,  paragraph,  section or part of this act be adjudged by any
 court of competent jurisdiction to be invalid, such judgment  shall  not
 affect,  impair  or  invalidate  the  remainder  thereof,  but  shall be
 confined in its operation to the clause,  sentence,  subdivision,  para-
 graph,  section  or part thereof directly involved in the controversy in
 which such judgment shall have been rendered.