Senate Bill S9101

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9101
 
                             I N  S E N A T E
 
                              April 24, 2024
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend chapter 18 of the laws of 2020 authorizing  the  commis-
   sioner  of  education  to  appoint  a monitor to oversee the Wyandanch
   union free school district and establishing the powers and  duties  of
   the monitor, in relation to extending the powers of the monitor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of chapter 18 of the laws of 2020 authorizing the
 commissioner of education to appoint a monitor to oversee the  Wyandanch
 union free school district and establishing the powers and duties of the
 monitor,  is amended by adding three new subdivisions 3, 4 and 5 to read
 as follows:
   3. IN THE EVENT THAT THE MONITOR OR  MONITORS  FIND  THAT  AN  ADOPTED
 RESOLUTION  OR  MOTION,  A  PROPOSED  RESOLUTION  OR MOTION, OR THAT THE
 BOARD'S FAILURE TO ACT VIOLATES STATE LAW, THE RULES  OF  THE  BOARD  OF
 REGENTS,  THE  REGULATIONS  OF THE COMMISSIONER, OR IS INCONSISTENT WITH
 THE TERMS OF THE LONG TERM STRATEGIC  ACADEMIC  AND  FISCAL  IMPROVEMENT
 PLAN, THE MONITOR OR MONITORS MAY:
   (A)  OVERRIDE  ADOPTED OR PROPOSED RESOLUTIONS OR MOTIONS BY THE BOARD
 THROUGH THE ISSUANCE OF A DIRECTIVE WHICH  SHALL  CONTAIN  THE  SPECIFIC
 FINDINGS  AS TO THE NECESSITY OF SUCH OVERRIDE AND ANY POTENTIAL CORREC-
 TIVE ACTION BY THE BOARD THAT  WOULD  ADDRESS  THE  DEFICIENCY  IN  SUCH
 ADOPTED  OR PROPOSED RESOLUTION OR MOTION. THE MONITOR OR MONITORS SHALL
 PROVIDE WRITTEN NOTICE TO THE BOARD, 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 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 ON SUCH ADOPTED RESOLUTION OR MOTION OR, IF THE NOTICE IS PROVIDED
 PRIOR  TO  ACTION BY THE BOARD, IT SHALL REMOVE SUCH PROPOSED RESOLUTION
 OR MOTION FROM CONSIDERATION BY THE BOARD  PENDING  THE  ISSUANCE  OF  A
 DIRECTIVE  BY  THE  MONITOR  OR  MONITORS.  THE MONITOR OR MONITORS MUST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14617-02-4
 S. 9101                             2

 SUBMIT THE DIRECTIVE TO THE BOARD, SUPERINTENDENT AND  THE  COMMISSIONER
 NO LATER THAN 10 DAYS FOLLOWING NOTICE OF SUCH OVERRIDE.  UPON THE ISSU-
 ANCE  OF  A  DIRECTIVE,  THE OVERRIDE OF THE BOARD'S ADOPTED OR PROPOSED
 RESOLUTION OR MOTION SHALL BE FINAL AND CONCLUSIVE UNLESS THE MONITOR OR
 MONITORS  FAIL  TO  ISSUE  SUCH  DIRECTIVE WITHIN 10 DAYS OR WITHIN SUCH
 PERIOD ESTABLISHED  BY  THE  MONITOR  OR  MONITORS  IF  THE  PERIOD  WAS
 EXTENDED,  WITHDRAWS  SUCH  OVERRIDE,  OR THE COMMISSIONER OVERRULES THE
 MONITOR OR MONITORS' OVERRIDE WITHIN 10 DAYS  OF  THE  ISSUANCE  OF  THE
 DIRECTIVE.  THE MONITOR OR MONITORS MAY EXTEND THE PERIOD TO SUBMIT SUCH
 DIRECTIVE, AT INTERVALS OF 10 ADDITIONAL DAYS FOR EACH EXTENSION, IF THE
 BOARD, SUPERINTENDENT OR SCHOOL DISTRICT EMPLOYEES FAIL TO  PROVIDE  ALL
 RELEVANT INFORMATION REQUESTED BY THE MONITOR OR MONITORS RELATED TO THE
 ADOPTED OR PROPOSED RESOLUTION OR MOTION SUBJECT TO SUCH OVERRIDE WITHIN
 48 HOURS OF SUCH REQUEST.
   (B)  THE  RESOLUTION  SHALL BE SUBMITTED TO THE CLERK NO LATER THAN 48
 HOURS PRIOR TO THE NEXT SCHEDULED BOARD  MEETING  WHO  SHALL  CAUSE  THE
 RESOLUTION  TO  BE PLACED ON THE NEXT BOARD MEETING AGENDA AND A COPY TO
 BE ISSUED TO THE BOARD, SUPERINTENDENT AND COMMISSIONER  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 THE NEXT SCHED-
 ULED  BOARD  MEETING TO TAKE UP SUCH RESOLUTION. THE MONITOR OR MONITORS
 MAY WITHDRAW THE RESOLUTION PRIOR TO, OR DURING, THE NEXT BOARD MEETING,
 IF THE BOARD TAKES SUFFICIENT 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.
   (C)  THE MONITOR OR MONITORS SHALL NOT OVERRIDE AN ADOPTED OR PROPOSED
 RESOLUTION OR MOTION  OR  SUBMIT  A  RESOLUTION  RELATED  TO  COLLECTIVE
 BARGAINING  AGREEMENTS  NEGOTIATED  IN ACCORDANCE WITH ARTICLE 14 OF THE
 CIVIL SERVICE LAW.
   4. THE MONITOR OR  MONITORS  MAY  DIRECT  THE  BOARD,  SUPERINTENDENT,
 AND/OR  OTHER SCHOOL DISTRICT OFFICERS TO UNDERGO ANY TRAINING AS DEEMED
 NECESSARY AND PURSUANT TO TIMELINES ESTABLISHED BY THE STATE MONITOR  OR
 MONITORS.
   5.  THE  MONITOR OR MONITORS SHALL HAVE THE POWER TO APPROVE OR DISAP-
 PROVE THE APPOINTMENT OF A SUPERINTENDENT BY THE BOARD OF  EDUCATION  ON
 OR  AFTER  THE  EFFECTIVE  DATE  OF THIS ACT. THE BOARD SHALL SUBMIT THE
 RECOMMENDATION  FOR  SUPERINTENDENT  TO  THE  MONITOR  OR  MONITORS  FOR
 APPROVAL.  THE  MONITOR  OR  MONITORS  SHALL  HAVE 10 DAYS TO APPROVE OR
 DISAPPROVE THE BOARD'S RECOMMENDATION. IF AFTER SUCH PERIOD NO ACTION IS
 TAKEN BY THE MONITOR OR MONITORS, THE RECOMMENDATION FOR  SUPERINTENDENT
 SHALL BE DEEMED APPROVED.  IF THE MONITOR OR MONITORS DISAPPROVES OF THE
 APPOINTMENT,  THEN  THE  BOARD  SHALL  RECOMMEND A NEW CANDIDATE FOR THE
 MONITOR OR MONITORS TO APPROVE OR DISAPPROVE  UNTIL  AN  APPOINTMENT  IS
 APPROVED BY THE MONITOR OR MONITORS.  IN THE EVENT THAT A VACANCY OCCURS
 IN  THE POSITION OF SUPERINTENDENT DUE TO THE DISAPPROVAL OF A RECOMMEN-
 DATION, THE MONITOR OR MONITORS MAY APPOINT A CURRENT SCHOOL EMPLOYEE AS
 INTERIM SUPERINTENDENT UNTIL  A  RECOMMENDATION  FOR  SUPERINTENDENT  IS
 APPROVED.
   §  2.  Chapter 18 of the laws of 2020 authorizing the commissioner  of
 education to appoint a monitor  to  oversee  the  Wyandanch  union  free
 school  district  and establishing the powers and duties of the monitor,
 is amended by adding a new section 7-a to read as follows:
   § 7-A. ACADEMIC IMPROVEMENT PLAN. 1. NO LATER THAN NOVEMBER  1,  2024,
 THE  BOARD  OF  EDUCATION  AND  THE  MONITOR  SHALL  DEVELOP AN ACADEMIC
 S. 9101                             3
 
 IMPROVEMENT PLAN FOR THE DISTRICT'S 2024--2025 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  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 3 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 3 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,  SUCH MONITOR'S AMENDMENTS TO THE
 PLAN, AND DOCUMENTATION PROVIDING JUSTIFICATION FOR  SUCH  DISAGREEMENTS
 AND  AMENDMENTS  TO  THE COMMISSIONER NO LATER THAN DECEMBER 1, 2024. BY
 JANUARY 15, 2025, THE COMMISSIONER SHALL APPROVE THE PROPOSED PLAN  WITH
 ANY  OF  THE MONITOR'S PROPOSED AMENDMENTS, OR MAKE OTHER MODIFICATIONS,
 SUCH COMMISSIONER  DEEMS  APPROPRIATE.  THE  BOARD  OF  EDUCATION  SHALL
 PROVIDE THE COMMISSIONER WITH ANY INFORMATION SUCH COMMISSIONER REQUESTS
 TO  APPROVE  SUCH  PLAN WITHIN 3 BUSINESS DAYS OF SUCH REQUEST. UPON THE
 APPROVAL OF SUCH COMMISSIONER, THE ACADEMIC IMPROVEMENT  PLAN  SHALL  BE
 DEEMED APPROVED FOR PURPOSES OF THIS ACT.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to chapter 18 of the laws of 2020 authorizing the commis-
 sioner of education to appoint a monitor to oversee the Wyandanch  union
 free school district and establishing the powers and duties of the moni-
 tor, made by sections one and two of this act shall not affect the expi-
 ration  of  such  chapter and shall expire and be deemed repealed there-
 with.