Senate Bill S9833

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9833
 
                             I N  S E N A T E
 
                               June 3, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT in relation to apportioning funds  to  the  East  Ramapo  central
   school district for services and expenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   Legislative intent.  The  legislature  hereby  finds  and
 declares that the East Ramapo central school district is facing a fiscal
 crisis.  As  a  result  of  the repeated failure to adopt a budget which
 meets the basic needs of its public school students, the district  faces
 a  substantial budgetary shortfall. Absent legislative intervention, the
 district is at risk of being unable  to  pay  its  staff,  and  students
 attending the public schools in the district will suffer. In recognition
 of this failure, the legislature hereby provides the East Ramapo central
 school  district  with  an accelerated payment of twenty million dollars
 ($20,000,000) to provide the funds necessary for the  district  to  meet
 its payroll obligations. The district shall utilize the funds solely for
 the  benefit  of  the  public school students within the district. Addi-
 tionally, the legislature orders the district to increase  its  property
 tax levy for the 2024-2025 school year by not less than one percent. The
 monitors  appointed  to oversee the school district are called to ensure
 that the increased resources are used solely  for  the  benefit  of  the
 public  schools.  Should the East Ramapo central school district fail to
 meet any of the requirements contained herein, the legislature will move
 to implement a fiscal control board pursuant to legislative bill  number
 A. 10407-A of 2023.
   §  2.  The  East  Ramapo  central  school district shall be paid on an
 accelerated schedule as follows:
   (a) (1) 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 ten days after the effective date of  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15806-05-4
 S. 9833                             2
 
 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 twenty million dollars ($20,000,000)  and
 the  quotient  of  the positive difference of thirty minus the number of
 school years elapsed since the 2024-2025 school year divided by thirty.
   (2) 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.  Such funds shall be
 utilized to supplement, not supplant, funding for the educational oppor-
 tunities of students attending the public schools in the  district.  The
 monitor  team  established  pursuant  to chapter 173 of the laws of 2021
 shall certify to the commissioner  of  education  that  such  funds  are
 utilized  pursuant  to  this  paragraph. In no event shall such funds be
 utilized to increase spending for students  who  do  not  attend  public
 school.
   (b)  The  claim  for  an  apportionment  to be paid to the East Ramapo
 central school district pursuant to  subdivision  (a)  of  this  section
 shall be submitted to the commissioner of education 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 (a) of this section, such approved amount shall  be  payable
 on  or  before  July thirty-first of such school year upon the audit and
 warrant of the state comptroller on vouchers certified  or  approved  by
 the  commissioner  of  education  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.
   (c)  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 (a) and
 (b) 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
 paragraph a of subdivision 1 of section 3609-a of the education law, and
 any remainder to be deducted from the individualized payments due to the
 district pursuant to paragraph b of subdivision 1 of section  3609-a  of
 the  education  law  shall be deducted on a chronological basis starting
 with the earliest payment due the district.
   (d) 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 (a) and (b) 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
 section 3609-a of the education law for the purposes  of  computing  any
 adjustments to such aids that may occur in a subsequent school year.
   (e)  (1)  On  or  before the first day of each month beginning in July
 2024 and ending in June 2054, the chief fiscal officer  and  the  super-
 intendent  of  schools  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
 S. 9833                             3
 
 limited  to  the  most  current available data on fund balances on funds
 maintained by the school district and the district's use of  the  appor-
 tionments provided pursuant to subdivisions (a) and (b) of this section.
   (2) Such monthly report shall be in a format prescribed by the commis-
 sioner  of  education.  The board of education and monitors shall either
 reject and return the report to the chief fiscal officer and the  super-
 intendent for appropriate revisions and resubmittal or shall approve the
 report  and submit copies to the commissioner of education and the state
 comptroller of such approved report as submitted or resubmitted.
   (3) In the 2024-2025 through 2053-2054 school years, the chief  fiscal
 officer  of  the district shall monitor all budgets and for each budget,
 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 remedial actions
 necessary to resolve any unfavorable budget variance including the over-
 estimation 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 of education, the chair  of  the  assembly
 ways and means committee, and the chair of the senate finance committee.
   §  3.  The  East  Ramapo  central school district shall be required to
 adopt a property tax levy for the 2024-2025 school year in an amount not
 less than one percent  greater  than  the  property  tax  levy  for  the
 2023-2024  school  year.  Such  additional revenues shall be utilized to
 supplement, not supplant, funding for the educational  opportunities  of
 students  attending the public schools in the district. The monitor team
 established pursuant to chapter 173 of the laws of 2021 shall certify to
 the commissioner of education that the additional revenues are  utilized
 pursuant  to  this  section.  In  no  event shall additional revenues be
 utilized to increase spending for students  who  do  not  attend  public
 school.
   §  4.  The commissioner of education shall appoint a community liaison
 to serve the interests of the public school community.    The  community
 liaison  shall  serve  as a point of contact between the board of educa-
 tion, the monitor team established pursuant to chapter 173 of  the  laws
 of 2021, and the community. The liaison shall have cultural and linguis-
 tic  competency  specific  to the population of students enrolled in the
 public schools, and meet the requirements of section 2102 of the  educa-
 tion law. The liaison shall have the authority to work directly with the
 superintendent of the district and the monitors. The liaison shall serve
 at  the  pleasure of the commissioner of education.  If the commissioner
 of education determines the liaison appointed pursuant to  this  section
 no  longer  represents the interests of the public school community, the
 commissioner of education shall have the authority to remove  the  liai-
 son.  Upon  removal  by  the commissioner of education or upon any other
 vacancy of the position of the liaison, the  commissioner  of  education
 shall fill the vacancy of the liaison pursuant to this section. The East
 Ramapo  central  school district shall make an amount equal to up to two
 S. 9833                             4
 
 hundred fifty thousand dollars ($250,000) available for  the  reasonable
 and necessary expenses of the liaison while performing the liaison offi-
 cial  duties.  Notwithstanding  any  other provision of law, the liaison
 shall  be entitled to defense and indemnification by the school district
 to the same extent as a school district employee.
   § 5. This act shall take effect immediately.