The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3408
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education  law,  in  relation  to  establishing  the
   bilingual  teachers  of  tomorrow  teacher  recruitment  and retention
   program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The education law is amended by adding a new section 3615
 to read as follows:
   §  3615.  BILINGUAL  TEACHERS  OF  TOMORROW  TEACHER  RECRUITMENT  AND
 RETENTION  PROGRAM. 1. DEFINITIONS. A. THE TERM "SCHOOL WITH A BILINGUAL
 TEACHER SHORTAGE" MEANS A PUBLIC SCHOOL IN WHICH THERE WAS A SHORTAGE OF
 BILINGUAL, CERTIFIED TEACHERS IN THE PREVIOUS SCHOOL YEAR AND THERE IS A
 PROJECTED SHORTAGE IN THE CURRENT  SCHOOL  YEAR  AS  DETERMINED  BY  THE
 COMMISSIONER.
   B. THE TERM "BILINGUAL, CERTIFIED TEACHER" MEANS A TEACHER WHO HOLDS A
 PERMANENT  OR PROFESSIONAL STATE TEACHING CERTIFICATE APPROPRIATE TO THE
 TEACHING POSITION, INCLUDING THE SUBJECT AREA IF APPLICABLE, IN WHICH HE
 OR SHE IS TO BE EMPLOYED AND WHO IS FULLY QUALIFIED TO TEACH IN A BILIN-
 GUAL EDUCATION PROGRAM.
   C. THE TERM  "SCHOOL  DISTRICT"  SHALL  MEAN  A  COMMON,  UNION  FREE,
 CENTRAL, CENTRAL HIGH SCHOOL, OR CITY SCHOOL DISTRICT.
   D. THE TERM "BOARD OF EDUCATION" SHALL MEAN THE GOVERNING BOARD OF ANY
 PUBLIC  SCHOOL  OR PUBLIC SCHOOL DISTRICT DEFINED IN PARAGRAPH C OF THIS
 SUBDIVISION.
   E. THE TERM "YEAR OF SERVICE" SHALL  MEAN  TEN  MONTHS  OF  CONTINUOUS
 FULL-TIME SERVICE AS A TEACHER DURING A SCHOOL YEAR, GENERALLY OCCURRING
 BETWEEN SEPTEMBER FIRST AND JUNE THIRTIETH.
   2.  APPLICATION  AND  FUNDING.  A.  GRANTS  SHALL  BE  MADE  TO SCHOOL
 DISTRICTS FOR BILINGUAL, CERTIFIED  TEACHER  RECRUITMENT  AND  RETENTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02342-04-3
 S. 3408                             2

 
 ACTIVITIES  NECESSARY  TO  INCREASE  THE  NUMBER OF BILINGUAL, CERTIFIED
 TEACHERS IN SCHOOLS WITH A BILINGUAL TEACHER SHORTAGE.
   B. SUCH GRANTS SHALL BE AWARDED TO SCHOOL DISTRICTS, WITHIN THE LIMITS
 OF FUNDS APPROPRIATED THEREFOR, THROUGH A COMPETITIVE PROCESS THAT TAKES
 INTO CONSIDERATION THE MAGNITUDE OF ANY SHORTAGE OF BILINGUAL, CERTIFIED
 TEACHERS  IN  THE  SCHOOL DISTRICT, THE FISCAL CAPACITY OF THE DISTRICT,
 AND THE NUMBER OF NEW BILINGUAL, CERTIFIED TEACHERS THE SCHOOL  DISTRICT
 INTENDS  TO  HIRE IN THE COMING SCHOOL YEAR. GRANTS PROVIDED PURSUANT TO
 THIS SECTION SHALL BE USED ONLY FOR  THE  PURPOSES  ENUMERATED  IN  THIS
 SECTION.
   C. NOT MORE THAN SIXTY PERCENT OF THE FUNDS ALLOCATED PURSUANT TO THIS
 SECTION SHALL BE MADE AVAILABLE TO ANY ONE SCHOOL DISTRICT.
   D.  ANY SCHOOL DISTRICT RECEIVING FUNDS UNDER THIS SECTION SHALL MAIN-
 TAIN ANY LOCAL EFFORT IN THE CURRENT YEAR EQUIVALENT TO SUCH  EFFORT  IN
 THE  BASE  YEAR  FOR  ANY  LOCAL  PROGRAM  RELATED TO THE RECRUITMENT OR
 RETENTION OF TEACHERS OR ANY PROGRAM THAT HAS PURPOSES THAT ARE  SIMILAR
 TO  ANY  PURPOSE  OF  THIS SECTION OR THE DISTRICT SHALL PROVIDE A LOCAL
 MATCH TO STATE FUNDS RECEIVED PURSUANT  TO  THIS  SECTION.  STATE  FUNDS
 PROVIDED PURSUANT TO THIS SECTION SHALL NOT SUPPLANT LOCAL FUNDS FOR ANY
 PURPOSE SIMILAR TO THE PURPOSES OF THIS SECTION.
   E.  APPLICATIONS  BY  A  SCHOOL  DISTRICT FOR FUNDING PURSUANT TO THIS
 SECTION SHALL BE FILED WITH THE COMMISSIONER, IN A  FORM  DETERMINED  BY
 THE  COMMISSIONER,  BY  JUNE FIRST OF THE BASE YEAR AND SCHOOL DISTRICTS
 SHALL BE NOTIFIED OF THEIR GRANT AWARD BY JUNE  THIRTIETH  OF  THE  BASE
 YEAR,  PROVIDED THAT IN ANY YEAR SUCH APPLICATION AND AWARD DATES MAY BE
 MODIFIED BY THE COMMISSIONER FOR THE REASONABLE  ADMINISTRATION  OF  THE
 PROGRAM.  SUCH  APPLICATION  SHALL INCLUDE A PLAN BY THE SCHOOL DISTRICT
 FOR THE EXPENDITURE OF THE FUNDS IN EACH CATEGORY OF ALLOWABLE  EXPENSES
 AUTHORIZED  BY  SUBDIVISION THREE OF THIS SECTION, AND SUCH EXPENDITURES
 SHALL BE CONSISTENT WITH SUCH PLAN AND THE PROVISIONS OF THIS SECTION.
   F. A PERSON RECEIVING AN AWARD PURSUANT TO  ANY  SUBDIVISION  OF  THIS
 SECTION  SHALL NOT BE ELIGIBLE FOR AN AWARD PURSUANT TO ANY OTHER SUBDI-
 VISION OF THIS SECTION IN A SCHOOL YEAR.
   3.  BILINGUAL  TEACHERS  OF  TOMORROW  TEACHER  RECRUITMENT  INCENTIVE
 PROGRAM.    BILINGUAL TEACHERS OF TOMORROW TEACHER RECRUITMENT INCENTIVE
 AWARDS MAY BE AVAILABLE TO TEACHERS PURSUANT TO THE PROVISIONS  OF  THIS
 SUBDIVISION  TO  ATTRACT TEACHERS TO EMPLOYMENT IN SCHOOLS WITH A BILIN-
 GUAL TEACHER SHORTAGE.
   A. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS  SUBDIVI-
 SION, AN APPLICANT SHALL:
   (1) BE A BILINGUAL, CERTIFIED TEACHER;
   (2)  AGREE  TO A SERVICE OBLIGATION OF ONE YEAR OF SERVICE IN A SCHOOL
 WITH A BILINGUAL TEACHER SHORTAGE AS A CONDITION OF RECEIVING  AN  AWARD
 PURSUANT TO THIS SUBDIVISION; AND
   (3)  BE  EMPLOYED FOR THE FIRST TIME AS A BILINGUAL, CERTIFIED TEACHER
 IN THE SCHOOL DISTRICT.
   B. APPLICATION AND SELECTION. (1) THE BOARD OF EDUCATION SHALL  DETER-
 MINE  THE FORM OF THE APPLICATION AND THE APPLICATION PROCESS FOR TEACH-
 ERS DEEMED ELIGIBLE FOR THE AWARD, AND SHALL IN  ITS  DISCRETION  SELECT
 THE  NUMBER OF ELIGIBLE APPLICANTS WHO WILL RECEIVE AN AWARD PURSUANT TO
 THIS SUBDIVISION.
   (2) IF THE NUMBER OF ELIGIBLE APPLICANTS EXCEEDS THE NUMBER OF  AWARDS
 DETERMINED  BY  THE  BOARD  PURSUANT TO THIS SUBDIVISION, THEN THE BOARD
 SHALL USE AN OBJECTIVE COMPETITIVE PROCESS BASED ON  EDUCATIONAL  QUALI-
 FICATIONS TO DETERMINE WHICH ELIGIBLE APPLICANTS SHALL RECEIVE AWARDS.
 S. 3408                             3
 
   C.  PAYMENT  OF  AWARDS.  (1) ANNUAL AWARDS FROM STATE AND LOCAL FUNDS
 PROVIDED FOR THIS PURPOSE SHALL BE PAID BY THE BOARD OF EDUCATION TO THE
 AWARD RECIPIENT. AWARD RECIPIENTS SHALL BE ENTITLED  TO  RECEIVE  AWARDS
 PURSUANT  TO THE PROVISIONS OF THIS SUBDIVISION AND SUCH AWARDS SHALL BE
 IN ADDITION TO AND NOT PART OF ANY AWARD RECIPIENT'S BASE SALARY.
   (2)  THE  INITIAL ANNUAL AWARD SHALL BE TEN THOUSAND DOLLARS, AND SUCH
 INITIAL AWARD MAY BE RENEWABLE EACH YEAR, FOR  UP  TO  THREE  ADDITIONAL
 YEARS,  PROVIDED  THAT  THE RECIPIENT AGREES TO ONE YEAR OF SERVICE AS A
 FULL-TIME BILINGUAL, CERTIFIED  TEACHER  IN  SCHOOLS  WITH  A  BILINGUAL
 TEACHER  SHORTAGE  FOR  EACH  YEAR  OF  A RENEWED AWARD AND HAS PROVIDED
 SATISFACTORY SERVICE IN ANY PRIOR YEAR IN WHICH AN  INITIAL  OR  RENEWED
 AWARD  WAS  GRANTED  TO  THE RECIPIENT. NO AWARDS SHALL BE MADE FOR LESS
 THAN ONE SCHOOL YEAR OF SERVICE AND THE SUM OF ANY INITIAL  AND  RENEWED
 AWARDS SHALL NOT EXCEED FORTY THOUSAND DOLLARS.
   AWARDS  MADE  PURSUANT  TO THIS SUBDIVISION SHALL BE USED TO REIMBURSE
 ANY EDUCATIONAL COSTS, INCLUDING THOSE FOR WHICH STUDENT LOANS MAY  HAVE
 BEEN  TAKEN, INCURRED BY THE RECIPIENT PRIOR TO RECEIPT OF THE AWARD FOR
 CERTIFICATION AS A TEACHER IN THE PUBLIC SCHOOLS OF THE STATE.
   (3) THE BOARD OF EDUCATION SHALL DEVELOP AND  SECURE  FROM  THE  AWARD
 RECIPIENT  A  WRITTEN  AGREEMENT  OUTLINING THE SERVICE OBLIGATION. SUCH
 AGREEMENT SHALL INCLUDE PROVISIONS FOR THE RECIPIENT TO REPAY THE AMOUNT
 OF THE AWARD TO THE SCHOOL DISTRICT IF THE RECIPIENT FAILS  TO  COMPLETE
 HIS  OR  HER  SERVICE OBLIGATION IN ANY YEAR WHERE AN INITIAL OR RENEWED
 AWARD IS GRANTED, AND SUCH REPAID AMOUNTS SHALL  BE  DEDUCTED  FROM  ANY
 GRANT  AMOUNTS  DUE  TO  THE  DISTRICT  FROM  THE STATE PURSUANT TO THIS
 SECTION.  UPON A WRITTEN APPEAL BY AN  AWARD  RECIPIENT,  THE  BOARD  OF
 EDUCATION,  IN  ITS  DISCRETION,  MAY  PROVIDE  A  WAIVER  OF  REPAYMENT
 PROVISIONS FOR AN AWARD RECIPIENT WHO  FAILS  TO  COMPLETE  HIS  OR  HER
 SERVICE  REQUIREMENT  FOR  DOCUMENTED  REASONS OF HEALTH OR OTHER SEVERE
 HARDSHIP, AS DETERMINED BY THE COMMISSIONER.
   D. NOTIFICATION. THE BOARD OF EDUCATION SHALL NOTIFY  BOTH  SUCCESSFUL
 AND  UNSUCCESSFUL  APPLICANTS  BY SEPTEMBER FIRST OF ANY SCHOOL YEAR FOR
 WHICH AN INITIAL OR RENEWED AWARD IS PROVIDED TO  TEACHERS  PURSUANT  TO
 THIS SUBDIVISION.
   4.  REPORTING.  BY  NOVEMBER  FIRST  FOLLOWING  THE COMPLETION OF EACH
 SCHOOL YEAR, THE COMMISSIONER SHALL  REPORT  TO  THE  GOVERNOR  AND  THE
 LEGISLATURE   REGARDING  THE  BILINGUAL  TEACHERS  OF  TOMORROW  TEACHER
 RECRUITMENT AND RETENTION PROGRAM. SUCH REPORT SHALL LIST THE AMOUNT  OF
 EACH SCHOOL DISTRICT'S TOTAL GRANT PURSUANT TO THIS SECTION, THE USES OF
 THE  GRANT,  AND  THE  NUMBER OF AWARDS GRANTED BY TYPE PURSUANT TO THIS
 SECTION, AS WELL AS AN ANALYSIS OF THE EFFECTIVENESS OF THE  PROGRAM  IN
 RECRUITING AND RETAINING BILINGUAL, CERTIFIED TEACHERS IN SCHOOLS WITH A
 BILINGUAL TEACHER SHORTAGE IN THE STATE.
   § 2. This act shall take effect immediately.