Assembly Bill A10040A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10040--A
 
                           I N  A S S E M B L Y
 
                             January 30, 2026
                                ___________
 
 Introduced  by  M.  of  A.  TAPIA, OTIS -- read once and referred to the
   Committee on Education -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the education law, in relation to access to statewide
   teacher support and retention programs
 
   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 4411
 to read as follows:
   § 4411. ACCESS TO STATEWIDE TEACHER SUPPORT AND RETENTION PROGRAMS. 1.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "COVERED  SCHOOL"  MEANS  A SCHOOL OR PRESCHOOL RECEIVING FUNDING
 UNDER THIS ARTICLE FOR THE PROVISION OF SPECIAL EDUCATION.
   (B) "TEACHER SUPPORT AND RETENTION PROGRAM" MEANS ANY STATEWIDE INITI-
 ATIVE, POLICY, FUNDING STREAM, OR AWARD  PROGRAM  ADMINISTERED,  AUTHOR-
 IZED,  OR OVERSEEN BY THE DEPARTMENT, THE REGENTS, THE UNIVERSITY OF THE
 STATE OF NEW YORK, OR ANY OTHER STATE-AFFILIATED EDUCATIONAL ENTITY:
   (I) THAT IS DESIGNED TO:
   (1) RECRUIT INDIVIDUALS INTO THE TEACHING PROFESSION;
   (2) SUPPORT TEACHER PREPARATION, CERTIFICATION, OR LICENSURE;
   (3) PROVIDE PROFESSIONAL DEVELOPMENT, MENTORSHIP, OR CONTINUING EDUCA-
 TION;
   (4) RECOGNIZE TEACHING EXCELLENCE OR SUPPORT TEACHER LEADERSHIP;
   (5)  RETAIN  TEACHERS  IN  HIGH-NEED,  UNDERSERVED,  OR  HARD-TO-STAFF
 SCHOOLS OR SUBJECT AREAS;
   (6) PROMOTE TEACHER DIVERSITY, EQUITY, INCLUSION, AND CULTURAL RESPON-
 SIVENESS; OR
   (7)  OFFER FINANCIAL OR CAREER-BASED INCENTIVES TO ENHANCE RECRUITMENT
 AND RETENTION, INCLUDING BUT  NOT  LIMITED  TO  SCHOLARSHIPS,  STIPENDS,
 HOUSING  ASSISTANCE,  LOAN  FORGIVENESS,  TUITION REIMBURSEMENT, OR WAGE
 SUPPLEMENTS; AND
   (II) INCLUDING, BUT NOT LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14224-02-6
              

 A. 10040--A                         2
 
   (1) THE TEACHER OPPORTUNITY CORPS (TOC) UNDER SECTION  55.2  OF  TITLE
 EIGHT OF THE NEW YORK CODES, RULES AND REGULATIONS;
   (2)  THE  EMPIRE  STATE  EXCELLENCE IN TEACHING AWARDS FUNDED ANNUALLY
 UNDER NEW YORK STATE'S AID TO LOCALITIES BUDGET;
   (3) THE NEW YORK STATE MASTER TEACHER PROGRAM;
   (4) THE TEACHERS OF TOMORROW TEACHER RECRUITMENT AND RETENTION PROGRAM
 UNDER SECTION THIRTY-SIX HUNDRED TWELVE OF THIS CHAPTER;
   (5) THE ALBERT SHANKER NATIONAL BOARD FOR PROFESSIONAL TEACHING STAND-
 ARDS CERTIFICATION GRANT PROGRAM UNDER SECTION THREE THOUSAND FOUR-A  OF
 THIS CHAPTER;
   (6) THE NEW YORK STATE MENTOR TEACHER-INTERNSHIP PROGRAM UNDER SECTION
 THREE THOUSAND THIRTY-THREE OF THIS CHAPTER;
   (7) THE NEW YORK STATE MASTERS-IN-EDUCATION TEACHER INCENTIVE SCHOLAR-
 SHIP PROGRAM UNDER SECTION SIX HUNDRED SIXTY-NINE-F OF THIS CHAPTER; AND
   (8)  ANY  SUCCESSOR OR FUTURE INITIATIVE DESIGNED TO SUPPORT OR RETAIN
 QUALIFIED TEACHERS WITHIN THE STATE OF NEW YORK.
   2. ALL TEACHERS EMPLOYED BY A COVERED SCHOOL SHALL  BE  DEEMED  TO  BE
 ELIGIBLE  PARTICIPANTS  IN  ALL  TEACHER SUPPORT AND RETENTION PROGRAMS.
 SUCH ELIGIBILITY SHALL NOT BE DENIED, LIMITED, OR CONDITIONED SOLELY  ON
 THE  BASIS  THAT  SUCH  TEACHER  IS EMPLOYED BY A NON-DISTRICT SCHOOL, A
 NON-PUBLIC SCHOOL, OR A PROGRAM THAT  CONTRACTS  WITH  A  PUBLIC  AGENCY
 PURSUANT TO THIS ARTICLE.
   3. THE COMMISSIONER SHALL, NO LATER THAN ONE HUNDRED TWENTY DAYS AFTER
 THE EFFECTIVE DATE OF THIS SECTION:
   (A) UPDATE ALL RELEVANT RULES, REGULATIONS, ADMINISTRATIVE PROCEDURES,
 AND  PROGRAM  ELIGIBILITY REQUIREMENTS FOR TEACHER SUPPORT AND RETENTION
 PROGRAMS TO REFLECT INCLUSION OF TEACHERS EMPLOYED BY COVERED SCHOOLS;
   (B) ENSURE APPLICATION MATERIALS, OUTREACH EFFORTS, AND GUIDANCE DOCU-
 MENTS FOR TEACHER SUPPORT AND RETENTION PROGRAMS EXPLICITLY INCLUDE SUCH
 TEACHERS EMPLOYED BY COVERED SCHOOLS;
   (C) PROVIDE TECHNICAL ASSISTANCE  AND  OUTREACH  TO  APPROVED  COVERED
 SCHOOLS TO PROMOTE AWARENESS AND ACCESS TO TEACHER SUPPORT AND RETENTION
 PROGRAMS; AND
   (D)  INCLUDE REPRESENTATIVES OF COVERED SCHOOLS IN TEACHER SUPPORT AND
 RETENTION PROGRAM ADVISORY, DESIGN, OR EVALUATION ACTIVITIES, WHERE SUCH
 COVERED SCHOOL INPUT IS SOLICITED.
   4. (A) NOTWITHSTANDING SUBDIVISION TWO  OF  THIS  SECTION,  A  TEACHER
 SUPPORT  OR RETENTION PROGRAM MAY LIMIT ELIGIBILITY TO TEACHERS EMPLOYED
 BY PUBLIC SCHOOL DISTRICTS ONLY IF:
   (I) THE DEPARTMENT OR THE ADMINISTERING AGENCY HAS CONDUCTED AND DOCU-
 MENTED A  GOOD  FAITH  DUE  DILIGENCE  REVIEW  TO  ASSESS  WHETHER  SUCH
 PROGRAM'S LEGAL AUTHORITY, FUNDING SOURCE, OR OPERATIONAL DESIGN PERMITS
 INCLUSION OF EDUCATORS EMPLOYED BY COVERED SCHOOLS; AND
   (II)  THE DEPARTMENT DETERMINES, IN WRITING, THAT SUCH INCLUSION UNDER
 SUBPARAGRAPH (I) OF THIS  PARAGRAPH  IS  NOT  LEGALLY  OR  OPERATIONALLY
 FEASIBLE DUE TO ONE OR MORE OF THE FOLLOWING:
   (1) STATE OR FEDERAL STATUTORY RESTRICTIONS;
   (2) CONTRACTUAL OBLIGATIONS LIMITING PARTICIPATION TO DISTRICT EMPLOY-
 EES; OR
   (3)  PROGRAMMATIC  DESIGN  FEATURES  THAT  ARE INHERENTLY EXCLUSIVE TO
 PUBLIC DISTRICT-BASED EMPLOYMENT.
   (B) A SUMMARY OF ANY DETERMINATION MADE  UNDER  SUBPARAGRAPH  (II)  OF
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION, INCLUDING A STATEMENT OF REASONS,
 SHALL BE:
   (I) MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE; AND
 A. 10040--A                         3
 
   (II) SUBMITTED IN WRITING TO THE CHAIRS OF  THE  SENATE  AND  ASSEMBLY
 EDUCATION COMMITTEES WITHIN THIRTY DAYS OF SUCH DETERMINATION.
   §  2.  Section  3612  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. STATEWIDE TEACHER SUPPORT AND RETENTION PROGRAM STATUS. ANY TEACH-
 ER RECEIVING FUNDS UNDER THIS SECTION SHALL BE DEEMED TO BE A PART OF  A
 TEACHER  SUPPORT  AND  RETENTION  PROGRAM  FOR  THE  PURPOSES OF SECTION
 FORTY-FOUR HUNDRED ELEVEN OF THIS CHAPTER.
   § 3. Section 3004-a of the education law is amended by  adding  a  new
 subdivision 7 to read as follows:
   7.  ANY ELIGIBLE TEACHER RECEIVING A GRANT UNDER THIS SECTION SHALL BE
 DEEMED TO BE A PART OF A TEACHER SUPPORT AND RETENTION PROGRAM  FOR  THE
 PURPOSES OF SECTION FORTY-FOUR HUNDRED ELEVEN OF THIS CHAPTER.
   §  4.  Section  3033  of  the education law is amended by adding a new
 subdivision 7 to read as follows:
   7. ANY TEACHER INTERN PARTICIPATING IN THE PROGRAM UNDER THIS  SECTION
 SHALL  BE DEEMED TO BE A PART OF A TEACHER SUPPORT AND RETENTION PROGRAM
 FOR THE PURPOSES OF SECTION FORTY-FOUR HUNDRED ELEVEN OF THIS CHAPTER.
   § 5. Section 669-f of the education law is amended  by  adding  a  new
 subdivision 7 to read as follows:
   7. ANY ELIGIBLE STUDENT WHO RECEIVES AN AWARD UNDER THIS SECTION SHALL
 BE  DEEMED  TO  BE A PART OF A TEACHER SUPPORT AND RETENTION PROGRAM FOR
 THE PURPOSES OF SECTION FORTY-FOUR HUNDRED ELEVEN OF THIS CHAPTER.
   § 6. This act shall take effect immediately.