LBD16175-02-6
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2. The monitor shall be a non-voting ex-officio member of the board of
education. The monitor shall be an individual who is not a resident,
employee of the school district or relative of a board member of the
school district at the time of such monitor's appointment.
3. The reasonable and necessary expenses incurred by the monitor while
performing such monitor's official duties shall be paid by the school
district. Notwithstanding any other provision of law, the monitor shall
be entitled to defense and indemnification by the school district to the
same extent as a school district employee.
§ 3. Meetings. 1. The monitor shall be entitled to attend all meetings
of the board, including executive sessions; provided however, such moni-
tor shall not be considered for purposes of establishing a quorum of the
board. The school district shall fully cooperate with the monitor
including, but not limited to, providing such monitor with access to any
necessary documents and records of the district including access to
electronic information systems, databases and planning documents,
consistent with all applicable state and federal statutes including, but
not limited to, Family Education Rights and Privacy Act (FERPA) (20
U.S.C. § 1232g) and section 2-d of the education law.
2. The board, in consultation with the monitor, shall adopt a conflict
of interest policy that complies with all existing applicable laws,
rules and regulations that ensures its board members and administration
act in the school district's best interest and comply with applicable
legal requirements. The conflict of interest policy shall include, but
not be limited to:
(a) a definition of the circumstances that constitute a conflict of
interest;
(b) procedures for disclosing a conflict of interest to the board;
(c) a requirement that the person with the conflict of interest not be
present at or participate in board deliberations or votes on the matter
giving rise to such conflict, provided that nothing in this subdivision
shall prohibit the board from requesting that the person with the
conflict of interest present information as background or answer ques-
tions at a board meeting prior to the commencement of deliberations or
voting relating thereto;
(d) a prohibition against any attempt by the person with the conflict
to influence improperly the deliberation or voting on the matter giving
rise to such conflict; and
(e) a requirement that the existence and resolution of the conflict be
documented in the board's records, including in the minutes of any meet-
ing at which the conflict was discussed or voted upon.
3. In the event that the monitor finds 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 regu-
lations of the commissioner, or is inconsistent with the terms of the
financial plan or academic improvement plan under this act, the monitor
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 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 forty-eight hours after such resol-
ution or motion was adopted by the board unless the commissioner has
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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. The monitor shall submit the
directive to the board, superintendent and the commissioner no later
than ten days following notice of such override. Upon the issuance of a
directive, the override of the board's adopted or proposed resolution or
motion shall be final and conclusive unless the monitor fails to issue
such directive within ten days or within such period established by the
monitor if the period was extended, withdraws such override, or the
commissioner overrules the monitor's override within ten days of the
issuance of the directive. The monitor may extend the period to submit
such directive, at intervals of ten additional days for each extension,
if the board, superintendent or school district employees fail to
provide all relevant information requested by the monitor related to the
adopted or proposed resolution or motion subject to such override within
forty-eight hours of such request.
(b) submit a resolution for adoption by the board. The resolution
shall be submitted to the clerk no later than forty-eight 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 may direct the board
to meet at a date prior to their next scheduled board meeting to take up
such resolution. The monitor 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 shall not override an adopted or proposed resolution
or motion or submit a resolution related to collective bargaining agree-
ments negotiated in accordance with article 14 of the civil service law.
(d) the monitor shall not override an adopted or proposed resolution
or motion or submit a resolution that would diminish mandated services
to non-public schools in violation of state or federal laws, rules or
regulations.
§ 4. Public hearings. 1. The monitor shall schedule three public hear-
ings to be held within sixty days of such monitor's appointment, which
shall allow public comment from the district's residents, students,
parents, employees, board members and administration.
(a) The first hearing shall take public comment on existing statutory
and regulatory authority of the commissioner, the department and the
board of regents regarding school district governance and intervention
under applicable state law and regulations, including but not limited
to, sections 306, 211-c, and 211-f of the education law.
(b) The second hearing shall take public comment on the academic
performance of the district.
(c) The third hearing shall take public comment on the fiscal perform-
ance of the district.
2. The board of education, the superintendent and the monitor shall
consider these public comments when developing the financial plan and
academic improvement plan under this act.
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§ 5. Financial plan. 1. No later than November 1, 2027, the board of
education, the superintendent and the monitor shall develop a proposed
financial plan for the 2027--2028 school year and the four subsequent
school years. The financial plan shall ensure that annual aggregate
operating expenses shall not exceed annual aggregate operating revenues
for such school year and that the major operating funds of the district
be balanced in accordance with generally accepted accounting principles,
and shall consider whether financial and budgetary functions of the
district shall be subject to a shared services agreement with the city.
The financial plan shall include statements of all estimated revenues,
expenditures, and cash flow projections of the district.
2. If the board of education and the monitor agree on all the elements
of the proposed financial plan, the board of education shall conduct a
public hearing on the plan and consider the input of the community. The
proposed financial plan shall be made public on the district's website
at least three business days before such public hearing. Once the
proposed financial 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 financial plan, the board of education shall
conduct a public hearing on the proposed plan that details the elements
of disagreement between the monitor and the board, including documented
justification for such disagreements and any requested amendments from
the monitor. The proposed financial plan, elements of disagreement, and
requested amendments shall be made public on the district's website at
least three business days before such public hearing. After considering
the input of the community, the board may alter the proposed financial
plan and the monitor may alter such monitor's requested amendments, and
the monitor shall submit the proposed financial 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, 2027. By January 15, 2028, 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 three business days of
such request. Upon the approval of the commissioner, the financial plan
shall be deemed approved for purposes of this act.
§ 6. Academic improvement plan. 1. No later than November 1, 2027, the
board of education, the superintendent and the monitor shall develop an
academic improvement plan for the district's 2027--2028 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 three 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
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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 three 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 such monitor's 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, 2027. By
January 15, 2028, 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 three business days of such request. Upon
the approval of the commissioner, the academic improvement plan shall be
deemed approved for purposes of this act.
§ 7. Fiscal and operational oversight. 1. Starting with the proposed
budget for the 2028--2029 school year, the board of education shall
annually submit the school district's proposed budget for the next
succeeding school year to the monitor no later than March first prior to
the start of such next succeeding school year. The monitor shall review
the proposed budget to ensure that it is balanced within the context of
revenue and expenditure estimates and mandated programs. The monitor
shall also review the proposed budget to ensure that it, to the greatest
extent possible, is consistent with the district academic improvement
plan and financial plan developed and approved pursuant to this act. The
monitor shall present such monitor's findings to the board of education
and the commissioner no later than forty-five days prior to the date
scheduled for the board of education's vote on the adoption of the final
budget or the last date on which the budget may be finally adopted,
whichever is sooner. The commissioner shall require the board of educa-
tion to make amendments to the proposed budget consistent with any
recommendations made by the monitor if the commissioner determines such
amendments are necessary to comply with the financial plan and academic
improvement plan under this act. The school district shall make avail-
able on the district's website: the initial proposed budget, the moni-
tor's findings, and the final proposed budget at least seven days prior
to the date of the school district's budget hearing. The board of educa-
tion shall provide the commissioner with any information such commis-
sioner requests in order to make a determination pursuant to this subdi-
vision within three business days of such request.
2. The district shall provide quarterly reports to the monitor and
annual reports to the commissioner and the board of regents on the
academic, fiscal, and operational status of the school district. In
addition, the monitor shall provide semi-annual reports to the commis-
sioner, board of regents, the governor, the temporary president of the
senate, and the speaker of the assembly on the academic, fiscal, and
operational status of the school district. Such semi-annual report
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shall include all the contracts that the district entered into through-
out the year.
3. The monitor shall have the authority to disapprove travel outside
the state paid for by the district.
4. The monitor shall work with the district's shared decision-making
committee as defined in 8 NYCRR 100.11 in developing the academic
improvement plan, financial plan, district goals, implementation of
district priorities, and budgetary recommendations.
5. The monitor shall assist in resolving any disputes and conflicts,
including but not limited to, those between the superintendent and the
board of education and among the members of the board of education.
6. The monitor may recommend, and the board shall consider by vote of
a resolution at the next scheduled meeting of the board, cost saving
measures including, but not limited to, shared service agreements.
§ 8. The commissioner may overrule any decision of the monitor, except
for collective bargaining agreements negotiated in accordance with arti-
cle 14 of the civil service law, if such commissioner deems that such
decision is not aligned with the financial plan, academic improvement
plan or school district's budget.
§ 9. The monitor may notify the commissioner and the board in writing
when such monitor deems the district is violating an element of the
financial plan or academic improvement plan in this act. Within twenty
days, the commissioner shall determine whether the district is in
violation of any of the elements of the financial plan or academic
improvement plan highlighted by the monitor and shall order the district
to comply immediately with the plan and remedy any such violation. The
school district shall suspend all actions related to the potential
violation of the financial plan or academic improvement plan until the
commissioner issues a determination.
§ 10. Nothing in this act shall be construed to abrogate the duties
and responsibilities of the school district consistent with applicable
state law and regulations.
§ 11. The Buffalo city 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 2026-2027 through 2055-2056 upon application to the
commissioner of education submitted not sooner than the second Monday in
June of the school year in which such aid is payable and not later than
the Friday following the third Monday in June of the school year in
which such aid is payable, or ten days after the effective date of this
act, whichever shall be later, provided, however, that for the 2026-2027
school year such application shall be no later than May 11, 2027, the
Buffalo city school district shall be eligible to receive an apportion-
ment pursuant to this act in an amount equal to the product of thirty-
five million dollars ($35,000,000) and the quotient of the positive
difference of thirty minus the number of school years elapsed since the
2026-2027 school year divided by thirty, provided, however, that for the
2026-2027 school year such apportionment shall be paid to the Buffalo
city school district no later than May 20, 2027.
(2) Funds apportioned pursuant to this subdivision shall be used for
services and expenses of the Buffalo city school district and shall be
applied to support of its educational programs and any liability
incurred by such city school district in carrying out its functions and
responsibilities under the education law.
b. The claim for an apportionment to be paid to the Buffalo city
school district pursuant to subdivision a of this section shall be
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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 June
thirtieth 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 in the state
lottery fund appropriated for general support of public schools and from
the general fund to the extent that the amount paid to the Buffalo city
school district pursuant to this subdivision and subdivision a of this
section exceeds the amount of the moneys apportioned, if any, for gener-
al support for public schools due such school district pursuant to
section 3609-a of the education law on or before September first of such
school year.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to the Buffalo city school
district during the base 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 1, 2, 3, 4 and 5 of paragraph a of
subdivision 1 of section 3609-a of the education law in the following
order: the lottery apportionment payable pursuant to subparagraph 2 of
such paragraph followed by the fixed fall payments payable pursuant to
subparagraph 4 of such paragraph, and any remainder to be deducted from
the individualized payments due to the district pursuant to paragraph b
of such subdivision 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 Buffalo city 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 such
section 3609-a 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 2027
and ending in June 2057, the chief fiscal officer and the superintendent
of schools of the Buffalo city school district shall prepare and submit
to the board of education a report of the fiscal condition of the school
district, including but not limited to the most current available data
on fund balances on funds maintained by the school district and the
district's use of the apportionments 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 shall either reject and
return the report to the chief fiscal officer and the superintendent of
schools 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 2026-2027 through 2055-2056 school years, the chief fiscal
officer of the Buffalo city school district shall monitor all budgets
and for each budget, shall 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
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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 of schools or chief fiscal officer to the board
of education setting forth any remedial actions necessary to resolve any
unfavorable budget variance including the overestimation 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 princi-
ples 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 of the
Buffalo city school district, 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.
§ 12. This act shall take effect immediately, provided, however, that
sections two, three, four, five, six, seven, eight, nine and ten of this
act shall expire and be deemed repealed June 30, 2030; and provided
further, however, that sections one and eleven of this act shall expire
and be deemed repealed June 30, 2056.