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SECTION 305
General powers and duties
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 7
§ 305. General powers and duties. The commissioner of education is
hereby charged with the following powers and duties:

1. He is the chief executive officer of the state system of education
and of the board of regents. He shall enforce all general and special
laws relating to the educational system of the state and execute all
educational policies determined upon by the board of regents.

2. He shall have general supervision over all schools and institutions
which are subject to the provisions of this chapter, or of any statute
relating to education, and shall cause the same to be examined and
inspected, and shall advise and guide the school officers of all
districts and cities of the state in relation to their duties and the
general management of the schools under their control. Additionally, he
shall cause to be prepared and distributed to school officers of all
districts, nonpublic schools and cities of the state timely notice as to
alternate sources of funding for specific programs or purposes such as,
but not limited to, grants to be awarded on the basis of competitive
proposals by state or federal agencies or from an approved private
source. Such notice shall include information as to proposal submission
deadlines, eligibility standards and other relevant information to
assist school officers in making application for such alternate sources
of funding. The commissioner shall not be liable for any damages
resulting from failure to give notice under this subdivision.

3. He shall have general supervision of industrial schools, trade
schools and schools of agriculture, mechanic arts and home making; he
shall prescribe regulations governing the licensing of the teachers
employed therein; and he is hereby authorized, empowered and directed to
provide for the inspection of such schools, to take necessary action to
make effectual the provisions therefor, and to advise and assist boards
of education in the several cities and school districts in the
establishment, organization and management of such schools.

4. He shall also have general supervision over the state teachers
colleges and state colleges for teachers which have been, or which may
hereafter be, established as required by the provisions of this chapter.

5. He shall be ex officio a trustee of Cornell university.

6. He shall be responsible for the safe keeping and proper use of the
department and university seal and of the books, records and other
property in charge of the regents, and for the proper administration and
discipline of the various officers and divisions of the education
department.

7. The commissioner may annul upon cause shown to his or her
satisfaction any certificate of qualification granted to a teacher by
any authority whatever or declare any diploma issued by a state teachers
college and state colleges for teachers ineffective and null as a
qualification to teach a public school within this state, and the
commissioner may reconsider and reverse his or her action in any such
matter. In a proceeding brought pursuant to this subdivision on charges
against a certified teacher, the commissioner shall also be authorized
to impose as a penalty:

a. suspension of a teaching certificate or license:

(1) wholly for a fixed period of time; or

(2) partially, until the teacher successfully completes a course of
retraining in the area to which the suspension applies; or

(3) wholly, until the teacher successfully completes a course of
therapy or treatment;

b. limitation of the scope of a teaching certificate through
revocation of an extension to teach additional subjects or grades;

c. a fine not to exceed five thousand dollars; or

d. a requirement that the teacher pursue a course of continuing
education or training.

The attorney general shall, at the request of the commissioner or the
director of the division of the budget, bring an action in the name of
the people of the state of New York to enforce and collect any fine
imposed pursuant to this subdivision. In any such action, the findings
and determination of the hearing officer or hearing panel or of the
commissioner shall be admissible evidence and shall be conclusive proof
of the violation and the penalty assessed. For purposes of this
subdivision, the term "teacher" shall mean any professional educator
holding a teaching certificate or license, including but not limited to
a classroom teacher, teaching assistant, pupil personnel services
professional, school administrator or supervisor or superintendent of
schools.

7-a. a. In addition to the authority to revoke and annul a certificate
of qualification of a teacher in a proceeding brought pursuant to
subdivision seven of this section, the commissioner shall be authorized,
and it shall be his or her duty, to revoke and annul in accordance with
this subdivision the teaching certificate of a teacher convicted of a
sex offense for which registration as a sex offender is required
pursuant to article six-C of the correction law or of any other violent
felony offense or offenses committed against a child when such child was
the intended victim of such offense.

b. As used in this subdivision, the following terms shall have the
following meanings:

(1) "conviction" means any conviction whether by plea of guilty or
nolo contendere or from a verdict after trial or otherwise;

(2) "sex offense" means an offense set forth in subdivision two or
three of section one hundred sixty-eight-a of the correction law,
including an offense committed in any jurisdiction for which the
offender is required to register as a sex offender in New York;

(3) "teacher" means any professional educator holding a teaching
certificate as defined in subparagraph four of this paragraph, including
but not limited to a classroom teacher, teaching assistant, pupil
personnel services professional, school administrator or supervisor or
superintendent of schools;

(4) "teaching certificate" means the certificate or license or other
certificate of qualification granted to a teacher by any authority
whatsoever; and

(5) "violent felony offense" means any offense as defined in
subdivision one of section 70.02 of the penal law.

c. Upon receipt of a certified copy of a criminal history record
showing that a teacher has been convicted of a sex offense or sex
offenses or a violent felony offense or offenses committed against a
child when such child was the intended victim of such offense or upon
receipt of notice of such a conviction as provided in paragraph d of
this subdivision, the commissioner shall automatically revoke and annul
the teaching certificate of such teacher without the right to a hearing.
The commissioner shall mail notice of the revocation and annulment
pursuant to this subdivision by certified mail, return receipt
requested, and by first-class mail directed to the teacher at such
teacher's last known address and, if different, the last address filed
by the certificate holder with the commissioner and to the teacher's
counsel of record in the criminal proceeding as reported in the notice
pursuant to paragraph d of this subdivision. Such notice shall inform
the teacher that his or her certificate has been revoked and annulled,
identify the sex offense or sex offenses or violent felony offense or
offenses committed against a child when such child was the intended
victim of such offense of which the teacher has been convicted and shall
set forth the procedure to follow if the teacher denies he or she is the
person who has been so convicted. If such teacher notifies the
commissioner in writing within twenty-five days after the date of
receipt of the notice that he or she is not the same person as the
convicted offender identified in the criminal record or identified
pursuant to paragraph d of this subdivision, provides proof to
reasonably support such claim and the commissioner is satisfied the
proof establishes such claim, the commissioner shall, within five
business days of the receipt of such proof, restore such teacher's
teaching certificate retroactive to the date of revocation and
annulment.

d. Upon conviction of a teacher of a sex offense defined in this
subdivision, the district attorney or other prosecuting authority who
obtained such conviction shall provide notice of such conviction to the
commissioner identifying the sex offense or sex offenses or violent
felony offense or offenses committed against a child when such child was
the intended victim of such offense of which the teacher has been
convicted, the name and address of such offender and other identifying
information prescribed by the commissioner, including the offender's
date of birth and social security number, to the extent consistent with
federal and state laws governing personal privacy and confidentiality of
information. Such notice shall also include the name and business
address of the offender's counsel of record in the criminal proceeding.

e. Upon receipt of proof that the conviction or convictions that
formed the basis for revocation and annulment of the teacher's teaching
certificate pursuant to this subdivision have been set aside upon appeal
or otherwise reversed, vacated or annulled, the commissioner shall be
required to conduct a due process hearing pursuant to subdivision seven
of this section and part eighty-three of title eight of the New York
codes, rules and regulations prior to making a determination as to
whether to reinstate the teacher's original teaching certificate. Such
determination shall be made within ninety days after such proof has been
received.

f. Except as provided in paragraph g of this subdivision, and
notwithstanding any other provision of law to the contrary, a teacher
shall be reinstated to his or her position of employment in a public
school, with full back pay and benefits from the date his or her
certificate was revoked or annulled to the date of such reinstatement,
under the following circumstances:

(i) The termination of employment was based solely on the conviction
of a sex offense, or conviction of a violent felony offense or offenses
committed against a child when such child was the intended victim of
such offense or the revocation or annulment of a certificate based on
such conviction, and such conviction has been set aside on appeal or
otherwise reversed, vacated or annulled and the commissioner has
reinstated the teacher's certification pursuant to paragraph e of this
subdivision; or

(ii) The termination of employment was based solely on the conviction
of a sex offense or violent felony offense or offenses committed against
a child when such child was the intended victim of such offense and it
has been determined that the teacher is not the same person as the
convicted offender.

g. If a teacher's employment was terminated as a result of a
disciplinary proceeding conducted pursuant to section three thousand
twenty-a of this chapter or other disciplinary hearing conducted
pursuant to any collective bargaining or contractual agreement on one or
more grounds other than conviction of a sex offense, or the revocation
or annulment of a certificate based on such conviction, then nothing in
paragraph f of this subdivision shall require a school district to
reinstate employment of such teacher or be liable for back pay or
benefits.

h. No provision of this article shall be deemed to preclude the
following: (i) the commissioner from conducting a due process hearing
pursuant to subdivision seven of this section and part eighty-three of
title eight of the New York codes, rules and regulations; or (ii) a
school district or employing board from bringing a disciplinary
proceeding pursuant to section three thousand twenty-a or three thousand
twenty-b of this chapter; or (iii) a school district or employing board
from bringing an alternative disciplinary proceeding conducted pursuant
to a collective bargaining or contractual agreement.

i. The commissioner shall be authorized to promulgate any regulations
necessary to implement the provisions of this subdivision.

7-b. a. In addition to the authority to revoke and annul a certificate
of qualification of a teacher in a proceeding brought pursuant to
subdivisions seven and seven-a of this section, the commissioner shall
be authorized, and it shall be his or her duty, to revoke and annul in
accordance with this subdivision the certificate of a school
administrator or supervisor convicted of an offense listed under
subparagraph two of paragraph b of this subdivision.

b. As used in this subdivision, the following terms shall have the
following meanings:

(1) "conviction" means any conviction whether by plea of guilty or
nolo contendere or from a verdict after trial or otherwise;

(2) "offense" means defrauding the government as defined in section
195.20 of the penal law, and any such offense in any other jurisdiction
which includes all of the elements of such felony and for which a
sentence to a term of imprisonment in excess of one year was authorized
and is authorized in such state, irrespective of whether such sentence
was imposed;

(3) "school administrator or supervisor" means any professional school
district administrator, school administrator or supervisor, or school
business administrator holding a certificate as defined in subparagraph
four of this paragraph; and

(4) "certificate" means the certificate or license or other
certificate of qualification granted to qualify an individual to serve
as a school administrator or supervisor by any authority whatsoever.

c. Upon receipt of a certified copy of a criminal history record
showing that a school administrator or supervisor has been convicted of
an offense as defined in subparagraph two of paragraph b of this
subdivision or upon receipt of notice of such a conviction as provided
in paragraph d of this subdivision, the commissioner shall automatically
revoke and annul the certificate of such school administrator or
supervisor without the right to a hearing. The commissioner shall mail
notice of the revocation pursuant to this subdivision by certified mail,
return receipt requested, and by first-class mail directed to the school
administrator's or supervisor's last known address and, if different,
the last address filed by the certificate holder with the commissioner
and to the school administrator's or supervisor's counsel of record in
the criminal proceeding as reported in the notice pursuant to paragraph
d of this subdivision. Such notice shall inform the school administrator
or supervisor that his or her certificate has been revoked and annulled,
identify the offense of which the school administrator or supervisor has
been convicted and shall set forth the procedure to follow if the school
administrator or supervisor denies he or she is the person who has been
so convicted. If such school administrator or supervisor notifies the
commissioner in writing within twenty-five days after the date of
receipt of the notice that he or she is not the same person as the
convicted offender identified in the criminal record, or identified
pursuant to paragraph d of this subdivision, provides proof to
reasonably support such claim and the commissioner is satisfied the
proof establishes such claim, the commissioner shall, within five
business days of the receipt of such proof, restore such school
administrator's or supervisor's teaching certificate retroactive to the
date of revocation and annulment.

d. Upon conviction of a school administrator or supervisor of an
offense defined in subparagraph two of paragraph b of this subdivision,
the district attorney or other prosecuting authority who obtained such
conviction shall provide notice of such conviction to the commissioner
identifying the offense of which the school administrator or supervisor
has been convicted, the name and address of such offender and other
identifying information prescribed by the commissioner, including the
offender's date of birth and social security number, to the extent
consistent with federal and state laws governing personal privacy and
confidentiality of information. Such district attorney or other
prosecuting authority shall include in such notice the name and business
address of the offender's counsel of record in the criminal proceeding.

e. Upon receipt of proof that the conviction or convictions that
formed the basis for revocation and annulment of the school
administrator's or supervisor's certificate pursuant to this subdivision
have been set aside upon appeal or otherwise reversed, vacated or
annulled, the commissioner shall be required to conduct a due process
hearing pursuant to subdivision seven of this section and part
eighty-three of title eight of the New York codes, rules and regulations
prior to making a determination as to whether to reinstate the school
administrator's or supervisor's original certificate. Such determination
shall be made within ninety days after such proof has been received.

f. Except as provided in paragraph g of this subdivision, and
notwithstanding any other provision of law to the contrary, a school
administrator or supervisor shall be reinstated to his or her position
of employment in a public school or public school district, with full
back pay and benefits from the date his or her certificate was revoked
or annulled to the date of such reinstatement, under the following
circumstances:

(1) The termination of employment was based solely on the conviction
of an offense defined in subparagraph two of paragraph b of this
subdivision, or the revocation or annulment of a certificate based on
such conviction, and such conviction has been set aside on appeal or
otherwise reversed, vacated or annulled and the commissioner has
reinstated the school administrator's or supervisor's certification
pursuant to paragraph e of this subdivision; or

(2) The termination of employment was based solely on the conviction
of an offense defined in subparagraph two of paragraph b of this
subdivision and it has been determined that the school administrator or
supervisor is not the same person as the convicted offender.

g. If a school administrator's or supervisor's employment was
terminated as a result of a disciplinary proceeding conducted pursuant
to section three thousand twenty-a of this chapter or other disciplinary
hearing conducted pursuant to any collective bargaining or contractual
agreement on one or more grounds other than conviction of an offense
defined in subparagraph two of paragraph b of this subdivision, or the
revocation or annulment of a certificate based on such conviction, then
nothing in paragraph f of this subdivision shall require a school
district to reinstate the employment of such school administrator or
supervisor or be liable for back pay or benefits.

h. No provision of this article shall be deemed to preclude the
following: (1) the commissioner from conducting a due process hearing
pursuant to subdivision seven of this section and part eighty-three of
title eight of the New York codes, rules and regulations; or (2) a
school district or employing board from bringing a disciplinary
proceeding pursuant to section three thousand twenty-a of this chapter;
or (3) a school district or employing board from bringing an alternative
disciplinary proceeding conducted pursuant to a collective bargaining or
contractual agreement.

i. The commissioner shall be authorized to promulgate any regulations
necessary to implement the provisions of this subdivision.

8. He shall cause to be prepared and keep in his office records of all
persons who have received, or shall receive, certificates of
qualification to teach or diplomas of the state teachers colleges, and
state colleges for teachers, with the dates thereof, and shall note
thereon all annulments of such certificates and diplomas, and reversals
thereof, with the dates and causes thereof, together with such other
particulars as he may deem expedient.

9. The commissioner shall procure with the consent of the federal
authorities complete lists giving the names, ages and destination within
the state of all alien children of school age and such other facts as
will tend to identify them, and shall deliver copies of such lists to
the several boards of education and school boards in the respective
localities within the state to which said children shall be destined, to
aid in the enforcement of the provisions of this chapter relative to the
compulsory attendance at school of children of school age.

10. He may administer oaths and take affidavits concerning any matter
relating to the duties of his office or pertaining in any way to the
schools of the state or any part thereof.

11. He is hereby authorized to furnish, by means of pictorial or
graphic representations, additional facilities for instruction in
geography, history, science and kindred subjects, to the schools,
institutions and organizations under the supervision of the regents.
Material collected for this purpose may, under regents' general rules,
be lent for a limited time to responsible institutions and organizations
for the benefit of artisans, mechanics and other citizens of the several
communities of the state. He may from time to time enter into contracts
necessary for carrying out this provision.

12. The commissioner of education is authorized and directed to
establish and provide for the maintenance and conduct of courses of
study or training in state teachers colleges and state colleges for
teachers and in colleges and universities and other educational
institutions and in connection with other educational agencies for the
purpose of training teachers in principles and methods of instruction,
and to give them knowledge to fit them to instruct foreign born and
native adults and minors over sixteen years of age in evening,
extension, factory, home and community classes. Such courses of study
shall be prescribed by the commissioner of education and shall continue
for a period of not less than one year. No teacher employed to instruct
foreign born and native adults and minors over sixteen years of age
shall be employed by the state or compensated in whole or in part by the
state, unless he shall have completed such course of study or training
or shall have an equivalent thereof to be determined under the
regulations of the commissioner of education. A special certificate
shall be issued to teachers who have completed such course of study or a
course of instruction which is equivalent thereto, provided, however,
that temporary permits may be issued by the commissioner of education to
teachers who are qualified to give such instruction pending the
completion of such a course of study or training.

12-a. The commissioner shall evaluate the effectiveness of all teacher
preparation programs in the state, and the timelines and costs of
developing or modifying data systems to collect the necessary data. Such
study shall consider measuring the effectiveness of such programs based
on the academic performance of their students and graduates and through
other measures. The commissioner shall consult with the chancellors of
the state university of New York and the city university of New York,
and other representatives of institutions of higher education. Upon
completion of such study, the commissioner shall make recommendations to
the board of regents on implementation of such methodologies.

13. The commissioner of education or the board of education or
trustees of any city or school district may provide for the
establishment of courses of instruction or study and schools in
connection with factories, places of employment, or in such other places
as he or they may deem advisable, for the purpose of giving instruction
to foreign-born and native adults and minors over the age of sixteen
years. Such course of instruction or study shall include instruction in
English, history, civics and other subjects tending to promote good
citizenship and to increase vocational efficiency. Such course of
instruction and study shall be prescribed by the regents of the
university of the state of New York, and shall be in conformity with
rules to be adopted by them.

14. a. All contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school district
that are used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to provide, maintain
and operate cafeteria or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if, in his opinion, the best
interests of the district will be promoted thereby. Except as provided
in paragraph e of this subdivision, all such contracts involving an
annual expenditure in excess of the amount specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility shall
be determined by the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or all bids
if, in his opinion, the best interests of the district will be promoted
thereby and, upon such rejection of all bids, the commissioner shall
order the board of education or trustee of the district to seek, obtain
and consider new proposals. All proposals for such transportation,
maintenance, mobile instructional units, or cafeteria and restaurant
service shall be in such form as the commissioner may prescribe.
Advertisement for bids shall be published in a newspaper or newspapers
designated by the board of education or trustee of the district having
general circulation within the district for such purpose. Such
advertisement shall contain a statement of the time when and place where
all bids received pursuant to such advertisement will be publicly opened
and read either by the school authorities or by a person or persons
designated by them. All bids received shall be publicly opened and read
at the time and place so specified. At least five days shall elapse
between the first publication of such advertisement and the date so
specified for the opening and reading of bids. The requirement for
competitive bidding shall not apply to an award of a contract for the
transportation of pupils or a contract for mobile instructional units,
if such award is based on an evaluation of proposals in response to a
request for proposals pursuant to paragraph e of this subdivision. The
requirement for competitive bidding shall not apply to annual, biennial,
or triennial extensions of a contract nor shall the requirement for
competitive bidding apply to quadrennial or quinquennial year extensions
of a contract involving transportation of pupils, maintenance of school
buses or mobile instructional units secured either through competitive
bidding or through evaluation of proposals in response to a request for
proposals pursuant to paragraph e of this subdivision, when such
extensions (1) are made by the board of education or the trustee of a
district, under rules and regulations prescribed by the commissioner,
and, (2) do not extend the original contract period beyond five years
from the date cafeteria and restaurant service commenced thereunder and
in the case of contracts for the transportation of pupils, for the
maintenance of school buses or for mobile instructional units, that such
contracts may be extended, except that power is hereby vested in the
commissioner, in addition to his existing statutory authority to approve
or disapprove transportation or maintenance contracts, (i) to reject any
extension of a contract beyond the initial term thereof if he finds that
amount to be paid by the district to the contractor in any year of such
proposed extension fails to reflect any decrease in the regional
consumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based
upon the index for all urban consumers (CPI-U) during the preceding
twelve month period; and (ii) to reject any extension of a contract
after ten years from the date transportation or maintenance service
commenced thereunder, or mobile instructional units were first provided,
if in his opinion, the best interests of the district will be promoted
thereby. Upon such rejection of any proposed extension, the commissioner
may order the board of education or trustee of the district to seek,
obtain and consider bids pursuant to the provisions of this section. The
board of education or the trustee of a school district electing to
extend a contract as provided herein, may, in its discretion, increase
the amount to be paid in each year of the contract extension by an
amount not to exceed the regional consumer price index increase for the
N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban
consumers (CPI-U), during the preceding twelve month period, provided it
has been satisfactorily established by the contractor that there has
been at least an equivalent increase in the amount of his cost of
operation, during the period of the contract.

b. Notwithstanding the provisions of paragraph a of this subdivision,
in the case of any emergency arising out of an accident or other
unforeseen occurrence or condition affecting pupil transportation
services within a district, and requiring immediate action which cannot
await competitive bidding, interim contracts for pupil transportation
services may be let by the board of education or the trustee of such
district for a period not to exceed one month, pending the award of a
contract for such services in compliance with the provisions of
paragraph a of this subdivision.

c. Each board of education, or the trustees, of a school district
which elected or elects to extend one or more pupil transportation
contracts may extend a contract in an amount which is in excess of the
maximum increase allowed by use of the CPI referenced in paragraph a of
this subdivision. Such excess amount shall not be greater than the sum
of the following: (i) the sum of the actual cost of qualifying criminal
history and driver licensing testing fees attributable to special
requirements for drivers of school buses pursuant to articles nineteen
and nineteen-A of the vehicle and traffic law plus the actual cost of
any diagnostic tests and physical performance tests that are deemed to
be necessary by an examining physician or the chief school officer to
determine whether an applicant to drive a school bus under the terms of
the contract has the physical and mental ability to operate a school
transportation conveyance and to satisfactorily perform the other
responsibilities of a school bus driver pursuant to regulations of the
commissioner; (ii) in a school district located in a city with at least
one million inhabitants, the actual cost of clean air technology filters
and Global Positioning System (GPS) technology; (iii) in a school
district located in a city with at least one million inhabitants, with
respects only to any extension beginning in fiscal year two thousand
five--two thousand six, the sum of the actual cost of providing school
bus attendants including the actual cost of criminal history record
checks for school bus attendant applicants and training and instruction
for school bus attendants pursuant to section twelve hundred
twenty-nine-d of the vehicle and traffic law plus up to five percent of
such cost for necessary administrative services; and (iv) the actual
cost of equipment or vehicle modification, or training required, by any
state or local legislation or regulation promulgated or effective on or
after June first, two thousand five. Such costs shall be approved by the
commissioner upon documentation provided by the school district and
contractor as required by the commissioner.

* d. Notwithstanding the provisions of paragraphs a, b and c of this
subdivision, the board of education or the trustee of a district and a
contractor providing pupil transportation services to such district may
amend a contract for pupil transportation services upon a finding that
such amendment is necessary to comply with any federal, state or local
law, rule or regulation imposed after the execution of such contract, or
to enhance the safety of pupil transportation, as determined by the
board or trustee subject to the approval of the commissioner pursuant to
regulations which shall require demonstrable enhancements in pupil
safety and/or increased savings consistent with maintaining pupil
safety. Such amendment shall cause no additional cost to the state,
locality or school district. The commissioner shall not approve such an
amendment if the commissioner finds that it circumvents the competitive
bidding requirements contained in paragraph a of this subdivision, or
otherwise violates this section or any other provision of law, or fails
to increase or maintain the safety of pupil transportation.

* NB Repealed January 1, 2023

e. Notwithstanding the provisions of any general, special or local law
or charter, a board of education or a trustee of a district, pursuant to
rules and regulations promulgated by the commissioner, may award a
contract for the transportation of pupils or a contract for mobile
instructional units involving an annual expenditure in excess of the
amount specified for purchase contracts in the bidding requirements of
the general municipal law in compliance with the provisions of paragraph
a of this subdivision or subsequent to an evaluation of proposals
submitted in response to a request for proposals prepared by or for the
board of education or trustee of a district. The commissioner, in
addition to his existing statutory authority to approve or disapprove
transportation contracts, may reject any award of a transportation
contract or a contract for mobile instructional units that is based on
an evaluation of proposals submitted in response to a request for
proposals if he finds that (1) the contractor is not the most responsive
to the request for proposals, or (2) that the best interests of the
district will be promoted thereby.

f. When a board of education or a trustee of a school district elects
to receive proposals submitted in response to a request for proposals,
such board of education or trustee shall evaluate each proposal from a
responding contractor according to criteria established by the
commissioner. For evaluation of proposals related to contracts for pupil
transportation services, such criteria shall include at a minimum (i)
the previous experience of the contractor in transporting pupils, (ii)
the name of each transportation company the contractor has been an owner
or a manager and previous experience, (iii) a description of any safety
programs implemented by the contractor, (iv) a record of accidents in
motor vehicles under the control of the contractor, (v) driving history
of employees of the contractor, (vi) inspection records and model year
of the motor vehicles under the control of the contractor, (vii)
maintenance schedule of the motor vehicles under the control of the
contractor, (viii) financial analysis of the contractor, and (ix)
compliance with insurance requirements. For evaluation of proposals
related to contracts for mobile instructional units, such criteria shall
include at a minimum (1) the previous experience of the contractor in
providing mobile instructional units for use by public school districts,
(2) the name of each transportation company or manufacturer in which the
contractor or any of the contractor's officers has been an owner or a
manager or has had a controlling interest, (3) a description of any
vehicle safety standards included in the design standards for the mobile
instructional units under the control of the contractor that exceed
applicable standards defined in statute or regulations, (4) inspection
records and model year of the mobile instructional units under the
control of the contractor, (5) maintenance schedule of the mobile
instructional units under the control of the contractor, (6) financial
analysis of the contractor and (7) compliance with insurance
requirements.

g. Notwithstanding the provisions of this subdivision, section one
hundred three of the general municipal law, or any other provision of
law to the contrary, the board of education shall be authorized to enter
into a piggyback contract with another school district that transports
students pursuant to a contract with a private transportation
contractor, provided that the board finds that the contract cost is
appropriate and entry into a piggyback contract will result in a cost
savings to the school district. For purposes of this paragraph, a
"piggyback contract" means a contract for the transportation of students
that: (1) provides transportation to a location outside the students'
school district of residence to which another school district is already
providing transportation to its own students through an existing
contract with a private transportation contractor, other than a
cooperatively bid contract; (2) is entered into by the private
transportation contractor and each school district involved; and (3)
provides for transportation in accordance with the terms and conditions
of such existing transportation contract.

15. The extension industrial teacher training courses heretofore
established are continued under the jurisdiction and control of the
education department. Members of the faculty to teach such courses shall
be appointed by the commissioner of education and, subject to the
approval of the director of the budget, shall be classified, allocated
and paid in accordance with the schedules contained in section three
hundred fifty-five-a of this chapter.

16. The commissioner shall cooperate with the commissioner of health
to facilitate the timely establishment and maintenance of current
records of courses in advanced emergency medical technology.

17. Whenever a mistake has been made, or an honest dispute exists, as
to the location of the division line between land owned by the state,
which is under the jurisdiction, care, custody or control of the
department of education, and adjoining privately owned land, the
commissioner of education, acting for and on behalf and in the name of
the people of the state of New York, may enter into a boundary line
agreement, fixing and determining the division line between such lands,
subject to the approval of the attorney general as to form, content and
manner of execution.

18. The commissioner shall cooperate with the superintendent of
financial services and the commissioner of commerce in the creation of
educational programs to be offered in conjunction with and in support of
the export finance awareness program of the department of financial
services and the department of commerce. Such assistance may include,
but shall not be limited to, the development of specific training
programs, identification of potential training needs, provision of
facilities for training and the identification of potential trainees.
Further activity by the commissioner shall require that a designee of
the commissioner attend each and every export awareness advisory board
meeting, formally report to the commissioner, and have the commissioner
contact the superintendent of financial services and the commissioner of
commerce so that the superintendent of financial services may coordinate
the activities of each of these components in the area of training.

19. The commissioner is authorized and directed to require all
elementary and secondary schools to store all chemicals present in their
science facilities in locked and secure storage rooms and cabinets. The
schools shall provide for the placement, spacing, arrangement,
ventilation and fire protection of such stored chemicals in accordance
with guidelines promulgated by the commissioner of education. The
commissioner shall also require all elementary and secondary schools to
prepare at least annually an inventory of such chemicals, including the
chemical's name, the chemical abstracts service registry number, a
hazard warning code, the generally accepted method or methods of
disposal, a compatible storage code, the date received, the scheduled
date of disposal, the quantity received, the quantity remaining and its
location. The inventory must be kept in a secure location and be
available for inspection by the commissioner.

20. He shall also have and execute such further powers and duties as
he shall be charged with by the regents.

21. a. For the purposes of the computation of the apportionment of aid
under any of the provisions of this chapter or any other law, the
commissioner shall promulgate regulations to provide where not otherwise
provided by law, for the use of whole numbers, fractions or decimals.
Such regulations shall specify when such numbers shall be rounded or
truncated. Such regulations may provide that under each apportionment
the amount of aid to be paid pursuant to the applicable section of law
may be paid in whole dollars.

b. The commissioner shall periodically prepare an updated electronic
data file containing actual and estimated data relating to
apportionments due and owing during the current school year and
projections of such apportionments for the following school year to
school districts and boards of cooperative educational services from the
general support for public schools, growth and boards of cooperative
educational services appropriations on the following dates: November
fifteenth, or such alternative date as may be requested by the director
of the budget for the purpose of preparation of the executive budget;
February fifteenth, or such alternative date as may be jointly requested
by the chair of the senate finance committee and the chair of the
assembly ways and means committee; and May fifteenth. For the purposes
of using estimated data for projections of apportionments for the
following school year, when no specific apportionment has yet been made
for such school year, but such apportionment has a history of annual
reauthorization, the commissioner shall estimate the apportionment at
the same level as the preceding school year, subject to the annual
approval of the director of the budget, the chairperson of the senate
finance committee and the chairperson of the assembly ways and means
committee.

c. The commissioner shall transmit a report in support of the general
support for public schools appropriation to the director of the budget
and each such committee chair containing schedules displaying such
apportionments then due and owing, including updated data for the
current audit year, seven preceding audit years and the estimated year,
to coincide with each such update and by September first with respect to
payments due for the preceding school year.

d. Notwithstanding any inconsistent provision of law to the contrary,
for the purposes of (i) determining the base year level of general
support for public schools pursuant to paragraph b of this subdivision
for the two thousand seventeen--two thousand eighteen school year and
thereafter, the commissioner is directed to include the state-funded
grant amounts allocated pursuant to subdivision ten of section
thirty-six hundred two-e of this chapter where such state-funded grants
had previously been allocated to districts by means other than general
support for public schools, and (ii) for the purposes of determining
both the base year and current year levels of general support for public
schools pursuant to paragraph b of this subdivision for the two thousand
nineteen--two thousand twenty school year and thereafter, the
commissioner is also directed to include grant amounts pursuant to
section thirty-six hundred two-ee of this chapter, provided that,
notwithstanding any provision of law to the contrary, such base year
grant amounts shall not be included in: (1) the allowable growth amount
computed pursuant to paragraph dd of subdivision one of section
thirty-six hundred two of this chapter, (2) the preliminary growth
amount computed pursuant to paragraph ff of subdivision one of section
thirty-six hundred two of this chapter, and (3) the allocable growth
amount computed pursuant to paragraph gg of subdivision one of section
thirty-six hundred two of this chapter, and shall not be considered, and
shall not be available for interchange with, general support for public
schools.

* e. Notwithstanding any inconsistent provision of law to the
contrary, in preparing an electronic data file pursuant to paragraph b
of this subdivision, for the purposes of using estimated data for
projections of apportionments for the following school year, the
commissioner shall (i) calculate the negative difference, if any, of the
allowable growth amount computed pursuant to subdivision one of section
thirty-six hundred two of this chapter less the preliminary growth
amount pursuant to such subdivision, and (ii) include such negative
difference as the "growth cap adjustment" in any file that aggregates
apportionments of general support for public schools for the purpose of
determining the amounts necessary in the state fiscal years associated
with the school year estimates, provided that the commissioner shall not
allocate any amount of such growth cap adjustment to any school
district.

* NB Effective July 1, 2021

22. The commissioner shall establish the procedures for a statewide
system of assigning unique student identification numbers for all
students in public and nonpublic schools within the state for purposes
of student tracking and for state reporting purposes. Students shall
retain their numbers until they attain the age of twenty-one. As new
students enter schools in New York, they shall be assigned a unique
number. The commissioner shall include in such system appropriate
procedures for insuring security and confidentiality of student
information. The commissioner shall adopt regulations to provide for the
implementation of such statewide system by school districts and
nonpublic schools.

23. The commissioner shall have primary responsibility for the
development and implementation of integrated employment opportunities
including short-term and intensive supported employment services and, as
appropriate, long-term extended support services and shall coordinate
with the commissioner of social services, the commissioner of the office
of mental health and the commissioner of the office for people with
developmental disabilities under an integrated employment implementation
plan, pursuant to article twenty-one of this chapter.

24. Notwithstanding any inconsistent provision of this chapter, the
commissioner may, by regulation, provide for a system whereby schools,
school districts and municipalities submit required certifications
electronically or in any other media form which the commissioner
reasonably determines offers the same degree of accountability and
control provided by paper certifications. The certifications described
in this subdivision shall constitute written instruments, computer data
or statements within the meaning of articles one hundred seventy, one
hundred seventy-five and one hundred seventy-six of the penal law.

25. The commissioner shall conduct periodic fiscal audits of boards of
cooperative educational services as defined in section nineteen hundred
fifty of this chapter and, to the extent sufficient resources are
provided the department for such purpose, shall assure that each such
board of cooperative educational services is audited at least once every
three years.

26. The commissioner is authorized and directed to promulgate rules
and regulations to require that any statement prepared to satisfy the
provisions of sections sixteen hundred eight, seventeen hundred sixteen
and twenty-six hundred one-a of this chapter, any district-wide mailing
distributed which in whole or part related to such statement, and any
report prepared to satisfy the requirements of sections sixteen hundred
ten, seventeen hundred twenty-one and twenty-five hundred twenty-eight
of this chapter, commencing in the nineteen hundred
ninety-seven--ninety-eight school year, be in plain language and that
categorization of and format for revenue including payments in lieu of
taxes, property tax refunds from certiorari proceedings, expenditure,
transfer, and fund balance information and changes in such data from the
prior year and, in the case of a resubmitted or amended budget, changes
in such information from the prior year's submitted budget, shall be
complete and accurate and set forth in such a manner as to best promote
public comprehension and readability.

27. The commissioner shall promulgate regulations in consultation with
the New York state energy research and development authority concerning
the development and approval of energy performance contracts for school
districts and boards of cooperative educational services in accordance
with subdivision eight of section 9-103 of the energy law.

28. On or before April first, two thousand, the commissioner shall
develop and implement an automated board of cooperative educational
services state aid reporting system for the purpose of tracking and
reporting state and local expenditures for aidable shared services
pursuant to subdivision five of section nineteen hundred fifty of this
chapter. Such system shall track state and local expenditures in the
manner prescribed by the commissioner, provided that, at a minimum, such
system shall report such expenditures by board of cooperative
educational services, by type of cooperative service agreement (CO-SER)
and by component school district. In addition, such system shall report
expenses and aid totals, as well as expenditures and aid per resident
weighted average daily attendance.

29. The commissioner shall develop a program whereby any veteran of
the armed forces who served in world war II and who was unable, for any
reason, to complete a secondary education, may be awarded a high school
diploma based on knowledge and experience gained while in service.

29-a. The commissioner shall develop a program whereby any veteran of
the armed forces who served in the Korean conflict and who was unable,
for any reason, to complete a secondary education, may be awarded a high
school diploma based on knowledge and experience gained while in
service.

29-b. The commissioner shall develop a program whereby any veteran of
the armed forces who served in the Vietnam war and who was unable, for
any reason, to complete a secondary education, may be awarded a high
school diploma based on knowledge and experience gained while in
service.

29-c. The commissioner shall develop a program whereby any veteran of
the armed forces who has served on active duty in the United States
Armed Forces, and who was unable, for any reason, to complete a
secondary education, may be awarded a high school diploma based on
knowledge and experience gained while in service.

30. (a) The commissioner, in cooperation with the division of criminal
justice services and in accordance with all applicable provisions of
law, shall promulgate rules and regulations to require the
fingerprinting of prospective employees, as defined in section eleven
hundred twenty-five of this chapter, of school districts, charter
schools and boards of cooperative educational services and authorizing
the fingerprinting of prospective employees of nonpublic and private
elementary and secondary schools, and for the use of information derived
from searches of the records of the division of criminal justice
services and the federal bureau of investigation based on the use of
such fingerprints. The commissioner shall also develop a form for use by
school districts, charter schools, boards of cooperative educational
services, and nonpublic and private elementary and secondary schools in
connection with the submission of fingerprints that contains the
specific job title sought and any other information that may be relevant
to consideration of the applicant. The commissioner shall also establish
a form for the recordation of allegations of child abuse in an
educational setting, as required pursuant to section eleven hundred
twenty-six of this chapter. No person who has been fingerprinted
pursuant to section three thousand four-b of this chapter or pursuant to
section five hundred nine-cc or twelve hundred twenty-nine-d of the
vehicle and traffic law and whose fingerprints remain on file with the
division of criminal justice services shall be required to undergo
fingerprinting for purposes of a new criminal history record check. This
subdivision and the rules and regulations promulgated pursuant thereto
shall not apply to a school district within a city with a population of
one million or more.

(b) The commissioner, in cooperation with the division of criminal
justice services, shall promulgate a form to be provided to all such
prospective employees of school districts, charter schools, boards of
cooperative educational services, and nonpublic and private elementary
and secondary schools that elect to fingerprint and seek clearance for
prospective employees that shall:

(i) inform the prospective employee that the commissioner is required
or authorized to request his or her criminal history information from
the division of criminal justice services and the federal bureau of
investigation and review such information pursuant to this section, and
provide a description of the manner in which his or her fingerprint
cards will be used upon submission to the division of criminal justice
services;

(ii) inform the prospective employee that he or she has the right to
obtain, review and seek correction of his or her criminal history
information pursuant to regulations and procedures established by the
division of criminal justice services.

(c) The prospective employer shall obtain the signed, informed consent
of the prospective employee on such form supplied by the commissioner
which indicates that such person has:

(i) been informed of the right and procedures necessary to obtain,
review and seek correction of his or her criminal history information;

(ii) been informed of the reason for the request for his or her
criminal history information;

(iii) consented to such request for a report;

(iv) supplied on the form a current mailing or home address for the
prospective employee;

(v) been informed that he or she may withdraw his or her application
for employment pursuant to this section, without prejudice, at any time
before employment is offered or declined, regardless of whether the
prospective employee or employer has reviewed such prospective
employee's criminal history information;

(vi) where the applicant is to be fingerprinted pursuant to section
three thousand thirty-five of this chapter, the process for seeking a
waiver of the fees associated with conducting a criminal history records
check, pursuant to paragraph (b) of subdivision four of section three
thousand thirty-five of this chapter,

(vii) been informed that in the event his or her employment is
terminated and such person has not become employed in the same or
another school district, charter school, board of cooperative
educational services, or nonpublic or private elementary or secondary
school within twelve-months of such termination, the commissioner shall
notify the division of criminal justice services of such termination,
and the division of criminal justice services shall destroy the
fingerprints of such person. Such person may request that the
commissioner notify the division of criminal justice services that his
or her fingerprints shall be destroyed prior to the expiration of such
twelve month period in which case the commissioner shall notify the
division of criminal justice services and the division shall destroy the
fingerprints of such person promptly upon receipt of the request; and

(viii) been informed of the manner in which he or she may submit to
the commissioner any information that may be relevant to the
consideration of his or her application for clearance including, where
applicable, information in regard to his or her good conduct and
rehabilitation.

* (d) The commissioner shall develop forms to be provided to all
school districts, charter schools, boards of cooperative educational
services, and to all nonpublic and private elementary and secondary
schools that elect to fingerprint their prospective employees, to be
completed and signed by prospective employees when conditional
appointment or emergency conditional appointment is offered.

* NB Repealed July 1, 2022

* (e) The commissioner may promulgate rules and regulations regarding
the conditional appointment and emergency conditional appointment of a
prospective employee.

* NB Repealed July 1, 2022

* 31. The commissioner shall direct that each school district, charter
school, and private elementary and secondary school appoint a designated
educational official for the purposes set forth in section 380.90 of the
criminal procedure law, subdivision seventeen of section 301.2 and
subdivision three of section 380.1 of the family court act. In addition,
the commissioner shall promulgate rules and regulations, in consultation
with the office of court administration, to facilitate electronic access
by the courts to the names and addresses of such designated educational
officials.

* NB There are 2 sub 31's

* 31. The commissioner shall cooperate with the commissioner of
agriculture and markets in establishing a farm-to-school program and
coordinating New York Harvest For New York Kids Week as described in
subdivision five-b of section sixteen of the agriculture and markets
law. The commissioner's responsibilities shall include, but not be
limited to, compiling information for the department of agriculture and
markets from school districts and other educational institutions under
the department's jurisdiction interested in purchasing New York farm
products and disseminating to those districts and institutions
information from the department of agriculture and markets about the
availability of New York farm products, and contact information for
farmers and other businesses marketing such products. The commissioner
shall report to the legislature about the need for changes in law to
facilitate the purchase of such products by schools and other
institutions.

* NB There are 2 sub 31's

34. The commissioner is hereby authorized and directed to apply school
bus safety practices instruction and retraining requirements prescribed
pursuant to the provisions of section thirty-six hundred twenty-four of
this chapter to drivers who operate transportation which is owned,
leased or contracted for by private and parochial schools to the same
extent as such requirements shall apply to drivers who operate
transportation which is owned, leased or contracted for by public school
districts. The chief school administrator of every private and parochial
school shall approve the employment of each driver for each school bus
operated for such private or parochial school and shall ensure that each
such driver shall meet the school bus safety practices instruction and
retraining requirements prescribed pursuant to section thirty-six
hundred twenty-four of this chapter. Nothing in this subdivision shall
be construed to apply such provisions to volunteer drivers who transport
pupils on other than a regularly established route on an occasional
basis.

* 35. The commissioner shall develop guidelines by which school
districts may establish a program to make available to parents or
persons in parental relation of children attending schools in such
districts, an internet based electronic communications system to provide
for the transmission of individual personalized messages or group
communication over the internet, to communicate with the teachers of
such children.

* NB There are 2 sb 35's

* 35. The commissioner shall, in cooperation with the commissioner of
mental health, develop guidelines for voluntary implementation by school
districts, that incorporate social and emotional development into
elementary and secondary school educational programs as prescribed in
paragraph (b) of subdivision one of section three of the children's
mental health act of 2006.

* NB There are 2 sb 35's

36. The commissioner shall ensure that by July first, two thousand
eight, a student progress report, written in plain English and in a form
prescribed by the commissioner, is prepared for all students. Such
progress report shall provide parents or persons in parental relation
with information on their child's performance on state assessments over
multiple years of testing and shall also explain the process by which
parents or persons in parental relation may inquire further about their
child's progress. All school districts and charter schools shall prepare
and disseminate the student progress report to parents or persons in
parental relation in a timely manner.

37. The commissioner shall develop methods to support educators in the
use of performance data to assist in student learning, which shall be
periodically improved based on feedback from educators.

38. The commissioner shall develop informational materials to assist
parents or persons in parental relation and teachers in understanding
the regents learning standards and the results of state assessments.

39. The commissioner shall develop a school leadership report card and
a separate school progress report card to assist boards of education,
the state and the public in assessing the performance of school leaders,
including superintendents of schools and building principals, and the
schools that they lead. The report cards shall include an assessment of
the school's progress in achieving standards of excellence. By January
first, two thousand nine, the commissioner shall develop such standards
of excellence which shall include, but not be limited to, parent
involvement, curriculum, teacher quality, and accountability measures as
set forth in section two hundred eleven-a of this title. The
commissioner shall promulgate regulations requiring the trustees or
boards of education of every common, union free, central, central high
school and city school district, and the chancellor of a city school
district in a city of one million or more inhabitants, to attach copies
of such report cards to the statement of estimated expenditures pursuant
to section sixteen hundred eight or seventeen hundred sixteen of this
chapter, where applicable, and to otherwise make the report cards
publicly available in the same manner as a school district report card.

40. The board of regents shall explore the development of a
prekindergarten through postsecondary (P-16) data system that tracks
student performance from prekindergarten through attendance at public
colleges in this state and links students to teachers or instructors.
The commissioner shall consult with other relevant state departments,
agencies and instrumentalities of the state about the feasibility of
linking the system to other data collection systems containing
information relevant to the education of children, including but not
limited to social services information; and to identify barriers to the
exchange of data between the P-16 system and social services and other
systems under their control and collaborate to facilitate the free
exchange of data. Such data system shall be maintained consistent with
applicable confidentiality requirements, so as to prevent disclosures
that would constitute an unwarranted invasion of personal privacy. The
commissioner shall report to the board of regents on activities
conducted pursuant to this subdivision.

41. The commissioner shall establish a program to evaluate various
methods used by schools to identify students receiving a free or reduced
price meal under programs authorized by the National School Lunch Act,
as amended, or the Child Nutrition Act of 1966, as amended. The
commissioner shall identify methodologies and practices utilized by
schools and school districts, within the state and nationally, to:

a. simplify student access to meal programs; and

b. identify students through an electronic payment system, or through
other means, in order to eliminate the overt identification of students
receiving a free or reduced price meal.
On or before July first, two thousand nine, the commissioner shall
disseminate detailed information on the best practices utilized by such
schools and school districts which simplify access and eliminate the
distinction between students receiving a free or reduced price meal and
those paying full price so as to more effectively operate the program.
The commissioner shall also submit a report containing such information
to the legislature on or before such date.

42. a. The commissioner, in conjunction with the commissioner of
health, shall promulgate and review as necessary rules and regulations
relating to pupils who suffer mild traumatic brain injuries, also
referred to as a "concussion," while receiving instruction or engaging
in any school sponsored or related activity. In developing such rules
and regulations, the commissioner shall consider comments from
stakeholders and other interested parties including but not limited to
parents, teachers, students, school administrators, school athletic
trainers, sport coaches, medical and health professionals, the public
schools athletic league (PSAL), the New York state public high school
athletic association (NYSPHSAA), and other athletic associations. Such
regulations shall include, but not be limited to:

(i) requiring a course of instruction relating to recognizing the
symptoms of mild traumatic brain injuries and monitoring and seeking
proper medical treatment for pupils who suffer mild traumatic brain
injuries. Such course of instruction shall be required to be completed
on a biennial basis by all school coaches, physical education teachers,
nurses and athletic trainers. The course of instruction required by this
subparagraph shall include, but not be limited to, the definition of a
"concussion," signs and symptoms of mild traumatic brain injuries, how
such injuries may occur, practices regarding prevention, and the
guidelines for the return to school and to certain school activities
after a pupil has suffered a mild traumatic brain injury regardless of
whether such injury occurred outside of school. Such training may be
completed by means of courses of instruction, including but not limited
to, courses provided online and by teleconference approved by the
department;

(ii) providing that the department and the department of health shall
post on their internet websites information relating to mild traumatic
brain injuries, which shall include but not be limited to, the
definition of a "concussion," signs and symptoms of mild traumatic brain
injuries, how such injuries may occur, and the guidelines for the return
to school and to certain school activities after a pupil has suffered a
mild traumatic brain injury regardless of whether such injury occurred
outside of school. Schools shall be required to include such information
in any permission form or parent or person in parental relation consent
form or similar document that may be required for a pupil's
participation in interscholastic sports and shall also include such
information, or reference how to obtain such information from the
department and the department of health internet websites, on the
school's internet website, if one exists;

(iii) requiring the immediate removal from athletic activities of any
pupil believed to have sustained or who has sustained a mild traumatic
brain injury. In the event that there is any doubt as to whether a pupil
has sustained a concussion, it shall be presumed that he or she has been
so injured until proven otherwise. No such pupil shall resume athletic
activity until he or she shall have been symptom free for not less than
twenty-four hours, and has been evaluated by and received written and
signed authorization from a licensed physician. Such authorization shall
be kept on file in the pupil's permanent health record. Furthermore,
such rules and regulations shall provide guidelines for limitations and
restrictions on school attendance and activities for pupils who have
sustained mild traumatic brain injuries, consistent with the directives
of the pupil's treating physician.

(iv) authorizing each school or school district, in its discretion, to
establish a concussion management team which may be composed of the
athletic director (if any), a school nurse, the school physician, a
coach of an interscholastic team, an athletic trainer or such other
appropriate personnel as designated by the school or school district.
The concussion management team shall oversee the implementation of the
rules and regulations promulgated pursuant to this subdivision as it
pertains to their associated school including the requirement that all
school coaches, physical education teachers, nurses and athletic
trainers that work with and provide instruction to pupils engaged in
school sponsored athletic activities complete training relating to mild
traumatic brain injuries. Furthermore, every concussion management team
may establish and implement a program which provides information on mild
traumatic brain injuries to parents and persons in parental relation
throughout each school year.

b. The rules and regulations established pursuant to this subdivision
shall be deemed to be the minimum standards that must be complied with
by every public school relating to mild traumatic brain injuries. Such
rules and regulations may also be implemented by nonpublic schools if
they so authorize. Nothing in this subdivision shall prohibit any public
school or nonpublic school from adopting and implementing more stringent
standards.

43. The commissioner shall make available, on the department internet
website, materials on problem gambling among school-age youth identified
or developed by the office of alcoholism and substance abuse services in
consultation with the department, pursuant to subdivision (j) of section
19.07 of the mental hygiene law.

44. The commissioner shall prohibit the administration of traditional
standardized tests, as defined in regulations issued by the
commissioner, in pre-kindergarten programs and in grades kindergarten
through second grade; provided, however, that nothing herein shall
prohibit assessments in which students perform real-world tasks that
demonstrate application of knowledge and skills or assessments that are
otherwise required to be administered by federal law.

45. The commissioner shall provide that no school district or board of
cooperative educational services may place or include on a student's
official transcript or maintain in a student's permanent record any
individual student score on a state administered standardized English
language arts or mathematics assessment for grades three through eight,
provided that nothing herein shall be construed to interfere with
required state or federal reporting or to excuse a school district from
maintaining or transferring records of such test scores separately from
a student's permanent record, including for purposes of required state
or federal reporting.

46. The commissioner shall provide that any test results on a state
administered standardized English language arts or mathematics
assessment for grades three through eight sent to parents or persons in
parental relation to a student include a clear and conspicuous notice
that such results will not be included on the student's official
transcript or in the student's permanent record and are being provided
to the student and parents for diagnostic purposes.

47. The commissioner shall provide that no school district shall make
any student promotion or placement decisions based solely or primarily
on student performance on the state administered standardized English
language arts and mathematics assessments for grades three through
eight. However, a school district may consider student performance on
such state assessments provided that the school district uses multiple
measures in addition to such assessments and that such assessments do
not constitute the major factor in such determinations. In addition, the
commissioner shall require every school district to annually notify the
parents and persons in parental relation to the students attending such
district of the district's grade promotion and placement policy along
with an explanation of how such policy was developed. Such notification
may be provided on the school district's website, if one exists, or as
part of an existing informational document that is provided to parents
and persons in parental relation.

* 48. The commissioner shall issue regulations:

a. allowing students with disabilities who are not eligible for the
New York state alternate assessment and whose cognitive and intellectual
disabilities preclude their meaningful participation in chronological
grade level instruction to be assessed based on instructional level
rather than chronological age;

b. allowing English language learners to be assessed with a
state-administered assessment that measures the English language
development of such students rather than the English language arts exam
for their first two years of enrollment; and

c. ensuring accountability for the performance of such students in
appropriate ways.

* NB Effective upon and to the extent allowed by a federal waiver
issued by the U.S. department of education

49. The commissioner shall promulgate such standards and regulations
as may be necessary to ensure:

a. that the amount of time devoted to state-administered required
assessments developed by the state directly or by contract for each
grade does not exceed, in the aggregate, one percent of the minimum
required annual instructional hours for such grade.

b. that, for each school district, the amount of time devoted to
standardized assessments that are not specifically required by state or
federal law for each grade does not exceed, in the aggregate, one
percent of the minimum required annual instructional hours for such
grade.

c. that, for each school district, the amount of time devoted to test
preparation under standardized testing conditions for each grade does
not exceed, in the aggregate, two percent of the minimum required annual
instructional hours for such grade.

Time devoted to teacher administered classroom quizzes or exams,
portfolio reviews, or performance assessments shall not be counted
towards the limits established by this subdivision. In addition, nothing
in this subdivision shall be construed to supersede the requirements of
a section of the 504 plan of a qualified student with a disability or
federal law relating to English Language Learners or the individualized
education program of a student with disabilities.

50. The commissioner shall provide instructional tools and outreach
materials for parents and families to assist parents and families in
understanding the purposes, elements and instructional changes relating
to implementation of next generation learning standards as well as how
to best support their child's educational progress and outcomes. Such
tools and outreach shall include, but not be limited to, online
resources with linguistically and culturally appropriate materials,
community outreach, and the dissemination of materials through schools,
non-profit organizations, libraries, and other partners.

51. The commissioner shall, in order to assist school districts and
boards of cooperative educational services in developing next generation
training programs for teachers and principals, develop professional
development tools, resources and materials that school districts, boards
of cooperative educational services, teachers and principals may
utilize. The commissioner may collaborate with the state university of
New York, the city university of New York, and independent colleges and
universities to offer effective, data-informed professional development
and coaching to meet the needs of implementing the next generation
learning standards. Such professional development and coaching shall
include necessary materials, age appropriate instruction and resources
that provide best practices for the effective implementation of the next
generation learning standards. Such support shall be available for the
purpose of providing professional development for teachers and
principals, as well as preparation programs for participating school
districts, boards of cooperative educational services, charter schools
and communities at large, and may include recommendations for how
teachers and principals can collaborate on strategies, including but not
limited to study groups and coaching, to improve classroom practices.
The commissioner shall also identify regional examples of school
districts that have successfully implemented the next generation
learning standards, where such examples exist, and shall invite such
districts to serve on a voluntary basis as models that principals,
teachers and other school professionals within the region may visit and
observe. In addition, the commissioner shall include opportunities for
teachers and other content-area experts to provide feedback and
recommendations for the continuous improvement and development of
voluntary next generation curriculum modules offered by the department.

51-a. On or before June first, two thousand fifteen, and each year
thereafter, the commissioner shall release the test questions, test
answers, and corresponding correct answers from each of the most
recently administered English language arts and mathematics examinations
in grades three through eight of that year. The commissioner may limit
the number of questions and answers released only to the extent
necessary to avoid hindering or impairing the validity and/or
reliability of future examinations and must provide enough of an
overview of each examination so that teachers, administrators,
principals, parents and students can be provided with sufficient
feedback on the types of questions administered and, by July first, two
thousand fifteen, and each year thereafter, the commissioner shall
release the general student success rate in answering such questions
correctly.

52. a. The commissioner shall make recommendations to the board of
regents relating to the adoption of instruction in cardiopulmonary
resuscitation and the use of automated external defibrillators (AEDs) in
senior high schools.

b. Prior to making the recommendations to the board of regents, the
commissioner shall:

(i) seek the recommendations of teachers, school administrators,
teacher educators and others with educational expertise in the proposed
curriculum;

(ii) seek comment from parents, students and other interested parties;

(iii) consider the amount of instructional time such curriculum will
require and whether such time would detract from other mandated courses
of study;

(iv) consider the fiscal impact, if any, on the state and school
districts; and

(v) consider any additional factors the commissioner deems relevant.

c. No later than one hundred eighty days after the effective date of
this subdivision, the commissioner shall provide a recommendation to the
board of regents to either adopt and promulgate appropriate rules and
regulations implementing such curriculum or reject the implementation of
such curriculum. Upon receiving a recommendation from the commissioner,
pursuant to this subdivision, the board of regents shall vote to either
accept or reject the commissioner's recommendation no later than sixty
days after receiving such recommendation.

d. If the board of regents adopts such curriculum, the curriculum
requirement shall take effect no later than the next school year after
such curriculum has been adopted.

e. If the board of regents rejects such curriculum, the commissioner
shall provide a report as to the determination of the board to the
governor, the temporary president of the senate, the speaker of the
assembly and the chairs of the senate and assembly committees on
education providing the reasons for such rejection not later than thirty
days after the board of regents rejects such curriculum.

53. The commissioner is authorized and directed to establish a content
review committee for the purposes of reviewing all standardized test
items and/or selected passages used on English language arts and
mathematics state assessments for grades three through eight to ensure:
(a) they are grade level appropriate, in general; (b) they are presented
at a readability level that is grade-level appropriate; (c) they are
within grade-level expectations; and (d) they appropriately measure the
learning standards approved by the board of regents applicable to such
subject and/or grade level. The review of such items and passages shall
be conducted prior to their use in such assessments provided however,
for the two thousand fifteen--two thousand sixteen school year only, if
such requirement would prevent the ability of such assessments to be
administered, then items or passages that have not been reviewed may be
used. Provided further, the content review committee shall review any
new standardized test items and/or selected passages prior to their use
in such assessments. Such committee shall also ensure that any new test
items and/or selected passages are fair and appropriately measure the
learning standards approved by the board of regents applicable to such
subject and/or grade level. Such committee shall also ensure that
adequate and appropriate time is given to students for the
administration of such assessments, provided however that subdivision
forty-nine of this section must be complied with. The content review
committee shall include classroom teachers and experienced educators in
the content area and/or grade level of the items/passages being
reviewed, including teachers of students with disabilities and English
language learners.

54. Notwithstanding any law, rule or regulation to the contrary, no
teacher, principal, or superintendent shall be required to sign a
confidentiality agreement with their respective school district, board
of cooperative educational services, or the department that prevents
such teacher, principal, or superintendent from discussing the contents
of any items on the English language arts and mathematics assessments in
grades three through eight after such items have been released by the
department pursuant to subdivision fifty-one-a of this section or after
such items have been publicly disclosed by the department or other
appropriate entity. The commissioner shall amend and/or modify any
current confidentiality agreement inconsistent with this subdivision and
shall promulgate regulations consistent with this subdivision.

55. The commissioner, in collaboration with the commissioner of health
and the commissioner of environmental conservation shall develop
instructional tools and materials for school districts and libraries to
assist in the education and awareness program to protect children from
lyme disease and tick-borne infections. Resources and materials shall be
age-appropriate for school-age students and provide information on the
identification of ticks, recommended procedures for safe tick removal
and best practices to provide protection from ticks. Such materials may
include but not be limited to video productions, pamphlets, and
demonstration programs to illustrate the various sizes of ticks before
and after it has engorged to assist with the identification of a tick
and the reaction on the skin that may occur as a result of a tick bite.
Materials and instructional tools to advance and promote education
awareness on tick identification and protection shall be made available
to school districts and libraries upon request at no charge.

* 56. The commissioner shall issue a guidance memorandum in
cooperation with stakeholders and other interested parties, to every
school district and board of cooperative educational services to inform
them of the unique educational needs of students with dyslexia,
dyscalculia and dysgraphia and to clarify that school districts may
reference or use the terms dyslexia, dyscalculia, and dysgraphia in
evaluations, eligibility determinations, or in developing an
individualized education program (IEP) under the Individuals with
Disabilities Education Act (IDEA) pursuant to part 300 of title 34 of
the code of federal regulations, as such regulations may, from time to
time, be amended.

* NB There are 4 sb 56's

* 56. The commissioner, in consultation and cooperation with the
commissioner of agriculture and markets, may develop guidelines to
encourage school districts and institutions of higher education to
donate excess, unused, edible food from meals served at such educational
facilities to local voluntary food assistance programs including, but
not limited to, community food pantries, soup kitchens, and other
community and not-for-profit organizations that distribute food to the
poor and disadvantaged. Such guidelines developed concerning donated
food shall comply with all federal, state and local public health laws,
rules and regulations that govern food safety and food donation.

Such guidelines may include, but not be limited to:

a. a procedure to provide information to school districts,
institutions of higher education and local voluntary food assistance
programs of the provisions of such guidelines;

b. notification to educational institutions of their ability to elect
to donate excess, unused, edible food to local voluntary food assistance
programs; and

c. information and technical assistance on how school districts and
institutions of higher education may best donate excess food in a safe
and sanitary manner.

The commissioner shall coordinate the implementation of such
guidelines with the farm-to-school program established pursuant to
subdivision five-b of section sixteen of the agriculture and markets
law.

* NB There are 4 sb 56's

* 56. a. The commissioner shall consult and collaborate with the
commissioner of health and organizations that promote sepsis awareness,
prevention and education, as well as other interested parties, to
establish and develop a sepsis awareness, prevention and education
program within the department. Such program shall be defined by the
commissioner in regulations after consultation with the department of
health and be designed to educate students, parents and school personnel
about sepsis awareness and prevention. Such program shall include, but
not be limited to:

(i) age-appropriate model curriculum, exemplar lesson plans, and best
practice instructional resources for students, parents and school
personnel designed to promote awareness and prevention methods against
sepsis. Such model curriculum, lesson plans and instructional resources
shall include but not be limited to guidelines and methods of
prevention, including recommendations for the reduction of exposure to
sepsis and an appropriate course of action for sepsis treatment;

(ii) instructional tools and materials for students, parents and
school personnel developed in collaboration with the commissioner of
health, which shall include updated data and information on sepsis
awareness and prevention, with a review of such data and information to
occur periodically, at intervals deemed appropriate by the commissioner
and the commissioner of health; and

(iii) public availability of all materials related to the sepsis
awareness, prevention and education program on a dedicated webpage on
the department's internet website, and provided at no cost to every
school district, board of cooperative educational services, charter
school and nonpublic school upon request.

b. The commissioner shall issue a guidance memorandum to every school
district, board of cooperative educational services, charter school and
nonpublic school, to inform them of the availability of the sepsis
awareness, prevention and education program and to encourage them to
develop policies and procedures, in consultation with their director of
school health services, or the substantial equivalent as determined by
the commissioner in regulations, regarding when parents and persons in
parental relations are to be notified of illness or injuries occurring
in school which affects their child, in accordance with article nineteen
of this chapter. The commissioner shall annually remind school
districts, boards of cooperative educational services, charter schools
and nonpublic schools, of the availability of sepsis awareness and
prevention materials as part of sepsis awareness month.

* NB There are 4 sb 56's

* 56. The commissioner shall provide to the council on children and
families, in a format identified by the council, information regarding
all recipients of grants awarded or administered by the department for
the purposes of providing afterschool programs, or extended learning
time, including but not limited to grants for such purposes awarded
under section thirty-six hundred forty-one of this chapter. For each
program the program's name, the address at which the program is offered,
and the phone number for the program will be provided to the council no
less than once a year.

* NB There are 4 sb 56's

58. a. No later than June first, two thousand nineteen, the
commissioner shall prepare and submit to the governor, the temporary
president of the senate and the speaker of the assembly a report that
provides an overview of teacher diversity throughout the state. Such
report shall:

(i) study the potential barriers to: achieving diversity within
teacher preparation programs; obtaining an initial certificate in the
classroom teaching service; and obtaining teacher certification as a
teacher aide or teaching assistant;

(ii) include available data on race, ethnicity, gender, and age; the
efforts higher education institutions with teacher preparation programs
are taking to recruit and retain a diverse student population into such
programs; and the efforts that the state and schools are taking to
attract, hire, and retain certified teachers who reflect the diversity
within New York state's schools; and

(iii) make recommendations on programs, practices and policies that
may be implemented by schools and teacher preparation programs to
improve teacher diversity throughout the state.

b. The commissioner shall consult with stakeholders and other
interested parties when preparing such report. The state university of
New York, the city university of New York, the commission on independent
colleges and universities, and the proprietary college sector with
registered teacher education programs in this state shall, to the extent
practicable, identify and provide representatives to the department, at
the request of the commissioner, in order to participate in the
development and drafting of such report.

* 59. The commissioner shall make available educational materials
developed pursuant to subdivision two of section three hundred seventy-c
of the social services law to every school district, charter school,
nonpublic school, approved preschool, approved preschool special
education program, approved private residential or non-residential
school for the education of students with disabilities, state-supported
school in accordance with article eighty-five of this chapter, and board
of cooperative educational services for the purpose of educating
parents, guardians and other authorized individuals responsible for the
child's care about adverse childhood experiences, the importance of
protective factors, and the availability of services for children at
risk for or experiencing adverse childhood experiences. The commissioner
shall provide that such educational materials are made available online
pursuant to subdivision two of section three hundred seventy-c of the
social services law.

* NB Effective April 1, 2022