Public Hearing - January 26, 2022

                                                                       1

 1  BEFORE THE NEW YORK STATE SENATE FINANCE
    AND ASSEMBLY WAYS AND MEANS COMMITTEES
 2  ------------------------------------------------------
            JOINT LEGISLATIVE HEARING
 3             In the Matter of the
          2022-2023 EXECUTIVE BUDGET ON
 4      ELEMENTARY AND SECONDARY EDUCATION
    
 5  ------------------------------------------------------
    
 6                                Virtual Hearing 
                                  Conducted Online via Zoom 
 7  
                                  January 26, 2022
 8                                9:35 a.m.
    
 9  
    PRESIDING:
10  
             Senator Liz Krueger
11           Chair, Senate Finance Committee
    
12           Assemblywoman Helene E. Weinstein
             Chair, Assembly Ways & Means Committee
13  
    PRESENT:
14  
             Senator Thomas F. O'Mara
15           Senate Finance Committee (RM)
    
16           Assemblyman Edward P. Ra 
             Assembly Ways & Means Committee (RM)
17  
             Assemblyman Michael Benedetto
18           Chair, Assembly Education Committee
    
19           Senator Shelley Mayer
             Chair, Senate Education Committee 
20  
             Assemblywoman Kimberly Jean-Pierre
21           Chair, Assembly Committee on Libraries
               and Education Technology
22  
              Senator Sean M. Ryan
23            Chair, Senate Committee on Libraries
    
24  

                                                                   2

 1  2022-2023 Executive Budget
    Elementary & Secondary Education
 2  1-26-22
    
 3  PRESENT:  (Continued)
    
 4            Assemblywoman Kimberly Jean-Pierre
              Chair, Assembly Committee on Libraries
 5              and Education Technology
    
 6            Senator John Liu
              Chair, Senate Committee on New York City 
 7              Education
    
 8            Assemblywoman Deborah J. Glick
    
 9            Assemblyman Michael Reilly
    
10            Senator Robert Jackson
    
11            Assemblyman Steven Otis
    
12            Assemblywoman Alicia Hyndman
    
13            Assemblyman Harry B. Bronson
    
14            Assemblyman Josh Jensen
    
15            Senator James Tedisco
    
16            Assemblywoman Jo Anne Simon
    
17            Assemblywoman Mary Beth Walsh
    
18            Assemblywoman Rebecca A. Seawright
    
19            Assemblywoman Marianne Buttenschon
    
20            Senator Samra Brouk
    
21            Assemblyman Erik M. Dilan
    
22            Senator Daniel G. Stec
    
23            Senator Gustavo Rivera
    
24            Assemblyman Michael Cusick
    

                                                                   3

 1  2022-2023 Executive Budget
    Elementary & Secondary Education
 2  1-26-22
    
 3  PRESENT:  (Continued)
    
 4            Senator Diane J. Savino
    
 5            Assemblywoman Inez E. Dickens
    
 6            Senator Brad Hoylman
    
 7            Assemblywoman Rodneyse Bichotte Hermelyn
    
 8            Assemblyman Jeffrion L. Aubry
    
 9            Senator Pete Harckham
    
10            Assemblywoman Chantel Jackson
    
11            Assemblyman Ron Kim
    
12            Senator Leroy Comrie
    
13            Assemblywoman Latoya Joyner
    
14            Assemblyman Kenneth Zebrowski
    
15            Senator John W. Mannion
    
16            Assemblywoman Jennifer Lunsford
    
17            Senator Patty Ritchie
    
18            Assemblywoman Crystal Peoples-Stokes
    
19            Assemblyman Christopher S. Friend
    
20            Senator Sue Serino
    
21            Assemblywoman Nily Rozic
    
22            Senator Peter Oberacker
    
23            Assemblyman Al Taylor
    
24            Assemblywoman Amanda Septimo
    

                                                                   4

 1  2022-2023 Executive Budget
    Elementary & Secondary Education
 2  1-26-22
    
 3  PRESENT:  (Continued)
    
 4            Assemblywoman Marcela Mitaynes
    
 5            Assemblyman Doug Smith
    
 6            Assemblyman Kevin M. Byrne
    
 7            Assemblywoman Yuh-Line Niou
    
 8            Assemblyman Mike Lawler
    
 9            Assemblyman William Conrad
    
10            Senator Elijah Reichlin-Melnick
    
11            Assemblywoman Melissa Miller
    
12            Assemblyman David G. McDonough
    
13            Senator Andrew Gounardes
    
14            Assemblywoman Karen McMahon
    
15            Assemblyman William Colton
    
16            Senator Joseph P. Addabbo Jr.
    
17            Assemblyman David I. Weprin
    
18            Senator Toby Stavisky
    
19  
    
20

21

22

23

24


                                                                   5

 1  2022-2023 Executive Budget
    Elementary & Secondary Education
 2  1-26-22
    
 3                     LIST OF SPEAKERS
    
 4                                        STATEMENT  QUESTIONS
    
 5  Betty A. Rosa
    Commissioner
 6  NYS Education Department                 14          19
    
 7  David Banks
    Chancellor
 8  NYC Department of Education             222         238
    
 9  Andrew Pallotta
    President
10  New York State United Teachers        
          -and-
11  Michael Mulgrew
    President 
12  United Federation of Teachers           358         366
    
13  Jennifer Pyle 
    Executive Director
14  Conference of Big 5
     School Districts                       
15       -and-
    Jaime Alicea
16  Superintendent
    Syracuse City School District
17       -and-
    Kriner Cash
18  Superintendent 
    Buffalo Public Schools 
19       -and-
    Dr. Lesli Myers-Small
20  Superintendent
    Rochester City School District
21       -and-
    Dr. Edwin M. Quezada
22  Superintendent
    Yonkers City School District            
23         -and-
    Kaweeda Adams
24  Superintendent
    Albany City School District             439         459

                                                                   6

 1  2022-2023 Executive Budget
    Elementary & Secondary Education
 2  1-26-22
    
 3                LIST OF SPEAKERS, Continued

 4                                        STATEMENT   QUESTIONS
    
 5  Dr. Bernadette Kappen
    Cochair
 6  4201 Schools Association                
         -and-
 7  Stephen Beovich
    Vice President
 8  Coalition of Special Act Schools       492       498
    
 9  Robert Lowry
    Deputy Director
10  New York State Council of 
     School Superintendents                 
11       -and-
    Mark Cannizzaro
12  President
    Council of School Supervisors 
13    and Administrators (CSSA)              
         -and-
14  Cynthia E. Gallgher 
    Director, Government Relations
15  School Administrators Association 
      of New York State (SAANYS)
16       -and-
    Brian C. Fessler
17  Director, Government Relations 
    NYS School Boards Association
18       -and-
    Brian S. Cechnicki
19  Executive Director
    ASBO New York                           
20       -and-
    Kyle Belokopitsky
21  Executive Director
    NYS Parent Teacher Association          517       541
22  
    
23  

24


                                                                   7

 1  2022-2023 Executive Budget
    Elementary & Secondary Education
 2  1-26-22
    
 3                LIST OF SPEAKERS, Continued

 4                                        STATEMENT   QUESTIONS
    
 5  Jasmine Gripper 
    Executive Director
 6  Alliance for Quality Education
         -and-
 7  Alli Lidie
    Network Lead
 8  NYS Community Schools Network       
         -and-
 9  Beth Rizzi
    President
10  New York Association of
     School Psychologists                  571          581
11  
    
12  Yomika Bennett
    Executive Director
13  NY Charter Schools Association
         -and-
14  Jason Montanez
    Charter Parent 
15  Charter Parent Council
         -and-
16  James Merriman
    CEO
17  NYC Charter School Center             592          602
    
18  Briana N. McNamee
    Director of Government 
19   Relations & Advocacy
    NY Library Association                  
20       -and-
    Ben Dubin-Thaler, Ph.D. 
21  Founder & Executive Director
    BioBus, Inc.
22       -and-
    Joshua Stapf
23  Executive Director
    Literacy Rochester                     619          628
24  
    

                                                                   8

 1  2022-2023 Executive Budget
    Elementary & Secondary Education
 2  1-26-22
    
 3                LIST OF SPEAKERS, Continued

 4                                        STATEMENT   QUESTIONS 
    
 5  Fred Koelbel
    Legislative Committee Cochair
 6  NYS School Facilities 
     Association                            
 7       -and-
    Nicholas Vallone 
 8  President
    New York School Bus Contractors
 9   Association                            658         665
    
10  Dan White
    Legislative Chair
11  BOCES of New York State
         -and-
12  David A. Little, Esq. 
    Executive Director
13  Rural Schools Association
      of New York State                     
14       -and-
    Andy Mager
15  Organizer
    Neighbors of the 
16   Onondaga Nation                         673          685
    
17  James D. Cultrara
    Executive Secretary 
18  NYS Council of Catholic School 
     Superintendents
19       -and-
    Avrohom Weinstock
20  Chief of Staff
    Agudath Israel                           689
21  
    Ryan Gallentine
22  Director of Electrifying
     Transportation
23  Advanced Energy Economy                 696          701
    
24
    

                                                                   9

 1                  CHAIRWOMAN WEINSTEIN:  Good morning.  

 2           I am Helene Weinstein, chair of the New York 

 3           State Assembly Ways and Means Committee and 

 4           cochair of today's hearing.  

 5                  And today we begin the second in a 

 6           series of hearings conducted by the joint 

 7           fiscal committees of the Legislature 

 8           regarding the Governor's proposed budget for 

 9           fiscal year '22-'23.  Today the Assembly Ways 

10           and Means Committee and the Senate Finance 

11           Committee will hear testimony concerning the 

12           Governor's budget proposal for elementary and 

13           secondary education.  

14                  I'll now introduce the participating 

15           members from the Assembly, then I will turn 

16           it over to Senator Krueger, the cochair of 

17           this hearing, to introduce the Senate, and 

18           our respective rankers will introduce the 

19           members from their conference.

20                  So we have with us Assemblyman 

21           Benedetto, chair of our Education Committee; 

22           Deborah Glick, chair of our Higher Ed 

23           Committee; Crystal Peoples-Stokes, the 

24           Majority Leader; Assemblywoman Bichotte 


                                                                   10

 1           Hermelyn; Assemblyman Bronson; Assemblyman 

 2           Conrad; Assemblyman Cusick; Assemblyman 

 3           Dilan; Assemblywoman Hyndman; Assemblyman 

 4           Kim; Assemblyman Otis; Assemblywoman Rozic; 

 5           Assemblywoman Simon; and Assemblyman 

 6           Zebrowski.  

 7                  As other members join us, we will 

 8           introduce them.

 9                  And I see Jennifer Lunsford is here 

10           also.  

11                  And Senator Krueger, would you like to 

12           introduce your colleagues?

13                  CHAIRWOMAN KRUEGER:  Thank you very 

14           much.  

15                  I'm seeing, so far this morning, 

16           Senator Gustavo Rivera; Senator Shelley 

17           Mayer, chair of Education; Senator Liu, chair 

18           of New York City Education; Senator John 

19           Mannion; Senator Pete Harckham; Senator 

20           Robert Jackson; Senator Samra Brouk; 

21           Senator Sean Ryan, chair of Libraries.  

22                  Let's see -- and if you don't mind, 

23           I'll just turn it over to Tom O'Mara, my 

24           ranker in Finance, to introduce members of 


                                                                   11

 1           his conference.

 2                  SENATOR O'MARA:  Good morning.  

 3           Joining myself from the Minority side this 

 4           morning is Senator Patty Ritchie.  I assume 

 5           we'll have some more when our Republican 

 6           conference is over this morning.

 7                  Thank you.

 8                  CHAIRWOMAN KRUEGER:  Thank you.  

 9                  CHAIRWOMAN WEINSTEIN:  Thank you.  

10                  Assemblyman Ra, would you like to 

11           introduce your colleagues, please.

12                  ASSEMBLYMAN RA:  Sure.

13                  Good morning.  We are joined by Josh 

14           Jensen, our ranker on Libraries, as well as 

15           Mr. Friend and Mr. Mike Lawler.  And I expect 

16           our ranker on Education, Doug Smith, will be 

17           joining us shortly.  

18                  (Zoom interruption.)

19                  CHAIRWOMAN KRUEGER:  Robert Jackson, 

20           please mute.

21                  CHAIRWOMAN WEINSTEIN:  Please -- you 

22           can self-mute yourself, so please do that.  

23           But we'd rather people handle that 

24           themselves.  


                                                                   12

 1                  We've also been joined by 

 2           Assemblywoman Buttenschon and Assemblywoman 

 3           Jackson.

 4                  So just before we go to the first 

 5           witness, I just want to remind all the 

 6           witnesses testifying today to keep your 

 7           statement within the time limits so everyone 

 8           can be afforded the opportunity to speak.  

 9           It's even more important now that the 

10           hearings are virtual.

11                  Just to go over the timelines for 

12           witnesses and then the members:  All 

13           government entities will get 10 minutes to 

14           make an oral presentation.  And we'll be 

15           starting in a few moments with the New York 

16           State Ed Commissioner, Betty Rosa.  Then 

17           we'll proceed to hear testimony from other -- 

18           there will be an opportunity for members 

19           after the commissioner speaks to ask 

20           questions.  We'll then proceed to testimony 

21           from other witnesses.  

22                  And the nongovernmental witnesses who 

23           have asked to testify here today will each 

24           have three minutes to make an oral 


                                                                   13

 1           presentation.  They'll mostly be in panels.  

 2           And again, witnesses should be reminded to 

 3           keep their time within the countdown clock, 

 4           which will be in your screen.  So we 

 5           encourage you to keep it on the gallery view 

 6           so you can see that clock.

 7                  Members also should keep an eye on the 

 8           clock.  Just to refresh members, the chairs 

 9           of the committees relevant to the hearing get 

10           10 minutes each to ask questions and receive 

11           answers.  The ranking members of these 

12           committees will get five minutes each.  All 

13           other members of the relevant committees, 

14           three minutes each.  And the chairs can get a 

15           three-minute opportunity for a second.

16                  And again, just want to remind 

17           everybody that the time is not just to ask 

18           the question; the time is to ask the question 

19           and receive your answer.

20                  And with that, let us go to our first 

21           witness, New York State Education Department, 

22           Commissioner Betty A. Rosa.  She'll be let in 

23           in a moment, I believe.

24                  THE MODERATOR:  She is here.


                                                                   14

 1                  NYSED COMMISSIONER ROSA:  May I begin?

 2                  CHAIRWOMAN WEINSTEIN:  Yes.  Oh, yes.  

 3           Yes, Commissioner.  Yes, please.

 4                  NYSED COMMISSIONER ROSA:  Thank you.

 5                  CHAIRWOMAN WEINSTEIN:  You're welcome.

 6                  NYSED COMMISSIONER ROSA:  Thank you.  

 7           Thank you.  And good morning to everyone.  

 8                  So good morning, Chairs Krueger, 

 9           Weinstein, Mayer and Benedetto, and members 

10           of the Senate and Assembly here today.

11                  I'm Dr. Betty Rosa, the Commissioner 

12           of Education.  And I'm joined here by 

13           Executive Deputy Commissioner Sharon 

14           Cates-Williams; Senior Deputy Dr. Jim 

15           Baldwin; Chief Financial Officer Phyllis 

16           Morris; Assistant Commissioner Kathleen 

17           DeCataldo; and Senior Policy Advisor 

18           Dr. Laura Glass.

19                  First and foremost, I want to thank 

20           Chancellor Young for his amazing leadership 

21           of the Board of Regents and the Department of 

22           Education, as well as the Regents who are 

23           watching today.  

24                  The Regents and the department have 


                                                                   15

 1           two strategic priorities:  First and 

 2           foremost, creating equity for all students to 

 3           prepare for college, careers and civic 

 4           engagement regardless of background, zip 

 5           code, first language or ability.  And second, 

 6           the implementing of a fundamental shift to a 

 7           service-and-support-oriented approach to our 

 8           statewide educational community.

 9                  To achieve both priorities, the 

10           department urgently needs the funding we 

11           requested to hire and maintain appropriate 

12           staffing levels.  As most of you know, a 

13           strict hiring freeze since April 2020 -- that 

14           only was rescinded recently -- has made this 

15           extremely challenging.

16                  To illustrate this point, I just want 

17           to point to the fact that the department's 

18           full-time equivalent, FTE staffing levels 

19           decreased from 3,200 FTEs in 2008 and '09 to 

20           2,500 FTEs in 2021-'22, a decrease of 

21           22 percent.  During this time period the 

22           department's responsibilities have grown 

23           without funding for additional staff to 

24           address them.


                                                                   16

 1                  In response to the Division of 

 2           Budget's October 2021 call letter, the 

 3           department requested 302 positions to rebuild 

 4           our capacity.  We are pleased that the 

 5           Executive included funding for 134 of these 

 6           positions, which is 44 percent of the 

 7           positions requested.  But, as we all know, 

 8           additional resources are needed to support 

 9           essential functions of the department such as 

10           information technology, human resources, 

11           curriculum and instruction, and facilities 

12           planning, among others.

13                  The department is no stranger to 

14           meeting the needs of students across the 

15           state in the face of scarcity.  However, at a 

16           time when funds are available, it is 

17           imperative that we receive the resources 

18           necessary to meet our responsibilities to our 

19           children and our communities.

20                  Of course there are several proposals 

21           in the Executive Budget we are pleased with, 

22           including the continued phase-in of the 

23           Foundation Aid formula; full funding of all 

24           expense-based aids without changing 


                                                                   17

 1           current-law aid formulas; an increase of 

 2           $700,000 to expand the Readers Aid program; 

 3           and much-needed capital funding for our three 

 4           Nation Schools and our State Schools for the 

 5           Deaf and Blind, a priority of the Regents.

 6                  There are also those areas that we 

 7           would consider concerns.  First, we oppose 

 8           transferring administration of the over 

 9           $1 billion federal and state child nutrition 

10           programs to the Department of Agriculture & 

11           Markets.  There is no justification offered 

12           for doing such, and none exists.  

13                  At this time I just want to pause and 

14           say our landscape of education -- our 

15           schools, our districts -- have gone through 

16           such disruptions, as we know even this week.  

17           To add another major disruption and barrier 

18           to our landscape of educating in our 

19           communities would be quite difficult.

20                  Second, while authorization to waive 

21           late building final cost reports and 

22           transportation contract penalties is welcome, 

23           the proposal does not even include funding to 

24           repay current claims, let alone older claims.  


                                                                   18

 1           Districts will never receive the funding 

 2           they're waiting for.

 3                  Finally, the proposal to create 

 4           temporary permits for teachers and other 

 5           school professionals and to authorize 

 6           individuals holding expired certificates to 

 7           be employed in a teaching or other 

 8           professional capacity are considered quite 

 9           challenging.

10                  Finally, we request the Legislature 

11           support investments we requested to further 

12           ensure equity for all:  The $1.6 million to 

13           translate department information and 

14           resources into languages other than English; 

15           $5 million to increase participation rates 

16           and diversity in teaching careers through 

17           successful teacher opportunity programs -- 

18           the TOC II program -- which is essential; 

19           $125 million to design a new tuition 

20           rate-setting methodology for preschool and 

21           school-age special education providers.  And 

22           we must achieve enactment of the legislation 

23           passed unanimously by both houses to provide 

24           funding parity for the providers serving 


                                                                   19

 1           these children.

 2                  Finally, I urge you to restore the 

 3           $20 million cut to public library 

 4           construction and provide an additional 

 5           $11 million, per the Regents' request.

 6                  I extend gratitude to our staff, who 

 7           have worked so hard every day, in the face of 

 8           inadequate resources, on behalf of the 

 9           students and the districts across New York.  

10           I share primary concerns as we continue to 

11           sustain the educational process and the 

12           physical and mental health, safety and 

13           well-being of our children and adults in our 

14           schools.  

15                  And for that, I thank you for 

16           listening to us today and I look forward to 

17           additional questions and any other materials 

18           we can provide to ensure that our voices are 

19           heard.  Thank you so much for this 

20           opportunity.

21                  CHAIRWOMAN WEINSTEIN:  Thank you.  

22           Thank you, Commissioner.

23                  We're going to go first to our chair 

24           of Education, Assemblyman Benedetto.  And 


                                                                   20

 1           then the -- oh, I see those raised hands 

 2           there, people following instructions.  So 

 3           first we will go to Assemblyman Benedetto, 

 4           and I will -- in the chat, members will be 

 5           able to see the order of their testimony -- 

 6           their question.

 7                  Assemblyman Benedetto.

 8                  ASSEMBLYMAN BENEDETTO:  Thank you very 

 9           much, Chair Weinstein.  

10                  And good morning, Commissioner.  How 

11           are you today?  

12                  NYSED COMMISSIONER ROSA:  Fine, thank 

13           you.

14                  ASSEMBLYMAN BENEDETTO:  Okay, that's 

15           my first question.  Okay.  

16                  Listen, you mention in your testimony 

17           about the transfer of the food nutrition 

18           program from SED to the Agriculture 

19           Department.  Can you expand on that, you 

20           know, a bit?  What are we talking about here?  

21           Is -- can the Department of Agriculture, 

22           right now as it stands, be able to handle 

23           this program and do it well?

24                  NYSED COMMISSIONER ROSA:  Well, first 


                                                                   21

 1           and foremost, I do want to share the fact 

 2           that I was informed of this change and this 

 3           transfer by Commissioner Ball, who called me 

 4           right before the holidays.  And so I have had 

 5           amazing conversations with him in terms of 

 6           addressing the issue of nutrition and 

 7           expanding the program Farm-to-School, which 

 8           is about a $1.5 million program, versus a 

 9           $1.3 billion program.

10                  So during that process, absolutely, we 

11           have been collaborating.  He went with me to 

12           the Bronx to see an amazing program, the 

13           Green Machine program that really focuses on 

14           nutrition.  We have been trying to really 

15           create synergy about some of the concerns and 

16           issues that we have and that we can expand 

17           on.

18                  But at the same time, I have really 

19           reached out to try to understand the 

20           rationale for this decision.  And not only 

21           just the rationale, but also to try to impart 

22           the fact that this is going to be extremely 

23           disruptive, and trying to share with the 

24           Chamber and others that when we make these 


                                                                   22

 1           kinds of decisions, usually you want a person 

 2           who is going to be part of the exchange to be 

 3           part of the conversation.  

 4                  I have no idea what the rationale is.  

 5           I have no idea what the design is.  And 

 6           furthermore, I have no idea why this is being 

 7           advanced without engaging in a thorough 

 8           conversation and also with some serious 

 9           planning around the implications and what the 

10           impact would be in our landscape of schooling 

11           and communities.

12                  ASSEMBLYMAN BENEDETTO:  Thank you, 

13           Commissioner.

14                  Commissioner, you may have known about 

15           my bill that we passed late last session 

16           regarding the special ed schools -- the 4102 

17           schools, the 853 schools -- and providing 

18           them with an increase in monies to better 

19           balance their salary rates to make them 

20           competitive and so forth.  

21                  Well, the Governor of course vetoed 

22           that but made a commitment that she will this 

23           year look into and do it, and supposedly she 

24           has, increasing the funding for these 


                                                                   23

 1           schools.  

 2                  However -- and that's great and it's 

 3           wonderful and we're looking forward to that, 

 4           that she keeps her commitment.  And I know 

 5           she will.  But what's going to happen after 

 6           this year?  How do you see us in the state 

 7           telling the 4201 schools, the 853 schools 

 8           that they have worked, that the teachers are 

 9           comparable to the teachers in the public 

10           schools of this state, and can we in effect 

11           do something to balance out our commitment 

12           and monies to these schools?

13                  NYSED COMMISSIONER ROSA:  Well, let me 

14           start by saying that we are extremely 

15           grateful that it was -- on both houses it was 

16           a unanimous issue.  

17                  I think it is also -- the whole 

18           rate-setting methodology has to be looked at 

19           for the long term.  I think that while we're 

20           extremely grateful about the 11 percent, 

21           we're extremely grateful about the commitment 

22           in terms of funding, we really have to look 

23           at the issue of parity and looking at the 

24           whole methodology system that's used long 


                                                                   24

 1           term.  So I think we really truly need, as I 

 2           said in my testimony, we truly need a 

 3           commitment to looking at this long term.

 4                  Again, I am hopeful -- and I'd like to 

 5           turn to -- at this point I'd like to turn to 

 6           our budget person, Phyllis Morris, to really 

 7           go into just one example of the granular 

 8           issue here in terms of what the implications 

 9           are.  

10                  Phyllis?

11                  NYSED CFO MORRIS:  Thank you, 

12           Commissioner.  

13                  So the issue is that the current 

14           methodology has what's called a 

15           reconciliation process.  So if the provider 

16           is unable to spend the full amount that their 

17           rate provides in a given school year, the 

18           under-spending is recovered.

19                  So the -- while we, as the 

20           commissioner said, appreciate the 11 percent 

21           one-time increase in the trend factor for 

22           '22-'23, it's going to be very difficult for 

23           providers to spend up to -- you know, to 

24           spend $240 million kind of instantly in one 


                                                                   25

 1           school year.  

 2                  So what we would be looking for is 

 3           elimination of the reconciliation process at 

 4           a minimum for '22-'23, and ideally over a 

 5           five-year period, which is an administrative 

 6           proposal that the department has advanced, to 

 7           give providers more time to manage the ups 

 8           and downs -- enrollment fluctuations, 

 9           one-time unanticipated costs -- and to have 

10           that five-year period be the bridge to a new 

11           methodology.

12                  ASSEMBLYMAN BENEDETTO:  Thank you 

13           very, very much.  

14                  Lastly, there is great concern in my 

15           conference for the learning disabled -- for 

16           screening, proper screening of the learning 

17           disabled before they enter school, at a very 

18           young age, to see if there are problems 

19           there.  If we get those problems early enough 

20           and work on them, give them the proper 

21           services, that maybe we can, well, solve a 

22           lot of problems in the future.

23                  And I credit my colleagues Assemblyman 

24           Carroll and Assemblywoman Simon for their 


                                                                   26

 1           efforts in this area.

 2                  Commissioner, could you please give me 

 3           your opinion here?  Can we effectively use a 

 4           screening process at such an early age for 

 5           kids in, let's say, prekindergarten and 

 6           kindergarten, and do it adequately and 

 7           cheaply enough?  

 8                  NYSED COMMISSIONER ROSA:  Well, let me 

 9           start by both thanking, as you said, 

10           Assemblywoman Simon -- actually, I would add 

11           Brooks and Assemblyman Carroll.

12                  As you know, we had an extensive 

13           conversation with a presentation on the whole 

14           screening process, particularly the early 

15           start process.  One of the interesting 

16           conversations that came out of that -- and I 

17           think there's been extensive research done on 

18           this -- is that the issue of dyslexia in 

19           particular has really been one that has been 

20           studied in terms of connecting it to are 

21           young people ending in -- in the -- 

22           incarcerated in many situations due to the 

23           fact that many of them have really -- have 

24           had challenge and have not received the kinds 


                                                                   27

 1           of resources along the way.  

 2                  Screening at an early stage is really 

 3           essential.  Like we know that the whole issue 

 4           of addressing the issue in the early part of 

 5           our young children's education is vital.  And 

 6           not only that, but maintaining the screening 

 7           as a way of creating the resources and the 

 8           responses to addressing those issues early 

 9           on, capturing them early on, so that we can 

10           really create an investment at the early 

11           phase of our children's education.

12                  And so we're very committed to 

13           continuing this work, continuing to commit to 

14           looking at the screening process as a way of 

15           identifying the barriers and identifying the 

16           way that we can then match the resources, the 

17           educational resources that are needed to 

18           respond to our young people.  

19                  ASSEMBLYMAN BENEDETTO:  Commissioner, 

20           thank you very much.  And to all my 

21           colleagues, I say thank you for putting up 

22           with the first questions.  Okay?  I'm 

23           19 seconds early; let that be a lesson for 

24           everybody.


                                                                   28

 1                  CHAIRWOMAN KRUEGER:  Thank you.

 2                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 3           Just before I turn it to the Senate, we've 

 4           been joined during the commissioner's remarks 

 5           by Assemblywoman Seawright; Assemblywoman 

 6           Jean-Pierre, chair of our Libraries 

 7           Committee; Assemblywoman McMahon; Assemblyman 

 8           Colton, and Assemblyman Weprin.

 9                  Senator Krueger, I turn it over to 

10           your Senate colleagues.

11                  CHAIRWOMAN KRUEGER:  Thank you very 

12           much.  I just also want to -- I believe we've 

13           been joined by Senator Sue Serino and Senator 

14           Pete Oberacker.  I'm not sure -- I think 

15           that's who I'm seeing is new.

16                  And we'll hand it first to the chair 

17           of our Education Committee, Senator Shelley 

18           Mayer.

19                  SENATOR MAYER:  Thank you, Chair 

20           Krueger, and thank you, Chair Weinstein.

21                  And Commissioner, a pleasure to see 

22           you and your staff.  And I do have to start 

23           by thanking you for leadership in a very 

24           rocky time for schools, for students and 


                                                                   29

 1           parents, teachers and staff, boards of 

 2           education and superintendents.

 3                  You and I have been in constant 

 4           contact, and I'm very appreciative of your 

 5           responsiveness to myself and all my 

 6           colleagues, both Democratic and Republican, 

 7           in the Senate with issues within their 

 8           districts.  So thank you for your leadership 

 9           on that.

10                  The first question is about the -- I 

11           think it's 168 positions you requested that 

12           were not funded in the Governor's proposal.  

13           Do you have a breakdown that you could 

14           share -- not this minute, but with us -- of 

15           exactly what departments they would be in and 

16           what tasks they would do?  Because I think 

17           there is widespread agreement that you need 

18           more support and more staff.

19                  But do you have that?  It's not 

20           reflected in detail in your testimony.

21                  NYSED COMMISSIONER ROSA:  Sure.  And 

22           thank you for that question, because that is 

23           something that you have taken a leadership in 

24           asking us to make sure that not only do we 


                                                                   30

 1           detail it, but also to have a rationale and 

 2           an explanation of these individual positions.

 3                  So we will make that available right 

 4           after our testimony.  And it's something that 

 5           we truly believe is needed in order to make 

 6           our arguments about why we need these 

 7           positions.  So thank you.

 8                  SENATOR MAYER:  Okay.  The second 

 9           question is, you know, we all collectively 

10           fought hard to get not only additional 

11           Foundation Aid, with your leadership and now 

12           with Governor Hochul's leadership -- that we 

13           are finally getting there, we're incredibly 

14           appreciative.  But districts also got a lot 

15           of money through the federal stimulus 

16           programs.  

17                  Have you done any analysis of whether, 

18           from your department's estimation, districts 

19           are using these funds appropriately?  As you 

20           know, we did have a hearing on that early on.  

21           But I wonder what your perception is about 

22           whether the services are being provided that 

23           were intended with these funds.

24                  NYSED COMMISSIONER ROSA:  Sure.  So 


                                                                   31

 1           again, thank you for that question.

 2                  The work that we started, not only 

 3           when -- of course, you know, when we first 

 4           had the initial funding through CARES and 

 5           then we went through CRRSA and of course ARP.  

 6           We have been not only meeting with our 

 7           stakeholders, our monthly meetings, we have 

 8           been also meeting individually in small -- 

 9           both DSs and our different regions, meeting 

10           with our superintendents.  Part of this was 

11           to -- also we've been doing, and we'll share 

12           a little bit of this work that Phyllis has 

13           been doing in terms of -- and the staff in 

14           general -- looking at keeping in mind the 

15           cliff.  Right?  These are fundings that we're 

16           very concerned about how they're used --

17                  (Zoom interruption.)

18                  SENATOR LIU:  Somebody unmute -- mute.  

19           Mute.

20                  SENATOR MAYER:  Whoever that is, 

21           please mute your --

22                  SENATOR LIU:  Tom, that's you.  Tom 

23           O'Mara.

24                  (Continued Zoom interruption.)


                                                                   32

 1                  SENATOR LIU:  Tom, you've got to 

 2           unmute -- you've got to mute.  Tom, MUTE.

 3                  CHAIRWOMAN WEINSTEIN:  Thank you.

 4                  NYSED COMMISSIONER ROSA:  So one of 

 5           the things that -- to your point, knowing 

 6           that the funding is essential, what was the 

 7           design of these fundings in terms of not only 

 8           our recovery process, rebuilding, our 

 9           students' needs, specific -- both in terms of 

10           their mental health services, trauma, looking 

11           at our students' needs in terms of academic, 

12           and all the kinds of services that are very 

13           specific to our children, but also making 

14           sure that we have the resources that are used 

15           over a period of time that we all know that 

16           September 30th, 2024, cliff is real.

17                  And so what we've tried to do is 

18           provide workshops, guidance, conversations, 

19           both on a small scale, on the larger scale.  

20           Also providing, through technical support, 

21           what are the one-shot deals that, you know, 

22           can provide in terms of usage of -- you know, 

23           we have also tried to express that while 

24           there are opportunities to use this in terms 


                                                                   33

 1           of capital, that there are some pitfalls, 

 2           right, when you're using them in that manner.

 3                  So our entire department, at different 

 4           levels, whether it's been in terms of looking 

 5           at if it's capital, if it's instruction, if 

 6           it's personnel, we've tried to work with the 

 7           field in designing their plan, making sure 

 8           that they are working with their 

 9           constituents, with their communities, and 

10           designing the kind of usage of these dollars, 

11           whether it's in technology, staffing, that 

12           really is going to be prudent and be used for 

13           what we would consider long-term and having 

14           the opportunity to also address the 

15           short-term issues.

16                  But the one thing we do provide 

17           guidance in that we are concerned about is 

18           that because these are one -- you know, these 

19           are dollars that are now, that we don't want 

20           districts to become so -- to purchase items 

21           that need long-term maintenance, long-term 

22           support, and when that funding disappears, 

23           that -- you know, that districts have a 

24           problem.


                                                                   34

 1                  I can also share with you by calling 

 2           on our finance person, Phyllis Morris, who 

 3           can you give you specifics of some of the 

 4           webinars and some of the ways that we have 

 5           been supporting the field, if you like.

 6                  SENATOR MAYER:  Well, I want to get to 

 7           my other question, Commissioner.

 8                  NYSED COMMISSIONER ROSA:  Sure.

 9                  SENATOR MAYER:  So I look forward to 

10           that.  

11                  So school mental health continues to 

12           be a very pressing problem in every district, 

13           urban, suburban and rural.  And we're all 

14           concerned about it.  As you know, I fought 

15           for $10 million in the budget pre-COVID; I 

16           don't think any of that has gone out the 

17           door.  I look forward to that.  But on the 

18           Governor's ReCOVs proposal, which is a mental 

19           health proposal, do you have comments or 

20           thoughts about how effectively to maximize 

21           every asset we can for ensuring our kids deal 

22           with mental health issues as we come out of 

23           COVID?

24                  NYSED COMMISSIONER ROSA:  Sure.  So 


                                                                   35

 1           let me start -- you're absolutely right that 

 2           the -- along with the response to our 

 3           students' academic needs, there's so much 

 4           trauma, there's so much social-emotional ways 

 5           that we have to address.

 6                  So the Department of Health, I have to 

 7           tell you that we -- we just did a recent 

 8           convening, because we've realized that the 

 9           idea of cross-agency work is essential.  So 

10           we're working -- not only looking at it from 

11           our own department, but we're working with 

12           Commissioner Sullivan to really create that 

13           cross-agency work that is so essential to 

14           support our students' mental health.  And 

15           we're looking at different ways that we can 

16           do this and -- you know, telepractice, we're 

17           looking at ways that we embed this idea of 

18           mental health services into our landscape, 

19           and the best ways, the most efficient ways of 

20           doing it.

21                  I can also ask Jim to give you some 

22           specifics as well, if you like, Senator.

23                  SENATOR MAYER:  Sure.  If it's quick.

24                  (Laughter.)


                                                                   36

 1                  NYSED COMMISSIONER ROSA:  Yes.

 2                  SR. DEP. COMMISSIONER BALDWIN:  Thank 

 3           you, Commissioner.  Thank you, Senator.  

 4                  One of the areas that we're focusing 

 5           on is social-emotional learning.  And that is 

 6           really designed to help students develop the 

 7           skills, the knowledge, the attitudes that 

 8           they can carry forward to develop healthy 

 9           relationships, to avoid risky behaviors.  We 

10           know that drug use, violence, bullying, 

11           dropping out are all issues that our schools 

12           are dealing with.  The department has 

13           supported districts in their efforts to 

14           provide additional social-emotional learning 

15           opportunities for our students.  

16                  And then in addition to that we have 

17           our program that would help support 

18           culturally responsive and sustaining 

19           education in our schools.  And that really 

20           starts from the premise that we are welcoming 

21           students into our schools, and we are looking 

22           at the assets that they bring to the 

23           classroom, we're looking at the assets that 

24           they bring to the school, and we're building 


                                                                   37

 1           an educational program for them around those 

 2           experiences and those assets.

 3                  SENATOR MAYER:  Thank you very much.  

 4           I will yield my remaining time.  Thank you.

 5                  CHAIRWOMAN WEINSTEIN:  Thank you.  We 

 6           go to the Senate -- I'm sorry, Senator 

 7           Krueger.  So let's go to our Majority Leader.  

 8           Yes, Crystal Peoples-Stokes, please, for 

 9           questions.

10                  ASSEMBLYWOMAN PEOPLES-STOKES:  Thank 

11           you very much, Madam Chair.  And I certainly 

12           want to thank the chairwoman from the Senate 

13           as well, Senator Krueger.  

14                  An honor to see you, Commissioner.  

15           Thank you for being here this morning.  It's 

16           good to see all my colleagues.  I just have a 

17           couple of really quick questions.

18                  One, I just want a confirmation on if 

19           it's in fact true that much of the basis of 

20           education, academic education, is provided 

21           during kindergarten through 4th grade.  Is 

22           that a correct assumption?

23                  NYSED COMMISSIONER ROSA:  I'm sorry, 

24           that most of --


                                                                   38

 1                  ASSEMBLYWOMAN PEOPLES-STOKES:  Most of 

 2           the academic basis of education is provided 

 3           K-4, and everything else that happens after 

 4           that is kind of built on that foundation that 

 5           young people receive at those grade levels, 

 6           is the question.

 7                  NYSED COMMISSIONER ROSA:  The -- it's 

 8           like building a house.  That foundation has 

 9           to be solid.  And when the foundation is 

10           built to be solid, it can really support as 

11           we go through our education.

12                  So you're absolutely -- early 

13           childhood, that foundation is essential 

14           throughout --

15                  ASSEMBLYWOMAN PEOPLES-STOKES:  Okay.  

16           So -- and I actually concur.  I just wanted 

17           to make sure because, you know, sometimes 

18           those of you who are in the field, you know 

19           these things a lot better than those of us 

20           who sit around and think we know what's 

21           right.  So I wanted to confirm that.

22                  And given that is a fact, would you 

23           say that your agency, State Education, spends 

24           considerably more amount of resources and 


                                                                   39

 1           focus on early childhood education than you 

 2           do on other grades?  Or is it simultaneous 

 3           across the board?

 4                  NYSED COMMISSIONER ROSA:  I would 

 5           say -- well, you know that we spend -- we had 

 6           the blue ribbon report that addressed the 

 7           issue of early childhood.  We clearly agree 

 8           when you asked the question about the 

 9           foundation.  

10                  But the foundation is the starting 

11           point.  So you build on that foundation.  And 

12           again, you know, having been a middle school 

13           and a high school principal, you see that -- 

14           you take the foundation and you really 

15           develop from the early childhood through the 

16           elementary, from the elementary, we begin to 

17           expand, extend the knowledge base.  

18                  So middle schools and high schools are 

19           just as important.  And so that the continuum 

20           has to be looked at.  Each segment is just as 

21           important, because you're -- it's building 

22           blocks.  So you can't just build a strong 

23           foundation that's not there.  You have to 

24           then move it, when you move them into middle 


                                                                   40

 1           school, there are other aspects of middle 

 2           school that are essential to build on.  And 

 3           then from middle school, of course, we know 

 4           high school, and then getting them ready in 

 5           terms of whether it's college readiness or 

 6           getting them ready for college and career.

 7                  ASSEMBLYWOMAN PEOPLES-STOKES:  So a 

 8           lot of the data tells us, of recent, that 

 9           most -- or a lot of young people who end up 

10           in high school, who actually end up 

11           graduating from high school, who are not 

12           college-ready.  So somewhere along the line 

13           academically, the system that's supposed to 

14           provide them with this education failed.

15                  And I don't know if you can actually 

16           determine whether that is something that 

17           happened in early childhood or middle grades 

18           or high school.  But wherever it happened at, 

19           there needs to be a concerted focus on fixing 

20           that.  I think that there are a number of, 

21           you know, SUNY and CUNY colleges that would 

22           acknowledge that, you know, K-12 is sending 

23           far too many students to college that are not 

24           prepared to be in college.  And that is not a 


                                                                   41

 1           very good return on the investment that we've 

 2           put in for K-12.

 3                  And so I am appreciative that, you 

 4           know, the Foundation Aid dollars are there.  

 5           I'm appreciative that you're actually going 

 6           to get access to additional positions, 

 7           although I hope that those positions end up 

 8           having some concerted focus on making sure 

 9           that that foundational education is provided 

10           for everyone who attends schools in the State 

11           of New York.  

12                  And given that does not happen, 

13           what -- how are we ever going to hold 

14           somebody responsible for the fact that every 

15           year we spend more but every year we're not 

16           getting more?

17                  NYSED COMMISSIONER ROSA:  Well, let me 

18           just say that obviously, you know, we try to 

19           isolate many of these issues in terms of 

20           looking at -- obviously we know that in 

21           society there are many, many, many issues 

22           that we grapple with, even in our educational 

23           space.  

24                  For example, we've had a tremendous 


                                                                   42

 1           influx of young people coming to our country 

 2           from places that -- right now we're placing 

 3           students that have never even been to school 

 4           and, you know, are coming from different 

 5           places, different stages --

 6                  ASSEMBLYWOMAN PEOPLES-STOKES:  You 

 7           know what, Commissioner, I appreciate that.  

 8           And you know I understand that.

 9                  NYSED COMMISSIONER ROSA:  Right.

10                  ASSEMBLYWOMAN PEOPLES-STOKES:  And I 

11           appreciate the fact that we are in a position 

12           where we are the kind of country that 

13           welcomes new citizens here.  I think it's an 

14           awesome thing.

15                  But I represent a district of people 

16           where many of them have already been in this 

17           country, they were born in this country, and 

18           they're being -- going through a system of 

19           education where they've not properly been 

20           educated.  I think it's easy enough to find a 

21           lot of reasons why that doesn't happen.  I 

22           get it.  But at some time, somebody has to be 

23           the professional in the room and say, This is 

24           what has to happen in order for this to 


                                                                   43

 1           change.  And I'm just trying to figure out 

 2           who that professional in the room is going to 

 3           be, and when are we going to hold them 

 4           accountable for the massive investments that 

 5           we make in education and not necessarily 

 6           getting back the return.

 7                  NYSED COMMISSIONER ROSA:  So let me 

 8           respond from -- you know, we obviously work 

 9           with our local school districts, our local 

10           superintendents.  Right?  School boards hold 

11           the local superintendents responsible.  So 

12           collectively, we have a commitment, an 

13           obligation to do this work.

14                  Now, one of the things that I think is 

15           critical is that we look -- you know, we look 

16           at our societies and our different school 

17           districts, and as you know, even in the 

18           department, why do we have monitors in 

19           certain districts?  Why do we have schools 

20           under review?  Why do we have, you know, all 

21           of these different ways of looking at these 

22           situations at the local level?  Because in 

23           many situations we do have school districts, 

24           we do have schools, we do have communities 


                                                                   44

 1           where the results are not obviously what we 

 2           want them to be.  That is as a department, we 

 3           are responsible to support the local 

 4           educational endeavors and success.

 5                  Now, granted, I have to tell you I 

 6           have some districts that we work with, but we 

 7           don't have the final -- you know, 

 8           superintendents are hired by school boards, 

 9           and you know this.  I'm not telling you 

10           anything you don't know.  But -- and they 

11           hold their schools accountable.  And we try 

12           to work under some very difficult situations 

13           because we don't -- we don't have the 

14           authority to hire and fire principals, 

15           superintendents --

16                  ASSEMBLYWOMAN PEOPLES-STOKES:  But -- 

17           life is hard, I get it.  Can you just tell me 

18           who the person is in your agency that works 

19           with early childhood education?  And then 

20           I'll reach out and speak with them later.

21                  NYSED COMMISSIONER ROSA:  I'm sorry, 

22           who is the person that --

23                  ASSEMBLYWOMAN PEOPLES-STOKES:  The 

24           staff person that works in State Education 


                                                                   45

 1           with early childhood education.

 2                  NYSED COMMISSIONER ROSA:  Oh, sure.  

 3           We have --

 4                  ASSEMBLYWOMAN PEOPLES-STOKES:  Who 

 5           does that?

 6                  NYSED COMMISSIONER ROSA:  Yeah, I will 

 7           send you several names of different people 

 8           who work with childhood education, because 

 9           it's not just one person.  We have -- I'll 

10           not only send you that, but also how -- we 

11           will send you documentation of how we work 

12           with the various districts in this area.

13                  ASSEMBLYWOMAN PEOPLES-STOKES:  Okay.  

14           Thank you, Commissioner.  I appreciate you.  

15                  And thank you, Madam Chair, for the 

16           opportunity to raise this issue.

17                  CHAIRWOMAN WEINSTEIN:  Sure.  

18                  Before we turn it over to the Senate, 

19           I just want to acknowledge that we've been 

20           joined by Assemblyman Taylor, Assemblyman 

21           McDonough, and Assemblyman Byrne.

22                  And now we go to Senator Krueger.

23                  CHAIRWOMAN KRUEGER:  Thank you very 

24           much, Assemblywoman.


                                                                   46

 1                  And our next questioner is Senator 

 2           John Liu, chair of the --

 3                  SENATOR TEDISCO:  Senator?  Senator?

 4                  CHAIRWOMAN KRUEGER:  Yes?

 5                  SENATOR TEDISCO:  This is Senator Jim 

 6           Tedisco.  I'm the ranker on Education in the 

 7           Senate.

 8                  CHAIRWOMAN KRUEGER:  I'll get to you.  

 9           We'll get to you, Senator.

10                  SENATOR TEDISCO:  I've had some 

11           problems getting in today, I don't know what 

12           the problem was.  Was there some dysfunction 

13           when we started the meeting?

14                  CHAIRWOMAN KRUEGER:  There's always 

15           something with Zoom, Jim.

16                  So I will put you higher up on the 

17           list, but you still come after chairs.  

18                  So Senator John Liu, chair of the 

19           New York City Education Committee, next.

20                  SENATOR TEDISCO:  Thank you.

21                  SENATOR LIU:  Thank you, Madam Chair.

22                  I want to assure Senator Tedisco that 

23           there was not a special Tedisco block on the 

24           Zoom entries.


                                                                   47

 1                  SENATOR TEDISCO:  Oh, I know, I know 

 2           that.

 3                  CHAIRWOMAN KRUEGER:  I don't actually 

 4           know if that's true, John Liu, but that's 

 5           fine if you want to say that.

 6                  (Laughter.)

 7                  SENATOR LIU:  In any event, I -- first 

 8           of all, I want to thank the chairs for 

 9           holding this important hearing.  The budget, 

10           the education budget is by far the largest 

11           part of our state budget every single year.  

12           And along those veins, I want to thank my 

13           colleagues in our house, Senator Mayer and 

14           Senator Krueger, for advancing the Foundation 

15           Aid, the victory of which we celebrated last 

16           year.

17                  My first question to our wonderful 

18           commissioner, Betty Rosa, is are we 

19           definitely on track for Foundation Aid to be 

20           fully phased in by next fiscal year?

21                  NYSED COMMISSIONER ROSA:  Absolutely.  

22           We are -- we are on track.  And I'm going to 

23           ask Phyllis to give you some specifics, but 

24           I'm also looking to -- looking down the road 


                                                                   48

 1           when we're fully -- you know, we fully have 

 2           made our commitment, that we look at our 

 3           current formula.

 4                  So Phyllis?

 5                  SENATOR LIU:  Well, I -- I -- thank 

 6           you, Commissioner.  With all due respect, I 

 7           don't need the specifics, I just wanted an 

 8           assurance.  Because we believe we're on 

 9           track --

10                  NYSED COMMISSIONER ROSA:  Yes.

11                  SENATOR LIU:  -- but I wanted to make 

12           sure that you and the State Education 

13           Department still believe that we are on track 

14           to fully fund the Foundation Aid --

15                  NYSED COMMISSIONER ROSA:  Yes.

16                  SENATOR LIU:  -- by next year.

17                  NYSED COMMISSIONER ROSA:  Yes.

18                  SENATOR LIU:  Okay, great.

19                  And then I also want to commend you 

20           for your comments about providing funding for 

21           our special education providers.  We all know 

22           that it's lagged far behind.  Senator Mannion 

23           had a great bill that we all supported.  

24           Unfortunately, the Governor had vetoed it, 


                                                                   49

 1           but promised to address it in the state 

 2           budget, which I believe she did, with the 

 3           11 percent increase.

 4                  But to Assembly Chair Benedetto's 

 5           point, there needs to be an ongoing -- some 

 6           kind of indexation, which you referenced in 

 7           your testimony.

 8                  So my simple question to you is, does 

 9           that require legislation or simply the 

10           appropriation of $1.25 million that you 

11           requested?

12                  NYSED COMMISSIONER ROSA:  Well, I 

13           think the appropriation.

14                  But I also -- to -- you know, the 

15           statement that Phyllis made is critical as 

16           well.  I am concerned about the $240 million.  

17           The spending in one year is going to be quite 

18           challenging.

19                  So I think it's something that I'd 

20           like to work with -- you know, to work on.  

21           Because as I said, the 11 percent is welcome, 

22           I think the base is excellent.  I just don't 

23           know -- I shouldn't say I don't know.  We 

24           have had internal conversations about the 


                                                                   50

 1           fact that this appropriation should be a -- 

 2           five years.  And this way -- I want the 

 3           spending to be used with thoughtfulness and 

 4           so that people are not looking to just rush 

 5           --

 6                  SENATOR LIU:  Okay.

 7                  NYSED COMMISSIONER ROSA:  So if -- 

 8           with all due respect, if I can have a 

 9           specific conversation of what our concerns -- 

10           I think Phyllis alluded to some of them.  We 

11           have been doing some extensive looking at 

12           this issue, and we will share that with you.

13                  SENATOR LIU:  Terrific.

14                  So if there's any legislation that 

15           would help ensure that this funding remains 

16           appropriate and not lagged for so many years 

17           behind the rest of the education budget, 

18           please let us know.  We would like to --

19                  NYSED COMMISSIONER ROSA:  Right.  

20           Yeah.  And I think our methodology -- we're 

21           going to need to correct the current method 

22           that's used.  So that's why we were looking 

23           at the funding to do so.  And we will include 

24           that in our response.


                                                                   51

 1                  SENATOR LIU:  All right.  A couple of 

 2           easy questions first.

 3                  Commissioner Rosa, I found your 

 4           testimony interesting on a number of 

 5           different levels.  There was one statement 

 6           that you made towards the beginning, I guess 

 7           in your introductory remarks, that I just 

 8           wanted to ask for some clarification on.  You 

 9           mentioned the word "equity," which these last 

10           couple of years, it's just become like a 

11           catch-all phrase for almost everything.  And 

12           it's -- I will admit, it's hard for me to 

13           understand exactly what people are talking 

14           about whenever they will mention the word 

15           "equity" without more context.  

16                  So in your introductory comments 

17           you've mentioned the word "equity" as it 

18           relates to -- "equity for all students to 

19           prepare for college, careers and civic 

20           engagement, regardless of background, zip 

21           code, first language or ability."  I 

22           understand the background.  I understand zip 

23           code and first language.  I'm not sure what 

24           that "ability" means.  What is equity with 


                                                                   52

 1           regard to ability?

 2                  NYSED COMMISSIONER ROSA:  Sure.

 3                  So when we -- a lot of times we talk 

 4           about disability, right?

 5                  SENATOR LIU:  Okay.  So that's what 

 6           you mean --

 7                  NYSED COMMISSIONER ROSA:  Yeah.  So I 

 8           like to think of -- I like to think about 

 9           equity in terms of ability meaning that 

10           different children, different young adults 

11           have different talents.

12                  SENATOR LIU:  Okay.

13                  NYSED COMMISSIONER ROSA:  I like to 

14           focus on their abilities.  I like to focus on 

15           their potential.

16                  SENATOR LIU:  Commissioner, I am 

17           completely clarified at this point.

18                  You know, the word "ability" is also 

19           not necessarily just referring to students 

20           without disabilities or students with 

21           disabilities, but there's a continuing debate 

22           and discussion about whether, for example, 

23           students can learn at an accelerated pace 

24           relative to other students.  So I thought 


                                                                   53

 1           maybe that's what you might have been 

 2           referring to.  But I totally understand your 

 3           clarification about students without 

 4           disabilities.

 5                  NYSED COMMISSIONER ROSA:  And if I can 

 6           just add one more element to that.  For 

 7           example, we have students whose talents may 

 8           be in performing arts.  Right?  We have 

 9           students whose talents may be very specific 

10           to the sciences and other areas.  They may 

11           have an ability, a strength, if you will, in 

12           one area and not necessarily in another area.  

13                  So building on those building blocks 

14           to their abilities is, I truly believe, an 

15           education.  We have in many cases 

16           one-size-fits-all, which in effect is 

17           something that we are trying to make sure 

18           that through our grad measures conversations, 

19           that we think about how do we meet the 

20           students where they are and how do we look at 

21           their talents and build on those talents.  

22           Because a lot of times students have certain 

23           talents and look at other students -- so in 

24           our system we value certain talents and we do 


                                                                   54

 1           not value others.  So equity for me, in terms 

 2           of ability, is to really meet the students 

 3           where they are and enhance those, support 

 4           those, and make sure we celebrate those.

 5                  SENATOR LIU:  If I understand your 

 6           statements correctly, then I am in full 

 7           agreement with you that there should be some 

 8           recognition of ability or, as you say, talent 

 9           in different areas of our public school 

10           system, whether they be in the performing 

11           arts or in the sciences, what some people 

12           might consider more traditional academic 

13           areas, versus performing arts or sports or 

14           things that people may consider less academic 

15           in nature.

16                  So I think it's a good thing that we 

17           recognize the ability or talent of some 

18           students to excel along those lines.

19                  My final question for you, 

20           Commissioner -- I know this is a topic we've 

21           been talking about for a long time, but we've 

22           got to keep talking about it because we need 

23           to get this stuff done.  And that is that, 

24           you know, for a long time the 


                                                                   55

 1           African-American community has been calling 

 2           for curricula and educational requirements in 

 3           public schools throughout the State of 

 4           New York.  As you are fully aware, the last 

 5           couple of years has been terrible for the 

 6           Asian-American community.  We still face a 

 7           huge amount of anti-Asian hate, even -- 

 8           especially with the recent rise of Omicron, 

 9           we also saw a severe uptick in anti-Asian 

10           attacks.  And I think education and helping 

11           our future generations, including the current 

12           generation of schoolkids in our New York 

13           public schools, understand Asian-American 

14           history and our experience will help, you 

15           know, take away this perpetual foreigner 

16           syndrome and "model minority" myth that, you 

17           know, Assemblymembers Ron Kim and Yuh-Line 

18           Niou are fully, you know, advocating for to 

19           dispel those kinds of myths so that we can be 

20           treated as humans and we all face these kind 

21           of vicious attacks on the streets, in the 

22           subways, anywhere that we have seen 

23           throughout these last couple of years.

24                  So we need to get the syllabi and the 


                                                                   56

 1           requirements and the material out to our 

 2           public schools.

 3                  NYSED COMMISSIONER ROSA:  And I 

 4           totally agree.  And which is why I think you 

 5           know we've been having these conversations 

 6           around different needs and trying to, through 

 7           our culturally responsive way, creating 

 8           resources so that we really -- the tapestry 

 9           has to become obviously one that gives voice 

10           to the voiceless.  And so I totally agree.

11                  SENATOR LIU:  I love you, Commissioner 

12           Rosa, I love Chancellor Young -- but I also 

13           love a schedule.  So we need to get a 

14           timetable on this.

15                  NYSED COMMISSIONER ROSA:  Absolutely.

16                  SENATOR LIU:  Thank you.  Thank you so 

17           much.  Thank you, Madam Chair.

18                  CHAIRWOMAN WEINSTEIN:  We go to our 

19           Higher Ed chair, Deborah Glick.

20                  ASSEMBLYWOMAN GLICK:  Thank you.  It's 

21           good to see you, Commissioner.  

22                  And I know that I will have a chance 

23           to go over some of the higher ed issues at 

24           another table, so let me just ask you:  


                                                                   57

 1           During this period of COVID, we believe that 

 2           students have had significant learning loss.  

 3           We had issues with graduation rates and with 

 4           college readiness before the pandemic, but 

 5           now many educators are very concerned about 

 6           learning loss.  

 7                  So I'm wondering what strategies are 

 8           being discussed or considered in order to 

 9           help students who are in high school to -- 

10           I'll get the phrase -- catch up in order to 

11           be ready to take this step into college.  

12           College admissions are down partly because 

13           students don't want to spend their lives on 

14           Zoom, they don't want to spend their 

15           resources to -- they want a college 

16           experience.  But many students aren't going 

17           to be ready.  

18                  What plans are there?  Are you 

19           thinking about summer school catch-ups or 

20           what?

21                  NYSED COMMISSIONER ROSA:  So even 

22           before the -- you know, when we were looking 

23           at -- when we were at the -- if there's such 

24           a thing as pre-pandemic, one of the things 


                                                                   58

 1           that I think in the department we have 

 2           attempted various times is the issue of P-20, 

 3           looking at the whole issue of P-20.  

 4                  But within P-20, to your point, how do 

 5           we create opportunities to create a continuum 

 6           of what the needs are?  And more than ever 

 7           during the pandemic, not just because of 

 8           learning loss but also because of the trauma, 

 9           the social, the emotional, the helping 

10           students regain and feel the kind of support 

11           to get back on -- you know, excited about 

12           education, excited about, as you said, going 

13           to college, excited about -- even with 

14           work-related issues.

15                  So part of -- this has been with us 

16           every single day.  We have conversations, you 

17           know, in terms of not just the higher ed, how 

18           collectively we can make those transitions -- 

19           as recent as this week -- those transitions 

20           inviting, exciting again, even while we're 

21           going through this.  What are the kinds of 

22           things beyond summer, extended?  How do we 

23           look at time of -- you know, kids getting -- 

24           looking at projects and things that they can 


                                                                   59

 1           get excited about so that it's not just 

 2           adding more and looking at the negative of a 

 3           loss, but rather what's the way that we can, 

 4           as a system, support our young people to find 

 5           a path, a way to engage with the learning 

 6           process again?  Because some of them really 

 7           fell off in many ways.

 8                  So we want to really -- you know, I 

 9           look back and I'm sure Senator Jackson is 

10           here.  You know, I came from a middle school 

11           that was Monday through Friday from 7:30 in 

12           the morning till 10 p.m., and on Saturday 

13           it's till 6 p.m., because the kids could do 

14           projects.  I think we have to look at how do 

15           we create expanded opportunities for our 

16           young people to regain, to really become very 

17           much involved again in looking at where these 

18           openings, these holes are, and how to fill 

19           them.  And what are the ways that we can do 

20           that to support them doing that.

21                  I've even had a conversation, just to 

22           give you one quick example --

23                  ASSEMBLYWOMAN GLICK:  Maybe -- maybe 

24           we could talk a little bit more about that 


                                                                   60

 1           example -- you know, I only have a limited 

 2           amount of time in which to ask and get 

 3           answers.

 4                  NYSED COMMISSIONER ROSA:  Sure.  Sure.

 5                  ASSEMBLYWOMAN GLICK:  Since you 

 6           brought up the issue of the school buildings 

 7           being open longer days, I certainly remember 

 8           an after -- you know, a night school that 

 9           provided a wide range of things to people in 

10           the community, whether they were children or 

11           not.  And maybe that is something that we 

12           could have more of a discussion on at another 

13           time.

14                  NYSED COMMISSIONER ROSA:  Yes.

15                  ASSEMBLYWOMAN GLICK:  But I'm 

16           wondering, there was a discussion earlier 

17           about early identification of students with 

18           various types of learning disabilities, 

19           whether it's dyslexia or some other learning 

20           disability.  And I'm wondering what kind 

21           of -- since the systems are so large and so 

22           vast, what are the targeted response to 

23           those, identifying those students, and how do 

24           you bring them up to their grade level?


                                                                   61

 1                  NYSED COMMISSIONER ROSA:  Right.

 2                  ASSEMBLYWOMAN GLICK:  And what is your 

 3           time frame for doing that?

 4                  NYSED COMMISSIONER ROSA:  Right.  

 5           Well -- and let me just clarify.  The 

 6           identification is not just for dyslexia or 

 7           students that -- you know, every student -- 

 8           many students need an EP, and educational 

 9           plan.  It's not just our special-needs 

10           students.  

11                  The screening process is just a way of 

12           finding early on, you know, what are the 

13           kinds of resources that we have to -- whether 

14           it's an English language learner, whether 

15           it's a student that may need some management 

16           skills on their study habits.  I mean, 

17           they're just different -- the screening 

18           process helps -- for this particular 

19           screening process, that was dyslexia.  But I 

20           think we have to look at how do we use the 

21           screening process early on to find the 

22           resources and align those resources with the 

23           specific needs.

24                  To your point, some of this will be 


                                                                   62

 1           extended-day.  Some of this will be ways that 

 2           we find project-based -- different ways of 

 3           engaging our students.  Some of our kids 

 4           would go to mentors.  That was a way of 

 5           connecting with a particular -- you know, 

 6           some of my middle schools would go to 

 7           Project Lib {ph}, Morgan Stanley, and would 

 8           have an experience with other individuals and 

 9           business.  And this was in middle school.  

10                  So I think that there are many 

11           practices that have been embedded.  We just 

12           have not built capacity and expanded in many 

13           of these excellent practices that we need to 

14           expand.  And what we've been doing with our 

15           superintendents is working on sharing these 

16           practices so that they take hold and we 

17           can -- you know, we can clearly help 

18           individual schools and individual school 

19           districts to really expand on some of these 

20           best practices.

21                  ASSEMBLYWOMAN GLICK:  We have a new 

22           mayor in the largest school district in the 

23           state.  The Governor recommends a 

24           reauthorization of mayoral control for four 


                                                                   63

 1           years.  I'm wondering what your experience 

 2           was with the prior administration under 

 3           mayoral control and what you think -- some of 

 4           us think that perhaps we need a shorter 

 5           timeline just to ensure that the new team is 

 6           working appropriately.

 7                  And so I'm wondering how you feel 

 8           about maybe a two- or three-year extension 

 9           and whether you've had -- been engaged with 

10           the new DOE team, which I have to admit I've 

11           had more communication with in the last two 

12           weeks than I had in the last two years with 

13           the prior administration.

14                  So I'm just wondering what your 

15           thoughts are about the largest school 

16           district and the changes that are underway 

17           with the new administration.

18                  NYSED COMMISSIONER ROSA:  Well, I 

19           think the mayoral control issue obviously is 

20           in your lane.  

21                  I do believe that -- and to your 

22           point, and I'm going to be very succinct with 

23           this, we have had amazing -- in a short 

24           period of time, amazing conversations with 


                                                                   64

 1           the new administration, including the mayor's 

 2           staff and the new chancellor.  And while he's 

 3           been specific about the backlog that has -- 

 4           in terms of our impartial hearing officers 

 5           and OATH and the backlog on this issue, they 

 6           have been very responsive, they've asked for 

 7           information, they have followed up.  We even 

 8           agreed to monthly meetings with both the 

 9           mayor's office and the DOE.  

10                  So I will tell you, if the early start 

11           is any indication of where we can go, this 

12           has been incredible.  So I've had similar 

13           experience, as you've indicated, with the new 

14           administration.  It has been encouraging and, 

15           more importantly, they have followed through.

16                  ASSEMBLYWOMAN GLICK:  Well, thank you 

17           very much.  And I'll see you next week.  And 

18           I yield back my 15 seconds.

19                  CHAIRWOMAN WEINSTEIN:  We go to the 

20           Senate now, Senator Krueger.

21                  CHAIRWOMAN KRUEGER:  Thank you.  

22                  CHAIRWOMAN WEINSTEIN:  Oh, beforehand, 

23           we've been joined by Assemblyman Aubry and 

24           Assemblyman Reilly.  


                                                                   65

 1                  Thank you.  To the Senate now.

 2                  CHAIRWOMAN KRUEGER:  Thank you. 

 3                  All right, we go to Sean Ryan, the 

 4           chair of the Libraries Committee.

 5                  SENATOR RYAN:  Thank you.  

 6                  Thank you, Commissioner, for joining 

 7           us here today.  I think we're really 

 8           fortunate to have you at the helm during the 

 9           pandemic.  It's not been easy.  You've been 

10           in the hot seat.  And, you know, it's been 

11           thankless.  So I thank you for your good 

12           work.

13                  NYSED COMMISSIONER ROSA:  Thank you.

14                  SENATOR RYAN:  Thanks for your plug 

15           for the increase in the construction fund for 

16           libraries.  

17                  Do you have a sense, Commissioner, of 

18           the long-term capital needs for libraries?  I 

19           know that the programs are oversubscribed 

20           every year, but I haven't been able to get a 

21           handle on how much we would need over, say, a 

22           decade to catch up.  Do you?

23                  NYSED COMMISSIONER ROSA:  Actually 

24           we've been doing some analysis, and we could 


                                                                   66

 1           get that to you.  Because this is -- you 

 2           know, our connection with the library and the 

 3           importance of the library, not just in terms 

 4           of the funding -- as you know, last year, 

 5           last January, around this time, we did some 

 6           work in this area in terms of a virtual.

 7                  We know the importance of the library 

 8           and the connection in terms of family and 

 9           students and the joy and the ways that the 

10           library can expand and enrich the lives of 

11           our young children and our young adults.

12                  So we will get that to you.  I think 

13           internally we have been really looking at 

14           building a stronger way of messaging this 

15           narrative.  As you know, we've put out a lot 

16           of -- in our both -- you know, in our parent 

17           newsletters and the way that we have been 

18           really focusing on that intersection and that 

19           connection.

20                  But I can turn to Jim if you want, but 

21           I am more than glad to --

22                  SENATOR RYAN:  I'm happy just if you 

23           can just keep sharing information that you 

24           have.


                                                                   67

 1                  NYSED COMMISSIONER ROSA:  Sure.  Okay.

 2                  SENATOR RYAN:  And, you know, thank 

 3           you also for the increase in Operating Aid, 

 4           the first time that's been increased in many 

 5           years.

 6                  I wanted to switch over to the three 

 7           Native Schools in New York State.  Very happy 

 8           to see the capital allocation to them.  There 

 9           was also an allocation to higher 

10           educational -- looks like Associates in 

11           Educational Improvements.  I noticed that it 

12           was budgeted for two people on that.  You 

13           know, there are three schools and they're 

14           geographically spread out.  So just ask you 

15           to, you know, keep an eye on that to see 

16           whether or not one personnel at each school 

17           is better, because they are spread all over, 

18           from Northern New York to Western New York to 

19           Central.

20                  NYSED COMMISSIONER ROSA:  Right.  And 

21           we're -- as you know, this was -- both the 

22           Regents -- we were very, very -- I would say, 

23           you know, we developed a strategy, we went 

24           to -- you know, the Regents got on board 


                                                                   68

 1           immediately.  We asked, for all three 

 2           schools, what the funding looked like.  We 

 3           immediately responded because truly this 

 4           whole idea of our Nation schools is extremely 

 5           important to us.

 6                  So we will look out for the third 

 7           position.  And as I said, this is extremely 

 8           important.

 9                  SENATOR RYAN:  That's great.  Thank 

10           you so much.

11                  You know, going to the pandemic and 

12           how we're trying to recover, in Buffalo in 

13           particular I have some concerns that prior to 

14           the pandemic we were seeing declining test 

15           scores for the 3-8 benchmarks.  And then we 

16           also had a persistent absentee problem, which 

17           has just been made worse.  Our superintendent 

18           recently questioned the validity and the 

19           reliability of the benchmark testing.  So, 

20           you know, if we have the superintendent 

21           saying the tests aren't reliable, that really 

22           sends a message to the parents.

23                  So my question is, how the heck are we 

24           going to benchmark in a district like this 


                                                                   69

 1           then?

 2                  NYSED COMMISSIONER ROSA:  Well, what I 

 3           would say is -- you know, the difficulty 

 4           sometimes with this issue is that the test is 

 5           reliable when it suits you to be reliable.  

 6           And sometimes it's not reliable when it 

 7           doesn't suit you to be reliable.

 8                  I think our consistent message has to 

 9           be that the tests are used for a 

10           particular -- especially high-stakes tests.  

11           But there are other -- you know, we can't 

12           lose sight of the complexity and the 

13           importance of multiple ways that we assess 

14           our students.

15                  SENATOR RYAN:  There seemed to be an 

16           inference that the tests were somehow 

17           changed.  No changes, right?  Same vendor?

18                  NYSED COMMISSIONER ROSA:  Correct.

19                  I mean, I think -- I think what they 

20           may be speaking to is that during the last 

21           tests we did shorten the test.  Perhaps 

22           maybe -- you know, I'm more than glad to 

23           speak to you offline to find out the 

24           specifics on this, and perhaps maybe even 


                                                                   70

 1           speaking to the district.  I'm not -- I'm not 

 2           sure why, you know, why there would be some 

 3           difficulty with this.  Because as you know, 

 4           we did a press release on this and then --

 5                  SENATOR RYAN:  Yes.

 6                  NYSED COMMISSIONER ROSA:  Okay.  So --

 7                  SENATOR RYAN:  So I'd like to keep it 

 8           working and keep in touch if you have both 

 9           those issues of the scores and also the 

10           attendance problems.

11                  NYSED COMMISSIONER ROSA:  Sure.  Sure.  

12           And you and I usually have conversations and, 

13           you know, I'm always available too.

14                  SENATOR RYAN:  Yes, thank you.  Thank 

15           you so much.

16                  Now switching to a matter that you 

17           addressed earlier on the Farm-to-School 

18           program.  We have fantastic examples that I'm 

19           familiar with in districts like Buffalo and 

20           Hamburg, where they really embraced these 

21           programs and they've had a great outcome.  

22           That, you know, they're proud of their 

23           outcomes, that the kids are more interested, 

24           they understand better where their food comes 


                                                                   71

 1           from.

 2                  But it hasn't been widely received in 

 3           districts around the state.  I don't know why 

 4           the number is just about 4 percent of the 

 5           districts.  And I know there is a proposal to 

 6           move this to Ag & Markets.  You know, I want 

 7           to work with you and the Department of 

 8           Education and Ag & Markets through this 

 9           process, because I believe we all share the 

10           common goal of having more of our food 

11           dollars spent in New York State.  And I think 

12           we have a good template to get there.  But I 

13           don't know the impediments to it now.

14                  NYSED COMMISSIONER ROSA:  So what I 

15           would say is as follows.

16                  Obviously you know that the program, 

17           Farm-to-School, is about 47 to 50 schools, 

18           right, throughout.  So it's a small program.  

19           It just recently went through an audit and 

20           evaluation, which we're more than glad -- you 

21           know, I'm sure they'll share it with you; we 

22           can share it with you.  

23                  We have recently in the past year 

24           built a partnership with Commissioner Ball to 


                                                                   72

 1           really, truly begin to do the kind of work 

 2           that he has been doing, and to expand on -- 

 3           as you know, I think from our 1.3 there's 

 4           about 750 -- you know, somewhere in the 

 5           vicinity of 1.5 million, let's just use that 

 6           number.

 7                  And so we have been very -- you know, 

 8           obviously it's optional.  We've been 

 9           supportive, encouraging for individual 

10           districts to -- you know, to really become 

11           part of the conversation.  My biggest concern 

12           is that to go from a program that is that 

13           size to the massive program where we have to 

14           deal with issues of student privacy, we have 

15           to deal with issues of -- we have a built-in 

16           system of administering the program.  That is 

17           where I -- I have had the most amazing 

18           relationship.  He came to the Bronx, we've 

19           built -- you know, conversations around, you 

20           know, other kinds of visits.

21                  The relationship is one that needs to 

22           grow.  The conversation of how we enhance the 

23           program that he currently has is another type 

24           of conversation.  But I think there's been 


                                                                   73

 1           some misunderstanding of how do you go from a 

 2           small program without any conversation to a 

 3           massive program that you will have to --

 4                  SENATOR RYAN:  We'll continue to have 

 5           conversations on this?

 6                  NYSED COMMISSIONER ROSA:  Sure, 

 7           absolutely.  Absolutely.

 8                  SENATOR RYAN:  And I'll just close 

 9           with, you know, every year the budget comes 

10           over and every year the Schomburg Center for 

11           Research in Black Culture and the Langston 

12           Hughes Library and Cultural Center, they 

13           always get a cut.  Every single year.

14                  NYSED COMMISSIONER ROSA:  Yes.

15                  SENATOR RYAN:  Can never figure out 

16           why, Commissioner.  So if you have the 

17           knowledge base of why we cut out those 

18           programs, you know, let me know, and we can 

19           work to make sure they don't get cut.

20                  NYSED COMMISSIONER ROSA:  Okay.  Well, 

21           and I hope that the both -- you have been 

22           very gracious in restoring them, because I 

23           totally agree.  I -- I will try to find out 

24           what the thinking is behind the cuts.


                                                                   74

 1                  But again, as you know, the proposed 

 2           budgets we get a very -- you know, we get a 

 3           briefing on.  We don't really sometimes 

 4           understand the rationale, and I'm sure others 

 5           would be able to help you understand as well.  

 6           But we support both -- the restoration of 

 7           both programs.

 8                  SENATOR RYAN:  Thank you so much, 

 9           Commissioner.

10                  NYSED COMMISSIONER ROSA:  Thank you.

11                  CHAIRWOMAN KRUEGER:  Thank you.

12                  Assemblywoman Weinstein.

13                  CHAIRWOMAN WEINSTEIN:  Yes, we go to 

14           the Ways and Means ranker, Assemblyman Ed Ra, 

15           for five minutes.

16                  ASSEMBLYMAN RA:  Thank you.

17                  Just quickly, if I can acknowledge 

18           Assemblywoman Missy Miller has joined us as 

19           well.

20                  Good morning, Commissioner.

21                  NYSED COMMISSIONER ROSA:  Morning.

22                  ASSEMBLYMAN RA:  Always good to see 

23           you.  And I just want to quickly state 

24           something, and then I have some questions.


                                                                   75

 1                  But I do want to express some 

 2           frustration from yesterday.  I don't 

 3           necessarily blame the department.  I think a 

 4           lot of us were in a kind of "don't shoot the 

 5           messenger" kind of situation, and certainly 

 6           the department was.  But a lot of confusion 

 7           was -- happened yesterday, and I know that 

 8           there was some information put out Monday 

 9           night that said, you know, the mandate must 

10           be followed, and then yesterday the 

11           department said it should be followed, and 

12           that caused some confusion as well.

13                  So I hope that, you know, as we come 

14           to some further resolution of this, whether 

15           through the courts or when this does expire, 

16           we can make sure clear information and 

17           directives go out to our districts.  And 

18           certainly I think -- I think you know the 

19           tremendous respect I have for you as an 

20           educator and a leader, both during your 

21           tenure on the Board of Regents and at the 

22           department.  So I just wanted to state that.

23                  But I wanted to get into a topic that 

24           was brought up, and it's always music to my 


                                                                   76

 1           ears, after 12 years of being on these budget 

 2           hearings, when I hear chairs like Chair 

 3           Benedetto and Shelley Mayer talk about 

 4           853 schools and 4201 schools.  And, you know, 

 5           good to see them high up on the witness list 

 6           this year.  But Ms. Morris did get into a 

 7           little bit the reconciliation process and all 

 8           of that.  

 9                  And I'm just wondering -- you know, I 

10           know we have this statement, really, that 

11           this COLA is going to be there and it's 

12           great.  And, you know, I think the point was 

13           made about that money in terms of the 

14           reconciliation process and all of that 

15           needing to happen in the long run.

16                  But I guess my concern is, and I'm 

17           wondering your thoughts, on whether there 

18           should actually be, you know, Article 7 

19           language in this budget to ensure that that 

20           happens.  Something similar to the bill that 

21           was vetoed last year, to ensure there is 

22           parity for these schools in line with the 

23           increases we give to general public education 

24           each year.


                                                                   77

 1                  NYSED COMMISSIONER ROSA:  Well, if I 

 2           can take half a minute and respond to your 

 3           first part, I really -- 

 4                  ASSEMBLYMAN RA:  Sure.  Please.

 5                  NYSED COMMISSIONER ROSA:  So just my 

 6           decision, along with conversations with the 

 7           Department of Health, my decision was based 

 8           on knowing schools, as you know, as a 

 9           principal and superintendent.  It is very 

10           difficult to have a situation where a 

11           decision is made and you throw the system 

12           into chaos.  

13                  So my position has always been to 

14           maintain the integrity and maintain the 

15           stability of our educational system.  It is 

16           always going to be my priority.  I do not 

17           believe that any decision that I made should 

18           really force any district -- I mean, I -- as 

19           I'm sure you did -- watched the confusion for 

20           parents, the confusion for students.  We 

21           always want to maintain that stability.  And 

22           the only way that we can do that is to 

23           keep -- you know, while all these other 

24           things are going around the school, maintain 


                                                                   78

 1           what currently exists until such time as we 

 2           can -- legally we can work it through.  And 

 3           that was our message about stability.  

 4                  Having said that, to your second 

 5           question -- to your first question, I truly 

 6           believe, to your point, that we really -- 

 7           parity is parity, and we really have to get 

 8           to a point that we look at the current -- 

 9           looking at the rate-setting methodology.  We 

10           need to address that. Other than that, I 

11           think this is not going to -- while, you 

12           know, the base is better, you know, we can 

13           look at this over a period of time.  I'd like 

14           to move beyond the one year.

15                  And we're more than glad to be 

16           specific with the legislators in terms of our 

17           specific concerns about this.  But at some 

18           point we truly have to get to correcting a 

19           methodology that -- you know it and we all 

20           know it -- has not worked.

21                  ASSEMBLYMAN RA:  Yes, absolutely.  

22           And, you know, I'd appreciate if your staff 

23           maybe could provide the details of that 

24           proposal --


                                                                   79

 1                  NYSED COMMISSIONER ROSA:  Absolutely.

 2                  ASSEMBLYMAN RA:  -- for the five years 

 3           so that we have that window to finally 

 4           correct this so that, going forward, these 

 5           schools are on better financial footing.  

 6           Because it's important.  And as you know, 

 7           with the pandemic, there were people not 

 8           getting evaluated that needed these types of 

 9           schools.  And when everything is so dependent 

10           on, you know, that reconciliation process 

11           and, you know, pupil count, it certainly has 

12           an impact.

13                  So thank you.

14                  NYSED COMMISSIONER ROSA:  Absolutely.

15                  CHAIRWOMAN WEINSTEIN:  We go to the 

16           Senate now.  

17                  Senator Krueger.

18                  CHAIRWOMAN KRUEGER:  Thank you very 

19           much.

20                  And we have come to Ranker Jim 

21           Tedisco, five minutes.

22                  SENATOR TEDISCO:  Thank you, Senator.  

23                  Commissioner, I can't see you yet, but 

24           I hope they bring you up so I can be looking 


                                                                   80

 1           at you on the screen here, you're not still 

 2           looking at Senator Krueger.  Oh, there you 

 3           are.  Okay, great.

 4                  Thank you for being here.  Thank you 

 5           for the wonderful service you've provided 

 6           over the years as Regent, as the Regent 

 7           leader, and now as the commissioner.  We 

 8           really appreciate your love of our children 

 9           and education, something we share and I know 

10           many of my colleagues share. 

11                  The excitement is we've got full 

12           Foundation Aid geared up.  It's something we 

13           all, many of us have been supporting, we know 

14           the importance of funding our educational 

15           system.  Kids are our future, and their 

16           education is maybe the most huge part of 

17           their future in terms of their success.  I 

18           think that's something we all agree upon.

19                  But the concern I have, and I'll ask 

20           you about this, is we could have double the 

21           Foundation Aid, we could have triple the 

22           Foundation Aid, and I know it's been 

23           mentioned somewhat here, but if we don't use 

24           it in the most efficient and effective way to 


                                                                   81

 1           bring those test scores up, to get those 

 2           graduation rates in place, to make sure that 

 3           they get the full extent of a great 

 4           education, we fail.  It's not only about the 

 5           dollars, which we're going to receive and 

 6           which they deserve, it's about creating 

 7           parity and fairness along with that 

 8           efficiency I initially talked about.

 9                  So what I think I want to ask you, 

10           first and foremost, is we know the funding's 

11           there and we've seen the budget that's been 

12           presented now.  But over the years my 

13           concern, as someone who -- and I always say 

14           this tongue in cheek -- had a real job at one 

15           time, I was an educator, as you know, we've 

16           talked about that before.

17                  NYSED COMMISSIONER ROSA:  Yes.

18                  SENATOR TEDISCO:  For ten years I 

19           taught kids with learning challenges and I 

20           was special education instructor, got my 

21           degree from the College of St. Rose and Union 

22           College before that.  My real concern is 

23           about maybe the lack of an understanding of 

24           diversity in the formula itself.


                                                                   82

 1                  And could you address what your 

 2           feelings are about the formula from the past 

 3           and the formula now as we move towards 

 4           Foundation Aid, and what you think we may be 

 5           able to do?  Because, Commissioner, I 

 6           represent a very diverse district -- urban, 

 7           rural and suburban.  And some of them have 

 8           the same -- many of the same needs, but many 

 9           have different needs based on this 

10           environment that they're a part of, and high 

11           needs, low income, high wealth.  

12                  Can you tell what you feel about the 

13           formula the way it's been presented with the 

14           dollars we have in the budget this year as 

15           you've seen it?

16                  NYSED COMMISSIONER ROSA:  Sure.

17                  So three parts to this.  One is that 

18           the formula in statute has not been updated.  

19           Right?  We know that.

20                  SENATOR TEDISCO:  Right.

21                  NYSED COMMISSIONER ROSA:  And that's 

22           the thing that since its inception, it has 

23           been -- you know, my understanding is that 

24           you look at the 2000, you know, Census, 


                                                                   83

 1           poverty.

 2                  So one of the concerns we have is 

 3           that, you know, once we get past these three 

 4           years and we've fully -- you know, we've 

 5           gotten to the fully funded, I think we really 

 6           need to drill down and look at the formula 

 7           and the way it has been -- to your point, how 

 8           it's been responsive or not to the various 

 9           needs.

10                  Now, the one thing I do want to say is 

11           that we have been, for years, in a financial 

12           challenging issue.  Therefore, to many of the 

13           questions that have come up, while we have 

14           this time and place of funding, we are still 

15           going to be backfilling, not only in terms of 

16           learning loss, but we're going to be 

17           backfilling the fact that not every school 

18           has a nurse.  Not every school has a library.  

19           Not every school has the kinds of resources, 

20           to some of the questions that have come up, 

21           that really create a comprehensive space and 

22           place for children to have the very, very 

23           best resources to really be successful.

24                  SENATOR TEDISCO:  Let me just break in 


                                                                   84

 1           on that point that you made now.

 2                  So are you saying that the formula 

 3           right now and in the past did not have the 

 4           fairness and the parity that we should be 

 5           moving towards in terms of some high-need 

 6           districts?  Because if you don't have those 

 7           things, obviously you don't -- you have a 

 8           need that other districts were able to 

 9           overcome.

10                  NYSED COMMISSIONER ROSA:  Well, I 

11           think, you know, we have to look at the 

12           reality of the financial situation that we've 

13           been -- education has been in for -- you 

14           know, if we look at 2008, I'll go that far, 

15           that's when I joined the Board of Regents.  

16           And so we have -- you know, even the whole 

17           issue of how we have been financing our 

18           high-demanding, high-needs -- I mean, this is 

19           per -- looking at per student allocation and 

20           looking at needs is a formula that has to 

21           really be reevaluated and --

22                  SENATOR TEDISCO:  Let me move into one 

23           other area of the evaluation I'm talking 

24           about.


                                                                   85

 1                  CHAIRWOMAN WEINSTEIN:  Time is -- the 

 2           time has been up for some time.

 3                  CHAIRWOMAN KRUEGER:  I'm sorry, yes, 

 4           time has come.  Sorry, Jim, you don't get 

 5           another shot at the --

 6                  SENATOR TEDISCO:  That was a fast five 

 7           minutes.

 8                  CHAIRWOMAN KRUEGER:  I know, it's 

 9           amazing how quickly it goes.  And I'm turning 

10           it over to Assemblywoman Weinstein.

11                  SENATOR TEDISCO:  Thank you, 

12           Commissioner.

13                  NYSED COMMISSIONER ROSA:  You're 

14           welcome.

15                  CHAIRWOMAN WEINSTEIN:  We now go to 

16           our chair of Libraries, Kimberly Jean-Pierre, 

17           for 10 minutes. 

18                  ASSEMBLYWOMAN JEAN-PIERRE:  Good 

19           morning, Commissioner.

20                  NYSED COMMISSIONER ROSA:  Good 

21           morning.

22                  ASSEMBLYWOMAN JEAN-PIERRE:  Good 

23           morning, and I want to thank you and your 

24           staff for working so hard and for providing 


                                                                   86

 1           your testimony and for the relationship that 

 2           we have and we continue to develop for school 

 3           districts in my district.

 4                  I first want to ask you -- yesterday I 

 5           sent a letter for the $15 million allocation 

 6           for digital inclusion.  Do you know if these 

 7           funds have been released?  And if not, when 

 8           will they be released?

 9                  NYSED COMMISSIONER ROSA:  Sure.

10                  Phyllis?

11                  NYSED CFO MORRIS:  Certainly.

12                  So they're in -- correct, in the 

13           '21-'22 enacted budget there was a 

14           $15 million federal appropriation included 

15           for digital inclusion efforts.  And our -- 

16           and the funding source for that initiative, 

17           to our understanding, has not yet been 

18           identified.  So when we've made inquiries 

19           about that, that's the answer we've received, 

20           is that the funding source still needs to be 

21           identified.

22                  So once the funding source is 

23           identified we will certainly move forward 

24           with implementation.  


                                                                   87

 1                  ASSEMBLYWOMAN JEAN-PIERRE:  And do you 

 2           anticipate a time frame?

 3                  NYSED CFO MORRIS:  It really depends 

 4           on when we're provided with the information 

 5           about how the initiative is going to be 

 6           funded.

 7                  ASSEMBLYWOMAN JEAN-PIERRE:  Okay, I'll 

 8           follow up.

 9                  NYSED CFO MORRIS:  We'll move forward 

10           as quickly as we -- as we possibly can once 

11           that information is provided.

12                  ASSEMBLYWOMAN JEAN-PIERRE:  Okay.

13                  And I know last year, Commissioner, I 

14           mentioned how important diversity is in our 

15           public schools.  And I appreciate some of the 

16           conversations that you're having and things 

17           that you are doing for teacher diversity.  It 

18           is so vital that our kids -- my daughter, who 

19           is in a predominantly white administrative 

20           school, that she has a teacher that looks 

21           like her and so many other children 

22           throughout the state.  

23                  So I look forward to working with you 

24           to ensure that we can have some plans and 


                                                                   88

 1           roll out plans for teacher diversity.  That's 

 2           so important.

 3                  NYSED COMMISSIONER ROSA:  Thank you.  

 4           And thank you for your voice in this issue.  

 5           And as you know, the Board of Regents 

 6           collectively, Chancellor Young and all of us 

 7           are committed -- you know, we're working very 

 8           closely with NYSUT, we're working very 

 9           closely with our higher ed, to ensure that 

10           the issue of teacher shortage, but 

11           particularly around diversity, is a priority.

12                  Thank you.

13                  ASSEMBLYWOMAN JEAN-PIERRE:  And I do 

14           want to also echo some of my colleagues who 

15           talked about how education is funded and 

16           we're utilizing the census numbers from 

17           20 years ago.  And we talk about particularly 

18           suburban school districts who, you know, we 

19           say that children should not be -- the 

20           quality of education should not depend on the 

21           zip code that you reside in.  And there are 

22           kids who live four blocks, two blocks away 

23           from each other and are receiving different 

24           qualities of education because of how we fund 


                                                                   89

 1           education.

 2                  So I would really like your input into 

 3           seeing how we can change the formula and we 

 4           can be more progressive and to ensure that 

 5           children all across New York State, no matter 

 6           what zip code you reside in -- because these 

 7           are hardworking families that live in each 

 8           and every zip code, that their children will 

 9           have a fair chance.

10                  NYSED COMMISSIONER ROSA:  Thank you.  

11           And that's why we put that in our testimony, 

12           because we totally agree with you that we 

13           have to do a better job in that area.

14                  ASSEMBLYWOMAN JEAN-PIERRE:  Perfect.  

15           Thank you so much.

16                  And I want to say if you can send -- 

17           as the Majority Leader mentioned, the early 

18           childhood education, if you can share the 

19           contents that you will be sharing with the 

20           Majority Leader with the Education Committee.  

21           Surely early childhood education is important 

22           to all of us, and we would like to make sure 

23           that we are working with the right people in 

24           the department.


                                                                   90

 1                  NYSED COMMISSIONER ROSA:  Absolutely.

 2                  ASSEMBLYWOMAN JEAN-PIERRE:  Thank you 

 3           so much.  Appreciate it.

 4                  CHAIRWOMAN KRUEGER:  Thank you very 

 5           much, Assemblywoman.  I'm now going to jump 

 6           to Senator Hoylman.

 7                  SENATOR HOYLMAN:  Thank you, Chair 

 8           Krueger, and to the Education chairs here.  I 

 9           really appreciate it.

10                  It's good to see you, Commissioner.  I 

11           just wanted to relay a quick story.  My 

12           husband and I have an 11-year-old daughter.  

13           We found out only when she was in fourth 

14           grade that she is dyslexic.  And we only 

15           found out by happenstance.  It was, in fact, 

16           Assemblymember Bobby Carroll who helped 

17           identify the fact that our daughter had this 

18           severe reading disability.

19                  And given the fact that estimates are 

20           up to 20 percent of school students are 

21           dyslexic, that's about 220,000 in New York 

22           City alone.  While I appreciate your stating 

23           that screening at an early stage is 

24           essential, when are we going to start?  


                                                                   91

 1           Again, my husband and I were fortunate in 

 2           that I bumped into Bobby and was able to 

 3           describe my daughter's symptoms.  But an 

 4           undiagnosed dyslexic student is failing.  

 5           Because my daughter couldn't read, and we 

 6           didn't know it.

 7                  So what can we do about it?

 8                  NYSED COMMISSIONER ROSA:  So that's a 

 9           great question.  And I know that -- I know 

10           that we have been trying to also work in a 

11           combination of early -- to your point, with 

12           our teacher training of understanding early 

13           on.  By the way, there's even 

14           misunderstanding that -- you know, it used to 

15           be that people thought that dyslexia was 

16           specific to boys, right, young men, when in 

17           fact that is not -- there's so many -- I 

18           mean, information-wise we really have to do a 

19           better job.  And --

20                  SENATOR HOYLMAN:  Thank you.  Thank 

21           you.  And then if I could just -- and I 

22           appreciate that.  And I look forward to 

23           working with you and Assemblymember Carroll 

24           and Assemblymember Simon.


                                                                   92

 1                  One more quick question is about a 

 2           bill that a colleague of mine carries in 

 3           connection with Holocaust education.  Do you 

 4           have a position on the Holocaust education 

 5           requirement, given that studies show that a 

 6           significant percentage of New York students 

 7           aren't adequately receiving Holocaust 

 8           education in our schools?

 9                  NYSED COMMISSIONER ROSA:  Sure.

10                  SENATOR HOYLMAN:  That's legislation 

11           carried by Senator Kaplan and Assemblymember 

12           Rozic.

13                  NYSED COMMISSIONER ROSA:  Yeah.  And 

14           just so you know, we did provide last year 

15           specific information about what is in law, 

16           that is required.  And we even had a 

17           conversation -- you know, we had agreed to 

18           obviously share the resources that we do use.  

19           I think there was a conversation around the 

20           possibility of even doing a survey, which we 

21           had no funding for, obviously, to try to find 

22           out how do we ensure that districts in 

23           fact -- what is required in law on -- they're 

24           addressing.


                                                                   93

 1                  So it's a conversation that we're 

 2           continuing to have.  It's of interest to many 

 3           around this issue, given not only the climate 

 4           but definitely the need to -- you know, to 

 5           make sure that it is happening.

 6                  So I will continue to -- I will share 

 7           the information, and it's a conversation we 

 8           will continue to have during this legislative 

 9           session.

10                  SENATOR HOYLMAN:  Thank you so much.

11                  CHAIRWOMAN KRUEGER:  Thank you.

12                  Assemblywoman Weinstein.

13                  CHAIRWOMAN WEINSTEIN:  Yes.  So I 

14           believe we go to Assemblyman Jensen, ranker 

15           on Libraries.

16                  ASSEMBLYMAN JENSEN:  Thank you, Madam 

17           Chair.  Good morning, Commissioner.

18                  NYSED COMMISSIONER ROSA:  Good 

19           morning.

20                  ASSEMBLYMAN JENSEN:  I just want to 

21           start by getting your thoughts on the 

22           Executive not including State Ed's proposal 

23           for $16.2 million for Instructional Materials 

24           Aid, which would include Library Materials 


                                                                   94

 1           Aid.  I know State Ed proposed 16.2 and the 

 2           proposed budgets were at 5.9.

 3                  What are your thoughts on that lack 

 4           of -- that only 35 percent of what you're 

 5           asking for?

 6                  NYSED COMMISSIONER ROSA:  Well, 

 7           it's -- you know, like anything else, anytime 

 8           you ask for something that you believe is 

 9           essential and -- so, you know, it's 

10           disappointing.  But we're hoping to try to 

11           work -- you know, to work with the 

12           legislators to try to address this issue.  

13                  And again, I can tell you some of 

14           the -- you know, I can ask Jim to address the 

15           issue of how we are hoping to elevate this 

16           conversation.

17                  SR. DEP. COMMISSIONER BALDWIN:  Sure, 

18           thank you, Commissioner.

19                  This particular aid category is very 

20           important given what school districts are 

21           facing in terms of the funding cliff, in 

22           terms of the fact that the Smart Schools Bond 

23           Act is now almost fully committed and that 

24           much of the materials and equipment that was 


                                                                   95

 1           purchased pursuant to that will age out.  We 

 2           also know that the availability of federal 

 3           funding, COVID-related, has given school 

 4           districts some additional capacity.

 5                  However, as with many of these issues, 

 6           what we really need to be looking at is how 

 7           do we create a reliable stream of funding to 

 8           our school districts.  And when we think 

 9           about the implications of technology, we 

10           think about the implications of these various 

11           instructional materials, it was the feeling 

12           of the Board of Regents and the position of 

13           the commissioner that this was the level of 

14           aid that was required, and that that level of 

15           aid ought to be sustained and ought to 

16           increase as the need warrants.

17                  ASSEMBLYMAN JENSEN:  Thank you very 

18           much, Jim.

19                  Long before I was elected -- not long 

20           before, but before I was elected --

21                  (Zoom interruption.)

22                  ASSEMBLYMAN JENSEN:  Long before I was 

23           elected the Legislature put --

24                  CHAIRWOMAN KRUEGER:  Sorry.  Everyone 


                                                                   96

 1           please mute if you're not the one talking, 

 2           thank you.  Sorry.

 3                  ASSEMBLYMAN JENSEN:  -- Love Your 

 4           Library fund was created.  Could you tell me 

 5           if those funds have been collected, have they 

 6           been distributed?  And if so, how have they 

 7           been distributed?

 8                  NYSED COMMISSIONER ROSA:  Jim, I'm 

 9           going to go back to you because -- go ahead, 

10           Jim.

11                  SR. DEP. COMMISSIONER BALDWIN:  I 

12           believe this would be a --

13                  EX. DEP. CMMR. CATES-WILLIAMS:  I was 

14           going to say actually, Commissioner, I will 

15           comment on that.

16                  NYSED COMMISSIONER ROSA:  Yes, go 

17           ahead.

18                  EX. DEP. CMMR. CATES-WILLIAMS:  

19           Currently there is money in the account, and 

20           SED has been given -- has not been given the 

21           authority to spend the money.  So the -- we 

22           continue to request it annually.

23                  ASSEMBLYMAN JENSEN:  So who would you 

24           need to get the permission from, from the 


                                                                   97

 1           Executive or from the Legislature?

 2                  NYSED COMMISSIONER ROSA:  DOB.

 3                  ASSEMBLYMAN JENSEN:  Okay, thank you.

 4                  Shifting gears a little bit, do you 

 5           believe that there's been a lack of focus or 

 6           priority on adult education and literacy 

 7           work?  I know there's a divide between 

 8           upstate and New York City where upstate is 

 9           really driven by volunteer-based 

10           organizations, and New York City it's by paid 

11           staff.

12                  Should there be a greater focus paid, 

13           both budgetarily and support-wise, to make 

14           sure we're empowering especially the 

15           volunteer organizations to make sure that 

16           they can reach the targeted groups they 

17           should be reaching?

18                  NYSED COMMISSIONER ROSA:  Absolutely.  

19           And I know the time is limited, so I'm going 

20           to share with you, in terms of our adult 

21           literacy statewide, the specifics so that we 

22           can advocate to your point on a statewide 

23           basis.

24                  ASSEMBLYMAN JENSEN:  Thank you.  I 


                                                                   98

 1           appreciate the respect of the time, and I 

 2           know I only have 30 seconds, so I just want 

 3           to make this point.  I don't really need a 

 4           response.  

 5                  But I certainly think it's worth focus 

 6           for curriculum development, a greater focus 

 7           on real-world skills --

 8                  NYSED COMMISSIONER ROSA:  Absolutely.

 9                  ASSEMBLYMAN JENSEN:  -- like financial 

10           literacy for our high-schoolers, 

11           middle-schoolers and elementary.  So I really 

12           hope that you and your team at State Ed try 

13           to start focusing on making that a required 

14           course of curriculum.  So thank you -- 

15                  NYSED COMMISSIONER ROSA:  Well, just 

16           to answer quickly, the financial aid 

17           literacy -- by the way, this month on the 

18           On Board article I wrote a piece on financial 

19           literacy.  And financial literacy is very 

20           much a part of the DEI framework.  

21                  So we are very focused on the 

22           importance of financial literacy across the 

23           board, not just, you know, for our high 

24           school students.  It has been -- during our 


                                                                   99

 1           conversations with our high school students 

 2           during our task force, it was one of those 

 3           key requested areas.

 4                  ASSEMBLYMAN JENSEN:  Well, there's a 

 5           great bill that would push that further, so I 

 6           look forward to that work.  

 7                  Thank you, Commissioner.  Thank you, 

 8           Madam Chair.

 9                  CHAIRWOMAN WEINSTEIN:  Back to the 

10           Senate now.

11                  CHAIRWOMAN KRUEGER:  Thank you very 

12           much.  We're up to Senator John Mannion.

13                  SENATOR MANNION:  Thank you, Senator 

14           Krueger.  

15                  Thank you, Commissioner, for your 

16           service to the children of this state.  As I 

17           thanked you last year, those sentiments 

18           remain for sure.  

19                  I'm going to continue a conversation 

20           that was happening about the Foundation Aid 

21           formula with some of my colleagues, including 

22           Senator Tedisco.  I know -- I couldn't be 

23           happier that we are going to fully fund 

24           Foundation Aid and we have a commitment to 


                                                                   100

 1           it.  But my concerns are that I represent 

 2           districts like we've already heard about that 

 3           are right next-door to other districts and 

 4           they are at the wrong end of that funding 

 5           formula, and continue to be, and it compounds 

 6           the problems that exist in that district and 

 7           the ability of those districts to retain and 

 8           recruit teachers and other staff, because 

 9           they're losing them.

10                  So my question is, knowing that you 

11           have unfortunately several open positions 

12           within State Ed, and we need to fill those, 

13           is there currently actively a move towards 

14           reforming the Foundation Aid formula?

15                  NYSED COMMISSIONER ROSA:  Well, the -- 

16           you know, in my testimony and what I said 

17           earlier was that we requested a 1.2 million 

18           to do a top-to-bottom Foundation Aid review, 

19           but the funding has not been provided. 

20                  So when you ask me, yes, we really 

21           have to look at a review of the formula and 

22           we have to really get an external support to 

23           do this in order to do a top-to-bottom 

24           review.


                                                                   101

 1                  SENATOR MANNION:  Thank you, 

 2           Commissioner.  So my follow-up question was 

 3           going to be how can the Legislature help, and 

 4           I think you have answered that question.  

 5           Which is that we need to make sure that this 

 6           is a priority, that we put it in our budget 

 7           and we advocate aggressively for that.  So I 

 8           appreciate that.  

 9                  Looking at the time, I'm going to jump 

10           to this question.  It does have to do with 

11           the recommendation about the move regarding 

12           Ag & Markets.  So my question is about the 

13           4 percent of the schools in New York State 

14           that currently participate in the 

15           Farm-to-School program.  Has State Ed 

16           conducted outreach to try to increase that 

17           number over time?

18                  NYSED COMMISSIONER ROSA:  Absolutely.  

19           And we have not only, as I shared earlier, my 

20           relationship with Commissioner Ball, but also 

21           Kathleen DeCataldo, who's on with us today, 

22           who oversees the entire program for Child 

23           Nutrition -- which includes of course, as you 

24           know, breakfast, snack, lunch -- has really, 


                                                                   102

 1           really been engaged in advancing this issue 

 2           and trying to not only -- trying to expand.  

 3                  But we also have looked at, as I'm 

 4           sure you have, you know, we looked at the 

 5           audit that was done to try to figure out how 

 6           do we support the kinds of things 

 7           administratively, where there were some 

 8           concerns, to also support the program as 

 9           well.  

10                  So Kathleen, you may want to add 

11           something else too.

12                  ASST. COMMISSIONER DECATALDO:  Sure.  

13           Yes, commissioner.  I would just add --

14                  CHAIRWOMAN WEINSTEIN:  Just very 

15           briefly, please.  Because we've run out of 

16           time.

17                  ASST. COMMISSIONER DECATALDO:  We've 

18           provided numerous trainings and worked 

19           closely with the Cornell Cooperative 

20           Extension folks.  We meet with schools.  

21                  We think one of the keys is to make it 

22           easier to identify the products, if we're 

23           talking about the Farm-to-School 30 percent 

24           initiative.  


                                                                   103

 1                  So there are steps that can be taken.  

 2           So thank you.

 3                  CHAIRWOMAN KRUEGER:  Thank you.

 4                  Assemblymember.

 5                  CHAIRWOMAN WEINSTEIN:  We go to the 

 6           Higher Ed ranker, Assemblyman Doug Smith, for 

 7           five minutes.

 8                  ASSEMBLYMAN SMITH:  Thank you --

 9                  CHAIRWOMAN WEINSTEIN:  Doug, you seem 

10           to have frozen.  Do you -- if you can't 

11           unfreeze yourself, you may need to log out 

12           and log back in, in which case we can ...

13                  Okay, I think, Assemblyman Ra, we're 

14           going to skip to the next Assemblymember, and 

15           then we'll come back to Doug.

16                  ASSEMBLYMAN RA:  I'll get in touch 

17           with him and see what's going on.

18                  CHAIRWOMAN WEINSTEIN:  Okay.  So let's 

19           go to Assemblyman Kim now for three minutes.

20                  CHAIRWOMAN KRUEGER:  Go ahead, 

21           Assemblymember Kim.

22                  (Discussion off the record.)

23                  ASSEMBLYMAN KIM:  All right, thank 

24           you, Chairwoman.  Am I up?


                                                                   104

 1                  CHAIRWOMAN WEINSTEIN:  Yes.

 2                  ASSEMBLYMAN KIM:  Commissioner Rosa, 

 3           you mentioned in your testimony that we need 

 4           more funding to fully staff the department, 

 5           and part of their funding is to properly 

 6           administer language access mandates and 

 7           support more instructional programming.

 8                  Do you have a sense of where we're 

 9           falling short in providing language access 

10           and which communities are impacted?

11                  NYSED COMMISSIONER ROSA:  Sure.  

12                  In a couple of areas we have been 

13           asking for a while for translations, right, 

14           something as simple as translated materials.  

15           There's a 1.6 -- or a request of trying to 

16           make sure that, you know, we have the 

17           materials so that we're reaching the various 

18           communities in areas that have the materials 

19           available.  We have also asked for, for 

20           example, not only translation of parent 

21           materials, translations for communities.  

22                  The other area is in terms of looking 

23           at supporting -- one of the big things is our 

24           dual language programs.  And, you know, we 


                                                                   105

 1           try very, very hard, particularly in areas 

 2           where we can offer dual language or we need 

 3           to offer and hire bilingual teachers, where 

 4           we need to hire the kinds of staffing that's 

 5           going to -- you know, one of the barriers -- 

 6           it's a strength, but it's a barrier, is the 

 7           issue of language acquisition.

 8                  ASSEMBLYMAN KIM:  Okay, great.  Thank 

 9           you.  If you can provide more specifics, 

10           there'd be follow-up, maybe very --

11                  NYSED COMMISSIONER ROSA:  Absolutely.

12                  ASSEMBLYMAN KIM:  Very good, thank 

13           you.  

14                  I want to just reemphasize Senator 

15           John Liu's point on bringing Asian-American 

16           curriculum to New York.  As you already know, 

17           our schools play a large role in normalizing 

18           or dispelling certain stereotypes of 

19           Asian-Americans, and New York should be 

20           leading the country in systemically 

21           confronting rising hatred toward Asians.

22                  Two states have already responded in 

23           recent weeks by directing their public 

24           schools to incorporate Asian-American history 


                                                                   106

 1           in their curriculums.  And I know you're 

 2           aligned -- your values are aligned with us on 

 3           this issue, Commissioner.

 4                  In addition to putting a time frame 

 5           and a schedule, can we do something publicly 

 6           to signal to all communities across this 

 7           country that New York is taking anti-Asian 

 8           hatred seriously?

 9                  NYSED COMMISSIONER ROSA:  Absolutely.  

10           And we will work with you and others.  And I 

11           know, just very briefly, Regent Chin, as you 

12           know, and our chancellor are very much 

13           committed to doing this.

14                  ASSEMBLYMAN KIM:  Great.  So we'll 

15           follow up with this, Commissioner.  

16                  Thank you.

17                  CHAIRWOMAN WEINSTEIN:  Thank you.  

18                  We go to the Senate now.

19                  CHAIRWOMAN KRUEGER:  Thank you very 

20           much.  

21                  And we go next to -- excuse me, I lost 

22           my own list.  Ah, Senator Robert Jackson.  

23           How could I forget Senator Robert Jackson.

24                  SENATOR JACKSON:  Thank you, Madam 


                                                                   107

 1           Chair.  And Dr. Rosa, let me thank you for 

 2           your service to the people and especially the 

 3           children of New York State.

 4                  I have a couple of quick questions.  I 

 5           only have three minutes, so if you can be as 

 6           precise as possible, I'd appreciate it. 

 7                  DOE officials have said it's up to the 

 8           commissioner to make the determination of how 

 9           much funding is subject to the Contract for 

10           Excellence, CFE, requirements.  Is this true?  

11           And if so, why hasn't the amount been raised?

12                  NYSED COMMISSIONER ROSA:  I'm not -- 

13           well, I'm going to take this offline because 

14           I'm not exactly sure, you know, why they're 

15           saying that or what exactly that means.  So I 

16           would be more than glad to have an offline 

17           conversation on this issue with you --

18                  SENATOR JACKSON:  Okay.

19                  NYSED COMMISSIONER ROSA:  -- so we 

20           have clarification on it.

21                  SENATOR JACKSON:  All right, I 

22           appreciate that.

23                  The second question I have is can you 

24           please share with us why pre-K was not 


                                                                   108

 1           included in your state aid proposal?  Was the 

 2           funding allocated last year spent?  Or do 

 3           high-needs schools, districts still have 

 4           waiting lists for pre-K?  Can you give us a 

 5           quick update?

 6                  NYSED COMMISSIONER ROSA:  Sure.  I'm 

 7           going to turn to Phyllis on the finances.

 8                  Quickly, Phyllis.

 9                  NYSED CFO MORRIS:  So what we had 

10           asked for in our state -- our non-state aid 

11           proposal was close to $2 million for staff 

12           for our Office of Early Learning to 

13           appropriately administer and monitor the 

14           almost $1 billion in pre-K funding we 

15           administer each year.  

16                  We did receive that funding in the 

17           Executive Budget, we're very pleased to see 

18           that.  That was our focus.

19                  But just to touch on the American 

20           Rescue Plan federal funding that was put in 

21           the '21-'22 for pre-K, it's for a three-year 

22           period.  So '22-'23 will be the second year 

23           of that $210 million investment.

24                  SENATOR JACKSON:  Okay.  A little 


                                                                   109

 1           later is it possible we can get statistics on 

 2           how many pre-Ks around the State of New York 

 3           so that, you know, at least we know from last 

 4           year?  If you don't mind.

 5                  And again, my third question:  Do we 

 6           know how many public schools hired social 

 7           workers, school psychologists, school nurses 

 8           as a result of the additional funding?  And I 

 9           have bills on that in the State Senate.  

10                  So do you have any insight on that 

11           that you can give us from a rough perspective 

12           right now?  I know you don't have the 

13           specific details at this particular moment.

14                  NYSED COMMISSIONER ROSA:  To be quite 

15           honest with you, no.  We have a broader 

16           understanding of, you know, what we are 

17           encouraging and what we are asking districts 

18           to consider.  But the specifics, I would have 

19           to -- but it's an internal question that, you 

20           know, we really truly are gathering, and we 

21           will share it with you.

22                  SENATOR JACKSON:  Thank you.

23                  My last question is legitimate 

24           concerns have been raised about the lack of 


                                                                   110

 1           secular education in many yeshivas, and an 

 2           inquiry found that 26 out of the 28 schools 

 3           investigated failed to meet the basic 

 4           standards for a secular education.   

 5                  What will you do to ensure children 

 6           are receiving the proper instruction in 

 7           English, math, science and social studies?  

 8           And there's a bill on that also.  Thank you.

 9                  NYSED COMMISSIONER ROSA:  Sure.

10                  So very quickly, I know we ran out of 

11           time, we will provide -- as we have been 

12           having extensive conversations on it, we're 

13           bringing it to the March meeting -- the 

14           administrative information on -- we've been 

15           working for a year and a half on substantial 

16           equivalence and the specifics of it.  And 

17           that has been shared with the cochairs, but I 

18           will make sure that you also receive a copy 

19           of it.

20                  SENATOR JACKSON:  Thank you.  Thank 

21           you.

22                  CHAIRWOMAN KRUEGER:  All right, thank 

23           you.  Assemblymember.

24                  CHAIRWOMAN WEINSTEIN:  Yes, we're 


                                                                   111

 1           going to go back now to Assemblyman Doug 

 2           Smith, the ranker on Education.

 3                  ASSEMBLYMAN SMITH:  Thank you so much, 

 4           Madam Chair.

 5                  And good to see you, Commissioner, 

 6           Take 2.  You know, sorry about that, in this 

 7           Zoom world.  So it's so good to see you, and 

 8           I just want to right out the gate say thank 

 9           you so much for your help and meeting with me 

10           last year regarding the teacher certification 

11           process and this perhaps pending teacher 

12           shortage.  I really appreciate that; the 

13           people in my district really appreciate that 

14           as well.  

15                  So that goes into my first question, 

16           because Governor Hochul announced a plan to 

17           address the teacher shortage.  And as part of 

18           this plan, she's proposing increased funding 

19           to the State Ed Department to enhance the 

20           certification process.  Do we know yet how 

21           the department might utilize the increased 

22           funding?  And, you know, is it enough 

23           funding?  Is this going to be helpful?  And 

24           what can we kind of do to be more helpful?


                                                                   112

 1                  NYSED COMMISSIONER ROSA:  Okay.  So 

 2           there are three parts to this.  So very 

 3           quickly, because we only have -- we will make 

 4           the information -- because we have been 

 5           having internal conversations about the 

 6           11 positions, the 8.1 million, that we have 

 7           the money, we just have never had the money 

 8           to develop our -- you know, our system.  

 9                  So I'm going to very quickly turn it 

10           over, just to give you a highlight from 

11           Laura Glass.  Laura?

12                  SR. POLICY ADVISOR GLASS:  Hello.

13                  So we original proposed $8 million, 

14           which is our carryover funds.  The Executive 

15           Budget proposes $1.35 million, which actually 

16           coincides with the first year of what we 

17           would like to be a four-year plan.  The first 

18           two years of that plan would be analysis and 

19           design, because it would take a long time to 

20           really think carefully about how do we 

21           automate TEACH to make certification more 

22           streamlined.  And then the last two years 

23           would be the implementation process.

24                  So we essentially got in the proposal 


                                                                   113

 1           only the first year allocation of what we see 

 2           as a four-year plan.

 3                  NYSED COMMISSIONER ROSA:  And the 

 4           8.1 million we already had, so --

 5                  SR. POLICY ADVISOR GLASS:  Yup.  These 

 6           are all carryover funds that were generated 

 7           from the application fees that we received 

 8           through OTI.

 9                  NYSED COMMISSIONER ROSA:  Which were 

10           withheld, yeah, and finally given to us.

11                  ASSEMBLYMAN SMITH:  Okay, thank you, 

12           yeah, because I think that's something that 

13           we had previously discussed.

14                  Now, the other thing I noticed that in 

15           the State of the State briefing book that 

16           Governor Hochul proposed a new program to 

17           assist paraprofessionals in the schools in 

18           obtaining a full teacher certification by 

19           offering financial assistance to cover the 

20           costs of tuition, books and fees at SUNY and 

21           CUNY.  

22                  Would paraprofessionals seeking a 

23           full-time teacher certification be eligible 

24           to attend the schools online, or would they 


                                                                   114

 1           be required to attend these, you know, in 

 2           person?  Do we know that information yet?

 3                  NYSED COMMISSIONER ROSA:  Laura, I 

 4           don't think -- no. 

 5                  SR. POLICY ADVISOR GLASS:  No, we 

 6           haven't --

 7                  NYSED COMMISSIONER ROSA:  No, we 

 8           don't.  But let me just say this.

 9                  The idea of a pipeline of 

10           paraprofessionals is amazing.  So let me 

11           start there.  It is absolutely something we 

12           support, and it's amazing.  The devil's in 

13           the details.  So we don't have those yet, but 

14           absolutely we would be willing to meet with 

15           you and others to really discuss how do you 

16           go from trying to do something like that 

17           and -- whether it's online, in person, or 

18           career kind of focus.  

19                  We would love to be a part of the 

20           conversation on how we do that.  And so we're 

21           hopeful that we will have that opportunity.

22                  ASSEMBLYMAN SMITH:  I really 

23           appreciate that.  And I think, you know, your 

24           experience previously in the classroom and at 


                                                                   115

 1           the building level as well I think is really 

 2           helpful for that.

 3                  My last question is about digital 

 4           equity, because this is something that 

 5           schools across the state have brought up as a 

 6           concern.  So, you know, we know that students 

 7           from low-income districts and students with 

 8           disabilities were disproportionately affected 

 9           by the pandemic due to learning loss from the 

10           lack of broadband infrastructure across the 

11           state and reduced special education services.

12                  So have we been able to yet address 

13           the level of learning loss?  I know that's 

14           been a -- you know, we've endeavored to find 

15           that.  Do we have any information on that?

16                  NYSED COMMISSIONER ROSA:  Sure.  So we 

17           have a whole -- as I shared earlier, we did a 

18           whole analysis on the whole digital equity 

19           issue, from not just the infrastructure, 

20           equipment, you know, looking at the -- you 

21           know, the opportunities also for professional 

22           development and usage in terms of our grant 

23           that we did get from the federal -- which was 

24           19 million.


                                                                   116

 1                  So what I would say is I will give you 

 2           definite -- our outcomes of our digital 

 3           analysis and also how we are asking districts 

 4           to think about, given COVID and the platform, 

 5           the digital platform and the extended use of 

 6           it, and the investments that need to be made 

 7           in order to take those learning lessons, as I 

 8           call them, into that expanded learning 

 9           process.

10                  ASSEMBLYMAN SMITH:  Thank you so much, 

11           Commissioner.  And I think I speak for all of 

12           us, I think you're doing a great job.  So 

13           thank you for your help.

14                  NYSED COMMISSIONER ROSA:  Thank you.

15                  CHAIRWOMAN WEINSTEIN:  Thank you.

16                  We go now to the Senate.

17                  CHAIRWOMAN KRUEGER:  Thank you.

18                  I believe we are up to Senator Samra 

19           Brouk.

20                  SENATOR BROUK:  Yes, thank you.  Good 

21           morning.

22                  Good morning, Commissioner.  Thank you 

23           for joining us again.  It's good to see you.

24                  My questions revolve specifically in 


                                                                   117

 1           relation to mental health for our young 

 2           people.  And I know you may have answered 

 3           this before, but I was in and out.  Can you 

 4           just remind me, has the $10 million for 

 5           school mental health from last year's budget 

 6           been disbursed to schools yet?

 7                  NYSED COMMISSIONER ROSA:  Okay, we 

 8           did -- well, I think Phyllis -- Sharon?  

 9           Phyllis?

10                  NYSED CFO MORRIS:  Yeah, the 

11           $10 million is administered by the Office of 

12           Mental Health, so we'd have to defer that 

13           question to OMH.

14                  SENATOR BROUK:  Got it.  I'll keep 

15           that for next week.  Thank you.

16                  NYSED COMMISSIONER ROSA:  But there is 

17           a relationship, just so you know, with 

18           Commissioner Sullivan and her staff with our 

19           staff.  We've been doing some cross-agency 

20           work.  I did say that earlier.

21                  SENATOR BROUK:  Okay, got it.  So I'll 

22           check in with them for certain.

23                  One of my frustrations has been, as 

24           chair of Mental Health but also interested, 


                                                                   118

 1           obviously, in our local education, is that 

 2           all the way up to the surgeon general 

 3           understands that we are in a crisis of mental 

 4           health for our young people, that no matter, 

 5           quite frankly, if we get all the math 

 6           teachers, reading specialists, English 

 7           language learner specialists, all the 

 8           specialists we need for our students, if we 

 9           don't care of their social and emotional 

10           well-being, it will all be for naught.  They 

11           will not be able to learn, they have been 

12           traumatized.  

13                  So can you describe what other 

14           mechanisms there are for schools to take 

15           advantage of in order to better address this?  

16           And also, what are you going to do this year 

17           to better encourage our schools to spend this 

18           funding specifically on mental health?

19                  NYSED COMMISSIONER ROSA:  So just -- 

20           so again, very quickly, we have been focused, 

21           along -- every one of our conversations, our 

22           workshops, have been the academics and the 

23           partner, equal partner, mental health, 

24           social-emotional.  That has been critical.


                                                                   119

 1                  We have encouraged schools in terms of 

 2           their funding to make sure that these 

 3           fundings are addressing those issues, whether 

 4           it's affirming environment, whether 

 5           expectations of how, you know, you Zoom in -- 

 6           just like we're doing, we're talking about 

 7           screening.  You have to screen the -- you 

 8           know, and have knowledge of the staff, 

 9           knowing when students are in crisis and what 

10           are the services that you provide during that 

11           period of time.

12                  So I think it's really helping us to 

13           look at, in the sphere of culturally 

14           responsive, what are the kinds of things 

15           that -- the climate of the school and the 

16           readiness and the -- you know, we have 

17           suicide, you know, issues that are going on 

18           right now.  What are the signs, what are the 

19           things that we need to look for to address in 

20           schools?  You know, the isolating --

21                  (Zoom interruption.)

22                  NYSED COMMISSIONER ROSA:  We will 

23           make -- we've done so much work on 

24           social-emotional and trauma, and we're trying 


                                                                   120

 1           to do that cross, as I said, agency work in 

 2           the convening that we've been doing.  We're 

 3           more than glad to share what we've been doing 

 4           with the --

 5                  SENATOR BROUK:  Thank you.  I have 

 6           zero questions left.  My last quick just 

 7           10-second --

 8                  CHAIRWOMAN KRUEGER:  Nope, sorry, 

 9           Samra --

10                  SENATOR BROUK:  That's all right.

11                  CHAIRWOMAN KRUEGER:  -- zero mark.

12                  Thank you.  Assemblywoman.  

13                  CHAIRWOMAN WEINSTEIN:  We go to 

14           Assemblywoman Niou now for three minutes.

15                  ASSEMBLYWOMAN NIOU:  Thank you so much 

16           for being with us, Commissioner.  

17                  I wanted to ask a couple of questions 

18           just -- I also wanted to say thank you to a 

19           couple of my colleagues because of the things 

20           that they were asking really kind of hit the 

21           target, I think, on the things that I'm very 

22           curious about.  Senator Liu when, you know, 

23           he was talking about CFE, I really wanted to 

24           echo him on that.  


                                                                   121

 1                  When Senator Brad Hoylman was talking 

 2           about, you know, the differences in whether 

 3           or not early learning for folks with -- kids 

 4           with dyslexia, et cetera, were very poignant 

 5           to me because I am somebody on the spectrum 

 6           and I was not diagnosed until I was an adult 

 7           because there is very little help for young 

 8           kids who are -- you know, it's very hard to 

 9           screen, especially for autism, when you are a 

10           girl and there is, you know, generational, 

11           cultural things that -- you know, if you're 

12           also not an English first language person, 

13           there's a very difficult time for screening 

14           for young children.

15                  And so I wanted to kind of bring that 

16           up as well and see what you guys were looking 

17           at for -- you know, for early screening for 

18           not just dyslexia but also for autism, for 

19           other, you know, learning disabilities that 

20           are very important for our children.

21                  And I also -- so that's one question, 

22           I guess, and then the other is to echo 

23           Assemblymember Ron Kim on -- and John Liu on 

24           API education curriculum.  Right now we would 


                                                                   122

 1           be so far behind the -- New Jersey, Illinois 

 2           and Wisconsin have already passed legislation 

 3           on this, and so I wanted to echo their 

 4           support because it's really important to our 

 5           Asian-American community for our history in 

 6           New York to also be learned.

 7                  And I also wanted to mention that, you 

 8           know, we saw that many students were falling 

 9           through the cracks during this epidemic when 

10           it came to lack of internet access, you know, 

11           echoing what our ranker was talking about, 

12           and we were trying to see -- I wanted to see 

13           if you had any programs to make up for that 

14           learning loss as well.

15                  NYSED COMMISSIONER ROSA:  Right.  

16           Well, the extended programs as well as some 

17           of the other programs, the library and some 

18           of the other programs we support are being 

19           used to the extended.

20                  What I would say is you've asked 

21           several questions.  I am more than glad to 

22           meet with you personally and address some of 

23           these issues, because the issue of on the 

24           spectrum, particularly, as you said, 


                                                                   123

 1           cultural -- you know, contextualized in a 

 2           cultural type of situation, is very 

 3           important.  And I think that that is an issue 

 4           that we constantly look at.

 5                  ASSEMBLYWOMAN NIOU:  The greening of 

 6           our schools also is another --

 7                  CHAIRWOMAN WEINSTEIN:  Excuse me, 

 8           Assemblywoman.  The time has expired.

 9                  ASSEMBLYWOMAN NIOU:  Oh, sorry, the 

10           time clock isn't on my screen, I apologize.

11                  NYSED COMMISSIONER ROSA:  We will meet 

12           with you.

13                  ASSEMBLYWOMAN NIOU:  Okay.

14                  CHAIRWOMAN KRUEGER:  Thank you.  The 

15           next speaker is Senator Reichlin-Melnick.

16                  SENATOR REICHLIN-MELNICK:  Thank you, 

17           Madam Chair.  

18                  And thank you so much, Commissioner, 

19           for joining us this morning.  I really 

20           appreciate your work on behalf of our kids, 

21           and you have been incredibly attentive and 

22           responsive to me and to the needs of the 

23           students in our districts, particularly the 

24           East Ramapo School District.  I just want to 


                                                                   124

 1           thank you for that once again.  

 2                  I wanted to ask you a question about 

 3           the Foundation Aid formula.  And now that, of 

 4           course, we're phasing in Foundation Aid at 

 5           the levels that it should have been all 

 6           along, but really getting millions of dollars 

 7           more to our schools, the formula is still 

 8           using some very old census data and the 

 9           Regional Cost Index is pretty out-of-date for 

10           the counties that I represent in Rockland and 

11           Westchester.  The labor markets here are much 

12           closer to New York City and Long Island.

13                  I'm wondering what would be your 

14           strategy to try to update this formula and 

15           really move it into the new decade in a way 

16           that's going to work for our districts?

17                  NYSED COMMISSIONER ROSA:  Well, and 

18           that's why we said the department wants to 

19           look at that 1.2 million resource in order 

20           for us to do a deep dive into looking at 

21           this.  Because you're absolutely right, it is 

22           outdated, it is not helpful, and so our 

23           request is that we hope we could get the 

24           funding so once and for all we can do this 


                                                                   125

 1           work that is so needed.

 2                  SENATOR REICHLIN-MELNICK:  So you are 

 3           actively planning to have the department work 

 4           to try to propose some updates to the 

 5           formula?

 6                  NYSED COMMISSIONER ROSA:  We had 

 7           actually made a request at the end of this -- 

 8           you know, we've had this request made, so 

 9           we're --

10                  (Zoom interruption.)

11                  NYSED COMMISSIONER ROSA:  I'm sorry?

12                  SENATOR REICHLIN-MELNICK:  I think 

13           that was coming from somebody else on the --

14                  NYSED COMMISSIONER ROSA:  Yeah, so the 

15           Regents aid proposal, we made a request.  

16           Now, we know that -- we're trying to get -- 

17           let's get through the financial aid formula 

18           and then, you know, have this money so that 

19           we can take the deep dive and look at it 

20           collectively.  And --

21                  SENATOR REICHLIN-MELNICK:  I 

22           appreciate that.  And particularly when you 

23           look, I hope considering an update to the 

24           data on English language learners, because 


                                                                   126

 1           most of the districts in my area have seen a 

 2           major growth in English language learners.  

 3           Which is welcome, it means our communities 

 4           are vibrant, they're growing, but we need the 

 5           additional funding to support.

 6                  So my last question is really on the 

 7           mental health front.  Most people I talk to 

 8           in schools, they are dealing with a mental 

 9           health crisis.  I know some of my colleagues 

10           have asked about this.  Do you feel that 

11           there's more we can be doing to try to 

12           support schools and having enough counselors 

13           to provide mental health services for our 

14           students?

15                  NYSED COMMISSIONER ROSA:  I think that 

16           given the funding, the current funding, we 

17           are really -- we're working very closely to 

18           make sure that as we look at this funding 

19           from -- you know, even the one-time funding 

20           in -- during this crisis is that we do make 

21           sure that our social workers are, you know, 

22           individuals that are going to make a 

23           difference in making sure that the mental 

24           health component, which is a huge component 


                                                                   127

 1           during this time because of isolation, trauma 

 2           and everything else that we all know our 

 3           students have gone through -- that in fact, 

 4           we've asked at every meeting we have, we talk 

 5           to our superintendents, our stakeholders, 

 6           that we support the idea that these two 

 7           components really have to go hand in hand.  

 8           And that even into the future that our 

 9           schools are, you know, provided with the 

10           kinds of resources to ensure that the mental 

11           health component of our teaching is a -- 

12           dovetails the educational part.

13                  SENATOR REICHLIN-MELNICK:  Thank you 

14           so much, Commissioner.

15                  NYSED COMMISSIONER ROSA:  Thank you.

16                  CHAIRWOMAN KRUEGER:  Thank you.

17                  Assembly.

18                  CHAIRWOMAN WEINSTEIN:  We go to 

19           Assemblyman Conrad.

20                  ASSEMBLYMAN CONRAD:  Hi, Commissioner.  

21                  Thank you, Chairs. 

22                  I want to talk about recruitment for a 

23           minute.  I'm a big fan of the temporary 

24           licenses for pending professionals, the 


                                                                   128

 1           paraprofessional work, the expired 

 2           certificate work that's there, and of course 

 3           the allowance for retired teachers and other 

 4           staff to come back to the classroom.  I think 

 5           those are steps in the right direction.

 6                  Where is the conversation -- I'm going 

 7           to put it in two parts for you.  Where is the 

 8           conversation about out-of-state licenses?  

 9           I've got quite a few calls in my district 

10           from folk who are willing to come back to 

11           New York to deal with the teacher shortage.

12                  And second, about diversity in 

13           teaching and teaching recruitment, what are 

14           the efforts right now -- and this is 

15           something I see as a burden -- to lower the 

16           costs or eliminate the costs of tests, fees, 

17           especially if somebody receives TAP or Pell?  

18           I just think about what it takes to become a 

19           teacher and the costs.  You know, just the 

20           fees alone to get your fingerprints done, you 

21           know, the fees to take these tests -- you 

22           know, we talked about a four-year process 

23           earlier.

24                  So I'm going to wrap it up in there, 


                                                                   129

 1           is that what are we doing -- one, is there a 

 2           conversation about out-of-state teacher 

 3           licenses?  And two, what are we doing to 

 4           lower the costs?  I heard about a four-year 

 5           plan, but what I'm seeing right now in the 

 6           classroom, this epidemic of teacher shortage 

 7           is happening now.

 8                  NYSED COMMISSIONER ROSA:  Right.  So 

 9           the teacher shortage conversation is very 

10           comprehensive.  It's not just from outer -- 

11           you know, recruiting from external, but it's 

12           also looking at what are the ways -- and as 

13           you know, the Regents have made all kinds of 

14           flexibility, whether it's eliminating the 

15           edTPA, whether it's, you know, the COVID, and 

16           trying to really get many of the barriers, as 

17           I call them, out of the way so that not only 

18           do we recruit -- the recruiting process is 

19           easier so that the submission is easier in 

20           TEACH, so that in fact we have opportunities 

21           for individuals who are even thinking about 

22           this, can really be welcome.

23                  Very quickly, Laura or Jim, because I 

24           know you only have 50 seconds.


                                                                   130

 1                  SR. DEP. COMMISSIONER BALDWIN:  I just 

 2           want to -- let me address the temporary 

 3           professional permits:  Well-intended, 

 4           ill-conceived, from our point of view.  We 

 5           believe it will end up adding complexity to 

 6           an already complex system.  We believe it 

 7           puts a burden on the applicant to submit an 

 8           attestation, under penalties of perjury, that 

 9           they have completed the certification when in 

10           fact they may not know that.

11                  Our experience with certification is 

12           that many, many of the applications that are 

13           submitted are deficient and what would end up 

14           happening, pursuant to this proposal, is that 

15           individuals could end up being employed by 

16           school districts when they are not 

17           appropriately certified and that, when they 

18           are informed of that, school districts will 

19           then have to terminate them and that will end 

20           up creating incredible disruptions throughout 

21           the educational system.

22                  NYSED COMMISSIONER ROSA:  Just to add, 

23           we were not -- we have had no conversation 

24           when this came up, so --


                                                                   131

 1                  ASSEMBLYMAN CONRAD:  All right.  Good 

 2           to know.  Thank you.

 3                  CHAIRWOMAN WEINSTEIN:  We go to the 

 4           Senate.

 5                  CHAIRWOMAN KRUEGER:  Thank you.

 6                  And I believe our next questioner is 

 7           Sue Serino.

 8                  SENATOR SERINO:  Thank you, 

 9           Chairwoman.  

10                  And Commissioner, it's nice to see 

11           you. 

12                  You know, mental health is the hot 

13           topic of the day, and rightfully so, and I 

14           know I don't have to tell you that we were 

15           not adequately addressing the mental health 

16           issues way before the pandemic.  But we are 

17           really reaching a crisis point.  And when you 

18           look at the CDC's statistics for emergency 

19           room visits for children as young as 5 years 

20           old, it's simply jarring.

21                  I've heard from parents who feel like 

22           they've hit a wall with mental health 

23           services and they don't know where to turn.

24                  So my question is, what can we do 


                                                                   132

 1           better to thread the needle between services 

 2           in our schools and additional services and 

 3           support that the students may need that go 

 4           beyond the school day, as we all know?

 5                  NYSED COMMISSIONER ROSA:  Well, I 

 6           think that if -- I think prior to the 

 7           pandemic, to your pandemic, we learned that 

 8           the mental health -- a healthy child has to 

 9           be -- you know, the whole issue of the whole 

10           child, right?  It has to be a complete 

11           conversation around creating the kinds of 

12           support resources to support the child in 

13           terms of readiness, even for learning.  

14           Readiness for learning.  You know, we think 

15           it's an automatic -- it's not.  There's all 

16           kinds of barriers that get in the way.

17                  So I'm hoping that a huge lesson 

18           learned, to your point, is that mental health 

19           has to be a mega-component to our educational 

20           system.  And that we do not lose sight of the 

21           importance of it but, more importantly, that 

22           we invest in this issue.  And that we invest 

23           in the professionals that can identify -- 

24           early identification, can see the -- you 


                                                                   133

 1           know, help our teachers see the signs.  But 

 2           also support young children as well as young 

 3           adults in our educational system so that they 

 4           can receive the counseling, the kinds of 

 5           services that they need to continue to grow 

 6           and develop, but more importantly to sustain 

 7           and to be able to deal with the kinds of 

 8           counseling services that keep them on track.

 9                  We have not done a good job in this 

10           arena.  And if the pandemic has taught us 

11           anything, it's the idea that we truly have to 

12           make an investment in this issue.

13                  SENATOR SERINO:  Yes, thank you, 

14           Commissioner.

15                  The other part of -- my other question 

16           is about hearing from parents of students who 

17           receive special education services.  Wow.  

18           You know, I just met with a bunch of them 

19           last night, and it's heartbreaking.  They 

20           feel like throughout the pandemic their 

21           students were simply an afterthought to the 

22           state.  So they weren't able to access 

23           services or services went remote, making them 

24           no longer effective, and they feel like their 


                                                                   134

 1           children are even further behind and lost 

 2           through the cracks.

 3                  What can you do to assure these 

 4           families that their students are a top 

 5           priority as we work to help students get back 

 6           on track in the wake of the pandemic?

 7                  NYSED COMMISSIONER ROSA:  Right.  And 

 8           so -- by the way, early on, even in our 

 9           comprehensive plan to the schools, we made 

10           special ed the priority.  We continue to have 

11           these conversations with district 

12           superintendents and others that special 

13           needs -- you know, my background being 

14           special ed, as some of you may know, really 

15           lends itself to the fact that we have to 

16           differentiate, we have to support, we've got 

17           to have the ways that we reach our young 

18           people -- and in-person, for many of our 

19           young people, is the modality that supports 

20           them.  You know, they need to see, they need 

21           to have the differentiated support that they 

22           need.

23                  So we have been in communication with 

24           our superintendents, with our different 


                                                                   135

 1           stakeholders to ensure that special 

 2           education, both from the perspective of 

 3           in-school as well as the types of programs 

 4           that are created to support our students -- 

 5           we're having that conversation right now with 

 6           New York City in terms of looking at their 

 7           cap, which really has to address the needs of 

 8           their students and the services that they 

 9           need, related services as well as the program 

10           recommendation under FAPE.

11                  SENATOR SERINO:  Yeah, I'd like to 

12           follow up with you afterwards, because I'm 

13           having this issue in my district.

14                  NYSED COMMISSIONER ROSA:  Absolutely.  

15           Absolutely.

16                  SENATOR SERINO:  Thank you, 

17           Commissioner.  Thank you.

18                  CHAIRWOMAN KRUEGER:  Thank you.

19                  Assemblywoman Weinstein.

20                  CHAIRWOMAN WEINSTEIN:  Yes, I just 

21           wanted -- before we go to the next member, 

22           who will be Alicia Hyndman, we've been joined 

23           a while ago by several Assemblymembers:  

24           Latoya Joyner, Amanda Septimo, and -- I 


                                                                   136

 1           thought I -- maybe -- that may be it for some 

 2           of the new members.

 3                  And now can we go to Assemblywoman 

 4           Hyndman, please, for three minutes.

 5                  ASSEMBLYWOMAN HYNDMAN:  Thank you, 

 6           Chairs Weinstein and Krueger.

 7                  Chancellor, the last time I saw you 

 8           was under much warmer circumstances.  And I 

 9           will just say I know you're dismayed at the 

10           Governor's budget regarding the certification 

11           process for teachers.

12                  So how many vacancies do you have now 

13           in OTI?  That is my first question.  And how 

14           many -- you said SED disapproved over 2900 

15           teacher certification applications in 2021.  

16           How many did you actually approve in 2021?  

17                  And how can you prioritize staffing in 

18           that department specifically because of the 

19           exodus of teachers -- not just in New York 

20           City but around the state -- when it comes to 

21           being in our classrooms, as teachers have an 

22           unfair burden or undue burden because of the 

23           work that they do post-COVID with our 

24           students?  


                                                                   137

 1                  And if you can tell us overall, what 

 2           are the vacancies like in SED now that the 

 3           hiring freeze I believe is over?  

 4                  Those are my questions to you, 

 5           Commissioner.  

 6                  NYSED COMMISSIONER ROSA:  Sure.  Sure.

 7                  So let me start with an -- just I'm 

 8           going to ask Laura to get ready.  But we did 

 9           a chart, and we'll share it with you and 

10           others, of the 29,000 rejections, but there's 

11           59 -- I mean, what's been processed.  So we 

12           can share that chart specifically with you in 

13           terms of -- because we looked at this.

14                  I'm going to go to Laura and Phyllis 

15           in terms of -- very quickly, in terms of our 

16           specific needs.

17                  But to your point, the issue of the 

18           complex of not only looking at evaluating -- 

19           we also have the issue of the higher ed 

20           submitting transcripts.  You know, and we're 

21           hoping that that whole issue with the 

22           transcripts can be -- you know, we're working 

23           on that as well.  Sometimes that holds up the 

24           processing, you know, if the student hasn't 


                                                                   138

 1           made payment and the university's holding up 

 2           the transcript as well.

 3                  But with that, Laura?

 4                  SR. POLICY ADVISOR GLASS:  Yes.  So 

 5           currently OTI has 60 -- at full capacity, 

 6           60 staff members.  Within the last six months 

 7           we've hired 11 staff members, and we still 

 8           have nine vacancies left.  And that's why 

 9           we've requested $1.53 million in additional 

10           general funds in order to support 11 new 

11           staff members.

12                  And of those 11 new staff members, 

13           eight positions would be to redesign OTI's 

14           management structure in order to streamline 

15           the certification process, and then another 

16           three positions --

17                  NYSED COMMISSIONER ROSA:  Laura, how 

18           many -- is it 59 -- how many have we in the 

19           chart, quickly?

20                  SR. POLICY ADVISOR GLASS:  Oh, sure.  

21           Jumping to the chart, in terms of we -- that 

22           in 2021 we disapproved of the 29,000.  We 

23           were issued 58,000.  But there were 

24           another --


                                                                   139

 1                  ASSEMBLYWOMAN HYNDMAN:  My time is 

 2           done.

 3                  SR. POLICY ADVISOR GLASS:  Oh, okay.

 4                  ASSEMBLYWOMAN HYNDMAN:  I'll follow up 

 5           with Jennifer Trowbridge to get the 

 6           information.

 7                  NYSED COMMISSIONER ROSA:  Yes, 

 8           absolutely.

 9                  ASSEMBLYWOMAN HYNDMAN:  Thank you, 

10           Chair Weinstein.  Thank you.

11                  CHAIRWOMAN WEINSTEIN:  Thank you.  We 

12           go to the Senate.

13                  I just wanted to also acknowledge Inez 

14           Dickens has joined us.  Joined us a while 

15           ago, actually.  Thank you.

16                  Senator Krueger?

17                  CHAIRWOMAN KRUEGER:  Thank you.

18                  We have quite a few Senators who I'm 

19           afraid I also didn't acknowledge.  Let's see 

20           if we can try to slide them in as announced.  

21           Senator Andrew Gounardes, Senator Dan Stec, 

22           Senator Diane Savino, Senator Joe Addabbo.  I 

23           think --

24                  NYSED COMMISSIONER ROSA:  I see some 


                                                                   140

 1           hands up.

 2                  CHAIRWOMAN KRUEGER:  That's fine, 

 3           hands up is good.  

 4                  Let me see if I can just get this -- 

 5           that's actually harder to see on the little 

 6           boxes.  Well, let's just go -- oh, I'm seeing 

 7           Senator Leroy Comrie.  Thank you so much.  

 8                  And Senator Toby Stavisky, who joined 

 9           us as our chair of Higher Ed, and we are 

10           giving Senator Stavisky the next round of 

11           questions.  Thank you.

12                  SENATOR STAVISKY:  Okay?

13                  CHAIRWOMAN KRUEGER:  Good.

14                  SENATOR STAVISKY:  Very, very briefly, 

15           let me just echo what my colleagues have said 

16           in terms of the Asian -- the importance of 

17           education in terms of recognizing the needs 

18           of the Asian community.

19                  Several years ago the State Education 

20           Department really was very, very helpful to 

21           the Korean-American community, and I just 

22           want to thank you for doing that and giving 

23           guidance to school districts on a specific 

24           issue in Korean history, and that is the 


                                                                   141

 1           distinction of co-naming the East Sea and the 

 2           Sea of Japan.  It's a very sensitive issue, 

 3           and the SED handled it with great dexterity 

 4           and sensitivity.  

 5                  And I hope that in the future we will 

 6           continue this, because we do have specific 

 7           needs for the children -- and adults, quite 

 8           frankly, in the Asian-American community.  

 9                  I did that in a minute and a half.  

10           Thank you.

11                  CHAIRWOMAN KRUEGER:  Thank you very 

12           much, Senator Stavisky.  

13                  Back to the Assembly.  Let's see.  Let 

14           me see if I can help figure out where we are 

15           on the Assembly list.

16                  ASSEMBLYMAN LAWLER:  I think it's up 

17           to me.

18                  CHAIRWOMAN KRUEGER:  Okay.

19                  ASSEMBLYMAN LAWLER:  Based on the list 

20           in the chat.

21                  CHAIRWOMAN KRUEGER:  Is it up to Mike 

22           Lawler?

23                  ASSEMBLYMAN LAWLER:  Yes.

24                  CHAIRWOMAN KRUEGER:  Very good, we're 


                                                                   142

 1           going to call on Mike Lawler.

 2                  ASSEMBLYMAN LAWLER:  Thank you, 

 3           Chairwoman.  

 4                  Commissioner, great to see you.  I 

 5           want to thank Senator Reichlin-Melnick for 

 6           bringing up the Regional Cost Index.  I 

 7           certainly encourage him to carry my bill in 

 8           the Senate that would change the Regional 

 9           Cost Index for Rockland and Westchester 

10           counties and make it comparable to New York 

11           City and Long Island.  Currently we are 

12           shortchanged significantly.  This year alone, 

13           we would get $11 million more for Rockland 

14           County schools if the Regional Cost Index was 

15           changed.

16                  So, Commissioner, I know you're a 

17           part-time resident of Rockland.  You can 

18           certainly attest to the high taxes that we 

19           pay, second highest in the country.  Changing 

20           the Regional Cost Index would certainly help 

21           with that.  So I don't really think there's a 

22           need for a study, I really think it just 

23           needs to be changed and better reflect the 

24           fact that our labor costs are high.  So I 


                                                                   143

 1           certainly would ask you to work with me and 

 2           others to make that change happen.  

 3                  On the issue of curriculum, I have a 

 4           bill to ensure that 9/11 is taught in our 

 5           schools.  Nobody in our primary and secondary 

 6           school system today was born when 9/11 

 7           occurred.  And so I really think that's 

 8           something that should occur.

 9                  Also I know the Holocaust was brought 

10           up earlier.  There's a bill in the Assembly 

11           to really ensure that the Holocaust is taught 

12           in our schools; I think that's necessary.  

13           And I think we really need to move forward 

14           with that legislation as well as my bill to 

15           ensure September 11th is taught in our 

16           schools.

17                  And I would really implore you to get 

18           an audit of the curriculum done sooner than 

19           later.  I think that needs to happen, and I 

20           think we need to have a better understanding 

21           of what actually is and is not being taught 

22           in our schools.

23                  Finally, on the issue of East Ramapo, 

24           the monitors have been working very closely 


                                                                   144

 1           with my office and my colleagues.  We've been 

 2           meeting with them quite frequently.  But 

 3           we've had this discussion, and I can't 

 4           impress upon you enough that the challenges 

 5           in this district are not going to change if 

 6           we keep it the way it is.  

 7                  The status quo is not working.  Next 

 8           year East Ramapo is going to have an influx 

 9           of about 4100 new private-school students, 

10           4100.  That is going to have a big impact on 

11           the finances of the district, and I think 

12           it's really time that we look for a solution 

13           that separates the private-school system from 

14           the public school system.  There's about 

15           75 percent of the students are attending 

16           private-school now.  It's unsustainable.  

17                  And I have put forward a bill to 

18           address that, to ensure that SED takes over 

19           the mandated services for the private-school 

20           community.  And I really implore you to work 

21           with me on this, because what we're doing is 

22           not working anymore and we really need to 

23           change it, change the structure and get the 

24           private-school system out of the public 


                                                                   145

 1           schools to ensure that all students get the 

 2           services that they're entitled to.

 3                  NYSED COMMISSIONER ROSA:  Well, I want 

 4           to thank you, because we've started the 

 5           conversation, as you know.  And we will 

 6           continue the conversation.  So thank you for 

 7           that.

 8                  ASSEMBLYMAN LAWLER:  Thank you, 

 9           Commissioner.

10                  CHAIRWOMAN WEINSTEIN:  Thank you.

11                  We go back to the Senate now.

12                  CHAIRWOMAN KRUEGER:  Thank you.

13                  Senator Leroy Comrie.  Senator Comrie, 

14           are you there?

15                  SENATOR COMRIE:  Yes, I'm here.  

16           Sorry, I was --

17                  CHAIRWOMAN KRUEGER:  That's okay.

18                  SENATOR COMRIE:  Thank you.  Thank 

19           you, Madam Chair.  Thank you, members.

20                  I just wanted to ask the commissioner 

21           what are they doing to work on ensuring that 

22           there are opportunities to tie in social 

23           service agencies into the middle schools so 

24           that we can create more synergy with students 


                                                                   146

 1           that need those extra services?  And what is 

 2           going to be done on a statewide basis to make 

 3           that happen?

 4                  NYSED COMMISSIONER ROSA:  Well, in 

 5           terms of -- as I stated earlier, we are -- 

 6           you know, while we're working across the 

 7           board, you know, the P-20 process, we also 

 8           know that that middle school situation -- 

 9           having been a middle school principal -- is 

10           essential.  That is the probably that 

11           midpoint where we can, you know, make some 

12           adjustments to your point.  And that is also 

13           a space that really needs a lot of -- back to 

14           the mental health -- support systems.

15                  And also it's really -- one of the 

16           things that I know, and Senator Jackson will 

17           attest to this, having a middle school that 

18           has project-based, that has other 

19           opportunities for students and makes the 

20           connection to that middle school and makes 

21           the connections so that students have 

22           different outlets and shared in the kinds of 

23           situations that other types besides the 

24           academic, that they have opportunity to be, 


                                                                   147

 1           you know, focused on clubs and other kinds of 

 2           things.  That's going to make a tremendous 

 3           difference in the lives of children in terms 

 4           of middle school and getting them also ready 

 5           for high school.

 6                  So I think the investment in some of 

 7           these key points of extended-day is critical, 

 8           absolutely the way that we need to keep our 

 9           students engaged and keep our students 

10           focused on building their own sense of worth 

11           and also, you know, their sense of taking 

12           interest in various different opportunities 

13           that they may not get during the regular 

14           school day.

15                  SENATOR COMRIE:  Thank you.  I just 

16           want to get in one more question.

17                  So how much money is allocated in the 

18           budget for extended-day programs at middle 

19           schools across the state?

20                  NYSED COMMISSIONER ROSA:  Well, first 

21           of all, the school districts have their own 

22           specific budget.  And so they work through in 

23           terms of how -- you know, with their own 

24           middle schools how and what kinds of 


                                                                   148

 1           dollars --

 2                  SENATOR COMRIE:  Unfortunately, if 

 3           that budget is left to a principal to have to 

 4           figure out their needs, it's not really fair 

 5           to the principal when they have to hire 

 6           senior teachers and other personnel.

 7                  I would hope that there is a specific 

 8           budget targeted to middle schools for 

 9           extended-day programs.  I know my time is 

10           almost up, but I think that's a critical 

11           component of what we need to have throughout 

12           every school, actually, extended-day programs 

13           so that schools can stay open until 8 o'clock 

14           at night throughout the state.  I think it 

15           would create a lot more preventative medicine 

16           that we would make sure that our 

17           16-year-olds, by the time they get to 16, are 

18           productive as opposed to destructive.  

19                  So I would hope that that would 

20           happen.  I'll look to try to make that happen 

21           in the budget.

22                  Thank you, Madam Chair.

23                  NYSED COMMISSIONER ROSA:  Thank you.

24                  SENATOR COMRIE:  I stayed in my -- a 


                                                                   149

 1           little over my three minutes.

 2                  CHAIRWOMAN KRUEGER:  Thank you very 

 3           much, Senator Comrie.

 4                  Assembly.

 5                  CHAIRWOMAN WEINSTEIN:  Assemblyman 

 6           Otis is up next.

 7                  ASSEMBLYMAN OTIS:  Hey, Commissioner, 

 8           nice to see you.  And I think everyone should 

 9           hear that when school districts have problems 

10           and need help from SED, SED is there and you 

11           are there.  

12                  And we had one school district in my 

13           district that needed some help earlier this 

14           year or last year, and your team was great 

15           and exceptional, and we solved those 

16           problems.

17                  So -- but my two questions, and I'll 

18           ask them both and then hit -- you can hit the 

19           answers, you have a very good initiative in 

20           terms of diversity education that you and 

21           Chancellor Young have pushed out to the 

22           school districts.  And so what I'd love to 

23           hear is a status report on how school 

24           districts are either accepting and supporting 


                                                                   150

 1           this or resisting the teaching of a fuller, 

 2           more accurate sense of history and culture in 

 3           our schools.  An update on that would be 

 4           great, and how we can be helpful.

 5                  And then the second sort of update 

 6           question is on where are we on science and 

 7           technology education, especially in the lower 

 8           grades, but also there's some concern that 

 9           maybe some of the middle school grades are 

10           walking away from something that's very 

11           important to the future of our learning and 

12           economy.

13                  So those are my two questions, and I 

14           left you some time in the little time that I 

15           have to hit those topics.  Thank you, 

16           Commissioner.

17                  NYSED COMMISSIONER ROSA:  Sure, thank 

18           you.  Thank you.  Always a pleasure working 

19           with you.

20                  Specifically to the DEI, I have to 

21           tell you we've been having many ongoing 

22           conversations and they have been 

23           well-received.  It's been really, really -- 

24           and we will share with you some of the 


                                                                   151

 1           meetings we've been having and some of the 

 2           strategies that we've been using, whether 

 3           it's through My Brother's Keeper, whether 

 4           it's through some of the opportunities to 

 5           engage with school districts and even some of 

 6           their identified staff that's really invested 

 7           in this process.

 8                  So we can give you much more granular 

 9           detail on the whole DEI focus.

10                  The second issue that you raised is we 

11           also have some extensive information on 

12           science and the information that you would 

13           want to see.  And again, we're more than glad 

14           to share the importance of and how we 

15           continue to work in the area of technology 

16           and science and how it gets embedded and 

17           integrated into the regular curriculum.

18                  ASSEMBLYMAN OTIS:  Thank you, 

19           Commissioner.  We're very happy you're there.  

20           You do a great job.

21                  NYSED COMMISSIONER ROSA:  Thank you.  

22           Thank you.

23                  CHAIRWOMAN WEINSTEIN:  Senate?

24                  CHAIRWOMAN KRUEGER:  Thank you very 


                                                                   152

 1           much.  I think I'm going to take my questions 

 2           now.  Thank you, Commissioner.  Thank you for 

 3           all that you and your team do every day.  

 4                  My first question is actually from a 

 5           colleague who isn't on the committee, so 

 6           asked me to follow up about Native American 

 7           schools and that there are three, but only 

 8           two saw significant funding in the Governor's 

 9           budget and not the one in I believe the 

10           Oneida Nation.

11                  So I'm just trying to get a 

12           clarification for her why there seems to be 

13           unequal treatment for that school.

14                  NYSED COMMISSIONER ROSA:  So just to 

15           give you the -- the Oneida school got 

16           $6.1 million.  So it was St. Regis Mohawk got 

17           17, almost 18.  Tuscarora got 11.7.  So they 

18           all did receive.  

19                  They may be speaking to the issue of 

20           the additional staffing, because I think it 

21           was raised earlier about the two.  And we 

22           will look at why -- because it's so 

23           widespread -- about the third position.  So 

24           that may be the specific concern.


                                                                   153

 1                  But the Regents' request was actually 

 2           met.  And we got the information directly 

 3           from them.  

 4                  So Jim, I think you may want to --

 5                  SR. DEP. COMMISSIONER BALDWIN:  Yeah, 

 6           the capital needs that are reflected here 

 7           came directly from the schools and the school 

 8           districts that support them.

 9                  So the capital needs that were 

10           documented are fully met in the Executive 

11           Budget request and reflect what the Board of 

12           Regents requested.

13                  The issue of staffing, there were two 

14           additional staff provided to the department.  

15           I think that there may be some concern that 

16           there should be a third person in order to 

17           have one person assigned to each of the 

18           schools.

19                  Beyond the immediate capital needs, 

20           looking over the long haul we need to ensure 

21           that the Native American schools are treated 

22           the same way that other schools are treated.  

23           And because they are in this special 

24           classification, they're often not the 


                                                                   154

 1           recipients of increases in aid, for any 

 2           number of different reasons over time.  That 

 3           relates both to the instructional side and to 

 4           the capital side.

 5                  CHAIRWOMAN KRUEGER:  Okay.  So just 

 6           for clarification that -- I believe that the 

 7           Onondaga school requested 20 million and got 

 8           6.1 million.

 9                  NYSED COMMISSIONER ROSA:  I think -- I 

10           think there was a -- we worked very closely 

11           with them.  There were numbers that were used 

12           initially, and we circled back to clarify 

13           those numbers.  And so the numbers we 

14           submitted were the numbers that we did 

15           receive directly from the schools.

16                  CHAIRWOMAN KRUEGER:  So I'm going to 

17           encourage you offline to have a chat with 

18           both Senator Mannion and Senator May, who are 

19           both very concerned and don't believe that 

20           the schools' requests were met and that 

21           they're very concerned about that.

22                  NYSED COMMISSIONER ROSA:  Absolutely.

23                  CHAIRWOMAN KRUEGER:  So I'll leave it 

24           to all of you to talk about after the 


                                                                   155

 1           hearing.  Thank you.

 2                  NYSED COMMISSIONER ROSA:  Absolutely.

 3                  CHAIRWOMAN KRUEGER:  I appreciate it.

 4                  So we're hearing a lot about the 

 5           mental health concerns going on with the 

 6           young people in our schools, and that's a 

 7           universal.  But it also seems clear to me 

 8           that so much of it is correlated to the 

 9           pandemic and what we did and didn't do.

10                  Now, I'm not blaming any of us, 

11           because this was all, you know, "surprise," 

12           and then "surprise" again, and then 

13           "surprise" again.  But since we are now 

14           almost seeing pandemic and the possibility of 

15           more variations as perhaps some of the new 

16           normal for our kids and for our schools, is 

17           there a way for the Department of Education 

18           to attempt to plan, to facilitate for what 

19           happens next, even though we're not 

20           100 percent sure what exactly that next will 

21           look like?

22                  So I'm talking about the ideas where 

23           there are plans set up in advance about, you 

24           know, at what point in a pandemic do you have 


                                                                   156

 1           to shift to virtual learning, and will all 

 2           the school districts know what that means, 

 3           and how quickly they can then get those kids 

 4           back into the classrooms when it's safe and 

 5           making sure that there are clear thresholds 

 6           for safety purposes for the kids going to 

 7           school, for the staff working in the schools, 

 8           you know, for planning to have the right 

 9           equipment in storage and ready, including 

10           kid-size masks?  

11                  You know, I just feel like we jumped 

12           from crisis to crisis and we had no choice -- 

13           and again I'm certainly not blaming anyone in 

14           education or anyone in government.  But now 

15           we've got a couple of years under our belt 

16           and I'm quite convinced that because of 

17           climate change and other factors, this isn't 

18           going to be a tale that we really put behind 

19           us.  So do you think we can as a state come 

20           up with sort of a safety and education model 

21           that could work as we're dealing with the 

22           next version?

23                  NYSED COMMISSIONER ROSA:  So first and 

24           foremost, just so you know, even at different 


                                                                   157

 1           points we've taken lessons learned in having 

 2           conversations with our stakeholders.  We did, 

 3           and we will share with you, we absolutely 

 4           spoke to the Big 5, the superintendents, 

 5           teachers.  We've held virtual conversations 

 6           about the critical issues of how to respond 

 7           in a pandemic but even beyond that.  

 8                  So, you know, in terms of readiness, 

 9           in terms of being -- you know, prework in 

10           some of these issues:  What do you need in 

11           place?  What were the lessons learned?  By 

12           the way, not just for students but for 

13           teachers and the adults in the school.  And 

14           leadership, you know, wellness for leadership 

15           as well.  

16                  So looking at that whole conversation, 

17           we've done a great deal of work in terms of 

18           capturing -- because we do agree with you, 

19           this is a moment that we can't look back and 

20           not have learned what are some of the 

21           positive lessons, what are some of the 

22           specific needs in terms of talk about health 

23           and wellness, but also what are some of the 

24           things that we have to put in place.  


                                                                   158

 1                  And even with the issue of how we 

 2           structure our time and lessons.  We've 

 3           learned an incredible lesson about the 

 4           platform of extended -- the virtual, 

 5           utilizing time, checking on students who, for 

 6           example, may not be feeling well.  How do you 

 7           use that as a way of incorporating the 

 8           student into that day so that they don't have 

 9           to miss the lesson?  How do you record?  

10                  I mean, there are so many incredible 

11           lessons learned, through the pandemic, of use 

12           of the technology but also use of connecting 

13           that we need to advance, to your point.  We 

14           need to move forward into making it part of 

15           what we would call the new generation of 

16           schooling.  And those lessons are extremely 

17           valuable.  And we have been making sure that 

18           not only do we capture them, but we look at 

19           what has worked, what hasn't worked, and 

20           holding onto making sure that we reassess and 

21           take stock of what has not worked, so that, 

22           you know, we do create a readiness, if you 

23           will, platform.

24                  CHAIRWOMAN KRUEGER:  Great.  And I'll 


                                                                   159

 1           just recommend -- the State Senate just 

 2           confirmed a new head of Division of Homeland 

 3           Security & Emergency Services, a woman named 

 4           Jackie Bray, who those of us from New York 

 5           City know from her previous position in the 

 6           City of New York where she was basically the 

 7           secret weapon to get COVID response and test 

 8           and trace and the items that were needed 

 9           distributed citywide.  And while there 

10           certainly are plenty of examples of how 

11           New York City also didn't get it all together 

12           in time, I really encourage SED to work with 

13           new Commissioner Bray, because I think she 

14           has a lot of great ideas to bring to the 

15           table for our school systems throughout the 

16           state.  So that's just a recommendation.

17                  A couple of my colleagues raised 

18           concerns around the evaluations of the 

19           yeshivas that flunk the tests, so to speak, 

20           but nothing's been done.  I just want to add 

21           my voice to someone saying we all have to do 

22           better.  

23                  And maybe it's not just a group of 

24           yeshivas, maybe it is other schools in other 


                                                                   160

 1           communities as well.  But I know, as a Jewish 

 2           American, when I see young Jewish children 

 3           whose own communities are failing to make 

 4           sure they get the quality education that they 

 5           need, it actually angers me.  And I have a 

 6           secular Jewish district, but I hear from my 

 7           constituents all the time how angry they are 

 8           also that this is not being addressed.  

 9                  So I am hoping that you and the 

10           Regents can come up with an appropriate 

11           answer, that we have so much respect for you 

12           and what you are doing for the state's 

13           education system.

14                  With that, thank you very much, 

15           Commissioner Rosa.

16                  NYSED COMMISSIONER ROSA:  Thank you.  

17                  And just to assure you that we've been 

18           working very closely with CAC, the nonpubs, 

19           and we have had tremendous feedback from them 

20           in terms of developing our substantial 

21           equivalency materials.  So -- and we're more 

22           than glad to share with you as well.

23                  CHAIRWOMAN KRUEGER:  Thank you.  

24                  Assemblywoman.


                                                                   161

 1                  CHAIRWOMAN WEINSTEIN:  Yes, we --

 2                  CHAIRWOMAN KRUEGER:  I believe that 

 3           the Senate -- oh, no, we have a second round 

 4           later.  Sorry.

 5                  CHAIRWOMAN WEINSTEIN:  Okay.  So -- 

 6           well, we have quite a few Assemblymembers --

 7                  CHAIRWOMAN KRUEGER:  Yes, you do.

 8                  CHAIRWOMAN WEINSTEIN:  -- on their 

 9           first round.  There are more of us.

10                  Assemblywoman Lunsford.

11                  ASSEMBLYWOMAN LUNSFORD:  Thank you 

12           very much.  

13                  Commissioner, I'm going to ask a few 

14           issues right up front and then give you an 

15           opportunity to respond.

16                  I want to express my thanks for you 

17           highlighting in your testimony the need for 

18           Library Construction Aid.  Obviously that is 

19           an enormous cut, and our libraries have been 

20           essential in our COVID recovery.  So I think 

21           that is a very important investment, 

22           particularly because we do see a 7 to 1 

23           return on our investment in our libraries.  

24           So thank you for highlighting that.


                                                                   162

 1                  And I want to add my voice to the 

 2           chorus of my colleagues who are asking to 

 3           ensure that we see parity in our budget for 

 4           our 853 schools and our other schools that 

 5           are providing very specialized services to 

 6           our most complex and vulnerable students.

 7                  I now want to just touch on our school 

 8           libraries.  You know, many of our school 

 9           libraries are the only place students have 

10           access to a library.  And so many of our 

11           elementary schools don't have a library.  So 

12           I'd like to hear what you have to say about 

13           putting money towards the construction of 

14           school libraries where we do not have any.

15                  And to that extent, also the rate at 

16           which school libraries purchase materials is 

17           based on a 15-year-old rate that even at that 

18           time was based on a 1990s pricing structure.  

19           So I'd like to see an increase in that rate 

20           so our schools can meet the needs of our 

21           existing students.  

22                  I also want to go back to what Ranker  

23           Jensen was talking about with regards to 

24           adult literacy.  The ELL funding, which was 


                                                                   163

 1           in the budget and we don't have to fight 

 2           for -- very exciting -- fails to capture tens 

 3           of thousands of residents who are not 

 4           workforce-ready:  Stay-at-home parents, 

 5           retirees, new Americans who need adult 

 6           literacy services.  And I'd like to hear if 

 7           you have any thoughts on the need for 

 8           additional lines of funding to capture that 

 9           audience.

10                  Thank you.

11                  NYSED COMMISSIONER ROSA:  So first let 

12           me speak to the library issue as somebody 

13           that really put just about a library in every 

14           single one of my schools.  Now, at some of 

15           them I did do through Robin Hood.  

16                  But I do have to tell you, it is 

17           essential.  It is something that I absolutely 

18           would submit and say we need in every one of 

19           our schools.  Very challenging financially, 

20           but it is an investment that we all have to 

21           get around to make sure that we support that.

22                  You're right in terms of the upgrade.  

23           You know, I've been to Syracuse and different 

24           places where the library and the librarian 


                                                                   164

 1           will say to me, or the media specialist, will 

 2           say it is very, very challenging to restore.  

 3           I mean, Jim and I visited a library that -- 

 4           the place in Whitehall that the school lost 

 5           their entire -- they preserved some books and 

 6           we are, you know, donating and -- it is a 

 7           major challenge.  

 8                  So I know we're short on time.  Jim, 

 9           if you want to add anything else about the 

10           adult component.

11                  But I will share with you some of my 

12           key concerns and perhaps proposals when it 

13           comes to libraries.

14                  Jim.

15                  SR. DEP. COMMISSIONER BALDWIN:  Yeah, 

16           I mean we're -- I know the time is a factor.  

17           We're happy to work with you to provide you 

18           with information in terms of the adult 

19           learning piece.

20                  NYSED COMMISSIONER ROSA:  Yes.  We 

21           have specific information about adult 

22           learning.  And creative ways that we can 

23           support that.

24                  CHAIRWOMAN KRUEGER:  All right.  So 


                                                                   165

 1           now, if you don't mind, I'll give it to our 

 2           chair of Education, Shelley Mayer, for 

 3           three-minute second round.  And then I 

 4           believe the Senate will be done.

 5                  Oh, I'm seeing another Senator's hand 

 6           up.  Excuse me.  Let's shift to Senator 

 7           Oberacker.  Did not see that hand till right 

 8           now.

 9                  Senator Oberacker, are you there?  

10                  SENATOR OBERACKER:   I am here.  And 

11           thank you.  Can everybody hear me okay?

12                  NYSED COMMISSIONER ROSA:  Yes.

13                  SENATOR OBERACKER:  Dr. Rosa, thank 

14           you for your -- making things very clear 

15           today.  I appreciate that.  And, you know, I 

16           guess the thing with being the tail here, 

17           all -- most of the questions that I had have 

18           been answered and answered quite well.

19                  What I would like to say to you and to 

20           ask is this.  My district is very rural.  

21           And, you know, the rural challenges for 

22           schools we all -- have been laid out.  I was 

23           glad to see funding levels have been 

24           increased for those schools in my district.  


                                                                   166

 1           But one of the things I just ask is this.  

 2           You know, as a businessman I'm used to 

 3           numbers, I'm used to formulas to calculate 

 4           and stuff.  But, you know, when I look at the 

 5           way that we calculate Foundation Aid, I have 

 6           to say I think I would need to be a NASA 

 7           rocket scientist to figure it out.

 8                  So my plea to you is, is there a way 

 9           that we on the education side can actually 

10           make this easier to understand?  My 

11           superintendents that I speak to, you know, on 

12           this are at times very confused and -- you 

13           know, I have two school districts that come 

14           to mind that are so close in all areas, yet 

15           the Foundation Aid is so different.

16                  So if there's anything that we can do 

17           to simplify it, I would be forever -- and I'm 

18           sure my superintendents and most -- would be 

19           forever in your debt.  Just to make it so 

20           that we understand it, you know -- understand 

21           it better.

22                  NYSED COMMISSIONER ROSA:  Well, I 

23           think the idea that we want to absolutely 

24           address this issue in the -- having an 


                                                                   167

 1           investment to really change it is a start.  

 2                  And then to your point, as my staff 

 3           often hears me say, I want everything to be 

 4           7/11 and just simple.  And, you know, let's 

 5           not make it complicated.  Let's make sure 

 6           that everybody understands what it means when 

 7           you say an allocation, an additional 

 8           allocation, a weighted -- what does that 

 9           mean?  So absolutely to your point, we have 

10           to not only address the system itself, 

11           because the system is not helpful and it's 

12           old and it's based on old information, but 

13           more importantly, to really create a system 

14           that is transparent and that is, to your 

15           point, simple and transparent.  That's what I 

16           would say.

17                  SENATOR OBERACKER:  Those are 

18           reassuring.  And I'll use the words "music to 

19           my ears," Dr. Rosa.  

20                  So again, I thank you for your effort, 

21           I thank you for your job that you're doing.  

22           And I look forward to having that new formula 

23           in my hands here soon.  Thank you.

24                  CHAIRWOMAN KRUEGER:  Okay, thank you 


                                                                   168

 1           very much.

 2                  Assembly?  

 3                  CHAIRWOMAN WEINSTEIN:  We go to 

 4           Assemblywoman Jackson.

 5                  ASSEMBLYWOMAN JACKSON:  Good 

 6           afternoon, Chairs.  Good afternoon, Madam 

 7           Commissioner.  And thank you to your staff.  

 8                  As young as I may look and seem, I've 

 9           spent 16 years working in high schools, 

10           lastly as a high school social worker.  So my 

11           passion lies of course in mental health.  But 

12           I also want to ask, is there anything that 

13           we're doing specifically for school social 

14           workers with help with their continuing ed 

15           education credits?  

16                  I'm just going to ask all my questions 

17           really quickly and then you can go through 

18           them.

19                  NYSED COMMISSIONER ROSA:  Sure.

20                  ASSEMBLYWOMAN JACKSON:  And I know 

21           that when I was in schools, we did implicit 

22           bias training.  I'm just wondering, is that 

23           something that is statewide, that is required 

24           statewide?  And if not, what are your 


                                                                   169

 1           thoughts on that?

 2                  I missed the part about the ag and the 

 3           school food -- school meals, so I just want 

 4           to know why that was switched and who made 

 5           that decision.

 6                  And then what are we doing to properly 

 7           detect and provide services for students with 

 8           autism?  I heard a lot about dyslexia, but as 

 9           a proud aunt of a child with autism, I would 

10           love to hear what steps we are talking in 

11           that direction.  There's a lot of complaints 

12           that our D75 schools are not prepared to deal 

13           with, you know, students who have autism.  So 

14           I would like to hear of anything on that 

15           front.

16                  And then I know you touched this a 

17           little bit, but I just need to know if there 

18           are specifics.  And even if you can't answer 

19           it now, maybe we can meet later at a 

20           different time and talk about this.  But what 

21           are we doing to recruit teachers of color, 

22           specifically Black male teachers, to look 

23           like our Black boys, because we are failing 

24           them.  They are first to be expelled, 


                                                                   170

 1           suspended, drop out, less likely to take 

 2           advanced placement classes or IB classes.  So 

 3           I would love to hear what are we doing to 

 4           recruit Black males specifically, teachers of 

 5           color.  And if we can't talk about that now, 

 6           feel free to -- we can talk about it at any 

 7           point.  And thank you.

 8                  NYSED COMMISSIONER ROSA:  So I know 

 9           that I have staff taking notes.  

10                  On the recruitment I'm going to tie 

11           the recruitment to looking at 

12           African-American males.  And you're 

13           absolutely right, it's one of those studies 

14           that's been done, you know, for young men of 

15           color and how they are overrepresented in 

16           suspensions and in other ways.

17                  So what I would say is the major 

18           investment all of you have made is in My 

19           Brother's Keeper.  Right?  And that is an 

20           incredible, powerful way to take young men -- 

21           and young women now, they've joined -- and to 

22           really help them not only believe in 

23           themselves, but also they have mentors, we do 

24           all kinds of -- you know, whether it's 


                                                                   171

 1           situations that we engage them in, in really 

 2           finding their voice and being very much a 

 3           part of civic agreement in a very positive 

 4           kind of way.  And we're hoping many of those 

 5           will become our future teachers.  So that is 

 6           a pipeline that we're very much excited 

 7           about.  

 8                  Some of your other questions -- again, 

 9           I know we're out of time.  More than glad to 

10           be specific about the issue of social workers 

11           and the kind of training we support them 

12           with, and also the issue of beyond 

13           recruitment.  

14                  Autism.  That is something that we as 

15           a department, we're working very closely 

16           with, you know, our school districts on how 

17           to support our young people, particularly to 

18           stay in less-restrictive environments and 

19           more-restrictive environments.  

20                  So more than glad to take all your 

21           questions and follow up.

22                  CHAIRWOMAN WEINSTEIN:  And 

23           Commissioner Rosa, when you do that, if you 

24           could share that also with the Assembly Ways 


                                                                   172

 1           and Means and Senator Krueger's office, so we 

 2           can have those answers out to all of --

 3                  NYSED COMMISSIONER ROSA:  Oh, 

 4           absolutely.

 5                  CHAIRWOMAN WEINSTEIN:  -- the members 

 6           for these important questions.  Thank you.  

 7                  NYSED COMMISSIONER ROSA:  Okay.  I 

 8           know our staff is taking notes to make sure 

 9           that all my promises get delivered.

10                  CHAIRWOMAN WEINSTEIN:  Great.  Okay, 

11           we're now going to go to the Senate.

12                  CHAIRWOMAN KRUEGER:  Thank you.  Okay, 

13           now I believe, to close for the Senate, 

14           second round, Shelley Mayer.

15                  SENATOR MAYER:  Thank you.  

16                  Thank you, Commissioner.  Quickly on 

17           two issues that have not been raised yet.

18                  The Governor, I think we're all very 

19           pleased to see, included a provision on 

20           Building and Transportation Aid forgiveness, 

21           which has been a longstanding bone of 

22           contention between the Legislature and the 

23           prior Governor, and we're very happy to see 

24           that.  She was vague in her description of 


                                                                   173

 1           exactly which ones would be covered and which 

 2           ones would not, and she used inadvertent 

 3           error as I think the language.

 4                  Have you done an estimate of 

 5           approximately how many districts would 

 6           benefit by this and what the cost would be?

 7                  NYSED COMMISSIONER ROSA:  Phyllis is 

 8           working on this.

 9                  But can I just clarify a key point in 

10           this?  One of the concerns that we've had 

11           extensive conversations on is that we 

12           currently -- and as you know, we have the 

13           forgiveness, we're thrilled.  The problem is 

14           is that, you know, there's no money in the 

15           queue.  So how do you pay people back, right, 

16           in terms of -- you know, there are 

17           approximately -- we have made an analysis of 

18           the money.  Approximately $288 million in 

19           claims in the queue -- and we can share this 

20           with you, Senator -- in the queue.  Which 

21           means that over 17 years we have not -- we 

22           would have to back -- you know, we need 

23           extensive studying and staff to back-pay 

24           17 years worth of payment.


                                                                   174

 1                  Now, the good news is this year we 

 2           didn't take anybody's money, you know, like 

 3           Syracuse and some other places.  So we don't 

 4           have to deal with that, that's good news.  

 5           We're ecstatic about it.  

 6                  But, you know, our biggest issue is 

 7           going to be if there's no money in the queue, 

 8           how do you pay back?

 9                  SENATOR MAYER:  I understand.  So you 

10           need more money to do it, but you're 

11           supportive of the concept --

12                  NYSED COMMISSIONER ROSA:  Absolutely.  

13           Absolutely.

14                  SENATOR MAYER:  The second thing is 

15           Career and Technical Education.  We didn't 

16           speak about that.  Very important, I think, 

17           to many of us in the Legislature.  There's 

18           not been a significant increase in many 

19           years.

20                  What is your position on Career and 

21           Technical Education generally, and how much 

22           money should be added to ensure that we 

23           maximize CTE in every district throughout the 

24           state?


                                                                   175

 1                  NYSED COMMISSIONER ROSA:  Okay.  So 

 2           again, I'm now going to turn to Jim, but I'm 

 3           going to tell you this.  Very supportive of 

 4           CTE.  It is -- as a matter of fact, you know 

 5           our Teacher of the Year is a CTE person.  

 6           It's something our BOCES and our department 

 7           is extremely committed to.  

 8                  So Jim.

 9                  SR. DEP. COMMISSIONER BALDWIN:  All 

10           right thank you.

11                  The Board of Regents had recommended 

12           that Special Services Aid be increased in 

13           order to support additional CTE.  That was 

14           not included in the Executive Budget.  The 

15           Board of Regents recommended that the salary 

16           cap that has been in place on BOCES 

17           instructional salaries for years be increased 

18           over a period of three years from its current 

19           $30,000 to $60,000.  That was not included in 

20           the Executive Budget.

21                  If we are serious about the 

22           availability of Career/Technical Education, 

23           those two items must be addressed in this 

24           budget.


                                                                   176

 1                  In addition to that, we need to be 

 2           considering the vehicles through which we're 

 3           providing Career/Technical Education.  

 4           Currently we leave it up to individual school 

 5           districts to decide whether or not a student 

 6           will be able to enroll in a Career/Technical 

 7           Education program.  We have ample evidence 

 8           that there are many situations where parents 

 9           and students are desirous of enrolling in 

10           these programs and they are not enrolling in 

11           them, they're not able to enroll in them.

12                  SENATOR MAYER:  I understand.  And we 

13           look forward to working with you collectively 

14           on increasing CTE in many of these ways 

15           you've described.  Thank you.

16                  SR. DEP. COMMISSIONER BALDWIN:  Right, 

17           thank you.

18                  NYSED COMMISSIONER ROSA:  Thank you.

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  And now it's back to you, 

21           Assemblymember, for the remainder of your 

22           members.

23                  CHAIRWOMAN WEINSTEIN:  Okay, we go to 

24           Assemblywoman Buttenschon, three minutes.  


                                                                   177

 1                  ASSEMBLYWOMAN BUTTENSCHON:  Thank you 

 2           very much, Chairs, for this opportunity, as 

 3           well as Commissioner, I appreciate the 

 4           support that you and your team provide as 

 5           you're readily available during these 

 6           challenging times.  

 7                  I want to reconfirm many of the 

 8           concerns that my colleagues have discussed -- 

 9           mental health; a clear, appropriate plan of 

10           the transfer of the new child nutrition 

11           programs; special education needs, including 

12           the Rome School of the Deaf, which is in my 

13           district; career and tech, that was 

14           discussed; the hiring and training of your 

15           staff for the purpose of certifications; as 

16           well as I would appreciate all follow-up 

17           information that has been requested.

18                  I have three questions.  One is 

19           regarding the expanded opportunities that you 

20           testified regarding, or better known as 

21           after-school programs that are so much 

22           needed, as they interrelate with many of the 

23           issues we see.  And I want to know if you 

24           feel these are appropriately funded, as my 


                                                                   178

 1           districts are willing to take part in this 

 2           and ensure the expansion could occur.

 3                  I have also heard from many of my 

 4           school districts regarding unfunded mandates 

 5           for -- the example they provide, due process 

 6           in regards to the overlap of many federal 

 7           mandates.  And does SED have a strategic plan 

 8           to look at these overlaps and how to overcome 

 9           them for our districts?

10                  Thank you.

11                  NYSED COMMISSIONER ROSA:  Sure.

12                  So I'm going to start with OATH, 

13           because nobody has raised the issue and it's 

14           something we've been working on now for a 

15           couple of years.  And as you know, the two 

16           bills, the IHO bill and the OATH bill were 

17           very essential, not only just for New York 

18           City, who's moving forward in terms of hiring 

19           full-time -- remember, a lot of the impartial 

20           hearing officers have been part-time.  So 

21           this is -- we met with the commissioner of 

22           OATH to really advance the notion that we're 

23           going to have 45, 50 in order to clean up the 

24           backlog.  So that's number one.


                                                                   179

 1                  In terms of -- you're absolutely 

 2           right, the funding that sometimes is needed 

 3           in these particular situations and the due 

 4           process proceeding, you know, one of the 

 5           requests that's been made, even as simple as 

 6           the burden of proof -- you know, I'm sure 

 7           you've heard that as well, the shifting of 

 8           the burden of proof and the fact that it's 

 9           had -- what kind of an impact it has.

10                  So, you know, I'd love to spend more 

11           time with you on sharing about OATH, sharing 

12           about that.  And then your other one about 

13           extended -- the extended platform is 

14           something that major lesson learned with the 

15           pandemic.  But I have to tell you while the 

16           federal funding is helping in that arena, 

17           we've got to do a better job in thinking of 

18           how we create a sustainability long-term for 

19           that kind of a response to the needs of our 

20           children.

21                  While it's -- right now we're leaning 

22           on the federal funds and school districts are 

23           using that, we've got to really do a better 

24           job in how we integrate it and build it into 


                                                                   180

 1           that process.

 2                  We're even having a conversation with 

 3           the Commissioner of Health about the current 

 4           guidance has a bit of an issue on page 3 -- I 

 5           can tell you the exact page of the guidance 

 6           -- and we are working with her, and she's 

 7           very committed, which has been wonderful, 

 8           very committed to working with us on the 

 9           importance of our kids staying in school and 

10           having the opportunities of extended-day.

11                  So we've -- you know, as I said, this 

12           is a very long-term issue for us, not just 

13           pandemic or not just being paid for by 

14           federal dollars.  So thank you for the 

15           question.

16                  ASSEMBLYWOMAN BUTTENSCHON:  Thank you 

17           for the opportunity.

18                  CHAIRWOMAN WEINSTEIN:  We'll go now to 

19           Assemblyman Bronson.

20                  ASSEMBLYMAN BRONSON:  Thank you, 

21           Chair Weinstein.  

22                  And Commissioner, great to see you, 

23           and thank you for all the work you and your 

24           team are doing for our students, especially 


                                                                   181

 1           in these difficult and ever-changing times.  

 2           You know, and I especially want to thank you 

 3           for being so very accessible and willing to 

 4           talk, especially as we work to improve the 

 5           Rochester City School District.

 6                  I'm going to make a couple of points, 

 7           then I'm going to ask you two questions about 

 8           the Rochester City School District.

 9                  First of all, I join the chorus on 

10           parity for our special-needs schools, and 

11           hopefully we can do something similar to the 

12           bill that got vetoed at the end of last year.

13                  Second of all, capital funding has 

14           been instrumental in two of my libraries in 

15           the towns of Henrietta and Chili, and we need 

16           that to continue so other areas can benefit 

17           from improving their library facilities.

18                  Regarding Rochester City School 

19           District, the first question -- I'll ask 

20           both, and then you can answer.  

21                  The first question relates to mental 

22           health.  You know, we've received 

23           $197 million in ARPA funds, $39 million in 

24           additional Foundation Aid last year, another 


                                                                   182

 1           $29 million coming up this year.  And our 

 2           students are not immune from the level of 

 3           violence that's happening in our city 

 4           streets -- indeed, they're tremendously 

 5           impacted by that.  Added is the adverse 

 6           impact of COVID, the ongoing trauma of 

 7           poverty, and much more.

 8                  You know, with this unprecedented 

 9           level of funding -- and I know part of it's 

10           going to end -- the district still has made 

11           position eliminations, including social 

12           workers, and has reduced the RocRestorative 

13           team.

14                  So my first question is, how can we 

15           get mental health professionals in our school 

16           buildings throughout the Rochester City 

17           School District?  And how can SED partner 

18           with us to help focus on social and emotional 

19           well-being of our students, our staff people, 

20           and our families?

21                  The second question -- and I don't 

22           want to put you on the spot here.  But the 

23           second question is you and I and our 

24           community and our school district and NYSUT 


                                                                   183

 1           and RTA, we've all been working very hard 

 2           under the monitoring system, a system that I 

 3           supported strongly and I continue to support.  

 4           And you and I have spoken repeatedly.  We've 

 5           got to get this right for our kids.  So my 

 6           second question is, what lessons have we 

 7           learned and what changes can we make?

 8                  NYSED COMMISSIONER ROSA:  Sure.

 9                  So let me start with the last one, 

10           because I think the first one we can 

11           definitely speak offline.  Because as you 

12           know, in your budget, the department -- we 

13           have guardrails in terms of the federal 

14           funding, just because of the nature of some 

15           of the issues with Rochester and the 

16           spending.  So, I mean, I think you know 

17           that's specific to Rochester.

18                  I think with the lessons learned, to 

19           the monitor, since, you know, that's the 

20           one -- you put me on the spot -- I'm going to 

21           answer, I think the one lesson I learned I 

22           would attribute to East Ramapo.  Meaning that 

23           they have a finance -- they have two 

24           monitors.  And while they have the veto 


                                                                   184

 1           power, because they've been at this longer, 

 2           they have a monitor for finance and a monitor 

 3           for instruction.  You know, sometimes when 

 4           you try to just have one person be everything 

 5           to everyone, it does become challenging and 

 6           difficult.  

 7                  So that would be one of the lessons 

 8           that I would have a discussion with you 

 9           about.

10                  And then the second one I do believe 

11           that we have to really -- besides having the 

12           two monitors, I think Rochester, given the 

13           complexity and the needs and the size and 

14           everything else, I think that would be -- 

15           because that monitor with the finance would 

16           also deal with capital improvement, 

17           operational, you know.  And it would really 

18           allow the current monitor, whose strength is 

19           really instruction, to really, truly focus on 

20           instruction.

21                  So that would be the first lesson 

22           learned.  And I can go into some of the other 

23           ones with you.  And you and I have constant 

24           conversations even on weekends, so I'm more 


                                                                   185

 1           than glad to --

 2                  CHAIRWOMAN WEINSTEIN:  Okay, so --

 3                  ASSEMBLYMAN BRONSON:  Thank you, 

 4           Commissioner.

 5                  CHAIRWOMAN WEINSTEIN:  There won't be 

 6           a clock on the weekend.

 7                  (Laughter.)

 8                  NYSED COMMISSIONER ROSA:  This is 

 9           true.

10                  CHAIRWOMAN WEINSTEIN:  We go next to 

11           Assemblywoman Seawright.

12                  ASSEMBLYWOMAN SEAWRIGHT:  Thank you.  

13           And thank you to our very dedicated Chairs 

14           Krueger and Weinstein.

15                  Commissioner, as you know from your 

16           experience, it can be indeed essential for 

17           children to have access to mentoring.  Given 

18           the vast talents of New York City private 

19           colleges and our CUNY and SUNY students, what 

20           can be done to ramp up the mentor/mentee 

21           programs beyond the teacher education 

22           programs that currently exist?

23                  And then also I'd like to echo Senator 

24           Krueger in talking about the Hasidic yeshivas 


                                                                   186

 1           and calling on the State Education Department 

 2           to make it a top priority in getting a basic 

 3           education.

 4                  So what can be done to ramp up the 

 5           mentor and mentee programs?

 6                  NYSED COMMISSIONER ROSA:  I'm going to 

 7           take half a second and answer the second one, 

 8           because we do -- we can provide you with the 

 9           work that we've been doing for the last two 

10           years on changing, you know, what was 

11           originally submitted for the substantial 

12           equivalency and share that with you.  Because 

13           that's been work that we've done with the 

14           CAC, which is our team that performs that 

15           work, along with the involvement of looking 

16           at ways of evaluating and independent 

17           evaluations.  

18                  So there's a lot in that, in the 

19           document.  So we will make that available to 

20           you, because a great deal of work has gone 

21           into that.

22                  The second one, in terms of mentoring, 

23           Jim, go ahead.  Because I think you're 

24           talking about from the higher ed perspective, 


                                                                   187

 1           if I'm hearing you correctly.

 2                  ASSEMBLYWOMAN SEAWRIGHT:  Well, 

 3           besides the current teacher education 

 4           programs that exist --

 5                  NYSED COMMISSIONER ROSA:  Yeah, the 

 6           higher ed.

 7                  ASSEMBLYWOMAN SEAWRIGHT:  -- and using 

 8           CUNY, SUNY and our private college students 

 9           to be mentor and mentees, yes.

10                  NYSED COMMISSIONER ROSA:  Yeah, that's 

11           higher ed.

12                  Jim?

13                  SR. DEP. COMMISSIONER BALDWIN:  I 

14           think that really what it entails is taking a 

15           look at our system from a P-20 continuum.  

16                  We have a tendency to look at our 

17           educational system in silos, and one of the 

18           policy objectives of the commissioner and the 

19           Board of Regents is to begin looking at our 

20           educational system from pre-K, where the 

21           Legislature has made some very significant 

22           investments, through elementary, middle 

23           school and then into college, and building 

24           partnerships between those institutions of 


                                                                   188

 1           higher education and our various school 

 2           districts -- both the private side of higher 

 3           education and the public side of higher 

 4           education -- to enable us to tap into the 

 5           resources that are available in those higher 

 6           education institutions and to make them 

 7           available to the pre-K through 12 system, and 

 8           vice versa.

 9                  ASSEMBLYWOMAN SEAWRIGHT:  Okay, thank 

10           you.

11                  NYSED COMMISSIONER ROSA:  We'll share 

12           with you the substantial -- that we are going 

13           to be advancing -- and by the way, we share 

14           those with the various groups, like Agudath 

15           Israel, we share them with PEARLS, we've 

16           shared them with -- I think you recently met 

17           with Yaffed, right, Jim?

18                  SR. DEP. COMMISSIONER BALDWIN:  Yes.

19                  NYSED COMMISSIONER ROSA:  So we have 

20           been sharing the information, you know, 

21           pretty extensively.  So more than glad to 

22           make that available to you.

23                  SR. DEP. COMMISSIONER BALDWIN:  We 

24           have made significant progress in terms of 


                                                                   189

 1           the development of a recommendation that will 

 2           go to the Board of Regents in March.

 3                  CHAIRWOMAN WEINSTEIN:  Thank you.

 4                  We go now to Assemblywoman Bichotte 

 5           Hermelyn, to be followed by Assemblyman 

 6           Byrne, to be followed by Assemblywoman Simon.

 7                  (Pause.)

 8                  NYSED COMMISSIONER ROSA:  Chair 

 9           Weinstein, after the next person, is it 

10           possible --

11                  CHAIRWOMAN WEINSTEIN:  Yes, would you 

12           like a -- why don't you take a break now, 

13           because we're trying to find Assemblywoman --

14                  NYSED COMMISSIONER ROSA:  Okay, thank 

15           you.  Appreciate it.

16                  (Discussion off the record; brief 

17           recess taken.)

18                  CHAIRWOMAN WEINSTEIN:  We're just 

19           taking a stretch-our-legs break.  

20                  Is Assemblywoman Bichotte Hermelyn 

21           here?  She may have gone to -- so we'll 

22           continue with Assemblyman Byrne.  Are you 

23           with us?  Yeah, there you are, Kevin.

24                  ASSEMBLYMAN BYRNE:  Give me one 


                                                                   190

 1           second, please.  I don't see this clock.  I'm 

 2           always like nervous about the time.  There we 

 3           go.

 4                  CHAIRWOMAN WEINSTEIN:  If you go to 

 5           the gallery view, you'll see it.

 6                  ASSEMBLYMAN BYRNE:  All right.  

 7                  Thank you, Commissioner.  I have long 

 8           supported the concept of local control 

 9           because I believe our smallest level of 

10           government has the most direct impact, the 

11           most access to our constituents, where we can 

12           really have a meaningful exchange of ideas.  

13           And I think that extends for our county 

14           governments, our villages, our town boards 

15           but also our school districts and school 

16           boards.  

17                  And there's a lot of concern that we 

18           hear about from concerned parents, but also 

19           in the news, about respecting that local 

20           control.  You know, we hear about 

21           controversial and/or costly mandates, whether 

22           it's pandemic-related, like mandatory mask 

23           wearing.  Or if it's about controversial 

24           curriculums, policies or frameworks.


                                                                   191

 1                  You know, I do want to thank your 

 2           office for responding back to a letter that I 

 3           sent from colleagues and myself regarding 

 4           several of the policy statements pertaining 

 5           to DEI, because there is specific language 

 6           that some of us have concerns about and 

 7           object to.  And you clarified, or your office 

 8           clarified that there is no mandate for that 

 9           in schools, which is very important, because 

10           I think previous statements and reports were 

11           perceived by others that there could have 

12           been.  So clarifying that there is no mandate 

13           is important.

14                  But this brings me to my larger point.  

15           There are issues that are inherently local, 

16           inherently local.  And your office, it was 

17           recently reported, stated that it could 

18           withhold state aid for a specific school 

19           district that did not change or remove the 

20           mascot or the name.  In Cambridge, it's the 

21           Indian.  

22                  Now, I don't represent Cambridge, but 

23           I live in Mahopac, or Ma-ho-pac.  And I went 

24           to Carmel High School, which is in the same 


                                                                   192

 1           town of Carmel.  They're actually rivals with 

 2           Mahopac.  But I'm a homeowner in Mahopac now, 

 3           or Ma-ho-pac.  We are very proud of our 

 4           history, the indigenous people that live 

 5           there, and it's the Mahopac Indians.  We 

 6           don't even have an Indian mascot anymore; 

 7           it's an M with an arrow through it.  

 8                  And there are proposals that could 

 9           have -- threaten that aid.  I think that 

10           needs to be a locally decided decision.  The 

11           people in that community, we have Indians on 

12           our fire trucks, it is part of the essence of 

13           the people that live there.

14                  So I just want to ask, really simply, 

15           will you respect that local control and allow 

16           the school boards to keep those names?

17                  NYSED COMMISSIONER ROSA:  I will 

18           always respect local control.  But at the 

19           same time, this was a 310, so I -- I think 

20           you know this came to us.  

21                  There's been a history.  For 20 years, 

22           this department has talked about some of the 

23           indigenous, you know, issues and things that 

24           have been used that really create, in many 


                                                                   193

 1           situations, challenges and difficulty to the 

 2           entire process of looking at -- as you know, 

 3           many people have talked about what is used in 

 4           terms of symbolism.  Ball players, you know, 

 5           franchises have looked at the issues of many 

 6           situations that are considered and border on 

 7           some racism and some issues of concern of the 

 8           mascots that are used.

 9                  Now, while you say, you know, there 

10           are those that are very proud of some -- 

11           there are others that are not that have 

12           concerns about those.  Which is why it came 

13           to me as a 310, which is a conversation.  

14                  We truly believe as a department that 

15           yes, there are local decisions.  But, you 

16           know, in government we also have to make 

17           decisions that are -- you know, to your mask 

18           question, we have to maintain the integrity 

19           and sustaining -- let me just -- 

20                  ASSEMBLYMAN BYRNE:  Commissioner, I'm 

21           sorry to interrupt.  I know I'm out of 

22           time --

23                  NYSED COMMISSIONER ROSA:  -- let me 

24           just -- let me just answer --


                                                                   194

 1                  (Overtalk.)

 2                  ASSEMBLYMAN BYRNE:  -- Mahopac stands 

 3           for the Lake of the Great Serpent, and there 

 4           are indigenous people that live in this 

 5           community that want to keep that name.  It is 

 6           important to them.  It's not just people that 

 7           look like me, it's people that live there.  

 8                  So I want to make sure that's 

 9           considered.  And that's extremely important 

10           to the people that live there and their 

11           history.

12                  NYSED COMMISSIONER ROSA:  Right.  And 

13           there are indigenous people who also have 

14           concerns.  As you know, it's like the mask 

15           debate.  You have people on both sides of the 

16           issue.  But what we have to listen to is the 

17           science.  The science is very clear.  We have 

18           a commissioner who is an expert in the -- the 

19           Department of Health was established, and 

20           they have expertise in this area.  

21                  So I think that we have a 

22           responsibility to ensure that our districts 

23           are making decisions, even at the local level 

24           using the science and using -- making sure 


                                                                   195

 1           that we have -- you know, we have the proper 

 2           information to make those kinds of decisions.

 3                  Our issue of health and safety is so 

 4           important that we want to ensure that it's 

 5           done with fidelity and it's done with the 

 6           experts.  And we can hold a debate on the 

 7           difference of whether to mask or not mask, 

 8           but I would say that I rely on the Department 

 9           of Health and I rely on the expert and I rely 

10           on the science as my partners to support my 

11           landscape, which is education, to ensure that 

12           what is happening is keeping our kids healthy 

13           and safe.  And if mask -- which it is -- is 

14           an indicator of that process, then I will be 

15           an advocate for strongly supporting that.

16                  ASSEMBLYMAN BYRNE:  Thank you, 

17           Commissioner.  I believe we all want what's 

18           best for our kids --

19                  CHAIRWOMAN WEINSTEIN:  We're -- I'm 

20           sorry, we're out of time.

21                  ASSEMBLYMAN BYRNE:  Thank you, Chair. 

22                  CHAIRWOMAN WEINSTEIN:  Yes.  We're 

23           going to go to Assemblywoman Simon.

24                  ASSEMBLYWOMAN SIMON:  Thank you.  


                                                                   196

 1                  And thank you, Commissioner, for your 

 2           fine work.  And I'm very appreciative of your 

 3           stamina, if nothing else today, and -- as 

 4           well as the fine work that you're doing.

 5                  So I have a couple of points I wanted 

 6           to make and ask you to address.  First, you 

 7           know, we heard from Senator Hoylman, we heard 

 8           from Assemblymember Niou, we know Senator 

 9           Brooks, the late diagnosis, the late catching 

10           of kids' special needs in one way or another.  

11           And that goes to early identification, 

12           whether it's a particular screening tool or 

13           something else.  Because once we do that, 

14           then we will better be able to identify how 

15           children are learning and where their needs 

16           are.

17                  Our fourth graders, 38 percent of our 

18           fourth graders are reading proficiently; 

19           62 percent are not.  We're missing the boat.  

20           They're not all dyslexic.  So this goes to 

21           that issue of education, our teachers knowing 

22           what to look for, how they're trained, our 

23           professional development.  

24                  What pots of money do you have to look 


                                                                   197

 1           at professional development, which is really 

 2           more the kind of thing that you would fund, 

 3           as opposed to, you know, within our schools 

 4           of higher education?  

 5                  The other thing is the 4201 schools 

 6           capital funding.  As you know, I 

 7           student-taught at a 4201 school, so they're 

 8           close to my heart.  One of them is near me in 

 9           Brooklyn, the School for the Deaf, 

10           St. Francis de Sales.  When that money was 

11           allocated, it seemed to be very uneven in the 

12           distribution, and the Executive Budget 

13           continues that pattern.  

14                  I'd like to sort of put a pin in the 

15           need for the fact that St. Francis de Sales' 

16           building is 100 years old and so is their 

17           boiler.  And we need help better allocating 

18           the funds for the schools who are in really 

19           dire straits for that.

20                  And then just a quick pin, and that is 

21           the OATH situation.  I think I disagree with 

22           you on that.  I do lay the blame for the 

23           entire fiasco, really, on the city schools.  

24           And I'm not going to bore you with that.


                                                                   198

 1                  NYSED COMMISSIONER ROSA:  Well, I will 

 2           share -- so let me start with the OATH.  I 

 3           will share the latest, because we have -- the 

 4           commitment of the OATH is really the 

 5           full-time process versus the part-time 

 6           process.  And we'll share with you -- we'll 

 7           share with you and have the conversation 

 8           offline to -- you know, I welcome -- I 

 9           welcome not only your thoughts on this and 

10           your experience on the OATH conversation.

11                  The early screening, totally I agree 

12           with you that we have to do a better job, not 

13           only using screening and identification but 

14           also doing professional development, to your 

15           point.  That without the professional 

16           development for teachers and for those who 

17           have the contact with our children for early 

18           recognition, that is essential.  

19                  You are -- you and I have talked about 

20           this.  That is absolutely the work that has 

21           to dovetail.  You've got to have the 

22           screening process, but you also have to 

23           have -- even before the -- you know, before 

24           the screening, the teachers and the 


                                                                   199

 1           individuals that touch the lives of our 

 2           children have to know what they're looking 

 3           at, what they're looking for, and those key 

 4           signals that signal that something needs to 

 5           be addressed.  

 6                  But also the fourth partner in this is 

 7           the resources to do prevention, intervention, 

 8           and clearly respond to the specific needs.  

 9           And we will continue the conversation on the 

10           other issues.

11                  ASSEMBLYWOMAN SIMON:  Thank you.  I 

12           appreciate that.

13                  NYSED COMMISSIONER ROSA:  Thank you.  

14                  CHAIRWOMAN WEINSTEIN:  We go to 

15           Assemblywoman Bichotte Hermelyn.

16                  ASSEMBLYWOMAN BICHOTTE HERMELYN:  

17           Hello, Commissioner.  Thank you for being 

18           here.  Education remains one of the most 

19           important topics nationwide, especially as 

20           we're dealing with the pandemic.  

21                  As a former public school math 

22           teacher, I know how it is very important to 

23           be in a classroom with minimal resources, as 

24           well as a former special ed student with 


                                                                   200

 1           English as a second language, from a Black 

 2           and Caribbean immigrant household, there are 

 3           issues again in the public school system 

 4           regarding resources.

 5                  So with that said, I wanted to get a 

 6           sense of community schools.  I know the 

 7           budget will maintain the level of funding; I 

 8           think I saw $250 million.  Are there any 

 9           plans to expand community schools?  

10                  Also, I know there were talks about 

11           the Holocaust education, which I supported.  

12           I wanted to know if there were also any talks 

13           around Black history education being part of 

14           the curriculum, mandatory.  So that.

15                  And then lastly, I wanted to talk 

16           about the $5 million increase to -- that goes 

17           towards diversity, teacher diversity, and 

18           wanted to get a sense in terms of, you know, 

19           how many teachers of color do we have in the 

20           system, how will the program expand in terms 

21           of getting more teachers of color, and what's 

22           the overall percentage.  

23                  That's my question.  Thank you.  

24                  NYSED COMMISSIONER ROSA:  So let me 


                                                                   201

 1           start with TOC, which is the one you're 

 2           speaking about, the 5 million.  I will get 

 3           you the specifics of how many teachers have 

 4           been a part of the program.  

 5                  And the other part with TOC is, you 

 6           know, it's not just looking at increasing the 

 7           diversity but also increasing the 

 8           diversity -- because my understanding is, and 

 9           I'm just going to give you a general number, 

10           currently there are about, in TOC, 594, 

11           somewhere in there.  We've graduated 

12           somewhere about 600.  So you can see that 

13           there's a nice growth to TOC.  

14                  Just so you know, we did not get that 

15           funding.  So we are asking to support that 

16           funding because we really do believe it's a 

17           successful program.  The funding was I think 

18           distributed elsewhere.  And we're hoping that 

19           this -- you know, this issue of expansion 

20           gets addressed.  Because as you can see from 

21           the numbers, it is -- you know, it's a 

22           successful program.

23                  Your other question about the issue of 

24           community schools, as somebody who was a 


                                                                   202

 1           principal of a community school, I will speak 

 2           to you offline.  It is something I support 

 3           because it has that extended day.  And 

 4           community schools are truly localized with 

 5           health services, including mental health 

 6           services.  They have dental clinics, they 

 7           have mental health services.  So it's a model 

 8           that I know firsthand, as a former principal 

 9           of a community school in Washington 

10           Heights -- that not only works because it's 

11           open six days a week, with extended day, with 

12           clinics, with mental health services.  So it 

13           is an incredible model that we really need to 

14           look as a model to invest in.

15                  CHAIRWOMAN WEINSTEIN:  Thank you.

16                  We're going to move to --

17                  ASSEMBLYWOMAN BICHOTTE HERMELYN:  And 

18           we'll see -- I think we had the Black history 

19           with --

20                  CHAIRWOMAN WEINSTEIN:  Assemblywoman, 

21           the time has expired.  The commissioner can 

22           send us answers to some of the other 

23           questions you haven't had an opportunity to 

24           respond to yet, and we'll share it with both 


                                                                   203

 1           Assemblywoman Bichotte Hermelyn and the rest 

 2           of the members who also would like to know 

 3           the answers to those questions.

 4                  We next go to Assemblywoman Mitaynes.

 5                  ASSEMBLYWOMAN MITAYNES:  Thank you.  

 6                  I just want to echo what Senator Sue 

 7           Serino said earlier about the families with 

 8           special education children feeling that 

 9           they're much more behind and feeling that 

10           they're an afterthought.  

11                  And also just want to chime in about 

12           Senator Liu and Assemblymembers Niou and Kim.  

13           I have a large, growing, vibrant Asian 

14           community in my district as well.

15                  But so my question.  The Governor's 

16           budget proposed to extend mayoral control for 

17           four years in New York City.  The prior 

18           mayor's refusal to provide a remote option 

19           throughout last summer and the fall, even in 

20           the face of significant parent concern and 

21           the spread of Omicron, showed that there are 

22           instances where mayoral decisions overlook 

23           the unique needs of certain parents and 

24           families.


                                                                   204

 1                  Do you believe in the long term 

 2           parents and CECs should have an increased 

 3           role in the governance process to address 

 4           needs in a more localized, inclusive way that 

 5           can accommodate different needs and different 

 6           communities?

 7                  NYSED COMMISSIONER ROSA:  So that 

 8           answer is absolutely.  And I -- just so you 

 9           know, with the prior administration, the 

10           remote model, I never removed it.  I asked 

11           everybody in their plans, because -- you 

12           know, I said the pandemic is not over and you 

13           have communities that have been highly 

14           impacted by COVID-19 and now Omicron, so you 

15           have to have these opportunities to have 

16           conversations and localize some of these 

17           decisions.

18                  So I truly do believe that, you know, 

19           parental voice and community voice has to be 

20           a part of the conversation.

21                  ASSEMBLYWOMAN MITAYNES:  What are some 

22           ways in which we can start empowering our 

23           CECs to be more involved in governance and 

24           decision-making processes?


                                                                   205

 1                  NYSED COMMISSIONER ROSA:  Again, 

 2           that's -- you know, that is a local decision.  

 3           And the way that we've been working -- and we 

 4           do have conversations, we invite the parents 

 5           of New York City -- we just did a Bronx and a 

 6           Manhattan recently on grad measures, and they 

 7           were all -- you know, they were all very 

 8           actively involved.  The CECs, many of them 

 9           participated.

10                  So I would say that, you know, we have 

11           to continue to work -- and again, New York 

12           City has its own design because of mayoral 

13           control and the DOE, but we're more than glad 

14           to discuss with you ways that we can support 

15           and help to -- maybe in the new phase and 

16           this new mayor and this new -- which we've 

17           had recently, I will tell you, an incredible 

18           relationship -- ways of empowering and 

19           creating opportunities to hear their voices.

20                  We would be more than glad to be there 

21           with you, shoulder to shoulder.

22                  ASSEMBLYWOMAN MITAYNES:  Thank you.  

23                  CHAIRWOMAN WEINSTEIN:  Thank you.  

24                  We go now to Assemblywoman Walsh.  


                                                                   206

 1                  ASSEMBLYWOMAN WALSH:  Hi, thank you.  

 2           Good afternoon, Commissioner.  

 3                  So I've been trying to listen -- this 

 4           was scheduled at the same time as session, so 

 5           I've been kind of listening as best I can, 

 6           and I hope that my question is not going to 

 7           be repetitive.

 8                  From what I could hear today, we had a 

 9           very far-ranging conversation about things 

10           like equity and diversity, mental health, the 

11           digital divide, teacher shortages, dyslexia, 

12           special education -- an issue that's very 

13           close and dear to my heart -- early 

14           screening, zero emission buses were in the 

15           budget -- you know, all of these are 

16           important issues, no question, in a normal 

17           year.  But this is not a normal year.  Last 

18           year was not a normal year.  2020 was 

19           certainly not a normal year.

20                  My number-one concern, number-one 

21           priority, is learning loss.  And not just 

22           because of the digital divide, but -- but 

23           just learning loss.  Our kids -- has it been 

24           measured, can it be measured how far back our 


                                                                   207

 1           kids have fallen back?  And what is the plan 

 2           for catching kids up?  And what's in the 

 3           budget to address that specifically?  

 4                  NYSED COMMISSIONER ROSA:  Okay.  So 

 5           the biggest, I would say, connection to 

 6           learning loss is the federal dollars.  And, 

 7           you know, we've seen that with ARP.  That is 

 8           enormous.  That is one of their -- like it's 

 9           your priority?  That is the federals' 

10           priority, the whole developing a plan.  And 

11           by the way, these plans are developed at the 

12           local level.  Developing these plans with 

13           communities' involvement about ways that the 

14           superintendents and the schools are 

15           addressing the issue of learning loss or 

16           academic and mental health and wellness 

17           recovery, which is part of the conversation 

18           we've been having.  

19                  So these conversations have been going 

20           on with our stakeholders, with our 

21           superintendents.  It's the federal dollars 

22           that are being used to address those.

23                  My biggest concern is that those 

24           dollars will fall off the cliff by 


                                                                   208

 1           September 30, 2024, and we have to begin to 

 2           think about what are the kinds of things that 

 3           we embed into our extended day to ensure that 

 4           this is part of the learning platform of 

 5           schooling and not just to address the 

 6           learning loss process.

 7                  ASSEMBLYWOMAN WALSH:  Commissioner, so 

 8           it's federal dollars, it's local control as 

 9           far as solution creation.  Has the state been 

10           able to measure, through study, in terms of 

11           grade-level difference or anything to be able 

12           to quantify the degree of learning loss?  

13                  NYSED COMMISSIONER ROSA:  Well, we -- 

14           you know, we have not even given, as you 

15           know -- we didn't give -- last year we did, 

16           but we didn't give the tests in 20 -- you 

17           know, as you recall, we've gone through --

18                  ASSEMBLYWOMAN WALSH:  Right.

19                  NYSED COMMISSIONER ROSA:  And that's 

20           just one aspect of it.

21                  The other aspect of it, as you know, 

22           is localized, the measurements that are used 

23           at the local level to assess not only the 

24           different grade bands but also as children 


                                                                   209

 1           move through the system.  As you know, some 

 2           of our kids for the first time -- this was 

 3           the first year attending school.  And they 

 4           didn't even have some of the earlier -- what 

 5           we call earlier experiences getting ready for 

 6           school.  

 7                  So the -- but as far as study, no, we 

 8           have no funding at this point to even think 

 9           of -- so the data that we have, we're more 

10           than glad to share with you because it's data 

11           that's provided to us by the school 

12           districts, and it's data that we internally, 

13           because of our own interests, dissect, to 

14           inform our decision making and our work.  

15                  ASSEMBLYWOMAN WALSH:  I see my time 

16           has expired.  Thank you, Commissioner.

17                  NYSED COMMISSIONER ROSA:  Thank you.  

18                  CHAIRWOMAN WEINSTEIN:  Thank you.  

19                  We go to Assemblywoman Dickens, three 

20           minutes. 

21                  ASSEMBLYWOMAN DICKENS:  Thank you, 

22           Chairs Weinstein and Krueger, and thank you, 

23           Commissioner, for your dedication and for 

24           staying here to listen to 90 people ask you 


                                                                   210

 1           150 questions.  

 2                  Mine is last week Advocates for 

 3           Children released a report that said that in 

 4           New York City preschool students with 

 5           disabilities are being underserved by 3-K and 

 6           pre-K for all and are being denied access to 

 7           special education programs and services for 

 8           which they supposedly are entitled to.  More 

 9           than 30,000 New York City preschoolers had 

10           IEPs during the 2019-'20 school year, but 

11           roughly a third of these students did not 

12           receive all the services that were mandated.

13                  I'd like to know, because it's 

14           relative to the enrollment -- and the 

15           disparity seems to be based upon color, in 

16           receiving these special education services -- 

17           I'd like to know what are we going to do to 

18           change that.  And about mental health.  My 

19           colleagues had brought this up, but I really 

20           did not hear a concrete answer, if there is 

21           one, about addressing that.

22                  NYSED COMMISSIONER ROSA:  Sure.

23                  So I'm going to ask Jim to jump in as 

24           well, because we've been doing a lot of work 


                                                                   211

 1           with New York City in terms of the CAP.  

 2           There is a CAP in New York City for special 

 3           education in terms of compliance.  We're more 

 4           than glad to share that with you, because 

 5           this has been -- this is our -- from an 

 6           accountability perspective, this is how we 

 7           monitor, we have ongoing conversations with 

 8           New York City constantly to address the very 

 9           issue that you raise about our students with 

10           special needs.

11                  Jim?

12                  SR. DEP. COMMISSIONER BALDWIN:  Sure.  

13           Thank you, Commissioner.  

14                  Assemblywoman, we're really 

15           approaching the New York City Compliance 

16           Assurance Plan in three major areas.  The 

17           first deals with preschool provision of 

18           public education.  And in that case, we are 

19           working with the city to increase the number 

20           of evaluations and to make sure that they 

21           have -- that students and parents have access 

22           to those preschool special ed evaluation 

23           processes.

24                  We have seen some progress made in 


                                                                   212

 1           that respect in terms of the number of 

 2           resources that have been made available for 

 3           that preschool evaluation.  There's been a 

 4           lot of conversation here about early 

 5           detection, and that's why we have an emphasis 

 6           there.

 7                  We also have taken a look at 

 8           school-age provision of free and appropriate 

 9           public education.  And here again, what it 

10           comes down to is availability of services.  

11           The New York City Department of Education is 

12           well aware of the fact that there needs to be 

13           expansion of those services on the ground so 

14           that they can be accessed by families and by 

15           students and that teachers working with 

16           families having have the appropriate kinds of 

17           supports available to them.

18                  And then finally, we have the due 

19           process issues, which the commissioner has 

20           addressed throughout this hearing, where in 

21           effect the denial of due process over a 

22           period of years has been addressed with the 

23           recent memorandum of understanding that the 

24           commissioner has spearheaded with the 


                                                                   213

 1           New York City Department of Education.

 2                  ASSEMBLYWOMAN DICKENS:  Thank you so 

 3           much.  My time is up.  I'll get in touch with 

 4           you individually.  Thank you.  

 5                  NYSED COMMISSIONER ROSA:  Thank you.  

 6                  CHAIRWOMAN WEINSTEIN:  Thank you.  I 

 7           have -- Commissioner, I have a question for 

 8           you, and one that Assemblywoman Niou wasn't 

 9           able to -- didn't have time to ask.

10                  I wanted to know whether you think 

11           school districts are going to be in a 

12           position to deal with the Governor's -- or to 

13           meet the Governor's proposed mandate to move 

14           to zero-emission school buses by 2035 and 

15           what we in the Legislature need to -- should 

16           be doing to help get to that goal.

17                  NYSED COMMISSIONER ROSA:  So again, 

18           one of those conversations we already 

19           started.  Obviously we know it's 2027-2035.  

20           Obviously we know that there's an issue of 

21           it's much more expensive.  You know, the 

22           buses are almost like three times as much.  

23           We know that there are issues of distance, 

24           right, for the rural schools.  


                                                                   214

 1                  We have been dissecting and analyzing 

 2           this issue very, very closely in terms of 

 3           what we believe -- you know, SED in 

 4           principle, we think it's -- low-emission 

 5           vehicles obviously is critical.  Any 

 6           legislation should recognize that the battery 

 7           technology is -- you know, we've done some of 

 8           this work, and it's got limitations.  The 

 9           range, it's got limitations.  We clearly are 

10           very, very supportive.  

11                  But as I said, there's a great deal of 

12           work that has to be looked at in terms of 

13           the -- you know, the principle is good but 

14           once again, we've got to look at the details 

15           of what it implies.  Especially when we come 

16           to my -- you know, my transportation person, 

17           Christina Coughlin, has really done a deep, 

18           really deep dive into this.  And one of the 

19           concerns -- again, as we talked about, the 

20           cost is significant.  The purchase, as we 

21           look at the aid, the aid ratio will require 

22           investments in electrical infrastructure.  

23                  So all I'm saying, all of these issues 

24           that we're looking at, we all collectively 


                                                                   215

 1           need to fully understand as we move forward 

 2           in this direction.  

 3                  CHAIRWOMAN WEINSTEIN:  Thank you for 

 4           that, and look forward to continuing to work 

 5           with you on that.

 6                  Speaking of energy and infrastructure, 

 7           one of the things that COVID has taught us is 

 8           some of the dangers of our older school 

 9           buildings -- the lack of air flow, spaces not 

10           large enough, the ventilation systems are old 

11           and costly, energy-wise.  

12                  Do you think we should be -- I assume 

13           you do feel that we should be trying to 

14           update and modernize this infrastructure.  

15           Are there plans that SED has done?  Have you 

16           worked with school districts to try and 

17           assist them in how we move forward in this 

18           direction?  

19                  NYSED COMMISSIONER ROSA:  Yes.  And 

20           I'm going to turn to Jim, because again this 

21           is another conversation we're having.  As a 

22           matter of fact we had yesterday an extensive 

23           conversation about use of federal dollars -- 

24           which are allowed by the way, to support this 


                                                                   216

 1           kind of work.  

 2                  We're also looking at ventilations and 

 3           materials that are used and how the 

 4           Department of Health approves.  

 5                  So we are very much intimately 

 6           involved in this kind of work in looking at 

 7           the fact that, to your point, the -- you 

 8           know, the need for modernization is 

 9           extensive, it's expensive, and it's one that 

10           we, you know, through Christina's shop -- 

11           which, by the way, has need of extensive 

12           support in terms of staffing -- has been 

13           doing an incredible job.

14                  Jim?

15                  SR. DEP. COMMISSIONER BALDWIN:  Sure, 

16           I think that, you know, there has certainly 

17           been a focus in terms of the joint school 

18           construction boards to provide resources to 

19           the Big 5, some of the Big 5 cities, in terms 

20           of updating their facilities.  The state's 

21           building aid ratios provide support to school 

22           districts generally in terms of those needs.  

23                  What we have seen is that many 

24           districts have made the decision to use some 


                                                                   217

 1           of the federal funds that have been made 

 2           available to them to undertake construction 

 3           projects.  The issue there is that those 

 4           projects need to be completed by the end of 

 5           September in 2024.  

 6                  So there's no question that there are 

 7           any variety of capital needs for school 

 8           facilities.  Some of them relate to 

 9           technology.  And I think, you know, one of 

10           the things we want to point out here is that 

11           there has been millions of dollars spent in 

12           terms of investments in technology platforms.  

13           The one thing that the commissioner and the 

14           Board of Regents wanted to make clear to 

15           school districts is that those investments 

16           need to be sustained.  And when we issue 

17           guidance in terms of the capacity of school 

18           districts, they need to maintain the capacity 

19           to go remote if that's necessary.  They need 

20           to be able to take advantage of the expanded 

21           capacity that those technology platforms 

22           provide in terms of extending opportunities 

23           to students.

24                  CHAIRWOMAN WEINSTEIN:  Thank you very 


                                                                   218

 1           much.  I think that is -- those are the only 

 2           questions I have.  

 3                  I want to just recognize Assemblyman 

 4           Benedetto for three minutes, second round, to 

 5           close up this portion of the hearing.

 6                  ASSEMBLYMAN BENEDETTO:  Thank you, 

 7           Madam Chairman.

 8                  Commissioner, I applaud you for your 

 9           stamina.  You have been through an ordeal, 

10           and we're coming on four hours here.  But 

11           just a couple of other questions I would like 

12           to ask and maybe clear up a few 

13           misconceptions that might be out there.

14                  Much has been said in regards to a 

15           bill in the Assembly which has to do with the 

16           teaching of the Holocaust.  Is this not the 

17           state law right now?

18                  NYSED COMMISSIONER ROSA:  Yes.

19                  ASSEMBLYMAN BENEDETTO:  And do you 

20           believe that the teachers of the State of 

21           New York are currently teaching about the 

22           Holocaust?  

23                  NYSED COMMISSIONER ROSA:  I believe 

24           that since it is -- you know, it definitely 


                                                                   219

 1           is embedded in our standards work.  

 2                  And we are very -- I mean, one of the 

 3           things -- you know, I don't have, again -- 

 4           and this is what I was talking about, the 

 5           survey.  I can't tell you that I have a 

 6           universal sense that in fact it's being 

 7           taught, other than I know that it's legally 

 8           required, superintendents know this.  It is 

 9           understood that -- and that is not the 

10           only -- as you know.  

11                  But the fact of the matter is that 

12           we've done -- since our last conversation 

13           last year, we've done some informal 

14           inspections, kind of, to find out.  And I do 

15           have to say -- and we will encourage -- we 

16           even sent out, as you know, we sent out 

17           materials, we put it out -- you know, we have 

18           the resources available.  We will continue to 

19           encourage our school districts because this 

20           is -- to your point, it is required, it is in 

21           law.  It must be taught.  This is a 

22           nonnegotiable issue.

23                  ASSEMBLYMAN BENEDETTO:  Yes.  And 

24           under normal circumstances, Commissioner, who 


                                                                   220

 1           would be empowered, who is supposed to check 

 2           up to make sure that this is being done?

 3                  NYSED COMMISSIONER ROSA:  Again, this 

 4           is the whole debate about local control.  You 

 5           have a superintendent.  Right?  You have 

 6           school boards.  You have -- the locals are -- 

 7           curricula is at the local level.  We have a 

 8           law in place that says this must be taught.  

 9           And we absolutely hold the districts 

10           accountable to make sure that this is taught.

11                  ASSEMBLYMAN BENEDETTO:  And lastly, to 

12           conclude here, if we pass a bill saying you 

13           must do this, could you consider that to be a 

14           costly mandate?  And do you have the 

15           resources to do it?

16                  NYSED COMMISSIONER ROSA:  When you say 

17           a bill to pass -- but this is already in law.

18                  ASSEMBLYMAN BENEDETTO:  Right.  Okay.

19                  NYSED COMMISSIONER ROSA:  So I'm not 

20           sure -- I would have to see --

21                  ASSEMBLYMAN BENEDETTO:  To pass and 

22           check up on it all.

23                  NYSED COMMISSIONER ROSA:  In all 

24           things, I would have to see what the bill 


                                                                   221

 1           entails.  It's very hard to answer --

 2                  ASSEMBLYMAN BENEDETTO:  Okay.  We 

 3           won't dwell on it.  Commissioner, thank you.

 4                  NYSED COMMISSIONER ROSA:  Thank you.  

 5                  CHAIRWOMAN WEINSTEIN:  So, 

 6           Commissioner, we got you out before 

 7           Tisha B'Av.

 8                  (Laughter.)

 9                  NYSED COMMISSIONER ROSA:  I just 

10           corrected somebody on -- I'm trying to think 

11           during the Regents -- my husband, who's 

12           Jewish, called me up and said -- I forgot 

13           what the term was that it was used.  And so, 

14           you know, one of our Regents used -- it 

15           wasn't bubbe-meise, it wasn't -- I'm trying 

16           to think of the -- it wasn't shvitzing, which 

17           probably that's how I'm feeling right now.  

18                  But at the end of the day, I said to 

19           my husband, What's the translation, you know, 

20           for the word?  And he did.  And I didn't let 

21           on.  I said, My highest authority, sure that 

22           this is what it means.  

23                  But thank you.

24                  (Laughter.)


                                                                   222

 1                  CHAIRWOMAN WEINSTEIN:  Thank you for 

 2           spending so much time with us and for all the 

 3           work that you do in this role and the Regents 

 4           do for the students in New York State.

 5                  NYSED COMMISSIONER ROSA:  Thank you.

 6                  CHAIRWOMAN WEINSTEIN:  So we are 

 7           appropriately going to dismiss you, and our 

 8           next witness is going to be Chancellor David 

 9           Banks, the chancellor of the New York City 

10           Department of Education.

11                  It will just take a moment till he'll 

12           be -- oh, I just see him floating around 

13           the -- there he is.

14                  NYC DOE CHANCELLOR BANKS:  Do you see 

15           me?  

16                  CHAIRWOMAN WEINSTEIN:  Yes.  Good to 

17           see you again.

18                  NYC DOE CHANCELLOR BANKS:  Good to see 

19           you as well.

20                  CHAIRWOMAN WEINSTEIN:  And you have up 

21           to 10 minutes for a presentation, and then we 

22           will move on to questions from the members of 

23           the Education and Libraries Committees.  

24                  So the floor is yours.


                                                                   223

 1                  NYC DOE CHANCELLOR BANKS:  Thank you.  

 2           Thank you.  So I'll say good afternoon, 

 3           Senate and Assembly committee members.  My 

 4           name is David Banks, and I serve as the 

 5           chancellor of the New York City Department of 

 6           Education.  

 7                  I want to thank you for the 

 8           opportunity to testify today.  And joining me 

 9           today is Chief Financial Officer Lindsey 

10           Oates and other members of my leadership 

11           team, First Deputy Chancellor Dan Weisberg 

12           and Chief School Operations Officer Kevin 

13           Moran.  

14                  I come before you today on behalf of 

15           New York City's public schools and our 

16           students and their families.  

17                  Before I begin, I would like to 

18           acknowledge the chairs and your colleagues in 

19           the New York State Legislature for your 

20           leadership during the pandemic and your 

21           commitment to building a better future for 

22           New York's children.  The increased resources 

23           you have provided to our schools as 

24           Mayor Adams and I begin our new roles will 


                                                                   224

 1           greatly strengthen our capacity to elevate 

 2           New York City public schools.  

 3                  Specifically, your advocacy when we 

 4           needed it the most is leading to an increase 

 5           in Foundation Aid of over a billion dollars 

 6           to New York City alone, funding that will go 

 7           directly to schools and benefit our students 

 8           now and in the years to come.  So thank you.  

 9                  You also were instrumental in securing 

10           funding through the American Rescue Plan Act 

11           that will greatly help our school communities 

12           rebound from all the disruptions caused by 

13           the pandemic.  

14                  Both the Foundation Aid increase and 

15           American Rescue Plan resources are enabling 

16           our new administration to hit the ground 

17           running.  So again, we thank you for your 

18           help and your leadership on behalf of all of 

19           our students, families, teachers and staff.  

20                  Additionally, I'd like to publicly 

21           thank our extraordinary school communities, 

22           including our school leadership and support 

23           teams, families, parent and student leaders, 

24           early childhood providers, and school safety 


                                                                   225

 1           officers.  They have all performed incredible 

 2           work supporting our students and 

 3           operationalizing evolving plans to keep our 

 4           schools open and safe.  This continues to be 

 5           a herculean effort during a global pandemic, 

 6           and we are all grateful for their efforts.  

 7           Our theme is to Stay Safe and Stay Open.  

 8                  So my first three weeks as schools 

 9           chancellor have been a whirlwind to say the 

10           least -- inspiring, exhilarating, and moving 

11           all at the same time.  We've faced an upsurge 

12           in COVID cases with the Omicron variant, a 

13           snowstorm -- which, by the way, that did not 

14           close our doors -- and then the horrific fire 

15           in the Bronx that took the lives of eight 

16           young people.  And throughout this period I 

17           have seen firsthand in schools across all 

18           five boroughs, including those that our lost 

19           children in the Bronx attended, how heroic 

20           our students, families and staff have been in 

21           facing up to these huge difficulties.  

22                  With respect to the Omicron surge, we 

23           understood that we needed to be both 

24           thoughtful and aggressive with our Stay Safe, 


                                                                   226

 1           Stay Open plan to protect our students and 

 2           staff while ensuring that our school 

 3           buildings and classrooms would remain open.  

 4           That effort included increasing in-school 

 5           testing, distributing over 7 million rapid 

 6           tests to students and staff -- including 

 7           1 million from the state, thanks to Governor 

 8           Hochul's leadership -- providing KN95 masks 

 9           to staff members, and changing our policies 

10           to more quickly respond to positive cases.

11                  Because of our policy changes, when a 

12           positive case appears in a community, we 

13           immediately provide two rapid tests to every 

14           close contact with no delays, allowing us to 

15           safely stay open and isolate cases.  That is 

16           in addition to our existing measures such as 

17           mandated vaccination for all staff; required 

18           daily health screenings for students, staff, 

19           and visitors; universal indoor masking; 

20           physical distancing; and ventilation 

21           maintenance and improvements, including two 

22           air purifiers in every classroom.  

23                  Opening our schools for in-person 

24           instruction this year was a critical task for 


                                                                   227

 1           all the students who find sanctuary in our 

 2           schools daily and for those who experience 

 3           remote instruction to be a significant 

 4           barrier to learning, especially our 

 5           multilingual learners and our students with 

 6           disabilities.  Stay Safe, Stay Open is 

 7           working.  Our attendance rates have climbed 

 8           from 65 percent when I took office to 

 9           87 percent this week; our staffing has 

10           stabilized; and the data continues to show 

11           that our schools remain the safest places to 

12           be in New York City.  

13                  So let me take a moment to say a few 

14           words about my own background and my vision 

15           for getting New York City schools to soar to 

16           a higher level.  

17                  First, as the son and brother of 

18           police officers, I want to acknowledge the 

19           officers who were fatally shot in Harlem last 

20           week, both of whom were products of our 

21           public schools.  My heart breaks for them and 

22           their families, and I know deep down the pain 

23           that their families must be feeling.  

24                  I was born in Brooklyn and I grew up 


                                                                   228

 1           attending New York City public schools and am 

 2           proud to say that two of my adult children 

 3           are teachers.  Many educators had a profound 

 4           impact on my life, and two in particular from 

 5           my elementary school at P.S. 161 in Brooklyn 

 6           especially shaped who I am today.  

 7           Mrs. Mertz, who was my fourth-grade teacher, 

 8           showed her faith in me by writing on one of 

 9           my composition papers that she fully expected 

10           I would author a book someday -- which turned 

11           out to be true.  And Mrs. Mildred Scott, who 

12           taught me in the fourth and fifth grade, and 

13           she raised my consciousness and she inspired 

14           me with her lessons about Black history.  

15                  After graduating from Hillcrest High 

16           School in Queens, and then college, I worked 

17           as a school safety officer -- a lot of people 

18           don't know that.  I was a school safety 

19           officer at Clara Barton High School in 

20           Brooklyn before becoming a teacher and then 

21           an assistant principal.  After that I was the 

22           founding principal of two schools:  the Bronx 

23           School for Law, Government, and Justice, 

24           where I actually recruited my predecessor as 


                                                                   229

 1           chancellor, Meisha Ross Porter.  I hired her 

 2           as a teacher, and she worked for me for 

 3           several years.  

 4                  And then, together with the civic 

 5           organization 100 Black Men, we launched the 

 6           Eagle Academy for Young Men in the Bronx.  

 7           Eagle Academy was the first all-boys public 

 8           school, public high school in New York City 

 9           in almost 30 years when we opened our doors 

10           back in 2004.  And we opened that school 

11           because we were examining the deep negative 

12           indicators -- the attendance, low graduation 

13           rates, high disciplinary rates, particularly 

14           for Black and Latinx boys.  

15                  And while a lot of people were writing 

16           articles about it and analyzing data, there 

17           wasn't a lot that was being done, and we 

18           decided to do something about that.  And we 

19           were able to demonstrate that high-quality 

20           preparatory education for young men of color 

21           can in fact be provided in a public school 

22           setting.

23                  Following the success of the Bronx 

24           school, I left to lead the Eagle Academy 


                                                                   230

 1           Foundation, where we opened an Eagle Academy 

 2           in every borough of New York City and one in 

 3           Newark, New Jersey.  

 4                  As an educator and a parent of four 

 5           thriving adults, I believe with every fiber 

 6           of my being that every young person is filled 

 7           with brilliance, promise, and gifts.  All 

 8           children deserve a strong academic foundation 

 9           that prepares them to graduate with an 

10           employable skill set.  And equally important, 

11           they deserve the tools and support that's 

12           needed to be physically and emotionally 

13           healthy.  

14                  So to deliver on that mission for our 

15           students by creating and sustaining 

16           innovative, high-quality schools requires 

17           that we fully engage with the entire school 

18           community.  The answers to how we improve the 

19           system can be found in the hearts and minds 

20           of our teachers, principals, children, 

21           families, elected officials, community 

22           partners and other stakeholders, including 

23           all of you.  And with your partnership, we 

24           will ensure that the nation's largest school 


                                                                   231

 1           system becomes the nation's best.  

 2                  So let me briefly share with you what 

 3           I consider to be the four pillars to 

 4           improving our school system.  Number one, 

 5           scaling, sustaining, and restoring what 

 6           works.  That entails recognizing and raising 

 7           awareness of excellence throughout the system 

 8           while building the capacity of educators to 

 9           share and expand the most promising and 

10           effective practices.  So for example, I saw a 

11           phenomenal Career and Technical Education 

12           program recently at Thomas Edison High School 

13           in Queens.  That school should serve as a 

14           model for other schools.  

15                  In the close to four weeks that I've 

16           been in office now, I have visited several 

17           schools.  I visited P.S. 60 on Staten Island.  

18           You should see what they are doing with 

19           respect to social-emotional learning.  

20           They've got a sensory hallway that takes 

21           young people who are going through difficult 

22           and challenging emotional experiences and in 

23           real time are able to really help those young 

24           people solve for the issues that they're 


                                                                   232

 1           dealing with.

 2                  And as I visited that school, I said 

 3           every school in New York City should be aware 

 4           of what this school is doing.  And I intend 

 5           to make that happen.

 6                  I visited Concourse Village Academy in 

 7           the Bronx.  And again, the social-emotional 

 8           things that they're doing -- mindfulness, 

 9           meditation, teaching young people how to 

10           center themselves at very young ages.  It's 

11           the kind of thing that when we say what are 

12           we going to do in the midst of this pandemic, 

13           how do we find our way forward -- some of the 

14           best answers that we could hope for are 

15           actually happening already in some of our 

16           schools.

17                  The second thing that I want to do is 

18           help our schools to reimagine how our 

19           students are learning in the first place.  

20           That includes providing a more holistic 

21           educational experience that centers on 

22           project-based learning and career readiness 

23           while incorporating a multicultural approach 

24           to teaching history, inspiring civic 


                                                                   233

 1           engagement, and collaborating with community 

 2           and corporate partners.  

 3                  We should be using our experience with 

 4           remote learning as a springboard to truly 

 5           develop transformative ways of educating our 

 6           children.  This is a special moment in time.  

 7           And if we use our technological tools the 

 8           right way, I believe that we can fully 

 9           transform how our teachers and how our 

10           children are experiencing school in the first 

11           place.  And so it's right for a lot of 

12           workforce to do, and I can't wait to get at 

13           it.

14                  The third thing is prioritizing 

15           wellness and its link to student success. 

16           That includes access to green spaces, 

17           high-quality nutrition, and comprehensive 

18           whole-child support for a broad range of each 

19           student's needs.

20                  CHAIRWOMAN WEINSTEIN:  Chancellor, you 

21           know, I see that the 10 minutes is up.  Could 

22           you just summarize?  Because I know we have a 

23           number of members who have questions.  Can 

24           you summarize some of the issues in your 


                                                                   234

 1           prepared remarks on the state budget so that 

 2           we can --

 3                  NYC DOE CHANCELLOR BANKS:  Yup.  Yup.

 4                  CHAIRWOMAN WEINSTEIN:  -- so that our 

 5           anxious members could start talking to you.

 6                  NYC DOE CHANCELLOR BANKS:  Absolutely.  

 7           I'm sorry.  

 8                  And so now just sort of very briefly 

 9           to Governor Hochul's proposed budget, which I 

10           believe will greatly help us to achieve the 

11           goals I've described in New York City.  

12                  First, this budget upholds the state's 

13           previous commitment to continue the phase-in 

14           of the Foundation Aid formula, the state's 

15           largest education fund source.  And this 

16           commitment enables us to maintain our school 

17           allocation formula, Fair Student Funding, at 

18           100 percent for all schools.  And we are 

19           extremely grateful that the Governor and the 

20           state are poised to continue sustaining this 

21           critical investment that will bring hundreds 

22           of millions of dollars more directly to our 

23           schools.  

24                  Thanks in large part to this State 


                                                                   235

 1           Legislature, schools have historic levels of 

 2           funding that have allowed for every school to 

 3           have access to mental health support through 

 4           a full-time social worker or a school-based 

 5           mental health clinic, and for every high 

 6           school to have access to PSAL athletic 

 7           programming for the first time in the city's 

 8           history.  

 9                  Even more importantly, this budget 

10           extends mayoral accountability through 2026. 

11           And we are enormously appreciative of the 

12           leadership and advocacy of Governor Hochul 

13           and the entire State Legislature on this 

14           issue.  For over 30 years I have served as an 

15           educator in the New York City school system 

16           in various capacities, including as a teacher 

17           and a principal, and I remember the previous 

18           system.  And I can unequivocally say to you 

19           that mayoral accountability, while it's not 

20           perfect, it's the most successful and 

21           effective system of school governance that we 

22           can provide our students.  

23                  You need to look no further than our 

24           ability to fully open schools this month. 


                                                                   236

 1           Because of mayoral accountability, we were 

 2           able to act quickly and put in place the 

 3           safety measures that were needed to safely 

 4           open schools and welcome students back.  We 

 5           kept schools open because it's where children 

 6           are safest and the best place for them to 

 7           learn.  This was the mayor's commitment from 

 8           Day 1, and we were able to live up to it for 

 9           the children of New York City.  

10                  The Governor's also announced, as part 

11           of this budget, that 4410 programs, which 

12           serve pre-K students with disabilities and 

13           whose rates are set by the state, will see a 

14           rate increase of 11 percent.  And this sector 

15           has been a critical component of our early 

16           childhood education expansions, and this rate 

17           increase will strengthen our early childhood 

18           system in the long term.  This investment 

19           goes a long way towards making our early 

20           childhood education programs truly universal, 

21           allowing children from every zip code to have 

22           a seat in a quality program.  It is more than 

23           just a legal obligation, it's a moral one as 

24           well.  


                                                                   237

 1                  So finally, we know how devastating 

 2           this pandemic has been to the mental health 

 3           of our students.  We're gratified to see a 

 4           recognition in the Governor's budget of the 

 5           need for greater investment in this area, 

 6           requiring the New York State Education 

 7           Department to create a grant program for 

 8           student well-being and learning loss.  A 

 9           permanent state grant program would help to 

10           sustain this essential work in the years to 

11           come and keep resources directed toward 

12           supporting the whole child.  

13                  And so in conclusion, as we continue 

14           to navigate the countless challenges posed by 

15           COVID-19, the crisis has already clarified 

16           what needs to be done now and going forward 

17           to greatly improve how we serve our children. 

18           In many ways, areas of longstanding 

19           disagreement between the state and city are 

20           clearly giving way to a powerful consensus 

21           that I believe will make an enormous 

22           difference.  So thank you.  

23                  CHAIRWOMAN WEINSTEIN:  Thank you, 

24           Chancellor.  Thank you for being here.  This 


                                                                   238

 1           is the first time you're with us and 

 2           hopefully we'll be seeing you not only at the 

 3           hearings, but I know we'll be seeing you 

 4           other times, as you've mentioned.

 5                  We're going to go to our Education 

 6           chair, Assemblyman Benedetto, for 10 minutes.

 7                  ASSEMBLYMAN BENEDETTO:  

 8           Mr. Chancellor, thank you very much for being 

 9           here.  And -- (audio muted).

10                  NYC DOE CHANCELLOR BANKS:  I can't 

11           hear you.

12                  CHAIRWOMAN WEINSTEIN:  Mike, you have 

13           to --

14                  ASSEMBLYMAN BENEDETTO:  Unmute.

15                  CHAIRWOMAN WEINSTEIN:  Unmute 

16           yourself, correct.

17                  ASSEMBLYMAN BENEDETTO:  I thought I 

18           did.  I'm so sorry.

19                  So at any rate, Mr. Chancellor, you've 

20           got a monster job ahead of you.  It's not an 

21           envious position you're in, but I wish you 

22           well.  And our job is to try to help you to 

23           the fullest extent possible, and we will try 

24           to do that.


                                                                   239

 1                  Let me just tell you, one of the 

 2           criticisms that I've heard in regards to 

 3           school governance, mayoral control in 

 4           particular, is about parental involvement and 

 5           reaching out to parents and the importance of 

 6           it.  And maybe, under the school governance 

 7           we have now, parents aren't properly 

 8           addressed and heard.  A quick comment on 

 9           that.

10                  NYC DOE CHANCELLOR BANKS:  Well, 

11           Chair Benedetto, I would say that you will 

12           not find any chancellor who is more committed 

13           to engaging parents than me.  

14                  It is part of my DNA.  It is part of 

15           the work that I have done in my 30-plus years 

16           working in the system.  I have done some 

17           transformative things even at the schools 

18           that I have worked at in terms of how we 

19           engage parents.  I believe that that is one 

20           of my four pillars, is to be very intentional 

21           in engaging parents as true partners.  

22                  I don't believe in, you know, 

23           decisions being made and then we bring 

24           parents in as a photo op.  I want parents 


                                                                   240

 1           there at the beginning, helping us to 

 2           co-construct policy for the DOE.  And I'd ask 

 3           that you hold me personally accountable for 

 4           that, because that is how I have always led 

 5           as a leader.  That is what I will continue to 

 6           do as a leader in my role here as chancellor.  

 7                  I know there have been some things 

 8           that have been done here at the department, I 

 9           think to try to shore up our ability to work 

10           with parents and to give parent voices a 

11           greater impact.  And you can rest assured 

12           that that is something that I will be doing.  

13           I have already been meeting with many of the 

14           parent groups to gain their best thoughts 

15           around what we should be doing, and I will 

16           continue to do that and expand on that for 

17           certain.

18                  ASSEMBLYMAN BENEDETTO:  Thank you.  

19           We've talked today, when Commissioner Rosa 

20           was here, in regards to early learning and 

21           before kids -- or as they're coming into the 

22           system, to do proper screenings on these 

23           children.  And in particular, screening to 

24           see what their learning problems might be.  


                                                                   241

 1           Your thoughts on that, sir.

 2                  NYC DOE CHANCELLOR BANKS:  Oh, 

 3           absolutely.

 4                  Mayor Adams, as you know, has made 

 5           this a major priority around -- particularly 

 6           around dyslexia, but not simply dyslexia 

 7           screening.  But that was an issue that he 

 8           talked about all throughout the campaign.  

 9           And as he appointed me, he said, "I want that 

10           to be one of our major areas of focus."

11                  And so I have met with many leaders in 

12           this space.  Assemblymember Bobby Carroll, 

13           who is really one of the major voices and 

14           advocacy around dyslexia, he arranged for a 

15           trip for me to go to the Windward School.  

16           And it's a private school, but it's really 

17           the gold standard on how to address and deal 

18           with issues of dyslexia.

19                  I've met with many other advocates 

20           around New York City.  We're working very 

21           closely around the creation of a school 

22           specifically -- a public school that will be 

23           dedicated specifically for kids with 

24           dyslexia.  Be the first time that we've had 


                                                                   242

 1           it in New York City.  And so you will hear, 

 2           in the coming weeks, more about that new 

 3           school where we're going to take our best and 

 4           brightest, the most promising practices of 

 5           how do we do diagnose and then how do we 

 6           implement best practices for engaging young 

 7           people in that space.

 8                  So it will be a new space for us.  

 9           We're going to make some investments there.  

10           And it's one that I'm very, very excited 

11           about because they're so many of our young 

12           people.  

13                  And as the mayor always talks about, 

14           so many of the young folks who find 

15           themselves caught up in the criminal justice 

16           system were never diagnosed with dyslexia.  

17           And if we can identify that early and provide 

18           the proper interventions that they need, I 

19           think we can make a huge difference in 

20           helping those young people to have a 

21           promising future instead of just pushing them 

22           along in the school system and then they find 

23           themselves caught up in the criminal justice 

24           system.


                                                                   243

 1                  ASSEMBLYMAN BENEDETTO:  Thank you.

 2                  Listen, you've got -- no matter what 

 3           happens here, you've got a short term to make 

 4           an impact on the educational system in 

 5           New York City.  It might be four years, it 

 6           might be eight years, who knows what it's 

 7           going to be.  But it's a limited amount of 

 8           time.  Do you really believe you can make 

 9           changes and get results in the educational 

10           system that's going to convince people that 

11           boy, oh, boy, this guy did the job?

12                  NYC DOE CHANCELLOR BANKS:  With all 

13           due respect, I wouldn't be here if I didn't 

14           believe that.  I've never done any job in my 

15           life that I didn't believe that I could 

16           accomplish the job.  

17                  And, you know, when we started out to 

18           do this work to try to help young men of 

19           color, many of them had given up on their own 

20           selves in a system that very often does not 

21           deliver for them, people said:  Are you sure 

22           you can deliver on this?  And as I sit here 

23           now, there's thousands of lives that we have 

24           so positively impacted.  


                                                                   244

 1                  And I absolutely believe that as big 

 2           as the New York City public school system is, 

 3           and often as unwieldy as it seems, I truly 

 4           believe that we can turn it around.  I 

 5           believe that deeply.  But I know that I can't 

 6           do it by myself.  That will happen because we 

 7           are engaging in partnership with community 

 8           leaders, parents, families, the students 

 9           themselves.  

10                  You know, last week we had students 

11           from a host of schools around the city who 

12           walked out because they're just so concerned 

13           about issues of remote learning and just not 

14           feeling safe.  I met with those student 

15           leaders.  And they were surprised that, you 

16           know, three days later I actually convened 

17           them to meet with them.  Because I want to 

18           hear what they have to say, and I want to 

19           take all that into consideration as we try to 

20           make the best decisions that we can make for 

21           the system.  

22                  And many of you even on this call, 

23           I've reached out to many of you because I'm 

24           trying to build relationships because you all 


                                                                   245

 1           have your hand on the pulse of what's going 

 2           on in your own districts and in your schools.  

 3           We need to know that.  And that's how I 

 4           intend to continue to lead, in earnest and 

 5           real and authentic partnership with leaders 

 6           across the city.  This is not a one-man show.

 7                  ASSEMBLYMAN BENEDETTO:  Thank you.  

 8                  And in conclusion here, my final 

 9           question -- and I'm sure you're going to get 

10           it several times today.  But let's talk about 

11           the mental health of our students as a result 

12           of the pandemic and as a result of just life 

13           in general.  This was certainly an issue that 

14           was prime in people's minds more than two 

15           years ago.  And it was prime in mine, in my 

16           mind, and I wanted to do something about it, 

17           and then the pandemic hit.  And now it's even 

18           worse.  

19                  Do you have any specific mental health 

20           suggestions that the schools should be doing?

21                  NYC DOE CHANCELLOR BANKS:  Well, first 

22           of all, over 75,000 educators have already 

23           been trained in trauma-responsive education.  

24           So there have been some efforts that have 


                                                                   246

 1           already taken place to first of all make sure 

 2           that our educators themselves are fully 

 3           prepared to respond to the needs of our young 

 4           people.  

 5                  And we've already hired over 

 6           500 social workers this year, where every 

 7           student now has access to social workers, 

 8           counselors, or a school-based mental health 

 9           clinic.  Those are efforts which I think are 

10           going to make a huge difference.

11                  But I will tell you, as somebody who 

12           was a school principal for 11 years, the most 

13           important thing that we can do is engaging 

14           our kids in positive relationships.  That's 

15           how they respond the most.  That teacher -- 

16           when you've got Mr. Benedetto or Ms. Jackson 

17           or Mr. Williams in the school, you know, 

18           they're not just teachers of content.  They 

19           are very important people in the lives of our 

20           kids.  That's what we mean when we say it's 

21           important for our kids to be back in school.  

22           Because the way that our kids are socialized 

23           and the way that they grow up naturally and 

24           normally, they need to be around their 


                                                                   247

 1           friends and they need to be around caring 

 2           adults.  

 3                  So we're going to continue to do all 

 4           that we need to do to fortify those kinds of 

 5           relationships, number one.  

 6                  But number two, as I also mentioned, 

 7           as I've been visiting these schools around 

 8           the city, you would be blown away by some of 

 9           the innovation that the schools are doing 

10           themselves.  Amazing work, even around 

11           social-emotional learning, how they're 

12           engaging their students.  

13                  What I want to do as chancellor is to 

14           create this office as an ecosystem of 

15           support.  It's not enough for -- you know, if 

16           you've got one set of kids who are going to a 

17           great school that have figured out how to 

18           engage them from a social-emotional learning 

19           standpoint, that's great for those kids.  But 

20           what about everybody else?  I want to lift up 

21           those promising practices.  

22                  So if you think about this, Mr. Chair, 

23           you can -- we're going to build a system here 

24           where every teacher and every principal 


                                                                   248

 1           across New York City can see the promising 

 2           practices that everybody else is doing.  So 

 3           you're not working in isolation.  Far too 

 4           many of our schools work in isolation.  And 

 5           the answers that they're grappling with, some 

 6           school has already figured that out on the 

 7           other side of town, but they don't know.  

 8                  And so that's how I see my role, is to 

 9           lift up the work so that everybody -- you're 

10           going to be able to pick up your phone -- if 

11           you want to see the best practices for 

12           social-emotional learning, we will have a 

13           caption, and you can pick it up and you can 

14           follow it with those individual schools.  

15           That's where I'm spending my time, to try to 

16           build capacity for success.

17                  CHAIRWOMAN WEINSTEIN:  Thank you, 

18           Chancellor.  

19                  ASSEMBLYMAN BENEDETTO:  Thank you and 

20           good luck, Chancellor Banks.

21                  NYC DOE CHANCELLOR BANKS:  Thank you 

22           so much.  

23                  CHAIRWOMAN WEINSTEIN:  We're going to 

24           turn it over to the Senate and Senator 


                                                                   249

 1           Krueger.

 2                  CHAIRWOMAN KRUEGER:  Thank you.  

 3                  Good afternoon, Chancellor Banks.  

 4           Welcome to your first Albany hearing.

 5                  NYC DOE CHANCELLOR BANKS:  Thank you.

 6                  CHAIRWOMAN KRUEGER:  So the Senate 

 7           thought the New York City school system was 

 8           so important we created our own committee to 

 9           deal with it.  And Senator John Liu is the 

10           chair of the New York City Education 

11           Committee, and he will be the first 

12           questioner of you.

13                  SENATOR LIU:  Thank you, Madam Finance 

14           Chair.  And you're right, New York City 

15           public schools are pretty darn important, and 

16           in fact it's the largest system in the entire 

17           country, so we have to give it a lot of 

18           attention.  

19                  I share Chair Benedetto's 

20           congratulations to you, Chancellor Banks.  I 

21           think he wished you well in some form of 

22           expressing sympathies as well.  So if he did 

23           that, I share those sympathies also, because 

24           it's a big job that you have jumped into and 


                                                                   250

 1           fully embraced.  And it's going to be a tough 

 2           job, no question.

 3                  I appreciate the many conversations 

 4           you and I have had long before you were even 

 5           thinking of becoming chancellor, and of 

 6           course since named schools chancellor for 

 7           New York City.  I also appreciate the 

 8           tremendous amount of outreach that you and 

 9           Mayor Adams have engaged in with the public 

10           as well as with many of my colleagues in 

11           government, both state, city and federal.  So 

12           you hit the ground running on a number of 

13           issues.

14                  We all have a limited amount of time, 

15           and I do have a few areas that I wanted to 

16           ask you some things about.

17                  First, thank you for thanking us for 

18           the increase in Foundation Aid.  It is 

19           something that we committed to last year.  

20           We're making the second installment this 

21           year.  And I have every expectation that 

22           we'll follow through on the completion of the 

23           increase in annual school aid by next fiscal 

24           year.


                                                                   251

 1                  NYC DOE CHANCELLOR BANKS:  Thank you.

 2                  SENATOR LIU:  As part of that, 

 3           though -- and always happy to see the 

 4           fantabulous Lindsey Oates there.  You know 

 5           what I'm going to ask you, Lindsey and 

 6           Mr. Chancellor.  Where is the Department of 

 7           Education on the Fair Student Funding 

 8           formula?  That is now four years behind 

 9           schedule.  So we're sending you all this 

10           money, but we also expect that you be held 

11           accountable for that, and the money goes to 

12           the schools in New York City that need it the 

13           most.  

14                  So what's going on with the Fair 

15           Student Funding formula?  

16                  NYC DOE CHANCELLOR BANKS:  Well, since 

17           you called for our chief financial officer, 

18           who has been grappling with this for quite 

19           some time, I'm going to invoke her at this 

20           moment to lean in.  You know, again, on some 

21           of this, I just got here, Senator, and I'm 

22           still getting my arms around a whole host of 

23           issues here at the department.  But we're in 

24           good hands with our chief financial officer, 


                                                                   252

 1           Lindsey Oates, and just ask that you don't --  

 2                  SENATOR LIU:  Thank you.  Thank you, 

 3           Chancellor Banks.  I don't need a whole lot 

 4           of detail here, I just need a date.  A date.

 5                  NYC DOE CFO OATES:  Good afternoon, 

 6           Senator Liu.  Nice to speak with you again.  

 7                  So we used every penny of the 

 8           Foundation Aid increase to raise the Fair 

 9           Student Funding floor to 100 percent for all 

10           schools this past school year.  So now for 

11           the first time ever, we are proud to say that 

12           all schools are 100 percent funded.  This was 

13           an average increase of about $400,000 per 

14           school --

15                  SENATOR LIU:  We already went through 

16           that, Lindsey.

17                  NYC DOE CFO OATES:  I know.

18                  SENATOR LIU:  My question is, it's 

19           all -- all the schools are at 100 percent 

20           FSF.  The problem is that the FSF formula is 

21           way obsolete, it's outdated.  And it's not 

22           directing the funding appropriately to all 

23           the public schools.  So the question is -- 

24           you know, this was supposed to have been done 


                                                                   253

 1           in 2019.  It's now 2022.  When is that 

 2           formula going to be updated?  

 3                  NYC DOE CFO OATES:  So as you know, 

 4           our first priority was to fully fund the 

 5           formula, and we're grateful to have the 

 6           resources to do that.  

 7                  We now have a brand-new leadership 

 8           team here, obviously, and a new mayor, and we 

 9           have started having conversations about that.  

10           It takes a while to do this well.  And we 

11           want to be thoughtful about the engagement --

12                  SENATOR LIU:  No time frame in mind.

13                  NYC DOE CFO OATES:  We want to be 

14           thoughtful about engagement with all the 

15           advocates, parents, teachers --

16                  SENATOR LIU:  Let's start engaging all 

17           of them.  

18                  And a related question here.  You 

19           know, for many years now, for an untold 

20           number of years, the New York State 

21           Department of Education, as backed by 

22           City Hall, has always been opposed to the 

23           Contract for Excellence.  And nonetheless, 

24           the State Legislature has continued to push 


                                                                   254

 1           this important priority.

 2                  So, you know, when the Campaign for 

 3           Fiscal Equity lawsuit was determined by the 

 4           courts, they did indicate that class sizes in 

 5           New York City were a problem that was 

 6           contributing to the lack of the state 

 7           fulfilling its educational mandate for all 

 8           schoolkids.  And it doesn't seem like the 

 9           Campaign for Fiscal Equity or the concept of 

10           smaller class sizes is being reflected in the 

11           Fair Student Funding formula.  Or it doesn't 

12           seem like the Department of Education has 

13           made headway towards that goal of reducing 

14           class sizes even though, you know, we've been 

15           calling for it.

16                  So is the DOE -- and maybe this is for 

17           Chancellor Banks.  We need you to prioritize 

18           lowering class -- 

19                  NYC DOE CHANCELLOR BANKS:  Got it.  

20           Got it.  No, listen.  Again -- and I wish -- 

21           and I don't like to do a dance to questions 

22           asked of me.  But what I will say to you is 

23           that these are the first two items, and I'm 

24           sure there are going to be more that are 


                                                                   255

 1           coming, that my response will have to be that 

 2           I will absolutely get back to you, I'm going 

 3           to delve into these and in short order.

 4                  SENATOR LIU:  Thank you.

 5                  And related to that additional 

 6           funding, you know, is the question of mayoral 

 7           control.  Congratulations to you and our new 

 8           mayor for the Governor including a four-year 

 9           extension in her budget.  You know, what 

10           ultimately happens over the next few months 

11           remains to be seen because I know many of my 

12           colleagues in the State Legislature have 

13           concerns about what mayoral control has been 

14           about and the possibility of a four-year 

15           extension, which is, you know, longer than it 

16           has been for a long time.

17                  I am very appreciative, Chancellor 

18           Banks, of you not even using the words 

19           "mayoral control."  You used the term 

20           "mayoral accountability," which always, when 

21           Robert Jackson and I and many others were in 

22           the City Council back when Bloomberg first 

23           became mayor, he called it mayoral control, 

24           we always called it mayoral accountability.


                                                                   256

 1                  But unfortunately in recent years it 

 2           does seem much more like mayoral control, in 

 3           the absence of anybody being able to provide 

 4           input, especially schoolkid parents.  And so 

 5           we need more engagement -- you know, it's -- 

 6           the last couple of years, even during the 

 7           COVID crisis -- especially during the COVID 

 8           crisis, we have had all of these Zoom 

 9           meetings with hundreds of parents, 90-minute 

10           meetings, borough-wide, sometimes 

11           district-wide, the DOE comes on and for 

12           60 minutes DOE officials pontificate.  And 

13           then there's 30 minutes remaining for parents 

14           to ask maybe half a dozen questions, and then 

15           the other 200 parents waiting to speak or ask 

16           questions are hung up on.

17                  NYC DOE CHANCELLOR BANKS:  That's 

18           right.

19                  SENATOR LIU:  So I hope that you will 

20           turn the page on this playbook straight out 

21           of George Orwell that the previous 

22           administration had been following and really 

23           engage the parents in what is needed for our 

24           kids.


                                                                   257

 1                  NYC DOE CHANCELLOR BANKS:  Senator, I 

 2           thank you so much for that.  And you will see 

 3           a very different approach to how we work.  I 

 4           didn't come here to be a DOE bureaucrat and 

 5           to give a bunch of pat answers and to meet 

 6           with parents and do a lot of talking but 

 7           actually say nothing.  

 8                  That is not who I am.  I don't move 

 9           that way, I don't lead that way.  I lead in a 

10           very authentic way, and I cut to the chase.  

11           And I want the parents to know that I hear 

12           them, I see them, I respect them.  Truly, I 

13           am one of them.  I'm a product of this New 

14           York State public school system.  And I don't 

15           see myself as sitting in control over 

16           anybody.  I want to do this with them.  

17           That's why I call it -- but like I said, 

18           there's no system that is a perfect system.  

19                  But having been a teacher and an AP 

20           and a principal over the years, and having 

21           seen what the old system looked like, where 

22           no one was held accountable because everybody 

23           -- every borough president, everybody had a 

24           stake.  The mayor didn't have enough sway so 


                                                                   258

 1           when you needed to make real hard decisions, 

 2           the public couldn't hold anybody accountable.

 3                  So while I think this system certainly 

 4           has its own flaws, I think it's the best that 

 5           I've seen.  And I just want you to know, 

 6           working with me, you're going to have a very 

 7           different approach.

 8                  SENATOR LIU:  Thank you.  And to your 

 9           comments, which I truly appreciate, they 

10           suggest that perhaps some changes are 

11           actually necessary in the current system of 

12           mayoral accountability to make sure that 

13           there is more accountability and that parents 

14           have more input.  

15                  So I look forward to figuring out what 

16           changes can be made if mayoral 

17           accountability, as under the current system, 

18           is extended.

19                  NYC DOE CHANCELLOR BANKS:  Certainly 

20           open to those conversations for sure.  Thank 

21           you.

22                  SENATOR LIU:  I've got one more 

23           minute, and then I'll get you with a second 

24           round later.


                                                                   259

 1                  But speaking of parental input, we 

 2           have been getting a huge amount of input from 

 3           parents, as legislators.  And a very big 

 4           question that's been asked by a lot of 

 5           parents out there is what's happening with 

 6           the G&T programs.  De Blasio thought that he 

 7           got rid of it, we never believed it, Mayor 

 8           Adams spoke about increasing and expanding 

 9           G&T programs, and now the deadline has been 

10           passed.  Parents are wondering what's going 

11           on.

12                  So I think, you know, I've made it 

13           very clear that I believe there is a place 

14           for accelerated learning in New York City 

15           public schools.  It's been there for decades, 

16           for generations.  I feel like you believe the 

17           same thing.  But my question is what's going 

18           on with accelerated learning in New York City 

19           and the G&T programs?  

20                  NYC DOE CHANCELLOR BANKS:  Absolutely 

21           looking at this.

22                  Well, first of all, the mayor -- and 

23           I, right -- are fully committed to expanding 

24           opportunities for accelerated learning.  So 


                                                                   260

 1           you should just know that.  So the details of 

 2           what we have to do or put in place will be 

 3           coming in the coming days.  So we came in 

 4           already stating to everyone that we are not 

 5           cutting back on Gifted and Talented, we 

 6           intend to expand Gifted and Talented 

 7           programming.

 8                  And when I ask the question, Is there 

 9           some reason why we don't have more Gifted and 

10           Talented seats, what's the -- what am I 

11           missing, there was no clear answer to that 

12           question.  So we have this scarcity model 

13           where there are a handful of seats and we've 

14           got our parents at each other's throats 

15           over -- fighting over a handful of seats.

16                  My goal -- and I've spoken to, you 

17           know, elected officials and community members 

18           all across the city who have said, you know, 

19           We want Gifted and Talented in our district.  

20           And --

21                  CHAIRWOMAN KRUEGER:  Chancellor, I 

22           have to cut you off.  I think more people 

23           will ask you about Gifted and Talented and 

24           you'll have a second shot at that.  But we 


                                                                   261

 1           have to focus on the clock, unfortunately.  

 2                  And the Assemblymember has asked me to 

 3           call on Assemblymembers as she ran to another 

 4           meeting briefly.  And so the next 

 5           Assemblymember is Ranker Ra for five minutes.

 6                  ASSEMBLYMAN RA:  Thank you, 

 7           Chair Krueger.  

 8                  Good afternoon, Chancellor.  

 9           Congratulations.  Welcome on behalf of a 

10           fellow St. John's Law grad.  So --

11                  NYC DOE CHANCELLOR BANKS:  Heyyy.  All 

12           right.

13                  ASSEMBLYMAN RA:  Nice win the other 

14           night for the basketball team, so I'm happy 

15           about that.

16                  NYC DOE CHANCELLOR BANKS:  That's 

17           right.  That's right.

18                  ASSEMBLYMAN RA:  So I'm from the east 

19           side of the Nassau-Queens border, but I'm in 

20           Western Nassau and Franklin Square, so not 

21           too far from the city.  But I did want to ask 

22           about an issue that has impacted an academic 

23           institution that does border within my 

24           district.  That's the Henry Viscardi School, 


                                                                   262

 1           which is a 4201 school for both physically 

 2           disabled individuals.  

 3                  And the last couple of school years, 

 4           back with the reopening in 2020 and then this 

 5           past fall, there was a delay in providing 

 6           transportation to these students.  And I know 

 7           that, you know, this all predates you, but I 

 8           do want to ask, you know, what planning is 

 9           going on to ensure this isn't a problem as we 

10           get into the next school year.

11                  There was, to my understanding, a 

12           delay in providing busing for these students 

13           for about the first two weeks of the school 

14           year.  There was, you know, some 

15           accommodation that was attempted to be made 

16           through, you know, MetroCards and maybe 

17           Uber-type arrangements, but many of these 

18           children are disabled, have medical needs, 

19           and that is not really a viable option to 

20           getting them to school.  And as a result, you 

21           know, they were missing instruction.

22                  NYC DOE CHANCELLOR BANKS:  Yeah.  

23           Yeah.  First of all, I appreciate the 

24           question.  And I don't -- this is the first 


                                                                   263

 1           I'm hearing of it.  I'm not so familiar with 

 2           the school per se.  But we do have our 

 3           director of operations here, Kevin Moran, and 

 4           I'd like to ask Kevin if he can be unmuted so 

 5           that he can -- you know, to the extent that 

 6           he's aware -- respond to that question.

 7                  CHIEF SCHOOL OPS OFFICER MORAN:  Yes.  

 8           Very much appreciate the question and an 

 9           opportunity to provide clarity here.  

10                  This summer, like none other, was a 

11           challenge to restart the busing industry 

12           proper.  And so we had to adhere to one day, 

13           one start day.  So the couple of hundred 

14           schools that started early knew in advance 

15           that if they started early, we wouldn't be 

16           ready to deliver transportation on that set 

17           day.

18                  We service 3,000 schools and programs 

19           across the city and the surrounding counties 

20           and states.  We let folks know early going 

21           into April/May that our calendar system was 

22           locked, but we had to start in unison as a 

23           system for operability purposes on the first 

24           day of the DOE schedule.


                                                                   264

 1                  That will not happen this year.  We've 

 2           taken a lot of efforts to help recruit and 

 3           work with companies on staffing models to 

 4           make sure we have the full fleet running.  On 

 5           a daily basis we run over 99 percent of our 

 6           routes effectively.  And we're definitely 

 7           going to stay on top of this to make sure 

 8           those private schools that start prior to the 

 9           school year for the DOE, that we get those 

10           services delivered.  

11                  I'm happy to follow up with you on any 

12           specific concerns offline.

13                  ASSEMBLYMAN RA:  Okay.  Great.  Thank 

14           you, Mr. Moran.  Thank you, Chancellor.  And 

15           all the best to you as you begin your tenure.

16                  NYC DOE CHANCELLOR BANKS:  Thank you 

17           so much.  I appreciate that.  

18                  CHAIRWOMAN KRUEGER:  Thank you.  And 

19           our next questioner will be Senator Shelley 

20           Mayer, the  chair of our Education Committee.

21                  SENATOR MAYER:  Thank you.  

22                  Nice to see you, Chancellor.  

23           Congratulations again.

24                  NYC DOE CHANCELLOR BANKS:  Good to see 


                                                                   265

 1           you.

 2                  SENATOR MAYER:  It's nice to reconnect 

 3           after 30 years.  

 4                  One subject that Senator Liu and I 

 5           heard a great deal about for the last year 

 6           and a half from New York City parents was 

 7           parents of special ed kids whose IEPs were 

 8           frankly not complied with during COVID.

 9                  Recognizing the challenges, I wonder 

10           what is your approach to -- as we move 

11           forward still in COVID, how are we going to 

12           ensure that these IEPs for individual kids, 

13           as you know, with individualized issues, are 

14           addressed by the district -- by the city and 

15           DOE?

16                  NYC DOE CHANCELLOR BANKS:  So I will 

17           tell you, one of the things that as I came 

18           here, Senator Mayer, that was expressed to me 

19           in a huge way was just how fundamentally 

20           broken the special education system here has 

21           been.  The first person that really brought 

22           it to my attention was the head of UFT, 

23           Michael Mulgrew, who I talk to on a regular 

24           basis, who said:  You'd better get your arms 


                                                                   266

 1           around this thing or you're just going to get 

 2           taken over and have a federal monitor put on 

 3           it.

 4                  And so, you know, I'm a firm believer 

 5           that all of our students with disabilities 

 6           deserve a high-quality education.  Again, 

 7           this is a source of focus also from the 

 8           mayor.  But we have been meeting with a whole 

 9           host of people around how to fix this.  We 

10           just recently met with Dr. Rosa, as well as 

11           Chancellor Young.  

12                  We have hired a host of new attorneys 

13           who are helping us, first of all, just to 

14           deal with the backlog of cases.  And together 

15           with what we're doing over at OATH, we think 

16           the combination is really going to help us 

17           just, first of all, try to catch up, number 

18           one.  

19                  And so I think we're on a very 

20           significant path in doing that.  I think 

21           Dr. Rosa in her earlier testimony also 

22           alluded to the fact that we've already made 

23           very significant progress in doing that.

24                  What my direction has been to our team 


                                                                   267

 1           here is that I'm not interested in just 

 2           figuring out how to catch up.  I want to make 

 3           sure that we get out in front of this issue 

 4           and that we are providing the kinds of 

 5           services that our young people need and 

 6           deserve and we are supposed to deliver to 

 7           them, by law.

 8                  And so if you just give me a little 

 9           bit more time to get out in front of this.  

10           But we're engaging all of the right people 

11           who are asking all the right questions, and 

12           it's becoming a lot clearer to me.  But the 

13           system here has been broken, to be very 

14           clear, and it is my intention certainly to 

15           get out in front of it and then fix it.

16                  SENATOR MAYER:  Thank you.  Very good 

17           to hear.  And, you know, very much appreciate 

18           your sense of urgency and intensity about 

19           fixing these problems.

20                  Secondly, on sort of your approach to 

21           a longer school day -- and not necessarily 

22           solely academic, but schools being open a 

23           longer period of time, with wraparound and 

24           other services.  I mean, I think my New York 


                                                                   268

 1           City colleagues can attest that those either 

 2           community schools or longer-school-day 

 3           schools provide a range of opportunities for 

 4           our kids that they don't have otherwise.

 5                  And I wonder if you have plans to 

 6           expand that model.

 7                  NYC DOE CHANCELLOR BANKS:  Yeah, so I 

 8           think that first of all, you know, expanding 

 9           some of the community school work is 

10           something that is a priority for us.  Those 

11           wraparound services are built into the model.

12                  But even for those schools that don't 

13           get the designation as community schools, 

14           we're certainly going to be looking at how do 

15           we expand on these investments to create, you 

16           know, more opportunities for young people 

17           after school.  You know, when I was at Eagle 

18           Academy, we had Saturday school.  How do we 

19           use our time more wisely in the summer?  

20                  In fact, these are things that we have 

21           to do when people ask us the question around 

22           learning loss.  Well, the way we're going to 

23           catch up is by making better use of all of 

24           the time that we have.  But that doesn't 


                                                                   269

 1           necessarily mean -- in fact that doesn't mean 

 2           that we're looking for all of our teachers to 

 3           work until 6 or 7 o'clock.  We want to engage 

 4           the community-based organizations.  And there 

 5           are hundreds of CBOs all across New York 

 6           City, if not thousands, who are anxious to be 

 7           involved and to be more engaged in our 

 8           schools.  Many of them are already in our 

 9           schools providing all kinds of services.

10                  And we think that if we are strategic 

11           in how we bring them all together for maximum 

12           impact -- so what does that mean?  That means 

13           that there are some districts that have an 

14           even greater need than others, where our kids 

15           have fallen behind further than others.  If 

16           you look at some of the districts in 

17           East New York, in Ocean Hill-Brownsville, I 

18           mean, they're crying out for real help.

19                  So we want to target our resources and 

20           investments to those kids who are the 

21           furthest behind as a result of this pandemic.  

22           And it will mean engaging, as I like to call 

23           it, the village.  You know, there's lots of 

24           other groups who have been working for 


                                                                   270

 1           decades with young people who bring a very 

 2           different context and relationship to kids 

 3           than their teachers do in school.  And so we 

 4           want to make sure that all of that is in 

 5           place, Senator.

 6                  So that's a huge part of the 

 7           announcements that you'll see.  Some of these 

 8           will be things that you hear from the mayor 

 9           as part of his 100-Day Plan.  There will be a 

10           whole host of announcements that relate to 

11           the Department of Education and the work that 

12           we're doing.  So I don't want to get out in 

13           front of the mayor, but just to say that it 

14           is a priority for us.  We see it, we 

15           recognize it, we understand that if we don't  

16           make better use of our time, our kids will 

17           never catch up -- and we don't intend to see 

18           that happen.

19                  SENATOR MAYER:  Thank you.

20                  Lastly, and it's not to be answered 

21           today, but we did have a hearing earlier this 

22           year on how districts across the state, 

23           including the City of New York, were using 

24           their ARP and additional Foundation Aid 


                                                                   271

 1           money.  

 2                  At some point could we get a breakdown 

 3           of the -- like you mentioned 500 social 

 4           workers were hired, which is fantastic.  You 

 5           know, if you and Lindsey and your team can 

 6           provide us a detailed breakdown of who was 

 7           hired, what -- where they are being placed, 

 8           that will be very helpful, I think, to our 

 9           overall analysis of how --

10                  NYC DOE CHANCELLOR BANKS:  Absolutely.  

11           Will do.  We've got a pretty comprehensive 

12           breakdown already.  We may have to fine-tune 

13           a couple of things and we'll get that out to 

14           you and the other members in short order.

15                  SENATOR MAYER:  Thank you.  And thank 

16           you for -- you know, I mean Senator Liu is 

17           fantastic, and Senator Jackson, my New York 

18           City colleagues leading the charge here.  I'm 

19           just sort of from the sidelines here, 

20           weighing in on their behalf.

21                  NYC DOE CHANCELLOR BANKS:  Well, I 

22           appreciate you and I appreciate your 

23           leadership.  And thank you on a personal 

24           level for when I was a young attorney working 


                                                                   272

 1           at the Attorney General's office and the kind 

 2           of leadership that you provided in that 

 3           office, and I thank you.

 4                  SENATOR MAYER:  Thank you.

 5                  CHAIRWOMAN KRUEGER:  Thank you.

 6                  And everyone who knows Shelley Mayer 

 7           knows that she doesn't really just sit on the 

 8           sidelines, just FYI.

 9                  (Laughter.)

10                  CHAIRWOMAN KRUEGER:  So next to 

11           Assemblywoman Deborah Glick, chair of the 

12           Higher Ed Committee.  

13                  ASSEMBLYWOMAN GLICK:  Good afternoon, 

14           chancellor.  It's good to see you again.

15                  NYC DOE CHANCELLOR BANKS:  Thank you.  

16           Good to see you as well.

17                  ASSEMBLYWOMAN GLICK:  A couple of 

18           questions.  

19                  Around the high school application, it 

20           was a very complicated and challenging 

21           process and I often said that if my parents 

22           had to deal with that, I'm not sure I would 

23           have gone to high school.

24                  (Laughter.) 


                                                                   273

 1                  ASSEMBLYWOMAN GLICK:  So I'm wondering 

 2           what changes or what information can you 

 3           provide to parents ahead of time to make that 

 4           an easier process.  And the follow-up to that 

 5           is, at the time we were told that people had 

 6           to select any -- up to 12 schools and that 

 7           they would likely get, you know, in one of 

 8           their top three or four.  And I asked what 

 9           the percentage was of students who got into 

10           their top six choices or their lower six 

11           choices.  I never got an answer.  

12                  But I'd like to understand what you're 

13           going to do about making that a more -- just 

14           improving the process for our families, and 

15           what do you envision in terms of making 

16           choices and how -- you know, I was told an 

17           algorithm, you know, runs things.  Which is 

18           fine if you're trying to be blind on some 

19           screens, but it doesn't work if nobody is 

20           getting into the schools of their choices.

21                  NYC DOE CHANCELLOR BANKS:  Right.  

22           Right.  

23                  Well, you know what that -- this 

24           office itself offers a prime example of how 


                                                                   274

 1           we should be engaging parents.  And so I will 

 2           make sure that this is one of the -- and I'm 

 3           glad you raise it, because in the last 

 4           several months that I've actually been 

 5           talking to parents and families and elected 

 6           officials, no one has raised this as a 

 7           particular issue, but I think you are 

 8           absolutely right.  

 9                  It's a complex, convoluted process.  

10           It needs to be made much more user-friendly.  

11           And it's one that I can certainly engage with 

12           parents in doing.  And so I will certainly 

13           take that up and try to learn more about how 

14           are parents experiencing this process and try 

15           to hear it directly from them, even 

16           suggestions on what we could do to improve.

17                  So I will certainly make sure that 

18           will be on my to-do list.

19                  ASSEMBLYWOMAN GLICK:  And I guess I 

20           would like to get from someone what did 

21           happen in the last round in terms of what 

22           percentage of students got into the top six 

23           of their choices or the bottom six.  Because 

24           I think that might help us understand whether 


                                                                   275

 1           or not families are actually being served 

 2           well in terms of where they want their kids 

 3           to go to school.

 4                  NYC DOE CHANCELLOR BANKS:  That's a 

 5           very interesting notion.  And my team is 

 6           taking note of every one of these requests 

 7           that are coming in, and we will certainly get 

 8           back to you.

 9                  ASSEMBLYWOMAN GLICK:  Obviously kids 

10           need a safe space in which to learn.  And we 

11           have a relatively new middle school in my 

12           district -- beautiful.  It's a beautiful 

13           school.  And the School Construction 

14           Authority under then -- now First Deputy 

15           Mayor Lorraine Grillo did an unbelievable 

16           job.

17                  But I've heard from some folks that 

18           that school has a number of problems in terms 

19           of, you know, regular issues with -- I don't 

20           want to term it violence, but some sort of 

21           disruptions.

22                  And so I guess that is a key concern 

23           that even in a -- you know, I went to a 

24           school in Queens that -- my middle school, my 


                                                                   276

 1           junior high was an old wreck, so you could 

 2           understand why kids might not feel like they 

 3           were valued.  But this is a beautiful school, 

 4           and still there are problems.  So it's not 

 5           only the environment.  Something's happening.

 6                  NYC DOE CHANCELLOR BANKS:  You know 

 7           what, you're so on point with that, Madam 

 8           Chair, because one of the things we don't 

 9           talk a lot about that happened during this 

10           pandemic, you know, we say that there's 

11           social-emotional issues that we need to deal 

12           with.  But what I have found in talking to 

13           principals all over the city, they said our 

14           kids came back different when they got back 

15           to school.  There was loss at a level that I 

16           don't think many of the school personnel were 

17           fully prepared to deal with.  

18                  The organization of school and being 

19           in school with your friends, being around 

20           those teachers, as I said earlier, who matter 

21           to you, who give you a hug when you need it, 

22           who give you the encouragement when you need 

23           it, who admonish you when you need it -- all 

24           of these things are critically important to 


                                                                   277

 1           their overall development.  And when you 

 2           suspend that for a year, a year and a half, 

 3           two years that so many of our kids have 

 4           actually been out of that process -- it's not 

 5           like they were just at home.  They were also 

 6           subjected to a lot of other negative 

 7           influences that have played out.  That's the 

 8           reason why we've seen, as the kids came back 

 9           to school, a rash of bad behavior, kids 

10           bringing weapons to school who had never 

11           brought weapons to school before.  There was 

12           a loss that happened, and a lot of negative 

13           stuff got there to take its place.

14                  So it's going to take us a little 

15           while to turn that around.  That's why we 

16           keep saying the best thing that could 

17           possibly happen for our kids is for them to 

18           be back in school, to get used to the 

19           organization of school, to get used to 

20           building on those relationships again.  They 

21           matter.  They matter deeply.  And I know 

22           that, as somebody who was in the school for 

23           so many years.  

24                  And so these are things that it's hard 


                                                                   278

 1           to navigate this from the chancellor's seat.  

 2           What we have to do is make sure at the school 

 3           level that we're giving them all the help and 

 4           the support that they need to provide 

 5           everything that our kids need.

 6                  And so we'll continue to push on that.  

 7           I think you're going to continue to see 

 8           things getting better.  

 9                  The day before Christmas, the 

10           holidays, we had 63 percent attendance.  

11           Yesterday we had almost 87 percent.  Our kids 

12           are coming back.  A lot of our teachers who 

13           have been out, they're coming back.  There's 

14           been a steady upward climb that would -- you 

15           know, as we're seeing a lot of the cases, the 

16           Omicron, I think we're -- you know, fingers 

17           crossed, I think we're starting to move to 

18           the other side.  And there's nothing better 

19           that could happen for our kids than to see 

20           this steady pace moving and we're seeing them 

21           steadily coming back and getting back into 

22           the normalization process that they so richly 

23           need.  

24                  ASSEMBLYWOMAN GLICK:  You mentioned 


                                                                   279

 1           the school that would focus on dyslexia.  I 

 2           believe it's the school that we fought for in 

 3           my district just off of Houston Street.  So I 

 4           hope that there is a commitment, because NYU, 

 5           which has the property but out of the ULURP 

 6           is required to turn it over, has asked or 

 7           offered that they -- the School Construction 

 8           Authority an extension.  

 9                  So I'm concerned (a) about the school 

10           not getting shunted aside and (b) NYU 

11           absolving itself of its responsibility to 

12           relocate the supermarket that's there.  So 

13           it's a neighborhood thing, and we don't want 

14           people fighting over schools and 

15           supermarkets, we want both.  And the school 

16           is really important.  So I hope that you'll 

17           be talking with the School Construction 

18           Authority to ensure that they -- they may 

19           have signed off on the extension, but that 

20           they will not take that as a back-burner 

21           issue.

22                  NYC DOE CHANCELLOR BANKS:  I agree.  

23           And we're all over that.  I can certainly be 

24           back in touch with you around the status of 


                                                                   280

 1           that.  And -- but just know that I don't -- 

 2           the mayor -- this is a priority for the 

 3           mayor.  He wants to see a school that would 

 4           help kids who are suffering from dyslexia, 

 5           that we would have that in every borough in 

 6           New York City.

 7                  And so that is the goal.  That's where 

 8           we ultimately hope to be.  Again, as I said, 

 9           I don't want to preempt some of his 

10           announcements, but just you all know that 

11           he's on record as saying this is critically 

12           important to him and to his administration, 

13           and I'm doing everything that I can to make 

14           sure that we implement.  So stay tuned in the 

15           coming weeks and months ahead.

16                  ASSEMBLYWOMAN GLICK:  My last comment 

17           is about community schools.  I think that's 

18           what they're called now, but when I was 

19           growing up in Queens Village, the high school 

20           across the street was just open at night and 

21           they did all sorts of things.  So it was a 

22           lot of enrichment, kids could play in the 

23           gym.  I took a class in the gym.  My sister 

24           took a painting class with a neighbor.  


                                                                   281

 1                  With that I think we have a hard 

 2           asset, and we really need to make better use 

 3           of them.

 4                  NYC DOE CHANCELLOR BANKS:  Right.  

 5           Right.  Right.

 6                  So I will tell you that, first of all, 

 7           community schools is a proven, effective 

 8           model for supporting students in need and 

 9           improved academic outcomes for students.

10                  Last year we were able to announce an 

11           expansion of community schools programming 

12           directly targeting neighborhoods most 

13           significantly impacted by COVID.  And thanks 

14           to further resources we received from the 

15           federal government, we're able to expand even 

16           further and are in the process of creating 

17           over 100 new community schools across the 

18           city.

19                  So we recognize the critical 

20           importance of community schools and the 

21           wraparound services that they provide, 

22           particularly in moments like this.  And so 

23           the work is still happening, we're still 

24           moving on it, we're doing everything we can 


                                                                   282

 1           to deliver as many as we can.

 2                  CHAIRWOMAN KRUEGER:  Thank you, 

 3           Chancellor.  

 4                  Next up is Senator Robert Jackson.  If 

 5           you don't know him, you haven't really been 

 6           working on schools in New York.  Right?

 7                  (Laughter.)

 8                  SENATOR JACKSON:  Chancellor, let me 

 9           welcome you and your staff.  Unfortunately, I 

10           only have three minutes, so I'm going to move 

11           pretty quickly and I hope that you can 

12           respond as quickly so I can ask as many 

13           questions as I can within the three minutes.

14                  NYC DOE CHANCELLOR BANKS:  Yes, sir.

15                  SENATOR JACKSON:  And the first one 

16           is, is it correct that New York City spends 

17           an average of about $200 million more per 

18           year on charter schools?  Can you speak to 

19           the growing costs?  Are there any actions 

20           that the state can take to help curb the 

21           ballooning costs to publicly funded, 

22           privately managed charter schools?

23                  NYC DOE CHANCELLOR BANKS:  Well, I 

24           will tell you that that is one that I'm 


                                                                   283

 1           probably going to have to get back to you on, 

 2           Senator.  I've got some recent reports in 

 3           terms of, you know, what those numbers 

 4           actually look like.  And there's been some 

 5           concerns from a host of elected officials who 

 6           have reached out.

 7                  So if you give me a couple of days, 

 8           I'll be able to get back to you for sure.

 9                  SENATOR JACKSON:  Sure.  Thank you.

10                  And so DOE holds its Contract for 

11           Excellence public input sessions, which are 

12           required by the law, after the school year 

13           has begun in the fall or the winter, not 

14           submitting its CFE for approval until late 

15           winter/early spring, long after these funds 

16           have already been allocated and spent.

17                  Will you commit to holding Contract 

18           for Excellence hearings and asking for public 

19           comments on your proposed plans before the 

20           DOE and school budgets have been finalized?  

21           And in fact -- 

22                  NYC DOE CHANCELLOR BANKS:  Absolutely.

23                  SENATOR JACKSON:  -- there's 

24           legislation -- thank you, I heard you say 


                                                                   284

 1           "absolutely."  There is legislation that I'm 

 2           sponsoring, along with an Assemblymember, and 

 3           unfortunately the name is not listed here 

 4           right now.  

 5                  So I appreciate you saying 

 6           "absolutely," because that's important 

 7           overall.

 8                  NYC DOE CHANCELLOR BANKS:  Yes, it is.

 9                  SENATOR JACKSON:  And then, to move 

10           on, Commissioner Rosa, Dr. Betty Rosa said 

11           that you and the Mayor Adams administration 

12           have been engaging with the State Education 

13           Department, when asked about mayoral control.  

14           And John is right, we figure it's mayoral 

15           accountability, that's what it is.  We don't 

16           want anyone to control us, let me just say 

17           that. 

18                  Yet school communities are not happy.  

19           You've heard that earlier, with a former 

20           colleague saying that.  

21                  Would you support a restructuring of 

22           the Panel for Educational Policy so parents 

23           have a legitimate say in the policies 

24           affecting their students?


                                                                   285

 1                  And there's a bill on that, and so we 

 2           will get you the bill, S4466 -- I am the 

 3           sponsor -- which talks about who has the 

 4           authority to place certain people in certain 

 5           capacities on the Panel for Educational 

 6           Policy.

 7                  NYC DOE CHANCELLOR BANKS:  Senator, 

 8           listen, I'm always open to having 

 9           conversations on all of these issues.  And if 

10           you want to help to convene a group that we 

11           can certainly talk about this, I'm certainly 

12           open to doing that.

13                  But just please know that 

14           fundamentally I do believe that mayoral 

15           accountability -- and we can talk about what 

16           the tweaks might look like.  But anything 

17           that I think that removes the teeth from it, 

18           where it says mayoral accountability but you 

19           really don't have the authority to move 

20           things, is something that does concern me.

21                  And you know, you and I have been 

22           around a long time and seen what the old 

23           system looked like.  And I would want to do 

24           anything that I could not to go back to the 


                                                                   286

 1           old system where no one was really in charge 

 2           and we saw a level of corruption.  Which was 

 3           what actually sparked the pendulum to move to 

 4           the other side.

 5                  And so I'm certainly open to having 

 6           these conversations, but I stand firmly with 

 7           the mayor on really giving the mayor -- 

 8           holding the mayor ultimately accountable, and 

 9           through his chancellor to help to deliver.

10                  Now, that being said, you know, as I 

11           said earlier, I'm a person who absolutely 

12           firmly engages with community.  That's who I 

13           am.  And I would want to continue to do that.  

14           And so -- but certainly look forward to 

15           engaging with anybody that you would convene.  

16           Count me -- I'll be there.

17                  SENATOR JACKSON:  Thank you, 

18           Chancellor.

19                  And then the state allocates money 

20           yearly for reimbursing private school 

21           tuitions for higher-need students with severe 

22           developmental and intellectual disabilities 

23           from public schools that cannot be served.  

24           The slow reimbursement process has had many 


                                                                   287

 1           schools on the verge of closing their doors.  

 2           Will you commit to addressing the slow 

 3           release of funds to schools supporting 

 4           families that cannot be served by DOE?

 5                  And I know, you know, based on 

 6           everything that I know, your response will be 

 7           to -- it's yes, is that correct?

 8                  NYC DOE CHANCELLOR BANKS:  Yeah, my 

 9           response is yes, I'm going to do everything I 

10           can.  That's part of what I said earlier, 

11           that that system has been broken 

12           fundamentally.  And I'm going to do 

13           everything I can to try and fix it.  And the 

14           issue you raise is one of the biggest parts 

15           around how it is in fact broken.

16                  SENATOR JACKSON:  Thank you, 

17           Chancellor.  I have two more questions, but 

18           my time is up.

19                  CHAIRWOMAN KRUEGER:  Nope.  Sorry, 

20           your time is up, Robert Jackson, and I'm 

21           passing it back to the Assembly.  

22                  CHAIRWOMAN WEINSTEIN:  We go to 

23           Assemblywoman Rozic now.

24                  ASSEMBLYWOMAN ROZIC:  Thank you so 


                                                                   288

 1           much, Chancellor, for being here.  I really 

 2           appreciate you being accessible.  I respect 

 3           your expansive experience and especially your 

 4           authenticity.

 5                  As you know, I represent Districts 25 

 6           and 26 in Eastern Queens.  I loved your shout 

 7           out to Hillcrest High School and Thomas 

 8           Edison.  I went to Townsend Harris High 

 9           School, not so far down Parsons Boulevard.  

10           And I sincerely appreciate your commitment to 

11           restoring what works, as a pillar.  I think 

12           that's really important to do that.

13                  And I have a specific question about 

14           restoring an essential program in my 

15           district.  The Townsend Harris High 

16           School-Queens College Bridge Program is a 

17           34-year program that places seniors in a 

18           year-long humanities course, along with two 

19           elective classes at Queens College.  It 

20           allows students to experience a portion of 

21           their senior year in a college setting and 

22           earn 12 free credits.  This is crucial for a 

23           school where a majority of the students are 

24           economically disadvantaged.


                                                                   289

 1                  I'm a product of this program, so we 

 2           know that it works.  But thousands of others 

 3           have gone through it as well.  The 

 4           perspective administration ended the contract 

 5           for one reason or another -- I'm not sure -- 

 6           but prior to that, it was renewed every five 

 7           years in five-year increments.  Last year -- 

 8           or I guess this year it's continued without 

 9           DOE's financial support after the school 

10           pooled its internal funding.  And the 

11           State Legislature, through the leadership of 

12           Chair Weinstein, provided emergency school 

13           aid.

14                  The school will be unable to sustain 

15           the program beyond this year.  Would you 

16           commit to restoring the program and the 

17           contract?

18                  NYC DOE CHANCELLOR BANKS:  I will 

19           certainly commit to meeting with you to 

20           discuss it in further detail.  I would like 

21           to do that sooner rather than later, so I 

22           learn more about it, what it actually is.  It 

23           sounds like an amazing program.  Why it went 

24           away I have no idea, other than the fact that 


                                                                   290

 1           I know politically, when you get a new mayor, 

 2           you get a new chancellor, a lot of times the 

 3           baby gets thrown out with the bathwater.  

 4                  That's one of the reasons why the 

 5           mayor and I have said that we are committed 

 6           to what works, whether we created it or not.  

 7           If it's good programming for kids and 

 8           families, we want to continue good 

 9           programming.  And so that's what our 

10           commitment is toward.  

11                  But the specifics on this individual 

12           program, love to learn more.  It probably 

13           goes without saying to my staff, but I'm sure 

14           they're keeping a record of all of these 

15           requests, because it is my intention to get 

16           back to you timely, to follow up, and I want 

17           to talk to you directly so I understand a 

18           little bit more about what it is, and perhaps 

19           even do a visit and walk it with you so I can 

20           even learn more deeply about the success of 

21           the program.

22                  ASSEMBLYWOMAN ROZIC:  We'll have you 

23           anytime.  Thanks.

24                  NYC DOE CHANCELLOR BANKS:  I look 


                                                                   291

 1           forward to it.  Thank you again.  

 2                  And, you know, you mentioned Hillcrest 

 3           High School.  I'm going to visit Hillcrest 

 4           High School tomorrow morning, where I 

 5           graduated from, the Class of 1980.  I have 

 6           not stepped foot back in that building in 

 7           42 years.  I'm terribly excited to go back.

 8                  ASSEMBLYWOMAN ROZIC:  Well, we love to 

 9           have you in Queens, so --

10                  NYC DOE CHANCELLOR BANKS:  Thank you.

11                  ASSEMBLYWOMAN ROZIC:  Thank you.

12                  CHAIRWOMAN WEINSTEIN:  So we go back 

13           to the Senate.  

14                  CHAIRWOMAN KRUEGER:  Thank you very 

15           much.  

16                  And we are joined by 

17           Senator Gounardes.

18                  SENATOR GOUNARDES:  Thank you, 

19           Chair Krueger.  

20                  Hello, Chancellor Banks.  Good to see 

21           you again.

22                  NYC DOE CHANCELLOR BANKS:  Good to see 

23           you as well.

24                  SENATOR GOUNARDES:  You know, with all 


                                                                   292

 1           this talk of high school, I'd just be remiss 

 2           to say, you know, Fort Hamilton High School 

 3           in Bay Ridge, where not only our Attorney 

 4           General and Treasury Secretary but yours 

 5           truly also graduated from -- phenomenal  

 6           educational institution.  

 7                  I have two questions.  Number one, you 

 8           spoke quite a bit about mental health in some 

 9           of your earlier exchanges with other members, 

10           and I know this has been a big focus, 

11           especially in the pandemic.  We're talking 

12           about money being allocated to mental health, 

13           counselors, social workers, et cetera.  

14                  I'd like to drill down with you a 

15           little bit more about specific training to 

16           address about student suicides.  It's an 

17           issue that I think it doesn't -- it probably 

18           gets caught up in the larger mental health 

19           space.  I had a family in my district whose 

20           child unfortunately took their own life, from 

21           a public school.  

22                  It seems like, from the little I've 

23           been able to kind of piece together, there's 

24           some inconsistency in terms of the types of 


                                                                   293

 1           support services and trainings we offer to 

 2           faculty, to staff, to administrators 

 3           specifically around identifying suicide 

 4           awareness and trying to intervene in those 

 5           instances.  So this goes beyond just general 

 6           trauma training and general mental health 

 7           awareness.  

 8                  I don't know if you have any thoughts 

 9           or things you can say about that 

10           specifically, but I'd love to spend some more 

11           time with you after this hearing as well to 

12           drill down on student suicide prevention, 

13           which I think is a very important problem.

14                  NYC DOE CHANCELLOR BANKS:  I would 

15           love to follow up with you more and learn 

16           more about that as well.  

17                  You know, that's a critically 

18           important issue, and not one that I've had a 

19           lot of experience with.  You know, over my 

20           years as being a principal in the school 

21           system, I actually had one of the students -- 

22           I still think about it, in a way.  But we 

23           have a picture and plaque of him up still at 

24           the Eagle Academy.  And I never saw it 


                                                                   294

 1           coming.  I never saw it coming.

 2                  And so a level of training that raises 

 3           awareness on those signs are critically 

 4           important.  And I believe we've got people 

 5           here at the DOE who are activated in that 

 6           space.  So I want to take some time to learn 

 7           a little bit more myself and would love to 

 8           meet with you and discuss it in more detail.

 9                  SENATOR GOUNARDES:  Great.  And I 

10           think your reaction is exactly the reaction 

11           that many of us have.  We never see it 

12           coming.  But the science and the research 

13           actually shows that we can see it coming in a 

14           lot of ways, we're just not trained and 

15           conditioned to spot those things.  So we 

16           should definitely talk more about it.

17                  I want to switch gears a little bit.  

18           There was a lot of discussion with the 

19           previous panelist about the issues with the 

20           New York City special education.  You touched 

21           on special ed briefly in your comments as 

22           well.  

23                  One of the big challenges that we have 

24           with families in my district is they are 


                                                                   295

 1           waiting years to get their reimbursements 

 2           from the city.  I'm talking two, three, four 

 3           years.  I have one family that is in personal 

 4           debt, $400,000, because they have not gotten 

 5           responses from the city three and a half 

 6           years going in terms of what they are owed by 

 7           the DOE for their child's special ed 

 8           placement.  

 9                  So you've inherited a mess.  I'm not 

10           going to hold you accountable to that right 

11           now.  But to have a working family have to 

12           take out personal loans, nearly $400,000, 

13           just to be able to provide for their child's 

14           individualized education is a crime.  And I 

15           hope and I earnestly hope that we can 

16           actually make some headway here, because no 

17           family should have to live through that type 

18           of trauma.

19                  NYC DOE CHANCELLOR BANKS:  That's 

20           right.  I completely agree.  And this is one 

21           of the priorities that we have here.  Walking 

22           in the door, I was told that this system was 

23           kind of broken top to bottom.  And so it's 

24           got to be fully revamped.


                                                                   296

 1                  My goal is that, you know, parents 

 2           ought not have to go out and take major loans 

 3           to get the services that they need.  That we 

 4           should be in a position, as the Department of 

 5           Education, to be in front of that curve and 

 6           to be able to do the proper assessment up 

 7           front and then to be able to provide those 

 8           services.

 9                  And in the cases where we can't and 

10           we've got to make, you know, supplemental 

11           payments to help and support, people 

12           shouldn't have to wait years in order to do 

13           that.  So that's -- those are just the 

14           vestiges of a broken system, and it's going 

15           to take us a little while to get out in front 

16           of it, but the signal has already been given 

17           here that this is a priority of mine.  And 

18           I've heard it from so many people, various 

19           aspects of the special education initiative.

20                  So for anybody that has more 

21           questions, just please know I'm working on 

22           it, I'm doing the best that I can.  It's 

23           going to take a little while to get out in 

24           front of it.  But that's what we intend to 


                                                                   297

 1           do.

 2                  SENATOR GOUNARDES:  Thank you very 

 3           much, Chancellor.

 4                  CHAIRWOMAN KRUEGER:  Thank you, 

 5           Chancellor.  Thank you, Senator.

 6                  Assembly, back to you. 

 7                  CHAIRWOMAN WEINSTEIN:  We are going 

 8           next to Assemblywoman Bichotte Hermelyn.  

 9                  Are you here now?  

10                  ASSEMBLYWOMAN BICHOTTE HERMELYN:  Yes, 

11           I am.

12                  CHAIRWOMAN WEINSTEIN:  Okay.

13                  ASSEMBLYWOMAN BICHOTTE HERMELYN:  

14           Great.  Thank you so much.  

15                  Thank you, Chancellor Banks, for being 

16           here.  I'm really excited to see you, and 

17           thank you --

18                  NYC DOE CHANCELLOR BANKS:  Thank you, 

19           Assemblyperson.  Good to see you as well.

20                  ASSEMBLYWOMAN BICHOTTE HERMELYN:  And 

21           thank you for your testimony and being here 

22           answering all these questions.  

23                  You know, we all know your commitment 

24           in building and growing and investing in our 


                                                                   298

 1           children's future.  I like that you're 

 2           expanding community schools, which is very 

 3           important, with all the wraparound services 

 4           that are needed in our community.  Also 

 5           reinstating and expanding Gifted and Talent 

 6           is very important to me as well.

 7                  I know you talk about Brownsville and 

 8           East New York, but don't forget Flatbush.  

 9           Flatbush is the highest Caribbean Black 

10           immigrant population, and we have a lot of 

11           English language learners, with {inaudible} 

12           and Haitian Creole being the top language 

13           spoken.  And we have a high poverty level as 

14           well.

15                  My question -- I have two questions.  

16           The question is about childcare.  Childcare 

17           is a major priority for the city's recovery, 

18           and the mayor has mentioned that this is a 

19           priority for his administration.  Has the 

20           Department of Education developed any plans 

21           for expanding access to childcare?  That's 

22           question number one.

23                  And question number two is around 

24           MWBE.  As you know, the Department of 


                                                                   299

 1           Education has one of the largest procurement 

 2           budgets for minority and women-owned business 

 3           enterprises to certainly take advantage of.  

 4           However, the threshold is very low.  We've 

 5           spent a lot of time passing bills, landmark 

 6           bills that would help lift those barriers, 

 7           but we're feeling that DOE is still putting 

 8           some barriers there that's not allowing MWBEs 

 9           to get their fair share of government 

10           contracts.  So childcare.

11                  NYC DOE CHANCELLOR BANKS:  Yup.  So 

12           let me start with the second one first.  That 

13           is a big priority of ours.  You know, MWBEs 

14           in a -- DOE has a $38 million budget when you 

15           include all the pensions and everything else.  

16           Six percent of what we do in spending goes to 

17           MWBEs.  Just on its face, that's a shame.  In 

18           fact, the amount of funding that is spent 

19           with Black-owned businesses is less than 

20           1 percent.  

21                  And so when you think about that, in a 

22           system with so many Black and brown children, 

23           but contracted dollars do not go to Black and 

24           brown businesses.  And what we have found is 


                                                                   300

 1           that there are some systematic things that 

 2           are happening here that prevent that from 

 3           happening.  And I know you have all seen it 

 4           as well, through your leadership.

 5                  And so I have appointed a chief 

 6           diversity officer here whose primary focus is 

 7           going to be about uncovering why that is and 

 8           helping to implement change in the system.  

 9           And so, again, stay tuned for that.  We've 

10           made that a priority of our work and our 

11           administration.  

12                  And secondly, the issue around 

13           childcare.  I'm going to ask that they would 

14           unmute Dan Weisberg.  Dan is our first deputy 

15           chancellor and has his hand on a whole host 

16           of key issues for me, and spent some time 

17           here at the DOE before, several years, when 

18           Joel Klein was the chancellor, and I'm 

19           thrilled to have him here as my first deputy 

20           chancellor.

21                  Dan, if you could speak to the issue 

22           around childcare that the Assemblymember 

23           raised.

24                  FIRST DEP. CHANCELLOR WEISBERG:  


                                                                   301

 1           Absolutely.  Thank you so much, Chancellor.

 2                  Thank you, Assemblymember.  This is 

 3           obviously --

 4                  CHAIRWOMAN KRUEGER:  Dan?

 5                  FIRST DEP. CHANCELLOR WEISBERG:  Yes, 

 6           ma'am.

 7                  CHAIRWOMAN KRUEGER:  Dan, just because 

 8           the clock is out, I'm going to actually ask 

 9           you to chat with the Assemblymember offline 

10           or hope that somebody else will ask you the 

11           same question, because I think there are a 

12           lot of people who do want to hear the answer.

13                  FIRST DEP. CHANCELLOR WEISBERG:  Yes, 

14           Madam Chair.

15                  CHAIRWOMAN KRUEGER:  But I've got to 

16           be the bad guy with the clock, sorry.  

17                  And I'm going to call Senator Joe 

18           Addabbo next.  (No response.)  

19                  Are you there with us, Joe?  See, it's 

20           always when they've just disappeared on you.

21                  SENATOR ADDABBO:  There we go.  Hello, 

22           everyone.

23                  CHAIRWOMAN KRUEGER:  There you go.  

24           All right.


                                                                   302

 1                  SENATOR ADDABBO:  Madam Chair, thank 

 2           you very much.  I want to thank all my 

 3           colleagues in both houses, obviously, for 

 4           their time.  

 5                  And Chancellor, again, thank you very 

 6           much.  And I do apologize because I'm trying 

 7           to juggle here.  But again, I want to thank 

 8           you and I look forward to working with you.  

 9           And I want to echo the sentiments of my 

10           colleagues.  

11                  I do have to apologize if I did miss 

12           this, because in your initial testimony you 

13           mentioned about career readiness.  And I 

14           think just in the throes of the pandemic, as 

15           you look at a post-pandemic era, you know, 

16           looking at jobs, you're going to have to 

17           train individuals to have careers.  So I am 

18           really interested in the budgetary process as 

19           it relates to possibly career opportunities 

20           in education, so technical education.  If you 

21           can expand on that.  And again, I apologize 

22           if it's already been touched on, but expand 

23           on technical education opportunities.

24                  NYC DOE CHANCELLOR BANKS:  Well, I 


                                                                   303

 1           appreciate that, Senator.  Thank you so much.  

 2           And it's very timely.  I didn't delve into 

 3           it, I just kind of mentioned it.  So this 

 4           gives me a different opportunity.  

 5                  This is going to be a north star for 

 6           this administration.  Creating more career 

 7           and technical education opportunities, more 

 8           pathways to career success, is going to be a 

 9           hallmark of our work here.  We are graduating 

10           far too many of our kids who graduate with a 

11           high school diploma and don't know how to do 

12           a lot of stuff.  They don't have industry 

13           certifications where they can go right into 

14           the workforce if they choose.  And all the 

15           studies show us that if you provide those 

16           opportunities for kids when they're in high 

17           school, even those who go to college do 

18           better in college.  

19                  And we have a little feedback; I'm not 

20           sure where that's coming from.  But I hope 

21           everybody can hear me.

22                  CHAIRWOMAN KRUEGER:  If everyone would 

23           mute other than Joe Addabbo and the 

24           chancellor.


                                                                   304

 1                  NYC DOE CHANCELLOR BANKS:  So I know 

 2           the clock is running, so I'll keep going.

 3                  So just -- and we intend to engage 

 4           corporate partners, philanthropists in this 

 5           space as well.  This is going to be a very 

 6           big deal.  You will hear the mayor making a 

 7           major announcement about this in the coming 

 8           months as we get geared up for the next 

 9           school year.  It is going to have 

10           implications not just for our kids but for 

11           our teachers as well.  

12                  For far too many of our teachers, they 

13           don't have a clear enough understanding of 

14           the workforce opportunities that we're 

15           supposed to be preparing our kids for.  Many 

16           of them don't know what it means to work at 

17           Google or Microsoft or anything.  And so 

18           we're looking at professional development 

19           opportunities for our teachers as well.  I 

20           think it will be very exciting for them.  As 

21           smart and as hardworking as our teachers are, 

22           this is an opportunity for them to expand 

23           their experiences so they can reinforce 

24           what's happening in our schools.


                                                                   305

 1                  I mentioned that I visited Thomas 

 2           Edison High School out in Queens.  There's 

 3           P-TECH in Brooklyn.  There are so many 

 4           amazing places.  And so even if there are not 

 5           more career and technical schools, which 

 6           there will be, we want to bring more career 

 7           and technical education experiences and 

 8           opportunities to many more of our schools so 

 9           our kids understand why they're going to 

10           school in the first place.  

11                  I like to say, Senator, that my job is 

12           to make sure that when they graduate, they 

13           can get off of Mommy and Daddy's payroll and 

14           take steps on a pathway to the middle class.  

15           That's what our schools ought to be 

16           producing.  

17                  That is what the corporate leaders are 

18           pleading with us -- they say, Give us kids 

19           who graduate from these schools in New York 

20           City who we can employ, who have an 

21           employable skill set and a real 

22           post-secondary plan.  We've not done nearly 

23           as good a job in doing that.  I intend to 

24           change that.


                                                                   306

 1                  CHAIRWOMAN KRUEGER:  Thank you very 

 2           much.

 3                  And Assemblymember Weinstein has asked 

 4           me to continue on her behalf with the 

 5           Assembly call-out, and the next 

 6           Assemblyperson is Yuh-Line Niou.

 7                  Hi, Yuh-Line.

 8                  ASSEMBLYWOMAN NIOU:  Hi.  Hi, Liz.

 9                  Thank you, Chancellor, for taking the 

10           time today to be with all of us.  I know that 

11           I love going after Senator Jackson or 

12           Senator John Liu because they ask all of the 

13           questions I want to ask in quick succession.

14                  So I'm going to just follow up with a  

15           couple of things.  I wanted to talk a little 

16           bit about the segregation within some of our 

17           schools and our school districts.  And, you 

18           know, we have seen that school choice is 

19           often affected by after-school programming in 

20           some of our schools.  You know, title schools 

21           have after-school programs.

22                  Is there -- would you support 

23           universal after-school?

24                  NYC DOE CHANCELLOR BANKS:  Well, 


                                                                   307

 1           listen.  Conceptually I absolutely support 

 2           it.  But we're going to look at -- we're 

 3           going to look at the budget more deeply and 

 4           see where we can make it happen.  Whether or 

 5           not we'll be able to do that for every single 

 6           school across the entire system, I'm not sure 

 7           just yet.  

 8                  But that was a huge part of the 

 9           success of the work that I did before I came 

10           here.  And I recognized it for what it means 

11           and the importance that it can have and the 

12           difference it can make in the lives of kids, 

13           and particularly in light of this pandemic, 

14           what we're dealing with.  So addressing 

15           learning loss, but beyond learning loss just 

16           the expansion of opportunities for our kids.

17                  So we're going to look at that very 

18           clearly.

19                  ASSEMBLYWOMAN NIOU:  I think it would 

20           very clearly help with the learning loss that 

21           we've experienced throughout the city during 

22           this pandemic.  Folks who have disabilities, 

23           people who, you know, have had a difficult 

24           time remote learning, I think it's very 


                                                                   308

 1           crucial.

 2                  We are also experiencing also a lot of 

 3           teacher and staff shortages.  What is your 

 4           plan for recruitment?  

 5                  And also I wanted to kind of also talk 

 6           really quickly about the fact that we have 

 7           had, you know, a very difficult time, you 

 8           know, with -- you mentioned that the students 

 9           walked out, staff walked out, teachers have 

10           walked out.  I just -- I wonder, you know, 

11           how you are responding to the concerns of our 

12           parents, teachers and students right now.

13                  NYC DOE CHANCELLOR BANKS:  Yeah.  

14           Yeah, yeah, yeah.  So two parts, right?

15                  So the teacher staffing issue, first 

16           of all, just in the short term, there have 

17           been real challenges in our staffing.  And 

18           since I've gotten here, I think we've been 

19           able to kind of hold the line.  We staffed up 

20           with -- you know, increased our sub pool for 

21           teachers, as well as paraprofessionals, 

22           enough which allowed us to continue to keep 

23           our schools open.  I'm very proud of all the 

24           work that went into doing that.  So that's 


                                                                   309

 1           one.

 2                  But I think in the larger perspective, 

 3           you know, we're hearing about lots of our 

 4           teachers who may be retiring.  A lot of 

 5           teachers are feeling a sense of burnout.  You 

 6           know, and my job really is to bring a level 

 7           of joy back to teaching.  And teachers who 

 8           came into this business because they really 

 9           love -- they love kids and they love to 

10           teach, and have found far too often that it's 

11           not fun anymore, that their hands were tied, 

12           that we spend so much time just preparing 

13           kids to take standardized exams.

14                  I mean, these are the things that the 

15           teachers say to me.  And that all the reasons 

16           why they wanted to be teachers, that the 

17           system has not fully supported that and 

18           helped to nurture that.  And I want it to 

19           change.  And so there's a lot of work that we 

20           have to do.

21                  And we've got to recruit more teachers 

22           and new teachers to come into the system, and 

23           we'll be working to do that as well.  I'm 

24           still getting my hands around a lot of these 


                                                                   310

 1           issues, and I think you'll see in the coming 

 2           days announcements that come from us that 

 3           speak to those kinds of issues.  So that was 

 4           the teacher recruitment.  

 5                  And the other one is about, you know, 

 6           the fears and concerns that people do have.  

 7           And they've been legitimate concerns.  And a 

 8           lot of those concerns really happen as a 

 9           result of, you know, what we see on a 

10           continual basis in the media.  But what I 

11           have found is what the science is telling 

12           us -- and we said we need to follow the 

13           science -- is that our kids are actually 

14           safer in schools.  

15                  It seems counterintuitive.  Right?  

16           "I'm concerned about this variant, I'm going 

17           to keep my child home."  Well, the data is 

18           telling us that your child is more 

19           susceptible to getting it if he stays home 

20           than if he or she actually comes to school.  

21           And I'm sure that has a lot to do with the 

22           fact that -- you know, all of the things that 

23           we've put in place to mitigate for this 

24           issue, from the masks to the -- all our 


                                                                   311

 1           teachers are vaccinated, to the air 

 2           purifiers.  

 3                  Because when parents say "I'm keeping 

 4           my child home," a lot of times they're not 

 5           just in the house all day, they're moving 

 6           around the apartment building that they may 

 7           be in, they've still got other people coming 

 8           and going and visiting.  Most of our students 

 9           who are diagnosed as positive, it didn't 

10           happen in school.  

11                  CHAIRWOMAN KRUEGER:  Chancellor, 

12           again, I have to cut you off, I'm sorry.

13                  NYC DOE CHANCELLOR BANKS:  I'm sorry.

14                  CHAIRWOMAN KRUEGER:  Keep one eye on 

15           that clock up there.

16                  NYC DOE CHANCELLOR BANKS:  I'm sorry, 

17           I didn't get a chance to fully answer the 

18           question.

19                  CHAIRWOMAN KRUEGER:  I know.  I know.  

20           This is a challenge to operate this way.

21                  Our next Senator is Senator Leroy 

22           Comrie.  Are you with us, Leroy?

23                  SENATOR COMRIE:  I am here.  Thank 

24           you.  Thank you, Madam Chair for making sure 


                                                                   312

 1           I was on time.  And I want to thank you and 

 2           the chairs for putting these hearings 

 3           together.  

 4                  And I want to congratulate and 

 5           acknowledge Chancellor Banks.  I want to 

 6           thank you for taking on this challenge, and I 

 7           want to do everything I can to make sure that 

 8           you're successful in your time and tenure as 

 9           chancellor.

10                  And I just wanted to just ask you a 

11           couple of questions regarding things that 

12           we've talked about over time.  I'll just get 

13           right to it.  

14                  Teacher attendance.  How are we doing 

15           with teacher attendance?  And what can we do 

16           to increase the levels of teacher attendance?  

17           Because you were just talking about that 

18           children are safer in the buildings, but are 

19           the teachers reflecting that in their 

20           attendance, and do they feel safe coming into 

21           the building?  

22                  NYC DOE CHANCELLOR BANKS:  You know 

23           what, I'm going to -- thank you so much for 

24           that, Senator.  And I appreciate the 


                                                                   313

 1           relationship that we've had over the many 

 2           years.  

 3                  Let me pitch that to our first deputy, 

 4           Dan Weisberg.  He's been staying on top of 

 5           those numbers, not only student attendance 

 6           but how we're doing with respect to our 

 7           teachers as well. 

 8                  Dan?

 9                  FIRST DEP. CHANCELLOR WEISBERG:  Thank 

10           you, Chancellor.  And good to see you, 

11           Senator.

12                  Just to give you a little bit of data, 

13           our teacher attendance at this point is just 

14           about back to where it typically is.  Now, as 

15           the chancellor said, we were dealing with 

16           some very significant staff shortages.  But 

17           just to give you a sense, it has dropped by 

18           about half.  

19                  The number of substitutes we needed 

20           has dropped by about half in the about last 

21           16 days or so.  And the requests we get for 

22           teacher subs is just about -- it's just a 

23           couple of percentage points higher than it 

24           was before Omicron.  So it was a very 


                                                                   314

 1           significant challenge for us in keeping the 

 2           schools open.  Teachers and principals and 

 3           support staff did an amazing, heroic job to 

 4           make that possible.  But we are back to close 

 5           to where we were before Omicron in terms of 

 6           staffing at this point.

 7                  SENATOR COMRIE:  Thank you.  And I 

 8           would want to follow up on that.

 9                  But I just -- my second question is 

10           wraparound programs.  You talked earlier 

11           about the fact that dyslexia is a real issue.  

12           But we also know that with a lot of our 

13           children, a lot of them have never been 

14           tested, their eyes have never been tested, 

15           their blood pressure's never been tested.  

16                  With wraparound programs, what are we 

17           going to do to not just test for dyslexia, 

18           but to make sure that all of our children, 

19           once they're entering the public school 

20           system, can get a thorough check for the 

21           basics to make sure that they can actually 

22           see, that they can hear, and that they are 

23           physically able to get through a class day?

24                  NYC DOE CHANCELLOR BANKS:  Absolutely.  


                                                                   315

 1           We're looking at that as -- not only looking 

 2           at that, we're engaging in that as we speak.  

 3           There are a whole host of screeners that will 

 4           cover multiple issues.  And so we've got a 

 5           team of folks here who are exploring all of 

 6           those right now.  

 7                  Our goal is as we go into the next 

 8           school year, Senator, to be able to have a 

 9           whole host of these things addressed, 

10           announced, and to begin the implementation 

11           on.  So that is certainly one.

12                  SENATOR COMRIE:  I look forward to 

13           working with you on both of those issues on 

14           -- with wraparound programs.

15                  And I just want to mention really 

16           quickly that school districts like 29, which 

17           has one of the longest commute times in the 

18           city, a la Staten Island, used to have 

19           mandatory after-school programs in each 

20           school.  And I want to see that happen in 

21           this budget.  

22                  And it used to happen back in -- back, 

23           you know, 10 years ago when I was 23.  But we 

24           need to make sure that it happens on a 


                                                                   316

 1           citywide basis for the longest commute times 

 2           in the city, where we can have our programs 

 3           in all of the schools that last until at 

 4           least 8 o'clock at night.  Some of the 

 5           schools need to be open late.

 6                  NYC DOE CHANCELLOR BANKS:  Senator, 

 7           I'm a big believer in --

 8                  CHAIRWOMAN KRUEGER:  I'm going to cut 

 9           you off before you even get to answer, 

10           Chancellor. 

11                  Although if Senator Leroy Comrie just 

12           said "10 years ago when I was 23," I think we 

13           should --

14                  (Overtalk.)

15                  SENATOR COMRIE:  Oh, you heard that?

16                  CHAIRWOMAN KRUEGER:  I did hear that.  

17           So thank you.

18                  Assembly.  

19                  CHAIRWOMAN WEINSTEIN:  Let's see that 

20           birth certificate.  

21                  (Laughter.)

22                  CHAIRWOMAN WEINSTEIN:  We go to 

23           Assemblywoman Dickens now.

24                  ASSEMBLYWOMAN DICKENS:  Thank you so 


                                                                   317

 1           much, Chair.  

 2                  And thank you so much, Chancellor, for 

 3           coming and reintroducing yourself.

 4                  As you know, I've been a strong 

 5           supporter of the Eagle Academy, and as such I 

 6           have -- my observation has been that part of 

 7           its success has been mentorship and a 

 8           standard learning curve by grade, neither of 

 9           which we really have in New York City 

10           schools.

11                  Do you think that that is true?  And 

12           if so, can it be implemented?  

13                  The second question is about the 

14           behavioral health crisis that our children 

15           are in.  It can't be overstated.  Families 

16           are facing challenging times and landscapes 

17           to access behavioral health services.  Is 

18           there going to be a line in the budget that 

19           will reinstitute and bring about behavioral 

20           health services that after this pandemic we 

21           need so bad?  

22                  NYC DOE CHANCELLOR BANKS:  Well, thank 

23           you so much.  And you know, you and I go back 

24           many, many years, and I appreciate your --


                                                                   318

 1                  ASSEMBLYWOMAN DICKENS:  Don't tell 

 2           them.  Don't tell them.

 3                  (Laughter.)

 4                  NYC DOE CHANCELLOR BANKS:  But I thank 

 5           you.  And yes, you know, we are going to be 

 6           committed to a very holistic level of support 

 7           for our kids, you know, from mentoring.  And 

 8           a lot of our teachers need continued training 

 9           into these behavioral supports.  

10                  But we're going to engage community 

11           organizations.  There are many community 

12           organizations that have been doing amazing 

13           work -- small ones, even, who have not 

14           received much in the way of support to expand 

15           on that work.  And those are the things that 

16           we're looking at as well.

17                  So we're going to be committed to 

18           getting these things right.  And part of the 

19           way in which we're going to do it is I intend 

20           to reorganize this Department of Education.  

21           And so you'll be hearing about how we're 

22           going to be doing business very differently 

23           here.  And the goal, the overarching goal is 

24           to streamline, essentially, and to ensure 


                                                                   319

 1           that we're pushing more of our resources 

 2           closer to where the action is.  And that's in 

 3           our schools, between our teachers and our 

 4           kids and our principals.  

 5                  So every move that I'm making here is 

 6           really about how to make sure that that is 

 7           where the resources are actually going.  We 

 8           will not transform the Department of 

 9           Education from the top down.  It won't 

10           happen.  We'll only play around on the 

11           margins.  If we're going to really reform it 

12           and transform it -- which is why I'm here -- 

13           it is going to happen from the bottom up.  

14           And so all the efforts that I'm making are 

15           meant to do that.

16                  ASSEMBLYWOMAN DICKENS:  Pardon me, 

17           Chancellor, but does that include the 

18           behavioral health services that are badly 

19           needed?  

20                  NYC DOE CHANCELLOR BANKS:  That's 

21           exactly what I'm trying to get at.  

22           Absolutely, that's right.  Yup.

23                  And so what that means is I'm not 

24           necessarily saying I'm going to pick one 


                                                                   320

 1           organization and say we're going to do this 

 2           for every school across the city.  The best 

 3           ideas of how to address even the behavioral 

 4           issues come from the schools themselves.  

 5           They're the ones that know the kids best.  

 6           And our job here is to provide the resources 

 7           and the supports for them to make that 

 8           happen.

 9                  So that is one of many issues that are 

10           going to be part of the new way in which 

11           we're moving.

12                  ASSEMBLYWOMAN DICKENS:  Thank you.  My 

13           time is up.  And thank you so much, 

14           Chancellor.

15                  NYC DOE CHANCELLOR BANKS:  Thank you.  

16                  CHAIRWOMAN WEINSTEIN:  Back to the 

17           Senate then.

18                  CHAIRWOMAN KRUEGER:  Thank you very 

19           much.  

20                  And our next Senator is Diane Savino.

21                  SENATOR SAVINO:  Thank you, Senator 

22           Krueger.

23                  Chancellor Banks, good to see you.  

24           Congratulations on your new role.  I am 


                                                                   321

 1           incredibly pleased by your choice as 

 2           chancellor.  I'm happy to see the team you're 

 3           putting together.  I'm thrilled that you've 

 4           brought on board the team that's with you and 

 5           you've also brought on board former 

 6           Councilman Mark Treyger, the chair of the 

 7           Education Committee.  He will be an 

 8           invaluable asset to the team.  As you know, 

 9           he was instrumental in making sure that there 

10           will be a social worker in every school as 

11           the city rolls them out.  That will be part 

12           of the mental health services.  

13                  I'm not going to ask you to repeat a 

14           lot of the things that you've already been 

15           asked.  Your commitment to reforming the DOE 

16           from the bottom up I think is incredibly 

17           important, because we all know we spend an 

18           extraordinary amount of money and it's not 

19           all finding its way to the classroom and to 

20           the children.  So I think it's really 

21           important that we do a deep dive.

22                  I want to plug a couple of things.  

23           You're going to hear later from the UFT.  

24           There are two models I think that have been 


                                                                   322

 1           really important in helping children:  The 

 2           community learning schools and the Positive 

 3           Learning Collaborative.  In certain schools 

 4           they are incredibly important in helping 

 5           reform some of the student behavioral 

 6           problems.  

 7                  So let's work with them, they work.  

 8           Community learning schools have been 

 9           game-changing just the way the Eagle Academy 

10           has been for young men on Staten Island.

11                  And I want to talk a little bit about 

12           something that I think Assemblywoman Rodneyse 

13           Bichotte Hermelyn talked about, early 

14           childhood.  

15                  Where are we with the expansion of 

16           3-K?  UPK has been amazing, the 3-K would 

17           help close the gap for access to childcare 

18           for a lot of parents.  Where are we with 

19           that?

20                  NYC DOE CHANCELLOR BANKS:  Well, first 

21           of all, I just named a new deputy chancellor 

22           in charge of early childhood education.  

23           That's exactly what they're looking at right 

24           now.  That's also an area that is in need of 


                                                                   323

 1           very significant change, and that's why I 

 2           brought her here, to help us to do that.

 3                  But the expansion of UPK is one that 

 4           we're looking at.  We know it's an expensive 

 5           proposition, that's for sure, but it's one 

 6           that we're looking at.  And certainly 

 7           hopefully in the coming weeks I'll have a lot 

 8           more information to say than I'm just looking 

 9           into these things.

10                  SENATOR SAVINO:  Thank you.

11                  NYC DOE CHANCELLOR BANKS:  But again, 

12           I've just gotten here for a very short period 

13           of time.  But it is on our agenda.

14                  SENATOR SAVINO:  And finally, on the 

15           issue of the extension of school governance, 

16           I support the four-year extension.  I don't 

17           think we should be holding it hostage the way 

18           it's been done in the past.

19                  However, one issue does come up every 

20           time we consider the extension of mayoral 

21           control.  It is parental involvement.  

22           Parents don't feel that they have sufficient 

23           input into the way the New York City school 

24           system operates.  So I would strongly urge 


                                                                   324

 1           that we find a way to expand parental 

 2           involvement, whether it's through the Panel 

 3           for Educational Policy, whether it's more 

 4           through the CECs, or just listening to 

 5           parents.  They have been through a lot.

 6                  I don't -- you know, I sometimes say I 

 7           am my own constituent.  I don't have any 

 8           children, but I hear from parents all the 

 9           time that they don't feel that they have a 

10           say in their children's education in as 

11           meaningful a way as they would like.

12                  NYC DOE CHANCELLOR BANKS:  I agree.  I 

13           agree.

14                  SENATOR SAVINO:  I'd take that to 

15           heart.

16                  NYC DOE CHANCELLOR BANKS:  I am taking 

17           it to heart, and I intend to move on that.  I 

18           certainly don't expect the people to say that 

19           while I'm here.  I'm not going to make policy 

20           decisions unless parents are involved and 

21           engaged.  I don't want to be the one that 

22           says I made a decision, now we're going to 

23           have a community tour to find out what 

24           parents think, after you've already made the 


                                                                   325

 1           decision.  That's not what we're going to do 

 2           here.

 3                  SENATOR SAVINO:  Thank you.  And good 

 4           luck.

 5                  NYC DOE CHANCELLOR BANKS:  Thank you.

 6                  CHAIRWOMAN KRUEGER:  Assembly.  

 7                  CHAIRWOMAN WEINSTEIN:  Yes, we go to 

 8           Assemblyman Kim, Ron Kim now.

 9                  (No response.)

10                  CHAIRWOMAN WEINSTEIN:  Ron, are you 

11           here?  Why don't we skip him, then, for the 

12           moment.  

13                  I see Jo Anne Simon, who is next.  why 

14           don't you go now, Jo Anne, while we find Ron.

15                  ASSEMBLYWOMAN SIMON:  Okay, great.

16                  Well, thank you, Chancellor.  

17           Hopefully you will not be here as long as the 

18           state commissioner.  We hope.  But thank you, 

19           and best of luck.  I'm looking forward to 

20           working with you closely.

21                  NYC DOE CHANCELLOR BANKS:  Thank you.

22                  ASSEMBLYWOMAN SIMON:  You know, I read 

23           your testimony and I noticed you testified 

24           about the four pillars to improving our 


                                                                   326

 1           school system, and I would say among those 

 2           needs to be the five pillars of reading.  As 

 3           a former president of New York's Dyslexia 

 4           Association and a special educator myself, 

 5           this is very important.  I was a teacher of 

 6           the deaf, which is a very low-incidence 

 7           disability.  Dyslexia, as you know, is much 

 8           more high-incidence.  But it really goes to 

 9           the way we teach our teachers how to teach 

10           reading.

11                  NYC DOE CHANCELLOR BANKS:  That's 

12           right.

13                  ASSEMBLYWOMAN SIMON:  The ability of 

14           our teachers to even know what it is that 

15           they're looking at when students are 

16           struggling, and the fact that we're missing 

17           so many students.  I just passed today my 

18           bill to screen people who are going into 

19           institutions -- incarceration institutions, 

20           for reading.  And hopefully we'll get that 

21           through the Senate.

22                  I would love to chat with you at some 

23           point about some conversations I had with 

24           Frank Macchiarola, who was the chancellor 


                                                                   327

 1           when the Education for All Handicapped 

 2           Children Act was passed in 1975, about how it 

 3           is they messed it up.  So I think that might 

 4           be helpful to you in looking at repairing the 

 5           special education system.

 6                  I want to -- I'm very glad to hear 

 7           about your talking about changing of teaching 

 8           kids how to read.  And I want to know how 

 9           you're planning to use the influx of funding 

10           to ensure that every classroom is using a 

11           literacy curriculum that's culturally 

12           responsive and grounded in the science of 

13           reading.  

14                  So I ask that question, but I also 

15           want to just point out to you that there is a 

16           charter school for kids with dyslexia in 

17           Staten Island that I helped them get going a 

18           few years ago, and it's a charter school 

19           because DOE would not allow them to do a 

20           regular public school.  But it's a great 

21           school, so I encourage you to take a look at 

22           that.

23                  And also, in your career and technical 

24           education, visit the Harbor School.  It's a 


                                                                   328

 1           great model as well.

 2                  NYC DOE CHANCELLOR BANKS:  Well, let 

 3           me just say on a couple of fronts, with your 

 4           last point, the Harbor School, I have 

 5           visited, I will go visit them again.  They're 

 6           part of the Urban Assembly network of 

 7           schools.  I was the original Urban Assembly 

 8           principal at the school -- the Bronx School 

 9           for Law, Government and Justice.  I know the 

10           folks there, I know their leadership, and I 

11           know the great work that they do.  I totally 

12           agree with you.

13                  More fundamentally, the notion of the 

14           science of reading is something that we're 

15           looking at in a very significant way.  That 

16           will be a huge part of what we do.  And it 

17           should have been written into my pillars, 

18           because it's part of how I see the 

19           reimagining of the school experience, what we 

20           call Bright Starts.  If you don't have the 

21           bright start, it's difficult to have the bold 

22           future.  

23                  And there's a reason why the mayor 

24           says 65 percent of Black and brown kids never 


                                                                   329

 1           achieve proficiency in the Department of 

 2           Education.  That's because fundamentally the 

 3           way we are teaching our kids to read is 

 4           fundamentally flawed.  And so they get behind 

 5           from the very beginning, and they never catch 

 6           up.

 7                  And so I would love to continue the 

 8           conversation.  I'd love to come and visit 

 9           with you and learn so much from you.  You 

10           know, Frank Macchiarola was one of my heroes 

11           as well.  And I appreciate you invoking his 

12           name and all the great work that he did, even 

13           when he sat in this seat.  

14                  And so thank you, and we're going to 

15           continue to press forward in making sure that 

16           our kids know how to read by no later than 

17           the third grade.  If we don't do that, 

18           everything else will just -- it's an uphill 

19           battle.

20                  CHAIRWOMAN WEINSTEIN:  Thank you.

21                  ASSEMBLYWOMAN SIMON:  Can I just 

22           invite you to Dyslexia Awareness Day at the 

23           Capitol, May 10th.  You're welcome to join 

24           us.  Thank you.


                                                                   330

 1                  NYC DOE CHANCELLOR BANKS:  I'd love 

 2           to.  Love to.

 3                  CHAIRWOMAN WEINSTEIN:  Thank you, 

 4           Chancellor.

 5                  We go now to Rebecca Seawright.  

 6           Assemblywoman?

 7                  Oh, wait, I'm sorry -- do you have --

 8                  CHAIRWOMAN KRUEGER:  No, that's okay.  

 9           I'll just be left.  Sorry.

10                  CHAIRWOMAN WEINSTEIN:  I didn't 

11           realize you still had a Senator.  So why 

12           don't we go to the Senate.

13                  CHAIRWOMAN KRUEGER:  Thank you.

14                  Hi, Chancellor.  We already had a 

15           chance to chat the other night.

16                  I just wanted to follow through on a 

17           question that was asked by an Assemblywoman 

18           earlier and you were going to have Dan 

19           Weisberg answer, and I had to rudely cut him 

20           off before he could give us the answer.  So 

21           can we rewind and let me use a little of my 

22           time to let him explain what you were going 

23           to ask him to explain.

24                  FIRST DEP. CHANCELLOR WEISBERG:  Yeah, 


                                                                   331

 1           I'm happy to, Madam Chair.  And I believe 

 2           that we were talking childcare and 3-K.

 3                  CHAIRWOMAN KRUEGER:  Yes.

 4                  FIRST DEP. CHANCELLOR WEISBERG:  And 

 5           as the chancellor said, as the mayor has 

 6           said, this is a huge priority for us.  And it 

 7           is an interagency priority, I just want to 

 8           point out.  One of the mandates for the mayor 

 9           and the chancellor is to do a really good job 

10           of coordinating between agencies.  So we 

11           certainly don't want to pretend that the 

12           Department of Education is solely leading in 

13           this area, but we certainly do have an 

14           important role in 3-K.  

15                  And as I think probably everybody 

16           appearing knows, we've opened about 

17           45,000 3-K seats.  There are 3-K seats in 

18           every district.  And that's a really big 

19           accomplishment, but it is not universal as 

20           yet.  And so one of the things we are 

21           grappling with now is how to create a 

22           universal and sustainable, financially 

23           sustainable program and a program -- as the 

24           chancellor said, we're working now with our 


                                                                   332

 1           brand-new colleague, the deputy chancellor 

 2           for early childhood education, Dr. Kara 

 3           Ahmed, who is terrific.  I hope you get a 

 4           chance to meet with her as well -- but how to 

 5           not just create a financially sustainable 

 6           model but a model that is universally high 

 7           quality, in a system where, as all of you 

 8           know, we have many different providers.

 9                  And so we don't have that plan for you 

10           here, but please be assured that we've got a 

11           working group on that.  We will be absolutely 

12           engaging, as the chancellor says, with all 

13           the community advocates and members and 

14           stakeholders on this, to figure out how to do 

15           this quickly but also to do it in a 

16           sustainable and high-quality --

17                  CHAIRWOMAN KRUEGER:  And I applaud 

18           this goal, and I just want to emphasize how 

19           important I think it is that we don't get 

20           siloed into Department of Education is doing 

21           this, and the daycare world is over there 

22           doing that.  Because what we found even with 

23           pre-K rolled out is that we actually lost 

24           daycare centers and the workers all moved to 


                                                                   333

 1           SED because you were paying more -- and I'm 

 2           always happy to see people being paid more 

 3           and getting more training to be better 

 4           educators.  But especially as we move 3-K and 

 5           we recognize that families need to have 

 6           full-day programs otherwise it doesn't meet 

 7           their need for quality childcare while they 

 8           go to work, we really need not to get caught 

 9           up in I'm the schools and I do this over 

10           here, you know, and you overlap with ACS over 

11           there or you might overlap with HRA over 

12           there if your childcare is being paid that 

13           way.  And I know my Senate colleagues and I 

14           are very interested in exploring universal 

15           childcare models, and they have to be blended 

16           without any kind of siloing.

17                  So I'm glad you have someone new 

18           coming on, Chancellor, to specialize in this, 

19           but I just urge you to coordinate citywide 

20           with everybody else who has a piece, so to 

21           speak, of early childcare.

22                  NYC DOE CHANCELLOR BANKS:  Yes.  We 

23           will.

24                  CHAIRWOMAN KRUEGER:  So that you're 


                                                                   334

 1           not competing with each other, ironically, 

 2           for the same funds, the same kids, the same 

 3           teachers when everybody just wants a seamless 

 4           system that will work for them. 

 5                  You talked about, Chancellor, how the 

 6           schools are the safest place and that's what 

 7           families are learning.  And yet I get issues 

 8           raised all the time still from parents that 

 9           their schools don't have the proper masks in 

10           child sizes for the kids when they come to 

11           school.  And that even though the city did 

12           seem to spend a healthy amount of money on 

13           air purifiers, a bunch of them weren't even 

14           HEPA-filtered air purifiers.  

15                  So I'm wondering whether you are 

16           looking at whether the city perhaps didn't 

17           get the right equipment or are making sure 

18           that we've actually got the safer 

19           environments that we're promising parents.

20                  NYC DOE CHANCELLOR BANKS:  That's a 

21           great point.  And the person who's leading 

22           that effort for us, if you'd unmute him, is 

23           Kevin Moran.  He's our lead here on all of 

24           our operations work.  


                                                                   335

 1                  Kevin, if you could please respond to 

 2           that inquiry.

 3                  CHIEF SCHOOL OPS OFFICER MORAN:  

 4           Absolutely.  And thank you, Senator.  

 5                  I do want to echo a previous point on 

 6           your previously testimony about Commissioner 

 7           Bray.  It was -- one of the first calls I got 

 8           leading into the school reopening process the 

 9           weekend before January 3rd was from Jackie, 

10           to ensure that we had the test kits that we 

11           needed to reopen and stay open.  Since then, 

12           myself and my team were on loading docks for 

13           three straight weeks, Saturdays, Sundays, New 

14           Year's Eve, New Year's Day.  We got 7 million 

15           kits out to schools.  And I thank her, and I 

16           thank our team, interagency team at DCAS, 

17           here, OEM and other partners here in the 

18           city.  

19                  As relates to the HEPA nomenclature, 

20           we have air purifiers in every single 

21           classroom.  We have two, as the chancellor 

22           stated previously.  But these units exceed 

23           the HEPA rating.  And I want to be clear, it 

24           may be nomenclature, but I'm happy to meet 


                                                                   336

 1           with you offline and kind of go through the 

 2           product specs and all of the evaluative 

 3           measures that went into those products and 

 4           why we chose them.  

 5                  For the duration of the pandemic, the 

 6           end of December, beginning of January aside, 

 7           our schools stayed less than 1 percent 

 8           positive in terms of infections.  So they 

 9           were exceedingly safe.

10                  As it relates to the last 28 days, you 

11           saw the city at 31 percent positivity, and 

12           the last seven days it's 12 percent 

13           positivity in our schools.  Actually the 

14           seven days citywide was 12, and the last 

15           seven days was 2.4 in our schools.  

16                  And so the schools have always stayed 

17           less than.  You know, we hit a peak in the 

18           beginning of January, on the 10th, where we 

19           had 14,000 cases called into our sit room.  

20           As of last night, it was 1,752 cases.  So we 

21           did hit the Omicron surge.  It hit my family, 

22           as I've got public school kids that got it, 

23           myself, a former public school teacher, had 

24           gotten it.  But, you know, the city has 


                                                                   337

 1           bounced back.  We are in safe environments.  

 2           The KN95 masks, we distributed 2 million of 

 3           those.  They are invaluable to schools.  

 4           Custodians have a 30-day supply.  

 5                  K95 and N95, the most restrictive 

 6           masks, do limit the amount of infectious 

 7           aerosols that could get in, but they're also 

 8           form-fitted.  And they require a bit of due 

 9           diligence, and so tolerability is at issue 

10           here, and if it fits perfectly over the nose, 

11           bent on the cheeks, so that it is 

12           form-fitted.  

13                  We are looking with schools -- we do 

14           have kid-size surgical masks, which they 

15           certainly could double if necessary.  Or if 

16           parents want the K95 -- again, more 

17           restrictive -- we can provide that to them.  

18           And we'll look to see if any school has a 

19           sizing issue; we can follow up directly with 

20           the school.  But if you have any, happy to 

21           follow up.

22                  CHAIRWOMAN KRUEGER:  Thank you very 

23           much.  I'm going to give back my minutes.

24                  Assemblywoman Weinstein.


                                                                   338

 1                  CHAIRWOMAN WEINSTEIN:  Yes.  So now we 

 2           will go to Assemblywoman Seawright.

 3                  ASSEMBLYWOMAN SEAWRIGHT:  Thank you, 

 4           Chairwoman.

 5                  Chancellor, I've watched in the past 

 6           your success with the Eagle Academy and the 

 7           mentoring program.  So my question, from your 

 8           experience, you know, it can be indeed 

 9           essential for children to have access to 

10           monitoring.  Given the vast talents of our 

11           CUNY and SUNY college students and our 

12           private college students, what could we do to 

13           ramp up our mentor/mentee programs beyond the 

14           teacher education programs that currently 

15           exist?  

16                  NYC DOE CHANCELLOR BANKS:  That's a 

17           great, great question.  I understand there 

18           are some efforts that have already been done 

19           in that space, in the relationship with CUNY.  

20           And so we're going to look at how we can 

21           expand on that.  

22                  Some of it has been done through the 

23           My Brother's Keeper initiative that's been 

24           here.  But even beyond MBK, just helping all 


                                                                   339

 1           of our kids, right, to be able to have some 

 2           college students who can intercede in their 

 3           lives and help point them in the right 

 4           direction, it's been a huge part of the 

 5           success that we've had, and it's a big part 

 6           of what I intend to do.  And scaling up that 

 7           initiative is something that we could do 

 8           across the system.  

 9                  So, you know, I spent so much of my 

10           time, as I got here, just really focused on 

11           COVID and keeping the schools open.  We're 

12           just now starting to be able to really lean 

13           into the bigger vision of why we're here and 

14           what we really want to try and do.  So I 

15           think you'll continue to hear more about 

16           those efforts in the coming days and weeks.

17                  ASSEMBLYWOMAN SEAWRIGHT:  It looks 

18           like I have a little bit of time left.  Thank 

19           you.  I just have one quick question.

20                  How is attendance being recorded 

21           during COVID for middle and high school 

22           students since there's not a remote option?

23                  NYC DOE CHANCELLOR BANKS:  Dan can 

24           probably speak to that.  He stays on top of 


                                                                   340

 1           all of that attendance stuff on a daily 

 2           basis.  Dan?

 3                  FIRST DEP. CHANCELLOR WEISBERG:  Yes, 

 4           thanks, Chancellor.  And thanks, 

 5           Assemblywoman.  

 6                  We are taking attendance in our 

 7           schools, in our middle and high schools, the 

 8           same methods as pre-pandemic.  Some have 

 9           online systems that are digital systems they 

10           use.  Some are still doing it with bubble 

11           sheets and so forth.  They get recorded at 

12           the school level.

13                  We do, just to point out, for students 

14           who have to be at home because they test 

15           positive and are participating remotely, they 

16           can be marked present.  There is a code for 

17           that.  I don't know if that's where your 

18           question was going, Assemblymember, but that 

19           does exist.

20                  ASSEMBLYWOMAN SEAWRIGHT:  Thank you.

21                  NYC DOE CHANCELLOR BANKS:  Thank you.

22                  CHAIRWOMAN WEINSTEIN:  Back to the 

23           Senate.

24                  CHAIRWOMAN KRUEGER:  Thank you.  


                                                                   341

 1                  Senator John Liu for a three-minute 

 2           second round.

 3                  SENATOR LIU:  Three?  I thought it was 

 4           five.

 5                  CHAIRWOMAN KRUEGER:  Nope, three 

 6           minutes.  Talk fast.

 7                  SENATOR LIU:  Thank you, Madam Chair.  

 8           I better not waste any more time.

 9                  Chancellor Banks, see, I told you it 

10           was going to be a good party.

11                  (Laughter.)

12                  SENATOR LIU:  You know, in the three 

13           minutes or less that I have with you, I want 

14           to talk a little bit about some choices you 

15           made in the past.  Good choices, in my 

16           opinion.  Like a quarter century ago, you 

17           started a school which then became a series 

18           of schools, the famed Eagle Academies.  

19                  And I believe you started it because 

20           you saw that the public school system was 

21           failing a lot of the kids, particularly young 

22           Black men in communities throughout the city.  

23           And so you started this academy, and it has 

24           proven to be a tremendous success.  


                                                                   342

 1                  The choice that I want to ask you 

 2           about, though, is that, you know, we have 

 3           lots of charter schools who claim that public 

 4           schools are failing kids, particularly in 

 5           Black and brown communities, and therefore 

 6           there have to be more charter schools.  But 

 7           my recollection is that you specifically 

 8           chose not to pursue the charter school route.

 9                  Is there anything you can talk about 

10           to guide us in our decisions going forward?

11                  NYC DOE CHANCELLOR BANKS:  So, first 

12           of all, Eagle Academy was started by -- 

13           together with myself and the 100 Black Men 

14           organization.  It's an organization that was 

15           started by people like former Mayor David 

16           Dinkins and Congressman Charlie Rangel.  They 

17           started it almost 60 years ago.  

18                  And probably the most important effort 

19           that they've ever undertaken was the creation 

20           of the Eagle Academies, to really respond to 

21           the needs of so many young men of color who 

22           find themselves all too often just hopeless 

23           and feeling like they're in a system that 

24           doesn't care about them.  And we showed up to 


                                                                   343

 1           say that we care and we're going to help you 

 2           get to the finish line.  

 3                  And I'm very, very proud of the work 

 4           that we've done.  Still a long way to go, but 

 5           very proud of the work that we've done. 

 6                  With respect to the reason why, you 

 7           know, at the high school level charter 

 8           schools really only represent I think a 

 9           little more than 2 percent of the schools 

10           that we have.  And yet -- and we said if -- 

11           we wanted to make sure and to demonstrate 

12           that you can have innovation, creativity in 

13           the traditional public school system.  It was 

14           not a knock on charter schools, it was simply 

15           to say that at the end of the day most of our 

16           students are still going to traditional 

17           public schools.  

18                  So if we're not lifting up models 

19           within the traditional public school system, 

20           we're missing the point.  We cannot charter 

21           our way out of this educational morass.  We 

22           cannot.

23                  And so I am not against charter 

24           schools.  You know, the mayor and I are all 


                                                                   344

 1           about scaling excellence wherever it happens 

 2           to be.  That's what we are all about.  But 

 3           when we made the decision to create Eagle, we 

 4           made it intentionally because we wanted to 

 5           show that you could make a difference with an 

 6           innovative model that's a traditional public 

 7           school.  And that's what we've done.

 8                  SENATOR LIU:  Very interesting.  Thank 

 9           you so much, Mr. Chancellor.  

10                  And thank you, Madam Chair.

11                  CHAIRWOMAN KRUEGER:  Thank you.

12                  Assembly.  

13                  CHAIRWOMAN WEINSTEIN:  We go to 

14           Assemblywoman Hyndman first.

15                  ASSEMBLYWOMAN HYNDMAN:  Thank you, 

16           Chair Weinstein.

17                  Chancellor Banks, it's really good to 

18           see you in this role.

19                  NYC DOE CHANCELLOR BANKS:  Good to see 

20           you.

21                  ASSEMBLYWOMAN HYNDMAN:  It's been a 

22           long journey from Southeast Queens, and look 

23           where we both are.  And -- {inaudible}

24                  (Laughter.)


                                                                   345

 1                  NYC DOE CHANCELLOR BANKS:  That's 

 2           right.

 3                  ASSEMBLYWOMAN HYNDMAN:  So I 

 4           understand -- you know, when I came into 

 5           public schools, all I knew was the Bloomberg 

 6           model and mayoral control, and so I really -- 

 7           it has a lot to do with who's in office.  

 8                  And the pledge that you and 

 9           Mayor Adams have made about community first 

10           and working from the ground up really 

11           resonates with a lot of the constituents in 

12           Southeast Queens.  We have a lot of community 

13           orgs that are really poised to make sure that 

14           we realize that the education of the whole 

15           child involves all of us.  So thank you for 

16           that.

17                  I understand that you are now 

18           reinterviewing superintendents.  I think 

19           that's commendable.  Because as you've said, 

20           you've had all the jobs, from school safety 

21           to where you are now, and a real perspective 

22           of what you're looking for for the 

23           superintendents to lead our schools.

24                  So to that question, is there 


                                                                   346

 1           consideration of downsizing some of the 

 2           administrative staff?  And I'm specifically 

 3           talking about the creation that the former 

 4           chancellor made -- not Chancellor Porter, but 

 5           the creation of the executive 

 6           superintendents.  The view from a lot of us 

 7           is that we could really use some of those 

 8           monies and some more leadership in our 

 9           districts, as opposed to it being top down.  

10           What is the conversation around that?

11                  And also when it comes to the ECF fund 

12           for the building of additional school sites, 

13           is that something that any of your deputies 

14           are siting for new school sites and working 

15           especially in some of our more crowded Queens 

16           communities, working with ECF to build 

17           schools, especially in those overcrowded 

18           areas that we have in Queens?  

19                  Thank you.

20                  NYC DOE CHANCELLOR BANKS:  Well, I 

21           certainly appreciate you and thank you for 

22           your support over the many years.  And I'm 

23           absolutely a proud product of District 29 and 

24           Southeast Queens.  So thank you for that.


                                                                   347

 1                  So I would say that what I am 

 2           committed to -- and there have been some 

 3           things that have been reported in the papers 

 4           that I have not formally announced.  But what 

 5           I am committed to is to streamlining the 

 6           Department of Education with an emphasis on 

 7           ensuring that the funds and the resources get 

 8           to where they are needed most, and that is in 

 9           our schools.  That is what I'm committed to.

10                  You will be hearing more about my 

11           plans to do just that.  Again, in the coming 

12           days and weeks there will be significant 

13           announcements that will be made by me, there 

14           will be other announcements that will be 

15           jointly made between the mayor and myself. 

16           But just know that that's where we're going, 

17           is to a place that will provide a level of 

18           efficiency and to demonstrate our priorities 

19           through streamlined services and effective 

20           communication for our parents and our 

21           families.

22                  CHAIRWOMAN WEINSTEIN:  Thank you.

23                  We now go to Assemblywoman Jackson.

24                  ASSEMBLYWOMAN JACKSON:  Good 


                                                                   348

 1           afternoon, Chancellor.  I just want to say 

 2           thank you for coming to my district at the 

 3           beginning of the year as you started your new 

 4           term.  We visited Concourse Village 

 5           Elementary.  

 6                  I guess you are aware that I want to 

 7           plug CTE schools.  Academy for Careers in 

 8           Television and Film, that is a school that I 

 9           was a social worker in.  CTE schools work.  

10           community schools work.  Okay?  I just want 

11           to say that CS 55 is a community school and 

12           is doing amazing work in the Bronx.

13                  And just so you know, your former 

14           school is also in my district -- Law, 

15           Government and Justice -- so please come with 

16           me to visit and we'll make sure to make a 

17           great impact on those students.

18                  NYC DOE CHANCELLOR BANKS:  Yes.

19                  ASSEMBLYWOMAN JACKSON:  I know you 

20           know that Black male teachers make a 

21           difference.  And I just want to know from you 

22           how are we getting more male teachers, Black 

23           male teachers, into our schools, working with 

24           our young people?  And what are we doing 


                                                                   349

 1           about financial literacy?  

 2                  So those are my two things.  Oh, and I 

 3           know that you have your superintendents and 

 4           your executive superintendents reapplying, 

 5           but I have to say that executive 

 6           Superintendent Tobias does an amazing job in 

 7           the Bronx and the families are very 

 8           appreciative -- myself included -- are very 

 9           appreciative of the work that she has done.  

10           So I just want to say that.

11                  But financial literacy and Black male 

12           teachers.

13                  (Laughter.)

14                  NYC DOE CHANCELLOR BANKS:  I 

15           appreciate that, Assemblymember.  Appreciate 

16           you and would love to go and visit my 

17           original school where I was a principal.  The 

18           Bronx School for Law, Government and Justice 

19           is near and dear to my heart.  Let's do that 

20           together.  So we'll get that on the calendar.

21                  And when we visited Concourse Village, 

22           we also visited P17X, which is a District 75 

23           school.  And they were extremely happy 

24           because they said that they're generally 


                                                                   350

 1           overlooked.  And in this administration we 

 2           want to make sure that they're not 

 3           overlooked.  And so I want to continue to 

 4           make sure that we lift them up as well.

 5                  Part of this whole reimagining of how 

 6           we want to do school is about financial 

 7           literacy.  It's about making sure that our 

 8           kids understand what the world of work looks 

 9           like, how they can take care of themselves.  

10           We should be ashamed if we're graduating kids 

11           who don't even know how to open up a bank 

12           account.  You know, we should be ashamed if 

13           we're graduating kids who -- and we're giving 

14           them a high school diploma from public 

15           schools and they have no idea what a State 

16           Senator does or an Assemblyperson does.  And 

17           I will tell you, most of our students have no 

18           clue.

19                  And yet we've made, in New York City, 

20           an over $300,000 investment, from the time 

21           they were in pre-K all the way through 12th 

22           grade.  They don't have skills to get a job 

23           and step into industry, which is crying out 

24           for them.  Many of them -- many who we send 


                                                                   351

 1           to college come back home within a year or 

 2           two and don't even have the college degree to 

 3           pay off the debt that they've accumulated.  

 4           They're not actively engaged as citizens.  We 

 5           lament the fact that all across America so 

 6           many Americans don't even get engaged and 

 7           vote, they don't take their rightful place in 

 8           this American society.

 9                  And I am a firm believer that that is 

10           because we don't -- we don't build that 

11           muscle in the pre-K to 12 space.  There 

12           should be student government in every single 

13           school -- every elementary, middle and high 

14           school.  If we want to have standardization 

15           in our schools, we should at least make sure 

16           that every one of our kids goes to one of 

17           your town halls before they graduate, to 

18           understand what it is that you do.

19                  How does government work, and how does 

20           it affect their lives?  I'm not talking about 

21           just a civics class, I'm talking about civic 

22           experiences that make a difference, workforce 

23           opportunities that make a difference.  

24           Otherwise what we're doing is we're playing 


                                                                   352

 1           around at school.  And we send kids to school 

 2           and when it's all said and done, they don't 

 3           know a whole lot.  

 4                  I'm committed to doing much better in 

 5           that space.  That's the reason I came here.  

 6           I didn't come here to play around to just be 

 7           the chancellor.  I came here to try to help 

 8           kids have a much more meaningful impact and 

 9           experience in school so they understand why 

10           do they go to school in the first place.  

11                  There's a reason why so many of our 

12           kids are disengaged, because we're not 

13           providing them with the right school 

14           experience that makes school meaningful and 

15           relevant in their lives.  And that's on us.  

16           And I'm putting that on me.  But I'm going to 

17           need all of you to help me to create a 

18           brand-new school experience for our kids.  

19           Otherwise we can just continue to play around 

20           in the margins, we get the math scores to go 

21           up a couple of points, ELA scores to go up a 

22           couple of points.  

23                  But that's not what I'm talking about.  

24           I'm talking about a transformational school 


                                                                   353

 1           experience where young people come out very 

 2           different and can take their rightful place 

 3           in society.  That's what I'm committed to.

 4                  CHAIRWOMAN WEINSTEIN:  Thank you, 

 5           Chancellor.  We have one last Assemblymember, 

 6           because it's almost time for -- or past 

 7           dismissal time.  We have Mike Reilly, 

 8           Assemblyman Mike Reilly will be the last 

 9           questioner here.

10                  NYC DOE CHANCELLOR BANKS:  My new 

11           friend.

12                  ASSEMBLYMAN REILLY:  Thank you, Madam 

13           Chair.  

14                  Chancellor, great to see you again.  

15           It was a pleasure to talk to you earlier in 

16           the week.

17                  I actually -- I wanted to talk about 

18           some of the things that we were just 

19           discussing by the other members.  We 

20           mentioned behavioral health.  And we had this 

21           conversation, but I wanted to once again put 

22           it on the radar about the OORS system, the 

23           Online Occurrence Reporting System, and the 

24           ability or the lack thereof of when students 


                                                                   354

 1           move from elementary school to middle school 

 2           to high school, where the administrators and 

 3           the teachers in that new school don't have 

 4           the information that they can give the 

 5           supports for.  So we're able to have that 

 6           monitoring where we can offer the supports.  

 7                  And I want to be clear, this isn't 

 8           for -- necessarily for discipline actions, 

 9           this is for us to provide supports for those 

10           students who need it.  And that gap I think 

11           sometimes leaves too much open there, and 

12           that's where we might miss something where we 

13           could have offered that support.

14                  So I'm hoping that -- you know, in the 

15           prior administration I mentioned it as well.  

16           But, you know, I'm very confident in our 

17           conversations, and hearing my fellow 

18           colleagues here talk about it, I think this 

19           is a chance where we can close that gap.

20                  NYC DOE CHANCELLOR BANKS:  I 

21           appreciate that.  And based on the 

22           conversation we had a few days ago, I'm going 

23           to follow up on it -- we're already following 

24           up on those things and we're going to get 


                                                                   355

 1           back to you on that.

 2                  But I just want to more 

 3           comprehensively as well, Assemblyperson, 

 4           here's where I'm trying to go.  I want to 

 5           create a very different experience -- we 

 6           spend a lot of time talking about attendance.  

 7           We spend a lot of time talking about 

 8           disciplinary issues and how are we going to 

 9           respond.  If you create a very different 

10           school experience for kids and teachers, it' 

11           transforming.  You don't have to spend so 

12           much time and money on attendance issues.  

13           You don't have to chase kids down and get 

14           them to come to school.  They'll be running 

15           to school.

16                  But if we continue to do what we do, 

17           which I call the routinization of school, if 

18           you sit next to an average middle school kid 

19           or a high school kid and say, What are you 

20           working on?, they say:  I'm doing my work.  

21           "Doing my work" is code for I don't know, 

22           none of this stuff is impactful.  I'm just 

23           going through the routine because I have to.  

24           I'm supposed to go to school and I've got 


                                                                   356

 1           to -- the teachers say I'm supposed to follow 

 2           the assignments.  I have no idea what this 

 3           means, I have no idea where it's supposed to 

 4           lead, I have no idea why I'm doing it, but 

 5           I'm just trying to be a good kid and do what 

 6           I'm told.  I want to --

 7                  ASSEMBLYMAN REILLY:  You set them 

 8           busywork.

 9                  NYC DOE CHANCELLOR BANKS:  Yeah, I 

10           want to create a different experience.  I 

11           want kids to know about the possibilities for 

12           themselves.  And they see -- if the kids get 

13           a chance for it, it becomes an "aha" moment.  

14           And if they know why they're going to school, 

15           they move very differently.

16                  That's where I'm trying to go.  And 

17           I'm going to look to engage all of you in 

18           helping us to do that.

19                  ASSEMBLYMAN REILLY:  I love the point 

20           that you made about showing the students, you 

21           know, how to write a check, things like that, 

22           knowing their government -- you know, so many 

23           adults don't even know the representatives 

24           and what they do at the state level, city 


                                                                   357

 1           level and federal level.

 2                  One thing I was thinking about as you 

 3           were talking about that --

 4                  NYC DOE CHANCELLOR BANKS:  You're 

 5           muted.  You muted yourself.

 6                  CHAIRWOMAN WEINSTEIN:  You muted, and 

 7           we didn't do it.

 8                  ASSEMBLYMAN REILLY:  Okay.  Thank you.  

 9           Thank you.

10                  CHAIRWOMAN WEINSTEIN:  Okay --

11                  NYC DOE CHANCELLOR BANKS:  I 

12           appreciate you, Assemblyman.  Thank you.

13                  CHAIRWOMAN WEINSTEIN:  Time is up.

14                  So, Chancellor, I want to thank you on 

15           behalf of Senator Krueger, myself, and all of 

16           the colleagues for the time you've been able 

17           to spend with us today.  We know this is just 

18           part of the beginning or a continuation of 

19           the communications that we're going to have, 

20           working together to make sure our schools are 

21           the best -- the city schools are the best 

22           they can be.

23                  NYC DOE CHANCELLOR BANKS:  Thank you. 

24                  CHAIRWOMAN WEINSTEIN:  Thank you for 


                                                                   358

 1           being here.  

 2                  And for members, we are going to go to 

 3           our third witness for today.  We're going to 

 4           go to Panel A:  The United Federation of 

 5           Teachers, UFT, Michael Mulgrew is here, and 

 6           New York State United Teachers, NYSUT, 

 7           Andrew Pallotta, president, is here.  Michael 

 8           we all know is the president of the UFT.

 9                  So, gentlemen, I know you've been 

10           briefed, but it's been a while, so just if we 

11           can -- we've had your testimony, it was 

12           circulated to the members.  If we can have 

13           you do a short presentation, three minutes, 

14           and then we will move on to the members, many 

15           of whom have questions they'd like to -- and 

16           issues to discuss with you.

17                  So Michael, if you want to begin.

18                  PRESIDENT MULGREW:  Do you want me to 

19           start, or Andy?

20                  CHAIRWOMAN WEINSTEIN:  Well, you 

21           decide.  Which one of you wants to go?

22                  PRESIDENT PALLOTTA:  I'll start.

23                  Thank you, Michael.

24                  CHAIRWOMAN WEINSTEIN:  Okay.


                                                                   359

 1                  PRESIDENT PALLOTTA:  Thank you and 

 2           good afternoon, almost good evening.  So 

 3           Chairperson Krueger, Chairperson Weinstein, 

 4           honorable members of the Legislature and 

 5           distinguished staff, I'm Andy Pallotta, 

 6           president of New York State United Teachers.  

 7           thank you for the opportunity to testify 

 8           before you today.  My written testimony, you 

 9           have it, and it details NYSUT's priorities 

10           for this year and our response to the 

11           Executive Budget.

12                  With my short time today I will 

13           discuss what schools truly need.  We had a 

14           NYSUT Future Forward Task Force last summer 

15           to explore how to support our schools, our 

16           public schools, and keep them as the center 

17           of every community.  We heard stories from 

18           the folks that were on this task force of how 

19           A-plus students withered under the stress of 

20           remote learning.  How our youngest students 

21           struggled to grasp the skills needed for 

22           in-person learning.  How mental health 

23           professionals, burdened by the heavy load of 

24           so many folks in their responsibility areas, 


                                                                   360

 1           didn't have the capacity to do any proactive 

 2           work necessary during this crisis.

 3                  We also heard about long-standing 

 4           issues.  Too many students coming to school 

 5           hungry but aren't eligible for school meals.  

 6           We heard about families with the stigma of 

 7           having to apply for meal assistance.  Some 

 8           older siblings juggled the academics with the 

 9           family responsibilities.  And of course 

10           everyone looking at the looming threat of 

11           receivership and the overemphasis on flawed 

12           standardized testing that drives some schools 

13           to excess over boosting test scores rather 

14           than students' needs.

15                  But we also heard many stories of 

16           hope.  And this is the first year that I've 

17           been testifying where we don't have a dark 

18           cloud over us.  I want to thank you for the 

19           work you did to begin the phase-in of the 

20           Foundation Aid formula.  And this year we 

21           need to further do transformation for our 

22           schools.  We dedicate funding to expand the 

23           number of community schools, and that is 

24           crucial.  We need new laws to set minimum 


                                                                   361

 1           staffing levels so there's a social worker, a 

 2           school psychologist, a counselor, a nurse in 

 3           every school.  We heard that earlier this 

 4           morning from Commissioner Rosa.  

 5                  We want funding, funding to support 

 6           prospective teachers, particularly teachers 

 7           of color.  And let's return to the joy of 

 8           learning by repealing that receivership and 

 9           removing the punitive consequences of the 

10           standardized tests.

11                  I just want to be on record with one 

12           more ask this year:  To help us make sure 

13           that all school staff, from teachers to 

14           nurses to bus drivers, receive the respect 

15           that they deserve.  It's been a hard two 

16           years -- and, as we all know, a hard decade 

17           before that.  But our educators do what they 

18           do best, and of course respect is more than 

19           just saying thank you; we have some real 

20           solutions.  So I think we can all agree they 

21           have earned it.

22                  With that, I'll turn it over to 

23           Michael Mulgrew.

24                  PRESIDENT MULGREW:  Well, thank you, 


                                                                   362

 1           Andy.  And excuse me if there's a little 

 2           noise in the background.

 3                  (Ongoing dog barking.)

 4                  CHAIRWOMAN WEINSTEIN:  No problem.

 5                  PRESIDENT MULGREW:  I want to thank 

 6           you all, first and foremost, for supporting 

 7           us throughout these last two years.  It's 

 8           been very difficult, to say the least.  And I 

 9           want to again applaud all the school 

10           communities -- the staff, the teachers, the 

11           guidance counselors and all the phenomenal 

12           work they have done in New York City.  We 

13           have led the way on how to keep schools safe.

14                  But as we're hopefully getting to the 

15           end of this pandemic, we know that there's 

16           been -- an untold amount of damage has been 

17           done, not just to the adults but, more 

18           importantly, to all of the students in our 

19           school system.  We applaud what the Executive 

20           has put forth in terms of funding for our 

21           schools because we need it.  We need a lot of 

22           funding because there's a lot of work now 

23           that has to be done, more than ever before.  

24                  Support -- and as you heard Andrew 


                                                                   363

 1           Pallotta say, nurses, guidance counselors, 

 2           social workers in every school would 

 3           absolutely be something that would be pivotal 

 4           to help us in what we're dealing with at this 

 5           moment.

 6                  In terms of our programs, United 

 7           Community Schools and Teacher Centers, I want 

 8           to thank the members of both the Assembly and 

 9           the Senate who have been going to the 

10           community schools of the United Federation of 

11           Teachers, as well as the Teacher Centers.  

12           Let's just say every year we talk about 

13           Teacher Centers, but now actually seeing what 

14           is going on in so many of our schools I think 

15           is so important for the Legislature to 

16           understand that this is a pivotal role that 

17           gets played inside of our schools.

18                  Career and Technical Education.  I 

19           know now in all of the conversations I've had 

20           with both the Governor and both houses of the 

21           Legislature, it is time for New York State to 

22           really put together a comprehensive, holistic 

23           plan on how to do economic development, 

24           workforce development and career and 


                                                                   364

 1           technical education.  And we look forward to 

 2           doing those things.

 3                  On charter schools, all I'm going to 

 4           say is can we please finally have some 

 5           transparency and equity.  That's what we've 

 6           been asking for for years.  Enough of the 

 7           game playing.  Many of the school districts, 

 8           with the formula that was passed years ago, 

 9           are about to get slammed in terms of aid that 

10           will be taken away from the public schools 

11           and given to the charter schools.

12                  Mayoral control, I know I'm going to 

13           get asked this question.  The position of 

14           this union is very simple:  We do not support 

15           going back to school boards.  We do support 

16           mayoral control, but not the version we have.  

17           I think it is clear now that we have 

18           irrefutable evidence that a system that gives 

19           absolute power leads to bad results for the 

20           children.  And we've seen this over and over, 

21           this is not new for us.  We've been doing our 

22           testimony up here for years, telling you all 

23           the same thing.  

24                  And parents have continually -- no 


                                                                   365

 1           matter how many promises have been made, 

 2           every year in this testimony the parents of 

 3           New York City have been cut out.  They do not 

 4           have a voice.  Yet every year we hear about 

 5           these promises.

 6                  But overall it really has to be about 

 7           what we've all been trying to do is getting 

 8           through this pandemic.  And the money that is 

 9           sent from you needs to get to the schools.  

10           The money needs to get to the classroom.  I 

11           cannot emphasize this enough.  You do your 

12           jobs and you send money to the school 

13           districts, and I know you want to make sure 

14           that that money actually lands up inside of 

15           classrooms, inside of school buildings.  

16           That's where the funding should be.  That's 

17           where the work happens.

18                  So I look forward with working with 

19           all three branches of our New York State 

20           government this year in the legislative 

21           process.

22                  CHAIRWOMAN WEINSTEIN:  Thank you.

23                  So we're going to go for questions 

24           first to our Education chair, Assemblyman 


                                                                   366

 1           Benedetto.  There he is.  Three minutes.

 2                  ASSEMBLYMAN BENEDETTO:  Gentlemen, 

 3           thank you very much for being here.  

 4           Certainly we appreciate it.  And 

 5           congratulations to you, and more so to your 

 6           members, okay, for what they've done over 

 7           these last years.  They have performed 

 8           underneath very difficult circumstances, and 

 9           it's truly appreciated by the Assembly.  And 

10           we acknowledge everything they've done.

11                  Just quickly, a couple of questions.  

12           A lot of talk has been given over the last 

13           several years about diversity in education 

14           and diversity of teaching.  Can you both just 

15           speak on that, and what have your unions done 

16           to actually help that along?

17                  PRESIDENT MULGREW:  Andy, you can 

18           start.

19                  PRESIDENT PALLOTTA:  Okay.  So at 

20           NYSUT we have a fantastic program called Take 

21           a Look at Teaching, where we encourage our 

22           locals around the state to grow their own -- 

23           so having students that are already in the 

24           schools get interested in teaching, and bring 


                                                                   367

 1           them in.

 2                  I was recently in Yonkers and the 

 3           superintendent brought us to classrooms in a 

 4           local high school, and almost every teacher 

 5           that he introduced us to was from Yonkers.  

 6           Right?  Even the principal was from Yonkers 

 7           and had gone through the system.  So we see 

 8           it around the state.  

 9                  We're also talking about the residency 

10           programs, just trying to encourage folks to 

11           get into the profession -- it is a great 

12           profession.  We know that the alternative 

13           teacher certification programs can also help.  

14           So there are a lot of ways of doing this.

15                  A friend of mine who was a 

16           paraprofessional in the Bronx for many years 

17           just became a teacher.  It took a long time.  

18           The classes were not available to him in the 

19           school that he was going to, so it took a 

20           long time.  We would love to see ways of 

21           making that happen faster.

22                  And a lot of the folks that were in 

23           here were diverse, they were from diverse 

24           backgrounds, and it was encouraging to see 


                                                                   368

 1           that.

 2                  ASSEMBLYMAN BENEDETTO:  Thank you very 

 3           much, Mr. Pallotta.

 4                  I only have a few seconds left.  Very 

 5           quickly, I have a lot of confidence in you 

 6           guys and in your teachers and so on.  You 

 7           know the law in the State of New York.  I 

 8           presume the teachers know the law in the 

 9           State of New York.  Do your teachers teach 

10           what is written in the law?

11                  PRESIDENT MULGREW:  In terms of the 

12           curriculum?

13                  ASSEMBLYMAN BENEDETTO:  In terms of 

14           the curriculum, sure.  And what should be 

15           taught in the schools.

16                  PRESIDENT MULGREW:  In the curriculum 

17           that the school supplies them, New York City 

18           has been teaching cultural awareness, 

19           cultural sensitivity for years.  We didn't 

20           need a political movement.  We take great 

21           pride in the fact that we are the most 

22           diverse school system in the entire country, 

23           we believe probably in the entire world.

24                  And the way to engage students is to 


                                                                   369

 1           actually engage them in what they know, which 

 2           is their culture.  And that means a lot of 

 3           training for the teachers, and we have had no 

 4           issues whatsoever in terms of getting our 

 5           teachers open to all sorts of different 

 6           training.  And these are programs we have 

 7           been doing for years.  As well as --

 8                  ASSEMBLYMAN BENEDETTO:  Mr. Mulgrew, 

 9           thank you.  That's basically what I wanted to 

10           know.

11                  PRESIDENT MULGREW:  Thank you.

12                  ASSEMBLYMAN BENEDETTO:  Thank you.

13                  CHAIRWOMAN WEINSTEIN:  Thank you.  

14                  We're going to go to the Senate.  

15           Senator Krueger?

16                  CHAIRWOMAN KRUEGER:  Thank you very 

17           much, and good afternoon, gentlemen.

18                  We're going to start with Senator 

19           Shelley Mayer, the chair of our Education 

20           Committee.

21                  SENATOR MAYER:  Thank you both for 

22           being here, and thank you to your members.  

23           And I hope you convey I think the collective 

24           sense of all of us in the Legislature that in 


                                                                   370

 1           an incredible time, they have really done 

 2           extraordinarily well.  I'm glad you talked 

 3           about respect.  And I'm hopeful with this 

 4           Governor we're going to see increased respect 

 5           for all in the school world.

 6                  One question for you, Mr. Mulgrew.  

 7           You made the point, and I think we share it, 

 8           that the money we fought for needs to get to 

 9           the classroom.  We tried to build in some 

10           accounting mechanisms, both for Foundation 

11           Aid and for American Rescue Plan.  Frankly, I 

12           don't think we got quite as good as we 

13           wanted.

14                  What would be your proposal to make us 

15           have some confidence that all this money we 

16           fought for is actually getting into a 

17           classroom?

18                  PRESIDENT MULGREW:  It's a tough -- 

19           it's tough because usually when the state 

20           sends the money they like to send the money 

21           in a block to the school district.  It's more 

22           difficult to send it to specifically target 

23           for program.  But if you target for program, 

24           then you can -- it's much easier to audit to 


                                                                   371

 1           see that the money was actually being used 

 2           for what you -- what the intent, when you 

 3           voted for the budget, is.

 4                  And that's really the way this 

 5           thing -- that's a better way to do it.  It's 

 6           more difficult where the school district will 

 7           always say, Just send us the money.  

 8                  But at the same time, and especially 

 9           here in New York City, we see billions of 

10           dollars -- and I'm very happy with the new 

11           mayor and the new chancellor saying enough is 

12           enough, the money has to get into the 

13           classroom.  So what we're looking forward to 

14           is to seeing the more we can do with that, 

15           and the better off we will all be if the 

16           money actually -- the majority of the money 

17           goes into the classroom.  That is the 

18           purpose.

19                  SENATOR MAYER:  Well, that was our 

20           intent and we've built in more than just 

21           sending the money to the district.  We wanted 

22           to know how many social workers, how many 

23           guidance counselors.  

24                  And we look forward to continuing to 


                                                                   372

 1           push districts to get that money into those 

 2           places where we know it will benefit kids.

 3                  So in my limited time I want to ask 

 4           about receivership, Andy, generally.  What is 

 5           the -- you know, this receivership is a 

 6           long-standing problem that we have 

 7           institutionalized in law.  Do you have a view 

 8           about whether we should just sort of start 

 9           again on the concept of schools that need 

10           particular help and get out of the 

11           receivership model?

12                  PRESIDENT PALLOTTA:  Right.  The whole 

13           concept behind receivership was punitive.  

14           Right?  So it was punishing schools that were 

15           going through difficult times.  So yes, a 

16           repeal of this law would make a lot of sense.  

17           And then to turn it around to providing the 

18           helps that are needed in those schools.

19                  So yes, doing away with this, starting 

20           over again and providing the necessary tools, 

21           like community schools.  We have been yelling 

22           from the rooftops about providing community 

23           schools throughout the state.  And yes, there 

24           is money in the budget for community schools; 


                                                                   373

 1           we're asking for more so that we can 

 2           replicate what has been working, like in 

 3           New York City, like in Albany, like in Rome, 

 4           New York.

 5                  SENATOR MAYER:  Thank you.  Thank you 

 6           very much.  Thank you for your --

 7                  PRESIDENT MULGREW:  Thank you.

 8                  PRESIDENT PALLOTTA:  Thank you.

 9                  CHAIRWOMAN KRUEGER:  Assembly?

10                  CHAIRWOMAN WEINSTEIN:  We go back to 

11           the Assembly, and next we have Assemblywoman 

12           Jackson.

13                  ASSEMBLYWOMAN JACKSON:  Thank you, 

14           Madam Chair.  To Andy and to Michael, thank 

15           you both for your work.  It's been a while 

16           since I've seen you both.  I am a former UFT 

17           member, paid my dues regularly.  Grateful to 

18           be here and represent social workers and 

19           teachers alike.

20                  And I just want to know -- I have a 

21           few questions.  I just want to know how can 

22           we at the state assist with the United 

23           Community Schools?  

24                  I want to know what have you guys done 


                                                                   374

 1           to help social workers obtain their 

 2           continuing ed credits, either it be financial 

 3           or bring the trainings to the schools, like 

 4           whatever it is.  

 5                  And then how can we like encourage 

 6           more teachers and staff to get involved 

 7           politically?  Because their voice needs to be 

 8           heard.  Like you guys know I understand what 

 9           it means to be one of them, because I was.  

10           But a lot of the members may not.  So I would 

11           love to see more engagement from them.

12                  So how can we help you with the United 

13           Community Schools?  What are we doing to help 

14           social workers with their continuing ed 

15           credits?  And how can we get more people 

16           involved?  

17                  And community schools work, work, and 

18           they work.  Just so you guys --

19                  PRESIDENT MULGREW:  They work.  We're 

20           very proud of our United Community Schools.  

21           You know, I was out in Queens on Saturday.  

22           Why?  Because when we do a vaccination clinic 

23           at a United Community School, we get 

24           300 students.  That's not normal.  Most times 


                                                                   375

 1           you see -- I won't name other agencies -- 

 2           they put up their vaccination clinics and 

 3           they get nowhere near that number.  Why?  

 4           Because we're part of the community, and we 

 5           do outreach and we talk to the parents and we 

 6           do all of those things.

 7                  That's the whole basis of everything 

 8           we do with United Community Schools.  It's 

 9           not what you would call a normal community 

10           school model.  We want to be part of the 

11           community.

12                  So now the UFT's United Community 

13           Schools is now working with a school in 

14           Albany.  So we're now -- we have a school in 

15           Albany that we're working with, and we're 

16           seeing great results already.  And it's 

17           really been quite -- a lot of fun and a lot 

18           of energy.

19                  But that takes work.  So what we 

20           really need to do is that's a program we know 

21           that works.  So how do you take that program 

22           and make it available to the entire state?  

23           Now, we'd be more than happy to help people 

24           learn how to do that work, to train what is 


                                                                   376

 1           known as a school facilitator, to get that 

 2           person in place, and then to really work at 

 3           digging in and becoming part of the actual 

 4           community.  

 5                  In terms of the social workers, as you 

 6           know, this is a constant challenge.  Last 

 7           year we had funding from the state and the 

 8           City Council.  We had a really hard time just 

 9           filling the slots that we were able to get 

10           both entities to fund.  

11                  So now it comes down to, all right, 

12           now it's more to me about how do we 

13           streamline the process for people who want to 

14           become social workers, people who may already 

15           be teachers or be in an another role inside 

16           of a school system.  We should be able to 

17           streamline the process, working with higher 

18           ed, and say you don't have to start all over 

19           again -- they already do not have to.  But 

20           there should be an easier way to do this, 

21           because there's a need there.  There's a real 

22           need there.

23                  And in terms of political activity, 

24           there's a difference between political 


                                                                   377

 1           activity for political purposes, ideological 

 2           purposes, and political activity for the 

 3           profession of public education.  And, you 

 4           know, we have a lot of political activity but 

 5           a lot of it -- you know, a lot of our allowed 

 6           political activity is ideological.

 7                  But the thing is, the same thing 

 8           you're talking about is what we struggle 

 9           with.  We want folks to understand that when 

10           teachers talk about testing, then they were 

11           out in droves and fought back against testing 

12           that was being used wrongly.  Things that 

13           they know are actually going to be wrong 

14           inside of a school, or things they're going 

15           to do.  But that takes an education process.  

16           And it's really about having folks like you 

17           talk about how you now can make a difference, 

18           because you do.  And it's really important.

19                  CHAIRWOMAN WEINSTEIN:  Thank you.

20                  Senator, do you have anybody else?

21                  CHAIRWOMAN KRUEGER:  We do indeed.  We 

22           have Senator Liu, the New York City Education 

23           Committee chair.

24                  SENATOR LIU:  Thank you, Madam Chair.


                                                                   378

 1                  Thank you, Michael, and thank you, 

 2           Andrew, for joining us every year, 

 3           faithfully.  And thank you for all your 

 4           members doing the great work they do.

 5                  You're well aware that last year in 

 6           New York City and in parts of the state, as 

 7           the new school year rolled around in 

 8           September, that there was no remote option in 

 9           New York City and some parts of New York 

10           State.  And notwithstanding the de Blasio 

11           administration's refusal to provide that 

12           remote option, many of us felt that it was 

13           needed, if only because large proportions of 

14           parents were keeping their kids out of 

15           school.

16                  And then of course we saw the same 

17           thing happen again after the Christmas break 

18           last -- earlier this month with the rise of 

19           Omicron.   

20                  So you're aware that I have 

21           legislation pending in the Senate that would 

22           require at least New York City, if not other 

23           major cities, to provide this remote option 

24           in times of emergency pandemics.


                                                                   379

 1                  My question is would your members be 

 2           ready, willing and able to engage in this 

 3           remote learning option as a mandate when 

 4           there is an ongoing pandemic?

 5                  PRESIDENT MULGREW:  Yes.  We already 

 6           have mandates in New York City where 

 7           people -- there's remote learning happening 

 8           every day in New York City.  But not a 

 9           remote -- but there's no remote option.  

10                  So we do remote because of students 

11           that are in quarantine or in isolation, so 

12           there is remote teaching going on each and 

13           every day.  And every teacher in New York 

14           City this year at the beginning of the school 

15           year had to set up their entire digital 

16           classroom for whenever they need to go 

17           remote.

18                  I think we have to stop thinking of it 

19           as a pandemic issue and start thinking of it 

20           as how do you build better system, really, 

21           into the school system as a whole.  That will 

22           take more long-term planning.

23                  So in terms of your question, we do 

24           this already.  Some of it's mandated if a 


                                                                   380

 1           student has -- is in quarantine.  We have 

 2           other options for students who are not coming 

 3           to school.  We're working on some things 

 4           right now with the new chancellor.  But I 

 5           think, long term, I think it's important, 

 6           especially for large school systems like 

 7           ours, that we do have some sort of a digital 

 8           school, a digital academy.  Not online, 

 9           because most people think of this as a higher 

10           ed issue.  It's not that type of education, 

11           it really isn't.  We've learned so much about 

12           this.

13                  But I think it's important if we try 

14           to build those things, because there was a 

15           subset of students who were not doing well 

16           before the pandemic but then did well during 

17           the pandemic because it was remote.  So I 

18           think that we have to look at this.

19                  And I do agree with you, we pushed 

20           really hard that we would set up a remote 

21           system for this school year, with criteria to 

22           keep it limited.  Because the one thing that 

23           people have to realize is the only way we're 

24           going to fix the problems we're facing with 


                                                                   381

 1           the majority of our children is when they 

 2           actually come to school.  The writing 

 3           deficiencies are through the roof.  First 

 4           graders have never had formal education.  

 5           Ninth graders, this is the first time they've 

 6           been in school since sixth grade.  Just think 

 7           of the complexity of these challenges.

 8                  So right now we need to have some 

 9           flexibility for remote, but at the same time 

10           the only way to fix this problem is bringing 

11           them in.

12                  SENATOR LIU:  I appreciate that, thank 

13           you.

14                  CHAIRWOMAN KRUEGER:  John and Michael, 

15           I need to cut this off.

16                  SENATOR LIU:  Yeah, I understand, 

17           Madam Chair.  I just want to say in 

18           10 seconds that I appreciate Michael's 

19           comments about mayoral control, that the UFT 

20           does not oppose mayoral control but there 

21           needs to be strict mechanisms for input and 

22           it can't be a dictatorship.

23                  CHAIRWOMAN KRUEGER:  Thank you.

24                  SENATOR LIU:  Thank you.


                                                                   382

 1                  PRESIDENT MULGREW:  Thank you.

 2                  CHAIRWOMAN KRUEGER:  Assemblymember.

 3                  CHAIRWOMAN WEINSTEIN:  Yes, we go to 

 4           Assemblyman Ed Ra.

 5                  ASSEMBLYMAN RA:  Thank you, Chair.

 6                  Michael, Andy, good to see you guys.

 7                  PRESIDENT PALLOTTA:  Good to see you.

 8                  ASSEMBLYMAN RA:  I just wanted to get 

 9           a little bit further into something, you 

10           know, that's kind of in the same area as what 

11           Chair Mayer was talking to you about in that 

12           same section of Future Forward, and that's 

13           about the alternative assessment and 

14           graduation requirements.

15                  I mean, I know this is not a new 

16           topic, it's one we've discussed for many 

17           years.  But if you could kind of elaborate 

18           on -- I mean, maybe this is an opportunity -- 

19           I know a lot of people have talked about, you 

20           know, this being an opportunity to look at 

21           new things.  And I hope people are realizing 

22           that, you know, canceling high-stakes tests 

23           when we've needed to the last couple of 

24           years, the sky hasn't fallen.  Maybe we're -- 


                                                                   383

 1           maybe we can realize that there are other 

 2           assessments and better-quality assessments 

 3           that we can come up with that provide more 

 4           opportunity for our students.

 5                  PRESIDENT MULGREW:  Andy, you want to 

 6           start that?

 7                  PRESIDENT PALLOTTA:  Yeah.

 8                  One hundred percent agree with you:  

 9           The high-stakes testing takes the educators' 

10           eyes off of what needs to be done, which is 

11           meeting the needs of the children.  Right?  

12           So that's why the repeal of receivership is 

13           so important.

14                  Having in-person education of course 

15           is the best way.  And a part of that is 

16           bridging the digital divide.  We've had -- 

17           folks have all kinds of experiences when we 

18           spoke about the remote learning.  Throughout 

19           the state, everyone is having different 

20           experiences, some of them not good, right, 

21           because they couldn't even sign on, the 

22           students.  So we know what needs to be done.

23                  We also want to say when it comes to 

24           things like charter schools, that the SUNY 


                                                                   384

 1           Charter Institute okaying charters when 

 2           communities are fighting them fully is 

 3           ludicrous.  When the commissioner says no and 

 4           the SUNY Institute says yes, we have to 

 5           address that this year.  And we fully support 

 6           your bill, Senator Liu.

 7                  So we have a lot of work ahead of us.  

 8           We also know that the emphasis on high-stakes 

 9           testing is a waste of time, especially now.

10                  Michael?

11                  PRESIDENT MULGREW:  Well, for us 

12           the -- we're having conversations now, and 

13           I'm very happy that the State Education 

14           commissioner, Betty Rosa, is having a task 

15           force to look at what we want to do for 

16           graduation requirements.  

17                  The key here is everyone has to 

18           remember what we need to do is come up with a 

19           system where a student can demonstrate 

20           mastery of a subject.  Now, is the best way 

21           to do that sitting for a Regents, or is there 

22           another way that a student can demonstrate 

23           mastery?  And that's really the question that 

24           we are now debating and discussing as 


                                                                   385

 1           educators, because we know there are other 

 2           ways for students to demonstrate mastery.  

 3           And that's really what our goal is, is to try 

 4           to actually give every student the ability or 

 5           the chance to show us that they completely 

 6           understand the subject they have been taught.  

 7           And there should be more ways to do that than 

 8           just sitting for a test.

 9                  ASSEMBLYMAN RA:  Thank you, gentlemen.

10                  CHAIRWOMAN WEINSTEIN:  Thank you.  We 

11           go to the Senate.

12                  CHAIRWOMAN KRUEGER:  Sorry, the Senate 

13           is here, and we have Senator Leroy Comrie.

14                  SENATOR COMRIE:  Thank you, Madam 

15           Chair.

16                  Good afternoon, gentlemen.

17                  PRESIDENT MULGREW:  Good afternoon.

18                  PRESIDENT PALLOTTA:  Afternoon.

19                  SENATOR COMRIE:  Happy New Year.

20                  I want to ask you the same two 

21           questions I asked the chancellor and 

22           Commissioner Rosa.

23                  Number one, on teacher attendance, how 

24           can we improve teacher attendance and teacher 


                                                                   386

 1           retention?  What do you think the tools are 

 2           to make that happen?

 3                  PRESIDENT MULGREW:  On the attendance?  

 4           Get rid of the pandemic.  That's been the 

 5           biggest driver --

 6                  SENATOR COMRIE:  In light of the fact 

 7           that we will never get rid of the pandemic, 

 8           what do you think --

 9                  PRESIDENT MULGREW:  Well, I hope 

10           that's not true.

11                  SENATOR COMRIE:  I'm being pessimistic 

12           only because I think that we're going to have 

13           to deal with some kind of crisis or medical 

14           issue or unfortunately --

15                  PRESIDENT MULGREW:  That's fair.

16                  SENATOR COMRIE:  And I think 

17           pre-preparation is key to that.

18                  PRESIDENT MULGREW:  So overall teacher 

19           attendance right now in the City of New York 

20           is above 90 percent, especially if you take 

21           the COVID issues out of it.  Remember, a lot 

22           of our attendance now is forced absence, 

23           which is our problem.  

24                  But let's say we get past that.  The 


                                                                   387

 1           real issue becomes about how do you make a 

 2           school a supportive environment.  For me, in 

 3           New York City one of our big issues has 

 4           always been that the Department of Education 

 5           is not there to help us, it's there to hinder 

 6           us.  And that adds to the stress levels and 

 7           the frustration, which then adds to 

 8           attendance issues.

 9                  But I'm hoping with the new chancellor 

10           and the new mayor -- we're hearing a lot of 

11           things about the Department of Education is 

12           supposed to be there to help the people doing 

13           the work with the children.  So to me, that 

14           will be a big issue.

15                  But Andy, you can really talk about 

16           the retention issues we're having, not just 

17           in New York City but across the entire state.

18                  PRESIDENT PALLOTTA:  There has been a 

19           shortage of people going into this profession 

20           for years.  And if you remember, the previous 

21           administration in the Governor's office used 

22           to just talk about what was wrong with 

23           education in this state.  So he had started 

24           the whole movement away from people saying, 


                                                                   388

 1           okay, you know what would be a great thing, 

 2           my child going into teaching.  So we lost a 

 3           lot of good people because of that narrative.

 4                  This Governor has taken a whole 

 5           different tack towards that, so it's much 

 6           more positive.  And there's a lot of 

 7           competition for folks that are in this world 

 8           right now; why should they go into teaching?  

 9           Well, it's the best profession that there is.  

10           I did it for almost 25 years.  And I'll go 

11           back to what the Assemblymember spoke about 

12           before about social workers.  I worked in a 

13           school where when we hired the social workers 

14           that were needed, it turned the school 

15           around.

16                  So we know from our own facts that 

17           schools can turn around and that social 

18           workers and meeting the needs of the students 

19           right then and there is most important.  

20                  SENATOR COMRIE:  I've got 10 seconds 

21           and I got another question, I'm sorry.

22                  PRESIDENT PALLOTTA:  Okay.

23                  SENATOR COMRIE:  The need for 

24           wraparound programs and pretesting for 


                                                                   389

 1           children have become more important than 

 2           ever.  Can you tell us what you're going to 

 3           do to help make sure that the Department of 

 4           Education can do the wraparound programs for 

 5           students to do their pretesting and also to 

 6           make sure that there are schools that are 

 7           open late at night in the long-distance 

 8           neighborhoods such as the Northern Bronx and 

 9           Staten Island and Queens where --

10                  CHAIRWOMAN KRUEGER:  Answer quickly, 

11           please, because we're at zero.

12                  PRESIDENT MULGREW:  Okay.  We support, 

13           both at the state level and the city level, 

14           extending, opening the school at all times 

15           for children to have access to it.  It's 

16           clear -- there's no argument, there's no 

17           debate -- the school now is the center of the 

18           community and the center of what we need to 

19           do in terms of developing the children to be 

20           what we all want, which is successful in 

21           life.

22                  CHAIRWOMAN KRUEGER:  Thank you.  Thank 

23           you for being concise.  

24                  Assembly.


                                                                   390

 1                  (Pause.)

 2                  CHAIRWOMAN KRUEGER:  Helene, you have 

 3           the next one.  Let me see who's on your list.

 4                  CHAIRWOMAN WEINSTEIN:  I thought I -- 

 5           okay, I must have been muted.

 6                  Alicia Hyndman.

 7                  ASSEMBLYWOMAN HYNDMAN:  Thank you, 

 8           Chair Weinstein.

 9                  Michael and Andrew, it's really great 

10           to see you.  And please --

11                  PRESIDENT MULGREW:  Ditto.

12                  ASSEMBLYWOMAN HYNDMAN:  -- convey to 

13           your members thank you for showing up for 

14           work, thank you for navigating our children 

15           through this pandemic.  My daughter is a 

16           sixth grader; her teachers show up.  I ask 

17           her every day, and she's like, They're all 

18           there.  And I know it's been tough, but 

19           please relay that to your members.

20                  I tried teaching in Bushwick high 

21           school and I didn't last long.  It's a really 

22           tough task, and I commend you all.

23                  So I don't have any community schools 

24           in District 29 so, Michael, I would really 


                                                                   391

 1           love your assistance in making sure --

 2                  PRESIDENT MULGREW:  Let's go!

 3                  ASSEMBLYWOMAN HYNDMAN:  -- we get one 

 4           for those wraparound services.  I know all 

 5           about community schools, I know the work that 

 6           Karen has done on behalf of UFT for our 

 7           community schools, and would really like to 

 8           see one land successfully in Southeast 

 9           Queens, particularly in my district.

10                  To -- for the Teacher Centers, I know 

11           that we have a couple that opened up.  I know 

12           it's a real bonus to have and to support our 

13           teachers while they navigate this pandemic, 

14           but I also want to say when it comes to the 

15           CTE schools, with the technology and the 

16           requirements of CTEs, we know that $3900 per 

17           pupil is not enough.

18                  PRESIDENT MULGREW:  No.

19                  ASSEMBLYWOMAN HYNDMAN:  If we're 

20           talking about college and career readiness, 

21           we're not talking enough about the career 

22           readiness.  So for the State of New York we 

23           need to make sure that's increased.

24                  I know that Betty Rosa has done a lot 


                                                                   392

 1           of work around that, particularly in New York 

 2           City, but we always, I think, sometimes 

 3           forget about the Big 5 school districts.  I 

 4           know Andrew can speak to that.

 5                  So my question is, how many more 

 6           Teacher Centers do you feel you need in order 

 7           for the city to be whole, Michael, as far as 

 8           the city is concerned and our boroughs?

 9                  PRESIDENT MULGREW:  Our goal would be 

10           to give every school access to a Teacher 

11           Center.  We don't need to actually have a 

12           Teacher Center in every school.  We would 

13           like that, but right now our goal is that we 

14           would hope that we would put one Teacher 

15           Center in a building and maybe have three or 

16           four buildings coordinate around it.

17                  So at that point you would need 

18           basically somewhere around 600 Teacher 

19           Centers total, so we'd need approximately 

20           400 more.

21                  ASSEMBLYWOMAN HYNDMAN:  Okay.

22                  PRESIDENT MULGREW:  Listen, it's a lot 

23           of work.  But you see the importance of it 

24           when you go into the school and you're seeing 


                                                                   393

 1           more and more.  

 2                  We've had so many Teacher Centers get 

 3           opened this year because they want to embed 

 4           the professional development at the school.  

 5           Remember, it's not just about professional 

 6           development for the teacher.  We do so much 

 7           work now with the community.  We teach the 

 8           parents.  We train the parents on all sorts 

 9           of different things that they need, and how 

10           to help their child.

11                  So there's a -- you know, we're very 

12           happy that Teacher Centers are starting to 

13           expand in New York City once again.  But as 

14           we're expanding, we're seeing more and more 

15           that there's more schools who keep asking us 

16           that they want them, and there's only so far 

17           we can go with the funding we currently get 

18           from the State of New York.

19                  PRESIDENT PALLOTTA:  And at least this 

20           year we have a place where we're starting 

21           with funding.  We don't have to start from 

22           zero again like we have so many other years.

23                  PRESIDENT MULGREW:  Exactly.

24                  ASSEMBLYWOMAN HYNDMAN:  Okay.  Thank 


                                                                   394

 1           you, that's my time.  Thank you, Chair.

 2                  CHAIRWOMAN WEINSTEIN:  Thank you.

 3                  Back to the Senate.

 4                  CHAIRWOMAN KRUEGER:  Thank you very 

 5           much.

 6                  And Senator Robert Jackson.  

 7                  SENATOR JACKSON:  Good afternoon.  How 

 8           you doing, Mike and Andy.

 9                  PRESIDENT MULGREW:  How you doing, 

10           Robert.

11                  SENATOR JACKSON:  I'm doing well, 

12           thank you.  I'm here with Senator Cordell 

13           Cleare, and we are making sure that we have 

14           the opportunity to hear what you have to say 

15           and ask a couple of questions before we drive 

16           down to the 32nd Precinct for a vigil about 

17           6:30.  So we're going to be moving pretty 

18           quick.

19                  I got three quick questions.  The 

20           Executive is proposing $2 million to school 

21           districts to support programs designed to 

22           improve school climate.  If this investment 

23           is included in the enacted budget, will you 

24           support my and Assemblymember Nolan's 


                                                                   395

 1           legislation, the School Solutions, Not 

 2           Suspensions, to help to end the 

 3           school-to-prison pipeline in New York?  And I 

 4           assume that the answer is yes, but I need --

 5                  MR. MULGREW:  Right.  But we already 

 6           do a lot -- I know you're aware of our 

 7           Positive Learning Collaborative, which is 

 8           exactly what -- it was designed for the same 

 9           reason.  And we already run that in a couple 

10           of hundred schools right now.  

11                  So we'll support anything that's going 

12           to help us change school climate as long as 

13           it's embedded and it's -- there's a one-time 

14           up-front investment, but then can be 

15           sustained at a minimal cost.  So that's the 

16           criteria for us.  When we're in a budget like 

17           we are right now, we keep telling folks:  

18           Look at something that has an up-front cost 

19           but then minimal investment to keep it going.  

20           That is the criteria we're looking at.

21                  SENATOR JACKSON:  So, Andrew, I assume 

22           your answer is similar to that.  Mike was 

23           speaking for both you and him, is that 

24           correct? 


                                                                   396

 1                  MR. PALLOTTA:  Right.  We are working 

 2           with our coalition partners throughout the 

 3           state to work on school climate.  So this has 

 4           been something coming for a very long time, 

 5           and working with folks from around the state 

 6           to improve that in every corner of the 

 7           state -- New York City, Buffalo, Long Island.

 8                  SENATOR JACKSON:  Thank you.

 9                  I have another bill -- but we ask, do 

10           you know how many public schools hired social 

11           workers, school psychologists as a result of 

12           the additional funding so far?  Have you seen 

13           an increase in that?  I believe the answer is 

14           yes, but I want to know --

15                  PRESIDENT MULGREW:  Yes.

16                  SENATOR JACKSON:  -- as the leader of, 

17           one, the New York City union and then 

18           obviously Andrew for the statewide union.  

19           Because there's a bill that would require 

20           every school to have a social worker, a 

21           psychologist, a nurse in order to meet the 

22           needs of our students.

23                  PRESIDENT MULGREW:  We -- but this is 

24           where I'm going to tell you we're running 


                                                                   397

 1           into the problem of staffing.  We need a 

 2           better way to get people a social worker's 

 3           license or certificate.  

 4                  There are people who want to do it, 

 5           but it's going to take a while.  So they 

 6           should be able to -- I completely support 

 7           that bill.  But what we've seen now in 

 8           New York City -- because it was both the 

 9           state and the City Council who invested 

10           heavily into social workers.  And we have not 

11           filled all of the funded slots that we have.  

12           And it's not because we haven't been trying.  

13           It's just that there is -- we need to come up 

14           with a program that might incentivize people 

15           but also make it easier for them to get into 

16           the -- a critical element of what we're all 

17           dealing with right now in schools, which is 

18           the need for social workers.

19                  MR. PALLOTTA:  And along the same 

20           lines, Senator, last year we thanked you for 

21           the million dollars that the Legislature 

22           provided for NYSUT to do implicit bias 

23           training.  And we have trained hundreds of 

24           our local leaders throughout the state on 


                                                                   398

 1           this.  So of course we have another ask in 

 2           this year's budget for that.

 3                  It has been powerful the things that 

 4           people see and the change that's brought 

 5           about by the union itself doing this 

 6           training.

 7                  CHAIRWOMAN WEINSTEIN:  Thank you.

 8                  SENATOR JACKSON:  Thank you.  I know 

 9           my time is up.  Michael, I went to the 

10           Teacher Center at 133rd Street and Amsterdam 

11           Avenue.  Teacher Center all the way.

12                  MR. MULGREW:  Thank you so much.

13                  CHAIRWOMAN KRUEGER:  Thank you.  I 

14           think we were just planning one in your 

15           district right now, so.

16                  CHAIRWOMAN WEINSTEIN:  Thank you.  So 

17           we go to Assemblyman Lawler.

18                  ASSEMBLYMAN LAWLER:  Thank you, 

19           Chairwoman.

20                  Mike and Andy, good to see you again.  

21           Thank you for the work that you're doing on 

22           behalf of your members.

23                  My sister-in-law is a teacher in one 

24           of my local school districts.  She's also in 


                                                                   399

 1           the union leadership there.  So I know how 

 2           hard all of your members work and the impact 

 3           that they have on the lives of our students 

 4           every day.  So I thank you for that.

 5                  MR. MULGREW:  Thank you.

 6                  ASSEMBLYMAN LAWLER:  Obviously we're 

 7           all happy to see, you know, the continued 

 8           increase in Foundation Aid for our districts.  

 9           I brought it up last year:  I do have a bill, 

10           A4648, that I hope, Andy, you certainly will 

11           look at and support.  It would increase the 

12           Regional Cost Index for Rockland and 

13           Westchester counties to match Long Island and 

14           New York City to ensure that our schools in 

15           Rockland County and Westchester are fully 

16           funded and getting the support that they 

17           deserve for the Regional Cost Index and our 

18           labor costs, which are significant at times, 

19           given our region.  So that's something that I 

20           just want to bring to your attention.  

21                  East Ramapo, I had a discussion 

22           earlier today with Commissioner Rosa on that.  

23           The reality is there's going to be 4100 new 

24           students attending private schools next year, 


                                                                   400

 1           and that is going to have, you know, 

 2           significant growth in the district again.  

 3                  And it's something that we have to be 

 4           realistic about, that nearly 75 percent of 

 5           the students attending East Ramapo are 

 6           attending private schools, and the current 

 7           construct is not working.  And there are 

 8           significant challenges.  And the objective 

 9           needs to be to ensure that all students, 

10           regardless of whether they attend a public or 

11           private school, are getting the services they 

12           need.  But obviously it can't be at the 

13           expense of the public schools.  

14                  And so I've proposed legislation to 

15           have SED take over mandated services for the 

16           private schools in East Ramapo specifically.  

17           And I would strongly encourage you to look at 

18           that legislation.  And I'd be happy to 

19           discuss it with you offline.

20                  The thing that I do want to ask you a 

21           question about, both of you, if you could, is 

22           really just the role of parents in their 

23           children's education.  Obviously there's been 

24           so much back and forth nationwide with 


                                                                   401

 1           respect to curriculum, with respect to mask 

 2           mandates, with respect to vaccine mandates.  

 3           I'm just curious really how you both view the 

 4           role of parents in education and what 

 5           abilities they should have when it comes to 

 6           issues of curriculum and/or, you know, 

 7           mandates on their children.  

 8                  Obviously I represent an area where 

 9           it's controlled by school boards, not mayoral 

10           control, so there is a little bit of a 

11           difference.  But just curious your take on 

12           that.

13                  PRESIDENT PALLOTTA:  Well, right off 

14           the bat, when it came to the mask mandate, we 

15           supported the mask mandate.  

16                  We also want to know when things will 

17           change, so we put out a statement just the 

18           other day saying we are happy with the 

19           mandate in effect now, but we would love to 

20           see from the health experts when we can get 

21           on the off ramp from these mask mandates.  

22                  And of course we support having 

23           parents involved in their children's 

24           education the entire time that they are in 


                                                                   402

 1           school.  It is crucial.  The partnership -- 

 2           and Michael spoke about it throughout 

 3           New York City too -- it's crucial throughout 

 4           the state that the parents are a big partner 

 5           with the educators, with the students.  

 6                  So -- and I appreciate your support 

 7           for our members.  Thank you.

 8                  MR. MULGREW:  In terms of the role of 

 9           parents itself, it's a crucial partnership, 

10           as Andy has said.  But I think what we're all 

11           dealing with right now on the political 

12           spectrum is so many things have become 

13           politicized, especially around the schools.  

14           Is that healthy for a school?  Probably not.  

15                  Curriculum.  Let's just take 

16           curriculum.  New York State is a standard 

17           state.  That means we set standards and then 

18           each school system, each school district, is 

19           responsible for supplying the teacher with 

20           the curriculum that meet the standards.  But 

21           inside of these standards there has to be a 

22           sensitivity towards all cultures.  And we've 

23           done that without turning it into what we've 

24           seen in different parts of the country.  And 


                                                                   403

 1           I'm hoping New York State and New York City 

 2           can continue to do that.

 3                  But, you know, for Andy and I, we've 

 4           lived through the teacher-bashing years and 

 5           everything else, and the testing and the 

 6           standardized tests, and we've seen everything 

 7           in our industry try to -- we've seen it from 

 8           the angles where people have politicized it.  

 9           Now as we're in the pandemic, once again 

10           we're in the middle of all of so many of the 

11           political fights where we just always say:  

12           We talk to our independent medical experts, 

13           we let them guide us, and we're trying to 

14           stay out of the craziness that goes around 

15           all of this.  But at the same time, we cannot 

16           educate the children of this state without 

17           the parents as partners.

18                  CHAIRWOMAN WEINSTEIN:  Thank you.  

19                  ASSEMBLYMAN LAWLER:  Thank you for 

20           your answers.

21                  CHAIRWOMAN WEINSTEIN:  Thank you.  We 

22           go to Assemblywoman Niou.

23                  ASSEMBLYWOMAN NIOU:  Hello, 

24           Mr. Mulgrew.


                                                                   404

 1                  PRESIDENT MULGREW:  How are you?

 2                  ASSEMBLYWOMAN NIOU:  I'm good.  Thank 

 3           you so much for being here today and spending 

 4           so much time with us.  

 5                  I had a question for you about -- you 

 6           know, I'm assuming, since you were listening 

 7           and you had referred to it, what our new 

 8           chancellor was talking about when I had asked 

 9           him a question about teacher retention.  I 

10           was wondering -- you know, I'm sure you have 

11           some ideas about what would actually be 

12           successful in helping with teacher 

13           recruitment and retention on top of the 

14           Teacher Centers.

15                  MR. MULGREW:  Yeah, this is -- you 

16           know it's an issue that the whole country now 

17           has to grapple with.  It's just -- there's no 

18           way around it.  You think about, as I just 

19           said before, there was years of teacher 

20           bashing.  Then we went into complete 

21           accountability, which meant test scores and 

22           more paperwork and not actual time spent with 

23           students.  And then we get hit with a 

24           pandemic.  You couldn't get -- you know, it's 


                                                                   405

 1           a trifecta of horrible things that affect our 

 2           profession.

 3                  So it's really now time to say, All 

 4           right, let's break glass.  What do we need to 

 5           do?  It's got to be about how we train 

 6           teachers.  That's in higher ed.  We're going 

 7           to have to get everybody comfortable with 

 8           that, how we look at how we compensate 

 9           teachers.  And then at the same time make 

10           sure that all school systems, that the 

11           bureaucracy of the school system is there -- 

12           because bureaucracy is not always a bad word.  

13           It becomes a bad word when it stops things 

14           from happening.  But the bureaucracy's focus 

15           at all times must be on supporting the 

16           teacher.  

17                  And those first three to five years 

18           are pivotal.  And you see it -- we have 

19           certain schools in New York City where the 

20           retention is so high, you walk into the 

21           school and you know why.  Because --

22                  ASSEMBLYWOMAN NIOU:  Harbor School.

23                  (Laughter.)

24                  ASSEMBLYWOMAN NIOU:  Our Harbor 


                                                                   406

 1           School.  

 2                  MR. MULGREW:  All right.  And there's 

 3           other schools.  Because it's a complete 

 4           support system that the school has built for 

 5           people coming into our profession.  But 

 6           that's not -- we don't have that everywhere.  

 7                  So really it's about reimagining the 

 8           whole profession from when you're training 

 9           them all the way through their inception and 

10           then throughout their careers.

11                  ASSEMBLYWOMAN NIOU:  We also saw that, 

12           you know, at the Harbor School, for example, 

13           the principal actually gave up his own office 

14           for a Teacher Center.  That was really 

15           awesome.  But we shouldn't be making that -- 

16           that's not the norm, right.  

17                  So our state definitely needs to 

18           really fund Teacher Centers because it really 

19           is a huge valuable asset to making it so that 

20           we can get teachers to want to stay, and have 

21           the support that they need.  It's an all 

22           around, wraparound service.  

23                  You know, you had mentioned also, you 

24           know, the imbalance with charter school 


                                                                   407

 1           funding and -- versus our public school 

 2           funding.  And I wanted to kind of see your 

 3           thoughts on -- I guess give you the rest of 

 4           the time to really kind of talk about why 

 5           this disparity is so important to not have.

 6                  MR. MULGREW:  Because everyone likes 

 7           to use the word "equity."  Well, where's the 

 8           equity?  Let's stop playing with the numbers 

 9           and let's just say -- you know, put the 

10           actual things down there.

11                  New York City, in the charter formula 

12           per student, there's already a facilities 

13           number inside of it.  In New York City the 

14           charter schools are getting that number and 

15           then getting an additional facilities number 

16           on top of that.  And then there's a thousand 

17           dollars per pupil for tuition assistance.  

18           These are ridiculous numbers.

19                  And now, this year, look at the 

20           formula -- it's not just affecting New York 

21           but so many -- New York City, but so many of 

22           the other districts in our state.  They're -- 

23           you know, the local school district has to 

24           pick up so much more of the funding for the 


                                                                   408

 1           charter school.  And it's just got to stop.  

 2           You know, enough is enough already.  We had 

 3           years of games being played with this, and it 

 4           was all because of political influence and 

 5           not based off of if you truly want equity, 

 6           let's do it the right way.  Everyone gets the 

 7           same amount per student, period, end of 

 8           story, and there's transparency.  

 9                  I mean, you know, everyone says yes 

10           when I say these things, but then it never 

11           gets done.

12                  ASSEMBLYWOMAN NIOU:  Thank you.

13                  PRESIDENT MULGREW:  Thank you.  

14                  MR. PALLOTTA:  And that's why there's 

15           a John Liu bill right there to fight this.  

16           This is a great bill.  Because in Central 

17           Islip, when the community fought back against 

18           the charter school, SUNY didn't listen to 

19           them.  In Wyandanch, they didn't listen to 

20           them.  And there was no respect for SED or 

21           the commissioner.  

22                  So it's ludicrous that they don't have 

23           the same transparency requirements as a 

24           public school.  And I hope this year we can 


                                                                   409

 1           take care of that.

 2                  CHAIRWOMAN WEINSTEIN:  Thank you.  And 

 3           we're going to move on.  We still have a 

 4           number of Assemblymembers, and then we only 

 5           have 34 more witnesses after you finish.

 6                  PRESIDENT MULGREW:  Okay.

 7                  CHAIRWOMAN WEINSTEIN:  Assemblyman --

 8                  PRESIDENT MULGREW:  Hold us to 90 

 9           seconds.

10                  CHAIRWOMAN WEINSTEIN:  It's an 

11           all-nighter we're doing.

12                  Assemblyman Bronson.

13                  ASSEMBLYMAN BRONSON:  Thank you, Chair 

14           Weinstein.  

15                  And Andy and Michael, thank you and 

16           all of your members for what you've done over 

17           these difficult almost two years now.

18                  PRESIDENT MULGREW:  Thank you.

19                  ASSEMBLYMAN BRONSON:  You know, we owe 

20           you a debt of gratitude, and all of the 

21           teachers that you represent.

22                  You know, I want to focus a little bit 

23           on Rochester and the city school district in 

24           Rochester, but put it in terms of your Future 


                                                                   410

 1           Forward, Andy, where you talked about public 

 2           schools being the center of communities, you 

 3           talked about making sure we focus on 

 4           students' social and emotional needs and 

 5           racial justice.  

 6                  And, you know, frankly we're in a 

 7           moment of time right now, a moment of time 

 8           where we have additional funding that we can 

 9           use for education.  We have a society and 

10           communities that are truly facing racial 

11           injustice.  And we have COVID.  With all the 

12           bad things, it's forced us to reevaluate 

13           what's really important to us.

14                  So my question is this.  Given that 

15           moment of time -- we have the additional 

16           funding, et cetera -- given that moment of 

17           time, how do we scale up community schools in 

18           the Rochester City School District?  You 

19           know, we have a couple of good ones but, you 

20           know, those wraparound services through 

21           community schools and the sense of 

22           neighborhood and the sense of community is so 

23           vitally important.  How do we do that in 

24           Rochester?


                                                                   411

 1                  MR. PALLOTTA:  First off, I want to 

 2           thank you for the work that you did as dean 

 3           of the delegation in Rochester.  It was 

 4           fantastic working with you and everyone from 

 5           the region.

 6                  We did get some good things done, and 

 7           it brought the community together.  It was a 

 8           very enjoyable experience.  But we also know 

 9           that Rochester now doesn't have an austerity 

10           problem, they have a problem where they have 

11           so much in the bank they have to spend it.  

12           So the social workers -- there are hundreds 

13           of millions of dollars sitting there and we 

14           fought for it, you fought for it, and I'm 

15           hoping that they're spending that money on 

16           the social workers fighting the racial 

17           injustice in the schools.  

18                  And how do we get more community 

19           schools?  Well, part of our program this year 

20           is to get a hundred million more into 

21           community schools.  I know there's money in 

22           the budget.  But what we're saying is it has 

23           worked in certain places like New York, like 

24           in Rome, New York.  So replicate it.  Put the 


                                                                   412

 1           money in so we can have folks that are 

 2           knowledgeable on how to run a community 

 3           school, and have them all over the place.  

 4           This seems to be a model that will change a 

 5           system.  And Rochester is the one that really 

 6           needs to have an infusion of great minds that 

 7           can really move that city school system.

 8                  So yes, the teachers are working hard, 

 9           the administrators are working hard.  I saw a 

10           lot of cooperation when we were there for 

11           some of the meetings.  And we also saw the 

12           students with broken hearts when they lost 

13           their teachers and administrators and 

14           paraprofessionals not too long ago.  I mean, 

15           it brought you to tears to see what they were 

16           going through.  

17                  Now there's money.  Let's make sure 

18           that we put even more into the community 

19           school model.  And the united schools that 

20           Michael is talking about, if that's the way 

21           to do it, let's get them to bring this model 

22           not just to Albany but to Rochester too and 

23           any other region of the state that needs 

24           this.  


                                                                   413

 1                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 2           Thank you, Andy.  

 3                  We'll go now to Assemblywoman Rodneyse 

 4           Bichotte Hermelyn.

 5                  ASSEMBLYWOMAN BICHOTTE HERMELYN:  

 6           Hello.  Hi, Michael.  Hi, Andy.  It's good to 

 7           see you guys here.  Thank you again so much 

 8           for all that you're doing and all your 

 9           members are doing for us, for our children.

10                  I did have a couple of questions.  For 

11           one, I know you talked about the -- your 

12           charter school issue regarding that the aid 

13           went from 51.5 million to 100 million and the 

14           increase of per-pupil funding was increased 

15           by 4.7 percent.  So I agree with you, I do 

16           feel that it's unjust, particularly for many 

17           reasons.  Obviously one is the transparency 

18           and accountability.

19                  However, I am disappointed that UFT 

20           has not been adopting the Bichotte-Jackson 

21           bill, which is also a transparency and 

22           accountability bill.  We've had this before 

23           the other bill was introduced.  So I will 

24           reiterate, it's A3598, S1972.  And that is 


                                                                   414

 1           the original transparency and accountability 

 2           charter school bill, Bichotte-Jackson.  So 

 3           please take a look at it --

 4                  PRESIDENT MULGREW:  We'll take a look 

 5           at it.

 6                  ASSEMBLYWOMAN BICHOTTE HERMELYN:  -- 

 7           and help promote it.

 8                  I also want to just make the point 

 9           that even with, you know, some of these 

10           schools that are just acquiring real estate 

11           for like 105 million -- I think Success 

12           Academy acquired about $105 million in 

13           South Bronx -- you have a lot of the smaller 

14           ones that are not even being included in this 

15           whole mix.  And the smaller ones are 

16           typically run by Black and brown-run charter 

17           schools.  And there's an issue -- there's an 

18           issue even within the umbrella of charter 

19           schools of disparity.  So that's something 

20           that, you know, we need to talk about as 

21           well.

22                  PRESIDENT MULGREW:  Yeah.  Yeah.

23                  ASSEMBLYWOMAN BICHOTTE HERMELYN:  But 

24           my question really revolves around what you 


                                                                   415

 1           talked about around mayoral control.  You 

 2           wanted to see some changes -- and I was in 

 3           and out, so I don't know if you actually 

 4           stated what kind of changes that you would 

 5           like to see within the four-year interim of 

 6           mayoral control, and how would you like 

 7           parents to be more involved in the education 

 8           system.

 9                  MR. MULGREW:  Well, so to deal with 

10           the parent issue -- because you hear the same 

11           thing I hear about parents have always been 

12           shut out, despite year after year of 

13           testimony up here by mayors and chancellors 

14           that they're going to do it different and 

15           they're going to keep the parents in and 

16           they're going to let the parents in.  It 

17           doesn't happen.  

18                  That's because of the basic structure 

19           that we're the only school system that has a 

20           mayoral control system that's absolute power.  

21           The only one.  The other school systems that 

22           have mayoral control do not have that.  

23                  So this whole argument that if we 

24           change it's no longer mayoral control is 


                                                                   416

 1           ridiculous.  Because there's many school 

 2           systems across the country that have mayoral 

 3           control, but nobody has gone as far as to 

 4           give absolute power to one office -- and 

 5           that's what we have in New York City.  So for 

 6           the parents, it could be something as simple 

 7           as adding two more seats to the PEP, the 

 8           Panel for Educational -- PEP.  I can't 

 9           remember.  The PEP.  We call it the PEP.

10                  MR. PALLOTTA:  Policy.

11                  MR. MULGREW:  Policy, educational 

12           policy, right.  The PEP. 

13                  So if you add two seats and you say 

14           that those two seats must be filled from 

15           elected CEC representatives, right at that 

16           point they're independent.

17                  The fact that, you know, we've been 

18           against this mayoral control for as long as 

19           I've been president.  The two mayors before 

20           this one, every time that anybody voted 

21           against them, they removed them from the 

22           panel.  It wasn't just the first one, it's 

23           the second one did the same thing.  So it 

24           really gets to be a little bit ridiculous.  


                                                                   417

 1                  And we're really working really well 

 2           with this mayor, and the chancellor.  But 

 3           I've heard them say that, you know, if we 

 4           can't convince people that we have a really 

 5           good idea, then maybe we shouldn't do it.  

 6           And that's really what we're looking for.  We 

 7           do not -- nobody wants to go back to the 

 8           school boards.  That I talked to.  Nobody.

 9                  CHAIRWOMAN WEINSTEIN:  Thank you.  

10           Thank you, Michael.

11                  ASSEMBLYWOMAN BICHOTTE HERMELYN:  

12           Thank you.

13                  CHAIRWOMAN WEINSTEIN:  We have two 

14           more Assemblymembers.  First, Assemblywoman 

15           Jo Anne Simon, and then our Higher Ed chair 

16           Deborah Glick will close out this panel.

17                  ASSEMBLYWOMAN SIMON:  Well, thank you.  

18           And thank you both, Andy and Mike, for all of 

19           the work you're doing and for your members.  

20           It's so critical.

21                  And I do want to say, you know, I was 

22           one of those people who sent the letter 

23           saying we need to look at the possibility of 

24           doing some things remotely in order to figure 


                                                                   418

 1           out which end is up kind of thing.  But like 

 2           my granddaughter went back to school, and it 

 3           was like life-altering for her to go back to 

 4           school, it was just so important.

 5                  So a couple of things.  You talked 

 6           about testing and demonstrating mastery of 

 7           subject matter.  And, you know, I'm a 

 8           Performance Standards Consortium fan myself, 

 9           so I always like to raise that.  But I'm 

10           concerned because, you know, the reason we do 

11           annual testing is the federal No Child Left 

12           Behind, which then became ESSA.  And how are 

13           we going to try and strategize around not 

14           having a federal mandate to give these tests?  

15           Because that is really the problem.  It makes 

16           everybody crazy at the state level, but the 

17           fact that we have to give certain tests is a 

18           federal mandate.

19                  And then just one thing I want to just 

20           mention, I don't know -- it's not necessarily 

21           your -- it's not under your control, 

22           certainly.  But I was pleased to see that the 

23           new chancellor did not at least overtly lump 

24           special ed in with ELL students.  Because 


                                                                   419

 1           those students have often very, very 

 2           different needs.  Although students may have 

 3           both of those needs.  

 4                  But, you know, the students are 

 5           shortchanged when you try and lump them 

 6           together.  So that's -- I don't know if you 

 7           agree with that or not.  

 8                  MR. MULGREW:  Yes, I agree with that.  

 9           The last statement, absolutely agree with it.  

10           New York City has more languages inside of it 

11           than any other school system.  And just the 

12           basic things you have to start with is when a 

13           child -- when we have a newcomer, it's did 

14           they receive formal education in their 

15           country.  You know, we have to start with 

16           that basic.  

17                  And everybody makes assumptions, and 

18           they're just not true.  And there's no 

19           assumption to be made about a country, 

20           because it depends on what part of the 

21           country you were raised in.

22                  And then if a child did not have 

23           access to formal education and, say, they're 

24           a teenager, are we going to mislabel them as 


                                                                   420

 1           being special needs when we don't -- because 

 2           they haven't had any formal education?  It's 

 3           quite complicated, the work that we do with 

 4           the ELL population.  And New York City is 

 5           constantly struggling with it because of the 

 6           challenge of the numbers and the different 

 7           countries that we bring all of our students 

 8           from.  

 9                  So, I mean, we have a lot of people 

10           who are working on this.  But, you know, 

11           there needs to be -- something different has 

12           to go -- we can't do the "one size fits all" 

13           that a lot of school systems can do.  We 

14           can't do that.

15                  And the special needs population -- 

16           New York City is under a corrective action 

17           plan from the State Education Department.  

18           And it should be under a corrective action 

19           plan.  But things need to get better.  And 

20           they did not get better up until the end of 

21           December, they were actually getting worse.  

22           Just basic compliance as well as the backlog 

23           of cases and all the other things.  And the 

24           Department of Education felt that it was 


                                                                   421

 1           their job to hide compliance issues rather 

 2           than just -- there's a very simple question 

 3           with compliance:  Is the child getting their 

 4           service?  It's really that simple.  

 5                  Is the child getting the service?  If 

 6           the answer is yes, you're in compliance.  If 

 7           the answer is no, you're not in compliance.  

 8           And it's not supposed to be, oh, here's a 

 9           rationalization why we're not in compliance.  

10           It's supposed to be no, it's your 

11           responsibility to do something now to get 

12           that child their services.

13                  It really gets ridiculous when you 

14           think about all of the stuff that has gone on 

15           over there.  But we've been working with the 

16           State Education Department, and the new 

17           chancellor and mayor have spoken about this 

18           publicly.  So we are hopeful.

19                  ASSEMBLYWOMAN SIMON:  And the testing 

20           issue with the feds, any plans to deal with 

21           that?  

22                  CHAIRWOMAN WEINSTEIN:  Thank you.  So 

23           we're going to send it back to the Senate, to 

24           Senator Krueger.


                                                                   422

 1                  CHAIRWOMAN KRUEGER:  I was just 

 2           writing you a note that I'd be happy to go 

 3           after all the Assemblymembers.  But now that 

 4           you've called on me --

 5                  CHAIRWOMAN WEINSTEIN:  I called on 

 6           you.

 7                  CHAIRWOMAN KRUEGER:  That's okay.  

 8           thank you very much, Helene.  

 9                  I just really want to thank both of 

10           you.  You know, everybody does understand, no 

11           matter where you're elected, pretty much the 

12           most important issue that constituents bring 

13           to you over and over again is the quality of 

14           education for their children, because that's 

15           what they care about.  And so, you know, 

16           people get hot under the collar, everybody 

17           likes to point fingers and blame somebody 

18           else.  And I just want to say I think one of 

19           the lessons all of us have learned during 

20           COVID -- we've all of us made mistakes 

21           because we didn't know what we were doing and 

22           we were trying to come up with answers 

23           literally day by day -- was how 

24           extraordinarily hard the work is that 


                                                                   423

 1           teachers in our schools, and principals, and 

 2           everyone else who works in our schools does.  

 3                  And even though there are lots of 

 4           things that fell by the wayside and we 

 5           haven't really figured out totally, I think 

 6           that this was an extraordinary opportunity 

 7           where people started to think through more 

 8           new innovative things that can work when 

 9           you're not under the pressure of 25 percent 

10           COVID rates.

11                  And so I am hoping that you will work 

12           with us as we move forward to understand, 

13           one, how we all need to be better prepared 

14           for the next time -- because I fear there 

15           will be a next time -- but then also that 

16           there were new opportunities, I think, for us 

17           to make our schools even better and address 

18           the needs of the teachers and principals and 

19           parents and children by actually using some 

20           of the new technology and some of the new 

21           ideas that we never would have even imagined 

22           trying.  

23                  So I'm hoping that to some degree we 

24           can all think-tank that together statewide as 


                                                                   424

 1           we move forward.  And I think that the new 

 2           Regents actually are very interested in doing 

 3           that.  And we heard from the chancellor of 

 4           New York City earlier who seems basically to 

 5           be open to the things that work.  And I think 

 6           that's exactly what both of you gentlemen, on 

 7           behalf of your members, want also.  We want 

 8           models that work for our kids.

 9                  So I'm not asking you to answer 

10           necessarily now, I'm just asking you, you 

11           know, to help everyone think through what 

12           were the good and bad lessons learned and how 

13           do we take the good from it going forward.

14                  MR. MULGREW:  Thank you.  We 

15           appreciate that.  We're actually quite 

16           excited.  If we can finally get through the 

17           damn thing, we're quite excited about some of 

18           the things that we've learned.  And there was 

19           some good that came out of this in terms of 

20           really looking at different ways of engaging 

21           students.

22                  CHAIRWOMAN KRUEGER:  I think so too.

23                  MR. PALLOTTA:  We saw it throughout 

24           the state when we went to certain districts, 


                                                                   425

 1           and I'll highlight White Plains was one of 

 2           the districts we went to, where the 

 3           superintendent, the union, the parents, 

 4           students, all on the same page.  And doing 

 5           great things.

 6                  So we know that in those difficult 

 7           times, people were able to come together.  

 8           Right?  And this is what we've seen pretty 

 9           much all over the state.

10                  CHAIRWOMAN KRUEGER:  Thank you both.

11                  CHAIRWOMAN WEINSTEIN:  Thank you.  Now 

12           we go to Assemblywoman Glick.

13                  ASSEMBLYWOMAN GLICK:  Thank you.  It's 

14           good to see you both.

15                  PRESIDENT MULGREW:  Nice to see you.

16                  ASSEMBLYWOMAN GLICK:  And thank you on 

17           behalf of all of the teachers and school 

18           staff for everything that you've done through 

19           this extraordinary time.

20                  Let me just ask you quickly, we've 

21           talked about the social-emotional learning.  

22           The flip side of that is disruptions and 

23           disruptive behavior.  And, you know, I'm very 

24           concerned about -- and have been -- about 


                                                                   426

 1           safety in the schools.  It used to be 

 2           bullying.  Sort of, you know, it's expanded 

 3           into actually, you know, more acting out.

 4                  And I'm wondering what the experience 

 5           has been of teachers in dealing with this and 

 6           what other supports they may have or need 

 7           that we should be thinking about as we go 

 8           forward with the budget.

 9                  MR. MULGREW:  I'm going to do this 

10           quick because I know Andy wants to talk about 

11           that statewide.  

12                  The first couple of weeks of September 

13           were good and then we started to see the 

14           manifestation of the bad behavior, of acting 

15           out and different things of that nature.  

16                  Our Member Assistance Program at the 

17           union, we had to add more personnel into it 

18           and it's still completely overwhelmed.  

19           Thankfully we have a lot of people who 

20           volunteer, psychologists and social workers 

21           who volunteer and do groups, group counseling 

22           for the teachers.  

23                  It's tough what everyone's going 

24           through.  And when you go into a school, you 


                                                                   427

 1           have the adults and the children all in one 

 2           place, being greatly affected, and now being 

 3           put back into a school where they're rigidly 

 4           following all of the rules of COVID still.  

 5           So it's not the best scenario in terms of 

 6           trying to work through the social-emotional 

 7           aspects.  Challenges, really.  They're 

 8           challenges, because there's been so much harm 

 9           that has been done.

10                  So the teachers are -- this is going 

11           to -- we're going to need to put more 

12           supports in for teachers.  And whether that's 

13           an expansion of member assistance programs 

14           for teachers, that would be one way to do it.  

15           But we have to do something.  

16                  But I know Andy would like to speak 

17           about that, to what's gone on throughout the 

18           state.

19                  MR. PALLOTTA:  Thank you, Michael.

20                  So we're working on creating at NYSUT 

21           a member assistance program which I believe 

22           will have a great impact.  

23                  We've seen the behaviors that you're 

24           talking about.  We also know that during this 


                                                                   428

 1           time the critical shortage in staffing has 

 2           created even more problems.  Right?  So in 

 3           some districts you couldn't get bus drivers, 

 4           right, because they were out sick.  And then 

 5           if you got the bus drivers you didn't have 

 6           the paraprofessionals, or you had the 

 7           teachers absent and you couldn't get 

 8           substitutes.  So we had one crisis after 

 9           another with getting enough staff to actually 

10           run a school. 

11                  So we saw it during the height of 

12           COVID, and we also now look forward to these 

13           numbers -- we're seeing them drop, we're 

14           encouraged by that drop, but we also know 

15           that we could be back there again.  

16                  So we appreciate what the Governor has 

17           done with some of the streamlining, the money 

18           that's in the budget on training for bus 

19           drivers.  It was a really critical time 

20           during this last surge that there were 

21           shortages everywhere.  

22                  ASSEMBLYWOMAN GLICK:  Thank you.

23                  MR. MULGREW:  Thank you.

24                  CHAIRWOMAN WEINSTEIN:  We have one 


                                                                   429

 1           Assemblymember left to close out, 

 2           Mike Reilly, who seems to be our finisher on 

 3           this hearing.

 4                  PRESIDENT MULGREW:  Reilly, you're the 

 5           finisher.

 6                  ASSEMBLYMAN REILLY:  Thank you, Madam 

 7           Chair.  I'm sorry, I had to pull over and 

 8           make sure that I got into a good spot before 

 9           I hit my button.

10                  (Laughter.)

11                  ASSEMBLYMAN REILLY:  I actually wanted 

12           to -- you know, I was listening to the entire 

13           testimony.  And Michael and Andrew, thank you 

14           so much for doing this and sharing.

15                  But mayoral control is something that 

16           when -- Michael, when you brought it up, it 

17           really struck home.  Because as you know, as 

18           a former member of the CEC 31, I advocated 

19           for several years on this front.  

20                  One issue that you mentioned that 

21           really strikes a nerve with me every time is 

22           being able to remove a member at any time, 

23           the appointing authority.  And, you know, I 

24           understand my colleagues in the 


                                                                   430

 1           Legislature -- I spoke about this last year 

 2           when they tried to add the letter that they 

 3           have to send saying why they removed a 

 4           member.  

 5                  I think it doesn't go far enough to 

 6           have a checks and balances, because you can 

 7           still remove them regardless of sending the 

 8           letter.  I think there has to be a point 

 9           where we say they can only be removed for 

10           good cause.  Or just cause.  

11                  And, you know, one of the things that 

12           I speak about -- and I have legislation on 

13           it.  But it's about having the PEP vote on 

14           the member being removed.  And I think that 

15           could be a chance.  And especially adding 

16           that extra parent that some have been 

17           advocating about for over a decade.  

18                  So I appreciate the take on that.  But 

19           what do you think about that, about adding 

20           more accountability on removing a -- 

21                  MR. MULGREW:  Yeah, I think that's 

22           something that has to be looked at because 

23           whether you do a fixed term and then say once 

24           someone is appointed, unless there's just 


                                                                   431

 1           cause, that member cannot be removed from the 

 2           panel by the person or the entity that 

 3           appointed them.  Something along those lines.  

 4                  Because -- and in New York City, and 

 5           at the state level, everybody keeps saying, 

 6           well, if you change anything, it's not 

 7           mayoral control.  It's just not true.  

 8           People, I'll give you the book.  It's just 

 9           not true.  There's all different versions of 

10           mayoral control.  We're the only city who 

11           gave absolute power to one office.  The only 

12           city that did it this way.

13                  So it's just -- and the parents -- and 

14           I don't believe any of the mayors have went 

15           out and said, I'm going to silence parents' 

16           voice.  But it happened.  And it happens over 

17           and over.  Why?  Because in the end you're 

18           running a city, there's all sorts of other 

19           things going on.  The Department of Education 

20           has parents all the time.  They have this 

21           huge bureaucracy.  In the end, it's just easy 

22           to say, all right, I'll have a meeting but 

23           I'm not going to do anything for you.  

24           Therefore, you're silencing the parents' 


                                                                   432

 1           voice.

 2                  So just put in something that changes 

 3           that dynamic.  And I think, you know, fixed 

 4           terms with only a just cause for removal 

 5           would help that.  

 6                  And also I think it's time that we put 

 7           two parent members on the panel that are 

 8           voted for by the parents.  You would have 

 9           been eligible to be one of the parents who 

10           could have been put on the panel, voted on.  

11           I think it's time that we do that.  Because 

12           that's the way that people will stop ignoring 

13           the parents.  So there will be parents who 

14           are there because they're elected 

15           representatives of the parents of New York 

16           City, not a parent who's been appointed by a 

17           political -- or an elected official.

18                  ASSEMBLYMAN REILLY:  Thank you, 

19           Michael.  Thank you, guys.

20                  PRESIDENT MULGREW:  Get home safe.

21                  ASSEMBLYMAN REILLY:  Thank you, Madam 

22           Chair.  Thank you.

23                  (Pause.)

24                  PRESIDENT MULGREW:  I guess we're 


                                                                   433

 1           done?

 2                  PRESIDENT PALLOTTA:  Thank you.

 3                  PRESIDENT MULGREW:  Thanks, bye.

 4                  (Overtalk.)

 5                  CHAIRWOMAN WEINSTEIN:  No, don't go 

 6           yet.  Don't go.  I believe we have a late 

 7           starter, Assemblyman Smith, our ranker on 

 8           Education, for three minutes.

 9                  ASSEMBLYMAN SMITH:  I've been with the 

10           hearing the entire time.  I had some tech 

11           issues up in Albany, and then I had to run 

12           back to Long Island -- but it may shock 

13           everybody, I made it back to Long Island, to 

14           my desk before I had to --

15                  (Overtalk.)

16                  PRESIDENT PALLOTTA:  That's 

17           impressive.

18                  ASSEMBLYMAN SMITH:  So thank you for 

19           the time.  I've been listening the entire 

20           time, so I appreciate a lot of the comments.  

21           And I like asking questions last because a 

22           lot of the issues have already been 

23           addressed.

24                  So two issues that I wanted to see if 


                                                                   434

 1           you could weigh in on, both of you.  And 

 2           again, thank you for joining us.

 3                  Obviously we're looking at the 

 4           possibility -- well, the very real 

 5           possibility of a teacher shortage crisis.  

 6           This is something that I've been talking to 

 7           Betty Rosa about, Dr. Betty Rosa.  She's 

 8           done, I think, a good job trying to address 

 9           this.

10                  What do you think we could be doing to 

11           engage people to -- you know, we've had an 

12           issue of burnout, as you mentioned, for the 

13           anti-teacher sentiment and then the 

14           accountability, or over-accountability, and 

15           now we have this pandemic -- to get people to 

16           take this on as their second career?  

17                  And I speak as somebody who was in the 

18           classroom.  You know, I think we need to get 

19           people as that second career.

20                  PRESIDENT MULGREW:  Andy?

21                  PRESIDENT PALLOTTA:  Assemblymember, 

22           I'll tell you my story.  I worked for Chase 

23           Manhattan Bank and was looking to make a 

24           difference.  Right?  And at 25 years old, 


                                                                   435

 1           left the bank, became a teacher, and loved it 

 2           all along.

 3                  So this is something where there is a 

 4           great need.  And there is so much that can be 

 5           done by a teacher in this society.  So we 

 6           need to get that message out there.  And I 

 7           believe that now, with the Governor that we 

 8           have and the Legislature that we have, the 

 9           commissioner, the chancellors, we have all 

10           positive emotions about being a teacher now.  

11           It's not what it used to be when we had the 

12           previous Governor.  So that in itself turns 

13           things around.

14                  And then we have to take off from 

15           their plates the busywork, things that are 

16           meaningless.  And the waste of time preparing 

17           for tests that don't adequately assess 

18           children.  So I think -- I want to give time 

19           to Michael so I'm going to pass it off to 

20           him.  Go ahead, Michael.

21                  PRESIDENT MULGREW:  The intrinsic 

22           value or intrinsic compensation that you get 

23           from teaching is immeasurable.  I still 

24           believe that there are many people in our 


                                                                   436

 1           society who have those same values.  But the 

 2           profession itself has gone through some -- 

 3           quite a bit of turmoil, and a lot of people 

 4           who even try to get into the profession, they 

 5           leave very quickly because they say, This is 

 6           not what I ever thought it was going to be.

 7                  Number one exit interview -- the 

 8           number one issues on the exit interview are, 

 9           one, it's a much more difficult profession 

10           than I thought.  Two, there's no one here to 

11           support me, all they do is keep making me do 

12           busywork.  That's the piece that has to 

13           change.  So in terms of how we train and then 

14           what we're asking our schools to do.  

15                  Just think about every time there's 

16           another accountability measure passed, 

17           whether it's at the federal level, the state 

18           level, or even at a school district level.  

19           It's just added on paperwork to a teacher.  

20           That's all it ever becomes, added-on 

21           paperwork --

22                  ASSEMBLYMAN SMITH:  Thank you both, 

23           and thank you for joining us on that.  I 

24           agree with you all heartily.


                                                                   437

 1                  PRESIDENT PALLOTTA:  Thank you.  

 2                  CHAIRWOMAN WEINSTEIN:  So I believe we 

 3           are finished with this panel.

 4                  PRESIDENT MULGREW:  Are we finished?  

 5           Thank you so much.

 6                  CHAIRWOMAN WEINSTEIN:  Now everybody 

 7           could wave goodbye.

 8                  MR. PALLOTTA:  Thank you.

 9                  MR. MULGREW:  Thank you.  Have a good 

10           rest of the session.

11                  PRESIDENT PALLOTTA:  Have a great 

12           evening.  Appreciate all you're doing.

13                  CHAIRWOMAN KRUEGER:  Thank you.

14                  CHAIRWOMAN WEINSTEIN:  Thank you.

15                  As the sun starts to set in Albany, we 

16           go on to Panel B, which is the Conference of 

17           Big 5 School Districts, actually along with 

18           Mount Vernon.  So we have the Conference of 

19           Big 5 School Districts, Jennifer Pyle, 

20           executive director; Syracuse City School 

21           District, Jaime Alicia, superintendent; 

22           Kriner Cash, superintendent, Buffalo Public 

23           Schools; Lesli Myers-Small, superintendent, 

24           Rochester City School District; Yonkers 


                                                                   438

 1           Public Schools, Edwin Quezada, 

 2           superintendent; Albany City School District, 

 3           Kaweeda Adams, superintendent; Mount Vernon 

 4           City School District, Kenneth Hamilton, 

 5           superintendent.  

 6                  So each of these witnesses will have 

 7           three minutes.  I really encourage you to 

 8           please stay to the three-minute mark.  The 

 9           clock should be in the upper left-hand 

10           corner.  And once you have all presented, we 

11           will then call on some Assemblymembers to ask 

12           questions.  

13                  But if you can go in that order, that 

14           would be best. 

15                  CHAIRWOMAN KRUEGER:  We might even be 

16           willing to call in a few Senators also.

17                  CHAIRWOMAN WEINSTEIN:  Oh, of course.  

18           I'm sorry.

19                  CHAIRWOMAN KRUEGER:  I'm sorry too, 

20           I'm just -- 

21                  (Laughter.)

22                  CHAIRWOMAN WEINSTEIN:  Legislators 

23           will be --

24                  CHAIRWOMAN KRUEGER:  You know, this is 


                                                                   439

 1           Day 2, and it's another long one.

 2                  CHAIRWOMAN WEINSTEIN:  The legislators 

 3           will be asking questions.

 4                  CHAIRWOMAN KRUEGER:  Thank you, 

 5           Assemblywoman Weinstein.

 6                  CHAIRWOMAN WEINSTEIN:  So Jennifer, 

 7           are you here to start?

 8                  EXECUTIVE DIRECTOR PYLE:  Sure.  Sure.  

 9           Yes, sorry about that.  

10                  So as you all know, I serve as 

11           executive director of the Conference of Big 5 

12           School Districts.  We actually represent 

13           Buffalo, New York City, Rochester, Syracuse, 

14           Yonkers, Albany, Mount Vernon, and Utica city 

15           school districts.  Thank you for allowing us 

16           to testify today and for your steadfast 

17           commitment to serving the needs of urban 

18           education in New York State.

19                  I also want to take a moment to thank 

20           you for your extraordinary efforts resulting 

21           in the Foundation Aid phase-in and receipt of 

22           the federal resources necessary to enable our 

23           school districts to meet pressing 

24           COVID-related needs.


                                                                   440

 1                  We're pleased that the Executive 

 2           Budget maintains the Foundation Aid phase-in 

 3           and provides full funding for expense-based 

 4           aids.  We're also grateful for the inclusion 

 5           of the $100 million in funding under the 

 6           proposed Recover from School program to 

 7           support critical social-emotional issues and 

 8           learning loss.

 9                  We continue to have serious concerns 

10           with regard to the current charter school 

11           funding system.  Charter school expansion in 

12           saturated school districts must be limited, 

13           and enhanced accountability measures applied 

14           to ensure that enrollment accurately reflects 

15           district-pupil demographics.

16                  Furthermore, the New York State Board 

17           of Regents must be given the final say when 

18           it comes to approval of new or expansion of 

19           existing charter schools.  All too often SUNY 

20           has failed to adequately review applications 

21           and continues to exploit loopholes in the 

22           current statute.

23                  Our school districts operate some of 

24           the most innovative and successful CTE 


                                                                   441

 1           programs in the state, and we're continuing 

 2           to grow these programs.  We ask you to 

 3           increase the Special Services Aid per-pupil 

 4           formula-based funding cap and to expand it to 

 5           capture students beginning in Grade 9.  

 6                  The Big 5 school districts appreciate 

 7           the Governor's ongoing commitment to funding 

 8           pre-kindergarten programs.  However, the 

 9           funding levels have not been adjusted to 

10           reflect the actual costs.  The state must 

11           commit to fully funding pre-kindergarten for 

12           high-need urban school districts.

13                  Each of our school districts provide 

14           valuable health services to their students.  

15           Unfortunately, funding for these services has 

16           been frozen for many years.  We urge you to 

17           provide additional targeted school health 

18           funding for all member districts to assist 

19           them with increased demands.

20                  We support the Governor's inclusion of 

21           the retiree earning waiver extension and ask 

22           you to ensure this is incorporated in the 

23           final budget.  This will provide school 

24           districts with another avenue by which to 


                                                                   442

 1           pursue filling vacancies in many shortage 

 2           areas.  

 3                  We applaud the Governor for proposing 

 4           the long-overdue comprehensive solution to 

 5           Building Aid and Transportation Aid 

 6           penalties.  School districts should not be 

 7           penalized for clerical errors.

 8                  I'd like to take a moment to thank the 

 9           New York State Education Department, 

10           Chancellor Young and Commissioner Rosa for 

11           their unwavering commitment to supporting our 

12           school districts throughout the pandemic.  We 

13           urge you to reject the Governor's proposal to 

14           shift the responsibility for the child 

15           nutrition programs from the State Education 

16           Department to Agriculture and Markets.  This 

17           change would up-end a program that's 

18           exceptionally well run and create unnecessary 

19           confusion and strain for school districts.

20                  Thank you again for this opportunity.  

21           We look forward to working with you in the 

22           coming weeks, and remain available to answer 

23           any questions.

24                  CHAIRWOMAN WEINSTEIN:  Thank you.


                                                                   443

 1                  If you can just go on in order.  So 

 2           Syracuse, can we go next?

 3                  SYRACUSE SUPERINTENDENT ALICEA:  Thank 

 4           you.  Good afternoon, everyone.  I am Jaime 

 5           Alicea.  I have the privilege of serving the 

 6           students, families and staff in the City of 

 7           Syracuse.  And I appreciate the opportunity 

 8           to be here today to discuss the Executive 

 9           Budget and the potential impact it will have 

10           on the students in the Big 5 school 

11           districts, and especially on the students in 

12           Syracuse.

13                  First, I want to say thank you.  I 

14           want to take a moment to really commend you 

15           and thank you for securing over $150 

16           million in federal stimulus funding for 

17           Syracuse and for your statutory commitment to 

18           fully fund Foundation Aid.  The Legislature 

19           deserves tremendous credit for your efforts 

20           to deliver and allocate unprecedented 

21           financial support to schools during the 

22           pandemic.

23                  I can tell you that in Syracuse we 

24           have used this funding to add counselors at 


                                                                   444

 1           all the elementary schools.  We added more 

 2           social workers and social worker assistants.  

 3           We also hired teachers and teacher assistants 

 4           and open reading and math intervention 

 5           classrooms in all our elementary and middle 

 6           schools.

 7                  As a result of your commitment to fund 

 8           public education, the children of the 

 9           Syracuse city school district are underway to 

10           academic recovery and success.  So thank you 

11           for believing in our kids and showing your 

12           support with financial resources long term.  

13                  Please understand that the increased 

14           needs of children post-pandemic will continue 

15           long after the stimulus funds have expired.  

16           Therefore, your continued financial support 

17           is crucial and needed.  

18                  There's some areas that I would like 

19           to talk to you about.  One is the funding 

20           cliff.  I remain deeply concerned about the 

21           funding cliff looming once the federal 

22           stimulus funds have been exhausted.  Syracuse 

23           has no ability to generate local revenue, 

24           given our fiscal dependency on the city.  


                                                                   445

 1           Student needs for academic and 

 2           social-emotional supports will not dwindle 

 3           when funds expire.  Again, thank you for 

 4           putting students first.  

 5                  I would like for you to use the 

 6           funding formula to provide aid to our 

 7           students with special needs, ELL students, 

 8           and our students living in extreme poverty by 

 9           utilizing updated census data and poverty 

10           measures, weighting ELL students and 

11           increasing weighting on special-needs 

12           students.  

13                  Also, in the area of healthcare, 

14           nurses are essential to the daily operation 

15           of our schools and should be properly funded 

16           as an expense-based aid.  The current funding 

17           rate has been flat for more than a decade.  I 

18           recommend a student-to-nurse ratio of 300 to 

19           1, which will double the amount of nurses in 

20           our schools.

21                  I know my time is running out.  And 

22           for Career and Technical Education, we have 

23           talked in the past about including funding 

24           for ninth-grade students participating in our 


                                                                   446

 1           CTE program.  

 2                  So thank you for the opportunity of 

 3           sharing this information with you today.

 4                  CHAIRWOMAN WEINSTEIN:  Thank you.

 5                  Now we'll hear from Buffalo.

 6                  BUFFALO SUPERINTENDENT CASH:  Yes, 

 7           good afternoon, colleagues.  Thank you for 

 8           taking the time to hear our testimonies from 

 9           the Big 5 school districts.

10                  We certainly support, applaud and 

11           appreciate the Governor's budget proposals.  

12           I want to echo what my colleague from 

13           Syracuse said; the Buffalo city school 

14           district is pleased to support Governor 

15           Hochul's signature education proposals, 

16           including and especially the 2.1 billion 

17           increase in education funding, the continued 

18           phase-in of the Foundation Aid, full funding 

19           of current statutory formulas, 

20           pandemic-related responses, and several new 

21           or expanded grant programs.  Those will 

22           assist the Buffalo City School District 

23           tremendously.

24                  Our health services grant was 


                                                                   447

 1           mentioned by Jennifer Pyle.  We would like to 

 2           see a specific $3 million increase in our 

 3           health services allocation, bringing the 

 4           total to $8.3 million.  This of course will 

 5           help us with the escalating costs of 

 6           health-related services, which were climbing 

 7           before pandemic and now are really at a level 

 8           that is compromising services for our 

 9           students.

10                  Our Special Services Aid -- this is 

11           important, I'll succinctly state it -- 

12           increase the per-pupil cap under Special 

13           Services Aid and expand the funding to cover 

14           ninth-grade students participating in CTE 

15           programs.  Ninth grade.  We have some 

16           extraordinary and innovative CTE programs.  

17           We want to include this cost to reach 

18           ninth-grade students.

19                  Pre-kindergarten programs, increase 

20           funding for pre-kindergarten programs to 

21           reduce the local share cost and allow us to 

22           expeditiously expand to 3-year-old 

23           programming.  We're really getting into what 

24           we call prenatal to post-secondary education.  


                                                                   448

 1           We see that whole continuum as our 

 2           responsibility, and we want to now expand to 

 3           3-year-old programming.

 4                  Jennifer Pyle explained the charter 

 5           school tuition and charter school requests 

 6           that we have and that we share with our other 

 7           Big 5 colleagues.  These requests are already 

 8           being championed by many of our legislators, 

 9           and so I won't need to go into those deeply 

10           with you.  But simply, the charter school 

11           reimbursement fund at 100 percent in the 

12           current year -- the proliferation of startup 

13           charters in Buffalo, for example, are mainly 

14           in the pre-K or K-8 space, and we don't need 

15           them here.  There's no evidence of need here.  

16           So we want the Board of Regents to authorize 

17           the charter schools going forward.  

18                  And then we want to make sure that 

19           when a school does close, that an independent 

20           receiver comes in and makes sure that all the 

21           assets come back to the public school 

22           district so that we can continue to support 

23           re-enrolled children.

24                  Thank you.


                                                                   449

 1                  CHAIRWOMAN WEINSTEIN:  Thank you.

 2                  So now we will go to Rochester.

 3                  ROCHESTER SUPT. MYERS-SMALL:  I am 

 4           Dr. Lesli Myers-Small, superintendent of the 

 5           Rochester City School District.  It's an 

 6           honor to have the opportunity to discuss the 

 7           impact of the Executive Budget on our 

 8           district.

 9                  Rochester is one of the highest-needs 

10           school districts in New York State.  We serve 

11           almost 24,000 students, of which 22 percent 

12           are students with disabilities and 4,000 are 

13           English language learners.  

14                  We have been actively working to 

15           address concerns around school safety and 

16           social-emotional health, as we have 

17           experienced an increase in acts of school 

18           violence.  Sadly, 11 students died as a 

19           result of gun violence, and far too many of 

20           our students experience trauma.

21                  As we continue to grapple with this, 

22           we are addressing academic achievement.  We 

23           are working with multiple stakeholders in our 

24           efforts to become a high-performing school 


                                                                   450

 1           district.  Indicators of success indicate 

 2           greater access to diverse programming, 

 3           increasing graduation rates and improving 

 4           school performance indicators.  

 5                  I am proud to report that our fiscal 

 6           strength is improving.  We were able to 

 7           forego the need for our revenue anticipation 

 8           note in '21-'22.  The district's Moody's and 

 9           S&P ratings moved from negative to stable.

10                  Despite this, the Fitch rating for 

11           Monroe County was reduced, given the 

12           saturation of charter schools.  Which brings 

13           me to the district's priorities relative to 

14           the Executive Budget.  

15                  Moratorium on charter schools.  That's 

16           been mentioned.  We found approximately 

17           $105 million to support nearly 7,000 students 

18           in 14 charter schools.  Three additional 

19           schools will be opening next year.  We ask 

20           that the state act in saturated school 

21           districts such as ours.

22                  Targeting funds for mental health and 

23           school climate.  The district's school health 

24           services funding has not kept pace with 


                                                                   451

 1           students' mental health needs and 

 2           social-emotional needs.  Additionally, we are 

 3           asking for school health services 

 4           reimbursements to meet the needs created by 

 5           COVID.

 6                  Addressing teacher, nurse and 

 7           certificated staff shortages.  One way to 

 8           mitigate this issue is to extend the waiver 

 9           of the $35,000 retiree earning cap.  

10                  We are asking the state to fund 

11           full-day pre-K programs at 100 percent for 

12           high-needs school districts.  We cannot 

13           afford to shoulder the unplanned expenditure 

14           of preschool special education students at a 

15           cost of $20,000 per student.  

16                  We are also requesting additional 

17           funding that is equitable for our ELL 

18           students, as they have significant academic 

19           and emotional needs.  

20                  The impact of the proposal to amend 

21           Transportation Aid from actual expenditures 

22           to formula-based aid will have significant 

23           fiscal implications for our district.  It is 

24           vital that this remains aligned to actual 


                                                                   452

 1           expenditures.

 2                  In closing, I want to express my 

 3           sincere gratitude for your support of the 

 4           Rochester City School District.  I value our 

 5           partnership as we work together to ensure our 

 6           scholars receive the best opportunities for a 

 7           high-quality education.

 8                  Thank you.

 9                  ASSEMBLYMAN BENEDETTO:  Rochester, we 

10           thank you. 

11                  I have taken over ever so briefly for 

12           our chairwoman.  And so we will go on to 

13           Yonkers.

14                  YONKERS SUPERINTENDENT QUEZADA:  Good 

15           afternoon, distinguished legislators.  Thank 

16           you for the opportunity to share with you 

17           part of my testimony respectfully submitted 

18           on behalf of the Yonkers Public Schools. 

19                  Let me begin by expressing my 

20           gratitude to you for the tremendous support 

21           that you have provided throughout the years 

22           for the City of Yonkers and the Yonkers 

23           Public Schools.  This support is perhaps best 

24           reflected in the chart found on page 1 of my 


                                                                   453

 1           testimony.  From 2014 to today, the 

 2           Legislature has increased Yonkers' 

 3           Foundation Aid by 78.5 million.  During that 

 4           same period, our students' on-time graduation 

 5           rate has soared to 90.7 percent, an increase 

 6           of 15 percentage points since 2014.

 7                  With your support and the support 

 8           received from the American Rescue Plan, the 

 9           district has not only enhanced our community 

10           school model, but also exponentially 

11           increased the wraparound services that we 

12           offer to our students and their families.  

13           Clearly investment matters, consistency in 

14           leadership matters, and we thank you.  

15                  Since 2014, I have been speaking to 

16           you about sustainable solutions for student 

17           success.  This is the year to set the 

18           conditions for sustainable recurring revenue 

19           to be allocated to our schools.  To that end, 

20           Yonkers is asking you to consider some 

21           salient recommendations to address the 

22           structural fiscal challenge impacting the 

23           school district.  If these recommendations 

24           are adopted, your investment will produce 


                                                                   454

 1           sustainable solutions for Yonkers student 

 2           access next year and for decades to come.

 3                  Please consider increasing Yonkers' 

 4           pre-K universal allocation from 20 million to 

 5           30 million, as well as increasing the numbers 

 6           of seats for 3-year-olds from 136 to 225; 

 7           guaranteeing free access to internet for all 

 8           children living in poverty across our state; 

 9           increasing Yonkers' Textbook, Software and 

10           Library materials allocation to $5 million.  

11           Increasing our health services allocation 

12           from 1.2 to 7.8 million dollars, and 

13           including Grade 9 students statewide in the 

14           CTE allocation.  Yonkers has 1300 Grade 9 

15           students taking CTE courses.  Increasing 

16           Yonkers' VLT allocation from 19.6 million to 

17           25 million.  Increasing Yonkers Academic 

18           Enhancements Aid from 17 million to 

19           22 million, and increasing funding 

20           allocations for multilingual learners and 

21           students with disabilities.  

22                  These recommendations have the 

23           potential to generate over 30 million in 

24           recurrent sustainable revenue for Yonkers 


                                                                   455

 1           public schools.

 2                  And finally, allow me to underscore 

 3           the importance of addressing Yonkers' 

 4           critical infrastructure needs.  This is the 

 5           year to appropriate equitable funding to 

 6           address our aging infrastructure:  Change 

 7           Yonkers' reimbursement from 73.5 to 

 8           90 percent, and appropriate a block grant of 

 9           100 million to rectify the safety concerns in 

10           our schools and to begin constructing two 

11           additional new schools.

12                  I thank you for your time, and have a 

13           good evening.

14                  CHAIRWOMAN WEINSTEIN:  Thank you, and 

15           now we move on to Albany.

16                  ALBANY SUPERINTENDENT ADAMS:  Good 

17           evening.  My name is Kaweeda Adams, and I'm 

18           the superintendent for the City School 

19           District of Albany.  

20                  I begin by saying thank you for your 

21           advocacy, support and follow-through 

22           regarding the continued phase-in of our 

23           Foundation Aid funding.  This increase in 

24           Foundation Aid enables us to fulfill our 


                                                                   456

 1           commitment to the social and emotional mental 

 2           health supports that our students need and 

 3           deserve.  We know that this work is critical, 

 4           as was evident through our stakeholder survey 

 5           conducted last spring.  Our Foundation Aid is 

 6           enabling us to increase our social and 

 7           emotional staffing positions, approximately 

 8           18 positions, within two years, this year and 

 9           next year, to include school nurses, social 

10           workers, school psychologists, behavioral 

11           specialists, and guidance counselors.  

12                  In addition, we thank you for your 

13           continued support of our community schools 

14           model so that we are able to meet the needs 

15           of our at-risk communities with the built-in 

16           clinics and on-site wraparound services for 

17           our families.

18                  As you know, Albany is a resettlement 

19           city, and our community and our school 

20           district experienced significant growth in 

21           our refugee and immigrant population.  

22           Through October of this current school year, 

23           we welcomed 230 new ELL students to our 

24           district, 100 more than the previous year.  


                                                                   457

 1           Your continued support and commitment to 

 2           Foundation Aid funding in part supports our 

 3           ELL population, and it enables us to restore 

 4           and expand our Albany International Center, 

 5           designed to meet the needs of our ELL 

 6           students in Grades 6 through 12 and now 

 7           Grades K through 5.

 8                  We would be remiss if we did not take 

 9           the time to acknowledge the work of 

10           Assemblymember Pat Fahy and Senator Robert 

11           Jackson regarding their sponsorship of the 

12           child safety zone legislation.  We are so 

13           appreciative of the legislators and Governor 

14           Hochul for supporting this state's 

15           Transportation Law, which expands the 

16           criteria for child safety zones.  

17                  Finally, we will continue our advocacy 

18           for the state to address the charter school 

19           concerns already shared by my colleagues.  In 

20           addition, we continue our advocacy for the 

21           state to update the funding formula for 

22           pre-kindergarten in a more equitable manner.  

23           This is incredibly important for Albany and 

24           districts like Albany, who were early 


                                                                   458

 1           adopters of full-day pre-kindergarten.  Our 

 2           district invests over a million dollars from 

 3           our local budget to bridge that gap.

 4                  Currently we experience about a 

 5           39 percent staffing turnover rate, which has 

 6           been consistent over the last three years.  

 7           Districts have challenges delivering early 

 8           childhood curriculum respectful of culturally 

 9           responsive teaching and learning best 

10           practices, certification of faculty and 

11           staff, facilitating comprehensive salaries, 

12           providing summer programs, and offering 

13           training opportunities to address the 

14           social-emotional learning of our pre-K 

15           students.

16                  We strongly advocate for raising the 

17           pre-K funding for school districts that were 

18           early implementers of the full-day 

19           kindergarten, in order to align with more 

20           recent funding streams in order to support 

21           the foundation of our youngest learners.

22                  Again, we thank you for your unending 

23           support and advocacy for equitable 

24           opportunities for all of our students.


                                                                   459

 1                  Thank you.

 2                  CHAIRWOMAN WEINSTEIN:  Thank you.

 3                  So Mount Vernon, Kenneth Hamilton.

 4                  THE MODERATOR:  We seem to be missing 

 5           Superintendent Hamilton.  If --

 6                  CHAIRWOMAN WEINSTEIN:  Okay, so --

 7                  THE MODERATOR:  -- they come back, we 

 8           will certainly let you know.

 9                  CHAIRWOMAN WEINSTEIN:  Okay.  So then 

10           we're ready to go to member questions.  And I 

11           think we'd like to actually start with the 

12           Senate, Senator Krueger, and your Education 

13           chair.

14                  CHAIRWOMAN KRUEGER:  Very good.  Happy 

15           to do that.

16                  Shelley Mayer, our Education chair.

17                  SENATOR MAYER:  Thank you, Senator 

18           Krueger.  And thank you to these fantastic 

19           leaders of the Big 5 and beyond for making it 

20           through an incredibly challenging time.  A 

21           special shout out to my own superintendent, 

22           Dr. Quezada, on behalf of myself and the 

23           Majority Leader, who is on her way driving 

24           back from Albany.


                                                                   460

 1                  But, you know, Yonkers has managed to 

 2           stay open for a good deal of this time, which 

 3           is one of my questions.  I only have a little 

 4           bit of time.  Let me direct them to you, 

 5           Dr. Quezada first.

 6                  What are the things that schools like 

 7           Yonkers or your colleagues need in order to 

 8           stay open during these challenging times, 

 9           presuming we're going to have more challenges 

10           in the days ahead?

11                  YONKERS SUPERINTENDENT QUEZADA:  Well, 

12           first of all, thank you, Senator.  You have 

13           been a champion of this work and you know 

14           that we love you here in Yonkers.

15                  And for us to remain open, first of 

16           all, we need consistency as it relates to the 

17           message that is given to us as 

18           superintendents.  We certainly need the 

19           continuous support that came from the 

20           Governor with additional testing.  And we 

21           just need the commitment of everyone.  This 

22           is about creating conditions for students and 

23           believing that it is the best place for them 

24           to be in school, there is no choice as it 


                                                                   461

 1           relates to being in school.  

 2                  So it is about consistency, it's about 

 3           financial support, it's about having the 

 4           right message at all times.

 5                  SENATOR MAYER:  Secondly -- and a 

 6           number of your colleagues have mentioned 

 7           this -- for those of you who adopted full-day 

 8           pre-K before our expansion of it last year, 

 9           and it was previously a grant-funded program 

10           which you applied for and there was a limited 

11           pool of money, how has it been inadequate to 

12           meet the needs of your 4-year-olds?

13                  YONKERS SUPERINTENDENT QUEZADA:  Well, 

14           here in Yonkers, we have a full-day pre-K for 

15           every student that chooses to come to our 

16           school in pre-K.  The total cost is about 

17           $21 million.  Right now the appropriation is 

18           only about $13 million.  So the district is 

19           absorbing about $8 million, and it's very 

20           similar to my sister district here.  

21                  So certainly fully funding universal 

22           pre-K and 3-year-olds in our CBO is the way 

23           to go with our young people.

24                  SENATOR MAYER:  Thank you.  Yeah, 


                                                                   462

 1           we're very supportive of that.

 2                  None of you mentioned, I don't think, 

 3           the lack of internet capacity for all your 

 4           students, which we know -- maybe to 

 5           Dr. Quezada -- during the height of COVID has 

 6           been a really substantial challenge.

 7                  Do you have specific 

 8           recommendations -- I know there are products 

 9           out there, a number of districts have made 

10           arrangements with providers.  What is your 

11           view about how we can solve this problem so 

12           that every one of your kids has access in the 

13           event there's remote learning?

14                  YONKERS SUPERINTENDENT QUEZADA:  Well, 

15           access to the internet for all families 

16           living below the poverty level must be a 

17           responsibility of the State of New York.  

18                  And in addition to that, it's about 

19           establishing very strong relationships with 

20           the companies that are supposed to provide 

21           the services and ensuring that they create 

22           the conditions for internet access to come to 

23           all parts of our cities.

24                  We know that they know how to do it.  


                                                                   463

 1           With 4G and 5G, there's no reason why -- 

 2           every place in all of our big cities should 

 3           have access to internet right now.

 4                  So our state delegation, our Governor, 

 5           should come together with the companies 

 6           responsible for providing internet and saying 

 7           this is a prerequisite of being in our public 

 8           schools.

 9                  SENATOR MAYER:  Thank you very much.

10                  And thank you to all of you.  I'm 

11           sorry I didn't get more time with each of 

12           you, but thank you so much.

13                  SYRACUSE SUPERINTENDENT ALICEA:  Can I 

14           just make one quick comment?  I would like 

15           for the Smart Schools Bond Act to be 

16           considered for one more round.  That was the 

17           funding that we used to provide our students 

18           with the technology and with the hotspots for 

19           them to be connected.  

20                  So it would be great if there's 

21           another round for the smart schools bond act 

22           so we can continue to buy more technology for 

23           our students.

24                  SENATOR MAYER:  Thank you, 


                                                                   464

 1           Superintendent Alicea.  Thank you.

 2                  CHAIRWOMAN WEINSTEIN:  Thank you.

 3                  So now we go to the Assembly Education 

 4           chair, Assemblyman Benedetto.

 5                  ASSEMBLYMAN BENEDETTO:  

 6           Superintendents, thank you all for being here 

 7           today.  Thank you for waiting such a long 

 8           time.  It's just a long day, and you are to 

 9           be commended just for sitting around so long.  

10           But you don't have to sit around up in 

11           Albany, you can be back in your own 

12           districts, and that's a good thing.

13                  Listen, I'll ask you all your opinion.  

14           I do have a bill before me, and this bill 

15           basically it calls on amending the 

16           Education Law for requiring a psychologist in 

17           elementary, intermediate, middle, junior high 

18           schools and senior high schools.  And I think 

19           that also goes for social workers.  I want 

20           your opinion.  Is this workable?

21                  ALBANY SUPERINTENDENT ADAMS:  I'll 

22           jump in, because that's one of the things 

23           that we've looked at here in the City School 

24           District of Albany.  


                                                                   465

 1                  We recognize that there's a lot of 

 2           social-emotional needs of our children, and 

 3           so we have invested in our school 

 4           psychologists and all of those wraparound 

 5           services because we realize that, number one, 

 6           even pre-COVID there was a need in all of our 

 7           schools for those services.  COVID has only 

 8           exacerbated some of the issues that our 

 9           students are facing, which means that while 

10           we may have been, you know, one-to-one at 

11           every school, it's not enough to have only 

12           one school psychologist or one school nurse 

13           or one counselor or one social worker, 

14           because the needs are so great.

15                  And so we also know that we have to 

16           assist our families.  And so I think that 

17           absolutely that is the way to go.  Because 

18           yes, we can consequence the behavior so when 

19           we see all of these different behaviors that 

20           are happening, we can consequence the 

21           behavior.  But if we don't have the 

22           wraparound services from our school 

23           psychologists, social workers, behavioral 

24           specialists to get to the root cause of that 


                                                                   466

 1           behavior, that behavior will never change.

 2                  And so --

 3                  ASSEMBLYMAN BENEDETTO:  I'm going to 

 4           cut you off.  I understand.  

 5                  Other superintendents, you got 

 6           something for me?

 7                  UNIDENTIFIED PANEL MEMBER:  Answer, 

 8           yes.

 9                  SEVERAL PANELISTS:  Yes.

10                  SYRACUSE SUPERINTENDENT ALICEA:  We 

11           need to work closely with the colleges and 

12           universities.  It is hard to find 

13           psychologists in Central New York, so we need 

14           to do something with the colleges so they can 

15           provide more incentive to get more people in 

16           the field.

17                  BUFFALO SUPERINTENDENT CASH:  And in 

18           addition to that --

19                  ASSEMBLYMAN BENEDETTO:  So basically 

20           you're telling me that you would love to do 

21           this, maybe it might be done, but we need 

22           some assistance here from the higher ed 

23           sector.

24                  SEVERAL PANELISTS:  Yes, absolutely.


                                                                   467

 1                  BUFFALO SUPERINTENDENT CASH:  We also 

 2           need the financial support to be able to have 

 3           these psychologists in our schools.  And in 

 4           addition to that, there are phenomenal 

 5           community-based organizations providing 

 6           support in social-emotional.  We need to take 

 7           advantage of their services, because they 

 8           also understand the community very well.

 9                  ASSEMBLYMAN BENEDETTO:  That's not 

10           what this bill is talking about, but I 

11           appreciate what you're saying.  Thank you.  

12           Thank you.

13                  ROCHESTER SUPT. MYERS-SMALL:  I just 

14           want to add that absolutely any type of 

15           additional mental health support is 

16           important, but I would be remiss if I didn't 

17           add the importance of these practitioners 

18           being culturally relevant serving the 

19           students that we are responsible for in our 

20           respective districts.

21                  ASSEMBLYMAN BENEDETTO:  Point well 

22           taken.

23                  Thank you, Madam Chairman.

24                  CHAIRWOMAN WEINSTEIN:  Thank you.


                                                                   468

 1                  We go back to the Senate.

 2                  CHAIRWOMAN KRUEGER:  It's me, hi.

 3                  We're going to now go to Senator John 

 4           Liu.

 5                  SENATOR LIU:  Thank you, Madam Chair.

 6                  I just have a question for Jennifer, 

 7           actually.  In your testimony you mentioned 

 8           that SUNY exploits certain loopholes in the 

 9           chartering of -- or in the approval of 

10           charter school applications.  What does that 

11           mean?

12                  EXECUTIVE DIRECTOR PYLE:  First, we're 

13           wholly supportive of your bill and grateful 

14           that you've advanced it.

15                  Second, we're concerned that they've 

16           provided extensions that we believe go far 

17           and above what the law allows.  They've done 

18           so with little notice, as you know.  In fact, 

19           last year in the middle of the pandemic, it 

20           was two days before Christmas, they held some 

21           sort of emergency meeting.  

22                  And furthermore, we don't believe that 

23           they give the proper consideration and, you 

24           know, take the time to review applicants to 


                                                                   469

 1           the extent the Board of Regents does.  We 

 2           know the Board of Regents' hands are tied 

 3           with regard to disallowing some of the 

 4           schools that we think should be under further 

 5           consideration.  But again, we don't believe 

 6           SUNY should be in the business of authorizing 

 7           charter schools for K-12.

 8                  SENATOR LIU:  Well, Jennifer, as you 

 9           may know, there are major editorial boards in 

10           New York who cite the New York State charter 

11           school application approval process as being 

12           a model for the nation to follow.  And that 

13           model would be this kind of a duopoly of 

14           charter authorization entities, that being 

15           the Regents as well as the SUNY board.

16                  What do you say to them who -- what do 

17           you say to the supporters of the SUNY 

18           chartering process that say this is a model 

19           for the rest of the country to emulate?

20                  EXECUTIVE DIRECTOR PYLE:  We would 

21           strongly disagree.  And we've -- and I'm sure 

22           my superintendents could speak to this as 

23           well.  We have longstanding concerns, and 

24           we've expressed them repeatedly with regard 


                                                                   470

 1           to the process they follow.  Frankly, when 

 2           we've done our analysis and looked at who 

 3           they've turned down, they are few and far 

 4           between.  And so clearly we don't think they 

 5           should be in the business.  

 6                  And frankly I don't -- I would 

 7           question the literature out there that would 

 8           indicate that they have the expertise or 

 9           knowledge to be approving charter schools, 

10           again, for K-12 in New York State.

11                  SENATOR LIU:  And explain briefly why 

12           these charter schools -- and I think a couple 

13           of your superintendents referred to this.  

14           How does that direct money away from the 

15           schools that your superintendents are 

16           responsible for running?

17                  EXECUTIVE DIRECTOR PYLE:  So I mean 

18           again, even when you've reached a saturation 

19           point, as several of our school districts 

20           have, and some schools outside of our 

21           districts, they're still -- you're having 

22           them pulling kids from a few classrooms here, 

23           there, different buildings.  You can't reduce 

24           your overhead costs.  At this point in time 


                                                                   471

 1           it's doing serious damage to the traditional 

 2           public schools.

 3                  And again, we are fully supportive of 

 4           school choice and providing parents with 

 5           those options.  But in districts such as 

 6           Buffalo, Albany, Rochester, Syracuse, the 

 7           saturation point has been reached, and we 

 8           believe someone needs to intervene before 

 9           further damage is done.  And in many cases 

10           these schools are not outperforming the 

11           traditional public schools.  And furthermore, 

12           they're not under the scrutiny and they don't 

13           have to exist under the same rules that the 

14           traditional public schools do.

15                  SENATOR LIU:  All right, thanks very 

16           much.  Thank you, Madam Chair.

17                  CHAIRWOMAN WEINSTEIN:  Thank you.

18                  Assemblyman Bronson.

19                  ASSEMBLYMAN BRONSON:  Thank you, 

20           Chair Weinstein.  

21                  And thank you, all of the 

22           superintendents and Jennifer, for all the 

23           work you've been doing in these very, very 

24           difficult times with COVID and the 


                                                                   472

 1           manifestation of mental health problems and 

 2           trauma and other things that our students and 

 3           their families are facing.

 4                  I'm going to direct my questions to 

 5           Dr. Lesli Myers-Small.  Superintendent 

 6           Myers-Small, thank you for being here.  Great 

 7           seeing you.  I know we speak on a regular 

 8           basis.  I'm going to ask you three questions, 

 9           so let's try to get through them quickly.

10                  Charter schools.  What's the real 

11           impact on the Rochester public school system 

12           because of the saturation of charter schools 

13           in Rochester?

14                  ROCHESTER SUPT. MYERS-SMALL:  Thank 

15           you, Assemblyman Bronson, and very good to 

16           see you.

17                  As I mentioned in my testimony, 

18           105 million of our budget goes towards 

19           charter schools, approximately, so that takes 

20           away from expenses and things that we could 

21           do with our schools.

22                  Additionally, as I mentioned, 7,000 

23           students right now participate in charter 

24           schools, and we have another three that are 


                                                                   473

 1           starting in September, so that just continues 

 2           to add to the declining enrollment that is in 

 3           the Rochester City School District -- 

 4           certainly not completely contributes, but it 

 5           does contribute.  Our district would be over 

 6           30,000 students without having charter 

 7           schools.  So it impacts enrollment and our 

 8           budget.

 9                  ASSEMBLYMAN BRONSON:  Okay.  Great, 

10           thank you.

11                  Second question, you mentioned 

12           targeted funds for mental health and school 

13           climate, and we just had a discussion 

14           regarding more psychologists in schools, 

15           social workers, other mental and behavioral 

16           health professionals in our school buildings.

17                  Some folks have testified today, not 

18           only in this panel but in other areas, about 

19           the utilization of the additional 

20           Foundation Aid to help them hire mental 

21           health professionals in their schools.  

22           What's the barrier in having the City of 

23           Rochester School District do the same?

24                  ROCHESTER SUPT. MYERS-SMALL:  So I do 


                                                                   474

 1           want to share that in Cursa we have about 

 2           2.1 million dedicated to social-emotional, 

 3           which is certainly curriculum and additional 

 4           special staffing, and then another 

 5           22 million, which represents 10 percent of 

 6           ARP, to have additional counselors, Pathways 

 7           to Peace, which is a youth intervention 

 8           program, social workers, increasing 

 9           RocRestorative.  

10                  The issue is that we're in a staffing 

11           shortage and a staffing crisis.  And so we 

12           are grateful to New York State Education 

13           Department for approving our ARP, so we will 

14           go out and look.  But we are competing with 

15           every other single district in Monroe County, 

16           certainly probably Syracuse and Buffalo as 

17           well.

18                  ASSEMBLYMAN BRONSON:  Okay.  I have 

19           some mental health bills that will hopefully 

20           help that shortage.

21                  Last question -- and we only have 

22           10 seconds -- just really briefly, how can we 

23           scale up community schools in the city school 

24           district?


                                                                   475

 1                  ROCHESTER SUPT. MYERS-SMALL:  Oh.  

 2           Certainly being -- a couple of things.  We've 

 3           got to look at the transportation, because 

 4           that often becomes problematic, and 

 5           rearranging that.

 6                  We also need to look at school zones 

 7           and being able to configure not only 

 8           elementary but secondary schools so we can 

 9           loop that together and then align the 

10           appropriate resources in the City of 

11           Rochester and the county.

12                  ASSEMBLYMAN BRONSON:  Thank you, 

13           Dr. Myers-Small.  Greatly appreciate it.

14                  ROCHESTER SUPT. MYERS-SMALL:  And just 

15           quickly, thank you, to you and Senator Cooney 

16           and the delegation for our third phase of 

17           facilities modernization.  We appreciate 

18           that.

19                  ASSEMBLYMAN BRONSON:  You're welcome.

20                  ROCHESTER SUPT. MYERS-SMALL:  And your 

21           advocacy, significant advocacy.

22                  CHAIRWOMAN WEINSTEIN:  Senator 

23           Krueger, do you have any --

24                  CHAIRWOMAN KRUEGER:  We do, we have a 


                                                                   476

 1           couple more Senators.

 2                  CHAIRWOMAN WEINSTEIN:  Okay, so to the 

 3           Senate now.

 4                  CHAIRWOMAN KRUEGER:  Thank you.

 5                  Senator Sean Ryan.  Sean?  I see you, 

 6           but I don't hear you.  Oh, there you are.

 7                  SENATOR RYAN:  It took a while, but I 

 8           did come off.

 9                  Thank you, each of the 

10           superintendents, for the tremendous 

11           challenges that you've faced during the 

12           pandemic and that you continue to face.  And 

13           while we're fighting the pandemic, we also 

14           have an influx of refugee and immigrant 

15           children.  You know, that's a challenge.  Yet 

16           we know that's how we grow our communities.  

17                  And hopefully, with the infusion of 

18           Foundation Aid and federal money, that we're 

19           able to meet those challenges head-on.  No 

20           one's saying it's easy, but I'm very happy 

21           with how the districts are handling this.  

22           But I did want to acknowledge your very, very 

23           hard positions that each of you have been in 

24           over the last two years.


                                                                   477

 1                  And to go to my home district, 

 2           Superintendent Cash, very good to see you.  

 3           Happy to work with you on some of the charter 

 4           school issues that you discussed.  You know, 

 5           we've got some problems there, but we are 

 6           going to fix them.  I think there's a mood 

 7           now to fix them, especially the receiver 

 8           bill.  It seems like something that we just 

 9           have to get done.

10                  So I wanted to ask you, you know, 

11           three quick questions, or three questions -- 

12           and if we can keep it quick, because we're on 

13           a timeline.  Are most kids who have special 

14           education services, are they back into the 

15           schools in Buffalo?

16                  BUFFALO SUPERINTENDENT CASH:  In 

17           person?

18                  SENATOR RYAN:  Yes.

19                  BUFFALO SUPERINTENDENT CASH:  Yes.  

20           The majority are.

21                  SENATOR RYAN:  Is everything on track 

22           at School 84, which is a very special place?  

23           Are the kids all back there?

24                  BUFFALO SUPERINTENDENT CASH:  Yes.


                                                                   478

 1                  SENATOR RYAN:  Okay, that's very good 

 2           to hear.

 3                  And then, you know, attendance has 

 4           always been something of concern to me before 

 5           the pandemic, and now since the pandemic it's 

 6           even gotten tougher.  And the numbers aren't 

 7           really that encouraging.  But can you tell me 

 8           quickly the efforts you're making to try to 

 9           get the attendance back up during this time 

10           period?

11                  BUFFALO SUPERINTENDENT CASH:  Yes.

12                  I do want to say that in Black and 

13           brown communities, which we are a majority 

14           minority district, there is this incredible 

15           challenge of many of our families not 

16           trusting the safety of schools to fight the 

17           COVID virus effectively.  So they're afraid 

18           to send their children in.  They say that 

19           they don't intend to send their children in 

20           as long as there is this rapidly spreading 

21           virus, Omicron in particular.  

22                  So that's a challenge for us.  It's 

23           not just neglect, this is a position.  So 

24           what we're trying to do is to continue to do 


                                                                   479

 1           outreach services, we hold vaccination 

 2           clinics every week in our community schools, 

 3           and we've been able to gradually get hundreds 

 4           and hundreds more people from our communities 

 5           vaccinated.  Because there's a resistance to 

 6           get vaccinated as well in communities of 

 7           color.

 8                  So with all of our efforts to 

 9           vaccinate, to test, to use the rapid tests 

10           that have been distributed to our districts 

11           from the Governor, we're trying to continue 

12           to keep the narrative that, look, school is 

13           the best place to be.  Send your child to us, 

14           they need our services, and we need to have 

15           our eyes on them every day.  So we just 

16           continue to try to message it and get it out 

17           through all media and communication vehicles 

18           that we have available to us.

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  I'm going to have to cut you off 

21           there, Sean.

22                  SENATOR RYAN:  Thank you.

23                  CHAIRWOMAN KRUEGER:  Thank you.

24                  Back to the Assembly.


                                                                   480

 1                  CHAIRWOMAN WEINSTEIN:  Right.  We go 

 2           to Assemblywoman Septimo.

 3                  ASSEMBLYWOMAN SEPTIMO:  Hi, there.  I 

 4           will be brief.  Thank you all so much for 

 5           being here and for waiting and for being 

 6           patient with us in this long process.

 7                  My question is also for Jennifer.  

 8           Just about charter schools, you've mentioned 

 9           wanting to see increased accountability.  

10           You'd also mentioned that charter schools get 

11           to -- don't exist in the same set of rules 

12           and without the same level of scrutiny.

13                  So I'd love to hear some of your 

14           ideas, with as much specificity as you have 

15           available, in how we sort of create more of a 

16           balance to make sure that we're maintaining 

17           school choice but also sort of working to 

18           balance the scales some.

19                  EXECUTIVE DIRECTOR PYLE:  I mean, two 

20           areas in particular I would point to would be 

21           the demographic issue, that the law is very 

22           weak in the area with regard to ensuring that 

23           their pupil demographics adequately mirror 

24           the traditional public schools in the 


                                                                   481

 1           district of location. 

 2                  The second piece that I think was 

 3           mentioned by Senator Ryan a bit ago relates 

 4           to the dissolution -- and I know Senator Liu 

 5           referenced this as well.  The process that's 

 6           currently in existence does not adequately 

 7           ensure that the resources go back to where 

 8           they belong, which is to where the kids are 

 9           going.  

10                  And when the law was changed several 

11           years ago we were confident that we had 

12           addressed that so that these funds wouldn't 

13           be distributed -- in some cases they were 

14           going to other charter schools and, you know, 

15           golden parachutes.

16                  But it's incredibly problematic that 

17           they have again exploited loopholes with 

18           regard to what they do with their funds when 

19           they're moving toward dissolution.  And 

20           frankly there is no teeth in the law so that 

21           the State Education Department has any 

22           ability to adequately manage those resources.

23                  So those would be two pieces that we 

24           would hope could be addressed this session to 


                                                                   482

 1           address some of the disparities that 

 2           currently exist.  Because -- and the third 

 3           thing I would point to that's somewhat linked 

 4           to the dissolution issue is the fact that 

 5           they have no caps on reserves.  And in some 

 6           cases we have charter schools that have 50, 

 7           100, 150 percent of their annual operating 

 8           budget sitting in reserves.  

 9                  We understand in certain cases they're 

10           more vulnerable or they may be planning for 

11           major capital construction, but we think it's 

12           unreasonable that we continue to siphon 

13           public funds off and send them on when you're 

14           sitting on 100 percent, when you know full 

15           well if any of our districts came anywhere 

16           close to that, there would be severe 

17           consequences.  So ...

18                  ASSEMBLYWOMAN SEPTIMO:  Thank you so 

19           much.  

20                  And there's 25 seconds if anybody else 

21           wants to pipe in.  But if not, thank you.  

22           All right.  I'll pass it back to you, Helene.  

23           thank you.

24                  BUFFALO SUPERINTENDENT CASH:  Let me 


                                                                   483

 1           just say -- I want to be clear.  We're not 

 2           against charter schools.  I'm for good 

 3           schools.  And we really support good charter 

 4           schools.  But they're not all good --

 5                  ASSEMBLYWOMAN SEPTIMO:  No, a hundred 

 6           percent.

 7                  BUFFALO SUPERINTENDENT CASH:  And 

 8           until they have something to do, we need to 

 9           do something about that.

10                  ASSEMBLYWOMAN SEPTIMO:  No, thank you.  

11           And that's why the question is really how do 

12           we strike the balance between the two, 

13           fairness and school choice.

14                  So thank you so much.

15                  CHAIRWOMAN WEINSTEIN:  Thank you.

16                  Turn it back to the Senate.

17                  CHAIRWOMAN KRUEGER:  Thank you.

18                  Senator Samra Brouk.

19                  SENATOR BROUK:  Thank you so much.  My 

20           question is for of course my superintendent 

21           here, Dr. Lesli Myers-Small.  It's so good to 

22           see you again.  Thank you for always 

23           representing Rochester and our city school 

24           district so well.


                                                                   484

 1                  I want to share -- no one will be 

 2           surprised, as chair of Mental Health, that 

 3           this is about mental health again.  I want to 

 4           share with you a letter that I received, it's 

 5           sitting on my desk right now, from a high 

 6           school student talking to me about how he's 

 7           not sure how to help his friends who have now 

 8           taken to drinking almost every day just to 

 9           get through the day because it's been so hard 

10           for the last two years.  And he somehow found 

11           my name to reach out to as a plea for help.

12                  And I think this is not unlike what we 

13           hear -- we heard you talk about it, 

14           Superintendent, about the uptick in violence 

15           in our schools here in Rochester and across 

16           the state.  I truly believe that those are a 

17           direct result of unmet mental health needs in 

18           our students, and that is where we should be 

19           putting not just school resources but 

20           citywide and statewide resources as well.

21                  So you mentioned, because my colleague 

22           Assemblyman Bronson asked, you mentioned that 

23           you did get approval for federal funding to 

24           be used on mental health providers to 


                                                                   485

 1           properly meet the needs of your students -- 

 2           of our students.  Can you tell me, how many 

 3           openings do you still need to fill?  You 

 4           mentioned that you haven't been able to fill 

 5           all these openings.  How many have you 

 6           filled, and how many have yet to be filled?

 7                  ROCHESTER SUPT. MYERS-SMALL:  I just 

 8           want to make sure, Senator Brouk, that you're 

 9           just solely referring to mental health.  

10           Correct?

11                  SENATOR BROUK:  Yes.  Yes.

12                  ROCHESTER SUPT. MYERS-SMALL:  So we 

13           currently -- of our current staffing, we have 

14           two school counselor openings, two social 

15           worker openings, and six school 

16           psychologists.  And, I'll just add, 77 

17           classroom teachers.  So even though they're 

18           not mental health providers, they do provide 

19           supports of consistency for our scholars.  

20           But within the ARP that was just approved, we 

21           need 16 additional school counselors, five 

22           additional social workers, and 11 full-time 

23           youth intervention aides through Pathways or 

24           something similar like that.


                                                                   486

 1                  So we do have a lot of openings.  I am 

 2           reaching out to our local colleges and 

 3           universities -- Roberts, St. John Fisher, 

 4           U of R, et cetera -- but so are all the other 

 5           Monroe County districts.

 6                  SENATOR BROUK:  And how many do we 

 7           currently employ for RCSD?  How many social 

 8           workers.  

 9                  ROCHESTER SUPT. MYERS-SMALL:  For 

10           social workers?  Let me just -- 31 seconds or 

11           less.  I can send that to you.  I do have 

12           that, but --

13                  SENATOR BROUK:  Okay.  Wonderful, you 

14           can follow up on that. 

15                  And then the last question, in your 18 

16           seconds, is we know that there's a shortage 

17           of staff for social workers all over the 

18           state and the country.  What can the state do 

19           to help with this?

20                  ROCHESTER SUPT. MYERS-SMALL:  The 

21           shortage of social workers?  A few things.  I 

22           think certainly it comes back to us really 

23           encouraging that pipeline and getting 

24           students to consider that to be a viable 


                                                                   487

 1           option and an important option.

 2                  Also just working very closely with 

 3           our higher education partners to really find 

 4           out who is involved and who is participating 

 5           in those programs, so that we can make that 

 6           information more quickly and more readily 

 7           available for school districts.  

 8                  And even in the case of school 

 9           psychologists, they have an opportunity to do 

10           that school internship, that school 

11           psychologist internship to encourage them to 

12           consider an urban environment.  But I find 

13           sometimes that some of our recent graduates 

14           shy away from urban education because of 

15           certainly some of the unique challenges.  So 

16           really helping to normalize and encouraging 

17           or even giving incentives for recent 

18           graduates to consider working in an urban 

19           environment.  Because our scholars, as the 

20           rest of the Big 5 would chime in, are 

21           incredible, amazing and resilient.  

22                  And I do have that sheet, Senator 

23           Brouk, so I can send that to you by school.

24                  CHAIRWOMAN WEINSTEIN:  We now call 


                                                                   488

 1           upon Assemblywoman Marianne Buttenschon.

 2                  ASSEMBLYWOMAN BUTTENSCHON:  Thank you, 

 3           Chairs.  Thank you to all the 

 4           superintendents, Executive Director Pyle.

 5                  I have the honor to represent the 

 6           Utica School District within my Assembly 

 7           district, and most recently we've had many 

 8           meetings with community partners which 

 9           enthusiastically -- the Utica superintendent, 

10           as well as his leadership teams -- have 

11           attended the meetings.  This morning 

12           Commissioner Rosa discussed opportunity 

13           programs, which I better define -- obviously, 

14           with my age -- as after-school programs.  

15                  So I would ask what you see as far as 

16           the funding, is there enough funding that we 

17           are placing within the budgets to ensure that 

18           those after-school programs can be clearly 

19           supported?  I know that education has taken 

20           on so many roles, and I sincerely appreciate 

21           those.  And after-school has become a 

22           must-have with the various situations that we 

23           are seeing within our communities, to ensure 

24           that our children not only can enhance their 


                                                                   489

 1           education but be in a safe environment, which 

 2           you always provide.  So I would just ask if 

 3           that's being considered.

 4                  And secondly, many of my colleagues -- 

 5           I just want to reconfirm the mental health 

 6           concerns that I applaud all the hard efforts 

 7           that you have put forward, as well as the 

 8           various programs in diversity that support 

 9           our students.  Thank you.

10                  EXECUTIVE DIRECTOR PYLE:  Would one of 

11           our superintendents like to address the 

12           challenges and the successes of after-school?  

13           I know there are some unique situations this 

14           year.

15                  ROCHESTER SUPT. MYERS-SMALL:  I can 

16           start from Rochester.  

17                  Certainly transportation, as you know, 

18           has been problematic in the shortage of 

19           having drivers for our respective districts.  

20           And so we have been working hard just to 

21           ensure that school is covered.  And so when 

22           you add just the extra layer of having 

23           transportation for either before- or 

24           after-school programming, it's just become 


                                                                   490

 1           problematic.

 2                  But we know that extending the day and 

 3           providing additional opportunities for our 

 4           young people is certainly important, and we 

 5           think all of the efforts that have been made 

 6           to help to mitigate transportation -- but in 

 7           Rochester, that really is the largest barrier 

 8           for us as far as being able to transport 

 9           scholars home before or after school.

10                  ASSEMBLYWOMAN BUTTENSCHON:  Thank you.

11                  YONKERS SUPERINTENDENT QUEZADA:  And 

12           the other concern is also associated with 

13           staffing for the after-school programs.  You 

14           know, our teachers, our administrators, they 

15           are also experiencing the same 

16           social-emotional challenges that our students 

17           are experiencing, so at the end of the day 

18           they are -- there are responsibilities that 

19           they need to address, and that includes their 

20           own self-care.

21                  So to stay an extra hour to provide 

22           support might not be something that they want 

23           to do.  So certainly we have to spend a great 

24           deal of time supporting our staff, supporting 


                                                                   491

 1           our teachers, and creating conditions for 

 2           them to want to be in school further to 

 3           support our students.

 4                  ASSEMBLYWOMAN BUTTENSCHON:  Thank you 

 5           so much.

 6                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 7           That concludes the number of questions.  

 8                  Just to people to note that Kenneth 

 9           Hamilton, superintendent of Mount Vernon 

10           School District, had to leave, so he will not 

11           be testifying as part of this.  He will not 

12           be testifying, but he did submit written 

13           testimony that has been shared with the 

14           members.

15                  So we're going to move on to the next 

16           panel.  First I just want to thank all of you 

17           for the work you do in your respective school 

18           districts.  We know this past time with COVID 

19           has been difficult and continues, and by 

20           being virtual we've not taken too much of 

21           your day away from all the good work that 

22           you're doing in your home cities.  Thank you.

23                  MULTIPLE PANELISTS:  Thank you.

24                  YONKERS SUPERINTENDENT QUEZADA:  Thank 


                                                                   492

 1           you for giving us the opportunity.

 2                  CHAIRWOMAN KRUEGER:  Thank you very 

 3           much.

 4                  CHAIRWOMAN WEINSTEIN:  Next is 

 5           Panel C, the 4201 Schools Association, 

 6           Dr. Bernadette Kappen, cochair, and the 

 7           Coalition of Special Act Schools, Stephen 

 8           Beovich, vice president.  

 9                  The 853 Schools Coalition is not 

10           testifying at this hearing, so they've been 

11           removed from the panel.

12                  So we have the two panelists here.  So 

13           if you can begin, Dr. Kappen.

14                  DR. KAPPEN:  Thank you so much.  I 

15           really appreciate the opportunity to present 

16           on behalf of the 4201 Schools Association, 

17           and we'll start off by thanking the 

18           Legislature and the Executive for all of the 

19           support they give us all the time. 

20                  As you know, in the Governor's budget 

21           we were level-funded this year, and we were 

22           appreciative of that.  In looking at what we 

23           need going forward, looking at the 

24           Foundation Aid that will be going to the 


                                                                   493

 1           school districts and other monies for other 

 2           special ed, we would be respectfully asking 

 3           for a 5.8 percent increase.  

 4                  I would say, just so you know, our 

 5           schools were open during the pandemic.  We 

 6           met our COVID needs for the students, and the 

 7           staff were there every day to help the 

 8           students.  So I think that in order to 

 9           continue in that vein, we definitely need 

10           that kind of support to be able to grow our 

11           programs and meet the needs of the children 

12           and their families. 

13                  The Executive Budget also included 

14           another $30 million for the Capital Grant 

15           Program, and we're extremely appreciative of 

16           that.  And I just have to let you know how 

17           important that is -- so many schools are 

18           struggling, one of our schools right now is 

19           really in a desperate situation for a boiler, 

20           so these monies are really needed for the 

21           future.  

22                  We also ask for approval for a fiscal 

23           reserve fund that we might be able to use for 

24           emergencies, planning, and also for adapting 


                                                                   494

 1           to the needs of the students.  Certainly the 

 2           extra support and the fiscal reserve would 

 3           help us with unmet needs.  

 4                  We currently know that there are unmet 

 5           needs for children that are deaf/blind that 

 6           need intervenors in the schools as well as 

 7           children that are blind and children that are 

 8           deaf, they're medically fragile, that need 

 9           additional services in order to participate 

10           in school.  And this is truly an unmet need, 

11           that the 4201 schools -- we can meet those 

12           needs if there was adequate funding for the 

13           schools who would support that. 

14                  We also are asking for your support 

15           with the workforce investment.  Our kids are 

16           appropriately meeting their needs because of 

17           the wonderful teachers that we have.  We're 

18           in direct competition with the local school 

19           districts, and we often lose our teachers 

20           because our salaries are so much lower.  So 

21           we would be asking for $30 million over a 

22           three-year period of time to have some equity 

23           in the salaries for our staff. 

24                  And finally, continuing support for 


                                                                   495

 1           reliable transportation.  And I know that 

 2           many of you have supported us in the past two 

 3           years in making sure that the DOE has 

 4           provided transportation for the students -- 

 5           the problem being that sometimes they want us 

 6           to follow their schedule rather than ours.  

 7           So we hope that that can happen. 

 8                  And just a quick closing.  I always 

 9           like to leave with you a quote.  This is from 

10           Matty Stepanik {ph}, a 13-year-old child who 

11           had muscular dystrophy, and he said "Unity is 

12           strength.  When there is teamwork and 

13           collaboration, wonderful things can be 

14           achieved."  And that is what I see with the                                  

15           4201 Association with the Legislature and 

16           with the schools, that we work together to 

17           meet the needs of the students. 

18                  So thank you very much.                       

19                  CHAIRWOMAN WEINSTEIN:  Thank you. 

20                  Stephen?

21                  MR. BEOVICH:  Hi, and good evening. 

22                  First of all, I just want to thank the 

23           Senate and Assembly for including the ability 

24           for our schools to have the fiscal reserve 


                                                                   496

 1           fund in last year's budget.  Giving us the 

 2           ability to now have a level of fiscal 

 3           security going forward is going to make a 

 4           huge difference.  So thank you again. 

 5                  I would also like to thank 

 6           Governor Hochul for including the 11 percent 

 7           growth rate in tuition for special education 

 8           providers in this year's budget.  However, I 

 9           did want to make the Legislature aware that 

10           currently, due to rate-setting methodology, 

11           no special education provider will see their 

12           growth rate in tuition at the beginning of 

13           the next fiscal year, and very few will see 

14           the growth rate at all. 

15                  As a matter of fact, no special 

16           education provider has received the 4 percent 

17           promised in this year's budget because, as of 

18           today, the rate-setting methodology for the 

19           current fiscal year has not been released. 

20                  Annually the State Education 

21           Department proposes to the Division of Budget 

22           the inclusion of an interim-plus rate which 

23           would ensure that approved growth rates are 

24           being applied to tuition rates at the 


                                                                   497

 1           beginning of fiscal year.  Every year this is 

 2           rejected and schools do not receive the funds 

 3           they desperately need that have already been 

 4           approved in the budget. 

 5                  There are schools that have not 

 6           received any growth -- speaking for 

 7           Special Acts, any growth dating back to 2011, 

 8           because of complications with the rate 

 9           reconciliation process.  But the Governor is 

10           ready to invest $240 million in special 

11           education programs next year.  

12                  I am asking that there is an assurance 

13           that all providers receive their funds by 

14           having the 11 percent tuition growth 

15           automatically added to the tuition rate on 

16           July 1st.  Without this being put in place, 

17           many of the schools that serve the state's 

18           neediest and most vulnerable students will 

19           not see any additional funds next year. 

20                  If $240 million is approved, 

21           $240 million should be disbursed.  Please 

22           help stop technicalities from keeping funds 

23           from these schools, which directly affects 

24           the services that we can provide our 


                                                                   498

 1           students. 

 2                  I also must ask that the 18.42 percent 

 3           state share for CFC placements outside of the 

 4           New York City not be eliminated as proposed 

 5           by the Governor.  The school districts rely 

 6           on these funds to send their neediest 

 7           students to our programs.  The enrollment in 

 8           our programs over the past two years, when 

 9           the state share was temporarily eliminated, 

10           has dropped.  Students are getting to our 

11           programs later, which delays getting them the 

12           intensive services they need. 

13                  Please do not include the Governor's 

14           proposal in your final budget.  Thank you for 

15           your time and consideration.                       

16                  CHAIRWOMAN WEINSTEIN:  Thank you, and 

17           thank you both for staying within your time 

18           limits. 

19                  We'll start with the chair of the 

20           Assembly's Education Committee, Assemblyman 

21           Benedetto.                       

22                  ASSEMBLYMAN BENEDETTO:  Thank you very 

23           much, Chairwoman Weinstein.  

24                  Listen, we made an attempt this year 


                                                                   499

 1           to get a bill passed.  It was vetoed.  But, 

 2           if nothing else, we have raised a dialogue, a 

 3           very important dialogue here that we seem to 

 4           have a commitment from this Governor to work 

 5           things out.  And for first time since I have 

 6           been around, I see hope coming down the 

 7           tunnel. 

 8                  If you want to talk, if so -- that's 

 9           all I'm going to say on this.  I will 

10           continue to work on solutions to having a 

11           funding stream that is equitable and -- it's 

12           bad to everybody.

13                  And, like I say, I'm glad we've begun 

14           the dialogue.  Good luck, everyone.            

15                  DR. KAPPEN:  Thank you.                                  

16                  MR. BEOVICH:  Thank you.

17                  CHAIRWOMAN KRUEGER:  Senator Shelley 

18           Mayer.                       

19                  SENATOR MAYER:  Thanks.  

20                  And it's a pleasure to see you, 

21           Dr. Kappen, and to see you, Mr. Beovich.  And 

22           I agree with my colleague here:  We moved the 

23           ball down the field, or whatever the sports 

24           analogy is, last year, but we're not quite 


                                                                   500

 1           there yet.  

 2                  Two questions for each of you.  First 

 3           place, on the Special Act issue that you did 

 4           not see the 4 percent, which was already 

 5           approved theoretically by DOB, but you used 

 6           the words "it was not released."  Is that 

 7           true for all the Special Acts, that none of 

 8           you have seen the 4 percent -- 

 9           notwithstanding the additional 7 percent, 

10           which is great, but you haven't seen 

11           anything?  You have seen no rate increase?            

12                  MR. BEOVICH:  No.  And that's not only 

13           for Special Acts, it's probably for all 

14           special education providers, because the 

15           rate-setting methodology hasn't been released 

16           for this year yet.  So no.  

17                  And the issue that brings us -- we 

18           might get that money in April or May, for the 

19           ones who do get a rate.  And then if we don't 

20           spend all of that money by June, then the 

21           money goes away.  And it really -- you know, 

22           being as -- trying to be fiscally responsible 

23           for our district, I'm not spending that money 

24           until we know that we're going to get that 


                                                                   501

 1           money.  So it really does cause an issue.            

 2                  SENATOR MAYER:  Yes.  Okay. 

 3                  The second thing is the reduction in 

 4           referrals to your school and others, you're 

 5           suggesting in your testimony, is somewhat 

 6           related to the shifting of the state share 

 7           back to the municipalities.  And I think a 

 8           lot of your students come from the City of 

 9           New York.  

10                  Is it your experience that the City of 

11           New York referred fewer students to your 

12           school, notwithstanding what they might need 

13           individually, because of their having to pick 

14           up a greater percentage of the cost?                       

15                  MR. BEOVICH:  Well, I could say a lot 

16           of our students in my district are 

17           residential.  We do have a small share of day 

18           students.  And we're down probably about 

19           15 percent in our day student population, 

20           so -- and that seems across the board, where 

21           I can't say that the hit is crippling, but 

22           it's definitely noticeable.            

23                  SENATOR MAYER:  Okay.  But you're 

24           suggesting that that hit is in part due to 


                                                                   502

 1           this change in reimbursement obligations?            

 2                  MR. BEOVICH:  That's -- yes.  

 3                  SENATOR MAYER:  Okay.

 4                  MR. BEOVICH:  That's what we have been 

 5           told by other districts, that it's at least a 

 6           factor when they are making the decision.            

 7                  SENATOR MAYER:  Okay.  And then, 

 8           Dr. Kappen, I very much appreciate your note 

 9           about the incremental salary increase that's 

10           needed for your school -- that I know, having 

11           been to your school and seen it firsthand, 

12           you're great teachers.  

13                  What's the approximate difference in 

14           salary between someone that you hire for one 

15           of your classes and what they would get in 

16           the New York City public schools?                       

17                  DR. KAPPEN:  I think it varies on the 

18           salary scale between entry and exit.  But we 

19           know what happens in the past.  You could 

20           walk out of our school and someone could make 

21           $15,000 to $20,000 more than we pay them.  

22                  And they have to leave for certain 

23           life circumstances.  I can think of a really 

24           wonderful teacher we had here that got 


                                                                   503

 1           divorced, she was on her own, and she's 

 2           someone who's continued to be connected to 

 3           us.  And even when we have activities here, 

 4           she comes.  But she had to make that decision 

 5           for herself.

 6                  SENATOR MAYER:  Yes, understood.  And 

 7           something we actually have to address.

 8                  But thank you very much, both of you. 

 9           And thank you for your work with these kids 

10           that we all care deeply about. 

11                  DR. KAPPEN:  Thanks so much.            

12                  MR. BEOVICH:  Thank you, Senator 

13           Mayer.  

14                  CHAIRWOMAN WEINSTEIN:  We go to 

15           Assemblyman Ra.

16                  ASSEMBLYMAN RA:  Thank you, Chair.

17                  Dr. Kappen, great to see you, as 

18           always.  And good to see you, Mr. Beovich.  

19           It's kind of cool for me -- me and 

20           Mr. Beovich go way back to our youth.  

21                  (Laughter.)

22                  ASSEMBLYMAN RA:  So it's cool to see 

23           you on here.  Thanks for being here.

24                  MR. BEOVICH:  You too.            


                                                                   504

 1                  ASSEMBLYMAN RA:  So earlier during the 

 2           State Education Department's presentation, 

 3           they made that exact point with regard to the 

 4           reconciliation process and the fact that 

 5           getting those funds later on are -- you know, 

 6           it's going to be a challenge to spend them, 

 7           and obviously that compounds a problem.

 8                  And they suggested that they have a 

 9           proposal to potentially kind of put the 

10           reconciliation process aside for the next -- 

11           for at least this year, but potentially for 

12           five years while we finally actually fix the 

13           structural problem.  I assume that would be 

14           something that your association would be 

15           supportive of?

16                  MR. BEOVICH:  Yeah, it's 100 percent.  

17           They have talked to us about how it would be 

18           a five-year time period instead of one year, 

19           and that would be definitely helpful for us.

20                  ASSEMBLYMAN RA:  Great.  Thank you.  

21                  And Dr. Kappan, you stated it well, 

22           some of the continuing issues, and certainly, 

23           you know, I remain very supportive of getting 

24           you guys parity, just like the 853s and the 


                                                                   505

 1           Special Acts, with the increases that are 

 2           given to our public schools.  

 3                  I had an opportunity earlier today to 

 4           do a virtual meeting with the new president 

 5           from Viscardi and a student named Hunter who 

 6           is a senior who's planning to go into 

 7           mechanical engineering.  It's just always 

 8           great to hear about the students' experiences 

 9           at the 4201 schools.  

10                  But one of the main points they were 

11           making to me is exactly what you were -- what 

12           you concluded with, which is, you know, staff 

13           retention.  And if there's not that increase 

14           in resources, you know, the inability to be 

15           on par with surrounding educational 

16           institutions.  

17                  But through this time, have -- I mean, 

18           has that been exacerbated by the pandemic, or 

19           have you guys been kind of -- I know you said 

20           students have been in.  So has it been stable 

21           or has it gone up or down in terms of losing 

22           staff?

23                  DR. KAPPEN:  We've lost a few people, 

24           really related to the mandates for the 


                                                                   506

 1           vaccine, two folks that chose not to be 

 2           vaccinated.  But we've been fairly stable.  

 3                  I think the real plus at our schools, 

 4           the people that work with us, they love the 

 5           children.  And they go above and beyond 

 6           what's needed.  And that's wonderful, but 

 7           they should also be compensated for that.  I 

 8           think that that's what happens, that they 

 9           stay on, and then like this woman I was 

10           mentioning, maybe something occurs in their 

11           life and they have to move.  

12                  But we have wonderful people that work 

13           with the children, and that's why they're 

14           successful.  

15                  ASSEMBLYMAN RA:  You absolutely do.  

16           Thank you.

17                  DR. KAPPEN:  Thank you.  

18                  CHAIRWOMAN KRUEGER:  Senator Sue 

19           Serino.

20                  SENATOR SERINO:  Thank you, 

21           Madam Chair.  

22                  And thank you, Dr. Kappen, and 

23           Mr. Beovich, for being here today.  You know, 

24           your teachers do God's work.  And I have to 


                                                                   507

 1           tell you, I was on the phone with a parent 

 2           today -- and, Mr. Beovich, you spoke about 

 3           this, the CSE placement.  And if they go 

 4           away, like I don't know what some of these 

 5           parents will do.  So it's just devastating.  

 6                  MR. BEOVICH:  I'll say I probably 

 7           understated it when -- you know, with Senator 

 8           Mayer.  But the more -- maybe my district was 

 9           only 10 to 15 percent, but there are other 

10           districts that are hitting -- that it's 

11           hitting a lot more, and they know a lot more 

12           of -- their sense is a lot further down, and 

13           the CSEs are telling them that it is because 

14           of, you know, that they're -- of the cost 

15           share going away.            

16                  SENATOR SERINO:  Well, we definitely 

17           need that program.  So we will advocate for 

18           it, too.  

19                  But I just had a question for you. 

20           Because in addition to, you know, salaries, 

21           of course -- you know, it is always about 

22           money -- what else can we do like to help 

23           recruit and retain teachers?  Are there other 

24           things that you can suggest to us that maybe 


                                                                   508

 1           we are not doing?            

 2                  DR. KAPPEN:  I was thinking in the 

 3           Governor's State of the State she talked 

 4           about, you know, retention and recruitment 

 5           and working with paraprofessionals.  I do 

 6           think that that's one way to really help 

 7           there.  

 8                  Again, we have people that have worked 

 9           with us for a number of years that are 

10           paraprofessionals, and I think if we can try 

11           encourage folks to move ahead in those areas, 

12           it would be helpful.  

13                  And again, I think for the colleges 

14           and the universities to keep these programs, 

15           this is not necessarily a New York State 

16           problem.  Because we are fortunate here, in 

17           the area of blindness, that there is 

18           Dominican College and Hunter College that 

19           provides teacher prep.  But across the 

20           country, this has been a huge issue for 

21           organizations that are looking for staff, 

22           that the colleges and the universities don't 

23           provide the programs because they feel there 

24           aren't enough children to be served.  


                                                                   509

 1                  And this is something -- there are a 

 2           group of us that are working on this right 

 3           now.  It is called the Cogswell Macy Act, and 

 4           one of the areas there is looking at getting 

 5           the proper child count by state and by 

 6           nation, because we know that there are many 

 7           ways the children are being counted, and we 

 8           are not having the proper count. 

 9                  So if you can't show a university or 

10           state that there are these many children who 

11           are deaf and blind, then you are not going to 

12           have universities serving them.  So that's 

13           one issue.  

14                  I think the other is also reciprocity 

15           with the states.  That if you live in 

16           Pennsylvania and you move to New York, and 

17           you are fully certified to be a teacher of 

18           the blind and visually impaired, you 

19           shouldn't have to take all of these classes 

20           over again and pay huge amounts of money for 

21           these tests, that people just don't want to 

22           do that.  And I think that's a barrier as 

23           well.            

24                  SENATOR SERINO:  That was some great 


                                                                   510

 1           points.  

 2                  I'm sorry, Mr. Beovich.

 3                  MR. BEOVICH:  I just want to add to 

 4           her point, just a specific story.  We have a 

 5           teacher -- a substitute teacher right now -- 

 6           who is certified to teach special education 

 7           in Connecticut, and she is doing great with 

 8           our students.  We can't right now -- she is 

 9           not able to get her New York certification, 

10           and we are not going to be able to continue 

11           her next year because she is not properly 

12           certified.  

13                  And it is just -- it is just a shame, 

14           like you said, that there is not a better way 

15           for reciprocity.

16                  CHAIRWOMAN KRUEGER:  Thank you.  Sorry 

17           to interrupt.

18                  SENATOR SERINO:  Okay.  Thank you very 

19           much, both of you.  Thank you.  

20                  DR. KAPPEN:  Thank you.  

21                  MR. BEOVICH:  Thank you.  

22                  CHAIRWOMAN WEINSTEIN:  Thank you.    

23                  We go to Assemblywoman Niou.

24                  ASSEMBLYWOMAN NIOU:  Thank you so much 


                                                                   511

 1           for taking the time today.  

 2                  And, you know, I used to actually 

 3           volunteer in the Vancouver Deaf School when I 

 4           was in high school.  And -- yup, and I am 

 5           fluent in sign language.  

 6                  But I wanted to say thank you so much 

 7           for all of your work, first and foremost.  

 8           But I know that working in some of the 

 9           classrooms that I did, that a lot of the 

10           important teaching goes on with smaller class 

11           sizes.  I was just wondering what the effects 

12           of the current levels of funding have been, 

13           you know.  

14                  And, you know, I know there was 

15           testimony that it was insufficient, so I 

16           wanted to see what effect it had on class 

17           sizes and the quality of care for so many of 

18           the students.

19                  DR. KAPPEN:  For our students in the 

20           4201 Association -- and I can speak directly 

21           for the Institute -- we have a class size 

22           that's determined by the State of New York. 

23           It could be that you would have six children, 

24           one teacher, one aide.  Some classes may be 


                                                                   512

 1           12 children, a teacher, and four aides -- I 

 2           know in some of the special-needs classes and 

 3           other schools.  

 4                  So we have been able to maintain that, 

 5           and the funding has not had us change that 

 6           because it is a requirement that we would do 

 7           that.            

 8                  ASSEMBLYWOMAN NIOU:  So what has the 

 9           funding then changed for the students?  

10           Because there was testimony that there was 

11           insufficient funding.  So what were the 

12           biggest changes, then?

13                  DR. KAPPEN:  I think some -- the 

14           funding definitely through COVID would be 

15           extra expenses that we had in order to open 

16           our schools.  

17                  I could say for our situation, you 

18           know, they talk about everyone should be 

19           six feet in the hall.  Well, that's fine if 

20           you can see, but if you have no vision -- so 

21           we had to figure out, what are you going to 

22           do.  So we had to run a very thin wire down 

23           the center of the hall, cover it with floor 

24           tape, so that when the child's cane hit it, 


                                                                   513

 1           they knew they had to move to the wall. 

 2                  Working on, you know, just the whole 

 3           cleaning -- I mean, we had to have additional 

 4           people for cleaning.  Our kids touch 

 5           everything, that's part of their life.            

 6                  ASSEMBLYWOMAN NIOU:  Right. 

 7                  DR. KAPPEN:  So at 12:00 every day we 

 8           had to have someone wipe down the walls and 

 9           wipe down -- so that helps.  

10                  And I think sometimes we can't maybe 

11           attract the best person you would want 

12           because of some of those salary types of 

13           issues, and definitely the funding I 

14           mentioned before.  There are things that the 

15           children need, as I mentioned earlier.  

16                  We know there are a number of children 

17           that are deaf and blind that are in one of 

18           our schools, and it goes up to the 

19           eighth grade. They need, then, services for 

20           high-school types of activity.  They would 

21           like to blend together these two schools 

22           working on that. But in order to have a 

23           quality education for those children, they 

24           need to have an intervenor.  And this is 


                                                                   514

 1           something other than an interpreter.  

 2                  The intervenor is someone who is 

 3           bringing that child into the environment so 

 4           that they are knowing what's happening.  If I 

 5           were deaf-blind, for example, and I had an 

 6           intervenor, the intervenor would be 

 7           explaining to me everything that we were 

 8           seeing on the screen here so that I know 

 9           what's happening -- letting me know if 

10           someone is laughing or if, you know, 

11           something's happening in the room.  

12                  ASSEMBLYWOMAN NIOU:  Right.

13                  DR. KAPPEN:  And there are many 

14           children that have blindness or deafness that 

15           have other disabilities that require medical 

16           intervention.  So some of those children 

17           maybe need a nurse to be able to monitor 

18           that.  And for the 4201 group, there has not 

19           been funding in their certificate of approval 

20           to allow them to do that. 

21                  So those are some of the things 

22           generically for our association that could 

23           really help the schools -- could help the 

24           schools help the state service these 


                                                                   515

 1           children.  Because we do have the skills and 

 2           the knowledge to be able to provide these 

 3           things. 

 4                  ASSEMBLYWOMAN NIOU:  Thank you so 

 5           much.  

 6                  CHAIRWOMAN WEINSTEIN: Thank you.

 7                  We go back to the Senate now.

 8                  CHAIRWOMAN KRUEGER:  Thank you.  

 9                  Senator Sean Ryan.

10                  SENATOR RYAN:  Thank you.  Thanks for 

11           your testimony today and, Dr. Kappen, thanks 

12           for your hard work. 

13                  I represent the area where St. Mary's 

14           School for the Deaf is, and I do a lot of 

15           work with Mike Kelly and his crew.  And I 

16           visited several times during COVID.  I was 

17           very impressed with all of the steps being 

18           taken, you know, in a very challenging 

19           environment to keep the kids coming into 

20           school, to keep everybody active and engaged, 

21           but also to keep a super-high level of 

22           academic learning going on at St. Mary's.  

23                  So I just want to give a shout out to 

24           the good work that you do.  And if you ever 


                                                                   516

 1           need anything that you need to reach out to 

 2           me on, you know, please do. 

 3                  DR. KAPPEN:  Thank you so much. 

 4                  SENATOR RYAN:  You're welcome.            

 5                  CHAIRWOMAN WEINSTEIN:  And we have 

 6           Assemblywoman Jo Anne Simon.            

 7                  ASSEMBLYWOMAN SIMON:  Thank you.  And 

 8           thank you all for your testimony and for 

 9           staying with us this long.  And I appreciated 

10           your testimony and the issues you raised with 

11           regard to the needs for this population.  

12                  One of the real challenges in the 

13           field is that there are -- it's not a 

14           high-incidence population, and that is a 

15           challenge for higher education and training.  

16           And it actually puts a little bit more 

17           pressure on the need for, you know, 

18           paraprofessionals to provide some of those 

19           services. 

20                  You know, I have sort of adopted the 

21           St. Francis de Sales School for the Deaf, as 

22           you may have heard, who really has tremendous 

23           physical plant needs, including their 

24           auditorium, which I was focusing on until the 


                                                                   517

 1           boiler went.  And so I appreciate very much 

 2           your advocacy for getting some funding for 

 3           them, and I would be happy to continue to 

 4           work with you on that in any way that I can.            

 5                  MR. BEOVICH:  Thank you so much.

 6                  CHAIRWOMAN WEINSTEIN:  Thank you all 

 7           for both for being here and with us.  We 

 8           appreciate it, and we appreciate all of the 

 9           good work that you do, your organizations do.            

10                  DR. KAPPEN:  Thanks for having us.            

11                  MR. BEOVICH:  Thank you, and thank you 

12           for all of your support.            

13                  CHAIRWOMAN WEINSTEIN:  The next panel, 

14           New York State Council of School 

15           Superintendents, Robert Lowry, deputy 

16           director; Council of School Supervisors and 

17           Administrators, Mark Cannizzaro, president; 

18           School Administrators Association of New York 

19           State, Cynthia Gallagher, director of 

20           government relations; New York State School 

21           Boards Association, Brian Fessler, director 

22           of government relations; ASBO New York, Brian 

23           Cechnicki, executive director; New York State 

24           Parent Teacher Association, Kyle 


                                                                   518

 1           Belokopitsky, executive director.  Hopefully 

 2           I got most of those names pronounced 

 3           correctly.  

 4                  If we could start with School 

 5           Superintendents, Robert Lowry.

 6                  MR. LOWRY:  Thank you very much, 

 7           Senator Krueger, Assemblywoman Weinstein.  

 8           And thank you for all of your efforts to 

 9           assure that the promise of the Foundation Aid 

10           formula will finally be fulfilled. 

11                  It is also a fact that the proposed 

12           increases in Foundation Aid and total school 

13           aid under the Governor's budget are stronger 

14           than any we have seen in many, many years. 

15           And so is the guarantee of a 3 percent 

16           increase in Foundation Aid for every 

17           district; 94 percent of the districts helped 

18           by this provision are average- or high-need 

19           districts.  

20                  And we also appreciate that the 

21           Governor's budget avoids cuts in 

22           expense-based and other aids, the kind of 

23           cuts that have been proposed in the past and 

24           have been routinely rejected by you.  


                                                                   519

 1                  One disappointment is that the 

 2           proposal would not provide an increase in 

 3           funding for Career and Technical Education.  

 4           We hope that's something you will address. 

 5                  There are some other facts we want you 

 6           to be mindful of.  We are in a period of high 

 7           inflation.  The Division of Budget projects 

 8           the CPI will rise by 4.1 percent next year. 

 9           The property tax cap for the coming year will 

10           be 2 percent before exemptions and exclusions 

11           are applied.  This puts pressure on all 

12           districts to rely more heavily on state aid, 

13           and the pressure is especially great for the 

14           poorest districts.  

15                  For the high-need districts a 

16           2 percent increase in the property tax levy 

17           would support only a 0.7 percent increase in 

18           total spending, and nearly half these 

19           districts rely on -- would receive only the 

20           3 percent minimum Foundation Aid increase. 

21                  You have heard a lot today about 

22           concerns about student mental health, and 

23           that's another set of facts to bear in mind. 

24           Every year between 2011 and 2019 we did 


                                                                   520

 1           surveys of superintendents on finance and 

 2           policy issues, and the last three years the 

 3           most widely noted findings were on the 

 4           mounting alarm among superintendents about 

 5           student mental health.  

 6                  We did another survey in November, and 

 7           my submitted testimony includes some details.  

 8           As you would guess, the concerns about 

 9           student mental health and well-being in 

10           general have grown.  But there is some 

11           positive news.  In the nine prior surveys, 

12           only twice had a majority of superintendents 

13           said any area of student services would be 

14           improved by their district's budget.  One of 

15           those was school security in the year after 

16           the Parkland tragedy in Florida.  This year 

17           in the survey we found 80 percent of 

18           superintendents said that student mental 

19           health services will be improved, and 

20           78 percent said that extra academic help for 

21           students who need it will be improved.  And 

22           yet those are still the two areas that are 

23           identified as the most widely cited 

24           priorities for new funding despite that.  


                                                                   521

 1                  Also, in open-ended comments in our 

 2           survey, superintendents over and over again 

 3           expressed concerns -- they expressed 

 4           gratitude and appreciation for what the 

 5           federal aid and Foundation Aid has made 

 6           possible, but they also expressed worry about 

 7           what happens when that federal money is gone. 

 8                  I have been involved with state 

 9           budgets for 40 years now.  The overall 

10           outlook for the state is unlike anything I 

11           have seen, extraordinarily promising.  So 

12           it's a good time to think about the future. 

13           And as part of that, we do think it is wise 

14           for the state to attempt to build its 

15           reserves.  We also ask that districts be 

16           provided more options to set aside funds in 

17           preparation for a time when the federal 

18           resources are gone but student needs remain 

19           and the state aid may not be so strong. 

20                  Also, we are now on verge of achieving 

21           full funding of Foundation Aid, so we think 

22           it is good time to begin a process to 

23           identify shortcomings in the formula and try 

24           to develop consensus on changes.  Among the 


                                                                   522

 1           issues we are prioritizing are reviewing how 

 2           student needs are accounted for and how the 

 3           Regional Cost Index is constructed.  

 4                  Finally, our commissioner, Betty Rosa, 

 5           has proven to be a truly ardent champion of 

 6           improving her department's capacity for 

 7           customer service.  We are encouraged that 

 8           Executive Budget at last proposes increased 

 9           funding for SED's operating budget.  But we 

10           oppose the recommendation to move 

11           administration of the child nutrition 

12           programs to the Department of Agriculture and 

13           Markets. 

14                  Thank you very much.            

15                  CHAIRWOMAN WEINSTEIN:  You can just go 

16           in the order of -- Mark Cannizzaro, next?            

17                  MR. CANNIZZARO:  Good evening, 

18           everyone.  And it's nice to see everyone, and 

19           thank you for having me.  

20                  And I echo everyone else's statements 

21           with a thank you for ensuring that the 

22           Foundation Aid is getting to the schools.  I 

23           have been going to Albany or testifying 

24           online here for seven or eight years in a 


                                                                   523

 1           row, and every year I am asking for more 

 2           Foundation Aid, and this year it is nice to 

 3           not have to ask for an increase in 

 4           Foundation Aid. 

 5                  And just as a point of clarification 

 6           for New York City schools -- and it was 

 7           testified to by Lindsey Oates earlier -- all 

 8           of the additional Foundation Aid that came to 

 9           New York City was placed into the Fair 

10           Student Funding formula just to bring it to 

11           100 percent for every school.  So a lot of 

12           the additional things that folks are talking 

13           about, Foundation Aid is not going to cover 

14           unless New York City does a better job at 

15           managing some of their other finances. 

16                  Also I spent a long time -- you know, 

17           you have my testimony, so I'm not going to 

18           read it to you, but I spent a long time 

19           listening today and I heard talks of, you 

20           know, the importance of some very important 

21           things:  Early childhood, community schools, 

22           social workers in schools, special education 

23           issues, keeping buildings open, and staff 

24           attendance.  And I urge you to check 


                                                                   524

 1           supervisor attendance, principal and 

 2           assistant principal attendance, because that 

 3           didn't drop a tick.  You know, COVID issues 

 4           with social and emotional learning and 

 5           student behaviors, more CTE programs, 

 6           dyslexia, teacher retention -- and there was 

 7           talk of school climate having a lot to do 

 8           with teacher retention -- remote learning, 

 9           different ideas about what needs to be in a 

10           curriculum, parent engagement, and equity. 

11                  All of those things, and I think 

12           sometimes -- this is not lost on you, but 

13           sometimes not in the forefront of your mind.  

14           None of those things happen in a school or 

15           for children without the school leaders and 

16           the administrators.  And why do I say all of 

17           that?  Because there has been very little 

18           support for them in terms of professional 

19           development and having, you know, enough 

20           staff to handle what needs to be handled in 

21           the schools, especially at this time. 

22                  At CSSA we have a program for -- a 

23           professional development program.  We call it 

24           the Educational Leaders Institute -- 


                                                                   525

 1           Executive Leader Institute, I'm sorry, and we 

 2           focus on retention and recruitment of school 

 3           leaders.  And good school leaders are going 

 4           to focus on retention and recruitment of 

 5           teachers.  Okay, we have a program designed 

 6           especially for assistant principals who are 

 7           interested in becoming principals.  We have 

 8           mentorships for our brand new assistant 

 9           principals and principals, which is sorely 

10           needed.  Okay?  

11                  And we are requesting some funding, as 

12           we always do, and we hope that the 

13           Legislature will support us in that funding 

14           this year.  

15                  And we also have some issues with the 

16           assistant principal in every school, and we 

17           are hoping we get some support there also.  

18           You know, the assistant principals are the 

19           ones that ensure safety.  They ensure good 

20           school climate.  They ensure a succession 

21           plan for when the principal does leave or 

22           retire or go elsewhere.  And when we talk 

23           about shortages with cafeteria staff, 

24           guidance staff, social workers, teachers, the 


                                                                   526

 1           people that -- it is the assistant principals 

 2           that step right up and fill in in those spots 

 3           and take on those critical roles.  

 4                  So I urge you to consider, especially 

 5           during this time of COVID, the fact that a 

 6           recent NASSP report says that 44 percent of 

 7           school leaders feel that they are going to 

 8           accelerate their exit plan, whether it is 

 9           through retirement or another way, from this 

10           system.  We need not only quality support for 

11           these people, but we need more of them.  And 

12           we need people to understand that they are 

13           completely overworked and they need the help.  

14                  So like I said, my remarks are in 

15           writing, but I just wanted to share that 

16           today.  Thank you.            

17                  CHAIRWOMAN WEINSTEIN:  Thank you. 

18                  Next, the School Administrators 

19           Association, Cynthia Gallagher.

20                  MS. GALLAGHER:  Yes.  Good evening, 

21           and thank you for the opportunity to present 

22           testimony.  Regardless of the format or the 

23           platform, we are always privileged to feel 

24           that we have input into this process.  


                                                                   527

 1                  My name is Cindy Gallagher, and I am 

 2           the director of government relations for 

 3           SAANYS, which is the School Administrators 

 4           Association of New York State -- about 8,000 

 5           members and about 428 school districts.

 6                  Part of my written testimony you will 

 7           see and be very familiar with in terms of 

 8           hearing points about this evening as well as 

 9           earlier in testimony.  I'd like to focus 

10           right on the building administrators and 

11           program directors.  Their jobs have increased 

12           tenfold this year, and it is complex and it 

13           is challenging.  We hear from all of them 

14           that they are contract tracers, COVID 

15           reporters, and COVID police.  

16                  From our Rochester colleagues we know 

17           that they have become supply distributors for 

18           masks and test kits.  For our Long Island 

19           principals, we know that they are translators 

20           of health policies that come out very late on 

21           Friday evening.  For our Central New York 

22           supervisors, they have become the supervisors 

23           for the pool of new substitute teachers who 

24           do not know the protocols very well.  And in 


                                                                   528

 1           our smaller districts, such as Herkimer, our 

 2           principals have become classroom teachers -- 

 3           not just for a period, not for a day, but 

 4           sometimes a couple of days or a week. 

 5                  So they are exhausted.  So from their 

 6           perspective, this increase in state aid and 

 7           Foundation Aid, at 7 percent and 8 percent 

 8           respectively, is like an anchor in quicksand, 

 9           if that could be such a thing.  They are 

10           extremely supportive and grateful that you 

11           have lifted a piece of their burden from 

12           them. 

13                  Very supportive of the use of the 

14           Foundation Aid formula, the statutory 

15           formula.  It begins to provide a stability 

16           again in a very unpredictable context.  So in 

17           that regard, they have now a tool that they 

18           could at least use for planning and budgeting 

19           the fiscal end of things. 

20                  Some of the issues that are very 

21           important to our members, of course, are 

22           mental health.  Mark indicated a survey -- 

23           the same one, the same piece of that survey 

24           indicates that 58 percent of our principals 


                                                                   529

 1           feel that the mental health supports to 

 2           students is the highest priority, except that 

 3           only 20 percent think that the services 

 4           provided are sufficient.  So the 100 million 

 5           for the Recovery from COVID Fund, the 

 6           2 million for the positive climates are all 

 7           excellent directions to move in, but it does 

 8           not strengthen -- state initiatives show.  

 9                  So we would urge us to think as a 

10           state on how we can help direct funding 

11           streams to really encourage agency 

12           collaboration as opposed to agency collision 

13           that might have happened this year off and 

14           on. 

15                  Other areas that are important to us 

16           are professional development, as well as the 

17           waiving of the salary cap for retired workers 

18           who wish to come into the workforce.  We also 

19           would support the idea that school districts 

20           be provided the same kind of ability for a 

21           15 percent reserve fund as did Dr. Mujica in 

22           his comments regarding state agencies.  

23                  So we thank you very much for this 

24           opportunity to talk with you tonight.  We 


                                                                   530

 1           know that you've heard a tremendous amount of 

 2           information today.  And of course we will 

 3           always be participants in any which way we 

 4           can to support you.            

 5                  CHAIRWOMAN WEINSTEIN:  Thank you. 

 6           Right on time. 

 7                  New York State School Boards 

 8           Association. 

 9                  MR. FESSLER:  Sure.  Good evening.  My 

10           name is Brian Fessler, and I appreciate the 

11           opportunity to offer our response and 

12           reactions to the Executive Budget proposal 

13           with you all, on behalf of the 671 member 

14           school boards that we serve here at the 

15           New York State School Boards Association.  

16                  I think it is important to start with 

17           a thank you.  As you heard from many who have 

18           testified so far today, there is much to be 

19           encouraged by in this budget, and certainly a 

20           significant part of that is due to you and 

21           your colleagues enacting the Foundation Aid 

22           phase-in plan in last year's budget.  We are 

23           very pleased to see Year 2 of that plan 

24           included in this year's proposal.  


                                                                   531

 1                  And we are also strongly supportive of 

 2           the proposal to ensure that all districts 

 3           would receive a minimum increase in 

 4           Foundation Aid, recognizing that all 

 5           districts face cost increases each year, 

 6           especially in the current inflationary 

 7           environment.  

 8                  NYSSBA's also pleased to see the 

 9           Governor's proposal to further expand access 

10           to broadband through the ConnectALL plan.  

11           Addressing the digital divide is an issue of 

12           equity that our members have recognized for 

13           years, which has only become more profound in 

14           this time of remote and hybrid learning. 

15                  We further encourage state leaders to 

16           add to ConnectALL initiative by moving 

17           minimum internet speed requirements to 

18           100 upload/100 download, which is more in 

19           line with the needs of a 21st-century world.

20                  In addition to being supportive of 

21           other proposals, including the recovery fund 

22           to support school district efforts to address 

23           student well-being and learning gaps, and 

24           funding to allow districts to make and 


                                                                   532

 1           implement decisions in the best interests of 

 2           the global environment, NYSSBA is also 

 3           particularly pleased to finally see a plan to 

 4           authorize forgiveness for districts who are 

 5           facing aid loss for building and 

 6           transportation expenses that were properly 

 7           expended but were subject to penalty for late 

 8           filing of forms due to inadvertent 

 9           administrative or ministerial oversights.  

10                  Now, as you consider the Executive 

11           Budget, there are three items that I wanted 

12           to mention specifically in hopes of seeing 

13           their inclusion in the final budget.  First, 

14           we ask for the current BOCES instructor 

15           aidable salary cap, now 30 years old, to be 

16           raised, in conjunction with an increase in 

17           special services aid for noncomponent 

18           districts.  This is critical, as the interest 

19           in and importance of Career and Technical 

20           Education grows. 

21                  Second, at a minimum, we ask for the 

22           $20 million allocation for prior-year aid 

23           claims to be restored in this budget.  This 

24           is even more important given the Governor's 


                                                                   533

 1           aid forgiveness proposal that I mentioned 

 2           previously. 

 3                  And last, we think it is important 

 4           that the discussion about the future of the 

 5           Foundation Aid formula updates and 

 6           adjustments begin in earnest.  Starting that 

 7           process now, rather than when the formula is 

 8           fully funded in '23-'24, would allow for a 

 9           better understanding as well as appropriate 

10           and responsible transitions. 

11                  Again, thank you for the opportunity 

12           to offer NYSSBA's reaction to the budget 

13           proposal, and we look forward to our 

14           continued work together.  Thank you.            

15                  CHAIRWOMAN WEINSTEIN:  Thank you.            

16                  ASBO New York?  

17                  MR. CECHNICKI:  Thank you.  Good 

18           evening.  Thank you to the chairs and members 

19           of the committees for providing the 

20           opportunity today to speak with you, 

21           especially with these honored panelists 

22           joining me. 

23                  My name is Brian Cechnicki, and I am 

24           the executive director of ASBO New York, the 


                                                                   534

 1           Association of School Business Officials.  

 2                  You have our written testimony, and I 

 3           would like to highlight a few items of what 

 4           is in and not in the Executive Budget 

 5           proposal. 

 6                  Overall, Governor Hochul's '22-'23 

 7           Executive Budget provides the greatest level 

 8           of optimism in the education finance space in 

 9           a long time.  The longstanding promise of 

10           achieving the full phase-in of the Foundation 

11           Aid formula, thanks to the efforts made by 

12           this Legislature last year, is finally within 

13           reach.  We fully support the Governor's 

14           commitment to funding the second year of this 

15           three-year plan. 

16                  In our testimony we do highlight that 

17           despite this investment there are a number of 

18           school districts who are considered already 

19           fully phased-in due to a number of different 

20           factors, but they will receive a 3 percent 

21           increase.  This is an important feature, 

22           especially in light of current inflationary 

23           trends driving up costs across the spectrum. 

24                  We are heartened by the fact that the 


                                                                   535

 1           Governor has proposed fully funding the 

 2           expense-based aid categories in hope that the 

 3           Legislature will accept that recommendation. 

 4           The Governor has also proposed forgiving aid 

 5           penalties associated with inadvertent filing 

 6           errors for both transportation and building 

 7           aid.  We have long supported these provisions 

 8           and welcome their inclusion in her proposal. 

 9                  There are other provisions that we 

10           have some questions and concerns about, 

11           though, before we are able to provide our 

12           support.  First, with respect to the RECOVS 

13           mental health fund, we think that it is 

14           important to ensure that the grant 

15           application process is not so burdensome as 

16           to prevent districts from seeking these 

17           funds. 

18                  Second, while laudable in its goal, 

19           the conversion to all-electric school buses 

20           will require a careful review of the 

21           transition costs.  Using the existing 

22           transportation need construct and funding 

23           these costs is an important first step, but 

24           the possibility of increased aggregate local 


                                                                   536

 1           costs must first be clarified. 

 2                  Moving beyond the proposal, there are 

 3           a few items that were not included in the 

 4           budget that are described in detail in our 

 5           written testimony, and I'd like to highlight 

 6           a few of those items.  

 7                  First, the budget does not include an 

 8           appropriation for the payment of prior-year 

 9           adjustments, which would hold in limbo nearly 

10           $300 million in aid that is currently owed to 

11           school districts.  In addition, the 

12           forgiveness provisions that we support are 

13           paid out of this fund, and that funding would 

14           also be withheld.  We ask that this funding 

15           be restored as a permanent line item, not one 

16           subject to the annual renewal process through 

17           the budget. 

18                  Second, we believe that the current 

19           inflationary period has highlighted the need 

20           for the tax cap to grow with inflation when 

21           it rises above the current 2 percent limit. 

22                  Third, the Governor spoke to the need 

23           for the state to maintain a 15 percent fund 

24           balance.  School districts are currently 


                                                                   537

 1           limited to a 4 percent fund balance, and we 

 2           support increasing that to 10 percent over a 

 3           three-year period.

 4                  And finally, with the full 

 5           implementation of the federal ESSA financial 

 6           transparency requirement, the duplicative and 

 7           burdensome state requirement should also be 

 8           repealed. 

 9                  Thank you again for this opportunity, 

10           and I look forward to your questions.            

11                  CHAIRWOMAN WEINSTEIN:  Thank you.  

12                  And now, New York State Parent Teacher 

13           Association, Kyle Belokopitsky.  

14                  Good evening.  

15                  MS. BELOKOPITSKY:  Good evening.  I'm 

16           Kyle Belokopitsky, executive director for the 

17           New York State PTA.  And on behalf of our 

18           president, Dana Platin, we are proud to 

19           represent our 250,000 members and the 

20           families of our 2.6 million schoolchildren. 

21                  In the past immediate years we have 

22           watched in awe as dedicated, outstanding 

23           educators, teachers, and school-related 

24           professionals and school leaders do all they 


                                                                   538

 1           can do to serve our children.  We sincerely 

 2           thank them. 

 3                  Families have been now combating this 

 4           pandemic for two years, far longer than we 

 5           can ever have imagined, dealing with 

 6           underemployment and unemployment, food 

 7           insecurity, homelessness, trauma, sickness, 

 8           and mental health concerns.  They are 

 9           juggling work, family, childcare, and 

10           quarantine while at the same time trying to 

11           figure out how to access Wifi for learning, 

12           how to keep their children fed, and how to 

13           keep lights on and the heat on. 

14                  Public education is our nation's 

15           greatest hope.  It is a promise that all 

16           children, regardless of ethnicity, gender and 

17           gender identity, learning abilities, or 

18           spoken words, have the right to a free, 

19           appropriate, high quality and diverse 

20           education -- one that will meet our 

21           children's needs and support them in our 

22           global economy. 

23                  We thank you, the Legislature and 

24           Governor Hochul, for your commitment to all 


                                                                   539

 1           children, their families, and our schools. 

 2           Overall, we are highly supportive of the 

 3           Executive Budget:  The full commitment to 

 4           Foundation Aid and expense-based aids, 

 5           after-school programs, early high school, 

 6           PTECH and community schools.  We also 

 7           appreciate the increase for our Special Act 

 8           schools and many programs to support our 

 9           great teachers, SUNY, CUNY, and the expansion 

10           of TAP.  

11                  There is a legislative opportunity, 

12           however, to support expansion of CTE and STEM 

13           and support BOCES programs through an 

14           increase of the aidable salary cap and 

15           special services aid.  

16                  On pre-K and childcare there is a 

17           great opportunity, and we look to the 

18           Legislature for meaningful increases for 

19           high-quality, school-based pre-K programs and 

20           childcare for families.  

21                  On the school lunch program, we 

22           strongly oppose the transfer from SED to 

23           Ag and Markets.

24                  While we support the Recover fund, 


                                                                   540

 1           there is a meaningful opportunity for the 

 2           Legislature to increase support for 

 3           school-based mental health initiatives for 

 4           our children.  

 5                  We also appreciate the investment in 

 6           broadband and support the expansion of 

 7           high-quality, low- or no-cost broadband for 

 8           families, and strongly support 

 9           Senator Mayer's E-Learn proposal.  

10                  We fully support the expansion of 

11           school-and-community-based arts and music 

12           instruction -- as I sit here reflecting on my 

13           son's unicorn painting over my shoulder and 

14           him playing the saxophone in the other room.  

15                  See, every parent and family has a 

16           dream for their child.  It is our job to be 

17           dream makers, ensuring every child -- no 

18           matter their zip code, no matter their 

19           ethnicity, their gender identity, their 

20           income, their immigration status -- has the 

21           highest-quality 21st-century education to 

22           lead them to success in college, career or 

23           life. 

24                  We humbly ask that you continue to 


                                                                   541

 1           infuse our schools with the tools and 

 2           resources necessary to accelerate the success 

 3           of our children.  Together we can shine a 

 4           light on every child and make every child's 

 5           potential a reality.  There is no more other 

 6           important work.  

 7                  Thank you very much.            

 8                  CHAIRWOMAN WEINSTEIN:  Thank you. 

 9                  So now we are going to go to some 

10           questions.  And we will start with our 

11           Education chair in the Assembly, 

12           Assemblyman Benedetto.

13                  ASSEMBLYMAN BENEDETTO:  Good evening, 

14           everyone.  And yes, it is evening now.  

15                  I thank you for being with us here 

16           today and for your comments that you made.  

17           They were informative and good and kindly and 

18           important and well-taken. 

19                  And in particular, I want to say hello 

20           to my friend Mark Cannizzaro for being here.  

21           And to you and to all the people who are 

22           directly involved in education under these 

23           times, you have acted under difficult times 

24           and shown just wonderful leadership, 


                                                                   542

 1           leadership by example.  

 2                  But the supervisors, the principals in 

 3           those schools have always done that.  And 

 4           just being a teacher for so many years in my 

 5           life, I certainly knew and witnessed 

 6           firsthand that if you had a good school, you 

 7           generally had good administrators and good 

 8           supervision outside.  And that is still the 

 9           case, and we thank you for that.  And may you 

10           continue that, and we will at the same time 

11           continue to support you all. 

12                  Thank you for listening.            

13                  CHAIRWOMAN WEINSTEIN:  Thank you.  

14                  We go to the Senate.            

15                  CHAIRWOMAN KRUEGER:  Thank you very 

16           much.  And for the Senate opening, Shelley 

17           Mayer, our chair of Education. 

18                  SENATOR MAYER:  Thank you, and it is 

19           really a pleasure to see all of you and to 

20           acknowledge your leadership and your 

21           partnership.  

22                  I mean, we didn't get to this much 

23           better place than we have ever been in before 

24           without your collective work, and I want to 


                                                                   543

 1           thank you all for being really wonderful 

 2           partners.  And also during COVID, putting 

 3           kids first.  So thank you. 

 4                  Two things.  One, it was nice to hear 

 5           so many of you speak about the importance of 

 6           full-day pre-K as sort of institutional thing 

 7           we should do statewide.  We know the City of 

 8           New York was far ahead of the state, frankly, 

 9           in making it a universal given.  I hope that 

10           we can count on you all to work with us to 

11           ensure that the funding is there.

12                  And it would be useful for you, 

13           particularly Mark and Cynthia, to talk about 

14           how your members feel about the impact, the 

15           educational and social impact, of having a 

16           full-day program for 4-year-olds.  So I think 

17           that would be helpful going forward, because 

18           that's part of the case.  It is not just 

19           the -- it is a value education, and -- well, 

20           maybe Mark could speak to that for a second, 

21           if you would.

22                  MR. CANNIZZARO:  Sure, I would love 

23           to.  

24                  When you speak to the principal of an 


                                                                   544

 1           elementary school and children or a 

 2           kindergarten teacher, they can tell without 

 3           asking, within, you know, half a day, which 

 4           students have been in 3-K and pre-K and which 

 5           students have not.  And they are far advanced 

 6           and much more ready to tackle, you know, 

 7           school and everyday schooling when they have 

 8           had that opportunity.  So we strongly support 

 9           it. 

10                  The one issue that we're going to ask 

11           for support back on is about two-thirds of 

12           3-K and pre-K students are in CBO preschools, 

13           and those folks make 50 percent -- the 

14           leaders and directors there make 50 percent 

15           of what a school assistant principal earns, 

16           which is about a $60,000 difference.  And it 

17           is almost impossible to retain these folks in 

18           those CBO centers when they have the 

19           opportunity to move on.  

20                  So we really need some help there.  We 

21           have actually -- we're actually in the 

22           position where we have sued to try to correct 

23           this.            

24                  ASSEMBLYWOMAN MAYER:  Thank you. 


                                                                   545

 1                  Just two other things.  One, Brian 

 2           talking about the ConnectALL program and 

 3           increasing high-speed broadband to a really 

 4           more reasonable rate, thank you for that.  I 

 5           hope we can count on your support.  I think 

 6           last year's broadband speed was inadequate, 

 7           and it is interesting that you see that from 

 8           your perspective.  

 9                  One thing, Bob Lowry, you didn't 

10           mention -- I know it is a budget hearing, but 

11           superintendents have had to deal with 

12           inconsistent health guidance, particularly 

13           under the prior governor, and it has been 

14           real challenge.  

15                  Can you just speak to the need for 

16           more clarity and more communication to 

17           superintendents, if that's an issue?            

18                  You are muted.  I am sorry, you're 

19           muted. 

20                  MR. LOWRY:  It absolutely is a 

21           concern.  It has been a frustration.  I would 

22           say that we feel that the tenor of the 

23           relationship with the administration, the 

24           Health Department, has improved.  But we 


                                                                   546

 1           still continue to have concerns about some of 

 2           the rules and also just the varied approaches 

 3           across counties.  

 4                  We have asked for statewide rules on 

 5           some issues because school districts cross 

 6           county lines.  Over a third of school 

 7           districts cross county lines.  You take out 

 8           Long Island -- upstate, it is over 

 9           40 percent.  And school employees don't have 

10           to live where they work.  So the issue of, 

11           you know, different rules across counties has 

12           been a point of frustration.            

13                  ASSEMBLYWOMAN MAYER:  I am going to 

14           stop you.  I am going to run out of time, and 

15           I apologize.  Thank you for that. 

16                  And I also wanted to thank Kyle for 

17           support of e-learning and the collective 

18           support for a better broadband policy.  I 

19           didn't mean to cut you off.  I am worried 

20           they are going to shut me down.            

21                  CHAIRWOMAN KRUEGER:  Thank you, 

22           Shelley.

23                  Next?            

24                  CHAIRWOMAN WEINSTEIN:  We go to 


                                                                   547

 1           Assemblyman Ra.            

 2                  ASSEMBLYMAN RA:  Thank you, Chair, and 

 3           thank you all.  This is a very experienced 

 4           and knowledgeable panel.  So it's always 

 5           great to hear from all of you, and thank you 

 6           for the work you all do. 

 7                  I just had a question.  Kyle mentioned 

 8           it a little bit, but, you know, if anybody 

 9           else wants to give a little more detail as to 

10           what this transition to the zero-emission 

11           school buses -- really, the burden that it 

12           has the potential to bring.  Because, you 

13           know, certainly making it aidable is helpful, 

14           but absent, you know, full funding for it, 

15           between the infrastructure and the costs of 

16           the buses themselves, it is going to be quite 

17           an undertaking to make this conversion -- and 

18           to start to do it this soon.            

19                  MR. CECHNICKI:  I am happy to give 

20           some thoughts from the business side.  You 

21           know, we have been talking with some of the 

22           transportation folks to better understand 

23           this as well, and I think you are right, the 

24           Transportation Aid that would fund some of 


                                                                   548

 1           these costs is helpful.  

 2                  The scale that we are talking about, 

 3           though, both in terms of the production 

 4           capacity of the industry to provide the buses 

 5           but also the ability of districts and the 

 6           third-party providers to scale up their own 

 7           garages, personnel, equipment, and all of 

 8           those things -- you know, even with the aid, 

 9           even on Transportation Aid being a year 

10           lagging, there definitely is some concern 

11           about the scale there.  

12                  So I think those are some details that 

13           we want to dive into.  But I think it is 

14           worth looking into a little more, just the 

15           exact timeframe to make all of that happen, 

16           because again, I think on the bus side, I 

17           think there's about 55,000 buses statewide. 

18           That's a lot of buses to convert over in a 

19           short period of time.  And I think we need to 

20           take a close look at that.            

21                  MR. LOWRY:  And if I could, I would 

22           add it is not only the buses, it is also 

23           things like replacing gasoline storage tanks 

24           with charging stations. 


                                                                   549

 1                  MS. BELOKOPITSKY:  Assemblyman, from a 

 2           parents' perspective, we are worried about 

 3           that proposal as well.  While we of course 

 4           support green initiatives, parents are 

 5           worried there's not going to be buses to 

 6           actually transport their children because of 

 7           timeline and cost issues and supply/demand 

 8           issues.            

 9                  ASSEMBLYMAN RA:  Yes.  And I mean, 

10           Bob, to your point, I would think, you know, 

11           you are going to have districts that are 

12           going to have some interim period where they 

13           are starting to roll out some electric but 

14           still have traditional buses.  That's how you 

15           make those two things work, needing the space 

16           for the charging and all that.  It's going to 

17           be a challenge.            

18                  All right.  Thank you, guys.            

19                  CHAIRWOMAN KRUEGER:  Senator Serino.  

20                  Is that all right, Assemblywoman?

21                  CHAIRWOMAN WEINSTEIN:  Yes.  We go to 

22           the Senate now. 

23                  CHAIRWOMAN KRUEGER:  Thank you. 

24                  Senator Serino.


                                                                   550

 1                  SENATOR SERINO:  Thank you, 

 2           Madam Chair. 

 3                  I just want to say thank you to all of 

 4           you for all of the care you give to our 

 5           children and acknowledging the issues with 

 6           mental health.  

 7                  Mr. Lowry, I was wondering, what do 

 8           you think would be an appropriate increase 

 9           for the Career and Technical Education?  

10           Because I think that is so important, and we 

11           should even actually be getting younger 

12           children involved.            

13                  MR. LOWRY:  Yes.  There are two 

14           funding streams for current technical 

15           education.  One is through BOCES Aid -- there 

16           is an aidable salary limit.  That has not 

17           been changed since, I think, 1990.  It's, in 

18           any event, over 30 years.  The Education 

19           Department, the Regents in their state Aid 

20           proposal called for a phased increase in 

21           that, and we would support that approach. 

22                  For the Big 5 cities and a handful of 

23           our districts that are not in BOCES, they are 

24           supported through Special Services Aid, and 


                                                                   551

 1           we would support a corresponding increase in 

 2           that funding. 

 3                  SENATOR SERINO:  Well, thank you very 

 4           much, everyone.            

 5                  CHAIRWOMAN WEINSTEIN:  Thank you.            

 6                  So we go to -- the next Assemblymember 

 7           is Assemblyman Jensen.            

 8                  ASSEMBLYMAN JENSEN:  Thank you, 

 9           Madam Chair. 

10                  To sort of ask the group a question, 

11           we in our communities, especially my district 

12           and the Greater Monroe County community, 

13           we've seen a large uptick over the past year 

14           and half of school board meetings becoming 

15           highly confrontational for a multitude of 

16           reasons, whether it's curriculum-based or 

17           dealing with mandates that are being put on 

18           districts by the executive branch.  

19                  I just want pick your brains and see 

20           what your thoughts are.  How do we lower the 

21           temperature -- and -- encourage --

22                  (Zoom interruption.)  

23                  CHAIRWOMAN KRUEGER:  Jo Anne Simon, 

24           please mute.            


                                                                   552

 1                  ASSEMBLYWOMAN SIMON:  Sorry.

 2                  ASSEMBLYMAN JENSEN:  -- encourage 

 3           positive relationships between our 

 4           educational leadership with our parents, with 

 5           our students, and get your thoughts on what 

 6           you are hearing from your members.            

 7                  MR. FESSLER:  I could jump in on that 

 8           from the School Boards Association 

 9           perspective. 

10                  One of the things that we do in 

11           support of our members internally is provide 

12           training, like a lot of our organizations do.  

13           And we have had a couple of trainings 

14           statewide, and then with various groups, to 

15           provide information and suggestions and 

16           guidance as to what are the roles and 

17           responsibilities of school boards.  

18                  In this context, what are suggestions 

19           in order to bring down the temperature 

20           regardless of where you are on whatever the 

21           issue may be, to bring down the temperature 

22           to ensure that, you know, we have productive, 

23           civil dialogues and conversations.  

24                  So, you know, certainly no silver 


                                                                   553

 1           bullet, I think.  You know, a lot of these 

 2           issues, as you note, are contentious.  And, 

 3           you know, it is a challenging time for a 

 4           variety of reasons.  And so our association, 

 5           on behalf of our membership, tries to make 

 6           sure to provide those opportunities and 

 7           trainings and suggestions to ensure that the 

 8           relationship between the school district, 

 9           community residents, taxpayers, parents, 

10           students, family members, teachers -- that 

11           that dialogue and conversation is as 

12           productive as it can be, given the 

13           contentiousness of a lot of the issues that 

14           we are discussing.

15                  ASSEMBLYMAN JENSEN:  Brian, do you 

16           think a lot of those issues -- if there was 

17           more local control that local school leaders 

18           had in determining some these things, might 

19           that lower the temperature as well?  Because 

20           there is an ownership in that community 

21           rather than a sense that they are being 

22           dictated to from Albany.  

23                  MR. FESSLER:  I think it's really --  

24           it tends to be issue-specific.  You know, 


                                                                   554

 1           certainly we are supportive of local control,  

 2           you know, as a kind of foundational 

 3           principle.  But you did hear, I think, you 

 4           know, some of those conflicts and challenges 

 5           arise from various levels of inconsistency, 

 6           whether appropriate or not, you know -- 

 7           varying guidance, directions, rules on a 

 8           county-by-county basis.  

 9                  So certainly I think some of, you 

10           know, the frustrations arise from that level 

11           of inconsistency regardless of the local 

12           control aspect.            

13                  ASSEMBLYMAN JENSEN:  Thank you.            

14                  MR. LOWRY:  Thank you.            

15                  CHAIRWOMAN WEINSTEIN:  Thank you.  

16                  We will go to Senator Krueger.            

17                  CHAIRWOMAN KRUEGER:  Thank you.  

18                  I want to thank all of you for your 

19           hard work.  But my question is specifically 

20           for Kyle from the Parent Teacher Association. 

21                  So there's quite a bit of discussion 

22           in New York City about mayoral control, and I 

23           don't know anyone who wants to do away with 

24           it.  And yet we hear from parents very often 


                                                                   555

 1           that they feel like they have been locked out 

 2           of participating in our school system.  

 3                  And I'm just curious whether the 

 4           State PTA has any thoughts about how one can 

 5           continue mayoral control while at the same 

 6           time making sure parents really do feel like 

 7           they have a role in our school system and in 

 8           their children's education, since certainly 

 9           my experience is schools where parents get 

10           involved are absolutely the best schools.  

11           You know, you have a win-win from parental 

12           involvement.  And I'm just curious what your 

13           association's opinion is.

14                  MS. BELOKOPITSKY:  And, Senator, we 

15           would totally agree with you.  

16                  You know, Michael Mulgrew earlier had 

17           some New York City-specific ideas about how 

18           to increase parent involvement there. 

19                  Family engagement is the most 

20           important thing, in our opinion, that a 

21           school could be doing.  Really meaningful, 

22           two-way, back-and-forth, thoughtful and 

23           listening communications between parents and 

24           caregivers, between principals, 


                                                                   556

 1           school-related professionals, classrooms, and 

 2           then school leaders.  

 3                  You know, we are renewed about 

 4           continued conversations in New York City.  We 

 5           have a fantastic PTA in Queens, Queens 

 6           Community PTA, so we're really excited about 

 7           that.  New York City also manages many of 

 8           their own parent programs.  So we continue to 

 9           always encourage New York City parents that 

10           do call our office to continue to have those 

11           conversations, to have them in your school 

12           district or in your school building with your 

13           local parent-teacher organization that they 

14           have in New York City. 

15                  But I think you're right.  I think 

16           it's that meaningful two-way communication.  

17           Parents and families want to feel like they 

18           are both being listened to and heard, and 

19           then have some type of change come out of 

20           those conversations.

21                  CHAIRWOMAN KRUEGER:  Thank you very 

22           much.  Thank you all.

23                  Assembly.  

24                  CHAIRWOMAN WEINSTEIN:  Yes, we have a  


                                                                   557

 1           number of Assemblymembers.  

 2                  Assemblyman Otis first.

 3                  ASSEMBLYMAN OTIS:  Hi, there. 

 4                  I think I would like to ask a question 

 5           of Brian from the School Business Officials 

 6           regarding something you mentioned in passing 

 7           in your testimony, but I'm really curious as 

 8           to school districts during COVID and the 

 9           unexpected expenses for testing, for other 

10           kinds of materials, and what they have done 

11           in varying ways to try and fit that into 

12           their financial plans and into their budgets, 

13           often not compensated for by state aid. 

14                  And any recommendations you can make 

15           on how we can try and make sure some of that 

16           stuff is reimbursed, if possible, or how you 

17           see that.  And I'll just say my experience is 

18           different districts dealt with these 

19           challenge in different ways.  Wealthier 

20           districts probably had a better foothold on 

21           options than higher-needs districts, and that 

22           in itself was not fair. 

23                  So whatever you can provide.  School 

24           business officials are often the best ones to 


                                                                   558

 1           ask a question like this, because they have 

 2           to solve those problems.            

 3                  MR. CECHNICKI:  Sure.  I think, you 

 4           know, certainly the beginning of the 

 5           pandemic, that was certainly a challenge 

 6           because there was sort of the double whammy 

 7           of being hit with those expenses, but also in 

 8           an environment where aid was being cut at the 

 9           time. 

10                  I think in the more recent years, 

11           between, you know, the first phase-in-step 

12           last year with Foundation Aid, the $3 billion 

13           increase in the budget, the additional 

14           federal money -- I think a lot of those 

15           expenses -- you know, the money is now 

16           available, but really it's a matter of how to 

17           access that money.  

18                  And so there's lots of different 

19           funding streams now, and all of them have 

20           different requirements.  And so specifically 

21           with those mental health grants, we're sort 

22           of a little concerned just about what that 

23           grant process will be.  Because the more and 

24           more, you know, districts have to complete 


                                                                   559

 1           long applications to, you know, receive these 

 2           funds -- and certainly that's the case with 

 3           the federal money -- it just becomes an 

 4           impediment to districts wanting to seek those 

 5           funds.

 6                  The other piece here that we have been 

 7           advocating for on the property tax cap 

 8           side -- so for districts that are less 

 9           reliant on state aid and more reliant on 

10           their local property taxes, in this current 

11           inflationary environment that's putting a lot 

12           of pressure -- those added costs are putting 

13           pressure on them as well. 

14                  And so having some room within the 

15           property tax cap to allow for true 

16           inflationary growth will provide some of 

17           that, you know, swing room to allow for 

18           those.  So it's really -- there's a lot of 

19           money there, but a lot of it is sort of the 

20           process of getting that funding and, you 

21           know, trying to reduce the administrative 

22           side of that as much as possible.            

23                  ASSEMBLYMAN OTIS:  Well, thank you.  

24                  And I concur with your recommendation 


                                                                   560

 1           on the reserve fund percentage, that that 

 2           is -- 4 percent is way too low to be 

 3           responsible.  

 4                  Thank you.            

 5                  CHAIRWOMAN WEINSTEIN:  Thank you. 

 6                  I don't see any Senators, so I will go 

 7           on with the next Assemblymember, 

 8           Assemblywoman Niou --

 9                  CHAIRWOMAN KRUEGER:  I'm sorry, no 

10           more Senators.  Excuse me, no more Senators.

11                  CHAIRWOMAN WEINSTEIN:  Right.

12                  Assemblywoman Niou.

13                  ASSEMBLYWOMAN NIOU:  Hello.  Thank you 

14           so much for waiting so long tonight.  I 

15           wanted to ask a couple of questions, probably 

16           for Kyle and then for Mark.  But I think 

17           anybody could probably answer.  Or people can 

18           answer if they want to.  

19                  But I've heard from many parents in 

20           New York City, in my district especially, 

21           they feel unheard with regards to, you know, 

22           COVID protocols, remote options.  You know, 

23           we also heard from a couple of teachers and 

24           the teachers' union, and Michael and Andy, 


                                                                   561

 1           and we just heard that some different things 

 2           have been good and bad.  Because some people 

 3           started to learn differently, we started to 

 4           see people, you know, actually blossom under 

 5           certain kinds of remote learning because that 

 6           was a different learning style.  And some 

 7           people were having a harder time because 

 8           there were changes in their learning style.  

 9                  And so we wanted to kind of see what 

10           sort of frustrations and what sort of stories 

11           you were hearing from parents.  And do you 

12           feel like you've been heard by city and state 

13           officials?  

14                  I also wanted to ask specifically, you 

15           know, if union members felt like they've, you 

16           know, clear guidance.  I guess administrators 

17           also, if they had any clear guidance from 

18           relevant local and state authorities when it 

19           came to COVID protocols.  And do you feel 

20           like they've been left on their own?  Do you 

21           feel like you've been left on your own when 

22           it comes to decisions regarding the safety of 

23           students and themselves and their staff 

24           during this pandemic?            


                                                                   562

 1                  MR. CANNIZZARO:  Yes.  So all of those 

 2           things are important points that you hit, you 

 3           know, I heard Brian talking about the 

 4           changing guidance, and one of the things that 

 5           principals and school leaders do is build a 

 6           trusting relationship with their communities. 

 7           And that is really the basis of everything 

 8           that they have.  

 9                  And with all of the changing guidance 

10           and quite often things being announced that 

11           principals don't even have the details for 

12           and then, you know, parents calling and 

13           saying, Hey, what's this about or what's that 

14           about -- the most recent was this rumor of 

15           another remote learning opportunity, right? 

16           You know, all of sudden parents are calling 

17           the schools to say, Oh, there is going to be 

18           remote learning?  What do I need to do?  And 

19           the principals are saying, Well, I don't 

20           know, I only heard what you heard through 

21           this announcement. 

22                  So not only does that build 

23           frustration, but it breaks down trust.  And 

24           that's been really going on for couple of 


                                                                   563

 1           years now.  So that's going to be the biggest 

 2           thing, is trying to restore that trust with 

 3           the families.  

 4                  And, you know, look, we've always been 

 5           the ones that have been able to do that. But 

 6           it's been really challenging through this 

 7           pandemic with the guidance that's coming at 

 8           us, and really just changing every single 

 9           day.  You know, we just changed the isolation 

10           protocols.  We didn't know it until it was 

11           announced that the isolation protocols were 

12           changing.  So those type of things are very 

13           frustrating, not only for us but then for the 

14           families.

15                  MS. GALLAGHER:  If I might, to 

16           piggyback off that just for a moment, is that 

17           upstate, you know, as Bob indicated, many of 

18           our schools are in multiple counties.  So 

19           when you find one county is providing -- the 

20           county department of health is providing one 

21           set of guidance as opposed to another, it 

22           gets very, very challenging.            

23                  ASSEMBLYWOMAN NIOU:  Yes, we've heard 

24           that, mm-hmm.            


                                                                   564

 1                  MS. BELOKOPITSKY:  Assemblywoman, I'll 

 2           be very brief.  Yes.  I think just yes to 

 3           everything that you said. 

 4                  Parents have been frustrated for a lot 

 5           of reasons.  You know, I'm a mom, I had COVID 

 6           myself.  I had to watch my son go through 

 7           quarantine and remote instruction, so I could 

 8           see that really firsthand.  

 9                  As continuing Department of Health and 

10           CDC guidelines change, it's very important to 

11           communicate with parents.  They really want 

12           to be heard on these issues and have a 

13           meaningful two-way conversation with school 

14           districts. 

15                  School districts are doing a great job 

16           in keeping our kids safe and communicating 

17           with parents, but it could always be more.  

18           So I thank my colleagues from the other 

19           associations for all of their work with their 

20           members and really communicating with 

21           parents.  

22                  But I think the answer is just yes, 

23           more is always better.  Communication is key.            

24                  ASSEMBLYWOMAN NIOU:  Thank you.            


                                                                   565

 1                  CHAIRWOMAN WEINSTEIN:  We next to go 

 2           Assemblywoman Hyndman, to be followed by 

 3           Assemblywoman Simon.

 4                  ASSEMBLYWOMAN HYNDMAN:  Thank you, 

 5           Chair Weinstein and Chair Krueger.

 6                  Hi, everyone.  Thank you for your 

 7           testimony.  This is specifically for Mark 

 8           Cannizzaro.  

 9                  Thank you for your leadership.  I have 

10           noticed that in my district we have lost 

11           approximately four principals, one of them 

12           being Harriet Diaz, who was real steadfast 

13           person in District 29 schools.  And I know 

14           she talked about the Executive Leadership 

15           Institute and how important it is to make 

16           sure that principals have support.  

17                  I think a lot of times in the 

18           conversations around the pandemic that we 

19           have lost that our principals needed support 

20           too, in getting their buildings and their 

21           teachers all in alignment with all of the 

22           mandates and guidelines that come down. 

23                  So you have asked for $1 million, I 

24           believe, in more above the -- what we gave 


                                                                   566

 1           you last year.  So I just wanted to say that 

 2           in order to keep the pipeline of principals 

 3           in our schools whole, that I wholly support 

 4           that, and as well as our assistant 

 5           principals, identifying those principals who 

 6           need that next push in leadership. 

 7                  You've done a great job in leadership 

 8           for principals in New York City, and anything 

 9           we could do in the Assembly to help you to 

10           push that, to make sure we have good 

11           principals moving forward, I'm here to 

12           support. 

13                  I don't have a question, but hi, Kyle.  

14           Thanks, everyone, for their testimony. 

15                  MR. CANNIZZARO:  Thank you so much.            

16           That's very much appreciated.

17                  CHAIRWOMAN WEINSTEIN:  Thank you. 

18                  Assemblywoman Simon.            

19                  ASSEMBLYWOMAN SIMON:  Sorry.  I'm 

20           juggling, I apologize.

21                  Thank you for your testimony.  Thank 

22           you for staying with us all day and for 

23           helping us to understand the way COVID has 

24           changed your world and the needs that you 


                                                                   567

 1           have as they relate both to our recovery from 

 2           COVID as well as, you know, the Governor's 

 3           budget and where we can help you further. 

 4                  I have a question -- it may seem a 

 5           little bit out of left field, but years ago 

 6           one of the issues I know that a lot of the 

 7           school districts had was technology issues. 

 8           And they had not updated their computer 

 9           systems, many of them would -- you know, 

10           people would leave and they wouldn't update 

11           the passwords and former employees might 

12           still have those passwords.  They were 

13           vulnerable to hacking.  

14                  I'm curious what the current state of 

15           affairs is with regard to the technology and 

16           the resiliency of that technology in your 

17           various school districts.            

18                  MR. CANNIZZARO:  I would say in 

19           New York City it's improved greatly, but it's 

20           still uneven.  You know, not every building 

21           can handle the bandwidth.  So that's one big 

22           issue. 

23                  As far as some of the security issues, 

24           it's less, I think mainly because people are 


                                                                   568

 1           more aware and astute to protecting these 

 2           things.  But it's still -- we're still 

 3           vulnerable in certain areas, but not as -- I 

 4           wouldn't say it's as bad as it's been in the 

 5           past.            

 6                  MS. GALLAGHER:  I would have to 

 7           concur, except that we also had to shift to 

 8           remote instruction, so many of the concerns 

 9           that we heard from our building 

10           administrators in our -- in SAANYS was more 

11           or less how it was being secure within the 

12           homes, or the access.  So this shift to 

13           remote also shifted the argument.            

14                  ASSEMBLYWOMAN SIMON:  Okay. 

15                  MS. BELOKOPITSKY:  And we'd agree -- 

16           oh, you go, Bob.            

17                  MR. LOWRY:  I would just say that I 

18           think, you know, there have been some 

19           high-profile incidents with hackers or 

20           whatever, you know, seizing control of 

21           district data.  In the Comptroller's audits, 

22           both these things cast a spotlight on these 

23           concerns, so I think school officials have 

24           become increasingly vigilant and diligent 


                                                                   569

 1           about trying to make sure that they've done 

 2           everything possible to protect their systems.            

 3                  MS. BELOKOPITSKY:  And I think from a 

 4           parent's perspective, Assemblywoman, you 

 5           know, SED had done -- previously did a survey 

 6           when we kind of started remote instruction 

 7           that found that at that time 215,000 students 

 8           didn't have access to a computer, Chromebook 

 9           or tablet to use for instruction.  And the 

10           same survey found that 165,000 New York State 

11           school students lack internet access to 

12           actually participate in remote instruction. 

13                  Now we are in a new school year.  Fast 

14           forward, school districts have done fantastic 

15           things to get devices into students' and 

16           families' hands.  And I think your continued 

17           investments in the Legislature and our 

18           broadband initiatives really define, you 

19           know, real true meaningful low-cost and 

20           no-cost solutions for families is going to be 

21           critical as we continue to move forward in 

22           some type of remote environment.            

23                  ASSEMBLYWOMAN SIMON:  Do you think 

24           there is a personnel need for people who 


                                                                   570

 1           are -- you know, to consult with the school 

 2           districts with regard to security?  You know, 

 3           I know everybody is more aware now, but I'm 

 4           concerned that -- of the technical expertise 

 5           throughout the state.  

 6                  MR. LOWRY:  You know, I don't hear 

 7           that.  And I would say that districts outside 

 8           of New York City typically work with their 

 9           BOCES, BOCES -- some of the BOCES maintain a 

10           regional information center.  So that's a 

11           source that districts have available to them.            

12                  ASSEMBLYWOMAN SIMON:  Right.  Thank 

13           you very much.            

14                  CHAIRWOMAN WEINSTEIN:  Thank you.  

15                  I also just want to take a moment to 

16           thank all of the members of the panel, 

17           particularly the school administrators and 

18           supervisors, for keeping our schools -- all 

19           the good work you do keeping our schools open 

20           during this time of uncertainty.  And, you 

21           know, you have a lot of support within the 

22           Legislature for all of the work that you do.  

23           We are very grateful.  

24                  And with that, we are going to thank 


                                                                   571

 1           you.  There are no more legislators who have 

 2           questions, and we are going to move on to 

 3           next panel.            

 4                  MR. LOWRY:  Thank you. 

 5                  MR. CANNIZZARO:  Thank you.            

 6                  MR. FESSLER:  Thank you.

 7                  MS. GALLAGHER:  Thank you.  Have a 

 8           nice night.

 9                  CHAIRWOMAN WEINSTEIN:  If you have the 

10           witness list, this is Panel E:  Alliance for 

11           Quality Education, Jasmine Gripper, executive 

12           director; New York State Community Schools 

13           Network, Alli Lidie, network lead; New York 

14           State Association of School Psychologists, 

15           Beth Rizzi, president.

16                  I think everybody is in -- yes.            

17           So why don't we go in that order, starting 

18           with Alliance for Quality Education. 

19                  MS. GRIPPER:  Yeah, thank you for 

20           having me. 
My name is Jasmine Gripper.  I am 

21           the executive director for the Alliance for 

22           Quality Education.  

23                  I want to start my testimony by 

24           thanking the Legislature for committing to 


                                                                   572

 1           fully funding the Foundation Aid formula.  

 2           This is the first time since the Foundation 

 3           Aid formula was created that the full 

 4           phase-in amount has been included in the 

 5           Executive Budget.  Parents, students, and 

 6           educators appreciate that we don't need to 

 7           fight for this much-needed and much-deserved 

 8           funding. 

 9                  You have my full testimony to read; 

10           I'm just going kind of summarize a few key 

11           points and respond to a few comments I've 

12           heard earlier in the hearing. 

13                  First, there was a lot of discussion 

14           on the Foundation Aid formula.  Again, we are 

15           excited about the commitment to fully fund 

16           the formula, but I just want to remind you 

17           that school districts have only received year 

18           one of a three-year phase in.  No high-needs 

19           school district is receiving their full 

20           Foundation Aid amount until 2023.  So before 

21           we start evaluating outcomes, we need to give 

22           districts time to get their full 

23           Foundation Aid and account for the 

24           disruptions in learning caused by the 


                                                                   573

 1           pandemic.  

 2                  For decades our schools have been 

 3           underfunded, and getting students on track is 

 4           not going to happen overnight.  We support 

 5           accountability for districts, especially 

 6           what's outlined in the Contract for 

 7           Excellence.  The Legislature needs to ensure 

 8           districts are meeting those requirements as 

 9           the Foundation Aid is phased in. 

10                  Second, we have fought for decades for 

11           this funding, but we are worried that a high 

12           portion of state aid districts will be 

13           required to give it over to charter schools.  

14           There is a full-page summary of the impact of 

15           charter schools at the end of my testimony, 

16           but for example, in New York City, for the 

17           last three years New York City has been 

18           paying out for charter schools 200 million 

19           more every year, for the last three years.  

20           If this pattern holds, of the 350 million in 

21           state aid increases to New York City, over 

22           50 percent is going to go to 14 percent of 

23           students.  

24                  That is a deeply skewed distribution.  


                                                                   574

 1           We need the State Legislature to curb the 

 2           rising costs of charters.

 3                  As many of you mentioned, many of our 

 4           districts and families are experiencing 

 5           mental health crises due to the pandemic.  It 

 6           is absolutely essential that the Legislature 

 7           moves forward supports for children and their 

 8           families and their communities.  A positive 

 9           school climate, community schools, 

10           legislation like the Solutions Not 

11           Suspensions bill, the bill by Senator Jackson 

12           and Assemblymember Jessica González-Rojas, 

13           for mental health counselors and 

14           psychologists in every school building -- 

15           these are essential. 

16                  Lastly, the pandemic has revealed that 

17           childcare in New York State is in crisis.  

18           There are surplus funds in the State Budget 

19           which need to be invested in moving New York 

20           towards universal childcare as it's laid out 

21           in the Brisport and Hevesi bill.  The cost to 

22           parents is too high, and providers need to be 

23           paid a quality wage. 

24                  New York really needs to invest in the 


                                                                   575

 1           continuum of care from birth to 12.  We look 

 2           forward to working with legislators to make 

 3           universal childcare a reality in New York 

 4           State, and I thank you for your time. 

 5                  CHAIRWOMAN WEINSTEIN:  So next we can 

 6           go on to the New York State Community Schools 

 7           Network. 

 8                  MS. LIDIE:  Hi.  Thank you. 

 9                  I am Alli Lidie, I'm representing the 

10           New York State Community Schools Network, and 

11           I want to thank you for the offer of the 

12           committee to provide testimony this evening.

13                  I want to thank you all for the many 

14           comments and questions shared today regarding 

15           committee schools and your support for the 

16           strategy.  Given that, I don't want to spend 

17           my time trying to sell you on community 

18           schools as the right place to invest.  It is 

19           already clear that New York community schools 

20           work.  If you are not, though, please do read 

21           the written testimony.  You can learn more 

22           about the strategies, demonstrated return on 

23           investment, and what community schools have 

24           been doing across the state. 


                                                                   576

 1                  I will say, though, that given what we 

 2           know about community schools, and what you 

 3           all have expressed today, it is unfortunate 

 4           there were not new investments directly in 

 5           the community school strategy in the 

 6           Governor's budget.  So we are asking the 

 7           state to maintain the $250 million in 

 8           existing community schools funding, and 

 9           dedicate an additional $100 million in a new 

10           community schools categorical aid to 

11           adequately fund and sustain communities 

12           schools statewide. 

13                  Also, in order to support schools, and 

14           effectively utilizing the community school 

15           strategy, the state currently funds three 

16           regional Technical Assistance Centers, or 

17           TACs.  During the pandemic, the TACs have 

18           shifted their work, including hosting 

19           multiple webinars for the field focused on 

20           current needs.  They created a Diversity, 

21           Equity, and Inclusion Portal, conducted 

22           virtual site visits, and helped districts 

23           discover how community schools can help 

24           support the adults in schools too. 


                                                                   577

 1                  The strategy is needed now more than 

 2           ever before, and they need support to be able 

 3           to work with more schools and districts.  

 4           Therefore we are asking the state to increase 

 5           the $1.2 million investment in TACs by 

 6           800,000, for a total appropriation of $2 

 7           million annually.  

 8                  We also support critical funding for 

 9           the programs and services that community 

10           schools effectively leverage and coordinate, 

11           including after-school and summer, expanded 

12           learning programs, pre-K, school-based health 

13           centers and mental health.  This is all 

14           outlined in our written testimony. 

15                  The one specific piece I want to touch 

16           on for education is our ask around the new 

17           proposed RECOVS learning and mental health 

18           grant.  The community schools strategy 

19           demonstrates that schools should not be doing 

20           this alone.  This new funding stream should 

21           require that school districts demonstrate 

22           mutual collaboration with at least one 

23           community-based after-school, youth, or 

24           family-serving organization or a mental 


                                                                   578

 1           health partner to help students recover 

 2           academically.  We think that will be the most 

 3           effective way forward for this funding. 

 4                  So thank you for your time. 

 5                  CHAIRWOMAN WEINSTEIN:  Thank you.  And 

 6           that's -- you can go. 

 7                  MS. LIDIE:  Thank you.  

 8                  CHAIRWOMAN WEINSTEIN:  Beth, from 

 9           School Psychologists. 

10                  MS. RIZZI:  Good evening.  My name is 

11           Beth Rizzi, and I'm the president of the 

12           New York Association of School Psychologists.  

13                  I want to thank the chairs and all of 

14           the panel members for this opportunity to 

15           share our comments on the Governor's 

16           Executive Budget. 

17                  I share these comments under the 

18           backdrop of the national crisis that 

19           currently exists related to children's mental 

20           health.  We have heard this mentioned 

21           multiple times by many panelists, and many of 

22           you, this afternoon and this evening. 

23                  We are well aware of the impact that 

24           these past two years have had on the social 


                                                                   579

 1           and emotional adjustments of children and 

 2           adolescents.  The American Academy of 

 3           Pediatricians, the American Academy of Child 

 4           and Adolescent Psychiatry, and the Children's 

 5           Hospital Association have declared a national 

 6           emergency in children's mental health, citing 

 7           the serious toll of the pandemic and other 

 8           social justice factors within our nation. 

 9                  The Surgeon General issued a new 

10           advisory to highlight the urgent need to 

11           address the nation's youth mental health 

12           crisis, and we all applaud the Governor's own 

13           recognition of the mental health crisis in 

14           her State of the State address a few weeks 

15           ago. 

16                  On a personal level, I can tell you 

17           that our children are hurting.  I see many of 

18           the children in my schools struggling with 

19           increased anxiety, heightened levels of 

20           depression, and general difficulties managing 

21           the challenges of school and life. 

22                  There are ways for you as legislators 

23           to support our children and make a difference 

24           in the mental health supports available to 


                                                                   580

 1           youth and families.  Senator Brouk and 

 2           Assemblymember Rosenthal have sponsored 

 3           legislation, S4347A and A454A, that would 

 4           provide for the licensure of school 

 5           psychologists.  Currently without this 

 6           licensure, school psychologists are limited 

 7           to working within school districts and some 

 8           state agencies.

 9                  However, as I am sure you are all 

10           aware, there's a severe shortage of mental 

11           health professionals in the community, and 

12           families are faced with long waitlists, 

13           extensive travel, and reliance upon emergency 

14           room services.  Licensure of school 

15           psychologists would increase the mental 

16           health workforce throughout New York State. 

17                  Additionally, we have heard mentioned 

18           multiple times today Assemblymember Rojas and 

19           Senator Jackson's bills requesting one social 

20           worker and one school psychologist in every 

21           single school building around our state.  

22           This too will enable us to support our 

23           children better in their environments. 

24                  Additionally, there are a number of 


                                                                   581

 1           proposals within the Governor's budget that 

 2           would help to address the mental health needs 

 3           of children.  We are pleased to support the 

 4           proposal for $10 million in mental health 

 5           support grants for school districts.  

 6                  And unfortunately, we do recognize 

 7           that high-needs districts have been 

 8           disproportionately impacted by the pandemic 

 9           and do not have the resources to address 

10           their students' needs. 

11                  Thank you so much for your time this 

12           evening, and I welcome any questions. 

13                  CHAIRWOMAN WEINSTEIN:  Thank you all 

14           for being here. 

15                  Assemblyman Benedetto, did you have 

16           any questions?  Okay.  So then we have 

17           Assemblywoman Simon, and then we will go to 

18           the Senate. 

19                  CHAIRWOMAN KRUEGER:  Very good. 

20                  ASSEMBLYWOMAN SIMON:  Thank you very 

21           much. 

22                  I have a question for you, Dr. Rizzi, 

23           which is about, you know, the mental health 

24           needs of our students in schools.  We have 


                                                                   582

 1           talked a lot about those issues such as 

 2           anxiety and depression and the trauma that 

 3           they are experiencing.  But some of our 

 4           children have also experienced COVID, and 

 5           there have been reports of cognitive impacts 

 6           of COVID on children, in particular on 

 7           children, and I am curious whether or what 

 8           work is being done to look at those needs, to 

 9           establish what kind of cognitive impacts, how 

10           long they may be lasting, how present are 

11           they in the schoolchildren in New York State.  

12                  And I know many school psychologists 

13           are familiar with assessment work; others are 

14           not.  And I'm curious what you are doing to 

15           address that issue, because I think long-term 

16           effects of COVID could very easily affect a 

17           lot of our children's learning. 

18                  MS. RIZZI:  Absolutely.  Thank you for 

19           your question.  

20                  I think that we are very early in that 

21           particular game, as much as I hate to say 

22           that, and it's almost -- I would call it 

23           similar to the research with regard to 

24           concussion.  And we are going to have to 


                                                                   583

 1           continue to study this to see what the 

 2           long-term ramifications are. 

 3                  However, of course, when there are 

 4           concerns about a child's development, both 

 5           cognitively and academically, we look to our 

 6           school psychologists to assess the student's 

 7           needs and to compare any baseline data that 

 8           we may have on hand to whatever post-COVID 

 9           data we have and then can therefore continue 

10           to collect.  

11                  And we're going to have to do research 

12           over the next several years, I believe, to 

13           truly address what this might be and to also 

14           tease out what is the potential cognitive 

15           impacts versus lack of access. 

16                  ASSEMBLYWOMAN SIMON:  Thank you.   

17                  CHAIRWOMAN KRUEGER:  Thank you.  

18                  Senator Shelley Mayer. 

19                  SENATOR MAYER:  Thank you.  

20                  And first, Jasmine -- nice to see you 

21           all, and -- but question for you.  I 

22           appreciate that you include childcare in your 

23           education conversation.  Do you have a 

24           specific dollar ask, or are you supportive of 


                                                                   584

 1           the Brisport or the Ramos bill?  What's your 

 2           position on how best to address the 

 3           inadequacy of childcare?  

 4                  MS. GRIPPER:  Yes.  The dollar ask is 

 5           $5 billion for Year 1.  I know it is a lot, 

 6           but the industry has been disinvested in for 

 7           so long we lost about 1,500 providers that 

 8           permanently closed their doors during the 

 9           pandemic.  We think the Brisport bill 

10           provides a pathway to universal childcare.  

11           The Ramos bill is good, but she leaves out 

12           one critical component, which is before-  and 

13           after-care for school-aged children up to age 

14           12.  

15                  And working parents really need that 

16           component.  And even those extra three hours 

17           are really expensive if you don't qualify for 

18           a subsidy.  The Brisport bill completely 

19           eliminates means testing, which is a huge 

20           barrier for undocumented folks having access, 

21           and also it traps parents in poverty.  If you 

22           make a dollar more than what the subsidy 

23           requires, you can no longer get the subsidy.  

24                  And it is too expensive -- right now, 


                                                                   585

 1           childcare costs more than the cost of CUNY or 

 2           SUNY tuition, and we really need to rein that 

 3           in for parents. 

 4                  SENATOR MAYER:  Thank you.  Thank you 

 5           very much.  

 6                  Thank you to all of you for your 

 7           really fighting for kids.

 8                  CHAIRWOMAN KRUEGER:  Thank you.  

 9                  Senator Sean Ryan.

10                  SENATOR RYAN:  Thank you, 

11           Senator Krueger.

12                  Thank you very much, Jasmine and Beth 

13           and Alli, for your testimony today.  

14                  Jasmine, you thanked the Legislature 

15           for the Foundation Aid increase, but I feel 

16           it's really appropriate to turn it around and 

17           thank AQE for the Foundation Aid increase.  

18           You know, in 1993 a lawsuit was filed 

19           alleging that poor kids and medium-wealth 

20           kids were being shortchanged in New York 

21           State, and that went through one of most 

22           torturous processes of a lawsuit I've ever 

23           seen -- in court, dismissed, appealed, back 

24           in.  And then a previous governor said, you 


                                                                   586

 1           know, that -- the lawsuit was called the 

 2           Campaign for Fiscal Equity, the CFE -- they 

 3           said it was dead, there is no such thing, and 

 4           no district is owed Foundation Aid.  

 5                  But I knew that wasn't true because I 

 6           had a button, and the button told me exactly 

 7           how much my districts were owed.  I keep that 

 8           button.  I really wish I could bring it out 

 9           right now as a prop.  But I know that my 

10           districts, especially the lower-wealth ones, 

11           they're going to get every one of those 

12           dollars in the next three years, you know, 

13           because of the commitment of everyone on this 

14           call, especially the Education chairs.  

15                  So I would say to you, thank you very 

16           much, but also, you know, your predecessor 

17           Billy, and I'm sure someone came before Billy 

18           Easton.  And then the other progeny of your 

19           good work is the community school efforts in 

20           New York State. 

21                  So thanks, thanks for your hard work.  

22           And I look forward to, you know, working 

23           together in the future.  But I really look 

24           forward to Year 3 when there is no CFE debt 


                                                                   587

 1           anywhere in New York State. 

 2                  MS. GRIPPER:  Yes.  Thank you.  This 

 3           was something we all did together.  It took 

 4           the Legislature standing up to Cuomo and 

 5           demanding that, even when a powerful governor 

 6           said it was not real.  So thank you all for 

 7           fighting with us. 

 8                  CHAIRWOMAN KRUEGER:  Thank you, 

 9           Senator Ryan.  

10                  I believe that Assemblymember Niou has 

11           her hand up now. 

12                  CHAIRWOMAN WEINSTEIN:  Yes.  I was 

13           just about to call on Assemblywoman Niou. 

14                  ASSEMBLYWOMAN NIOU:  Sorry about that.  

15                  I just really wanted to add in -- I 

16           actually wanted to ask your advice on -- you 

17           know, you did put out this page on the 

18           inequities with the charter schools, and I 

19           was wondering what your solution would be for 

20           this on the state level.  

21                  MS. GRIPPER:  Yeah, I think the school 

22           districts talked about this, which is 

23           increasing the aid category to charter 

24           schools so the state is picking up the tab, 


                                                                   588

 1           reducing the rent payments in New York 

 2           City -- a lot of the ballooning costs have 

 3           been going to New York City -- reject the 

 4           Governor's proposal to increase charter 

 5           tuition -- we really just need to rein in the 

 6           costs.  

 7                  We think charters can and should get 

 8           an increase, but not 50 percent of the 

 9           Foundation Aid money going to public schools 

10           when they only serve 14 percent of the entire 

11           population.

12                  ASSEMBLYWOMAN NIOU:  And currently 

13           with the formula the way that it is, it 

14           actually takes from our schools now, right?  

15           So like the way that, you know, the buttons 

16           that we were just talking about -- it would 

17           be a very, very different amount that would 

18           actually be getting to our kids, right? 

19                  MS. GRIPPER:  Exactly.  Either the 

20           state itself can pick up the tab and 

21           reimburse districts 100 percent for what they 

22           pay for charter costs, but if not, then that 

23           comes out of what districts would be giving 

24           for its general ed population.  


                                                                   589

 1                  So yes.  That's extremely problematic, 

 2           and that's the issue we want to address.  And 

 3           we should look into a long-term solution with 

 4           the charter formula. 

 5                  ASSEMBLYWOMAN NIOU:  I am really glad 

 6           that you clarified between the two bills, 

 7           between the Ramos bill and the Brisport bill.  

 8           And I feel like, you know, the asset-limit 

 9           piece was a very big one on my end.  

10                  And I think that, you know, a lot of 

11           other social benefits, a lot of our different 

12           programs often have these asset limits that 

13           are harmful to folks and trap them in a cycle 

14           of poverty.  Could you elaborate a little bit 

15           more about, you know, what that looks like 

16           for folks, and why that is so important? 

17                  MS. GRIPPER:  Yes.  So currently, if 

18           you're a household of four and both parents 

19           work full-time and make minimum wage, you do 

20           not qualify for a childcare subsidy.  And 

21           you're expected to pay $15,000 for childcare, 

22           which is absolutely ridiculous and 

23           impossible. 

24                  And so what you have to do as a parent 


                                                                   590

 1           is not make more than what the cutoff is for 

 2           the subsidy.  And if you make a dollar more, 

 3           you lose your entire subsidy right now.  And 

 4           so that means parents, especially single 

 5           mothers, really get trapped in low-wage work.  

 6           And they can't advance professionally, 

 7           because if they do, the childcare burden is 

 8           too much and then they can't afford to send 

 9           their kids to childcare. 

10                  So it really puts the burden -- if you 

11           don't have family support to help you with 

12           childcare, it puts you completely out of the 

13           workforce or it traps you in low-wage jobs. 

14                  ASSEMBLYWOMAN NIOU:  And I am 

15           super-appreciative of you for saying that, 

16           and also for all of your work.  But I also am 

17           saying that, you know, I think that one of 

18           the other things that you guys fight for is 

19           making sure that we have after-school.  

20                  Is the after-school -- universal 

21           after-school, I believe -- is what you are 

22           hoping for?  Can you talk to us about how 

23           that creates segregation when we don't have 

24           it?


                                                                   591

 1                  MS. GRIPPER:  Yeah.  I mean, kids need 

 2           a place to go.  We talk about the rising 

 3           crime rates in our community, and a lot of 

 4           that is committed by kids who have nothing to 

 5           do after school hours.  And if we keep kids 

 6           busy, productive, it is a good thing.  And 

 7           parents want their kids to have a safe place 

 8           to be. 

 9                  So, one, childcare subsidies help pay 

10           for after-school costs for kids up to age 12, 

11           which is really important.  I think the other 

12           thing is community schools that are often 

13           open for a longer school day are essential 

14           for filling in that gap as well.  

15                  And so there is no one-size-fits-all 

16           approach.  We need to make sure parents have 

17           options, those options are free and 

18           accessible in their community, and that they 

19           also have access to transportation. 

20                  ASSEMBLYWOMAN NIOU:  Thank you.

21                  CHAIRWOMAN WEINSTEIN:  Thank you.  

22                  There are no further questions for 

23           this panel.  Thank you all for the good work 

24           you've been doing over the years.


                                                                   592

 1                  MS. GRIPPER:  Thank you.  

 2                  MS. LIDIE:  Thank you.  

 3                  MS. RIZZI:  Thank you. 

 4                  CHAIRWOMAN WEINSTEIN:  Going on to the 

 5           next panel, Panel F, New York Charter School 

 6           Association, Yomika Bennett, executive 

 7           director; Charter Parent Council, Jason 

 8           Montanez, charter parent; Success Academy 

 9           Charter Schools, Edwin Cespedes, board 

10           member; New York City Charter School Center, 

11           James Merriman, CEO.

12                  And if you can go in --

13                  THE MODERATOR:  Mr. Cespedes is not 

14           with us at this moment.  

15                  CHAIRWOMAN WEINSTEIN:  Okay.

16                  THE MODERATOR:  We will sync him in if 

17           we get him.

18                  CHAIRWOMAN WEINSTEIN:  Okay.  So 

19           let's -- the other three are here.  So if we 

20           can start with New York Charter School 

21           Association and move on from there.

22                  MS. BENNETT:  Thank you, Chairs 

23           Krueger, Weinstein, Mayer, and Benedetto, and 

24           distinguished members of the Legislature.  


                                                                   593

 1           Thank you for the opportunity to testify 

 2           today. 

 3                  My name is Yomika Bennett.  I am the 

 4           executive director of the New York Charter 

 5           School Association.  

 6                  Charter schools are not only 

 7           delivering for students right now, they are 

 8           about what's possible in the future.  As you 

 9           know, charter schools are public schools 

10           authorized by law.  The law states, quote, 

11           teachers, parents, school administrators, 

12           community residents, or any combination 

13           thereof can start a school.  This is a 

14           powerful law giving people the power to 

15           impact education. 

16                  Consider for a moment the sad history 

17           and current circumstance in some cases 

18           regarding education for disadvantaged 

19           communities.  We should encourage charter 

20           schools as a matter of right and 

21           self-empowerment, particularly for 

22           marginalized and historically disadvantaged 

23           communities. 

24                  Charter schools offer all students, 


                                                                   594

 1           regardless of race, identity, zip code, or 

 2           family income, the opportunity to attend 

 3           schools of their choice.  There are fewer 

 4           than 360 charter schools in the entire state. 

 5           They serve more than 170,000 students.  These 

 6           schools offer a range of choices for 

 7           families -- college prep, neurodiversity, 

 8           dyslexia schools, autism schools, bilingual 

 9           education schools, African and other culture 

10           schools, sustainability, CTE and health 

11           sciences, STEM, music, arts, and much more.  

12                  During the pandemic, charter schools 

13           throughout the state were able to adapt their 

14           learning options to meet the needs of their 

15           particular school families, with many charter 

16           schools offering in-person learning while 

17           surrounding schools were closed or remote. 

18                  The association applauds the Governor 

19           for her vision and support for students and 

20           family in the Executive Budget.  However, 

21           there is more work to be done.  New York 

22           State should promote charter school education 

23           because it works for families and students. 

24                  Per-pupil funding for charter school 


                                                                   595

 1           students should be increased to equal 

 2           per-pupil funding for district schools.  

 3           Charter schools should have the option to 

 4           choose to receive state aid directly.  The 

 5           current process sets up an us-versus-them 

 6           paradigm where charter school students are 

 7           viewed as stealing money from the district, 

 8           when the reality is funding follows the 

 9           student to support their public school 

10           education, not an entitlement of the school 

11           district. 

12                  Finally, New York State must remove 

13           the limit on the number of charter schools 

14           allowed by law as well as provide facility 

15           funding for charter schools statewide. 

16           Ultimately this also helps achieve the goal 

17           of reducing class sizes to improve education.  

18           Importantly, doing so also opens the pathway 

19           for people of color to start schools.  

20                  We urge you to create an Educational 

21           Equity Fund similar to the proposal in the 

22           Executive Budget to establish the Cannabis 

23           Social Equity Fund.  Certainly if the state 

24           can support and encourage members of 


                                                                   596

 1           disadvantaged communities to open cannabis 

 2           shops, surely it will support and encourage 

 3           members of those same Black, brown, and other 

 4           disadvantaged communities to start schools. 

 5                  Thank you again for the opportunity to 

 6           testify. 

 7                  CHAIRWOMAN WEINSTEIN:  And next --  

 8           Jason?  Jason, can you go next? 

 9                  MR. MONTANEZ:  Can you hear me now? 

10                  Hi, everybody.  I would first like to 

11           thank all of the chairs -- Weinstein, 

12           Krueger, Benedetto, and Liu -- for having me 

13           here today.  I am Jason Montanez, and my 

14           family has been living in Buffalo for over 

15           20 years.  My son Jabari previously attended 

16           West Buffalo Charter School.  My daughter 

17           Juliet, a kindergartner, has also chosen to 

18           follow in his footsteps and is now attending 

19           there. 

20                  When we first started looking for 

21           schools for our son, we started to look at 

22           the diversity of the staff, how big was 

23           school, what was the technology like in those 

24           schools.  But the most important thing was 


                                                                   597

 1           how is leadership of the schools, was the 

 2           staff and the leadership all in sync.  After 

 3           seeing five or six charter schools in the 

 4           area, we decided to enter the lottery for 

 5           West Buffalo Charter School, where we were 

 6           ultimately selected.  

 7                  We firmly believe that the people who 

 8           have the greatest influence on our children's 

 9           lives besides family are teachers.  I feel as 

10           a parent we owe it to our children to put 

11           them into the best schools and to get them 

12           the best education possible.  West Buffalo 

13           Charter School has offered our family this 

14           and much more.  When my son was in 

15           fifth grade, the school nominated him to the 

16           Buffalo Prep Program.  This combination of 

17           what he learned in his charter school, 

18           combined with the supplemental learning from 

19           Buffalo Prep, helped my son be way ahead 

20           academically.  He got multiple scholarship 

21           offers from numerous Catholic high schools in 

22           the area and eventually chose Canisius High 

23           School as a destination for future learning. 

24                  We firmly believe this is all because 


                                                                   598

 1           of the excellent education he had at 

 2           West Buffalo Charter School.  In fact, 

 3           West Buffalo Charter School does such a good 

 4           job that for his graduating class of 

 5           52 students, 15 students went to private 

 6           schools, either on partial or full 

 7           scholarships, while another 17 students went 

 8           to criterion schools. 

 9                  Although the school has the perfect 

10           storm for failure -- such as a high 

11           free-and-reduced-lunch rate, a high number of 

12           ENL students, and a high number of students 

13           with disabilities -- the student achievement 

14           numbers, based on New York State assessments, 

15           are consistently in the top five when 

16           compared to Buffalo public schools and other 

17           charters. 

18                  As you make decisions regarding the 

19           New York State budget, please consider 

20           providing equitable funding to all types of 

21           schools.  The money doesn't belong to the 

22           entity, it belongs to the child that is 

23           receiving an education, and it should be 

24           provided to the child regardless of the type 


                                                                   599

 1           of educational institution that they attend.  

 2           We have to support each individual child.  

 3           They are our future, and as adults we have to 

 4           invest in them fairly and equitably.  

 5                  In addition, there should also be no 

 6           limit to the existence of any type of school.  

 7           Why would you put a cap on anything that 

 8           would benefit anyone, especially our 

 9           children?  The charter school cap is missing 

10           from the budget this year, but we cannot 

11           afford to withhold great education options 

12           for our children just because of the type of 

13           school it happens to be.  The only type of 

14           schools we should want to remove are schools 

15           that are not educating our children.  

16                  We need more of what is working for 

17           our children, not less.  The budget should 

18           reflect this support that all children 

19           deserve and need.  Our children will be 

20           sitting in your seats in the future.  They 

21           are our greatest investment, and it starts 

22           with their education.  Funding for charter 

23           schools should be on par with that of public 

24           schools.  Charter schools offer longer school 


                                                                   600

 1           days and a longer academic year, and that 

 2           extra instructional time is a key for most of 

 3           their success rates.  Our children need the 

 4           extra funding to help their needs and for 

 5           their continued success. 

 6                  CHAIRWOMAN WEINSTEIN:  Thank you.  And 

 7           we go to James Merriman now.

 8                  MR. MERRIMAN:  Hi.  Good evening, 

 9           everyone.  Thank you to the chairs, the 

10           ranking members, and all the members of the 

11           Assembly and the Senate for the opportunity 

12           to testify.

13                  Let me make just a few points.  

14           Charter school funding, despite all the talk 

15           about it being something unknowable, is 

16           knowable.  It's set in the state law.  The 

17           figures are transparent.  They are knowable 

18           just in the same way that you can look at 

19           school state aid runs, if that's what you 

20           choose to do.

21                  You want to know how much a charter 

22           school is going to get?  It's right there 

23           in -- right there online.  It's also clear 

24           that funding on a per-pupil basis, on average 


                                                                   601

 1           in New York City, is less, much less than the 

 2           funding the district has at its disposal to 

 3           educate the students who choose district 

 4           schools.  For some schools it is to the tune 

 5           of several thousand dollars.  

 6                  I extend an open invitation to any 

 7           member or any of their staff to sit with us 

 8           and go through these numbers, and indeed 

 9           we're looking to work with the new 

10           administration and Governor Hochul's staff to 

11           provide even more data to allow you and the 

12           public to make these comparisons.  You should 

13           be able to do so. 

14                  We also call on New York City's 

15           Independent Budget Office to update its own 

16           analysis, which has shown historically the 

17           pattern of underfunding of charter school 

18           students.  Simply put, the claim that charter 

19           schools get more money per child is not true. 

20                  You know, as I have listened, I can't 

21           think there is this undeniable fact.  The 

22           only reason we have a growing charter sector 

23           is because each year more and more parents 

24           are choosing charter schools.  And thus your 


                                                                   602

 1           argument with charter schools is really an 

 2           argument with parents. 

 3                  Look, I personally -- I regret 

 4           terribly that we are not more liked with 

 5           members.  But I can tell you it's even more 

 6           dismaying, actually dismaying, to the 

 7           over 100,000 families in New York City that 

 8           desperately want you to support their efforts 

 9           to find the best public school for their 

10           children.  When I talk with them, they simply 

11           can't understand why you don't.  

12                  Despite that, it remains true that 

13           almost 40 percent of African-American 

14           students in early grades in New York City's 

15           public schools are in charter schools, and 

16           our ELL enrollment this year has reached 

17           record levels and continues to climb. 

18                  As Chancellor David Banks made clear, 

19           he wants to grow what is working.  We want to 

20           be part of that partnership.  We want to work 

21           hand in hand with him and district schools in 

22           New York City for a brighter future for all 

23           New York City schoolchildren. 

24                  Thank you. 


                                                                   603

 1                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 2                  We go to our chair of Education, 

 3           Assemblyman Benedetto. 

 4                  Mike, you're still muted.

 5                  ASSEMBLYMAN BENEDETTO:  I thought I 

 6           did, I'm sorry.

 7                  Okay, listen, folks, you spent a long 

 8           day here, you've hung in there, I thank you 

 9           for that.  And I appreciate your testimony, 

10           okay?  And I appreciate some of the things 

11           you do there in the charter school community, 

12           you know, because, bottom line, we are 

13           looking at kids.

14                  But you know, James, you talked about 

15           getting to be better-liked in the Assembly or 

16           the Senate by some of the members.  You know, 

17           there is constantly questions in people's 

18           minds about are charter schools playing on a 

19           level playing field with the public schools.  

20           Okay?  Do they have the correct number of 

21           special education population, and what is the 

22           nature of the special ed population?  

23                  Why don't we have the State 

24           Comptroller with powers to audit the charter 


                                                                   604

 1           schools in the City of New York?  Why aren't 

 2           we allowed to take maybe a look at their 

 3           books and open up their books for us?  And 

 4           how about dismissal and getting rid of kids, 

 5           their suspension policy, is that done with 

 6           due process? 

 7                  You know, these are questions that are 

 8           thrown out a lot of times by a lot of my 

 9           colleagues.  And, you know, I've got to say 

10           they're right in a lot of those cases.  So we 

11           want them to like you guys, but also you guys 

12           have got to be a little bit more likeable, 

13           okay.  And I appreciate some of the work you 

14           do, okay.  And I see a purpose in it for you, 

15           but I also have to be honest with you.  There 

16           are questions in the minds of a lot of 

17           people, and -- well, keep fighting, please. 

18                  Thank you.  

19                  MR. MERRIMAN:  Thank you, sir. 

20                  CHAIRWOMAN WEINSTEIN:  Senate?

21                  CHAIRWOMAN KRUEGER:  Thank you.  

22                  Yes, I see Senator John Liu's hand up. 

23                  SENATOR LIU:  I'm not going to use the 

24           whole three minutes, Madam Chair.  


                                                                   605

 1                  I want to say that I don't agree with 

 2           anything that James Merriman said, but I like 

 3           him.  Mike Benedetto, this is a likable man.  

 4           He stayed true to his cause and mission for 

 5           over 20 years, and I always look forward to 

 6           seeing him every year at this budget hearing.  

 7                  But James, I don't agree with what you 

 8           said.  Thank you. 

 9                  CHAIRWOMAN KRUEGER:  Thank you, 

10           Senator Liu.  

11                  Back to you, Assembly. 

12                  CHAIRWOMAN WEINSTEIN:  With that, 

13           we'll go to Alicia Hyndman. 

14                  ASSEMBLYWOMAN HYNDMAN:  Thank you, 

15           Chair Weinstein.  

16                  I think my colleagues -- I don't know 

17           if it's getting late and we are getting a 

18           little loopy, but we'll see. 

19                  One of the things, the constant things 

20           we heard today -- thank you for your 

21           testimony.  One of the things we heard today 

22           a lot was about the SUNY authorizer and the 

23           problems that are plaguing that authorizer.  

24           I remember when we used to have three 


                                                                   606

 1           authorizers for charter schools:  DOE, SED, 

 2           and now SUNY seems to be the main one, and 

 3           the problems there.  

 4                  So what do you say about that?  And 

 5           also, Yomika, I think your analysis with 

 6           cannabis and charter schools -- I'm trying 

 7           to -- you know, I get it but, you know, I 

 8           think that was interesting.  

 9                  And one of the things -- my last part 

10           is when Bloomberg came into office, he 

11           changed the formula in New York City where 

12           the money follows the child no matter what 

13           school they go to.  I think that's an 

14           interesting analogy, because one of the 

15           things that all of the -- even the Big 5, 

16           when they testified today, was about the loss 

17           of the traditional public school money and it 

18           going to the charter schools. 

19                  And the last thing I'll say is -- I 

20           lost my train of thought.  But if you could 

21           follow my train of thinking, I'd appreciate 

22           it. 

23                  MS. BENNETT:  I'll start.  I'll start 

24           with the Social Equity Fund.  And thank you 


                                                                   607

 1           for the questions, Assemblymember. 

 2                  The Social Equity Fund analogy is if 

 3           the state's policy is we must support, right, 

 4           economic development, right, and community 

 5           development, helping disadvantaged 

 6           communities, right, that fund is supporting 

 7           cannabis shops, which is fine.  That's 

 8           okay -- right, that's a policy.  

 9                  The same policy should certainly be 

10           applied to schools, right?  Schools are a 

11           basis for good communities, right?  Good 

12           schools make good communities.  People choose 

13           to move into schools because of the -- excuse 

14           me, into communities because of the quality 

15           schools.  So if there is an understanding 

16           that the Social Equity Fund is needed for 

17           disadvantaged communities and people should 

18           start cannabis shops, that same policy must 

19           apply to schools.  

20                  Certainly there is no suggestion at 

21           the state level that Black and brown folks 

22           should open up cannabis shops but they 

23           shouldn't open schools.  So that was my point 

24           there.


                                                                   608

 1                  And for SUNY -- 

 2                  ASSEMBLYWOMAN HYNDMAN:  We don't have 

 3           a lot of charter school operators that are 

 4           Black or brown.  We have a lot of -- we have 

 5           larger chains, but if you can name a couple 

 6           of Black or Latino or Asian charter school 

 7           operators, I think that equity piece is 

 8           valid. 

 9                  MS. BENNETT:  And maybe that's a 

10           failing of getting information out there.  

11           There absolutely are founders of color and 

12           leaders of school of color.  What we need, 

13           right, as well as we need more.  And just as 

14           the Social Equity Fund would do that for 

15           cannabis operators -- find people, encourage 

16           people from a disadvantaged background in the 

17           communities to open cannabis shops -- we 

18           should do the same thing to encourage people 

19           from disadvantaged communities to open and 

20           start and operate charter schools. 

21                  ASSEMBLYMAN HYNDMAN:  My time is up. 

22                  Hi, Jason.  Good to see you here.

23                  MR. MONTANEZ:  Thank you, 

24           Assemblymember.


                                                                   609

 1                  CHAIRWOMAN WEINSTEIN:  Senator 

 2           Krueger?

 3                  CHAIRWOMAN KRUEGER:  Thank you.  

 4                  I just need to jump in on the equity 

 5           money from my bill for marijuana.  If you 

 6           look at the bill, it's actually 40 percent 

 7           goes to equity work in communities where the 

 8           harm was done by marijuana; 20 percent goes 

 9           to drug treatment and education about staying 

10           away from drugs; and 40 percent goes into the 

11           New York State public school funds.  

12                  So on the theory that charter schools 

13           draw their money down from the New York State 

14           public school funds, I think I can safely say 

15           money from the growth of a cannabis industry 

16           will help the educational funding stream of 

17           New York State, which is not excluding 

18           charter schools, since that's where you all 

19           are getting your money. 

20                  So I actually think you need to look 

21           at the entire funding stream of that new 

22           industry as opposed to just one piece of the 

23           funding stream.  Thank you.  

24                  MS. BENNETT:  Thank you for that, 


                                                                   610

 1           Senator.  

 2                  I just want to clarify that the point 

 3           is to create an educational equity fund.  The 

 4           point was that the Social Equity Fund exists, 

 5           the state has clearly shown that they have an 

 6           appetite and a way to do this. 

 7                  There is a need for an educational 

 8           equity fund to address the educational 

 9           inequity that has happened -- and we all know 

10           the history of education in this state.  An 

11           equity fund to address those inequities is 

12           much needed and should have the state's 

13           support.  So thank you. 

14                  CHAIRWOMAN KRUEGER:  Thank you.  

15                  CHAIRWOMAN WEINSTEIN:  We go to 

16           Assemblywoman Niou. 

17                  ASSEMBLYWOMAN NIOU:  Thank you so much 

18           for having me.  

19                  So I will determine if I like you 

20           after this question, Mr. Merriman.  Just 

21           kidding.  

22                  (Laughter.)

23                  MR. MERRIMAN:  Thanks.

24                  ASSEMBLYWOMAN NIOU:  The suspension 


                                                                   611

 1           rate at New York City charter schools is 

 2           sometimes higher than in public schools.  I 

 3           wanted to see why it is, and how can you 

 4           claim to be better at educating our students 

 5           while subjecting them to such draconian 

 6           measures? 

 7                  MR. MERRIMAN:  Well, first of all, I 

 8           think the data on suspensions is less than 

 9           ideal, and certainly one of the things we 

10           would love to work with is setting out a 

11           better gathering of all of that data.  We 

12           would be very open to that. 

13                  ASSEMBLYWOMAN NIOU:  I'm talking about 

14           suspensions in schools. 

15                  (Laughter.)

16                  MR. MERRIMAN:  It varies from school 

17           to school.  And the whole point and part of 

18           charters is parents can choose into a school 

19           that they feel provides the environment that 

20           they want for their children.  

21                  I am absolutely, I think, talking on 

22           behalf of charter school leaders when they 

23           say if they could get to zero suspensions, 

24           they would love to get to zero suspensions.  


                                                                   612

 1           They are as aware as you and I that kids not 

 2           in school are not learning.  

 3                  But in certain circumstances -- and if 

 4           you were to listen carefully, as I think you 

 5           did, because --

 6                  ASSEMBLYWOMAN NIOU:  Actually, that's 

 7           why I asked you that question.  Also I'm 

 8           running out of time, and you are talking too 

 9           slow, so I'm going to ask another question -- 

10           and I apologize --

11                  MR. MERRIMAN:  Fair enough. 

12                  ASSEMBLYWOMAN NIOU:  Yeah.  So there 

13           are often reports of charter school CEOs 

14           earning exceptionally high salaries.  And in 

15           general, there is far less clarity into how 

16           charter money is spent than at public 

17           schools.  

18                  Why should we approve increased funds 

19           to charter schools, knowing how much of 

20           that -- you know, charter -- how much of that 

21           some charter officials will receive, far more 

22           than their public counterparts?  

23                  MR. MERRIMAN:  So you know how much 

24           they receive.  I would argue that the 


                                                                   613

 1           question is, how good an education are they 

 2           giving students?  

 3                  I mean, there are superintendents on 

 4           Long Island earning nearly 400,000 to 500,000 

 5           if you include in retirement benefits.  Is 

 6           that excessive?  I don't know.  People rarely 

 7           raise the issue. 

 8                  ASSEMBLYWOMAN NIOU:  Okay, so that's 

 9           your answer.  All right, great. 

10                  So also I wanted to just add in just 

11           because I think that the punch line, of 

12           course, was that the state's education policy 

13           fund is Foundation Aid.  So I think that that 

14           was the whole point of what Senator Krueger 

15           was saying.  And I appreciate all of the work 

16           that she did, of course, on marijuana, but 

17           also on the fact that our state education 

18           equity fund is Foundation Aid.  So I wanted 

19           to make it obvious.  

20                  Thank you, everyone.

21                  CHAIRWOMAN WEINSTEIN:  Thank you.

22                  Senate, I don't believe you have 

23           anyone, but we do have an Assemblyman.  

24                  CHAIRWOMAN KRUEGER:  No, I don't see 


                                                                   614

 1           other hands.

 2                  CHAIRWOMAN WEINSTEIN:  Okay.  So 

 3           Assemblyman Smith.

 4                  ASSEMBLYMAN SMITH:  Thank you so much, 

 5           Chairwoman.  

 6                  So a few of the issues -- and thank 

 7           you for attending and enlightening us on some 

 8           of these things.  I definitely would like to 

 9           have perhaps follow-up conversations to learn 

10           a little bit more about it.  I represent -- 

11           my district is on Long Island, but a few of 

12           the things that were mentioned, and things 

13           that have come up in my district -- what 

14           percentage would you say of your workforce is 

15           unionized?  You know, teachers in charter 

16           schools.  I believe there are some.

17                  MR. MERRIMAN:  I don't believe less -- 

18           I mean, there are some.  Probably less than 

19           10 percent. 

20                  ASSEMBLYMAN SMITH:  Okay.  Probably 

21           less than 10 percent.  Okay.  Because I think 

22           that, you know, we are talking about some of 

23           the differences when we are comparing apples 

24           to oranges, trying to figure these things 


                                                                   615

 1           out.  And again, admittedly, I represent -- 

 2           on Long Island we don't have too many charter 

 3           schools, and it's an issue that -- you know, 

 4           I was a public school teacher.  I'm a strong 

 5           advocate for public education.  So it's 

 6           something that I have a tough time coming to 

 7           grips with when we are trying to -- we're 

 8           talking about public funding going to 

 9           institutions that -- that this concerns about 

10           accountability in the same regard and 

11           questions about that.

12                  So I think that that's where my 

13           colleagues and myself are kind of coming 

14           from, where there is a little bit of 

15           skepticism because we just don't have 

16           answers, you know.  There are certain things 

17           that we don't have access to, information.  

18           So if there are ways that you can help us 

19           understand, that would be very helpful, I 

20           think, because as we are going forward -- and 

21           then the other part of it is, you know, maybe 

22           a little bit more controversial, but I'll use 

23           an example.

24                  One of my colleagues here on 


                                                                   616

 1           Long Island served in the New York State 

 2           Assembly.  He ran for New York State Senate 

 3           last year, and in the waning days of his 

 4           campaign -- he ended up winning the race, but 

 5           an organization associated with the charter 

 6           school industry spent $2.7 million -- 

 7           $2.7 million against him.  Now, he was a 

 8           member of the State Assembly and, you know, 

 9           didn't really take a strong position on 

10           school choice or, you know, advocate for 

11           public schools. 

12                  Of course, so I think, you know -- and 

13           again, I'm not singling out, but when we're 

14           talking about skepticism and information 

15           regarding how members feel about things, you 

16           know, I can say nobody has ever spent 

17           $2.7 million in any campaign I've been 

18           involved with, but it might be tough building 

19           bridges at that point.  So I think we have 

20           some issues in that regard as well. 

21                  So -- and again, I'm not asking you a 

22           question.  It's more of a statement.  But I 

23           think that's something that's concerning to a 

24           number of us, and I can see by the facial 


                                                                   617

 1           expressions that my colleagues may have 

 2           similar feelings. 

 3                  But again, if you could provide 

 4           additional information, I think that would be 

 5           helpful.  Thank you for your time. 

 6                  MS. BENNETT:  May I respond to that as 

 7           well?  

 8                  ASSEMBLYMAN SMITH:  Thank you.  

 9                  MS. BENNETT:  Just on the 

10           accountability.  Charter schools are 

11           accountable.  They're accountable to their 

12           authorizers.  The school districts also have 

13           the authority to come in and inspect records 

14           and documents related to the schools.  And in 

15           charter schools, if the schools don't perform 

16           according to expectation, they are subject to 

17           closure.  Every five years they go under 

18           review for that.  

19                  So there is a lot of accountability 

20           for charter schools, there's a lot of 

21           oversight authority right now, and so I think 

22           there is some disconnect between 

23           accountability and charter schools and what 

24           is required.  We're happy to provide more 


                                                                   618

 1           information on what is required there.  

 2                  And on the political stuff, understand 

 3           that the association is a nonprofit, we're a 

 4           C(3).  We're nonpartisan, we don't get 

 5           involved in races or selecting candidates or 

 6           anything like that.  I just wanted to make 

 7           that clear as well. 

 8                  ASSEMBLYMAN SMITH:  I totally 

 9           understand.  It's a different group that 

10           claims affiliation and whatnot.  So thank you 

11           for your time on that.  

12                  MS. BENNETT:  Thank you.  

13                  CHAIRWOMAN WEINSTEIN:  Thank you.  

14                  I believe there are no further 

15           questions, so thank you to the panel.  

16                  And we will be bringing in the next 

17           panel, Panel H:  New York State School 

18           Facilities Association, Fred Koelbel, 

19           legislative committee cochair, and New York 

20           School Bus Contractors Association, Nicholas 

21           Vallone, president. 

22                  MR. STAPF:  Chairman?  

23                  CHAIRWOMAN WEINSTEIN:  Yes.

24                  MR. STAPF:  I'm in Panel G.  Joshua 


                                                                   619

 1           Stapf, Literacy Rochester.

 2                  CHAIRWOMAN WEINSTEIN:  Aha, you're 

 3           right.  I skipped one.  Thank you. 

 4                  MR. STAPF:  You're welcome. 

 5                  (Laughter.)

 6                  CHAIRWOMAN KRUEGER:  Sorry about that.

 7                  CHAIRWOMAN WEINSTEIN:  Okay.  Panel H, 

 8           I got the message that Panel H is in the 

 9           green room, not actually here now.  

10                  So let us go to Panel G:  New York 

11           Library Association, Briana McNamee, director 

12           of government relations and advocacy; Bio Bus 

13           Inc., Ben Dubin-Thaler, executive director 

14           and founder; and Literary Rochester, 

15           Joshua Stapf, executive director.  Thank you 

16           for speaking up when I almost skipped over 

17           you all. 

18                  If you can go in that order, starting 

19           with the New York Library Association. 

20                  MS. McNAMEE:  Thank you, 

21           Chair Weinstein.  My name is Briana McNamee, 

22           and I have the privilege of serving as the 

23           New York Library Association's director of 

24           government relations and advocacy. 


                                                                   620

 1                  Thank you for providing me the 

 2           opportunity, especially after a long, long 

 3           day, to testify on behalf of our state's 

 4           libraries and our library systems and the 

 5           more than 10 million New Yorkers who hold 

 6           library cards.  Also, I apologize for my 

 7           senior dog pacing in the background. 

 8                  This year's Executive Budget proposal 

 9           includes $96.1 million for State Library Aid, 

10           $14 million for State Library Construction, 

11           and the release of $150,000 for the Library 

12           Funds.  Well, I wish it were different.  I 

13           come before you once again to speak about the 

14           failure of our Executive to acknowledge the 

15           crucial role that libraries serve in our 

16           communities and the contributions our 

17           librarians make towards the state education 

18           system. 

19                  The State Library Aid Program, as you 

20           may know, is a primary source of funding for 

21           New York's library systems which provide 

22           shared services and resources to each library 

23           in New York.  These systems' services ensure 

24           that every community and every New Yorker, 


                                                                   621

 1           regardless of relative wealth, have access to 

 2           quality library materials and services. 

 3                  Library systems services are 

 4           efficient, they're effective, and they 

 5           empower their libraries.  While the Executive 

 6           proposal does represent a moderate $2 million 

 7           increase, it falls short of the education 

 8           statute by $6.5 million.  I should note, even 

 9           if funded at the level, which is 

10           $102.6 million, the State Library Aid Program 

11           would still make up less than one-tenth of 

12           1 percent of the entire state budget.  

13                  For library construction, the 

14           Executive has slashed the Library 

15           Construction Aid the last two years by 

16           $20 million.  As a result, every year you all 

17           have the responsibility to identify and 

18           resecure the aid.  Unfortunately, this 

19           process has left the program stagnant.  A 

20           statistic you likely have heard and seen me 

21           use before, $1.5 billion.  That is the 

22           current need within our community for 

23           infrastructure upgrades and renovations.  

24                  Next I will briefly mention the Love 


                                                                   622

 1           Your Library fund.  Each year the New York 

 2           State Summer Library Reading Program hosted 

 3           by local libraries offers unparalleled 

 4           literacy and enrichment opportunities to the 

 5           state's young learners.  Generations of 

 6           students have combated summer learning loss 

 7           due to the program's literacy, supported 

 8           arts, and programming.  We support the 

 9           Executive's proposal to distribute $150,000 

10           of available funds to our library systems for 

11           this purpose.  

12                  And lastly, with my 30 seconds, 

13           Instructional Materials Aid.  That includes 

14           library materials, textbooks, software, and 

15           hardware.  Aid for each is critical to ensure 

16           students have access to educational materials 

17           and technology.  Currently the rate is 6.25, 

18           $6.25 per pupil.  Our association supports 

19           the Board of Regents proposal to increase 

20           this aid, and we ask that you include it in 

21           your one-house and the final budget.

22                  I would happily take comments and 

23           questions.

24                  CHAIRWOMAN WEINSTEIN:  Thank you.  


                                                                   623

 1                  We'll go on to Bio Bus, Inc.  

 2                  MR. DUBIN-THALER:  Hi.  Thank you so 

 3           much, chairs, ranking members, and members of 

 4           the Senate and Assembly.

 5                  My name is Benjamin Dubin-Thaler.  I 

 6           am a scientist turned nonprofit science 

 7           education person, and Bio Bus is the 

 8           organization that I started in 2007.  I went 

 9           out and bought a used GM transit bus, filled 

10           it with microscopes, and started bringing the 

11           bus to schools all across New York City and 

12           New York State.  

13                  And the idea was that if students 

14           experienced what it was like to be in a real 

15           science lab working with scientists, it would 

16           ignite their passion for science and careers 

17           in science.  Now we are 26 scientists strong.  

18           We are helping students -- hundreds of 

19           thousands of students reach their scientific 

20           potential.  

21                  We have two mobile labs, community 

22           labs, in West Harlem and the Lower East Side.  

23           We reinvented our programs twice during the 

24           pandemic, and in close partnerships with our 


                                                                   624

 1           schools, principals, and science teachers.  

 2           We went online, now we are back doing safe 

 3           in-person programs.  And we have been able to 

 4           continue our paid research internship 

 5           program.  

 6                  We have over 50 high school and 

 7           college students doing research with our 

 8           scientists this year.  Their work was 

 9           recently featured in the New York Times, and 

10           those students are publishing a scientific 

11           paper.  We have, in total, reached over 

12           260,000 students in New York State since 

13           2008.  

14                  New York State previously awarded 

15           $400,000 in capital funds that helped us 

16           build our newest mobile lab, so we now have 

17           two mobile labs that helped us double our 

18           capacity.  And this year over $500,000 from 

19           New York State, in the budget line as well as 

20           member items, meant that we are reaching more 

21           students and spending more time with each 

22           student and have been able to hire additional 

23           scientists to help us reach students and, 

24           especially in this time, help students 


                                                                   625

 1           overcome the learning loss that's especially 

 2           hard-hitting in science when there's, you 

 3           know, such an importance of hands-on work.  

 4                  We are proud to match the public 

 5           support that you all have helped us get with 

 6           private investments, partnerships with 

 7           Regeneron, Pharmaceutical, Colgate, and 

 8           universities like Columbia and NYU.  We have 

 9           over 100 volunteers that help us achieve our 

10           mission, and together we are working to 

11           increase the number of students from 

12           communities that have been excluded from 

13           science because of race, because of gender, 

14           because of socioeconomic status.  And they 

15           want to join New York's growing STEM 

16           workforce and meet the demand for STEM jobs, 

17           and we are trying to help them get there and 

18           we are helping them get there.  

19                  Thank you for your support in helping 

20           us continue to be a trusted partner for 

21           schools, communities, and young scientists as 

22           we expand to reach even more students. 

23                  Thank you so much.

24                  CHAIRWOMAN WEINSTEIN:  Thank you.  


                                                                   626

 1                  And now, Literacy Rochester. 

 2                  MR. STAPF:  Hello, my name is Joshua 

 3           Stapf.  I'm the executive director of 

 4           Literacy Rochester, and I would like to talk 

 5           about a group of education that doesn't seem 

 6           to have an exact home within the committee 

 7           structure of both the Senate and the 

 8           Assembly, which is adult education and adult 

 9           literacy. 

10                  New York State has 3.4 million adults 

11           that don't have a high school degree and/or 

12           are lacking the literacy levels to have 

13           functional abilities within society.  

14                  As a volunteer-driven program, we do 

15           appreciate both the Legislature and the 

16           Executive including $7.8 million within the 

17           budget for the Adult Literacy Education Fund.  

18           For those of you who are unsure about that, 

19           New York State is actually one of very few 

20           states in the U.S. that provides adult 

21           literacy education funding that is not coming 

22           from the federal level, so we greatly 

23           appreciate New York State providing that 

24           extra funding.  


                                                                   627

 1                  The bigger thing, though, is that 

 2           funding is restricted, and to really focus on 

 3           workforce development, and it is leaving out 

 4           people that are not looking to get into the 

 5           workforce, whether they're a stay-at-home 

 6           parent, they're retired, or they are disabled 

 7           and they can't get into the workforce.  And 

 8           adult literacy has an impact not only on a 

 9           person's -- a single person's life, but it's 

10           their family.  It will help resolve poverty, 

11           incarceration rates, reduce public 

12           assistance.  It increases child literacy 

13           rates along with also increasing civil 

14           engagement within their community.  

15                  So as a representative of adult 

16           education, we are looking for support for a 

17           new funding stream called the Community 

18           Literacy Fund, which helps community-based 

19           organizations that are volunteer-driven to 

20           provide services to these people that don't 

21           fall within normal adult education funding 

22           and programming. 

23                  These are people that often cannot do 

24           a three days a week or four hours a day -- 


                                                                   628

 1           you know, they need the services that can be 

 2           provided by a volunteer because they can meet 

 3           only on Thursday nights at 6:00 or Saturdays 

 4           at 2:00.  And they cannot move at same pace 

 5           as group education classes; they usually 

 6           often have to go slower.  

 7                  Our standard person that we help has a 

 8           reading level of below fifth-grade, and these 

 9           are people ranging anywhere from 18 all the 

10           way up above 65. 

11                  CHAIRWOMAN WEINSTEIN:  Thank you all 

12           for being here.  

13                  We have a number of members in both 

14           houses that have questions, so we're going to 

15           start with Assemblyman Jensen.

16                  ASSEMBLYMAN JENSEN:  Thank you very 

17           much, Chairwoman, and I do have some 

18           questions for Bri.  

19                  But I do just want to make a comment 

20           that it's my own personal public policy that 

21           we should always take the recommendations of 

22           bearded individuals named Josh.  So I 

23           certainly appreciate that. 

24                  Bri, I know you talked about 


                                                                   629

 1           Construction Aid.  Could you tell or share 

 2           how many projects were funded with the 

 3           $34 million that was included in the budget 

 4           last year?  

 5                  MS. McNAMEE:  Sure.  So we don't have 

 6           the number of projects for the 2022 budget 

 7           last year, as the application for those 

 8           projects just ended in October.  But for the 

 9           '21 budget we do -- or the '20-'21 budget -- 

10           we do know that the Library Construction Aid 

11           program supported 135 projects. 

12                  ASSEMBLYMAN JENSEN:  Okay.  I know 

13           when meeting with libraries -- Chairs 

14           Jean-Pierre and Ryan had a statewide tour, 

15           and I was happy to participate with part of 

16           that -- we heard from stakeholders during 

17           that, as well as throughout the year, that 

18           libraries in the state are owed around 

19           $102 million.  

20                  Could you share a little bit more 

21           information about what that figure means? 

22                  MS. McNAMEE:  Sure.  So overall I 

23           think in the last decade -- I do have a chart 

24           on this somewhere -- I think we were actually 


                                                                   630

 1           owed around $130 million, if you're talking 

 2           about what's in statute and what we lost or 

 3           haven't received in aid.  

 4                  But that $102.6 million that you're 

 5           referencing is contemplated in Education Law.  

 6           It's based on our funding formula that is 

 7           tied to the census.  Numbers obviously are 

 8           based on the 2010 Census, and not the most 

 9           recent.  But when you see that in our talking 

10           points or hear advocates, that's what they're 

11           talking about. 

12                  ASSEMBLYMAN JENSEN:  And I know 

13           Commissioner Rosa at the beginning of the 

14           day -- it seems like a lifetime ago -- talked 

15           about the Instruction Materials Aid and SED's 

16           desire to increase that number and the 

17           failure of the Executive to do that.  

18                  You know, certainly I would imagine 

19           that NYLA would be in support of that 

20           increase, if only just to get the library 

21           benefits of that.  Could you touch on that 

22           also?

23                  MS. McNAMEE:  Sure.  A really good 

24           question.


                                                                   631

 1                  ASSEMBLYMAN JENSEN:  Oh, thank you.

 2                  MS. McNAMEE:  So Library Materials Aid 

 3           is part of the state formula aid, and it's 

 4           intended to supplement local funds budgeted 

 5           for school library program support.  

 6                  So currently, as I auction-called-off 

 7           in my testimony, the current rate is $6.25 

 8           per student attending both public and 

 9           nonpublic schools within the school 

10           district's boundaries.  The Board of Regents 

11           proposal would increase that approximately 

12           $2.  

13                  I should also note that that rate of 

14           $6.25 has not been increased since 2007, so 

15           it's been quite some time. 

16                  ASSEMBLYMAN JENSEN:  Thank you very 

17           much, Bri.  And thank you, Madam Chair.  

18                  CHAIRWOMAN WEINSTEIN:  Thank you.  

19           We're going to go to the Senate now.  

20                  Senator Krueger, do you have any 

21           senators? 

22                  CHAIRWOMAN KRUEGER:  Thank you very 

23           much.  We do, and the first will be our 

24           Education chair, Shelley Mayer. 


                                                                   632

 1                  SENATOR MAYER:  Thank you.  

 2                  I want to thank you all for being here 

 3           and for your testimony, but I want to just 

 4           focus on, Joshua, what you said.  

 5                  One, these ALE programs have been a 

 6           stepchild with no real home, and yet I think 

 7           all of us know how critical they are in our 

 8           districts.  So I very much appreciate this. 

 9                  A question on your Community Literacy 

10           Fund, which we've been contacted about as 

11           well.  Are you proposing that that would be 

12           given to the State Education Department to 

13           distribute?  Where would that be placed, do 

14           you know? 

15                  MR. STAPF:  So we don't know exactly 

16           where it would be placed.  We would usually 

17           recommend that it would not be placed within 

18           the Education, just because of the focus 

19           on -- that Education takes on the workforce 

20           development and how this is not so much 

21           driven that way, even though it is still 

22           within -- it's an adult education field. 

23                  SENATOR MAYER:  So where would you -- 

24           do you have an idea where you want it to be 


                                                                   633

 1           placed?  Or if you don't know, fine. 

 2                  MR. STAPF:  I don't.  No, I do not. 

 3                  SENATOR MAYER:  Okay.  And the other 

 4           thing is that fund would fund programs that 

 5           are volunteer-based in terms of providing 

 6           adult literacy services.  Is there adequate 

 7           money for those that are not volunteer-based, 

 8           for the regular ALE program?  I think that 

 9           you have less of an ask for that.  

10                  MR. STAPF:  Yeah, so the ALE programs 

11           that are not volunteer-based, they follow a 

12           traditional education model of a classroom 

13           setting, so they hire teachers.  

14                  And so the Community Literacy Fund is 

15           meant to support learners that do not thrive 

16           within that traditional model, and they need 

17           that flexibility that is being able to be 

18           provided by a volunteer. 

19                  You know, you can't try to plug them 

20           into a classroom at 6 o'clock at night when 

21           it's only one person that maybe can meet at 

22           that time.  But a volunteer can meet 

23           one-on-one at the time and location that best 

24           serves them, and also go at the speed that 


                                                                   634

 1           works best for them, not the speed that works 

 2           best for the majority of a group.

 3                  SENATOR MAYER:  Do you have an 

 4           approximate number of the number of 

 5           individuals who would be served by this 

 6           program statewide? 

 7                  MR. STAPF:  Yeah.  So we estimate that 

 8           with it up and running, we would serve about 

 9           32,000 people.  So that would be an 

10           investment from New York State of $1,000 per 

11           student.  And then we estimate the in-kind 

12           donation of a volunteer's time being $3,000, 

13           giving a total investment of $4,000 per 

14           student for anybody that would be involved in 

15           this program.  

16                  SENATOR MAYER:  Okay.  Thank you.  

17                  MR. STAPF:  Which is about a third of 

18           the current adult learners that are being 

19           served by adult education funding in New York 

20           State. 

21                  SENATOR MAYER:  Okay.  Thank you, very 

22           helpful.  I appreciate it very much.  Thank 

23           you.

24                  CHAIRWOMAN WEINSTEIN:  So we go to the 


                                                                   635

 1           assembly.  

 2                  Our chair, Assemblyman Benedetto. 

 3                  ASSEMBLYMAN BENEDETTO:  Thank you, 

 4           Madam Chairman, and thank everybody for being 

 5           here so late. 

 6                  Briana, we all love our libraries.  We 

 7           always say that. That's universal.  But also 

 8           universal, we always seem to do wrong for the 

 9           libraries in the budget, and hopefully we'll 

10           correct that this year. We are going to try. 

11                  MS. McNAMEE:  Thank you.  

12                  ASSEMBLYMAN BENEDETTO:  Ben, I love 

13           the Bio Bus, you know that.  I have been on 

14           the Bio Bus.  You are a scientist and you 

15           said you bought a second bus and you doubled 

16           your capacity.  Well, you are a real 

17           mathematician.  Yes, you did.  And maybe in 

18           the future you could buy an electric bus like 

19           we are talking about and triple your 

20           capacity.  

21                  MR. DUBIN-THALER:  Okay.

22                  ASSEMBLYMAN BENEDETTO:  But we are all 

23           for the Bio Bus.  

24                  And Joshua, I had the privilege of 


                                                                   636

 1           meeting with a whole bunch of you guys only a 

 2           couple of weeks ago in regards to adult 

 3           literacy, and I've already had discussions 

 4           with my educational team about it, and we are 

 5           going to try to do -- I don't know what we 

 6           can do, but we are going to try, okay?  So 

 7           your message is being heard.  

 8                  MR. STAPF:  Thank you.  

 9                  ASSEMBLYMAN BENEDETTO:  And that's all 

10           I have to say.  It's late and I know we are 

11           all a little tired. 

12                  Good luck, everybody. 

13                  CHAIRWOMAN KRUEGER:  Thank you.  

14                  Senator Sean Ryan, who's the chair of 

15           the Libraries Committee.  Oh, I am slowing 

16           down.  Sorry about that.

17                  SENATOR RYAN:  It's your first 

18           demonstration of waning energy.  Very good. 

19                  Thanks to everyone for coming out to 

20           testify today, and thank you, Briana, for the 

21           hard work you do with your association and, 

22           you know, working closely with myself and 

23           Assembly Library Chair Kimberly Jean-Pierre.

24                  And we did a tour this summer, and we 


                                                                   637

 1           were joined by the Assembly ranker, Josh 

 2           Jensen, so we learned a lot.  But one of the 

 3           things that kept coming up was the cost of 

 4           ebooks, and then the second was the lack of 

 5           internet connectivity and how libraries fill 

 6           the gap on that.  And I was considering if 

 7           you could take a second to talk about those 

 8           issues, please.

 9                  MS. McNAMEE:  Sure.  As far as ebooks, 

10           unfortunately, our Ebooks for All bill was 

11           vetoed by the Governor, but I have a lot of 

12           hope that we are going to reintroduce and 

13           just kill advocacy this year and really make 

14           sure that the Second Floor and all of you 

15           here and your colleagues really understand 

16           ebooks and digital literacy.  

17                  But as far as ebooks, just a little 

18           bit about it.  The average cost of an ebook 

19           from a major publisher has tripled between 

20           2011 and 2020.  Libraries typically end up 

21           paying two to three times more than they do 

22           for a hard cover -- sometimes up towards $65 

23           per copy, compared to maybe $15 for a hard 

24           copy that an individual might cover. 


                                                                   638

 1                  So instead of owning an ebook, the 

 2           other part of this is that instead of owning 

 3           that ebook forever, like a person -- like we 

 4           would if we had purchased it, librarians must 

 5           decide at the end of the licensing term 

 6           whether they're going to renew it or not.  

 7                  And then I think your other question 

 8           was about how libraries are closing the gap 

 9           on the digital network.  I do know during 

10           COVID we tried to expand our networks.  We 

11           tried to increase hotspots.  I know we are 

12           working very closely with other organizations 

13           and allies in our community, including the 

14           NDIA, to really try to eliminate that digital 

15           inequity as much as possible.  

16                  But certainly with any funding, 

17           including last year's $50 million grant, that 

18           would certainly help.

19                  SENATOR RYAN:  Thank you so much. 

20                  CHAIRWOMAN KRUEGER:  Thank you. 

21                  Assembly. 

22                  CHAIRWOMAN WEINSTEIN:  We -- let's 

23           see.  Kimberly Jean-Pierre, our Library 

24           chair.  


                                                                   639

 1                  Hi.  I saw her.  The hand was raised. 

 2                  THE MODERATOR:  She's there, 

 3           Chairwoman, but we cannot hear her. 

 4                  CHAIRWOMAN WEINSTEIN:  Yeah, we're 

 5           trying to hear you, Kimberly.  

 6                  ASSEMBLYWOMAN JEAN-PIERRE:  Can you 

 7           hear me now? 

 8                  CHAIRWOMAN WEINSTEIN:  Yes.  Yes, we 

 9           can. 

10                  ASSEMBLYWOMAN JEAN-PIERRE:  Oh.  I did 

11           a whole spiel. 

12                  (Laughter.)

13                  CHAIRWOMAN KRUEGER:  Repeat.  Repeat.

14                  ASSEMBLYWOMAN JEAN-PIERRE:  Well, I 

15           say this -- it's not so early in the day, for 

16           sure.  And I want to thank everybody who has 

17           testified in this panel and to our chairs and 

18           to my chair -- my cochair in the Senate, 

19           Senator Sean Ryan.  I know he said we did a 

20           tour over the summer.  It was only a month 

21           ago.  It feels like over the summer because 

22           we have been doing a whole lot.  

23                  But Bri, I want to thank you for your 

24           partnership.  And I know last session, last 


                                                                   640

 1           budget, we were able to increase our 

 2           Construction Aid by $34 million.  And with 

 3           the Executive proposal, the slash cut, if you 

 4           could talk a little bit about how much 

 5           libraries would be at a disadvantage if we 

 6           cut it, what positivity that the Construction 

 7           Aid would do to libraries now. 

 8                  MS. McNAMEE:  Sure.  So first -- just 

 9           thank you, and the tour was awesome.  And 

10           yes, it was in December.  It was very cold, I 

11           remember. 

12                  But as far as the Construction Aid, 

13           yes, it was reduced by $20 million again.  We 

14           are very fortunate that the Board of Regents 

15           are aligned with us, and we're looking for 

16           $45 million, which is still a drop in the 

17           bucket compared to the $1.5 billion need.  

18                  But those construction funds go to 

19           everything from -- you saw it on your tour -- 

20           a new child's reading area to a new annex to 

21           actually like safety features, ADA 

22           compliance, water features -- not water as in 

23           fish tanks, but making sure we have compliant 

24           water fountains and things like that, 


                                                                   641

 1           compliant bathrooms.  

 2                  So really those funds are going 

 3           directly into your community to make sure 

 4           that your residents have not only nurturing 

 5           spaces but safe and healthy spaces as well.  

 6                  So certainly with the reduction in 

 7           dollars, if it stays this way I would be 

 8           concerned that, again, those few hundred --  

 9           135 projects we benefited last budget season 

10           could drop to a half of that.

11                  ASSEMBLYWOMAN JEAN-PIERRE:  Okay.  The 

12           time clock ticks.

13                  In the last 30 seconds, what is the 

14           difference in cost between a hardcover or 

15           soft-cover book and an ebook book -- as my 

16           legislation was vetoed, we hoped -- we are 

17           going to bring it back and we hope for a 

18           positive outcome. 

19                  MS. McNAMEE:  Sure.  So typically, on 

20           average, a hardcover book is anywhere between 

21           $15 and $25 for a library, where for an ebook 

22           the cost can be anywhere -- typically we see 

23           between $48 and $70.  At least that's the 

24           average that I'm seeing. 


                                                                   642

 1                  ASSEMBLYWOMAN JEAN-PIERRE:  Per 

 2           license, correct?  

 3                  MS. McNAMEE:  Per -- yeah, we're 

 4           talking about per book.  So for the ebook it 

 5           would be per license. 

 6                  CHAIRWOMAN KRUEGER:  The Senate has 

 7           one more. 

 8                  CHAIRWOMAN WEINSTEIN:  I was going to 

 9           say does the Senate -- yes.

10                  CHAIRWOMAN KRUEGER:  Yes.  I see Samra 

11           Brouk.

12                  SENATOR BROUK:  Yes, a late addition 

13           to the list.  Thank you so much. 

14                  I wanted to hop in because I had to 

15           give some Rochester love to our 

16           representative here, Josh, for holding it 

17           down.  

18                  I just want to say thank you so much, 

19           Josh.  One, for making it through this day 

20           and coming and testifying, but also for the 

21           work that you do.  We know it well here 

22           locally.  And as someone whose father would 

23           have very much used these kinds of services 

24           to support his family, as a refugee from 


                                                                   643

 1           Ethiopia, we know not just the economic but 

 2           the family impact that this has.  So I want 

 3           to thank you for your support for this 

 4           Community Literacy Fund.  

 5                  I know that you have been working on 

 6           this for a very long time, and give you a 

 7           chance, one more chance, to convince folks of 

 8           the importance of this that you might not 

 9           have gotten a chance to speak on in your 

10           testimony. 

11                  MR. STAPF:  Thank you.  And we 

12           appreciate all the support that everybody has 

13           been giving us, especially you, Samra. 

14                  So with the Community Literacy Fund, 

15           the investment is to help people be able 

16           to -- just be able to engage in their 

17           community and engage in their life as just 

18           everybody else does.  You know, we have 

19           people that come into our office that can't 

20           go to Wegman's by themselves -- which is a 

21           grocery store, if you don't know what 

22           Wegman's is.  They can't go to the grocery 

23           store by themselves.  We have parents that 

24           can't help their kids with their homework, 


                                                                   644

 1           that can't have doctor's meetings.  

 2                  You know, in the United States it is 

 3           estimated that over $100 billion in 

 4           healthcare costs is related to adults having 

 5           low literacy skills.  Which means they can't 

 6           read medications correctly, they can't 

 7           properly communicate with their doctors on 

 8           what the issues are.  A child of low-literate 

 9           parents is 72 percent more likely to be 

10           low-literate themselves.  And it is estimated 

11           that about 43 percent of adults in poverty 

12           right now have reading levels below the 

13           fourth grade. 

14                  So it just affects everything from 

15           poverty to childcare to health.  So being 

16           able to increase someone's literacy levels 

17           not only benefits them, it benefits their 

18           family and it benefits the community that 

19           they're a part of.  So it's kind of a 

20           win-win-win.  

21                  And with the volunteer aspect that the 

22           Community Literacy fund is focused with, you 

23           know, one-fourth of the investment comes from 

24           the state.  The rest comes from a community 


                                                                   645

 1           member.  So it really is the community 

 2           helping the community be better. 

 3                  SENATOR BROUK:  Thank you, Josh.  I 

 4           look forward to working on that with you as 

 5           well.  Thanks.

 6                  MR. STAPF:  Thank you.  

 7                  CHAIRWOMAN WEINSTEIN:  We now have 

 8           three Assemblymembers, so we'll start with 

 9           Assemblyman Otis, and then Assemblywoman 

10           Lunsford and then Assemblywoman Niou.

11                  So we'll start with Mr. Otis. 

12                  ASSEMBLYMAN OTIS:  Briana, you touched 

13           on it earlier about the Digital Inclusion 

14           Grant Program, and the way that's envisioned, 

15           the library systems are going to be a very 

16           important part of that.  

17                  And Josh is here, and I know Josh is 

18           very interested in digital inclusion work as 

19           well in what he's doing in Rochester.  We've 

20           spoken.

21                  But Bri, can you just give a little 

22           more flavor to how important digital 

23           inclusion programs are for dealing with 

24           digital literacy around the state and the 


                                                                   646

 1           role that libraries play?

 2                  MS. McNAMEE:  Sure.  So those funds 

 3           that were allocated last year, libraries 

 4           across the state are really looking forward 

 5           to those funds finally being distributed.  

 6                  But much of the work that we are 

 7           already doing is neighborhood-based, it's 

 8           right in our communities.  But with 

 9           additional funds, we can really use our 

10           community partnerships and collaborate with 

11           others who are already doing similar or 

12           expanded work and really make sure that we 

13           are addressing digital equity -- near, far, 

14           and every crevice of the state -- and making 

15           sure that we have digital navigators out 

16           there, making sure that we are spreading that 

17           Wifi access and really making sure that 

18           patrons -- at least at libraries -- of every 

19           age have access to the internet which they 

20           desperately to really thrive in the 

21           21st century. 

22                  ASSEMBLYMAN OTIS:  And Josh, how do 

23           you see that tool working with the work that 

24           you've already described in Rochester? 


                                                                   647

 1                  MR. STAPF:  Yeah, so I definitely 

 2           agree that the digital equity needs to be 

 3           addressed.  

 4                  I think one aspect that people kind of 

 5           overlook is they think that digital equity is 

 6           giving people access to the internet and 

 7           access to a computer.  But it also comes with 

 8           them being able to use it.  It's great that 

 9           you give them a computer, but if they don't 

10           know how to use it, it becomes a pretty 

11           expensive paperweight on their table.  

12                  So it definitely is a two-pronged 

13           approach of providing the education while 

14           also giving them access to the tools. 

15                  ASSEMBLYMAN OTIS:  Great.  Thank you 

16           both, and thank you, Helene. 

17                  I will yield back the rest of my time. 

18                  CHAIRWOMAN WEINSTEIN:  Senator 

19           Krueger. 

20                  CHAIRWOMAN KRUEGER:  Just quickly.  

21                  Thank you to Ben and your program.  So 

22           I represent the East Side of Manhattan.  

23           Sometimes I refer to it as Bedpan Alley, 

24           because we have so many hospitals and 


                                                                   648

 1           research facilities, and lots of them talk 

 2           about offering internships to young people.  

 3                  And I'm just curious, have you had any 

 4           cooperation from them?  Because it seems like 

 5           sort of a perfect match with what you are 

 6           doing and then having the opportunity to have 

 7           internships in these amazing life science 

 8           research facilities and hospital research 

 9           facilities.  

10                  MR. DUBIN-THALER:  Yes.  Thank you for 

11           that question.  It's an incredibly important 

12           topic, because we know how important those 

13           kinds of internships are to develop a young 

14           scientist's career.  It's a critical 

15           experience, and most scientists -- most adult 

16           scientists like myself, when asked, you know, 

17           what caused them to actually pursue a 

18           scientific career, it's often those early 

19           research experiences as a high school and as 

20           a college student.  

21                  We are working directly with partners 

22           at Cornell to develop pathways for our 

23           students in our program across the city to be 

24           able to go into labs.  In your district -- 


                                                                   649

 1           and a model that we have for that is actually 

 2           a partnership that we have right now with 

 3           Mount Sinai School of Medicine.  That was the 

 4           partnership that was highlighted in the 

 5           New York Times article in the middle of the 

 6           pandemic where we had students who were -- if 

 7           you're a little squeamish, you might want to 

 8           turn off your audio -- we had students who 

 9           were going across the city collecting bird 

10           poop -- pigeon poop, goose poop -- and 

11           putting them in tubes.  They were trained by 

12           the scientists, by a post-doc at Mount Sinai, 

13           and then they were bringing it back to the 

14           lab and learning how to analyze the genetic 

15           material in that poop.  

16                  The purpose of all of this is to 

17           actually prevent the next pandemic.  Because 

18           we know from coronavirus -- and flu virus is 

19           the same way, and a lot of viruses, you 

20           know -- they have animal reservoirs.  So this 

21           is a research experience that these students 

22           had, exactly like you are talking about.  Not 

23           only did they get recognition in the New York 

24           Times -- and the students themselves were the 


                                                                   650

 1           main voices in that article -- but they're 

 2           publishing a paper on it.  

 3                  So that's exactly the kind of 

 4           experience that we want, to continue to 

 5           partner with Cornell, with Rockefeller, with 

 6           labs across the city in order to increase the 

 7           opportunity for those kinds of experiences.  

 8                  CHAIRWOMAN KRUEGER:  Great.  If you're 

 9           looking for more contacts, I seem to have all 

10           the life science companies that are taking 

11           over these buildings and they come to talk to 

12           me about why I shouldn't have a problem with 

13           them taking over buildings.  So I'd be more 

14           than happy to say to them, What are you doing 

15           to help the young children get internships in 

16           there so that they can become our next 

17           generation of scientists?  

18                  So I'm easy to find, so just come find 

19           me.  Thank you.  

20                  MR. DUBIN-THALER:  Will do.  Thank 

21           you.  

22                  CHAIRWOMAN WEINSTEIN:  We go to 

23           Assemblywoman Lunsford. 

24                  ASSEMBLYWOMAN LUNSFORD:  Thank you, 


                                                                   651

 1           Chair Weinstein, and thank you to both chairs 

 2           for your superhuman stamina, and everyone 

 3           else who has stuck it out this late. 

 4                  My questions are for Joshua, because I 

 5           am a homer.  Joshua, can you talk to me a 

 6           little bit about Senator Mayer's question 

 7           earlier about how this funding would be 

 8           distributed?  We talked a little bit when you 

 9           initially came to me about sort of umbrella 

10           organizations.  

11                  Is there a trusted organization that 

12           this could be funneled through that you think 

13           would fairly distribute these funds to the 

14           local organizations? 

15                  MR. STAPF:  Yeah, I think there are.  

16           Currently, through the ALE funding, part of 

17           that funding is to create what is called a 

18           stack.  And that is kind of an oversight 

19           organization for ALE-funded groups, and there 

20           is one that handles what's called 

21           rest-of-state, and then there is one for the 

22           city.  So they understand a lot of the 

23           volunteer-based programming that's kind of 

24           related with a lot of the ALE organizations.  


                                                                   652

 1                  And actually, when ALE started over 

 2           20 years ago, the funding for ALE actually 

 3           went through one of the organizations, called 

 4           Literacy New York, and they actually had -- 

 5           they're the ones that kind of doled the money 

 6           out based on the contracts that the state 

 7           provided. 

 8                  ASSEMBLYWOMAN LUNSFORD:  Could any 

 9           literacy fund work the same way?

10                  MR. STAPF:  They definitely could work 

11           that same way.  You know, the goal is to be 

12           able to provide the education and the 

13           resources that those students need, not so 

14           much try to fit a student into the parameters 

15           that State Ed or the federal government with 

16           WIOA, which is Workforce Investment -- 

17           Title II, WIOA Title II is what it's called.

18                  You know, instead of trying to fit it 

19           into those parameters and make a student fit, 

20           the Community Literacy Fund is looking to 

21           make the program fit into what the students 

22           need, be able to provide funding to cover 

23           expenses like childcare and transportation 

24           for these students that currently aren't 


                                                                   653

 1           covered.  

 2                  A good example is right now we 

 3           actually have three refugee mothers who are 

 4           at home watching kids, they have very young 

 5           kids that aren't in school, they don't have 

 6           their own transportation, they can't really 

 7           leave the house.  So we have to -- we are 

 8           figuring out ways to be able to serve them 

 9           there or also figure out how we can get 

10           childcare for them so that they're able to 

11           come to a program, that we are there to help 

12           them.  

13                  ASSEMBLYWOMAN LUNSFORD:  Thank you,  

14           Josh.  

15                  And just for everyone else to know 

16           that in my district, English as a second 

17           language learners and New Americans are the 

18           primary way people receive adult literacy 

19           services.  So I want to thank Josh and 

20           Literacy Rochester very much. 

21                  Thank you.

22                  CHAIRWOMAN WEINSTEIN:  Assemblywoman 

23           Niou.

24                  (Laughter.)


                                                                   654

 1                  ASSEMBLYWOMAN NIOU:  So I mostly 

 2           raised my hand because I wanted to ask Ben 

 3           more questions so that John can make 

 4           interesting faces. 

 5                  (Laughter.)

 6                  ASSEMBLYWOMAN NIOU:  But I really 

 7           wanted to say thank you to, you know, the 

 8           panelists for presenting.  

 9                  Ben, I love your program.  Bio Bus is 

10           one of the programs that I have given my 

11           dollars to, to make sure that we can have 

12           amazing STEM programs for our kids, 

13           especially in the Lower East Side who have 

14           really loved your amazing adventures.  

15                  And then, Mr. Stapf, I want to say 

16           thank you so much for ALE advocacy, because 

17           we also really desperately need your programs 

18           in our district as well because, you know, we 

19           have so many immigrant adults who do not 

20           speak English as their first language.  My 

21           parents -- I would have probably honestly 

22           recommended that they use your program as 

23           well.  And I think it's really, really 

24           important that we fund the Community Literacy 


                                                                   655

 1           Fund. 

 2                  So thank you so much for presenting, 

 3           and I'm really glad that Samra was able to 

 4           give you time to be able to emphasize the 

 5           importance of it. 

 6                  I just have a couple of questions for 

 7           Ms. McNamee.  Could you -- I know -- 

 8                  (Zoom interruption.)

 9                  ASSEMBLYWOMAN NIOU:  -- funds for the 

10           Love Your Library program, and they were 

11           never actually distributed.  Right?  And do 

12           you believe that this huge delay has been 

13           perpetuated -- like, why do you think it has 

14           been perpetuated for so long?  And how can we 

15           ensure that we prioritize library funding?  

16                  And then you also spoke about, you 

17           know, the tremendous underfunding of our 

18           State Library Aid and some of the negative 

19           aspects.  But what are some of the evolving 

20           needs in our current-day, post-pandemic, I 

21           guess -- well, I guess we are still in the 

22           pandemic -- and what can we do, and why do 

23           you -- I guess why do you think that these 

24           delays are happening when we desperately need 


                                                                   656

 1           library help right now?  

 2                  MS. McNAMEE:  Sure.  So I'm going to 

 3           really try hard to remember everything that 

 4           you asked. 

 5                  But the first is why the Love Your 

 6           Library fund -- that was created 15-plus 

 7           years ago.  And first it was a license plate, 

 8           and then, second, it was a tax contribution 

 9           by personal or business contribution.  And I 

10           think, much like a lot of these funds that 

11           are created -- how many different license 

12           plates do we have in New York State?   I 

13           think a lot of these funds are created and 

14           then they're forgotten about, and I think a 

15           part of it is because it's a feel-good 

16           concept and then it goes away.  

17                  And I think in our case our sponsor, 

18           who originally put this Love Your Library -- 

19           retired.  And so no, to answer your question, 

20           it has never been distributed. It is now well 

21           over $150,000, and those funds, while that 

22           seems minuscule to many, that's thousands of 

23           dollars to each of the systems to be able to 

24           put towards a specific issue -- summer 


                                                                   657

 1           reading, which is so incredibly important. 

 2                  What was your second question? 

 3                  ASSEMBLYWOMAN NIOU:  No, that was 

 4           basically really it.  

 5                  I think that that is really important 

 6           to make sure that we get our money to our 

 7           libraries that are promised to our libraries, 

 8           and we really needed your help during this 

 9           pandemic, and I think that we are actually -- 

10           some of the services that you are providing 

11           are helping to save our students right now.  

12           So I just really appreciate it. 

13                  MS. McNAMEE:  And if I could just 

14           really quickly -- I do remember you had 

15           mentioned like the importance of library aid 

16           in general. 

17                  ASSEMBLYWOMAN NIOU:  Yeah.

18                  MS. McNAMEE:  Like where the 

19           heightened cost is.  I think COVID, we've 

20           seen -- like we've just seen basic inflation.  

21           And then I think with COVID there are 

22           increased costs to staffing and health and 

23           safety and making sure that we are addressing 

24           our community needs and what they deserve, 


                                                                   658

 1           and that comes with a cost, as well as 

 2           printing and everything else that we have 

 3           seen.  

 4                  And with increased aid, the services 

 5           that you come to expect from public libraries 

 6           are simply going to be expanded to address 

 7           every age and every service that they need. 

 8           So I think it's time for an investment in 

 9           libraries, certainly. 

10                  ASSEMBLYWOMAN NIOU:  I agree. 

11                  CHAIRWOMAN WEINSTEIN:  Thank you.  

12           Thank you, panel, for being here.  

13                  We are going to move on to the next 

14           panel, Panel H:  New York State School 

15           Facilities Association, Fred Koelbel, 

16           legislative committee chair; and New York 

17           School Bus Contractors Association, 

18           Nicholas Vallone, president.

19                  If you can go in that order.  Fred can 

20           start.  Three minutes on the clock.

21                  MR. KOELBEL:  Thank you for this 

22           opportunity, and I applaud you on your 

23           endurance as we roll into our 12th hour for 

24           all of you. 


                                                                   659

 1                  The New York State School Facilities 

 2           Association, we represent the directors of 

 3           facilities responsibile for maintaining and 

 4           operating thousands of school buildings and 

 5           facilities across New York.  These last two 

 6           years have been challenging for our members. 

 7           However, our members and their staffs met 

 8           these challenges and provided clean, healthy, 

 9           and safe places of learning for New York 

10           students.  

11                  We continue to meet these challenges 

12           despite staff shortages due to quarantines, 

13           retirements, and lack of candidates.  Our 

14           budgets continue to be stretched by increased 

15           costs, new demands, and aging equipment.  In 

16           short, the slices of our pie have become very 

17           thin.  So I thank you for working with 

18           Governor Hochul to ensure funding for the 

19           cost of conducting enhanced lead-in- 

20           drinking-water testing and remediation.  I 

21           encourage you to continue this practice to 

22           provide funding for future programs and 

23           initiatives.  

24                  Speaking of costs, I would like to 


                                                                   660

 1           highlight a couple of initiatives that we're 

 2           supporting.  First is our proposal for 

 3           capital outlay.  Under the current law, a 

 4           project of less than $100,000 wholly funded 

 5           for a capital outlay in the district's annual 

 6           budget can be reimbursed through the 

 7           Building Aid the following year.  

 8                  One hundred thousand dollars is an 

 9           inadequate number.  When you factor in the 

10           cost of prevailing wage and the soft cost of 

11           any project, it doesn't really do anything.  

12           This increased cost will allow small projects 

13           to be quickly addressed before the need rises 

14           to the level of a bond.  In short, we think 

15           it will save money because it avoids the cost 

16           of bonding money and borrowing and addresses 

17           the issue while it's still a small cost and 

18           hasn't grown larger. 

19                  Energy Reserve Fund.  We are promoting 

20           the creation of an Energy Reserve Fund for 

21           schools.  I think this year highlights the 

22           need.  Energy costs are unpredictable and 

23           difficult to budget.  I was on a meeting this 

24           morning with my staff, and in just one week 


                                                                   661

 1           the price of fuel oil for us, which we buy in 

 2           a cooperative with 78 others districts down 

 3           here on Long Island, went up 20 cents a 

 4           gallon.  Okay?  This Energy Reserve Fund 

 5           would give districts a way to address 

 6           unanticipated spikes in energy costs without 

 7           impacting programs.  

 8                  And then in the Governor's -- the 

 9           Executive Budget proposal includes language 

10           that would allow the Environmental Facilities 

11           Corporation to offer public schools district 

12           financing for wastewater and stormwater 

13           infrastructure projects.  Access to this 

14           program would help us address what are quite 

15           frankly needed but not glamorous and exciting 

16           needs.  

17                  So, you know, having a dedicated -- 

18           having a line of funding outside of our 

19           budget where -- people don't get excited over 

20           drainage projects, I can assure you of that.  

21                  I know it has been a long day, so I'm 

22           going to conclude there, and if you have any 

23           other questions I will address them at the 

24           end. 


                                                                   662

 1                  SENATOR MAYER:  Mr. Vallone.

 2                  MR. VALLONE:  I want to thank all the 

 3           members of the joint committee for allowing 

 4           us the opportunity to speak today.  My name 

 5           is Nicholas Vallone.  I'm the president of 

 6           the New York School Bus Contractors 

 7           Association and executive vice president of 

 8           Rolling V Bus Corp.  

 9                  We represent over 200 private pupil 

10           transportation companies transporting half of 

11           New York's students.  We employ approximately 

12           55,000 New Yorkers operating over 

13           30,000 school vehicles.  School buses are and 

14           always have been the safest way for children 

15           to travel to and from school.  

16                  We applaud the Governor and the 

17           Legislature for your recognition of the 

18           extreme crisis we are in with the school bus 

19           driver shortage.  We strongly support the 

20           Governor's plan to roll out third-party CDL 

21           testing and stand ready, willing and able to 

22           be a helpful partner in the implementation. 

23           This is one initiative that will have the 

24           greatest as well as longest-lasting impact. 


                                                                   663

 1           We are certain that third-party testing is a 

 2           significant adjustment that will help solve 

 3           our issue here in New York.  

 4                  Next I would like to speak on the 

 5           excessive financial burden in regards to the 

 6           quarantine expense of 2021.  We estimate that 

 7           we have paid over $20 million to employees to 

 8           quarantine to keep our workplace and our 

 9           students safe.  This continues to be a 

10           tremendous financial burden to our industry 

11           and an expense for which we are not 

12           reimbursed.  We are asking for your support 

13           to allow traditional reimbursement of these 

14           funds that went 100 percent towards the 

15           health and safety of our students. 

16                  Next, we applaud Governor Hochul, the 

17           Senate and the Assembly for proposing to 

18           electrify New York's school bus fleet.  Many 

19           of our members are at the forefront of that 

20           movement, already running electric school 

21           buses throughout the state.  Despite the 

22           significant advantages of electric school 

23           buses, the up-front cost has emerged as the 

24           greatest obstacle to their adoption.  


                                                                   664

 1                  New electric buses can cost three 

 2           times that of a traditional clean diesel bus, 

 3           and that is before considering infrastructure 

 4           costs.  Not only can operators not afford 

 5           these vehicles, but these vehicles are also 

 6           yet to be proven reliable in all operating 

 7           environments here in New York State.  

 8                  One effective way to speed up the 

 9           conversion to an electric fleet is by 

10           eliminating the sales tax associated with the 

11           purchase of new equipment.  The cost is 

12           currently passed along from the contractor to 

13           the school district, then to New York State, 

14           essentially paying its own imposed tax.  In 

15           addition, we strongly suggest the creation of 

16           a green ribbon panel to examine and research 

17           our actual experience in running electric 

18           school buses here in New York.  

19                  Nevertheless, none of this will be 

20           possible without a change to Education Law 

21           Section 305 that speaks to pupil 

22           transportation contract modification.  

23           Current law does not allow for contract 

24           modification or amendment if such amendment 


                                                                   665

 1           causes additional cost to the state, 

 2           locality, or school district.  Therefore, 

 3           current law does not permit contract 

 4           modification related to wages, related to 

 5           compliance or related to electrification. 

 6                  Lastly, we appreciate the Executive 

 7           Budget proposal includes $400,000 for the 

 8           continued funding of the State Education 

 9           Department's school bus driver safety 

10           training program.  We'd also ask that 

11           additional funding be made available to SED's 

12           pupil transportation department so that this 

13           office may be properly staffed in order to 

14           accommodate the changes coming to our 

15           industry. 

16                  Again, I thank you for the opportunity 

17           to speak here today, and I look forward to 

18           answering your questions. 

19                  CHAIRWOMAN WEINSTEIN:  Thank you.  We 

20           go to Assemblywoman Jean-Pierre, chair of the 

21           Libraries Committee. 

22                  ASSEMBLYWOMAN JEAN-PIERRE:  Good 

23           evening, and nice to see you again, Nick. 

24                  MR. VALLONE:  You as well. 


                                                                   666

 1                  ASSEMBLYWOMAN JEAN-PIERRE:  I want to 

 2           first thank you and all of your members who 

 3           have committed their time during the 

 4           pandemic, the height of the pandemic.  And I 

 5           know that there is a bus shortage -- a bus 

 6           driver shortage, and we are paving our way, 

 7           which -- I know that we spoke before and 

 8           you're trying -- we're trying to see how we 

 9           can get those jobs out into the communities 

10           so we can get more drivers.  

11                  But if you can speak to where you 

12           stand with outstanding reimbursements that 

13           are owed to bus companies from the state, if 

14           any, and also how we can better assist with 

15           recruiting efforts to the workforce.  Because 

16           I remember we talked about how during the 

17           pandemic the drivers were still working and 

18           you were paying them, so -- and you have not 

19           been reimbursed. 

20                  MR. VALLONE:  So on outstanding 

21           reimbursement, that's not related to my 

22           point.  And my testimony would be I believe 

23           you are referring to the fact that the state 

24           did not reimburse school districts and made 


                                                                   667

 1           an announcement, rather, that they would not 

 2           reimburse school districts for transportation 

 3           that did not occur after May of 2020.

 4                  ASSEMBLYWOMAN JEAN-PIERRE:  Correct.

 5                  MR. VALLONE:  Yeah.  So, you know, 

 6           those situations certainly did exist.  We are 

 7           far beyond them.  We certainly would like to 

 8           see that situation rectified.  And, you know, 

 9           I believe we are the only state in the nation 

10           that took that position.  

11                  ASSEMBLYWOMAN JEAN-PIERRE:  Thank you.  

12                  MR. VALLONE:  And as far as getting 

13           these jobs out into the community, I'll bring 

14           it back to third-party testing.  Right now, 

15           if you want to be a commercial driver in the 

16           State of New York, there is one sole 

17           gatekeeper, that being the DMV.  And we love 

18           our colleagues at the DMV, and they've done a 

19           phenomenal job.  But the expansion of 

20           opportunity in allowing individuals like 

21           myself and my colleagues and BOCES and driver 

22           training schools to make that situation more 

23           approachable and more accessible for more 

24           individuals, we truly believe that is 


                                                                   668

 1           necessary to compete in this workforce when 

 2           there are so many other opportunities for 

 3           folks to go to work. 

 4                  ASSEMBLYWOMAN JEAN-PIERRE:  

 5           Interesting.  Okay, thank you. 

 6                  CHAIRWOMAN KRUEGER:  Senator Shelley 

 7           Mayer.  

 8                  SENATOR MAYER:  Yes.  Very briefly.  

 9           And thank you for your perseverance for 

10           making it through today.  

11                  But Fred, I just wondered -- you know, 

12           one thing you don't mention here and I 

13           haven't seen much about is any incentives to 

14           encourage schools to install solar.  What has 

15           been your experience with whether schools are 

16           interested?  And if they're not interested, 

17           why not? 

18                  MR. KOELBEL:  Well, I have 48 kW on my 

19           elementary school in my district, and I have 

20           another -- 

21                  (Zoom interruption.)  

22                  MR. KOELBEL:  -- on the maintenance 

23           building in my district.  Both were installed 

24           through our grants in the early '90s or when 


                                                                   669

 1           we had had that funding.  

 2                  One of the problems with the schools 

 3           is the cost of solar.  While it is coming 

 4           down, it doesn't necessarily pay for itself 

 5           for the school because we don't get to take 

 6           advantage of the tax credits.  You know, in 

 7           many areas that's what makes it affordable 

 8           for individuals.  But when it comes to 

 9           schools, we don't get the advantage of those.  

10           So as recently as two years ago we were 

11           looking at doing it as part of a performance 

12           contract, and it's difficult to make that 

13           work. 

14                  SENATOR MAYER:  Okay.  I hear you.  I 

15           think that's a conversation we should have 

16           and figure out a better way to do it.  I'm 

17           not sure the finances haven't changed in the 

18           last two years.  

19                  But that being said, Nick, thank you 

20           for your people really hanging in there 

21           during a very tough period of time.  I know 

22           we worked hard to make sure some of these 

23           issues got resolved.  What is the starting 

24           salary -- first, I'm very, very supportive of 


                                                                   670

 1           the third-party testing as a method of 

 2           increasing drivers.  What is the starting 

 3           salary for a school bus driver?  For example, 

 4           you're in the Catskill region.  Is it minimum 

 5           wage? 

 6                  MR. VALLONE:  No, Senator.  And that's 

 7           a really difficult question to answer aside 

 8           from an individual, say, hourly rate.  It 

 9           ties more to a -- it's not only an hourly 

10           rate but a guarantee of hours per day and a 

11           guarantee of days per year. 

12                  As you know, schools operate for 

13           180 days, but often drivers are paid for 

14           upwards of 200 days-plus, excluding their 

15           option to drive in the summertime.  So it's a 

16           really, really tough question to answer, but 

17           it's far from minimum wage. 

18                  SENATOR MAYER:  So on balance, though, 

19           starting drivers are being paid what, $20 an 

20           hour?  I mean, just give me a ballpark.  

21           Because, you know, one of the reasons I think 

22           we don't have enough is that traditionally we 

23           haven't paid enough. 

24                  MR. VALLONE:  Well, it's a fair point.  


                                                                   671

 1           And yes, I will say that it's anywhere -- I 

 2           mean, New York is vast -- anywhere from 18 to 

 3           25 starting, and as high in some places as 

 4           35.  Right?  

 5                  But what I will say to your point is 

 6           that in looking at those different regions 

 7           and looking at those areas with those 

 8           different pay scales, the problem that we 

 9           face is identical. 

10                  SENATOR MAYER:  Okay.  Thank you very 

11           much.  Appreciate it. 

12                  MR. VALLONE:  Thank you.  

13                  CHAIRWOMAN WEINSTEIN:  We go now to 

14           the Assembly chair of Education, Mike 

15           Benedetto. 

16                  ASSEMBLYMAN BENEDETTO:  Yeah, I just 

17           felt compelled just to say thank you to both 

18           of you men for your -- for who you represent 

19           and how you have done and how dedicated you 

20           have been either providing for the facilities 

21           and getting our kids safely to school, and 

22           just also for your endurance being here all 

23           day long, if that's what you were doing, 

24           waiting for your time.  You should be 


                                                                   672

 1           complimented.  The people you represent 

 2           should be complimented.  

 3                  And know we think highly of you and 

 4           what you guys have done.  Thank you for being 

 5           there in our time of need.  

 6                  Have a good night. 

 7                  MR. VALLONE:  We appreciate that, 

 8           Assemblyman.  And I will be absolutely sure 

 9           to share that message with our drivers and 

10           matron staffs, because they are the real 

11           heroes here. 

12                  CHAIRWOMAN WEINSTEIN:  Thank you. 

13                  We are going to move on to the next 

14           panel. 

15                  CHAIRWOMAN KRUEGER:  No, you have 

16           Jo Anne Simon, who has popped up with her 

17           hand. 

18                  CHAIRWOMAN WEINSTEIN:  Okay.  Jo Anne 

19           Simon. 

20                  ASSEMBLYWOMAN SIMON:  It's not really 

21           a question. 

22                  Mr. Koelbel, I just want to follow up 

23           with you.  Maybe I can give your office a 

24           call, because I have a kind of very nerd 


                                                                   673

 1           question that I would like to ask and I don't 

 2           want to take up all of the time of everybody 

 3           else.  But I just wanted to say that.  So 

 4           I'll speak to you soon, I hope.  

 5                  MR. KOELBEL:  All right.  Thank you.  

 6                  ASSEMBLYWOMAN SIMON:  Thank you.  

 7                  CHAIRWOMAN WEINSTEIN:  Okay.  So now 

 8           the next panel.  For those of you following, 

 9           it is Panel K.  Even though I and J comes 

10           afterwards, which probably isn't the best 

11           thing on the Education hearing.

12                  (Laughter.)

13                  CHAIRWOMAN WEINSTEIN:  However, the 

14           panels were moved around, and the alphabet 

15           didn't change.  

16                  So Panel K is BOCES of New York State, 

17           Dan White, legislative chair; Rural Schools 

18           Association of New York, David Little, 

19           executive director; Neighbors of the Onondaga 

20           Nation, Andy Mager, organizer. 

21                  And if Dan White could start. 

22                  MR. WHITE:  I will.  Thank you very 

23           much, and I appreciate your persistence now 

24           that you're working on well over 11 hours.  I 


                                                                   674

 1           appreciate you sticking with us. 

 2                  I'm Dan White, district 

 3           superintendent, Monroe 1 BOCES, here 

 4           representing the 37 BOCES in New York State 

 5           and the 700 school districts we serve.  You 

 6           have our written testimony, so I will be 

 7           very, very brief.  

 8                  I want to hit on two important points 

 9           of this.  We have heard a lot this morning, 

10           this afternoon, and this evening on 

11           increasing state support for current 

12           technical education.  It is a proposal that 

13           we have talked with you about before, you 

14           supported it in both houses.  We are asking 

15           for that support again, and that is the 

16           increase of the CTE aidability for BOCES and 

17           also for special services aid for the 

18           Big 5.  

19                  We have a critical pipeline of future 

20           employees that we need to develop for many 

21           sectors of our economy.  I know you all know 

22           that.  And we believe strongly that every 

23           child in New York State should have access to 

24           quality CTE programs so they can participate 


                                                                   675

 1           in the opportunities that exist in this 

 2           economy.  So we thank you for your support in 

 3           the past, and we will ask you for your 

 4           support moving forward.  As you know, that 

 5           was not in the Executive Budget.  

 6                  The second point I want to hit on is 

 7           support to promote access to mental health 

 8           services.  As you know, the need for mental 

 9           health and behavioral health services 

10           predates the pandemic, but the need is now 

11           greater more than ever, and you heard that 

12           quite a bit today.  

13                  BOCES supports over 100,000 students 

14           in New York State, some of which have some of 

15           the greatest social and emotional 

16           developmental needs of kids in our region, 

17           yet we were not made eligible for the grants 

18           in the Executive Budget around mental health.  

19           That compounds the issue, because we were 

20           also not eligible for ARP funds with some of 

21           the federal monies.  

22                  And we would ask you to consider, if 

23           those things move forward in the budget, to 

24           make BOCES eligible as well, as we serve, 


                                                                   676

 1           again, some of the neediest children in our 

 2           region.  

 3                  That being said, grants go away, as we 

 4           know.  Federal funds are going to go away.  

 5           And I think there is time to have a concerted 

 6           discussion about access to mental health 

 7           services in our schools and our communities 

 8           everywhere in this state.  We would welcome 

 9           participating in that discussion.  How can we 

10           develop consistent funding streams for 

11           schools and agencies, and how can we develop 

12           a consistent pool of professionals that can 

13           serve our community?  So we will be willing 

14           and able to participate in that discussion.  

15                  We have other things in our budgetary 

16           language that we submitted to you, but I'm 

17           going to stop and step aside so you can 

18           invite in other panelists. 

19                  Thank you for the time. 

20                  CHAIRWOMAN WEINSTEIN:  Can we move on 

21           now to David Little. 

22                  MR. LITTLE:  Thank you, Chairwoman.  

23                  Thank you, everybody, for hanging in 

24           there for this long.  I know exactly how 


                                                                   677

 1           tough it's been because I did it too, since 

 2           9:30 this morning, watching, and I appreciate 

 3           it.  

 4                  Also, obviously, I appreciate the 

 5           effort that all of you have made, along with 

 6           the Executive, in reshaping the entire 

 7           discussion around public education.  We 

 8           aren't talking about the total so much this 

 9           year, for the first time.  

10                  We also -- I'm thrilled to not be 

11           talking about how we will have to horse-trade 

12           untoward proposals that would shift costs 

13           onto local districts in order to get at the 

14           real discussion that's underway.  This is for 

15           the first time in my memory -- and that's 

16           38 years involved in this, either in the 

17           Legislature itself or as part of this 

18           process -- that we haven't had to try and 

19           figure out how to buy back savings that have 

20           been passed on to local city school 

21           districts.  It's a refreshing approach.  And 

22           truly, for both of those things, we're are 

23           very grateful.  

24                  But there's a -- what can no longer be 


                                                                   678

 1           considered an unintended consequence in this 

 2           procedure we're going through, in the second 

 3           of three years of fully funding Foundation 

 4           Aid, and that is the practical implication of 

 5           all this is that much of this funding is 

 6           going to our wealthier districts, because 

 7           they're the last to be fully funded because 

 8           our neediest districts in many cases were the 

 9           first to be fully funded when we started to 

10           restore the money taken with the Gap 

11           Elimination Adjustment.  

12                  So we now find ourselves in the 

13           circumstance that the vast majority of 

14           high-need districts, certainly most of our 

15           rural districts -- and that's 370, virtually 

16           half of the school districts in the state, 

17           and a third of the students -- are receiving 

18           a less than inflationary increase.  

19                  The purchasing power of half of our 

20           districts is going to decline because we now 

21           have either a 2 or a 3 percent increase, 

22           respectively, for all of those districts held 

23           on save harmless.  Forty-two percent of our 

24           districts are not under the current formula, 


                                                                   679

 1           and the ones that are under the current 

 2           formula are operating under a formula that's 

 3           now over a decade old, and certainly the 

 4           needs of our children haven't remained 

 5           constant over that time period. 

 6                  All of this begs the question of what 

 7           we're going to do after full funding.  Are we 

 8           simply going to add an inflationary increase 

 9           and add more or less money per year, 

10           depending on what the state's finances are?  

11           Or are we going to take the time and effort 

12           needed to cost out what it costs in 2022 and 

13           beyond to provide the state's 

14           constitutionally required education to all of 

15           its children?  We haven't undertaken that 

16           exercise in probably 15, 17 years.  

17                  And so to ignore that now, to know 

18           that we have many more English language 

19           learners, we've got a phenomenally increased 

20           degree of student mental health needs, we've 

21           got tremendously increased student poverty -- 

22           and yet our formula doesn't adjust for that 

23           at all.  

24                  You know, particularly for our rural 


                                                                   680

 1           schools, while everyone's had a tough time 

 2           during the pandemic, the impact on rural 

 3           children has been the equivalent of solitary 

 4           confinement.  When you can't be transported 

 5           and your parents have the car and you don't 

 6           have internet access, you're by yourself. And 

 7           we know what the emotional and psychological 

 8           impact of that is when we do that to people, 

 9           and that's what's happened.  

10                  And so we've got learning loss, we've 

11           got social and emotional retardation among 

12           our students, and we have to address those 

13           things.  And we have no plan for that within 

14           our existing formula.  

15                  You know, I attended Senator Mayer's 

16           public forum about what to do about 

17           Foundation Aid, and I heard the same remarks 

18           every time I went to one of them.  We had 

19           urban education advocates who were rightly 

20           asking for full funding of Foundation Aid, 

21           but their mantra was "How do you know a 

22           formula's broken until you fully fund it?"  

23                  Well, you know because it's a 

24           mathematical formula with predictive value.  


                                                                   681

 1           Right?  We knew exactly what would happen 

 2           when we fully funded this.  And so we have to 

 3           take responsibility for also knowing how many 

 4           of our children are not being helped in this 

 5           circumstance. 

 6                  So I would simply say, with the 

 7           $5 billion --

 8                  CHAIRWOMAN WEINSTEIN:  David, I'm 

 9           given you a little leeway with the time, if 

10           you could just sum up.  The time has expired. 

11                  MR. LITTLE:  Yeah, this actually was 

12           my last comment.  Thanks, Chair. 

13                  Simply, there's 2 billion in 

14           discretionary money within the budget, 

15           there's 5 billion set aside for us to put to 

16           a Rainy Day Fund in the middle of a crisis.  

17           And I would certainly urge the Legislature to 

18           try and fight for funding so that those 

19           districts that are at the 3 percent increase 

20           when inflation is greater than that not come 

21           out of this thing worse off than they were 

22           going into it, while many of our wealthier 

23           communities are getting an extreme level of 

24           support.  


                                                                   682

 1                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 2                  And lastly in this panel, Neighbors of 

 3           the Onondaga Nation.

 4                  MR. MAGER:  Great.  Thank you very 

 5           much.  

 6                  My name is Andy Mager.  I represent 

 7           Neighbors of the Onondaga Nation, a project 

 8           of the Syracuse Peace Council.  We're a 

 9           community organization of non-indigenous 

10           people here in Central New York who have 

11           worked in solidarity with the Onondaga people 

12           for over two decades to protect our shared 

13           environment and build a sustainable future 

14           based on justice for all who live in our 

15           region. 

16                  I come before you to urge increased 

17           support for three indigenous schools on 

18           indigenous territories which have been 

19           consistently underfunded by New York State 

20           for decades.  My written testimony lays out 

21           the factual information, so I'll talk more 

22           personally here.  

23                  My concern about the terrible harm we 

24           have carried out against indigenous peoples 


                                                                   683

 1           was born in my U.S. history class at Oyster 

 2           Bay High School on Long Island.  My teacher, 

 3           Mr. Vandermeer, supplemented the regular 

 4           curriculum by having us read Bury My Heart at 

 5           Wounded Knee, the powerful story about the 

 6           nearly successful effort to destroy the 

 7           indigenous peoples of the American West.  

 8                  When I moved to Syracuse 40 years ago, 

 9           I realized that I could be part of the 

10           solution, working with the Onondaga people to 

11           make amends for the legacy of violence and 

12           displacement imposed upon them by New York 

13           State and the United States.  

14                  I have had the privilege of attending 

15           a variety of events at the Onondaga Nation 

16           School, a facility which embodies the future 

17           of their nation.  Filled with cultural 

18           imagery, language learning, and community 

19           spirit, the Onondaga are rightly very proud 

20           of their school. 

21                  But this school, like the Tuscarora 

22           Nation School in Western New York and the 

23           St. Regis Mohawk School in Northern New York, 

24           is desperately in need of major renovations, 


                                                                   684

 1           systems repair, and expansion.  And I'll 

 2           note, following the previous speakers, that 

 3           these are all three rural schools.  It's long 

 4           past time for New York State to remedy this 

 5           situation.  

 6                  Our ancestors signed treaties with the 

 7           Haudenosaunee.  Unfortunately, these treaties 

 8           have been repeatedly ignored and broken.  

 9           This history includes the illegal taking of 

10           land, denigration of cultural and religious 

11           practices, unfair treatment in the courts, 

12           and the appalling boarding school era -- 

13           fortunately, all of which indigenous 

14           communities have survived.  

15                  Governor Hochul's budget makes a good 

16           start, providing over half of what the 

17           superintendents of these districts have 

18           requested to bring the schools to parity.  We 

19           owe a huge debt to the first peoples of 

20           New York State.  The 60 million for these 

21           three schools is a small down payment on our 

22           road to justice. 

23                  I'm happy to take questions and engage 

24           in further discussion.  Thank you. 


                                                                   685

 1                  CHAIRWOMAN KRUEGER:  Thank you.  

 2                  CHAIRWOMAN WEINSTEIN:  We have 

 3           Assemblyman Ra.  

 4                  ASSEMBLYMAN RA:  Yes.  Thank you, 

 5           Chair.  

 6                  Mr. White, I just wanted to quickly 

 7           get into -- you know, you talked about the, 

 8           you know, the current structure with CTE and 

 9           the $30,000 and phasing in an increase over 

10           three years for the aidable salary.  

11                  A few years ago, myself and colleagues 

12           in our conference did roundtables around the 

13           state regarding something we called the 

14           Learn for Work Initiative, and we talked to 

15           BOCES in all of the regions of the state.  

16           And certainly this was a concern that every 

17           student that maybe is appropriate to be 

18           placed in one of the programs doesn't, 

19           because it becomes a little bit of a 

20           bean-counting exercise to the school.  And I 

21           think ideally we'd be in a situation that a 

22           kid who is going to benefit from going to 

23           BOCES is going to get the opportunity, and it 

24           really is an equity issue for students 


                                                                   686

 1           throughout the state.  

 2                  So certainly I think that is, you 

 3           know, a good solution within the current 

 4           construct.  But do you think we ought to be 

 5           looking at maybe really rethinking the way we 

 6           fund BOCES, to make sure that it truly is -- 

 7           the resources are there so that a student who 

 8           will benefit from it can go there?  

 9                  MR. WHITE:  I think this is -- this 

10           proposal -- and thank you for those comments.  

11           I think this proposal is a very good start.  

12                  As you know, BOCES do not levy taxes, 

13           we do not receive state aid, and we can 

14           function in our current system.  The 

15           aidability, particular for CTE, has not been 

16           addressed in over 30 years.  So each year a 

17           school district sends a student, they're 

18           picking up a greater local share which will 

19           lead to some of the things that you described 

20           previously.  So we think this is a huge step 

21           to do that.  

22                  I think there are opportunities to 

23           look at how we can increase greater access to 

24           BOCES' current technical education programs 


                                                                   687

 1           and other things, as well as the Big 5.  An 

 2           increase in Special Services Aid would really 

 3           help.  

 4                  I remember you coming around the state 

 5           to do that.  And there are tremendous 

 6           opportunities for children in this economy, 

 7           and it is a shame when not every kid in every 

 8           community can have quality access to programs 

 9           to really fully participate in the economy.  

10           And it's an access equity issue, as you 

11           described.  And we think this is a big step 

12           in the right direction to be able to provide 

13           greater equity there. 

14                  ASSEMBLYMAN RA:  Yes, and I think 

15           certainly on the career side and also on the 

16           educational side, when we have gone out of 

17           our way to create educational diploma 

18           pathways through a CTE option and that class 

19           is not available to a student in a certain 

20           district, then that avenue really isn't open 

21           to them.  So thank you. 

22                  CHAIRWOMAN WEINSTEIN:  Senate, do you 

23           have -- I don't think you have anybody? 

24                  CHAIRWOMAN KRUEGER:  We don't have any 


                                                                   688

 1           hands up. 

 2                  I do want to just point out to 

 3           Mr. Mager that the issue of the three Native 

 4           American schools' funding showed up this 

 5           morning, and my two colleagues from Syracuse, 

 6           Rachel May and John Mannion, raised the issue 

 7           of real concern for the Onondaga School in 

 8           particular.  And we sort of match-made them 

 9           with the Regents and Betty Rosa, who was 

10           going to follow up on this with them.  So you 

11           might want to double-check with them as well.  

12                  MR. MAGER:  Okay.  Thank you very 

13           much.  Yes, we have been in touch with -- 

14           particularly Senator May's office.  Yeah.

15                  CHAIRWOMAN KRUEGER:  Great.  Thank 

16           you. 

17                  CHAIRWOMAN WEINSTEIN:  So I think 

18           then we are -- this panel is -- going to say 

19           goodbye.  

20                  CHAIRWOMAN KRUEGER:  Thank you very 

21           much. 

22                  CHAIRWOMAN WEINSTEIN:  Thank you all 

23           for being here. 

24                  MR. MAGER:  Hope you are not here too 


                                                                   689

 1           much longer. 

 2                  MR. LITTLE:  Thanks, folks.

 3                  CHAIRWOMAN WEINSTEIN:  We're getting 

 4           near the end.  

 5                  We're going to bring in Panel I:  

 6           New York State Catholic Conference, James 

 7           Cultrara, director of education; Agudath 

 8           Israel, Avrohom Weinstock, chief of staff.

 9                  And Jim, if you want to lead us off.

10                  MR. CULTRARA:  Good evening.  And we 

11           are very grateful to you for inviting our 

12           comments on the Executive Budget.  Good to 

13           see you all.  And I wish we could actually be 

14           in person, but still good to see you. 

15                  We are also -- I should say more so -- 

16           grateful for your ongoing support of the 

17           several programs that benefit the students, 

18           teachers, families of the state's religious 

19           and independent schools.  Those programs go a 

20           long way to providing assistance for our 

21           teachers and our kids.  More is needed, but 

22           let me comment specifically on the 

23           Executive Budget proposal.  

24                  Two programs in particular, of which 


                                                                   690

 1           the Governor increases significantly the 

 2           non-public safety equipment from $15 million 

 3           to $45 million -- a generous increase.  We've 

 4           got great needs in this program, and the 

 5           Governor recognizes that by allowing for the 

 6           first time to -- schools can use those funds 

 7           now to remediate hazardous conditions and to 

 8           take care of critical capital needs in 

 9           maintaining our facilities. 

10                  For too long, too many of our schools, 

11           Catholic schools, have had to close because 

12           they couldn't raise the funds needed to 

13           maintain their facilities.  So finally we 

14           have access to those funds.  Likewise, the 

15           Governor provides a generous increase in the 

16           STEM program from 40 to 55.  It is a very 

17           popular program that you created, for which 

18           we are grateful -- popular enough that 

19           applications are coming in at $100 million. 

20           So the appropriation is just halfway there. 

21                  We are hoping that under both programs 

22           the Legislature -- which you created these 

23           programs to our benefit -- we hope that you 

24           add to your support for these programs.  


                                                                   691

 1                  One program that the Governor did not 

 2           provide funding for that's been there since 

 3           1985, and that is the immunization 

 4           reimbursement program that reimburses our 

 5           schools located in the cities of Buffalo, 

 6           Rochester, and New York City, for the costs 

 7           of those schools and their principals in 

 8           complying with the State Health Department's 

 9           immunization program.

10                  Again, since 1985 there was funding, 

11           and you and your colleagues increased that 

12           funding a number of years ago.  Since that 

13           increase, though, it's never been advanced in 

14           an Executive Budget, and you have had to 

15           restore those funds, which we hope you will 

16           do once again. 

17                  Finally, while these programs that I 

18           have highlighted do provide direct -- excuse 

19           me, indirect support to parents and the 

20           education costs that they face, our parents 

21           still need help with the direct costs of 

22           their children's education.  And my 

23           colleague, Avrohom Weinstock, if he has time, 

24           will talk about how 529 plans can provide 


                                                                   692

 1           some of that help. 

 2                  Thank you, and I look forward to any 

 3           questions. 

 4                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 5                  Now, Avrohom Weinstock.

 6                  MR. WEINSTOCK:  Sure.  Good evening, 

 7           chairs and members of the committee.  I am 

 8           certainly appreciative of your time at this 

 9           late hour.  Thank you for being here. 

10                  My name is Avrohom Weinstock, and I am 

11           testifying on behalf of Agudath Israel of 

12           America, which advocates for and serves 

13           162,000 Jewish non-public schools to children 

14           across New York State.  Education occupies a 

15           central place in Judaism and is viewed not 

16           simply as a means of attaining a job, but as 

17           a medium with which to transmit a cherished 

18           set of values.

19                  As you know, at approximately $26,000 

20           to educate each public school pupil, 

21           New York's 383,000 non-public school students 

22           save taxpayers nearly $10 billion annually.  

23           Put another way, while there is much to be 

24           thankful for in the Executive Budget, 


                                                                   693

 1           14 percent of children still receive just 

 2           0.96 percent of the total education budget.  

 3                  Each child and each community is 

 4           different.  Nonpublic schools stand for the 

 5           simple notion that parents should be able to 

 6           offer the environment they believe will work 

 7           best for their child.  With the above in 

 8           mind, and with budget projections firmly 

 9           positive through 2027, now is the time for 

10           bold action to ensure that all schools can 

11           best educate our children in a safe 

12           environment. 

13                  With that, I will focus on a few areas 

14           of acute need.  Jersey City, Muncie, 

15           Pittsburgh, Poway, Brighton, and now 

16           Colleyville -- a growing number of cities 

17           have gained notoriety for being the sites of 

18           antisemitic violence at a Jewish school, 

19           community center or house of worship.  Asking 

20           for security funding to prevent something we 

21           hope will never occur is not the type of ask 

22           I want to make, but for the sake of our 

23           children, it is the one I need to make. 

24                  The proposed Executive Budget includes 


                                                                   694

 1           a nonpublic school safety equipment increase, 

 2           which my colleague Jim just mentioned, from 

 3           15 to 45 million, and expands its list of 

 4           allowable uses.  Agudath Israel respectfully 

 5           requests, given the current unfortunate 

 6           reality, that the Legislature approve an 

 7           increase of at least this much in the enacted 

 8           budget. 

 9                  We also support the proposed increases 

10           in STEM in the Executive Budget and making 

11           schools whole for medical recordkeeping 

12           performed, as my colleague just mentioned. 

13                  Personally, I could say that I 

14           benefited from a rigorous, multi-linguistic, 

15           dual-curriculum yeshiva education.  Agudath 

16           Israel encourages a substantial equivalency 

17           solution that fully respects the rigor, 

18           diversity and autonomy of Jewish schools.  

19                  And with this I'll close.  Now, today 

20           I could say that I could save for the college 

21           education of my second-grade daughter in a 

22           529 account.  But will she be admitted to the 

23           college of her choice?  

24                  The proposal -- High Fives, as we call 


                                                                   695

 1           it -- is to allow all parents, public and 

 2           non-public, access to their 529 account for 

 3           broad high school educational expenses, be it 

 4           an SAT prep tutor, you know, a course -- 

 5           whatever it might be -- tuition.  Note that 

 6           the IRS and many states already allow this 

 7           for K-12.  

 8                  With that, I'll thank you for 

 9           partnering with us to enhance the education, 

10           diversity and security of New York's children 

11           wherever they may best learn. 

12                  CHAIRWOMAN WEINSTEIN:  Thank you.  

13                  So I don't know if we are too tired, 

14           or you were just both really concise in your 

15           remarks.  I think it is combination of both. 

16           But you're both people that we -- 

17           representing organizations that we've dealt 

18           with over the years, and we're very much 

19           appreciative of the work you do for the 

20           non-public schoolchildren, 400,000-plus 

21           non-public schoolchildren in our state. 

22                  So I think -- we thank you for being 

23           here.  And we move on --

24                  MR. CULTRARA:  Thank you, and thank 


                                                                   696

 1           you for your support.

 2                  MR. WEINSTOCK:  Thank you.  

 3                  SENATOR MAYER:  Thank you.  Thank you 

 4           both. 

 5                  CHAIRWOMAN WEINSTEIN:  And again, we 

 6           will move on to the final panel, which the 

 7           final panel has become a panel of one because 

 8           Mr. Thomas was in flight -- so it was going 

 9           to be in flight, so he couldn't make the 

10           hearing.  

11                  So we have our last witness for the 

12           hearing:  Advanced Energy Economy, Ryan 

13           Gallentine, director.

14                  Ryan, feel free to begin. 

15                  MR. GALLENTINE:  Thank you.  All 

16           right, you guys made it from this morning.  

17           It's a marathon here.  I assume I am the 

18           headline act here in the last spot.  

19                  Yes, thank you for this opportunity to 

20           testify on the proposed budget on behalf of 

21           Advanced Energy Economy.  My name is Ryan 

22           Gallentine.  I am the policy director for 

23           Electrifying Transportation at AEE.  We are a 

24           national association of businesses working to 


                                                                   697

 1           accelerate the move to 100 percent clean 

 2           energy and electrify transportation in 

 3           New York and the United States.  Our 

 4           membership includes companies that build 

 5           electric school buses, charging 

 6           infrastructure providers, and fleet 

 7           operators.  

 8                  My comments this evening will focus on 

 9           the Governor's proposal to electrify the 

10           state's roughly 46,000-vehicle school bus 

11           fleet.

12                  AEE supports the Governor's proposal 

13           to achieve 100 percent electric school buses 

14           in New York by 2035.  Electric school buses 

15           carry enormous potential economic, climate 

16           and health benefits, especially for our most 

17           vulnerable citizens, which I outline in 

18           detail in my written testimony. 

19                  So we are asking the Legislature to 

20           accept portions of Part B and modify others.  

21           But by enacting Part B, New York would be one 

22           of the first states to provide dedicated 

23           transportation aid for charging 

24           infrastructure and the electricity associated 


                                                                   698

 1           with charging these electric school buses.  

 2           This section should be adopted.  

 3                  And moving on to amendments, as you 

 4           work to hammer out the details of the school 

 5           bus program within the budget, I am offering 

 6           the following four suggestions for you to 

 7           consider.  

 8                  Number one, ensure schools have 

 9           immediate access to robust incentives.  The 

10           federal Infrastructure Investment and Jobs 

11           Act and the State Bond Act money may 

12           eventually help fund incentives for electric 

13           school buses, but the timing for those 

14           funding streams' availability is not clear, 

15           especially if school districts are to start 

16           purchasing electric school buses to meet the 

17           Governor's 2025 target.  Those school 

18           districts need to have access to those 

19           incentives now.  

20                  A state appropriation of at least one 

21           year of incentive funding will ensure that 

22           the funds are available immediately.  They 

23           can be replenished on a supplemental basis 

24           once other funding streams are secured.  You 


                                                                   699

 1           might also consider making multiyear 

 2           transportation funding programs available for 

 3           schools now to help cover the higher up-front 

 4           purchase price of electric vehicles, which 

 5           has been discussed in previous panels. 

 6                  Number two, prioritize incentives to 

 7           school districts most in need.  As outlined 

 8           in a bill we actively support, Senate Bill 

 9           5268, AEE recommends an incentives program 

10           that gives the most aid to school districts 

11           who are most in need of support as measured 

12           by the level of aid that a school district  

13           received in the previous fiscal year. 

14                  Number three, lease term extension. 

15           The Executive proposal increases the length 

16           of allowable procurement terms for electric 

17           school buses from five to 10 years.  This is 

18           a needed change, but increasing this option 

19           further to 15 years will allow districts even 

20           more latitude and flexibility in negotiating 

21           for favorable terms when procuring these 

22           buses.  

23                  It does not require the leases to be 

24           15 years, but it gives districts additional 


                                                                   700

 1           flexibility to make that decision at the 

 2           local level.  And longer ownership terms 

 3           enable bus operators to realize the greater 

 4           total cost of ownership parity with the 

 5           diesel buses, due to lower fuel costs and 

 6           reduced maintenance.

 7                  Finally, sales tax exemptions.  School 

 8           districts use school bus contractors as we 

 9           heard to transport their students.  We would 

10           support a sales tax exemption for the 

11           purchase of those contracted buses.  Those 

12           private contractors should receive the same 

13           incentive to transition their fleet to zero 

14           emissions, as we heard from Mr. Vallone of 

15           the School Bus Contractors Association. 

16                  So with that, I will wrap up.  Thanks 

17           for the opportunity to provide input on this, 

18           and we are supportive of these provisions. 

19                  Thank you.  

20                  CHAIRWOMAN WEINSTEIN:  All right.  I 

21           did not see any Assembly or I didn't see -- 

22           sorry. 

23                  CHAIRWOMAN KRUEGER:  A quick one.

24                  CHAIRWOMAN WEINSTEIN:  I see Senator 


                                                                   701

 1           Liu has --

 2                  SENATOR LIU:  No.  No, ma'am.  I 

 3           insist my Finance chair go first. 

 4                  CHAIRWOMAN KRUEGER:  I will be quick. 

 5                  SENATOR LIU:  Don't be quick.  I am 

 6           sorry, point of information.  What time did 

 7           they end last night?

 8                  CHAIRWOMAN WEINSTEIN:  We were 

 9           13 hours.  So we have 10:30 last night, so --

10                  CHAIRWOMAN KRUEGER:  We are early 

11           tonight. 

12                  CHAIRWOMAN WEINSTEIN:  We are going to 

13           beat last night's meeting.  We are shorter 

14           than last night. 

15                  SENATOR LIU:  Well, I may have a lot 

16           of questions. 

17                  CHAIRWOMAN KRUEGER:  No, you don't, 

18           John.

19                  CHAIRWOMAN WEINSTEIN:  No, you don't.

20                  ASSEMBLYMAN RA:  As many as you can 

21           get in in three minutes. 

22                  (Laughter.)

23                  CHAIRWOMAN WEINSTEIN:  Senator 

24           Krueger.  


                                                                   702

 1                  CHAIRWOMAN KRUEGER:  Thank you.  

 2                  So you heard the previous panelist be 

 3           concerned that there hasn't been enough 

 4           research yet into whether electric school 

 5           buses will be able to do the job.  And I am 

 6           curious whether you have explored any 

 7           studies, because there have been electric bus 

 8           lines in various places.  I don't know about 

 9           school buses. 

10                  Have you done the research to convince 

11           people that we actually are ready to move to 

12           electric buses, while we may need to do some 

13           adjustments in our laws and even some 

14           adjustments in supplements for -- if there 

15           are higher costs up front?  Because it's my 

16           understanding that the cost saved from not 

17           having to pay for diesel fuel would actually 

18           bring the cost in favor of electric over a 

19           period of time. 

20                  So I am just curious what your 

21           analysis of this is.  

22                  MR. GALLENTINE:  Yeah, it is really 

23           this classic question of CapEx versus OpEx, 

24           right?  It's a higher up-front cost that you 


                                                                   703

 1           receive over the reduced -- over the period 

 2           of time electric vehicles are, you know, 

 3           proving to achieve parity over that, as I 

 4           said, that 10-to-15-year life span of the 

 5           vehicle. 

 6                  I will say like, you know, electric 

 7           school buses have not been around for all too 

 8           many years, so it's an emerging field.  But, 

 9           you know, as my colleague Orville from Lion 

10           would have mentioned, they're running 

11           school buses in a number of different places 

12           that are not so different.  They also have 

13           their pilot project in White Plains that's 

14           running right now.  

15                  And, you know, there is a lot of 

16           opportunity here.  And I do think, from what 

17           I have heard from my members, it is less 

18           about the technology or the vehicles being 

19           able to do it, it's really about this 

20           financial hurdle and these up-front costs.  

21           Manufacturers on that 2035 timeline have told 

22           me that they are able to make that.  They are 

23           not concerned. 

24                  CHAIRWOMAN KRUEGER:  Thank you very 


                                                                   704

 1           much. 

 2                  CHAIRWOMAN WEINSTEIN:  So John Liu, 

 3           Senator Liu, did you have a question?  Or you 

 4           were just looking to draw this out? 

 5                  SENATOR LIU:  Madam Chair, I would 

 6           never do that to you, because I know you have 

 7           more hearings to run.  I only want to thank 

 8           Ryan for the information.  

 9                  I do support getting us all to 

10           electric everything as quickly as possible.  

11           The question is always, as Senator Krueger 

12           invoked, that, you know, how soon can we do 

13           this.  And how much more expensive is it now, 

14           rather than next year or the year after, 

15           because the infrastructure keeps building 

16           itself?  

17                  Anyway, that's it. You will see no 

18           filibuster here. 

19                  (Laughter.)

20                  CHAIRWOMAN WEINSTEIN:  Great.  So I 

21           want to thank all of our -- I want to thank 

22           Ryan for being our last witness and waiting. 

23                  MR. GALLENTINE:  I appreciate it.

24                  CHAIRWOMAN WEINSTEIN:  It's been long 


                                                                   705

 1           for us.  I want to thank all of the -- my 

 2           cochair, Senator Krueger, and all of the 

 3           members who have participated throughout the 

 4           day, and the public, for those of you who 

 5           have followed and been watching. 

 6                  We are going to officially end the 

 7           hearing and remind people that on Monday,  

 8           January 31st, at 11 a.m. is the Workforce 

 9           Development hearing, to be followed at 2 p.m. 

10           with the Housing hearing. 

11                  CHAIRWOMAN KRUEGER:  Or sometime in 

12           the afternoon.  We always claimed 2 p.m. for 

13           the second hearing. 

14                  CHAIRWOMAN WEINSTEIN:  Right.  And 

15           that one will go a while, too. 

16                  So thank you all.  

17                  CHAIRWOMAN KRUEGER:  Thank you.  

18                  CHAIRWOMAN WEINSTEIN:  And this 

19           officially ends today's hearing.  Thank you. 

20                  CHAIRWOMAN KRUEGER:  And thank you to 

21           all the chairs and rankers for staying all 

22           day.  Take care.

23                  (Whereupon, the budget hearing 

24           concluded at 9:20 p.m.)