Bill Text: NY A03896 | 2015-2016 | General Assembly | Introduced


Bill Title: Establishes the Collaborative Curriculum Development Fund and amends the education department's reappropriations.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2016-06-15 - held for consideration in ways and means [A03896 Detail]

Download: New_York-2015-A03896-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3896
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2015
                                      ___________
       Introduced  by M. of A. RA -- read once and referred to the Committee on
         Ways and Means
       AN ACT to amend the education law and chapter 53 of  the  laws  of  2014
         enacting  the  aid to localities budget, in relation to the collabora-
         tive curriculum development fund; and to  repeal  subdivision  6-c  of
         section 3641 of the education law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1 of chapter 53 of the laws of 2014,  enacting  the
    2  Aid to Localities Budget, is amended by repealing the items herein below
    3  set  forth  in  brackets  and  by adding to such section the other items
    4  underscored in this section.
    5                            EDUCATION DEPARTMENT
    6               AID TO LOCALITIES - REAPPROPRIATIONS   2014-15
    7  OFFICE OF PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION PROGRAM
    8    General Fund
    9    Local Assistance Account - 10000
   10  The appropriation made by chapter 53, section 1, of the laws of 2011, as
   11      amended by chapter 53, section 1, of the laws  of  2013,  is  hereby
   12      amended and reappropriated to read:
   13    For  a  school  district  management efficiency awards program.  Funds
   14      appropriated herein shall be used to provide competitive  awards  to
   15      school  districts  based on a plan developed by the commissioner and
   16      approved by the director of the budget. Provided that such funds may
   17      only be awarded to a school district which demonstrates that it  has
   18      implemented  one  or  more  long  term efficiencies within two years
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04381-01-5
       A. 3896                             2
    1      prior to a response to a request for proposal or during the  current
    2      school  year  in school district management, operations, procurement
    3      practices or other cost savings measures and will not result  in  an
    4      increase in cost to the state or the locality and: (i) have resulted
    5      or  will  result  in  a  significant  reduction  in  total operating
    6      expenses compared to the prior year and/or significant reductions in
    7      the administrative component,  or  the  equivalent,  of  the  school
    8      district  budget  and/or  transportation  operating  expenses and/or
    9      transportation capital expenses and/or  other  non-personal  service
   10      costs included in the program component of the school district budg-
   11      et  compared  to  the prior year; and (ii) are expected to result in
   12      substantial and recurring cost savings in total  operating  expenses
   13      and/or  recurring  significant reductions in administrative expendi-
   14      tures, or the equivalent, and/or transportation  operating  expenses
   15      and/or  transportation  capital  expenses  and/or other non-personal
   16      service costs included  in  the  program  component  of  the  school
   17      district  budget  in  future  years; provided further that, a school
   18      district that submits documentation that has been  approved  by  the
   19      commissioner by September 1 of 2013 and of each school year in which
   20      a  payment is made from this appropriation demonstrating that it has
   21      fully implemented new standards and procedures for conducting annual
   22      professional performance reviews of classroom teachers and  building
   23      principals  to  determine  teacher and principal effectiveness shall
   24      receive bonus points in the scoring of its grant application.
   25    Provided further that, notwithstanding any provision  of  law  to  the
   26      contrary, in addition to the competitive awards amount as defined in
   27      paragraph  ee of subdivision 1 of section 3602 of the education law,
   28      a minimum of $37,500,000 shall be available for the payment of grant
   29      awards made in the 2013-14 school year, with additional  amounts  to
   30      be  made  available in the 2014-15 state fiscal year as necessary to
   31      continue such awards and make an additional round of awards pursuant
   32      to subdivision 6-a of section 3641  of  the  education  law  in  the
   33      2014-15  school year not to exceed the amount awarded in the 2013-14
   34      school year pursuant to such subdivision 6-a, and  such  $37,500,000
   35      shall  be  made available for $12,500,000 of prekindergarten grants,
   36      $10,000,000 of school-wide extended learning grants,  $7,500,000  of
   37      community  schools  grants,  $5,500,000 for a master teacher program
   38      and $2,000,000 for the early college high school program;  provided,
   39      however,  that  no  school district shall receive any portion of the
   40      funds appropriated herein unless it shall have submitted  documenta-
   41      tion  that  has  been approved by the commissioner by September 1 of
   42      2013 and of each school year in which a  payment  to  such  district
   43      from  this  appropriation would otherwise be made demonstrating that
   44      it has fully implemented new standards and procedures for conducting
   45      annual professional performance reviews of  classroom  teachers  and
   46      building  principals  to  determine teacher and principal effective-
   47      ness.
   48    Provided, further, that notwithstanding any provision of  law  to  the
   49      contrary, the $12,500,000 appropriated herein available for full-day
   50      and  half-day  pre-kindergarten  grants shall be awarded, based on a
   51      request for proposals developed by the commissioner and approved  by
   52      the  director  of  the  budget, to school districts to establish new
   53      full-day and half-day pre-kindergarten placements and/or to  convert
   54      existing  half-day  pre-kindergarten placements into full-day place-
   55      ments; provided that preference shall be granted for full-day place-
   56      ments while ensuring that  a  portion  of  grants  include  half-day
       A. 3896                             3
    1      placements  based  on  eligible applications; and provided, further,
    2      that such grants shall only be  used  to  supplement,  not  supplant
    3      existing  pre-kindergarten  programs, and provided further, however,
    4      that  any  portion  of  such  $12,500,000  that is not awarded shall
    5      remain available for subsequent awards in the 2013-14 school year or
    6      for full-day and half-day pre-kindergarten grants to be  awarded  in
    7      subsequent  school  years.  Provided, further, that such grants from
    8      funds appropriated herein shall be awarded based on factors  includ-
    9      ing,  but  not  limited  to,  the  following: (i) measures of school
   10      district need, (ii) measures of the need of students to be served by
   11      each of the school districts, (iii) the school  district's  proposal
   12      to  target the highest need schools and students, (iv) the extent to
   13      which the district's proposal would prioritize funds to maximize the
   14      total number of eligible children in the district served in pre-kin-
   15      dergarten programs, and (v)  proposal  quality.  Provided,  however,
   16      that  full-day  and  half-day  pre-kindergarten  grants appropriated
   17      herein shall only be available to support programs (i) that  provide
   18      instruction  for  at  least  five  hours per school day for full-day
   19      pre-kindergarten programs and at least two and  one-half  hours  per
   20      school  day  for half-day pre-kindergarten programs; (ii) that agree
   21      to offer instruction consistent with the New York state  pre-kinder-
   22      garten  foundation for the common core standards within three years;
   23      (iii) that ensure that, to the extent community-based providers  are
   24      part  of such program, such providers meet the requirements of para-
   25      graphs d-1 and d-2 of subdivision 12 of section 3602-e of the educa-
   26      tion law; and (iv) that otherwise comply with all of the same  rules
   27      and  requirements as universal pre-kindergarten programs pursuant to
   28      section 3602-e of the  education  law  except  as  modified  herein.
   29      Provided,  further,  that a school district's pre-kindergarten grant
   30      shall equal the product of (A) (i) two multiplied  by  the  approved
   31      number  of  new  full-day  pre-kindergarten placements plus (ii) the
   32      approved number of half-day pre-kindergarten  placement  conversions
   33      and new half-day pre-kindergarten placements, and (B) the district's
   34      selected  aid  per pre-kindergarten pupil pursuant to subparagraph i
   35      of paragraph b of subdivision 10 of section 3602-e of the  education
   36      law;  provided,  however,  that no district shall receive a grant in
   37      excess of the  total  actual  grant  expenditures  incurred  by  the
   38      district in the current school year as approved by the commissioner.
   39      Provided, further, that as a condition of eligibility for receipt of
   40      such funding, a school district shall agree to adopt approved quali-
   41      ty indicators within two years, including, but not limited to, valid
   42      and  reliable  measures  of  environmental  quality,  the quality of
   43      teacher-student interactions and child outcomes, and ensure that any
   44      such assessment of child outcomes shall not be used  to  make  high-
   45      stakes  educational  decisions  for individual children.   Provided,
   46      further, that no school  district  shall  receive  more  than  forty
   47      percent of the total pre-kindergarten grant allocation.
   48    Provided,  further,  that  notwithstanding any provision of law to the
   49      contrary, the $10,000,000 appropriated herein available for  school-
   50      wide  extended  learning grants shall be awarded to school districts
   51      or school districts in collaboration with not-for-profit  community-
   52      based  organizations  based  on responses to a request for proposals
   53      for planning and implementation grants that is (i) developed by  the
   54      commissioner; (ii) approved by the director of the budget; and (iii)
   55      issued  by  the  commissioner.  Provided,  further, that such grants
   56      shall be awarded based on factors including, but not limited to, the
       A. 3896                             4
    1      following: (i) the school district's proposal to target the  schools
    2      and  students  with  the  greatest  need, and (ii) proposal quality.
    3      Provided, further, that to assess proposal quality in order to award
    4      implementation  grant  funding,  the  commissioner  shall  take into
    5      account factors including, but not limited to:  (i)  the  extent  to
    6      which  the  school district's proposal would maximize the use of the
    7      additional learning time through a  comprehensive  restructuring  of
    8      the  school  day  and/or year, (ii) the extent to which the proposal
    9      would provide additional learning time for students  in  grades  six
   10      through  eight,  and (iii) how the additional learning time would be
   11      utilized, including, but not limited to, additional  time  spent  on
   12      core  academics. Provided, however, that no district shall be eligi-
   13      ble to receive a school-wide  extended  learning  grant  unless  its
   14      proposal  would  increase  student  learning  time  by  at  least 25
   15      percent. Provided, further,  that  a  school  district's  schoolwide
   16      extended learning implementation grant shall equal its average daily
   17      attendance  in  the school-wide extended learning program multiplied
   18      by the expected cost per pupil  of  the  additional  learning  time;
   19      provided,  further,  that  the  expected cost per pupil of the addi-
   20      tional learning time shall equal the greater of $1,500  or  (A)  the
   21      quotient  of  (i)  the school district's approved operating expense,
   22      pursuant to paragraph t of subdivision 1  of  section  3602  of  the
   23      education  law, for the year prior to the base year, divided by (ii)
   24      the  district's  public  school  district  enrollment,  pursuant  to
   25      subparagraph  (2)  of  paragraph n of such subdivision, for the year
   26      prior to the base year, multiplied by (B) 10 percent (0.10),  multi-
   27      plied by (C) the quotient of (i) the average of the national consum-
   28      er price indexes determined by the United States department of labor
   29      for  the  12-month  period preceding January first of the base year,
   30      divided by (ii) the average of the national consumer  price  indexes
   31      determined by the United States department of labor for the 12-month
   32      period  preceding  January  first of the year two years prior to the
   33      base year;  provided,  however,  that  in  extraordinary  cases  the
   34      commissioner  may  award  a  grant  that exceeds the per pupil limit
   35      described above; provided further, however, that no  district  shall
   36      receive  a  grant  in  excess of the total actual grant expenditures
   37      incurred by the district in the current school year as  approved  by
   38      the  commissioner.  Provided, further, that no school district shall
   39      receive more than forty percent of the  total  school-wide  extended
   40      learning grant allocation.
   41    Provided,  further,  that  notwithstanding any provision of law to the
   42      contrary, the $7,500,000 appropriated herein available for community
   43      schools grants shall be awarded, based on a  request  for  proposals
   44      (i) developed by the state council on children and families in coor-
   45      dination with the commissioner, (ii) approved by the director of the
   46      budget and (iii) issued by the commissioner, to school districts, or
   47      in a city with a population of one million or more an eligible enti-
   48      ty, to improve student outcomes through the implementation of commu-
   49      nity schools programs that use school buildings as community hubs to
   50      deliver co-located or school-linked academic, health, mental health,
   51      nutrition,  counseling,  legal and/or other services to students and
   52      their families. In a city with a population of one million or  more,
   53      eligible entities shall mean the city school district of the city of
   54      New  York, or not-for-profit organizations, which shall include not-
   55      for-profit community-based organizations. An eligible entity that is
   56      a not-for-profit may apply for a  community  school  grant  provided
       A. 3896                             5
    1      that  it  collaborates  with the city school district of the city of
    2      New York and receives the approval of the  chancellor  of  the  city
    3      school  district  of  the  city of New York. Provided, further, that
    4      such  grants  shall  be  awarded based on factors including, but not
    5      limited to, the following: (i) measures  of  school  district  need,
    6      (ii)  measures  of  the need of students to be served by each of the
    7      school districts, (iii) the school district's proposal to target the
    8      highest need schools and students, (iv) the  sustainability  of  the
    9      proposed  community  schools  program,  and  (v)  proposal  quality.
   10      Provided, further, that to assess proposal quality in order to award
   11      such funding, the  commissioner  shall  take  into  account  factors
   12      including,  but  not  limited to: (i) the extent to which the school
   13      district's proposal would provide such  community  services  through
   14      partnerships  with  local  governments and non-profit organizations,
   15      (ii) the extent to which the proposal would provide for delivery  of
   16      such  services  directly  in  school  buildings, (iii) the extent to
   17      which the proposal articulates how such  services  would  facilitate
   18      measurable  improvement  in  student  and  family outcomes, (iv) the
   19      extent to which the proposal articulates and identifies how existing
   20      funding streams and programs would be used to provide such community
   21      services, and (v) the extent to which the proposal ensures the safe-
   22      ty of all students, staff and community members in school  buildings
   23      used  as  community  hubs. Provided, however, that community schools
   24      grants appropriated herein shall be  paid  to  school  districts  in
   25      installments  upon  successful  implementation  of  each  phase of a
   26      school district's approved  proposal.  Provided,  further,  that  no
   27      school  district  shall receive more than forty percent of the total
   28      community schools grant allocation, and that each individual  commu-
   29      nity school site shall be limited to a maximum grant of $500,000.
   30    Provided,  further,  that  notwithstanding any provision of law to the
   31      contrary, the $5,500,000 appropriated herein available for a  master
   32      teachers  program shall support the award of stipends of $15,000 per
   33      annum over four years  to  individual  high-performing  teachers  in
   34      math, science and related fields, and of related costs, administered
   35      by  the state university of New York pursuant to a plan developed in
   36      consultation with the commissioner, who shall consult with appropri-
   37      ate state organizations representing K-12 public school teachers and
   38      approved by the  director  of  the  budget,  to  build  a  corps  of
   39      outstanding  math,  science  and related fields teachers in order to
   40      improve the quality of  instruction  at  public  secondary  schools.
   41      Such  plan  for use of funding appropriated herein shall: (i) estab-
   42      lish an application process; (ii) guidelines by  which  applications
   43      from  eligible teachers shall be evaluated, which shall include, but
   44      not be limited to, achievement of a rating of  highly  effective  on
   45      the  annual professional performance review; and (iii) provide peri-
   46      odic  opportunities  for  professional  development  for  successful
   47      applicants.  Provided,  further,  that  priority  shall  be given to
   48      applicants in regions of the state where a similar  program  is  not
   49      otherwise  offered.  Notwithstanding  any  provision  of  law to the
   50      contrary,  upon  approval  of  the  director  of  the  budget,  such
   51      $5,500,000  of master teachers program funding may be sub-allocated,
   52      interchanged, transferred or otherwise made available to  the  state
   53      university  of  New  York for the sole purpose of administering such
   54      program. Nothing herein shall be construed to limit  the  rights  of
   55      labor  organizations  representing  teachers to collectively bargain
       A. 3896                             6
    1      terms and conditions pursuant to article 14  of  the  civil  service
    2      law.
    3    Provided,  further,  that  notwithstanding any provision of law to the
    4      contrary, the $2,000,000 appropriated herein available for the early
    5      college high school  program  shall  support  the  continuation  and
    6      expansion  of  such  program  pursuant  to  a  plan developed by the
    7      commissioner and approved by the director of the budget.   Provided,
    8      however, that a portion of the payments to early college high school
    9      programs awarded funding from this appropriation shall be awarded on
   10      a  sliding  scale  based  upon  the number of college credits earned
   11      annually  by  participating  students,  consistent  with  guidelines
   12      established  by  the  commissioner.  Provided further that, notwith-
   13      standing any provision of law  to  the  contrary,  higher  education
   14      partners  participating in an early college high schools program, or
   15      the entity/entities responsible for setting tuition at the  institu-
   16      tion,  shall  be  authorized to set a reduced rate of tuition and/or
   17      fees, or  to  waive  tuition  and/or  fees  entirely,  for  students
   18      enrolled  in  such  early  college  high  schools  program  with  no
   19      reduction in other state, local or other support for  such  students
   20      earning  college  credit  that  such  higher education partner would
   21      otherwise be eligible to receive.
   22    Provided further that, notwithstanding any provision  of  law  to  the
   23      contrary,   of   the   amount  appropriated  herein,  a  minimum  of
   24      $12,500,000 shall be available for the payment of grant awards  made
   25      in  the  2014-15  school  year as follows: $2,500,000 of pathways in
   26      technology early college high school program grants and  $10,000,000
   27      of  [teacher excellence fund grants] COLLABORATIVE CURRICULUM DEVEL-
   28      OPMENT FUND  AWARDS;  provided  further  that,  notwithstanding  any
   29      provision  of  law to the contrary, such $25,000,000, plus any other
   30      amounts so designated in other items  of  appropriation  within  the
   31      general  fund  local  assistance  account  office of prekindergarten
   32      through grade twelve education program, shall constitute the compet-
   33      itive awards amount authorized for the 2013-14 school year by  chap-
   34      ter 53 of the laws of 2013.
   35    Provided  further  that,  notwithstanding  any provision of law to the
   36      contrary, the $2,500,000 appropriated herein available for  pathways
   37      in  technology  early  college  high  school (P-TECH) program grants
   38      shall be awarded pursuant to a plan developed  by  the  commissioner
   39      and  approved by the director of the budget, provided that such plan
   40      shall include but not be limited to (i) assurances that K-12, higher
   41      education  and  private-sector  partners  commit  to  the   required
   42      elements  and  responsibilities of a P-TECH program, (ii) provisions
   43      to ensure regional diversity of grant recipients, and (iii) priority
   44      for P-TECH programs  serving  students  in  academically  challenged
   45      school  districts; provided further that the commissioner shall make
   46      available the request for proposals for such program  on  or  before
   47      May  fifteenth  and the commissioner shall issue awards on or before
   48      August fifteenth;  and  provided  further  that  a  portion  of  the
   49      payments  to P-TECH programs awarded funding from this appropriation
   50      shall be made on a sliding scale based upon the  number  of  college
   51      credits  earned  annually by participating students, consistent with
   52      guidelines established by the commissioner.  Provided further  that,
   53      notwithstanding  any provision of law to the contrary, higher educa-
   54      tion  partners  participating  in   a   P-TECH   program,   or   the
   55      entity/entities  responsible for setting tuition at the institution,
   56      shall be authorized to set a reduced rate of tuition and/or fees, or
       A. 3896                             7
    1      to waive tuition and/or fees entirely, for students enrolled in such
    2      P-TECH program with no reduction in  other  state,  local  or  other
    3      support  for  such  students earning college credit that such higher
    4      education partner would otherwise be eligible to receive.
    5    Provided  further  that,  notwithstanding  any provision of law to the
    6      contrary, the $10,000,000 appropriated herein available for [teacher
    7      excellence fund grants shall be awarded to eligible school districts
    8      pursuant to a request for proposals based on a plan developed by the
    9      commissioner and approved by the director of  the  budget;  provided
   10      that such plan shall include an application for award of such grants
   11      to  such  eligible school districts to provide annual teacher excel-
   12      lence fund performance awards of up to $20,000 to eligible  teachers
   13      rated  as  "highly effective" on the most recent annual professional
   14      performance review, in accordance with the requirements  of  section
   15      3012-c of the education law and the regulations of the commissioner,
   16      pursuant  to such districts' approved applications; provided that in
   17      making  such  grants  the  commissioner  shall   prioritize   school
   18      districts'  applications  based on factors including but not limited
   19      to (i) the extent to which the school district's  application  would
   20      recognize  and  reward  such  teachers  in school buildings with the
   21      greatest academic need, in  difficult-to-staff  subject  or  certif-
   22      ication  areas  and grade levels, and at critical points in a teach-
   23      er's career in order  to  encourage  highly  effective  teachers  to
   24      remain  in  the  classroom,  and  (ii)  the  quality  of  the school
   25      district's application; and provided further that  the  commissioner
   26      shall  make  available  the application for such grants on or before
   27      May fifteenth and the commissioner  shall  issue  preliminary  grant
   28      awards  on  or  before  October fifteenth.] COLLABORATIVE CURRICULUM
   29      DEVELOPMENT FUND AWARDS SHALL BE ALLOCATED IN AN  AMOUNT  OF  UP  TO
   30      TWENTY THOUSAND DOLLARS TO SCHOOL DISTRICTS THAT HAVE OR WILL UNDER-
   31      GO  CURRICULUM  DEVELOPMENT.  ON  AN  ANNUAL  BASIS, ELIGIBLE SCHOOL
   32      DISTRICTS MAY SUBMIT AN APPLICATION TO THE COMMISSIONER, IN  A  FORM
   33      AND MANNER PRESCRIBED BY THE COMMISSIONER, TO REQUEST FUNDING PURSU-
   34      ANT  TO THIS SUBDIVISION. THE COMMISSIONER SHALL MAKE AVAILABLE SUCH
   35      APPLICATION ON OR BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL  YEAR
   36      AND  THE  COMMISSIONER SHALL ISSUE PRELIMINARY COLLABORATIVE CURRIC-
   37      ULUM DEVELOPMENT FUND GRANT AWARDS ON OR BEFORE OCTOBER FIFTEENTH OF
   38      THE SCHOOL YEAR IN WHICH THE ELIGIBLE SCHOOL DISTRICT SHALL  RECEIVE
   39      A COLLABORATIVE CURRICULUM DEVELOPMENT FUND AWARD.
   40    Notwithstanding  section  40 of the state finance law or any provision
   41      of law to the contrary, this appropriation shall lapse on March  31,
   42      2016 ... 250,000,000 ............................ (re. $245,192,000)
   43    Funds  appropriated herein shall be used to provide competitive grants
   44      pursuant to a request for proposals, developed by  the  commissioner
   45      and  approved  by  the director of budget, to those school districts
   46      that are participating in the race to the top program  and/or  which
   47      demonstrate  satisfactory progress, as determined by the commission-
   48      er, towards implementation of elements such as high quality  student
   49      assessments; use of data to improve instruction and student perform-
   50      ance  and  provision  of professional development to improve teacher
   51      performance; and that those eligible districts also demonstrate  the
   52      most  improved  academic achievement gains and student outcomes such
   53      as establishing or expanding participation in college level or early
   54      college programs; and other appropriate measures of student perform-
   55      ance; provided further that in determining the amount of  the  award
   56      to  be  made  from  the  funds  appropriated herein for those school
       A. 3896                             8
    1      districts identified as making the greatest  achievement  gains  and
    2      eligible  for  such award, the maximum grant award available to each
    3      school district shall be based upon the size of the  district  meas-
    4      ured  by  public  school  enrollment  of  the district; and provided
    5      further that such amount shall be adjusted based  upon  measures  of
    6      district  need  and  provided  further  that no district receiving a
    7      grant may be awarded more than forty percent  of  the  total  amount
    8      awarded;  and  provided  further  that  any  such funds awarded to a
    9      school district shall  be  used  to  increase  student  performance,
   10      narrow  the  achievement  gap,  and increase academic performance in
   11      traditionally underserved student groups.
   12    Provided further that, notwithstanding any provision  of  law  to  the
   13      contrary, in addition to the competitive awards amount as defined in
   14      paragraph  ee of subdivision 1 of section 3602 of the education law,
   15      a minimum of $37,500,000 shall be available for the payment of grant
   16      awards made in the 2013-14 school year, with additional  amounts  to
   17      be  made  available in the 2014-15 state fiscal year as necessary to
   18      continue such awards and make an additional round of awards pursuant
   19      to subdivision 6-a of section 3641  of  the  education  law  in  the
   20      2014-15  school year not to exceed the amount awarded in the 2013-14
   21      school year pursuant to such subdivision 6-a, and  such  $37,500,000
   22      shall  be made available for $12,500,000 of pre-kindergarten grants,
   23      $10,000,000 of school-wide extended learning grants,  $7,500,000  of
   24      community  schools  grants,  $5,500,000 for a master teacher program
   25      and $2,000,000 for the early college high school program;  provided,
   26      however,  that  no  school district shall receive any portion of the
   27      funds appropriated herein unless it shall have submitted  documenta-
   28      tion  that  has  been approved by the commissioner by September 1 of
   29      2013 and of each school year in which a  payment  to  such  district
   30      from  this  appropriation would otherwise be made demonstrating that
   31      it has fully implemented new standards and procedures for conducting
   32      annual professional performance reviews of  classroom  teachers  and
   33      building  principals  to  determine teacher and principal effective-
   34      ness.
   35    Provided, further, that notwithstanding any provision of  law  to  the
   36      contrary, the $12,500,000 appropriated herein available for full-day
   37      and  half-day  pre-kindergarten  grants shall be awarded, based on a
   38      request for proposals developed by the commissioner and approved  by
   39      the  director  of  the  budget, to school districts to establish new
   40      full-day and half-day pre-kindergarten placements and/or to  convert
   41      existing  half-day  pre-kindergarten placements into full-day place-
   42      ments; provided that preference shall be granted for full-day place-
   43      ments while ensuring that  a  portion  of  grants  include  half-day
   44      placements  based  on  eligible applications; and provided, further,
   45      that such grants shall only be  used  to  supplement,  not  supplant
   46      existing  pre-kindergarten  programs, and provided further, however,
   47      that any portion of such  $12,500,000  that  is  not  awarded  shall
   48      remain available for subsequent awards in the 2013-14 school year or
   49      for  full-day  and half-day pre-kindergarten grants to be awarded in
   50      subsequent school years. Provided, further, that  such  grants  from
   51      funds  appropriated herein shall be awarded based on factors includ-
   52      ing, but not limited to,  the  following:  (i)  measures  of  school
   53      district need, (ii) measures of the need of students to be served by
   54      each  of  the school districts, (iii) the school district's proposal
   55      to target the highest need schools and students, (iv) the extent  to
   56      which the district's proposal would prioritize funds to maximize the
       A. 3896                             9
    1      total number of eligible children in the district served in pre-kin-
    2      dergarten  programs,  and  (v)  proposal quality. Provided, however,
    3      that full-day  and  half-day  pre-kindergarten  grants  appropriated
    4      herein  shall only be available to support programs (i) that provide
    5      instruction for at least five hours  per  school  day  for  full-day
    6      pre-kindergarten  programs  and  at least two and one-half hours per
    7      school day for half-day pre-kindergarten programs; (ii)  that  agree
    8      to  offer instruction consistent with the New York state pre-kinder-
    9      garten foundation for the common core standards within three  years;
   10      (iii)  that ensure that, to the extent community-based providers are
   11      part of such program, such providers meet the requirements of  para-
   12      graphs d-1 and d-2 of subdivision 12 of section 3602-e of the educa-
   13      tion  law; and (iv) that otherwise comply with all of the same rules
   14      and requirements as universal pre-kindergarten programs pursuant  to
   15      section  3602-e  of  the  education  law  except as modified herein.
   16      Provided, further, that a school district's  pre-kindergarten  grant
   17      shall  equal  the  product of (A) (i) two multiplied by the approved
   18      number of new full-day pre-kindergarten  placements  plus  (ii)  the
   19      approved  number  of half-day pre-kindergarten placement conversions
   20      and new half-day pre-kindergarten placements, and (B) the district's
   21      selected aid per pre-kindergarten pupil pursuant to  subparagraph  i
   22      of  paragraph b of subdivision 10 of section 3602-e of the education
   23      law; provided, however, that no district shall receive  a  grant  in
   24      excess  of  the  total  actual  grant  expenditures  incurred by the
   25      district in the current school year as approved by the commissioner.
   26      Provided, further, that as a condition of eligibility for receipt of
   27      such funding, a school district shall agree to adopt approved quali-
   28      ty indicators within two years, including, but not limited to, valid
   29      and reliable measures  of  environmental  quality,  the  quality  of
   30      teacher-student interactions and child outcomes, and ensure that any
   31      such  assessment  of  child outcomes shall not be used to make high-
   32      stakes educational decisions for  individual  children.    Provided,
   33      further,  that  no  school  district  shall  receive more than forty
   34      percent of the total pre-kindergarten grant allocation.
   35    Provided, further, that notwithstanding any provision of  law  to  the
   36      contrary,  the $10,000,000 appropriated herein available for school-
   37      wide extended learning grants shall be awarded to  school  districts
   38      or  school districts in collaboration with not-for-profit community-
   39      based organizations based on responses to a  request  for  proposals
   40      for  planning and implementation grants that is (i) developed by the
   41      commissioner; (ii) approved by the director of the budget; and (iii)
   42      issued by the commissioner.  Provided,  further,  that  such  grants
   43      shall be awarded based on factors including, but not limited to, the
   44      following:  (i) the school district's proposal to target the schools
   45      and students with the greatest  need,  and  (ii)  proposal  quality.
   46      Provided, further, that to assess proposal quality in order to award
   47      implementation  grant  funding,  the  commissioner  shall  take into
   48      account factors including, but not limited to:  (i)  the  extent  to
   49      which  the  school district's proposal would maximize the use of the
   50      additional learning time through a  comprehensive  restructuring  of
   51      the  school  day  and/or year, (ii) the extent to which the proposal
   52      would provide additional learning time for students  in  grades  six
   53      through  eight,  and (iii) how the additional learning time would be
   54      utilized, including, but not limited to, additional  time  spent  on
   55      core  academics. Provided, however, that no district shall be eligi-
   56      ble to receive a school-wide  extended  learning  grant  unless  its
       A. 3896                            10
    1      proposal  would  increase  student  learning  time  by  at  least 25
    2      percent. Provided, further,  that  a  school  district's  schoolwide
    3      extended learning implementation grant shall equal its average daily
    4      attendance  in  the school-wide extended learning program multiplied
    5      by the expected cost per pupil  of  the  additional  learning  time;
    6      provided,  further,  that  the  expected cost per pupil of the addi-
    7      tional learning time shall equal the greater of $1,500  or  (A)  the
    8      quotient  of  (i)  the school district's approved operating expense,
    9      pursuant to paragraph t of subdivision 1  of  section  3602  of  the
   10      education  law, for the year prior to the base year, divided by (ii)
   11      the  district's  public  school  district  enrollment,  pursuant  to
   12      subparagraph  (2)  of  paragraph n of such subdivision, for the year
   13      prior to the base year, multiplied by (B) 10 percent (0.10),  multi-
   14      plied by (C) the quotient of (i) the average of the national consum-
   15      er price indexes determined by the United States department of labor
   16      for  the  12-month  period preceding January first of the base year,
   17      divided by (ii) the average of the national consumer  price  indexes
   18      determined by the United States department of labor for the 12-month
   19      period  preceding  January  first of the year two years prior to the
   20      base year;  provided,  however,  that  in  extraordinary  cases  the
   21      commissioner  may  award  a  grant  that exceeds the per pupil limit
   22      described above; provided further, however, that no  district  shall
   23      receive  a  grant  in  excess of the total actual grant expenditures
   24      incurred by the district in the current school year as  approved  by
   25      the  commissioner.  Provided, further, that no school district shall
   26      receive more than forty percent of the  total  school-wide  extended
   27      learning grant allocation.
   28    Provided,  further,  that  notwithstanding any provision of law to the
   29      contrary, the $7,500,000 appropriated herein available for community
   30      schools grants shall be awarded, based on a  request  for  proposals
   31      (i) developed by the state council on children and families in coor-
   32      dination with the commissioner, (ii) approved by the director of the
   33      budget and (iii) issued by the commissioner, to school districts, or
   34      in a city with a population of one million or more an eligible enti-
   35      ty, to improve student outcomes through the implementation of commu-
   36      nity schools programs that use school buildings as community hubs to
   37      deliver co-located or school-linked academic, health, mental health,
   38      nutrition,  counseling,  legal and/or other services to students and
   39      their families. In a city with a population of one million or  more,
   40      eligible entities shall mean the city school district of the city of
   41      New  York, or not-for-profit organizations, which shall include not-
   42      for-profit community-based organizations. An eligible entity that is
   43      a not-for-profit may apply for a  community  school  grant  provided
   44      that  it  collaborates  with the city school district of the city of
   45      New York and receives the approval of the  chancellor  of  the  city
   46      school  district  of  the  city of New York. Provided, further, that
   47      such grants shall be awarded based on  factors  including,  but  not
   48      limited  to,  the  following:  (i) measures of school district need,
   49      (ii) measures of the need of students to be served by  each  of  the
   50      school districts, (iii) the school district's proposal to target the
   51      highest  need  schools  and students, (iv) the sustainability of the
   52      proposed  community  schools  program,  and  (v)  proposal  quality.
   53      Provided, further, that to assess proposal quality in order to award
   54      such  funding,  the  commissioner  shall  take  into account factors
   55      including, but not limited to: (i) the extent to  which  the  school
   56      district's  proposal  would  provide such community services through
       A. 3896                            11
    1      partnerships with local governments  and  non-profit  organizations,
    2      (ii)  the extent to which the proposal would provide for delivery of
    3      such services directly in school  buildings,  (iii)  the  extent  to
    4      which  the  proposal  articulates how such services would facilitate
    5      measurable improvement in student  and  family  outcomes,  (iv)  the
    6      extent to which the proposal articulates and identifies how existing
    7      funding streams and programs would be used to provide such community
    8      services, and (v) the extent to which the proposal ensures the safe-
    9      ty  of all students, staff and community members in school buildings
   10      used as community hubs. Provided, however,  that  community  schools
   11      grants  appropriated  herein  shall  be  paid to school districts in
   12      installments upon successful  implementation  of  each  phase  of  a
   13      school  district's  approved  proposal.  Provided,  further, that no
   14      school district shall receive more than forty percent of  the  total
   15      community  schools grant allocation, and that each individual commu-
   16      nity school site shall be limited to a maximum grant of $500,000.
   17    Provided, further, that notwithstanding any provision of  law  to  the
   18      contrary,  the $5,500,000 appropriated herein available for a master
   19      teachers program shall support the award of stipends of $15,000  per
   20      annum  over  four  years  to  individual high-performing teachers in
   21      math, science and related fields, and of related costs, administered
   22      by the state university of New York pursuant to a plan developed  in
   23      consultation with the commissioner, who shall consult with appropri-
   24      ate  state  organizations  representing K-12 public school teachers,
   25      and approved by the director of the budget,  to  build  a  corps  of
   26      outstanding  math,  science  and related fields teachers in order to
   27      improve the quality of  instruction  at  public  secondary  schools.
   28      Such  plan  for use of funding appropriated herein shall: (i) estab-
   29      lish an application process; (ii) guidelines by  which  applications
   30      from  eligible teachers shall be evaluated, which shall include, but
   31      not be limited to, achievement of a rating of  highly  effective  on
   32      the  annual professional performance review; and (iii) provide peri-
   33      odic  opportunities  for  professional  development  for  successful
   34      applicants.  Provided,  further,  that  priority  shall  be given to
   35      applicants in regions of the state where a similar  program  is  not
   36      otherwise  offered.  Notwithstanding  any  provision  of  law to the
   37      contrary,  upon  approval  of  the  director  of  the  budget,  such
   38      $5,500,000  of master teachers program funding may be sub-allocated,
   39      interchanged, transferred or otherwise made available to  the  state
   40      university  of  New  York for the sole purpose of administering such
   41      program. Nothing herein shall be construed to limit  the  rights  of
   42      labor  organizations  to  collectively  bargain terms and conditions
   43      pursuant to article 14 of the civil service law.
   44    Provided, further, that notwithstanding any provision of  law  to  the
   45      contrary, the $2,000,000 appropriated herein available for the early
   46      college  high  school  program  shall  support  the continuation and
   47      expansion of such program  pursuant  to  a  plan  developed  by  the
   48      commissioner  and approved by the director of the budget.  Provided,
   49      however, that a portion of the payments to early college high school
   50      programs awarded funding from this appropriation shall be awarded on
   51      a sliding scale based upon the  number  of  college  credits  earned
   52      annually  by  participating  students,  consistent  with  guidelines
   53      established by the commissioner.   Provided further  that,  notwith-
   54      standing  any  provision  of  law  to the contrary, higher education
   55      partners participating in an early college high schools program,  or
   56      the  entity/entities responsible for setting tuition at the institu-
       A. 3896                            12
    1      tion, shall be authorized to set a reduced rate  of  tuition  and/or
    2      fees,  or  to  waive  tuition  and/or  fees  entirely,  for students
    3      enrolled  in  such  early  college  high  schools  program  with  no
    4      reduction  in  other state, local or other support for such students
    5      earning college credit that  such  higher  education  partner  would
    6      otherwise be eligible to receive.
    7    Provided  further  that,  notwithstanding  any provision of law to the
    8      contrary,  of  the  amount  appropriated  herein,   a   minimum   of
    9      $12,500,000  shall be available for the payment of grant awards made
   10      in the 2014-15 school year as follows:  $2,500,000  of  pathways  in
   11      technology  early college high school program grants and $10,000,000
   12      of [teacher excellence fund grants] COLLABORATIVE CURRICULUM  DEVEL-
   13      OPMENT  FUND  AWARDS;  provided  further  that,  notwithstanding any
   14      provision of law to the contrary, such $25,000,000, plus  any  other
   15      amounts  so  designated  in  other items of appropriation within the
   16      general fund local  assistance  account  office  of  prekindergarten
   17      through grade twelve education program, shall constitute the compet-
   18      itive  awards amount authorized for the 2013-14 school year by chap-
   19      ter 53 of the laws of 2013.
   20    Provided further that, notwithstanding any provision  of  law  to  the
   21      contrary,  the $2,500,000 appropriated herein available for pathways
   22      in technology early college  high  school  (P-TECH)  program  grants
   23      shall  be  awarded  pursuant to a plan developed by the commissioner
   24      and approved by the director of the budget, provided that such  plan
   25      shall include but not be limited to (i) assurances that K-12, higher
   26      education   and  private-sector  partners  commit  to  the  required
   27      elements and responsibilities of a P-TECH program,  (ii)  provisions
   28      to ensure regional diversity of grant recipients, and (iii) priority
   29      for  P-TECH  programs  serving  students  in academically challenged
   30      school districts; provided further that the commissioner shall  make
   31      available  the  request  for proposals for such program on or before
   32      May fifteenth and the commissioner shall issue awards on  or  before
   33      August  fifteenth;  and  provided  further  that  a  portion  of the
   34      payments to P-TECH programs awarded funding from this  appropriation
   35      shall  be  made  on a sliding scale based upon the number of college
   36      credits earned annually by participating students,  consistent  with
   37      guidelines  established by the commissioner.  Provided further that,
   38      notwithstanding any provision of law to the contrary, higher  educa-
   39      tion   partners   participating   in   a   P-TECH  program,  or  the
   40      entity/entities responsible for setting tuition at the  institution,
   41      shall be authorized to set a reduced rate of tuition and/or fees, or
   42      to waive tuition and/or fees entirely, for students enrolled in such
   43      P-TECH  program  with  no  reduction  in other state, local or other
   44      support for such students earning college credit  that  such  higher
   45      education partner would otherwise be eligible to receive.
   46    Provided  further  that,  notwithstanding  any provision of law to the
   47      contrary, the $10,000,000 appropriated herein available for [teacher
   48      excellence fund grants shall be awarded to eligible school districts
   49      pursuant to a request for proposals based on a plan developed by the
   50      commissioner and approved by the director of  the  budget;  provided
   51      that such plan shall include an application for award of such grants
   52      to  such  eligible school districts to provide annual teacher excel-
   53      lence fund performance awards of up to $20,000 to eligible  teachers
   54      rated  as  "highly effective" on the most recent annual professional
   55      performance review, in accordance with the requirements  of  section
   56      3012-c of the education law and the regulations of the commissioner,
       A. 3896                            13
    1      pursuant  to such districts' approved applications; provided that in
    2      making  such  grants  the  commissioner  shall   prioritize   school
    3      districts'  applications  based on factors including but not limited
    4      to  (i)  the extent to which the school district's application would
    5      recognize and reward such teachers  in  school  buildings  with  the
    6      greatest  academic  need,  in  difficult-to-staff subject or certif-
    7      ication areas and grade levels, and at critical points in  a  teach-
    8      er's  career  in  order  to  encourage  highly effective teachers to
    9      remain in  the  classroom,  and  (ii)  the  quality  of  the  school
   10      district's  application;  and provided further that the commissioner
   11      shall make available the application for such grants  on  or  before
   12      May  fifteenth  and  the  commissioner shall issue preliminary grant
   13      awards on or before  October  fifteenth.]  COLLABORATIVE  CURRICULUM
   14      DEVELOPMENT  FUND  AWARDS  SHALL  BE ALLOCATED IN AN AMOUNT OF UP TO
   15      TWENTY THOUSAND DOLLARS TO SCHOOL DISTRICTS THAT HAVE OR WILL UNDER-
   16      GO CURRICULUM DEVELOPMENT.  ON  AN  ANNUAL  BASIS,  ELIGIBLE  SCHOOL
   17      DISTRICTS  MAY  SUBMIT AN APPLICATION TO THE COMMISSIONER, IN A FORM
   18      AND MANNER PRESCRIBED BY THE COMMISSIONER, TO REQUEST FUNDING PURSU-
   19      ANT TO THIS SUBDIVISION. THE COMMISSIONER SHALL MAKE AVAILABLE  SUCH
   20      APPLICATION  ON OR BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL YEAR
   21      AND THE COMMISSIONER SHALL ISSUE PRELIMINARY  COLLABORATIVE  CURRIC-
   22      ULUM DEVELOPMENT FUND GRANT AWARDS ON OR BEFORE OCTOBER FIFTEENTH OF
   23      THE  SCHOOL YEAR IN WHICH THE ELIGIBLE SCHOOL DISTRICT SHALL RECEIVE
   24      A COLLABORATIVE CURRICULUM DEVELOPMENT FUND AWARD.
   25    Notwithstanding section 40 of the state finance law or  any  provision
   26      of  law to the contrary, this appropriation shall lapse on March 31,
   27      2016 ... 250,000,000 ............................ (re. $242,290,000)
   28    S 2. Subdivision 6-c of section 3641 of the education law is REPEALED.
   29    S 3. Section 3641 of the education law is  amended  by  adding  a  new
   30  subdivision 6-c to read as follows:
   31    6-C.  COLLABORATIVE CURRICULUM DEVELOPMENT FUND. A.  WITHIN THE AMOUNT
   32  APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A REQUEST FOR PROPOSALS DEVEL-
   33  OPED BY THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE
   34  COMMISSIONER  SHALL  AWARD  COLLABORATIVE  CURRICULUM  DEVELOPMENT  FUND
   35  GRANTS PURSUANT TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS, BEGIN-
   36  NING  IN  THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, TO
   37  PROVIDE AWARDS TO SCHOOL DISTRICTS THAT HAVE OR WILL UNDERGO  CURRICULUM
   38  DEVELOPMENT.  FOR  THE PURPOSES OF THIS SUBDIVISION, CURRICULUM SHALL BE
   39  SET FORTH BY THE COMMISSIONER AS DEFINED IN REGULATIONS.
   40    (1) COLLABORATIVE CURRICULUM DEVELOPMENT FUND AWARDS  SHALL  BE  ALLO-
   41  CATED  IN AN AMOUNT OF UP TO TWENTY THOUSAND DOLLARS TO SCHOOL DISTRICTS
   42  THAT HAVE OR WILL UNDERGO CURRICULUM DEVELOPMENT.
   43    (2) ON AN ANNUAL BASIS, ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLI-
   44  CATION TO THE COMMISSIONER, IN A  FORM  AND  MANNER  PRESCRIBED  BY  THE
   45  COMMISSIONER, TO REQUEST FUNDING PURSUANT TO THIS SUBDIVISION.
   46    (3)  THE  COMMISSIONER  SHALL  MAKE  AVAILABLE  SUCH APPLICATION ON OR
   47  BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL YEAR AND  THE  COMMISSIONER
   48  SHALL  ISSUE PRELIMINARY COLLABORATIVE CURRICULUM DEVELOPMENT FUND GRANT
   49  AWARDS ON OR BEFORE OCTOBER FIFTEENTH OF THE SCHOOL YEAR  IN  WHICH  THE
   50  ELIGIBLE SCHOOL DISTRICT SHALL RECEIVE A COLLABORATIVE CURRICULUM DEVEL-
   51  OPMENT FUND AWARD.
   52    (4)  APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE
   53  INFORMATION REQUIRED BY THE COMMISSIONER INCLUDING, BUT NOT LIMITED  TO,
   54  THE  EXTENT  TO WHICH THE REDEVELOPMENT OF THE SCHOOL DISTRICT'S CURRIC-
   55  ULUM: (I) UTILIZES THE METHODS TO DEVELOP NEW  CURRICULA;  (II)  DIFFERS
       A. 3896                            14
    1  FROM  PREVIOUS  CURRICULA  UTILIZED  BY  THE  SCHOOL DISTRICT; AND (III)
    2  RELATES TO STATE LEARNING STANDARDS.
    3    (5) THE COMMISSIONER SHALL PRIORITIZE APPLICATIONS SUBMITTED BY ELIGI-
    4  BLE SCHOOL DISTRICTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE
    5  FACTORS DESCRIBED IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH AND THE QUALITY
    6  OF THE PROPOSAL.
    7    B.  FOR  THE  PURPOSE  OF  THIS SUBDIVISION, THE TERM "ELIGIBLE SCHOOL
    8  DISTRICT" SHALL MEAN A COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOL,
    9  CITY, OR SPECIAL ACT SCHOOL DISTRICT.
   10    S 4. This act shall take effect immediately.
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