Bill Text: NY A10407 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes a fiscal control board for the East Ramapo central school district; continues the powers and duties of the monitors appointed to the East Ramapo central school district; provides for accelerated payments to the East Ramapo central school district; relates to building aid ratios for certain school districts; repeals provisions relating to supplementary funding for dedicated programs for public school students in the East Ramapo central school district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-07-15 - enacting clause stricken [A10407 Detail]
Download: New_York-2023-A10407-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10407--A IN ASSEMBLY May 23, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zebrowski) -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to building aid ratios for certain school districts; to establish a fiscal control board for the East Ramapo central school district and continue the powers and duties of the monitors appointed to the East Ramapo central school district, and to provide for accelerated payments to the East Ramapo central school district; to repeal chapter 89 of the laws of 2016 relating to supplementary funding for dedicated programs for public school students in the East Ramapo central school district; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Chapter 89 of the laws of 2016, relating to supplementary 2 funding for dedicated programs for public school students in the East 3 Ramapo central school district, is REPEALED. 4 § 2. Definitions. As used in this act: 5 1. "commissioner" shall mean commissioner of education; 6 2. "department" shall mean the state education department; 7 3. "board of education" shall mean the board of education of the East 8 Ramapo central school district; 9 4. "school district" or "district" shall mean the East Ramapo central 10 school district; and 11 5. "superintendent" shall mean the superintendent of the East Ramapo 12 central school district. 13 § 3. Establishment of a fiscal control board. 1. There is hereby 14 established a fiscal control board, that is an independent entity for 15 the district. The board shall consist of seven members, of the seven 16 members, one such member shall be appointed by the governor, one such 17 member shall be appointed by the speaker of the assembly, one such 18 member shall be appointed by the temporary president of the senate, one 19 such member shall be appointed by the minority leader of the assembly, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15729-04-4A. 10407--A 2 1 one such member shall be appointed by the minority leader of the senate, 2 and two such members shall be monitors appointed to the district by the 3 commissioner pursuant to section eight of this act; provided, however, 4 that in the event that no such monitor or monitors are currently 5 appointed, such member or members shall be appointed by the commission- 6 er. Provided further, however, that the president of the board of educa- 7 tion shall be a non-voting ex-officio member of the fiscal control 8 board. The president of the board of education shall be entitled to 9 attend all meetings of the fiscal control board, including executive 10 sessions; provided however, that the board president shall not be 11 considered for purposes of establishing a quorum of the fiscal control 12 board, provided further that the board president may be excused from 13 executive session when proposed, pending or current litigation involving 14 the board of education, and any of its individual members, are being 15 discussed. 16 2. Members of the fiscal control board shall be appointed, and may be 17 reappointed, to various terms of up to one to four years, so that one 18 term expires on June 30 of the first year, beginning June 30, 2025, and 19 so that two terms expire on June 30 of the second, third, and fourth 20 years. Notwithstanding any other provision of law to the contrary, 21 appointed members of the fiscal control board shall serve at the pleas- 22 ure of the appointing officer. The commissioner may remove a member of 23 the board for inefficiency, neglect of duty, or misconduct in office 24 after a public hearing on not less than 10 days' written notice and an 25 opportunity to be heard in person or by counsel. Upon removal by the 26 commissioner or upon any other vacancy occurring in the fiscal control 27 board, such vacancy shall be filled by the appointment of a new board 28 member by the appointee of such vacant board seat. 29 3. Notwithstanding any other provision of law to the contrary, to be 30 eligible for appointment to the fiscal control board a person shall: 31 (a) meet the requirements of section 2102 of the education law, except 32 that such appointed positions may be filled by persons who are not qual- 33 ified voters or residents of the school district; 34 (b) not be employees of the school district; 35 (c) not be disqualified from serving under section 2103 of the educa- 36 tion law; and 37 (d) to the extent practicable, have experience in school district 38 finances and one or more of the following areas: elementary and second- 39 ary education, the operation of school districts in New York, educating 40 students with disabilities, and/or educating English language learners. 41 4. The commissioner shall designate a chair and vice-chair from among 42 the members. The chair shall preside over all meetings of the members 43 and shall have such other duties as the members may prescribe. The vice- 44 chair shall preside over all meetings of the members in the absence of 45 the chair and shall have such other duties as the members may prescribe. 46 5. The members of the board shall serve without salary, but each 47 member shall be reimbursed by the district for actual and necessary 48 expenses incurred in the performance of such member's official duties as 49 a member of the fiscal control board. Provided, however, that the moni- 50 tors shall be paid by the district as prescribed in section eight of 51 this act. 52 6. Four members shall constitute a quorum for the transaction of any 53 business or the exercise of any power of the fiscal control board. 54 7. The fiscal control board shall have regular meetings at least once 55 quarterly. Such meetings may be held in tandem with the board of educa- 56 tion meetings. The meetings of the fiscal control board shall be open toA. 10407--A 3 1 the public, but such board may hold executive sessions, at which 2 sessions only the members of such board or the persons invited shall be 3 present. Such meetings shall be held in conformity with the provisions 4 of article 7 of the public officers law. The district shall assist in 5 the logistics of holding such board meetings and incur the costs in 6 conducting such meetings to the same extent as meetings held by the 7 board of education. 8 8. The fiscal control board shall be deemed members of the board of 9 education of the district for purposes of defense and indemnification by 10 the school district pursuant to section 3811 of the education law or 11 section 18 of the public officers law, if applicable, and shall also be 12 eligible for defense and indemnification by the state pursuant to 13 section 17 of the public officers law, provided that such defense and 14 indemnification by the state shall supplement and not supplant the 15 protection provided under the education law. 16 9. The district shall fully cooperate with the fiscal control board 17 including, but not limited to, providing the fiscal control board with 18 access, within 48 hours of such request from the fiscal control board, 19 to any necessary documents and records of the district including access 20 to electronic information systems, databases and planning documents, 21 consistent with all applicable state and federal statutes including, but 22 not limited to: Family Educational Rights and Privacy Act (FERPA)(20 23 U.S.C. § 1232g) and section 2-d of the education law. The fiscal control 24 board may notify the commissioner and board of education in writing when 25 the district has failed to provide the fiscal control board with 26 requested documents or records within such timeframe. Within 7 days, the 27 commissioner shall determine if the district failed to comply and shall 28 order the district to immediately provide the fiscal control board with 29 the requested documents or records. 30 § 4. General powers and duties of the fiscal control board. 1. The 31 fiscal control board shall act in addition to the board of education. 32 Provided, however, that the fiscal control board shall have fiscal 33 control over the district in accordance with the provisions of this act. 34 The fiscal control board shall have all the powers and duties of a board 35 of education of a central school district under the education law, as 36 such powers and duties relate to fiscal policies and decisions. The 37 fiscal control board's authority over the fiscal policies and decisions 38 of the district shall ensure the district maintains or improves current 39 educational programs and facilities. In carrying out their powers and 40 duties, the fiscal control board shall, to the greatest extent practica- 41 ble, account for the unique needs of any racial, ethnic, linguistic, or 42 religious minority groups within the district. 43 2. The fiscal control board shall have the following additional powers 44 and duties: 45 (a) to exercise fiscal control over the district in accordance with 46 section six of this act; 47 (b) to act as the finance board of the district for purposes of the 48 local finance law including, but not limited to, the power to authorize 49 the issuance of bonds and notes; 50 (c) to establish fiscal benchmarks for the district in relation to 51 district revenues and expenditures to stabilize the district's fiscal 52 condition by eliminating the district's fiscal deficit and enabling the 53 maintenance of a balanced budget while maintaining or improving current 54 educational programs and addressing facility needs; 55 (d) to review and revise all current fiscal policies and practices of 56 the district including, but not limited to, policies and practicesA. 10407--A 4 1 related to pupil transportation services, use of the district's fund 2 balance, and incurrence of debt; 3 (e) to review, authorize, and approve all contracts of the district. 4 Prior to entering into any contract, the district shall submit a copy of 5 such contract to the fiscal control board, accompanied by an analysis of 6 the projected costs of such agreement. Such submission shall be in such 7 form and shall include such additional information as the control board 8 may prescribe. The fiscal control board shall promptly review the terms 9 of such contract and the supporting information and shall disapprove any 10 contract which, in its judgment, would have a significant negative 11 impact on the fiscal health of the district; 12 (f) to conduct, or contract with an entity to conduct forensic audits 13 of the district and report any in which there is reason to believe a 14 violation of a law, abuse or waste has occurred to the state inspector 15 general. The cost of any such contract shall be paid by the district; 16 (g) to direct the board of education, superintendent, and/or other 17 school district staff to undergo any training as deemed necessary and 18 pursuant to timelines established by the fiscal control board. In no 19 event shall the total number of training hours exceed 15 hours in a 20 single calendar year. Provided, however, the fiscal control board may 21 recommend additional training as deemed necessary; 22 (h) to obtain independent counsel to serve as counsel to the fiscal 23 control board. The cost of such counsel shall be borne by the district; 24 (i) to utilize district staff to the same extent the board of educa- 25 tion utilizes such staff to aid in the performance of their duties; 26 (j) to approve or disapprove all fiscal reports including, but not 27 limited to, treasure's reports, payroll reports, claims audits reports, 28 internal and external audit reports, fund transfer reports; and 29 (k) to do all things necessary to carry out its purposes and exercise 30 powers expressly given and granted in this act. 31 § 5. Board of education meetings. 1. The fiscal control board shall be 32 entitled to attend all meetings of the board of education, including 33 executive sessions; provided however, that the fiscal control board 34 shall not be considered for purposes of establishing a quorum of the 35 board of education, provided further that the fiscal control board may 36 be excused from executive session when proposed, pending or current 37 litigation involving the fiscal control board and any of its individual 38 members, or the department, are being discussed. 39 2. (a) The board of education clerk shall provide the fiscal control 40 board with copies of the board of education agenda and all resolutions 41 and motions on such agenda for each board meeting no later than 72 hours 42 prior to such board meeting. If a proposed resolution or motion is for 43 the purpose of approving a contract or to comply with state law or regu- 44 lation and the date to comply with such law or regulation is within 21 45 days of the board meeting, the board clerk shall provide the fiscal 46 control board with copies of the proposed resolution and proposed 47 contract language at least 7 days prior to such meeting. 48 (b) In the event the fiscal control board is not provided with copies 49 of proposed resolutions or motions 72 hours or 7 days prior to a board 50 meeting, as applicable, the fiscal control board may, at their 51 discretion, remove an item including board resolutions or motions from 52 consideration by the board at such meeting. Upon the failure of the 53 board clerk to provide proposed resolutions or motions as required by 54 this section, the fiscal control board shall provide notice of such 55 failure to the board of education. An item removed from consideration by 56 the fiscal control board may not be reconsidered by the board of educa-A. 10407--A 5 1 tion for a period of 10 days or the next board of education meeting, 2 whichever is later, unless the fiscal control board expressly authorizes 3 consideration at an earlier date. 4 3. In the event that the fiscal control board finds that an adopted 5 resolution or motion, a proposed resolution or motion, or the board of 6 education's failure to act: violates state law, rule, or regulation; is 7 inconsistent with the terms of the long term strategic academic and 8 fiscal improvement plan adopted pursuant to section nine of this act; or 9 is fiscal matter that is under the jurisdiction of the fiscal control 10 board, the fiscal control board may: 11 (a) Override adopted or proposed resolutions or motions by the board 12 of education through the issuance of a directive which shall contain the 13 specific findings as to the necessity of such override and any potential 14 corrective action by the board of education that would address the defi- 15 ciency in such adopted or proposed resolution or motion. The fiscal 16 control board shall provide written notice to the board of education, 17 superintendent and commissioner of their intention to override the 18 adopted or proposed resolution or motion at any time but in no event 19 later than 48 hours after such resolution or motion was adopted by the 20 board of education unless the commissioner has extended the period to 21 override due to extenuating circumstances that necessitate additional 22 time. The override notice shall stay the proceedings of the board of 23 education on such adopted resolution or motion or, if the notice is 24 provided prior to action by the board of education, it shall remove such 25 proposed resolution or motion from consideration by the board of educa- 26 tion pending the issuance of a directive by the fiscal control board. 27 The fiscal control board must submit the directive to the board of 28 education, superintendent and the commissioner no later than 10 days 29 following notice of such override. Upon the issuance of a directive, the 30 override of the board of education's adopted or proposed resolution or 31 motion shall be final and conclusive unless the fiscal control board 32 fails to issue such directive within 10 days or within such period 33 established by the fiscal control board if the period was extended, 34 withdraws such override, or the commissioner overrules the fiscal 35 control boards override within 10 days of the issuance of the directive. 36 The fiscal control board may extend the period to submit such directive, 37 at intervals of 10 additional days for each extension, if the board of 38 education, superintendent or school district employees fail to provide 39 all relevant information requested by the fiscal control board related 40 to the adopted or proposed resolution or motion subject to such override 41 within 48 hours of such request. 42 (b) Submit a resolution for adoption by the board of education. The 43 resolution shall be submitted to the district clerk no later than 48 44 hours prior to the next scheduled board of education meeting who shall 45 cause the resolution to be placed on the next board meeting agenda and a 46 copy to be issued to the board of education, superintendent and commis- 47 sioner accompanied by specific findings as to the necessity of such 48 resolution. The monitor or monitors may direct the board to meet at a 49 date prior to their next scheduled board meeting to take up such resol- 50 ution. The fiscal control board may withdraw the resolution prior to, or 51 during, the next board meeting, if the board of education takes suffi- 52 cient action to resolve the issues contained in the resolution. If the 53 resolution is not withdrawn, it shall be deemed to be adopted at the 54 next board meeting through its submission and shall have the full force 55 and effect as any other resolution adopted by the board of education.A. 10407--A 6 1 § 6. Fiscal control. Notwithstanding any other provision of law to the 2 contrary, the fiscal control board shall have the following powers and 3 duties: 4 1. District's budget and propositions. Notwithstanding sections 2022 5 or 2023-a of the education law, or any other law to the contrary, if the 6 voters fail to approve the district's proposed budget as developed and 7 approved pursuant to section ten of this act, including any propositions 8 submitted therewith involving the expenditure of money or authorizing 9 the levy of a tax, including propositions relating to reserve funds 10 pursuant to section 3651 of the education law, the fiscal control board 11 is hereby authorized and directed to override the voters of the district 12 and deem the budget and/or proposition approved where the passage of 13 such budget and/or proposition is necessary for the fiscal stability of 14 the district or necessary to maintain or improve current educational 15 programs or facilities, as determined by the fiscal control board. 16 2. District transportation. Notwithstanding subdivision 1 of section 17 3635 or subdivision 2 of section 2023 of the education law, or any other 18 law to the contrary, the fiscal control board is hereby authorized and 19 directed to override voter approval of expanded transportation provided 20 to students in the district as prescribed in subdivision 1 of section 21 3635 of the education law where: 22 (a) the district's percentage of transportation expenditures out of 23 the district's total expenditures is significantly above the statewide 24 school district average percentage of transportation expenditures, as 25 determined by the fiscal control board; or 26 (b) the fiscal control board determines that such override is neces- 27 sary for the fiscal stability of the district or necessary to maintain 28 or improve current educational programs or facilities, as determined by 29 the fiscal control board. 30 3. School taxes and school bonds. Notwithstanding section 416 of the 31 education law, section 37.00 of the local finance law, or any other law 32 to the contrary, the fiscal control board may resolve to introduce a 33 proposition involving the expenditure of money, or authorizing the levy 34 of a tax, at any annual or special district meeting for any purpose 35 prescribed in subdivision 1 of section 416 of the education law. 36 Provided, however, that if the voters of the district do not approve 37 such proposition, the fiscal control board is hereby authorized and 38 directed to override the voters of the district and deem the proposition 39 approved where the passage of such proposition is necessary for any 40 purposes prescribed in subdivision 1 of section 416 of the education law 41 including, but not limited to, addressing the facilities needs of the 42 district consistent with the districts five year capital facilities 43 plan, as required pursuant to clause (i) of subparagraph 2 of paragraph 44 b of subdivision 6 of section 3602 of the education law, or for such 45 other purpose relating to the support and welfare of the district, as 46 determined by the fiscal control board. The fiscal control board may 47 convene a special district meeting for the purpose of considering such 48 proposition if the board of education fails to do so. 49 4. Collective bargaining agreements. Notwithstanding any law to the 50 contrary, the fiscal control board shall review and approve or disap- 51 prove any collective bargaining agreements to be entered into, modified, 52 altered, or amended by the district on and after the effective date of 53 this act. Prior to entering into any such collective bargaining agree- 54 ment, the district shall submit a copy of such collective bargaining 55 agreement to the fiscal control board, accompanied by an analysis of the 56 projected costs of such agreement. Such submission shall be in such formA. 10407--A 7 1 and shall include such additional information as the fiscal control 2 board may prescribe. The fiscal control board shall promptly review the 3 terms of such collective bargaining agreement and the supporting infor- 4 mation and shall disapprove any collective bargaining agreement which, 5 in its judgment, would have a significant negative impact on the fiscal 6 health of the district. 7 § 7. Additional authority of commissioner of education. Notwithstand- 8 ing any provision of law to the contrary, the commissioner shall have 9 the authority during the effectiveness of this act to: 10 1. appoint and supervise the superintendent and remove the superinten- 11 dent in accordance with the terms and procedures in the superintendent's 12 contract, as if such removal were by the board of education. Notwith- 13 standing any provision of law to the contrary, the board of education 14 shall not be authorized to remove the superintendent appointed by the 15 commissioner; and 16 2. approve or disapprove appointments of assistant or associate super- 17 intendents, school principals, and other school administrators and 18 supervisors, including tenure appointments. 19 § 8. Appointment of monitor team. 1. In accordance with the powers and 20 duties of the board of regents and the commissioner pursuant to subdivi- 21 sion 2 of section 305 of the education law, section 308 of the education 22 law, and section 215 of the education law, up to 2 monitors shall be 23 appointed by and serve at the pleasure of the commissioner to carry out 24 the provisions of this act including but not limited to providing over- 25 sight, guidance and technical assistance related to the educational and 26 fiscal policies, practices, programs and decisions of the district, the 27 board of education and the superintendent. Provided, however, that the 28 monitors appointment pursuant to former chapter 89 of the laws of 2016, 29 as amended, may continue their appointment under this act. 30 2. The reasonable and necessary expenses incurred by the monitors 31 while performing such monitors official duties shall be paid by the 32 school district. 33 3. The monitors shall provide support and assistance as deemed neces- 34 sary to the additional members of the fiscal control board appointed 35 pursuant to section three of this act in fulfilling their duties under 36 the provisions of this act. 37 4. The board of education, in consultation with the monitors, shall 38 adopt a conflict of interest policy that complies with all existing 39 applicable laws, rules, and regulations, that ensures its board members 40 and administration act in the school district's best interest and comply 41 with applicable legal requirements. The conflict of interest policy 42 shall include, but not be limited to: 43 (a) a definition of the circumstances that constitute a conflict of 44 interest; 45 (b) procedures for disclosing a conflict of interest to the board; 46 (c) a requirement that the person with the conflict of interest not be 47 present at or participate in board deliberations or votes on the matter 48 giving rise to such conflict, provided that nothing in this subdivision 49 shall prohibit the board of education from requesting that the person 50 with the conflict of interest present information as background or 51 answer questions at a board of education meeting prior to the commence- 52 ment of deliberations or voting relating thereto; 53 (d) a prohibition against any attempt by the person with the conflict 54 to influence improperly the deliberation or voting on the matter giving 55 rise to such conflict; andA. 10407--A 8 1 (e) a requirement that the existence and resolution of the conflict be 2 documented in the board's records, including in the minutes of any meet- 3 ing at which the conflict was discussed or voted upon. 4 § 9. Long term strategic academic and fiscal improvement plan. 1. The 5 board of education and the monitors shall continue to annually revise 6 the long term strategic academic and fiscal improvement plan developed 7 pursuant to former section 5 of chapter 89 of the laws of 2016, as 8 amended, and shall annually revise such plan by September first of each 9 year. 10 2. Such plan, including such annual revisions thereto, shall be 11 submitted to the fiscal control board for approval. After approval from 12 the fiscal control board, the plan shall then be submitted to the 13 commissioner. 14 3. Such plan shall include a set of goals with appropriate benchmarks 15 and measurable objectives and identify strategies to address areas where 16 improvements are needed in the district, including but not limited to 17 its financial stability, academic opportunities and outcomes, education 18 of students with disabilities, education of English language learners, 19 the educational, social and emotional welfare of public school students 20 and shall ensure compliance with all applicable state and federal laws 21 and regulations. 22 4. The strategic academic and fiscal improvement plan shall, to the 23 maximum extent possible, consider the demographic makeup of the district 24 and the unique needs of minority racial, ethnic, religious and undocu- 25 mented communities of interest. 26 5. The improvement plan shall also include a comprehensive expenditure 27 plan that will describe how any funds appropriated to the district in 28 addition to those appropriated pursuant to sections 3602 and 3602-e of 29 the education law will be spent in the applicable school year. The 30 comprehensive expenditure plan shall ensure that funds supplement, not 31 supplant, expenditures from local, state and federal funds for services 32 provided to public school students. 33 6. The board of education and the monitors must annually conduct a 34 public hearing on the long term strategic academic and fiscal improve- 35 ment plan and shall consider the input of the community before adopting 36 or revising such plan. Such long term strategic academic and fiscal 37 improvement plan shall also be made publicly available and shall be 38 annually submitted along with comments made by the community to the 39 fiscal control board and then the commissioner for approval once the 40 plan is finalized. Upon review of the long term strategic academic and 41 fiscal improvement plan, the fiscal control board and commissioner shall 42 approve or deny such plan in writing and, if denied, shall include the 43 reasons therefor. The board of education and monitors may resubmit such 44 plan or plans with any needed modifications thereto. 45 7. The monitors may notify the commissioner, the fiscal control board, 46 and the board of education in writing when they deem the district is 47 violating an element of the long term strategic academic and fiscal 48 improvement plan. Within 20 days, the commissioner shall determine 49 whether the district is in violation of any of the elements of the plan 50 highlighted by the monitors and shall order the district to comply imme- 51 diately with the plan and remedy any such violation. The school district 52 shall suspend all actions related to the potential violations of the 53 plan until the commissioner issues a determination. 54 § 10. District budget development and approval. 1. The fiscal control 55 board shall, in consultation with the board of education, annually 56 develop and submit the school district's proposed budget for the nextA. 10407--A 9 1 succeeding school year to the commissioner no later than March first 2 prior to the school district's annual budget vote. 3 2. The fiscal control board shall review the budget to ensure that it, 4 to the greatest extent possible: 5 (a) is consistent with the long term strategic academic and fiscal 6 improvement plan developed and adopted pursuant to this act; 7 (b) expands educational programming for students including, but not 8 limited to, extracurricular activities, course offerings, non-mandated 9 support services, non-mandated art and music classes, programs and 10 services for English language learners and students with disabilities, 11 and maintaining class size; and 12 (c) is balanced within the context of revenue and expenditure esti- 13 mates and mandated programs. 14 3. The fiscal control board shall present its findings to the commis- 15 sioner no later than 45 days prior to the date scheduled for the school 16 district's annual budget vote. The commissioner shall require that the 17 fiscal control board make any additional adjustments to the proposed 18 budget if the commissioner determines such adjustments are necessary to 19 ensure that the proposed budget meets the requirements of subdivision 2 20 of this section. 21 4. The school district shall make available on the district's website: 22 the initial proposed budget, the commissioner's adjustments, if any, and 23 the final proposed budget, at least 7 days prior to the date of the 24 school district's budget hearing. The fiscal control board shall provide 25 the commissioner with any information the commissioner requests in order 26 to make a determination pursuant to this section within 3 business days 27 of such request. 28 § 11. Reporting. The district shall provide quarterly reports to the 29 fiscal control board and annual reports to the commissioner and board of 30 regents on the academic, fiscal, and operational status of the school 31 district. In addition, the fiscal control board shall provide semi-annu- 32 al reports to the commissioner, board of regents, the governor, the 33 temporary president of the senate, the speaker of the assembly, and the 34 state comptroller on the academic, fiscal, and operational status of the 35 school district. Such semi-annual report shall include all the contracts 36 that the district entered into throughout the year. 37 § 12. Community advisory board. 1. The community advisory board 38 appointed pursuant to former section 11 of chapter 89 of the laws of 39 2016, as amended, is hereby continued. Such board shall be jointly 40 appointed by the board of education and the superintendent and shall be 41 comprised of 10 persons who either reside in or are employed by the 42 district. 43 2. The community advisory board, to the greatest extent possible, 44 shall include: 45 (a) at least one member who resides within the district and is the 46 parent of a student with special needs whose education is provided for 47 by the district; 48 (b) at least one member for each of the three most common non-English 49 languages spoken by individuals in the district based on the most recent 50 decennial federal census; 51 (c) at least one member who is a member of a civic league or organiza- 52 tion not organized for profit but operated exclusively for the promotion 53 of social welfare whose mission includes advocating for the civil rights 54 of racial and ethnic minority groups; 55 (d) at least one member who is the parent of a public school student; 56 andA. 10407--A 10 1 (e) at least one member who is the parent of a non-public school 2 student. 3 3. Each appointment made to the community advisory board may be used 4 to satisfy more than one of the requirements specified in subdivision 2 5 of this section. 6 4. The community advisory board shall meet with the fiscal control 7 board at least four times each year and shall provide a range of commu- 8 nity perspectives on the important issues affecting the public and non- 9 public schools in the district. Such meetings shall be held in conformi- 10 ty with the provisions of article 7 of the public officers law. The 11 district shall assist in the logistics of holding such meetings and 12 incur the costs in conducting such meetings to the same extent as meet- 13 ings held by the board of education. 14 5. The members of the community advisory board shall receive no 15 compensation for their services. 16 6. Each member of the community advisory board shall serve for a term 17 of one year. The superintendent and board shall jointly appoint or reap- 18 point members when a term expires. The superintendent and board shall 19 have the power to fill a vacancy. 20 § 13. Fiscal control period. The fiscal control period of the fiscal 21 control board shall begin as of the effective date of this act. 22 Provided, however, that the fiscal control board shall no longer have 23 fiscal control as prescribed in this act upon such date that the fiscal 24 control board determines that the district has met the fiscal benchmarks 25 established by such board and the goals set in the long term strategic 26 academic and fiscal improvement plan and has maintained such benchmarks 27 and goals for a period of three school years. The fiscal control board 28 shall submit a report to the governor, the temporary president of the 29 senate, the speaker of the assembly, and the commissioner with documen- 30 tation and analyses demonstrating the basis for such determination. 31 Provided further that if at any time the district fails to meet the 32 fiscal benchmarks established by the fiscal control board, or the goals 33 set forth in the long term strategic academic and fiscal improvement 34 plan, as determined by the fiscal control board, the fiscal control 35 board's control period shall be reinstated. Provided further that in no 36 event shall the fiscal control board's control period continue beyond 37 the period when all bonds and notes authorized to be issued by the 38 fiscal control board expire, or June 30, 2050, whichever is later. 39 § 14. Payment. The East Ramapo central school district shall be paid 40 on an accelerated schedule as follows: 41 1. (a) Notwithstanding any other provisions of law, for aid payable in 42 the school years 2024-2025 through 2053-2054 upon application to the 43 commissioner of education submitted not sooner than the second Monday in 44 July of the school year in which such aid is payable and not later than 45 the Friday following the third Monday in July of the school year in 46 which such aid is payable, or 10 days after the effective date of this 47 act, whichever shall be later, the East Ramapo central school district 48 shall be eligible to receive an apportionment pursuant to this act in an 49 amount equal to the product of $20,000,000 and the quotient of the posi- 50 tive difference of thirty minus the number of school years elapsed since 51 the 2024-2025 school year divided by thirty. 52 (b) Funds apportioned pursuant to this subdivision shall be used for 53 services and expenses of the East Ramapo central school district and 54 shall be applied in support of its educational programs and any liabil- 55 ity incurred by such central school district in carrying out its func- 56 tions and responsibilities under the education law.A. 10407--A 11 1 2. The claim for an apportionment to be paid to the East Ramapo 2 central school district pursuant to subdivision 1 of this section shall 3 be submitted to the commissioner on a form prescribed for such purpose, 4 and shall be payable upon determination by such commissioner that the 5 form has been submitted as prescribed and that the school district has 6 complied with the reporting requirements of this act. For each school 7 year in which application is made pursuant to subdivision 1 of this 8 section, such approved amount shall be payable on or before July thir- 9 ty-first of such school year upon the audit and warrant of the state 10 comptroller on vouchers certified or approved by the commissioner in the 11 manner prescribed by law from moneys appropriated from the general fund 12 for general support for public schools due such school district pursuant 13 to section 3609-a of the education law. 14 3. Notwithstanding the provisions of section 3609-a of the education 15 law, an amount equal to the amount paid to the East Ramapo central 16 school district during the current year pursuant to subdivisions 1 and 2 17 of this section shall first be deducted from payments due during the 18 current school year pursuant to subparagraphs 4 and 5 of paragraph a of 19 subdivision 1 of section 3609-a of the education law in the following 20 order: the fixed fall payments payable pursuant to subparagraph 4 of 21 such paragraph, and any remainder to be deducted from the individualized 22 payments due to the district pursuant to paragraph b of such subdivision 23 shall be deducted on a chronological basis starting with the earliest 24 payment due the district. 25 4. Notwithstanding any other provisions of law, the sum of payments 26 made to the East Ramapo central school district during the base year 27 pursuant to subdivisions 1 and 2 of this section plus payments made to 28 such school district during the current year pursuant to section 3609-a 29 of the education law shall be deemed to truly represent all aids paid to 30 such school district during the current school year pursuant to such 31 section for the purposes of computing any adjustments to such aids that 32 may occur in a subsequent school year. 33 (a) On or before the first day of each month beginning in July 2024 34 and ending in June 2054, the chief fiscal officer and the superintendent 35 of the district shall prepare and submit to the board of education and 36 monitors, so long as these roles are filled, a report of the fiscal 37 condition of the school district, including but not limited to the most 38 current available data on fund balances on funds maintained by the 39 school district and the district's use of the apportionments provided 40 pursuant to subdivisions 1 and 2 of this section. 41 (b) Such monthly report shall be in a format prescribed by the commis- 42 sioner. The board of education and monitors shall either reject and 43 return the report to the chief fiscal officer and the superintendent for 44 appropriate revisions and resubmittal or shall approve the report and 45 submit copies to the commissioner and the state comptroller of such 46 approved report as submitted or resubmitted. 47 (c) In the 2024-2025 through 2053-2054 school years, the chief fiscal 48 officer of the district shall monitor all budgets and for each budget, 49 shall prepare a quarterly report of summarized budget data depicting 50 overall trends of actual revenues and budget expenditures for the entire 51 budget as well as individual line items. Such report shall compare 52 revenue estimates and appropriations as set forth in such budget with 53 the actual revenues and expenditures made to date. All quarterly reports 54 shall be accompanied by a recommendation from the superintendent or 55 chief fiscal officer to the board of education setting forth any remedi- 56 al actions necessary to resolve any unfavorable budget variance includ-A. 10407--A 12 1 ing the overestimation of revenue and underestimation of appropriations. 2 The chief fiscal officer shall also prepare, as part of such report, a 3 quarterly trial balance of general ledger accounts in accordance with 4 generally accepted accounting principles as prescribed by the state 5 comptroller. All reports shall be completed within sixty days after the 6 end of each quarter and shall be submitted to the chief fiscal officer 7 and the board of education, the state division of budget, the office of 8 the state comptroller, the commissioner, the chair of the assembly ways 9 and means committee, and the chair of the senate finance committee. 10 § 15. Subparagraph 1 of paragraph e of subdivision 3 of section 3602 11 of the education law, as added by section 13 of part B of chapter 57 of 12 the laws of 2007, is amended to read as follows: 13 (1) The actual valuation of such district shall be divided by its 14 resident weighted average daily attendance as computed pursuant to this 15 section to determine its actual valuation per resident pupil, provided 16 however that for the two thousand twenty-four--two thousand twenty-five 17 school year and thereafter, for any school district where resident 18 nonpublic school district enrollment shall exceed resident public school 19 district enrollment, the actual valuation per resident pupil shall be 20 equal to its actual valuation divided by the sum of (i) its resident 21 weighted average daily attendance plus (ii) one half of the resident 22 nonpublic school district enrollment for the base year. 23 § 16. Severability. If any provision of this act, or any application 24 of any provision of this act, is held to be invalid, that shall not 25 affect the validity or effectiveness of any other provision of this act, 26 or of any other application of any provision of this act, which can be 27 given effect without that provision or application; and to that end, the 28 provisions and applications of this act are severable. 29 § 17. This act shall take effect on the sixtieth day after it shall 30 have become a law; provided however, that the governor, the temporary 31 president of the senate, and the speaker of the assembly are hereby 32 authorized to appoint the members of the fiscal control board on or 33 before such effective date. Provided, further that this act shall expire 34 and be deemed repealed upon expiration of the fiscal control period 35 pursuant to section fourteen of this act. The governor shall notify the 36 legislative bill drafting commission upon expiration of the fiscal 37 control period pursuant to section fourteen of this act in order that 38 the commission may maintain an accurate and timely effective data base 39 of the official text of the laws of the state of New York in furtherance 40 of effectuating the provisions of section 44 of the legislative law and 41 section 70-b of the public officers law.
