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     3  Ramapo central school district, is REPEALED.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.
                                                                   LBD15729-04-4

        A. 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 to

        A. 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  practices

        A. 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 form

        A. 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; and

        A. 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 next

        A. 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  and

        A. 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.
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